ML072680184

State of New Jersey Permit No. 1512-93-0052.3, .4, and .5, Permit to Dredge

ML072680184
Person / Time
Site:	Oyster Creek
Issue date:	02/04/1997
From:	Fasano H State of NJ, Dept of Environmental Protection
To:	GPU Nuclear, Office of Nuclear Reactor Regulation
References
1512-93-0052.3, 1512-93-0052.4, 1512-93-0052.5, 2130-07-20506, TAC MC7624
Download: ML072680184 (7)

Text

o. 1 STATE OF NEW JERSEY OF ENVIRONMENTAL PROTECTION 3-(See Issuing Division below) ..

PERMIT*

The New Jersey Department of Environmental Protection grants this permit in accordance with your application, attachments accompanying same application, and applicable laws and regulations. This permit is also subject to the further conditions and stipulations enumerated in the supporting documents which are agreed to by the permittee upon acceptance of the permit.

Permit No. Application No.

1512-93-0052.3 .4 &.5 1512-93-0052.3 .4, &.5

• " FES 0 4 Ir Issuance Date Effective DateýF ll. tM, Expiration Date ..FEB 0 4W Name and Address of Applicant Nam a!nd-Address of Owner Name and Address of Operator GPU Nuclear, Inc.

One Upper. Pond Road Same as applicant Parsippany, NJ 07054 Location of Activity/Facility (Street Address) Issuing Division Statute(s)

Forked River & Oyster Cr ek Lacey Township, L.U.R.P. NJSA 12:5-3 Ocean County NJSA 58:10A-1 Lot 13,14,15*I*,20 100 NJSA 13:9B-1 Type of Permit Waterfront Development Maximum Approved Capacity, Water OQulity C:I tifi rin if applicable This pemtit grants permission to: Freshwater Wetland General Permit No. 1 & 2 Special Activity Transition Area Waivers For General Permits No. 1 & 2 Dredge approximately 85,485 cubic yards of sediments by hydraulic method from the Forked River, with placement in the existing upland confined disposal facility located on Block 100, Lot 20, Lacey Township. The activity will include the repair of an existing disposal site weir-box. The dredging work is shown on plans in 5 sheets entitled, "Oyster Creek/Forked River, 1997 Dredging Project, Lacey Township, Ocean County, New Jersey", prepared by Eugene E.

O'Connell, dated August 30, 1996. The authorized activity involves the temporary disturbance of 0.124 of an acre of wetland and .069 of an acre of associated transition area for a temporary pipe crossing for the transport of material from Forked River to the disposal site and for transport from the disposal site to Oyster.

Creek. This may include the temporary use of wooden bents to support the pipeline above the wetlands. Also, filling of 2.7 acres of isolated, ordinary resource value, wetlands that have developed within the confines of the bermed disposal site. These activities are on plans in 4 sheets entitled, "'Plan Of Topography And Wetlands Delineation of Part Of. Lots 13,14,15,16, & 20, Block 100, For G.P.U. Nuclear Corp., Lacey Township, Ocean County, New Jersey", prepared by James C. Anderson Associates, Inc., dated April 18, 1996 w1i h sheet I revised to June 3, 1996, Prepared by: O, & -

Helen A. Fasano, Project Manager page 1 of 6 Revised Date Approved by the Department of Environmental Pmtection Name (Print or Type) Title Signatur e Date

• The word pernmt means "approval,certification,registration,etc." (General Conditions are on the Reverse Side)

DEP-007 (1195)

)B54.4 9 - 0 396 RECMAR/03/1997 11:58AM 013077 M DEAN HAINES OCEANCOUNTYCLERK 32.00

This permit is subject to the following general conditions:

1. This permit is revocable, or subject to modification or change at any time, pursuant to the applicable regulations, when in the judgement of the Department of Environmental Protection of the State of New Jersey such revocation, moditication or change shall be necessary.

2. The issuance of this permit shall not be deemed to affect in any way action by the Department of Environmental Protection of the State of New Jersey on any future application.

3. The works, facilities, and/or activities shown by plans and/or other engineering data, which are this day

-- approved, subject to the conditions herewith established, shall be constructed and/or executed in conformity with such plans and/or engineering data and the said conditions.

4. No change in plans or specifications shall be made except with the prior written permission of the Department of Environmental Protection of the State of New Jersey.

5. The granting of this permit shall not be construed to in any way affect the title or ownership of property, and shall not make the. Department of Environmental Protection or the State a party in any suit or

.question of ownership.

6. This permit does not waive the obtaining of Federal or other State or local government consent when necessary. This permit is not valid and no work shall be undertaken until such time as all other required approvals and permits have been obtained.

7. A copy of this permit shall be kept at the work site, and shall be exhibited upon request of any person.

8. In cases of conflict, the conditions of this permit shall supersede the plans and/or engineering data.

A 5`14:~9 -O39-7

LURP File No. 1512-93-0052.3,.4,&.5 2 This permit is issued subject to the approval of Tidelands License Application No. 96-0233-T.

