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HomeMy WebLinkAbout14 - Analytical Services For Dredging Permit IssuesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 June 12, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager, (949) 644 -3002 dkiff@citV.newport-beach.ca.us Tom Rossmiller, Harbor Resources Manager, 949 - 644 -3034 trossmiller@citV.newport-beach.ca.us SUBJECT: Analytical Services for Resolution of Dredging Permit Issues — Amendment No. 1 to Professional Services Agreement with Weston Solutions, Inc. ISSUE: In the event that a Lower Newport Bay dredging project is possible in the near future, should the City do preliminary testing work to address contaminated sediment issues? RECOMMENDATION: 1. Approve Amendment No. 1 to the Professional Services Agreement with Weston Solutions, Inc. and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve budget amendment transferring $104,200 from the unappropriated General Fund reserve to account 2731- C2370721 Analytical Services Agreement. DISCUSSION: Scope of Original Professional Services Agreement The original Professional Services Agreement was awarded to Weston Solutions for analytical services necessary to acquire a programmatic permit known as Regional General Permit (RGP -54), which provides for small project dredging in Newport Bay and repairs to existing residential docks. The analyses that were performed are complex and involve examining the chemical quality of sediments for many organic and inorganic constituents, evaluating the physical makeup of the sediments and evaluating the biological impacts through bioassay and bioaccumulation studies. This study, which was awarded for $350,000, helped the City acquire the RGP -54 permit throughout most of Newport Bay with some exclusions due to relatively local non - compliance with standards. The proposed amendment will assist in permitting additional areas of the Analytical Services for Resolution of Dredging Permit Issues June 12, 2007 Page 2 harbor for future dredging projects and in finding the source of the pollutants that caused the standard violation. Proposed Mercury Contamination Studies In September 2006, the US Army Corps of Engineers, California Coastal Commission, US EPA (the Agencies), and City of Newport Beach Harbor Resources Division (the City) agreed to renew the RGP -54 permit for the City of Newport Beach. Under RGP - 54, the City can administer small dredging projects in support of dock and bulkhead maintenance. Sediment from these projects is permitted to be disposed of at LA -3 (the offshore sediment disposal site about 4 miles off of the Newport Pier) or to be used for beach replenishment project in the Bay. However, two areas in Lower Newport Bay have been provisionally excluded from the RGP -54 permit due to mercury concentrations that exceeded the Median Effects Range (ER -M). Sediments that exceeded the ER -M guidance level were those collected from Stations 1 -1, 1 -2, and 1 -5 (see Figure 1). As a result, the West Lido Channel and the nearshore area on Balboa Peninsula from 13th Street to 17th Street were provisionally excluded from the RGP -54 permit, pending further investigation. The City of Newport Beach's Harbor Resources Division proposes to conduct additional sampling and analysis to further define the nature and extent of mercury contamination in the West Lido Channel and Balboa Peninsula sediment. The purpose of this investigation is to refine the boundaries of the areas with elevated mercury concentrations and to better understand the concentration gradients from the original sample locations. Ultimately, Harbor Resources is attempting to find the source of the mercury contamination for future clean -up and to reduce the size of the areas excluded from RGP -54. The not -to- exceed cost of this phase of the project is $50,000. Figure 1. Shaded area denotes shorelines that have been provisionally excluded from the RGP54 permit. a Analytical Services for Resolution of Dredging Permit Issues June 12, 2007 Page 3 Proposed Amphipod Toxicity Studies In recent years, sedimentation in Lower Newport Bay has resulted in the narrowing and shoaling of the Federal Channels that act as the main conduits to marina and harbor traffic. Although sediment catch basins constructed in Upper Newport Bay are effective in helping to reduce sedimentation, the Lower Bay has remained subject to heavy amounts of silt and sediment via tidal activity and storm events. By dredging the Lower Bay, the United States Army Corps of Engineers (USACE) and City of Newport Beach (City) hope to re- establish adequate water depths along the Federal Channels and to improve navigation for vessels using, entering and leaving Newport Bay. The channels proposed for dredging are located in Lower Newport Bay are referred to as the "Federal Channels" and include the Newport Channel, Balboa Reach, Balboa Island North Channel, Harbor Island Reach, the Federal Anchorage, Lido Isle Reach, and the Turning Basin. Of particular concern is the Federal Anchorage, located in the center of Lower Newport Bay (see Figure 2). This is an area of heavy sediment deposition, where vessels are grounding. The estimated volume for a potential first phase project is approximately 400,000 cubic yards of dredged material. The total volume of dredging needed to clean the Lower Bay to design depth is about 1 million cubic yards. This proposed study could assist in permit acquisition for either alternative. In order to maintain navigation, the proposed dredge depths range from -10 to -20 ft mean lower low water (MLLW) with a maximum over - dredge allowance of 2 ft. The USACE and City are proposing to dispose of the dredged material at LA -3. Figure 2: Federal Navigational Channels Y � j 1J• i <4 L rF ! 