Instructions for Preparing the Consolidated Dredging Dredged Material Reuse/Disposal Application

Instructions for Preparing the Consolidated Dredging-Dredged Material Reuse/Disposal Application

An inter-agency Dredge Material Management Office (DMMO) has been established to simplify the dredging approval process in the San Francisco Bay region. The Consolidated Dredging- Dredge Material Reuse/Disposal Application is part of this process and is the only application that you need to complete for most proposed dredging projects in the San Francisco Bay area. The application is accepted for 1) a Section 404 or Section 10 dredging authorization by the San Francisco District of the U.S. Army Corps of Engineers (USACE) 2) an administrative dredging permit from the San Francisco Bay Conservation and Development Commission (BCDC) 3) the application shall serve as, and be functionally equivalent to, a San Francisco Regional Water Quality Control Board (RWQCB) water quality certification or waste discharge requirements 4) a dredging project lease from the California State Lands Commission (SLC).

These instructions are intended to assist you in the preparation of the “Consolidated Dredging- Dredged Material Reuse/Disposal Application” form. The application form is divided into four sections

  • Section I covers the general information that is needed for all applications,
  • Section II covers the specific details of the proposed dredging project,
  • Section III covers the proposed dredge material disposal site, and
  • Section IV covers other required information.

These instructions also provide guidance on the types and format of drawings and other information that must accompany the completed application.

SECTION I – GENERAL INFORMATION

Box 1. Applicant Information

Enter the name of the responsible party or parties. If more than one party is associated with the application, attach a sheet marked Box 1 that provides the same information for co-applicants.

If the applicant is a partnership, corporation, government agency or other association, evidence must be provided to ensure that the person who signs the application is empowered to represent and make commitments on behalf of the organization submitting the application. To accomplish this, such applications must include either a 1) resolution authorizing the person who signs the application to represent and bind the applicant or 2) bylaws that establish that the person who signs the application holds a position that is empowered to act on behalf of the legal entity.

Corporate resolutions must be from the corporation's board of directors. Public agency

resolutions must be from the city council, board of supervisors or similar highest policy body, which governs the organization. Space is provided to describe the nature of the empowerment if necessary.

Box 2. Representative Information

Sometimes an applicant, owner, or co-applicant is represented by another person who handles the details of securing the required approvals for the project. If this is the case, indicate the name of the individual or agency, designated to be the representative for the project. An agent can be an attorney, builder, contractor, consultant or any other person or organization. Note: An agent is not required. If the applicant, owner, or co- applicant is represented by someone else, the applicant must complete and sign the authorization portion of Box 2. If a representative is authorized, indicate who should receive correspondence regarding the application.

SECTION II – PROJECT INFORMATION

Box 3. Dredging Project

All applicants must complete this section.

Project Name and Title - Provide name identifying the proposed project.Type of Dredging Project - Place a check in all the boxes that apply indicating whether the project is maintenance dredging or a new work dredging project, whether the project is a single episode or multi-episode (year) project, and whether the project involves any knockdown work [Note: New work projects involving over 100,000 cubic yards in five years or any disposal project requesting authorization for more than a five year time period, cannot be processed administratively by BCDC and should not be applied for using this consolidated form. A standard BCDC application is required.]

Project Description - Briefly describe the overall activity or project. If additional 0ospace is needed, use a continuation sheet marked Box 4.

Project Need and/or Purpose - Provide a brief description of the major purposes that the project will serve or the needs that will be met through accomplishment of the project (e.g. deepening a navigational channel, extracting sand, constructing a marina, etc.). If additional space is needed, use a continuation sheet marked Box 4.

Date work is proposed to begin and be completed - Based on an estimate of how long it will take to get all the necessary approvals, financing, and other preliminary work, indicate the month and year when the work to be authorized is proposed to begin. In addition, based on a realistic construction schedule, indicate the month and year when the work is expected to be completed. Alternatively, indicate the total length of time desired for the proposed permit [Note: Contact the agencies individually (see page 8) to discuss length-of-permit issues.]

Estimated total project cost - Provide an estimate of the cost of the complete dredging and disposal project being proposed.

Project Location - Provide the name of the county where the dredging project is located and the city nearest the project. Provide the latitude(s) and longitude(s) of the dredging site and identify the waterway in which it is located (e.g. San Pablo Bay, Petaluma River, etc.).

Type of dredging equipment - Describe the type of equipment to be used to accomplish the dredging (e.g. clamshell, hydraulic, barge size, etc.).

If the project will involve the construction of temporary or permanent structures or utilize other than normal dredging equipment, indicate and describe.

Project depth information - Provide the existing and proposed design depths, the proposed over/depth tolerance, and proposed total depth of dredging for the project in terms of Mean Lower Low Water (MLLW) datum.