The dredge site is located on Forked River, and the disposal site is. located on Oyster Creek. The sites appear on New Jersey Wetlands/Tidelands Maps #357-2130, 357-2136, & 350-2130.

The work is acceptable under the Rules on Coastal Zone Management (7:7E-1.1 et. seq.), specifically: Wetlands (7:7E-3.27), Wetland Buffers (7:7E-3.28), . Maintenance Dredging (7:7E-4.2(f), New Dredging (7:7E-4.2(g)), and Dredge Material Disposal On Land (7:7E-7.12). The work is also acceptable under the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A), specifically: Statewide General Permit Authorization (7:7A-9.2), and Special Activities:

Standards for granting transition area waivers (7:7A-7.4).

This permit is issued subject to and orovided the following coitditions can be met to the satisfaction of the Land Use Regulation Program.

ADMINISTRATIVE CONDITIONS

1. Prior to dredging, the permittee must receive a Tidelands license (Tidelands Management Program File No. 96-0233-T).

Failure to comply with this condition will result in fines up to $1000 plus $100 per day, a higher fee for the conveyance and possible prosecution by the Attorney General's Office to remove structures and pay use and occupancy charges.

2. This permit is NOT VALID until the permit acceptance form has been signed by the applicant, accepting and agreeing to adhere to all permit conditions, and returned to the Land Use Regulation Program at CN 401, Trenton., NJ 08625.

3. This permit shall be RECORDED in the office of the County Clerk (the REGISTRAR OF DEEDS AND MORTGAGES) in the county wherein the lands included in the permit are located within ten (10) days after receipt of the permit by the applicant and verified notice shall be forwarded to the Land Use Regulation Program immediately thereafter.

4. Within 60 days of issuance of this permit, the permittee shall submit to the Land Use Regulation Program a Final Closure Plan for, the upland confined disposal facility. The plan shall be based on the NJDEP Draft (March 1996) dredging guidance document -'The Management and Regulation of Dredging Activities and Dredged Material Management in New Jersey's Tidal Waters", and incorporate the requirements of the Soil Conservation District closure plan. The permittee is not required to include a Financial Plan.

5. Prior to dredging the permittee shall receive written permission from property owners to dredge Tideland areas that that have been conveyed to the property owners under Tidelands grants, leases, or licenses.

)854 9-0398

LURP File No. 1512-93-0052.3,.4,&.5 3

6. Prior to dredging the permittee shall employ a professional engineer to conduct a structural integrity survey of all bulkheads and docks that are within the dredge area, and associated slump area. Engineer's certification that the dredging will not impact any structures shall be submitted to the Land Use Regulation Program.

7. The permittee must notify the Bureau, of Coastal & Land Use Enforcement (at 1510 Hooper Avenue, Toms River, NJ, 08753) at least 3 days prior to the commencement of dredging activities.

The permittee shall allow an authorized Program representative the right to inspect the construction pursuant to N.J.A.C.

7:7E-1.5(b) 4.

8. This permit does not obviate the permittee from obtaining any other necessary federal or local approvals.

9. Th.et permittee shall ensure that the contractor and/or workers executing the activity authorized by this permit understands the terms and conditions of the permit.

10. No change in plans or specifications shall be made except with the prior written permission of the Department.

11. This permit is subject to approval of the US Army Corps, of Engineers Philadelphia District.

PHYSICAL CONDITIONS

12. Dredging is prohibited from January 1 to May 31 of each year, due to winter flounder (Pseudopleuronectes americanusl spawning.

13. Dredging is prohibited within 25 feet of any wetlands mapped on NJDEP Coastal Wetland Map No. 357-2136 or the mean high water line of any property that does not have a shore protection structure. Unprotected properties shall be located during the pre-dredging structural integrity survey.

14. Dredging is limited to a depth of 5 feet at mean low tide.

15. Prior to dredging the permittee shall install fencing surrounding the base of the confined disposal facility, and the facility shall be posted with '-No Trespassing" signs to restrict unauthorized access to the site.

16. Prior to dredging the permittee shall mark the location of the 8"' water main crossing within the dredge areas along Fairview Lane and Hawaii Drive. Over dredge is prohibited in the vicinity of the water main crossing.

17. Prior to dredging the permittee shall conduct a structural integrity survey of the bulkhead in the vicinity of tide gage 3391, located on a bulkhead off Niihau Drive, and a "no dredge zone" shall be established adjacent to the bulkhead to prevent potential alteration or destruction of the gage. The

"'no dredge zone shall be no less than 25' wide on all sides of the gage 5449-0399

..LUR-P File No. 151M-3-0052.3,.4A.54 4

18. Dredging and disposal operations must be conducted in the following sequence of "area groups", as represented by the following sediment sampling locations:.

Group 1 - GPNFR-7, GPNFR-8, GPNFR-9*

Group 2 - C-456 Group 3 C-123 The order of dredging and disposal within any single "Group" can vary; however, all dredging and disposal activities for Group 1 areas must be completed before that for Group 2 areas are initiated Likewise, those for Group 2 areas must be completed before those for Group 3 are initiated.