2. a15 416 +Ke \ 1p:Y T, .V Lea�ontl :N yj��� e w — 1A 1 ,tc _ E Analytical Services for Resolution of Dredging Permit Issues June 12, 2007 Page 4 In order to determine the suitability for ocean disposal of Federal Channel sediments, a chemical and biological evaluation was conducted following guidance provided by the Ocean Testing Manual. The Tier III study tested 28 stations representing a total of four areas (plus two sub - areas). Sediment composites were evaluated for physical characteristics, chemicals of concern (COC), and biological effects, including solid - phase and suspended- particulate phase (SPP) toxicity. Chemical analytes that exceeded concentrations expected to elicit biological effects [Effects Range -Low (ER -L) and Effects Range- Median (ER -M)] included DDT and associated congeners and five metals (mercury, nickel, copper, arsenic, and cadmium). While there were no exceedences of the limiting permissible concentration for the fish, mysid, or larval mussels in the SPP tests or for the polychaete solid- phase tests, toxicity was observed in the amphipod test with Eohaustorius estuarius. What is an Amphipod? An amphipod is a small crustacean. There are probably more species and more environments inhabited by amphipods than for any other group. In the sea, amphipods can be found burrowing in sandy and muddy sediments, living in tubes on hard surfaces, and dwelling among macro- algae.. Estuarine, freshwater and even terrestrial species are known. Typically, they are in the size range 1 -10 mm (0:04 to 0.4 inches). Figure 3 — An Amphipod More about the Technical Studies A subsequent round of tests focused specifically on the Federal Anchorage indicated similar results, with the amphipod test failing to meet the ocean disposal LPC. It is important to note that amphipod toxicity was not necessarily correlated with the chemistry observed in the Area composites. For example, the Area 1 composite (Balboa Channel) had significant amphipod toxicity; however, it had no metals above ER -L levels and the lowest total DDT concentrations. 4 Analytical Services for Resolution of Dredging Permit Issues June 12, 2007 Page 5 The City also evaluated sediment for renewal of RGP -54. During that process, similar responses were observed for the sediment test with E. estuarius, with reduced survival in the LA -3 Reference as well as in the test composites, with survival ranging from 8% to 75% in the test treatments and 65% in the LA -3 reference sediment. While there were COCs detected in the composites (primarily DDT and congeners, and mercury), concentrations were not well correlated with amphipod mortality. There was, however, a relationship between sediment grain size and survival. In particular, the Newport Bay sediment contains a high percentage of clay ( >30%), with much of the clay size class falling into the smallest size fraction ( <2.0 pm). Previous studies have indicated that E. estuarius, while generally considered tolerant of a wide range of sediment grain sizes, is not well suited to sediment with greater than 20% clay. Test sediments were reevaluated for amphipod toxicity using both E. estuarius and Ampefisca abdita. Ampefisca abdita is a sensitive amphipod that is an established species for toxicity testing. During the retest, E. estuarius responded quite similarly to the first tests, while the A. abdita survival ranged from 82% to 86 %. Based on these test results, as well as the lack of toxicity for other test species, the sediments were considered suitable for ocean disposal, under the provisions of the RGP -54 permit. Based on the findings of the RGP -54 survey, the City and USACE contracted Weston Solutions, Inc to conduct a Tier IV evaluation of the proposed Federal Channel project. The primary objective of this Tier IV evaluation of Federal Channel sediments was to determine whether the amphipod toxicity observed in previous investigations was due to sediment grain size. Sediment from the Federal Channels in Lower Newport Bay was previously evaluated for ocean disposal, however, failed to meet acceptability criteria for ocean disposal based upon the guidance provided by the Ocean Testing Manual. These failures resulted from biologically significant responses in the amphipod bioassay test using Eohaustorius estuarius. Although there were elevated levels of some COCs, they did not appear to be correlated with the toxicity observed in the amphipod test. • Based on this investigation, the sediment grain size distributions of Federal Channel sediments appear to be similar to those observed during the RGP -54 surveys, with sediment generally dominated by fine silts and clays. • As has been previously observed in Lower Newport Bay, DDT and mercury appear to be the dominant priority pollutant metals and pesticides present in Federal Channel sediments. • DDT and mercury do not appear to be linked to amphipod toxicity. • Based on amphipod toxicity tests with E. estuarius, Areas 2c and 3b would be acceptable for ocean disposal, relative to LA -3 Reference. • Based on A. abdita toxicity tests, Areas 1, 2, and 3 (including their respective subareas, would be acceptable for ocean disposal relative to LA -3 Reference. • Sediment grain size appears to be a factor in amphipod toxicity for Areas 2b and 3b, however, amphipod toxicity in Area 4 sediment may be due to other chemical or physical factors. 