Total volume - Provide an estimate of the total volume of material to be dredged and/or knocked down in cubic yards.

Area of dredging site - Provide an estimate of the total acreage of the dredging footprint.

Type of substrate - Check all appropriate boxes to indicate whether subtidal bottom (normal San Francisco Bay bottom), intertidal bottom (mudflats, etc.) or wetlands are being dredged and provide a brief description of any other types of substrate (bottom) areas being dredged.

Suisun Marsh - If the dredging site is located within the Suisun Marsh protection zone, check the appropriate box and be sure to complete Box 7 of the application. If you are unsure, contact BCDC.

Previous authorizations - Provide the identification number of any previous authorizations for this dredging activity and the issuing agency. It is often possible to amend an existing permit rather than process a new application and it is helpful to agency analysts to refer to previous permits.

SECTION III – DISPOSAL SITE INFORMATION

Box 4. Directions

All questions in this section must be completed by the applicant. The purpose of this box is to serve as a guide that determines what disposal site elements of the application form must be completed for your project. Each of the three questions needs a "Yes" of "No" answer. There may be "Yes" answers to more than one of the questions. If a question is answered "Yes", be sure to fill out the box that is related to that question. If a question is answered "No", the box shown as related to that question may be skipped.

Box 5. Aquatic Disposal

Only four sites are currently authorized for unconfined aquatic disposal in the San Francisco Bay region: SF-9 (Carquinez Strait); SF-10 (San Pablo Bay); SF-11 (Alcatraz) and SF-DODS (Deep Ocean Disposal Site). If one of these disposal sites is proposed for the project, check the appropriate box. [Note: Any dredging project that proposes a change in a previously authorized material disposal environment must submit a complete DMMO application prior to SAP approval.] If you are uncertain about the location or limitations on the use of any of these sites, contact the DMMO. If the project proposes any form of aquatic disposal other than the use of these designated sites, provide a complete description of the proposed site and method of disposal; use a continuation sheet marked Box 6 if necessary. [Note: It is likely that separate authorization will be necessary to use such sites and therefore individual applications to the regulatory agencies for such authorization will be required.]

In order for projects proposing the discharge of dredged material to waters of the U.S. to be approved under Section 404 of the Clean Water Act, it must be shown that there is no practicable alternative to the proposed discharge that would have less impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences.

Therefore, applicants for dredging and disposal permits must submit a written Alternatives Analysis for the proposed project. If you have submitted either a Small Dredgers Programmatic Alternatives Analysis (SDPAA) agreement form or an Integrated Alternatives Analysis, check the appropriate box. If you are considering multiple disposal sites for your project or if you have not yet determined a site, provide additional comment in box 12.

Box 6. Proposed Upland or Wetland Reuse/Disposal Site Information

This box is to be completed if the disposal of dredged material is proposed for either non-aquatic disposal or beneficial reuse.

Site Name - Provide the name of the proposed reuse/disposal site.

Site Description - Provide a brief description of the existing condition of the proposed reuse/disposal site, including the present elevations, current vegetation, existing structures and use of the site. If additional space is needed, use a continuation sheet marked Box 6.

Site Address - Provide the most accurate address possible for the reuse/disposal site including a street address if one exists. Provide latitude(s) and longitude(s) for the site and the current zoning designation. If the zoning is not known, it can usually be obtained from the county or city planning office.

Site Owner - Provide the name, address and phone number of the owner of the property on which the proposed reuse/disposal site is located.

Jurisdictional Wetlands - Indicate by marking the appropriate box, whether there are wetlands on the site and whether a jurisdictional delineation has been completed by the USACE. If a jurisdictional delineation has been done, provide the relevant USACE file number. If the reuse/ disposal is proposed at an approved wetlands project site, give the name and authorization number of the site. [Note: Separate authorization involving individual applications to the regulatory agencies will be required for the dredging project if the wetland reuse/disposal site is not already authorized.]

Existing disposal site - Indicate if the proposed reuse/disposal site is an existing, established site that is currently permitted to receive dredged material.

Site last used - If the proposed reuse/disposal site has been used previously for the placement of dredged material, please give the year of the most recent reuse/disposal episode.

Disposal site income - If income will be produced from the use or sale of dredged material, indicate and provide an estimate of actual or projected annual income. If the annual income is projected, show the basis of that projection (e.g. per cubic yard, etc.).

Anticipated volume - Provide an estimate of the total in place volume of the dredged material to be placed at the reuse/disposal site by the proposed project. Indicate the volume of material to go upland and/or to a wetland if applicable.

