California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 7 - Special Rules › Article 2 - Other Special Rules › Section 10713.5 - In-Bay Dredged Material Disposal Sites

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in the San Francisco Bay Plan and in these
					 regulations, the designated in-Bay dredged material disposal sites are as
					 follows. These designations do not preclude the need for a Commission permit to
					 dispose of dredged material at the sites or substitute for the findings that
					 may be required by the McAteer-Petris Act (Cal. Government Code Section
					 66600 et
					 seq.) and the San Francisco Bay Plan.
(a) Alcatraz Disposal Site, consisting of a
				  circular area of radius 1,000 feet with center located at latitude 37° 49'
				  17" N; longitude 122° 25' 23" W;
(b) San Pablo Bay Disposal Site, consisting
				  of a rectangular area, 1,500 feet by 3,000 feet, with the long axis bearing 050
				  true, and center at latitude 38° 00' 28" N; longitude 122° 24' 55"
				  W;
(c) Carquinez Strait Disposal
				  Site, consisting of a rectangular area, 1,000 feet by 2,000 feet, long axis
				  bearing 050 true, and center at latitude 38° 03' 50" N; longitude 122°
				  15' 55" W; and
(d) Suisun Bay
				  Channel Disposal Site, consisting of a rectangular area, 500 feet by 11,200
				  feet situated parallel to the Suisun Bay Channel, and center at latitude
				  38° 03' 15" N; longitude 122° 05' 06" W.
(e) Middle Harbor at the Port of Oakland:
(1) For a project ("the project") that
				  satisfies the following criteria:
(A) the
				  purpose of the project is to enhance in-Bay habitat for plants, fish and
				  wildlife;
(B) the project includes
				  a one-time placement of dredged material, in the amount of approximately 5.8
				  million cubic yards, taken from the Oakland Harbor Navigation Improvement (-50
				  Foot) Project to create shallow water habitat;
(C) the project would be undertaken as
				  specified in a plan ("the Plan") that is prepared by the U.S. Army Corps of
				  Engineers and the Port of Oakland and approved by the Commission;
(D) the Plan specifies the following
				  elements:
(i) the restoration and enhancement
				  performance criteria for the project including the creation of eelgrass and
				  other shallow water habitat;
(ii)
				  the design required to restore or enhance-fish and wildlife habitat;
(iii) the monitoring, adaptive management,
				  and corrective actions that will be employed to ensure that the Plan's
				  performance criteria are achieved;
(iv) the periods of time needed to achieve
				  the performance criteria, to monitor, and to employ adaptive management and
				  corrective actions if needed;
(v)
				  the duties of the U. S. Army Corps of Engineers in implementing the
				  Plan;
(vi) the duties of the Port of
				  Oakland once it takes over responsibility for the project from the U. S. Army
				  Corps of Engineers;
(vii) the
				  management agency with wildlife management experience that will manage the
				  Middle Harbor enhancement area once the project has been successfully
				  completed;
(viii) the management
				  agency's duties as manager of the enhancement area;
(ix) the method to determine the success or
				  failure of the project through a performance criteria evaluation period;
				  and
(x) the process to determine the
				  actions to be employed if the project fails to achieve the Plan's performance
				  criteria within the specified time frames;
(E) the manner of implementing the Plan has
				  been demonstrated to have a high likelihood of success in achieving the Plan's
				  performance criteria within the specified time frames;
(F) the Port of Oakland makes a legally
				  binding commitment to secure two permits from the Commission to fulfill its
				  responsibilities as specified in the Plan:
(i) at the time it assumes responsibility for
				  the project from the U. S. Army Corps of Engineers at the commencement of the
				  Plan's performance evaluation period; and
(ii) at the conclusion of the Plan's
				  performance evaluation period;
(G) the Port of Oakland provides the
				  necessary legal and financial instruments to support its responsibilities as
				  specified in the Plan; and
(H) the
				  Project sponsors make a legally binding commitment to take action, as required
				  by the Plan, if the project fails to achieve the Plan's performance criteria
				  within the specified time frames; and