5 Analytical Services for Resolution of Dredging Permit Issues June 12, 2007 Page 6 Thus toxicity testing of sediments from the Federal Channels of Newport Bay has shown unacceptable amphipod survival in a number of areas within Lower Newport Bay. Dredging of sediment and its disposal at unconfined ocean disposal sites would not be permitted with this level of biological response (toxicity). Toxicity appears to be highly variable in space and time, as well as in magnitude. While some of the observed toxicity in Lower Newport Bay appears to be linked to very fine - grained clay much of the toxicity in sediment from the Federal Channels does not appear to be grain -size related. The following proposal presents an approach to address the possible role of Pyrethroids in amphipod toxicity in Lower Newport Bay. In response to the California Regional Water Quality Control Board, techniques for developing a watershed approach for managing Pyrethroids in Bay sediments are also examined. Phase l: Documenting the Cause of Toxicity The first step towards developing a management strategy for minimizing or removing the toxicity that has been observed in Newport Harbor sediments is determining the cause of toxicity. Chemical analysis of sediments has indicated that standard chemicals of concern are not linked to the observed toxicity in Lower Newport Bay. Only Mercury and DDT were observed at concentrations exceeding published effects ranges. Sediment grain size has been linked with amphipod toxicity at some locations within Lower Newport Bay; however, a recent sediment evaluation indicates that the high proportion of very fine clay is not the principle cause of toxicity for the majority of Federal Channel sediments. Based on surveys conducted by SCCWRP and the California Department of Pesticide Registration, the Pyrethroid, Bifenthrin, is present in the Newport Bay watershed at concentrations that have been shown to cause toxicity in benthic infauna. Spray application of Bifenthrin has been used episodically for red imported fire ant control in the Newport Bay watershed. Anderson et al (2006) conducted a series of sediment manipulations combined with toxicity tests that indicate a link between Pyrethroids and amphipod toxicity in Upper Newport Bay. Based on the presence of Bifenthrin in the Newport Bay watershed, the documented link between Pyrethroids and amphipod toxicity in Upper Newport Bay, as well as the episodic source into the watershed, it is reasonable to suspect that Pyrethroids may be linked to the toxicity observed in sediments from the Lower Newport Bay sediments. We propose to evaluate the potential link between Pyrethroids and amphipod toxicity in Federal Channel sediments using two techniques. Sediments will be chemically analyzed using a specialized extraction and analytical method that can measure Pyrethroids at effects based levels in sediment and pore- water. While there are literature values that infer effects -based concentrations of Pyrethroids, many of these studies have been performed as water -only exposures. Because Pyrethroids adsorb strongly to sediments, it can be misleading to use these values to infer a link between 6 Analytical Services for Resolution of Dredging Permit issues June 12, 2007 Page 7 observed Pyrethroid concentrations and amphipod toxicity. Therefore we propose to conduct a TIE evaluation that specifically targets pyrethroid toxicity. Phase II: Document the Source If Pyrethroids are linked to toxicity, we propose to conduct a review of Pyrethroid use in the Newport Beach watershed to identify possible sources. This task would involve assimilating data from a variety of sources including the City of Newport Beach, California Department of Pesticide Registration, as well as other small user groups (nurseries, golf courses). Phase Ill: Document the Transport and Fate Processes We would also propose to develop a Conceptual Site Model (CSM) to predict the transport and fate of Pyrethroids from land and surrounding waters to Newport Bay sediment. The objective of this portion of the Management Plan will be to determine the best method(s) to minimize the transport of active Pyrethroid toxicants into Newport Bay sediment; methods to intercept or treat water and sediment moving into the Bay and any other management methods that can minimize the influence of these materials on the organisms in Newport Bay or offshore organism after disposal. In order to determine whether there is a link between Pyrethroids and the toxicity observed during the City of Newport Beach Federal Channel Tier IV evaluation, we propose to conduct the TIE evaluation on sediment from the Area 4 composite from the Federal Channel investigation. This composite was selected because it had the greatest reduction in amphipod survival and because is represents a priority location for the City of Newport. The cost for the pyrethroid phase of the proposed study would be $54,200. The total cost to evaluate both the mercury and pyrethroid contamination phases would be $104,200. These studies will assist the City in obtaining permit authority to implement a more comprehensive dredging program in Newport Bay and thus providing safer harbor navigation. Environmental Review: The Amendment to the Professional Services Agreement is not a project subject to CEQA and does not require environmental review. The dredging project, when implemented, is Categorically Exempt 15304 — Class 4: Minor Alterations to Land: Section g exempts maintenance dredging where disposal is in an area authorized by state and federal regulatory agencies. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meetings at which the City Council considers the item). Budqet Amendment: These technical problems with mercury and bifenthrin were not anticipated at the time of budget preparation and contract negotiation therefore Harbor Resources is requesting the transfer of $104,200 from the unappropriated General Fund reserve to account 2731- C2370721. Analytical Services for Resolution of Dredging Permit Issues June 12, 2007 Page 8 Prepared by: Submitted by: Tom Rossmiller, Harbor Resources Da a iff, Assistant City Manager Manager Attachments: Amendment No. 1 to PSA Professional Services Agreement Previous Related Staff Report (March 8, 2005) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS INC. FOR ANYLITICAL SOLUTIONS FOR THE RENEWAL OF REGIONAL PERMIT 54 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY'), and Weston Solutions Inc. California environmental services corporation whose address is 2433 Impala Drive, Carlsbad, California, 92008 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On March 8, 2005, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for analytical services for the Renewal of Regional General Permit 54, hereinafter referred to as "PROJECT ". B. CITY and CONSULTANT have entered into no other separate AMENDMENTS of the AGREEMENT. C. CITY desires to enter into this AMENDMENT NO.1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to January 31, 2008. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO.1 ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 1, including all reimbursable items and subconsultant fees, shall not exceed One Hundred and Four Thousand Two Hundred Dollars and no /100 ($104,200) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to January 31, 2008. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: I: LaVonne Harkless, City Clerk Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: (Corporate Officer) Title: Print By: (Financial Officer) Title: Print Name: F:\ users\ cat\ shared \ContractTemplatesPublishedonl ntranet\FORMPSAAmendment.doc to Exhibit A Sampling and Analysis Plan for Evaluating Mercury in Lower Newport Bay Sediment In September 2006, the US Army Corps of Engineers, California Coastal Commission, US EPA (the Agencies), and City of Newport Beach Harbor Resources Division (the City) agreed to renew the Regional General Permit for the City of Newport Beach. Under this permit, the City can administer small dredging projects in support of dock and bulkhead maintenance. Sediment from these projects is permitted to be disposed of at the LA -3 offshore disposal site or to be used for beach replenishment project in Bay. However, two areas in Lower Newport Bay have been provisionally excluded from the RGP -54 permit due to mercury concentrations that exceeded the Median Effects Range (Long et al. 1995). Sediments that exceeded the ER -M guidance level were those collected from Stations 1 -1, 1 -2, and 1 -5 (Figure 1). As a result, the West Lido Channel and the nearshore area on Balboa Peninsula from 13`h Street to 17`h Street were provisionally excluded from the RGP -54, pending further investigation. The City of Newport Harbor Resources Division is conducting additional sampling and analysis to further define the nature and extent of Hg contamination in the West Lido Channel and Balboa Peninsula sediment. The purpose of this investigation is to refine the boundaries of the areas with elevated Hg concentrations and to better understand the concentration gradients from the original sample locations. Data from this investigation will be used to define the areas requiring additional biological evaluation. 0 Weston Solutions Port Gamble Environmental Laboratory 1 I\ This sampling and analysis program will include a field sampling and chemical analysis component. Methods and data quality objectives for this program will closely follow those used in the RGP -54 sediment evaluation and this SAP will serve as a supplement to the existing RGP -54 SAP (Weston Solutions 2005). FIELD SAMPLING Weston will conduct high resolution sampling in the immediate vicinity of each of the stations. A total of 80 samples will be collected in the vicinity of Stations 1 -1, 1 -2, and 1 -5 (Figures 2 through 4). Stations will be sampled in a gradual radiating pattern away from the original station. This will allow for a contour of Hg concentrations to be plotted around each station and will allow us to define a boundary of Hg concentrations exceeding the ER -M. This resolution will also assist in providing an indication of the location of a potential source. The original samples were collected at approximately 8' MLLW and were 2 to 3 ft. in length. Stations for this sampling effort will be one sample shoreward (approximately 6' MLLW), one at 8' MLLW, one sample seaward but before any slope to the main channel (approximately 12' MLLW), and one in the shoreward boundary of the main channel (approximately 15' MLLW; Figure 5). Samples will be 2 -3 ft. in length and will be collected using a piston corer. The piston corer is a 3" diameter Lexan® tube fitted with a rubber piston. The piston will be placed approximately 1 in. from the bottom of the core tube and attached to a fixed point on the stern of the sampling vessel. As the core tube is inserted into the sediment, the piston will be held in place, 1 in. above the sediment surface. The top of the core tube will be clamped to a steel head fitted with extension rods that allow collecting cores at a variety of water depths. As the corer is inserted into the sediment, the penetration depth will be noted on the extension tubes. Once the corer reaches project depth, the core will be retrieved to the boat, where the core will then be extruded into a sediment processing tray for characterization. Navigation All station locations will be pre - plotted and will be located using visual landmarks and depth. Station positions will be recorded using Global Positioning System (GPS) fitted with a WAAS antenna. Core Handling Each core will be photographed and characterized for general sediment characteristics (texture, odor, color, length, approximate grain size distribution, and any evident stratification of the sediment). Sediment from