Type of disposal equipment - Describe the type of equipment to be used to accomplish the reuse/disposal. If the project will involve the construction of temporary or permanent structures (e.g. levees) or utilize other than normal disposal equipment, check the appropriate box and briefly describe.

Public access/recreational facilities - Check if the reuse/disposal project will affect existing public access or public recreational facilities. If yes, describe how the project proposes to mitigate those impacts.

Box 7. Suisun Marsh Development Information

Several items are unique to dredging activities that occur with the Suisun Marsh Protection Zone. In this box, provide the requested information on local marsh development permits and duck club numbers. Be sure to check "None" if it applies. If your project occurs in the Suisun Marsh area and you are unsure whether it is consistent with the individual management plan for the property, you are advised to consult with BCDC. Also, be sure to check with the USACE if you are unsure whether your project is consistent with their regional general permit for Suisun Marsh.

SECTION IV – OTHER REQUIRED INFORMATION

Box 8. Environmental Approvals

The California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) require that the environmental impacts of a proposed project be addressed before the project can be authorized. The purpose of this box is to learn the status of the required environmental approvals. [Note: (1) A copy of the project's environmental documentation should be included with the application submittal; (2) an application may not be filed as complete until environmental compliance is assured.]

  1. EIR or EIS - If an Environmental Impact Report (EIR - CEQA) or an Environmental Impact Statement (EIS - NEPA) related to dredging in this location has ever been prepared, indicate on the form.

  2. Categorically Exempt - Normally maintenance dredging is found to be categorically exempt from CEQA requirements. If the project is for maintenance dredging and is known to be covered by the exemption, check "Yes" in the appropriate location on the form and attach documentation from the lead agency.

  3. Environmental Assessment (EA) - If the site has been dredged previously and a NEPA EA prepared, indicate on the form and provide a copy.

  4. EIR/EIS Preparation - If no environmental document has been completed but it is known that an EIR or an EIS will be prepared to respond to CEQA, note by checking "Yes" and providing the information requested in question (f) of Box 8.

  5. Negative Declaration - In some instances a Negative Declaration or a finding of no significant impacts is sufficient to respond to CEQA. If a Negative Declaration has been prepared for the proposed project, check "Yes" and include a copy. If one is under preparation, complete question (f) in Box 8.

  6. Preparer - Generally, a local government is the "lead agency" under CEQA and completes the environmental requirements for projects under its jurisdiction. If CEQA environmental documents are under preparation, indicate 1) the entity that is preparing them and 2) provide an estimated date of completion.

  7. Copies - As noted above, provide copies of the project's environmental documentation.

Box 9. Other Approvals

Other state and local approvals may be required for a dredging project. Provide verification of contact with other agencies to determine if other approvals are (are not) required.

CA Department of Fish and Game - The California Department of Fish and Game (DFG), under the Fish and Game Code, Sections 1601 and 1603, regulates changes made to the bed, channel or banks of streams or rivers. Dredging proposals within the greater San Francisco Bay area that occur on the periphery of the tidally-influenced Bay, but which also are within well defined rivers and streams, are subject to these mutual agreements (commonly called Streambed Alteration Agreements) between DFG and the project applicant. The jurisdictional boundaries for areas needing such agreements are defined by DFG. List the number, date of application, and date of approval for any DFG Section 1601 or 1603 Approvals that pertain to your project. If you are unsure if your project is subject to the need for a 1601 or 1603 agreement, you are advised to consult with DFG to determine if the project and/or disposal site falls within their jurisdiction.

Local Government Approvals - If local approvals are required, they should be listed on the form. Indicate the name of the approving agency and the type of discretionary approval that is required. Also, provide the date of approval and a local contact person and phone number. Note that some state agencies require the issuance of all required local approvals prior to initiating action on permit applications. Early consultation with local agencies is recommended.

Box 10. Disclosure of Campaign Contributions

Any campaign contributions in excess of $250 to officials (including commission members) of the regulatory agencies using this consolidated form must be disclosed. List the names of any individuals to whom contributions have been made as well as the amounts and dates of these contributions. If no contributions have been made, indicate by checking the box.

Box 11. Adjoining Property Owners

List complete names and full mailing addresses of the adjacent property owners (public and private), lessees, etc., whose property adjoins the dredging and disposal sites so that they may be notified of the proposed activity (usually by public notice). [Note: Adjoining owner information is not required for the designated disposal sites.] If additional space is needed, use a continuation sheet marked Box11.

Box 12. Remarks

Provide any comments or other miscellaneous information that may be important for the DMMO agencies to consider in their evaluation of the proposed project.

