Site Management and Monitoring Plan for Arecibo Harbor, Mayagiiez Harbor, Ponce Harbor, San Juan Harbor, & Yabucoa Harbor Puerto Rico Dredged Material Disposal Sites Final February 28, 2023


US Army Corps
of Engineers
Jacksonville
District

REGION 2

Site Management and Monitoring Plan for
Arecibo Harbor,

Mayaguez Harbor,

Ponce Harbor,

San Juan Harbor, &

Yabucoa Harbor
Puerto Rico Dredged Material Disposal Sites

FINAL
February 28, 2023

U.S. Army Corps of Engineers
Jacksonville District
P.O. Box 4970
Jacksonville, Florida 32232

U.S. Environmental Protection Agency

Region 2

290 Broadway

New York, New York 10007

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Site Management and Monitoring Plan for Arecibo Harbor, Mayaguez Harbor, Ponce Harbor, San
Juan Harbor, & Yabucoa Harbor Puerto Rico Dredged Material Disposal Sites

February 2023

The following Site Management and Monitoring Plan (SMMP) for the Arecibo Harbor, Mayaguez
Harbor, Ponce Harbor, San Juan Harbor, & Yabucoa Harbor Puerto Rico Dredged Material
Disposal Sites (ODMDSs) has been developed in order to comply with Section 102(c)(3) of the
Marine Protection, Research, and Sanctuaries Act (MPRSA) of 1972 (33 U.S.C. Section 1401, et
seq.) as amended by Section 506 of the Water Resources Development Act (WRDA) Amendments
of 1992 (Public Law 102-580) and has been approved by the following officials of the U.S.
Environmental Protection Agency (EPA) Region 2 and the U.S. Army Corps of Engineers
(USAGE), Jacksonville District. This supersedes all prior Arecibo Harbor, Mayaguez Harbor,
Ponce Harbor, San Juan Harbor, & Yabucoa Harbor Puerto Rico Dredged Material Disposal Site
SMMPs.

Colonel James L. Booth Date 2/28/2023

District Commander

Jacksonville District

U.S. Army Corps of Engineers

Jacksonville. Florida 32232

Regional Administrator

U.S. Environmental Protection Agency

Region 2

New York, New York 10007

Lisa Flavia Garcia

Date 2/28/2023

This plan is effective from the date of signature for a period not to exceed 10 years. The plan shall
be reviewed and revised more frequently if site use and conditions at site indicate a need for
revision.

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NODC - National Ocean Data Center
ODMDS - Ocean Dredged Material Disposal Site
PCBs - Polychlorinated Biphenyls
PH - Ponce Harbor

PS - Ponce Harbor, Puerto Rico Ocean Dredged Material Disposal Site
PSMS - Primary Scow Monitoring System
ROV - Remotely Operated Vehicle
RPM - Reasonable and Prudent Measures

SARBO - South Atlantic Regional Biological Opinion for Dredging and Material
Placement Activities in the Southeast United States

SJH - San Juan Harbor

SJS	San Juan Harbor, Puerto Rico Ocean Dredged Material Disposal Site

SMMP - Site Management and Monitoring Plan

SPI - Sediment Profile Imaging

T&C - Terms and Conditions

T BP Theoretical Bioaccumulation Potential

TDL - Transportation and Discharge Log

TDS - Tons Dry Solid

T'OC - Total Organic Carbon

USACE - U.S. Army Corps of Engineers

IJSACE-SAJ - U.S. Army Corps of Engineers - Jacksonville District

USCG - United States Coast Guard

USFWS - United States Fish & Wildlife Service

W/QAPP - Work/Quality Assurance Project Plan

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WRDA - Water Resources and Development Act
XML -Extensible Markup Language
YH - Yabucoa Harbor

YS - Yabucoa Harbor, Puerto Rico Ocean Dredged Material Disposal Site

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1. Background

Section 506 of the Water Resources and Development Act (WRDA) of 1992, which amended the
Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA), requires the U.S.
Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) to
piepare a Site Management and Monitoring Plan (SMMP) for each ocean dredged material
disposal site (ODMDS). For sites designated prior to January 1, 1995, such as the five (5) sites in
Puerto Rico, WRDA dictated that SMMPs were to be developed by January 1, 1997. Further
permitting or authorization of projects for disposal at ocean sites not having SMMPs after that date
were prohibited until an SMMP was prepared.

MPRSA 102 (c)(3)(A) requires that the SMMP for an ODMDS include a baseline assessment of
conditions at the site. MPRSA 102 (c)(3)(D and E) requires that the SMMP include consideration
oi the quantity of material to be disposed of at the site, and the presence, nature, and bioavailability
of contaminants in the material, as well as the anticipated use of the site over the long-term.
MPRSA 102 (c)(3)(F) requires that the SMMP be reviewed and revised no less frequently than 10
years after adoption of the plan, and every 10 years thereafter.

EPA Region 2 (EPA-R2) and USACE Jacksonville District. (USACE-S AJ) prepared this document
(Puerto Rico Combined SMMP) which combines and revises the WRDA-required SMMPs for all
five (5) of the final-designated (40 CFR 228.15 (d) (10)-(14)) ODMDSs in Puerto Rico: Arecibo
Harbor, Puerto Rico Dredged Material Site (AS); Mayagiicz Harbor, Puerto Rico Dredged
Material Site (MS); Ponce Harbor, Puerto Rico Dredged Material Site (PS); San Juan Harbor,
Puerto Rico Dredged Material Site (SJS); and Yabucoa Harbor, Puerto Rico Dredged Material Site
(YS) (afterwards referred to as the Puerto Rico ODMDSs). This SMMP identifies actions,
provisions, and practices to manage operational aspects of dredging and disposal activities and to
perform site monitoring at the five (5) designated ODMDSs in Puerto Rico.