each station will be homogenized and placed into certified clean glass jars for analytical chemistry. An additional subsample will be collected for archive. Jars will be labeled (project name, date, sampler ID, analysis, and, logged into a field chain -of- custody (COC) form, and placed into a cooler at approximately 4 °C. Samples will be shipped in a cooler packed with ice overnight to the analytical lab. Weston Solutions 3 Port Gamble Environmental Laboratory la Ir i. -.1 fli V. "L Z9 zpj G. c V NIN jil:� 40 rah G 1,61 t 1 ,171. ®... NOV �1 tl11RL r±1t� '11i tiw ��� f i d�I - {�I •JJ r �l a7 >n zap 1 , s Z;Aps _11 g ril %,yr➢ 3 r, e 1 al iu OL Ptl Ali it E{ f - a i Y I : ,r• , i Y 7 � t Y L, 1 L rtv, 1 1 Ir Nil ITO 65� Ila IF, Owl F"I Fm w,_mmmwmlw • SD 10 Mtrwit" n' 14 IF, Owl CHEMICAL ANALYSIS Each sample will be analyzed for total mercury. Analytical Resources, Inc. of Tukwila, Washington will conduct all chemical analyses. Mercury analysis will be conducted using cold vapor atomic absorption (CVAA) using EPA 7471M (USEPA 1994). The target detection limit will be 0.05 mg/kg. The QA objectives for chemical analysis conducted by the ARI are detailed in their Laboratory QA Manual(s). These objectives for accuracy and precision involve all aspects of the testing process, including the following: • Methods and SOPS • Calibration methods and frequency • Data analysis, validation, and reporting • Internal QC • Preventive maintenance • Procedures to ensure data accuracy and completeness Results of all laboratory QC analyses will be reported with the final data. Any QC samples that fail to meet the specified QC criteria in the methodology or QAP will be identified, and the corresponding data will be appropriately qualified in the final report. All QA/QC records for the various testing programs will be kept on file for review by regulatory agency personnel. REPORTING At the completion of this phase, we will provide a report with observed mercury concentrations by location. Mercury concentration contours will be created using interpolation, which will then be used to define a boundary where sediment Hg concentrations exceed the ER -M. In collaboration with the City and the Agencies, stations that remain within the exclusion area will be identified for subsequent biological evaluation. SCHEDULE Field sampling will occur in October or early November 2006. A data report indicating the nature and extent of Hg in sediment will be completed approximately 3 weeks after the field sampling event. Weston Solutions Port Gamble Environmental Laboratory 7 IG REFERENCES Long, E. R., D. D. MacDonald, S. L. Smith, and F. D. Calder. 1995. Incidence of Adverse Biological Effects within Ranges of Chemical Concentrations in Marine and Estuarine Sediments. Environmental Management, Vol 19, No. 1, pp 81 -97. MBC (MBC Applied Environmental Sciences). 2000. Physical and Chemical Sediment Testing Associated with the Regional General Permit for Dredging in Newport Harbor. Prepared for Newport Beach Fire and Marine Department. Prepared by MBC Applied Environmental Sciences, Costa Mesa CA. MEC (MEC Analytical Systems). 2001. Results of Physical, Chemical, and Bioassay Testing of Sediments Collected From Newport Bay, CA. Report Prepared for City of Newport Beach, Division of Harbor Resources. Prepared by MEC Analytical Systems, Sequim, WA. MEC (MEC Analytical Systems). 2003. Results of Bioassay Testing of Sediments Collected From Bayside Village Marina, Newport Beach, CA. Report Prepared for De Anza Bayside Village Marina. Prepared by MEC Analytical Systems, Sequim, WA. USEPA. 1994. Method 7471A: Mercury in Solid or Semisolid Waste. U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, Washington, DC. 2001. SW -846 On -line Test Methods for Evaluating Solid Waste Physical /Chemical Methods. URL: < http:// www. epa. gov/ epaoswer /hazwaste/test/sw846.htm >. Office of Solid Waste. Weston Solution, Inc. (2005). Dredged Material Evaluation for the Renewal of Regional General Permit -54 Newport Beach, California Sampling and Analysis Plan. Submitted to the City of Newport Harbor Resources Division. by Weston Solutions, Port Gamble, WA. Weston Solutions Port Gamble Environmental Laboratory l� Pyrethroid Management Strategy Recent toxicity testing of sediments from the Federal Channels of Newport Bay has shown unacceptable amphipod survival in a number of areas within Lower Newport Bay. Dredging of sediment and its disposal at unconfined ocean disposal sites would not be permitted with this level of biological response (toxicity). Other testing efforts have also indicated amphipod toxicity at various locations in both Upper and Lower Newport Bay ( SCCWRP 2005, 2006; MEC 2001; Weston Solutions 2005). Toxicity appears to be highly variable in space and time, as well as in magnitude. While some of the observed toxicity in Lower Newport Bay appears to be linked to very fine - grained clay (Weston Solutions 2005), much of the toxicity in sediment from the Federal Channels does not appear to be grain -size related. Recent studies outside of Newport Bay ( SCCWRP 2005) and in Upper Newport Bay (Anderson et al. 2006) have implicated Pyrethroid pesticides at low concentrations (normally not measured in sediment) as a potential cause of amphipod toxicity. The following proposal presents an approach to address the possible role of Pyrethroids in amphipod toxicity in Lower Newport Bay. In addition, suggestions for a Bay -wide approach for managing Pyrethroids in Bay sediments are provided. Phase I. Documenting the Cause of Toxicity The first step towards developing a management strategy for minimizing or removing the toxicity that has been observed in Newport Harbor sediments is determining the cause of toxicity. Chemical