Each Sample Group is composed of the followlng reaches:

Group 1 (GPNFR-7, -8. and -9)

Reaches: Lagoon N-I MCP-4 Lagoon N-2 MCT-I EXCP-l MCT-3 Group 2 (C-456)

Reaches: Lagoon S-I MCP-I Lagoon S-2 MCP-2 Lagoon S-3 MCP-3 Lagoon S-4 MCS-l Lagoon S-5 MCT-2 MCT-4 Group 3 (C-123)

Reaches: Lagoon S-6 MCP-5 Lagoon S-7 MCP-6 Lagoon S-8 MCP-7 Lagoon S-9 MCP-8 Lagoon S-10 MCP-9 Lagoon S-I1

• MCP-10 Lagoon S-12 MCS-2 Lagoon S-13 MCS-3 Lagoon S-14 MCS-4 Lagoon S-15 MCS-5 MCS-6

BS449-0400

LURP Filc No. 1512-93-0052.3,.4,&.5 5

19. No dewatering effluent resulting from &be disposal of the dredged material from the Group . areas shall be discharged from the upland CDF. This requires that the discharge weir of the upland CDF is either -'closed" or set at an elevation to prevent the discharge of dewatering effluent during the disposal of dredged material from the Group 1 areas. All other discharges must have a minimum retention time of 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> to allow for adequate settling of suspended solids. This period has been calculated using the procedures included in the attached USACOE Waterways Experiment Station Technical Note EEDP-02-8.

20. Immediately prior to the initial discharge of devatering effluent from the upland CDF, a grab sample must be collected inside the weir and analyzed as described in Condition No. 21.

The data must be submitted to the Department, which will review it within 24 business hours and either (a) give permission for discharges into Oyster Creek to begin, or (b) require additional settling/retention prior to the initiation of discharge operations.

21. The permittee shall monitor the discharge effluent for Total Suspended Solids (TSS) and for Total and Dissolved Fractions of Arsenic (As), Copper (Cu), Nickel (Ni), Lead (Pb), Zinc (Zn), and Mercury (Hg). Monitoring is to be conducted weekly, starting immediately with the first dewatering effluent discharges associated with the disposal of dredged material from Group 2. Analysis of surface water samples must be conducted using approved analytical methods. Representative samples are to be collected at the point where the dewatering

.effluent is discharged into the lagoon. The monitoring data for TSS is to be submitted to the Department no later than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after its been collected, while monitoring data for the inorganic metals must be submitted within 7 days.

(a) The Total Suspended Solids (TSS) action level for the dredging project is 100 mg/L.

(b) The surface water quality Arsenic (As) action level is 10 micrograms per liter (ug/L), measured as Total Arsenic.

(c) The Department may develop additional actions levels for Cu, Ni, Zn, Pb, and Hg, depending on the results of the monitoring data submitted as per Conditions 20 and 21.

22. If the TSS or As action level are exceeded, the permittee is considered to be in violation of the Water Quality Certification and operations at the upland CDF shall be immediately ceased and the Department must be immediately notified. Disposal operations may be resumed when the applicant has demonstrated to the Department that operations will be modified such that the dewatering effluent discharge will meet the TSS action level and/or As action level.

23. Upland disposal/containment of any dredged sediments must be in accordance with New Jersey Pollutant Discharge Elimination (NJPDES) permit No. NJ0055500 (renewal no. NJ0101966).

B85449 "040

. - LURP File No. 1512-93-0052.3,.4,&.5 6

24. This project is subject to the conditions noted at N.J.A.C.

7:7A 9.2 and 9.3 of the Freshwater Wetland Protection Act Rules for the activities authorized under these Statewide General Permits.

25. All fill and other earth work on the lands encompassed within this permit authorization shall be stabilized in accordance with "Standards for Soil Erosion and Sediment Control in New Jersey" to prevent eroded soil from entering adjacent waterways or wetlands at any time during and subsequent to construction.

26. If wooden bents are used to support the pipeline to cross the wetlands, they must be removed immediately upon completion of the project.

27. If a post construction site inspection reveals that the pipelinn crossing has damaged the wetlands so that it may not revegetate naturally, the Department shall require that the permittee restore and replant the disturbed area with native, indigenous species.

28. Any additional disturbance of freshwater wetlands, State open waters or transition area shall be considered a violation of the Freshwater Wetlands Protection Act unless the activity is exempt or a permit is *obtained prior to the start of the disturbance from the Land Use Regulation Program.

29. If breakage or leakage of the dredge material transfer pipe occurs dredging operations shall be immediately ceased, and permanent repairs shall be made to the transfer pipe before dredging operation can resume, DATE Ruth Ehinher Manager Bureau of Coaztai Regulation c Bureau of Tidelands Rich DeWan, Standard Permitting Joel Pecchioli, Office of Program Coordination John Roe, Bureau of Operational Ground Water Permits Jill Lipoti, Radiation Protection Program Bureau of Coastal and Land Use Enforcement Lacey Township Construction Official hf6\129352p IMI