Box 13. Checklist of Additional Information to be Submitted

This box identifies other information that is required before your dredging application can be accepted as complete and processing of the application can be initiated. Indicate by checking in the appropriate box if each item is either complete and attached to the application package or not applicable. If the material is not complete please indicate the expected submission date. [Note: See directions for Drawings, Submittals, Application and Processing Fees at the end of these instructions.]

Sampling & Analysis Plan (SAP) - You are required to develop a biological or chemical testing plan in accordance with the protocol in the USACE and Environmental Protection Agency (EPA) publication “Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. – Testing Manual; Inland Testing Manual” (Inland Testing Manual or ITM) (February 1998) or appropriate ocean testing protocol. You should initiate consultation with the DMMO as early as possible in the planning of your dredging project to develop an acceptable sampling and analysis plan. A hydrographic survey of the dredging site, conducted within the preceding 90 days is necessary to initiate the development of the SAP. The area to be dredged must be clearly delineated on the survey.

Testing Data - When the sampling conducted in accordance with the SAP is complete, preparation and submission of the testing data is required for your consolidated dredging permit application package to be accepted as complete. To be considered valid, the testing of a proposed dredge site must have occurred within one year of the date of submittal of the application.

Calculations - Provide one copy of the computations used for the determination of the quantities to be dredged.

Organizational Documentation - See instructions for Box 1. Environmental Documentation - See instructions for Box 8. Drawings and Maps - See special instructions (below).

Proof of Legal Interest - It is necessary for the applicant or the land owner to have adequate legal interest in the underlying property to carry out the project and comply with any conditions that may be part of approval. This legal interest must be either through fee interest, an easement, a leasehold, an option or eminent domain. Proof of legal interest is needed for the dredging site and disposal sites, if disposal is proposed at other than the designated aquatic sites. To demonstrate legal interest, it is necessary to submit a property map and a recently issued title report or grant deed, including a metes and bounds description, or other information of similar accuracy and reliability to show that the applicant holds legal interest in the project site.

Statement of Consistency - Please provide a brief explanation of your project’s consistency with the policies regarding dredging and disposal in the San Francisco Bay Area. To do this, describe if upland disposal alternatives were considered and if aquatic disposal is proposed and explain how the project relates to limiting disposal site quantities and timing for aquatic resource protection. Also, use this opportunity to explain how your project complies with the BCDC Bay Plan.

BCDC Posting Certification - Once this DMMO application has been submitted, a BCDC Posting Notice form will be mailed to you. The applicant must sign and place the "Notice Permit of Application" in a prominent location at or near the project site so that it will be visible to members of the public. The applicant must then complete and sign the attached "Certification of Posting of Notice" form and return it directly to BCDC at the address shown.

SDPAA or IAA – See instructions for Box 5.

Fees – Indicate the expected submission date for each of the applicable agency fees. See special instructions (below).

Box 14. Certification of Accuracy of Information

This box which certifies the accuracy of the information provided in the application form, must be signed by every applicant or their representatives who have been legally authorized to act on behalf of the applicant. The signature shall be an affirmation that the party applying for the permit possesses the requisite property rights to undertake the activity applied for (including compliance with special conditions, mitigation, etc.).

SPECIAL INSTRUCTIONS FOR DRAWINGS AND SUBMITTALS

Drawings and Maps - General instructions are provided for the drawings and maps to support a dredging permit application. Additional detail regarding this subject can be found in the Application Information Booklet (EP 1145-2-1) available from the Corps of Engineers and the General Application Instructions available from the San Francisco Bay Planning and Development Commission.

Three types of illustration are needed to properly depict the work to be undertaken. These illustrations or drawings are identified as a Vicinity Map, a Plan View and a Typical Cross Section. Identify each illustration with a figure number.

Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view or cross-section). Each illustration should also have at least a one-half inch margin on each side, a north arrow, vertical and horizontal scales shown, datum given and be dated.

Both the area to be dredged and the disposal area should be identified and shown on the illustrations. The illustrations should also show testing locations, depths of dredging, and the locations of any adjacent structures (piers, wharves, etc.).

All illustrations should be legible and on good quality 8 ½ X 11 inch plain white paper (tracing paper or film may be substituted). Use the fewest number of sheets necessary for your drawings or illustrations. [Note: While illustrations need not be professional, they should be clear, accurate and contain all necessary information.]

Submittal - If desired, one copy of the completed application form, drawings and testing data may be submitted directly to each of the DMMO participating agencies whose contact names and addresses are provided in these instructions (all other checklist documents are only required to be submitted to BCDC and the Corps) or alternately, six copies of the completed application form, drawings and testing data (and two copies of the supplemental documents) may be submitted to the attention of the Regulatory Dredging Project Manager, Regulatory Branch, San Francisco District, Army Corps of Engineers, 1455 Market Street, San Francisco, CA 94103.