analysis of sediments has indicated that standard chemicals of concern (COCs: metals, PAHs, PCBs, chlorinated pesticides, including DDT) are not likely to be linked to the observed toxicity in Lower Newport Bay. Only Hg and DDT were observed at concentrations exceeding published effects ranges; however, there was a poor relationship between the observed concentrations of Hg and DDT and toxicity, indicating that these COCs were not the principle cause of toxicity. Sediment grain size has been linked with amphipod toxicity at some locations within Lower Newport Bay; however, a recent sediment evaluation indicates that the high proportion of very fine clay is not the principle cause of toxicity for the majority of Federal Channel sediments. Based on surveys conducted by SCCWRP and the California Department of Pesticide Registration, the Pyrethroid, Bifenthrin, is present in the Newport Bay watershed at concentrations that have been shown to cause toxicity in benthic infauna. Spray application of Bifenthrin has been used episodically for red imported fire ant control (RIFA) in the Newport Bay watershed. Anderson et al (2006) conducted a series of sediment manipulations combined with toxicity tests [Toxicity Identification and Evaluation (TIE) studies) that indicate a causal link between Pyrethroids and amphipod toxicity in Upper Newport Bay. Based on the presence of Bifenthrin in the Newport Bay watershed, the documented link between Pyrethoids and amphipod toxicity in Upper Newport Bay, as well as the episodic source into the watershed, it is reasonable to suspect that Pyrethroids may be linked to the toxicity observed in sediments from the Lower Newport Bay sediments. 12 We propose to evaluate the potential causal link between Pyrethroids and amphipod toxicity in Federal Channel sediments using two techniques. Sediments will be chemically analyzed using a specialized extraction and analytical method that can measure Pyrethroids at effects based levels in sediment and pore -water (GC/MS in the NCI mode). While there are literature values that infer effects-based concentrations of Pyrethroids, many of these studies have been performed as water -only exposures. Because Pyrethroids adsorb strongly to sediments, it can be misleading to use these values to infer a causal link between observed Pyrethroid concentrations and amphipod toxicity. Therefore we propose to conduct a TIE evaluation that specifically targets pyrethroid toxicity. TIE studies are actually a series of laboratory manipulations designed to selectively alter the toxicity of a certain chemical or chemical groups that are combined with toxicity tests to identify the cause of toxicity. For sediments, it is generally recommended that TIE manipulations be performed on both whole sediment as well as interstitial pore water. Because we have information implicating Pyrethroids, we suggest conducting manipulations that target Pyrethroids. We would propose conducting four manipulations: ➢ Organic carbon: organic carbon is added to bind organic contaminants. If toxicity is associated with organics, toxicity would decrease. While not specific to Pyrethroids, this step effectively rules out toxicity associated with any metals or sediment grain size. ➢ Piperonyl butoxide (PBO): piperonyl butoxide additions alter toxicity for both Pyrethroids (increases toxicity) and organophosphorus pesticides (decreases toxicity). This step can not only implicates Pyrethroids, but also rule out organophosphorus pesticides. ➢ Temperature control: tests are conducted at three or four different temperatures. Pyrethroid toxicity increases with decreasing temperature; whereas, toxicity of other contaminants generally decreases. ➢ Carboxylase: carboxylase breaks down Pyrethroids, thereby decreasing Pyrethroid- related toxicity. This method is proven in pore water, but is more experimental in whole sediment. TIE studies also include a confirmation step, where the implicated COC is added back into the test media at concentrations measured in the original field - collected sample. If the implicated COC is indeed the cause of toxicity, a similar level of toxicity would be expected. Phase H. Document the Source If Pyrethoids are linked to toxicity, we propose to conduct a review of Pyrethroid use in the Newport Beach watershed to identify possible sources. This task would involve assimilating data from a variety of sources including the City of Newport Beach, California Department of Pesticide Registration, as well as other small user groups (nursuries, golf courses). I Phase III: Document the Transport and Fate Processes We would also propose to develop a Conceptual Site Model (CSM) to predict the transport and fate of Pyrethroids from land and surrounding waters to Newport Bay sediment. The objective of this portion of the Management Plan will be to determine the best method(s) to minimize the transport of active Pyrethroid toxicants into Newport Bay sediment; methods to intercept or treat water and sediment moving into the Bay and any other management methods that can minimize the influence of these materials on the organisms in Newport Bay or offshore organism after disposal. EX7 Specific Proposal for Phase I In order to determine whether there is a causal link between Pyrethroids and the toxicity observed during the City of Newport Beach Federal Channel Tier IV evaluation, we propose to conduct the TIE evaluation on sediment from the Area 4 composite from the Federal Channel investigation. This composite was selected because it had the greatest reduction in amphipod survival and because is represents a priority location for the City of Newport. Sediment Sampling: We would propose to sample sediment from the Federal Anchorage area within Lower Newport Bay. This would require collecting samples following methods used during the recent Federal Channel investigation. Briefly, cores will be collected at stations sampled from Area 4 (Stations 7, 8, 10, 11, 12, 29) using an electric vibracore equipped with pre - cleaned 4 -inch diameter aluminum tubing and a stainless steel cutter head/catcher assembly. If refusal is encountered, the vessel will be moved and a second core attempted. Sediment from each station will be homogenized, subsampled for archive, and combined with all other Area 4 samples. The Area 4 composite will be used for the TIE evaluation. Chemical Analysis: Sediment from the Area 4 composite will analyzed for sediment grain size, total organic carbon, and Pyrethroids. Pyrethroid analysis will be conducted by CRG Laboratories, in Torrence, CA. Samples will be extracted following methods outlined by Weston et al. (2006). Samples will be analyzed using gas chromatography with mass spectrometry in the negative chemical ionization mode (NCI). This is a method that has been specifically developed to detect pyrethoids in sediment at the sub- parts- per - billion level. TIE Testing: As a first step, toxicity in the Area 4 composite will be confirmed by conducting a standard 10 -d toxicity test with the amphipods Eohaustorius estuarius and Ampelisca abdita. Ampelisca abdita will only be tested with the whole, unmanipulated sediment to confirm that sediment grain size is not the cause of the observed toxicity. TIE testing will be conducted with both Area 4 Composite sediment, as well as pore water from the Area 4 composite. TIE procedures will follow methods outlined in Norburg -King et al. (2005), as well as more recent methods outlined in Weston Solutons (2006a, b), Anderson et al. (2006), SCCWRP (2006), and Weston et al. (2006). TIE manipulations The following manipulations will be performed on both sediment and pore water samples. The amphipod Eohaustorius estuaries will then be exposed to each treatment and exposed for 10 -days. Porewater will be collected by centrifuging whole sediment and decanting off the supernatant into glass container. Because some of the treatments adsorb strongly to plastic, only glass will be used in all phases of testing. �.1 Carbon Treatment Tests Coconut charcoal will be added to sediment or pore water at a concentration of 15% by weight to bind organic contaminants. If toxicity in the test sediment is caused by organic contaminants, toxicity would be expected to decrease. For sediment, the carbon will be added to overlying water, and then the sample will be stirred with a glass rod for 1 minute. Alternatively, the carbon may be mixed into sediment by gently rolling the sample, minimizing the disturbance to the sediment. For pore water samples, the carbon will be added and then gently stirred to mix in the carbon. Piperonyl Butoxide (PBO) Tests PBO tests are performed to identify whether the causative agents are organophosphate pesticides or pyrethroids. Specifically, PBO blocks specific cytochrome P450 enzymes that are involved in metabolizing chemicals such as organophosphates to more toxic metabolites and chemicals such as pyrethroids to less toxic metabolites. Thus, if results from this test demonstrate increased toxicity in the stormwater sample, this is indicative of chemicals (e.g. pyrethroids) that are metabolized to less toxic forms by cytochrome P450 enzymes. In contrast, if the results demonstrate decreased toxicity in the stormwater samples, this is indicative of chemicals (e.g. malathion, organophosphates) that are metabolized to more toxic forms by cytochrome P450 enzymes. Three concentrations of PBO tests will be used during each TIE and will be determined prior to testing. A stock solution of 2.5 mg PBO /L will be prepared in deionized water. For whole sediment tests, PBO will be added to the overlying water prior to testing. For pore water, PBO treatments will be prepared by adding the PBO stock solution to seawater to target the final test concentrations. Temperature Tests Recent TIE studies have indicated that decreasing temperature increases Pyrethroid toxicity. This is in contrast to other organic contaminants for which toxicity decreases with decreasing temperature. Standard 10 -d acute amphipod tests will be conducted at four test temperatures (I PC, 13 °C, 15 °, 17 °C). Carboxyl Esterase Tests Carboxyl esterase treatments are performed to remove toxicity in samples that may contain pyrethroids. Carboxyl esterase is an enzyme that degrades type I and type H pyrethroids. Thus, recent studies have been performed in which carboxyl esterase has been used to reduce pyrethroid - associated toxicity to test organisms such as H. azteca (Wheelock et al., 2004). In this method, the protein Bovine Serum Albumin (BSA) is used as a control for the esterase. Specifically, if toxicity is reduced in both the BSA treatment and the carboxyl esterase treatment, this indicates that both BSA and esterase are adsorbing the chemicals in the water samples. In contrast, if toxicity is only reduced in the carboxyl esterase treatment, this indicates that the chemicals in the water sample have been enzymatically altered by the carboxyl esterase, and that these chemicals may be pyrethroids due to the affinity of carboxyl esterase for these compounds. For sediment treatments, a standard, 10 -d acute toxicity test will be performed with the amphipod, Eohaustorius estuarius. The tests will be conducted in accordance with procedures described in ASTM Standard E1367 -99 (ASTM 2003c). Each sediment manipulation will be run with five replicates. Control sediment will be sediment from the area where the organisms were collected (i.e. native sediment) will also be tested with round of tests. In addition, for the carbon, PBO, carboxyl esterase tests, control sediment will be spiked with similar concentrations of each respective treatment to evaluate the potential effect of the TIE manipulation alone. Test organisms will be exposed to the sediment for ten days in 1 -liter glass test chambers. Two centimeters of sediment (approximately 150 mL) will be placed into each chamber with 800 mL of overlying water. Initial stocking densities in each replicate will be 20 organisms per test chamber. Trickle -flow aeration will be provided through glass or plastic pipettes, in such a way as to avoid disturbing the sediment surface. Water quality measurements will be taken in one chamber from each test treatment daily and will include pH, salinity, temperature, and dissolved oxygen. At test termination, the sediments from each chamber will be carefully sieved to remove the test organisms and then survivorship will be assessed. To evaluate the relative sensitivity of the organisms, reference toxicity tests will be performed using standard reference toxicants (Lee 1980). For pore -water exposures, a 10 -d liquid -phase test will be performed following a modified testing protocol (Weston Solutions 2006). Tests will be conducted with either 15 -ml, test volume in a 20 -ml, glass scintillation vial or 150 mL volume in a 250 glass beaker. This will be determined by the extractable volume of pore water available. If the test is conducted in 15 -ml, test volume, one animal will be placed in each replicate and the test will be conducted with 10 replicates. If the test is conducted in 150 -mL test volume, ten amphipods will be placed in each replicate and the test will be conducted with five replicates. Amphipods will be fed prior to testing to prevent starvation and test will be conducted in the dark to prevent "burial' behaviors during the test. At the end of the 10 -day exposure, survivorship will be assessed. All test results and ancillary data will be entered into an Excel spreadsheet. Comparisons will be made between the test treatments and untreated sediment. The final report will include the signed chain -of- custody forms, condition of samples upon receipt, a summary of methods used and any deviations from the protocols, all raw data, mean toxicity data, mean control response, reference - toxicant response, and a summary of water quality data. Both electronic (Microsoft Excel) and hardcopy versions of the report will be provided.\ Meeting with SCCWRP: As a first step in this process, Weston will coordinate a meeting with the Southern California Coastal Water Resources Program ( SCCWRP) to discuss sediment toxicity in Newport Bay. Amphipod toxicity observed in Newport Bay sediment during these surveys was greater than that observed during the dredged- material programs. We will meet with SCCWRP scientists to discuss the reasons for these differences and implications of their findings to the City of Newport Beach. �3 Cost Proposal This section outlines the estimated costs for conducting the TIE study described in the section above. Summary of Proposed Cost Summary by Task Task Name and Number Cost for Task 1. Sediment Sampling and Sample Processing (if combined with Hg study) $4,500 2. Chemical Analysis of baseline samples $3,000 3. TIE Testing $28,000 4. Data Entry/Data Analysis, Reporting, Management $14,700 5. Pretest meeting with SCCWRP to discuss toxicity in Newport Bay; review of Bight data $4,000 The total cost for this program would be $54,200. References Anderson, BS, B Phillips, J Hunt, S Clark, J Voorhees, R Tjeerdema, J Casteline, and M. Stewart. 2006. Evidence of sediment toxicity due to pyrethoid pesticides at two marine sites in southern California. Presentation at 27`h Annual Meeting of the Society of Environmental Toxicology and Chemistry, Montreal, Canada. MEC. 2003. SCCWRP. 2005. Sediment Toxicity Identification Evaluation for the Mouths of Chollas and Paleta Creek, San Diego. Technical Report prepared by the Southern California Coastal Water Research Project, Westminster, CA. Weston, D, RW Holmes, J You, and MJ Lydy. 2005. Aquatic Toxicity Due to Residential Use of Pyrethroid Insecticides. Env. Sci. Tech. 39: 9778 -9784. Weston Solutions. 2006. Toxicity Identification Evaluation (TIE) of County of San Diego and Co- permittees Cholas Creek Stormwater Sample. Prepared for County of San Diego and Copermittees. Prepared by Weston Solutions, Carlsbad, CA. Weston Solutions. 2006, in prep. Supplemental Sampling and Tier III and IV Analysis for the Los Angeles River Estuary (LARE). zy Weston Solutions. 2005. Wheelock, CE, JL Miller, MJ Miller, BM Phillips, SA Huntley, SJ Gee, RS Tjeerdema, BD Hammock. 2006. Use of Carboxylesterase Activity to Remove Pyrethroid- Associated Toxicity to Ceriodaphnia dubia and Hyalella azteca in Toxicity Identification Evaluations. -�-5 City of Newport Beach BUDGET AMENDMENT 2006 -07 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 07BA -079 AMOUNT: $104,200.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations to approve amendment no.1 to the professional services agreement with Weston Solutions Inc. to provide analytical services for resolution of dredging permit issues. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description 9230 6000 NO Tide & Submerged Land - Transfers In EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $104,200.00 $104,200.00 Automatic $104,200.00 $104,200.00 Date Date Date Description Division Number 9010 ND General Fund Account Number 9900 Transfers Out Division Number 7231 Tidelands - Capital Account Number C2370721 Maintenance Dredging Permit Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $104,200.00 $104,200.00 Automatic $104,200.00 $104,200.00 Date Date Date