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2. Objectives of the SMMP

The objectives of this SMMP are to collect sufficient information to:

a.	provide that no unacceptable environmental impacts occur from the disposal of dredged
material at the Puerto Rico ODMDSs;

b.	recognize and correct any potential unacceptable conditions before they cause any
unacceptable impacts to the marine environment or present a navigational hazard to
commercial waterborne vessel traffic;

c.	determine/enforce compliance with MPRSA permit conditions;

d.	provide a baseline assessment of conditions at the Puerto Rico ODMDSs;

e.	outline a program for monitoring the Puerto Rico ODMDSs;

f.	describe special management conditions/practices to be implemented at the Puerto Rico
ODMDSs;

g.	estimate the quantity of material to be disposed at the each of the five (5) Puerto Rico
ODMDSs, considering the presence, nature, and bioavailability of the contaminants in the
dredged material;

h.	specify the intended use and possible closure date, if necessary, of the Puerto Rico
ODMDSs;

i.	provide a schedule for review and revision of this SMMP for Puerto Rico ODMDSs.

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Mayaguez Harbor, PR
Dredged Material
Disposal Site

Figure 1. Map showing locations of the five dredged material disposal sites in Puerto Rico.

3. Site Histories and Locations
3.1 Site Histories

Prior to 1974, all dredged material (except for Bar Channel material) taken from San Juan Harbor
and its vicinity was placed in upland disposal areas. In 1974, these areas were exhausted, and no
new upland site could be obtained for dredged material disposal. Since 1975, all dredged material
from San Juan Harbor has been disposed offshore.

The SJS was designated as an Interim ODMDS in 1977 under MPRSA. An interim ODMDS for
Mayaguez Harbor was also approved in 1977 via publication in the Federal Register (42 FR 2461
et seq ). Interim ODMDSs for Arecibo Harbor, Ponce Harbor, and Yabucoa Harbor were
designated in 1986 under MPRSA.

In March 1988, the SJS was designated as a Final ODMDS to receive materials from the San Juan
Harbor area. The May 1988 Final Environmental Impact Statement (FEIS) for the Designation of

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ODMDSs for Arccibo, Mayagiiez, Poncc, and Yabucoa, Puerto Rico examined environmental
aspects of the interim sites. The FEIS concluded that the interim site for Arccibo Harbor was well
suited for use as a dredged material disposal site and it was subsequently designated as a Final
ODMDS to receive materials from areas of Arecibo Harbor. The FEIS concluded that alternate
sites were better suited for use as dredged material disposal sites for Mayaguez Harbor, Ponce
Harbor, and Yabucoa Harbor. The present sites for these three (3) harbors were subsequently
designated as Final ODMDSs, with each site designated to only receive materials from areas of
the respective named harbor.

The site designations for all five (5) Puerto Rico ODMDSs were modified in 2015 to allow suitable
dredged materials at all sites starting on June 22, 2015, without any restrictions on their geographic
origin (EPA 2015).

3.2 Site Size, Location, and Boundaries

All five (5) ODMDSs in Puerto Rico are approximately one square nautical mile (1 nmi2) in area
and are located between one and a half and six nautical miles (1.5 - 6 nmi) from the respective
harbor entrance as detailed below:

Site Distance from harbor entrance

Orientation

AS 1.5 nautical miles

N of Arecibo Harbor

MS 6.0 nautical miles

W of Mayaguez harbor

PS 4.5 nautical miles

S of Ponce Harbor

SJS 2.2 nautical miles

NNVV of San Juan Harbor

YS 6.0 nautical miles

E of Yabucoa Harbor

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The five (5) Puerto Rico ODMDSs are positioned in rectangles bounded by the following North
American Datum of 1927 (NAD27) coordinates as specified 40 CFR 228.15(d)( 10-14):

Site

AS1

MS

PS2

SJS1

YS3

To minimize the potential for impacts to shelf edge reef resources, disposal activity is restricted to
the northern half of the AS and the SJS (see Section 4.4).

Disposal activity is restricted to the southern half of the PS to minimize potential for impacts to
shelf edge reef areas (see Section 4.4).

Disposal activity is restricted to the southeastern quadrant of the YS to minimize potential for
impacts to shelf edge reef areas (see Section 4.4).

3.3 Enforcement Activities in Puerto Rico

Enforcement actions have been taken relating to dredged material disposal activities at the PS.
During the project lor deepening and widening of the Ponce Harbor navigational channel and
turning basin and berthing areas associated with the Port of Las Americas development project in
2005-2006, surveillance of the loaded scows revealed that several loads of material were
discharged outside PS boundaries and that significant losses ot material had occurred from loaded
scows while underway due to continued use of malfunctioning scows to transport dredged
material. As a result of these actions, EPA-R2 issued tour (4) MPRSA violations with significant
monetary penalties.

Degrees, Minutes, Seconds

18° 31' 00" N	66° 43' 47" W

18° 31' 00" N	66° 42'45" W

18° 30'00" N	66° 42'45"" W

18° 30'00" N	66° 43' 47" W

18° 15'30" N	67° 16'13" W

18" 15'30" N	67° 15' 11" W

18° 14' 30" N	67° 16'13" W

18° 14'30" N	67° 15'11" W

17° 54' 00"~N	66° 37'43" W

17° 54' 00" N	66° 36' 41 "W

17° 53' 00" N	66° 36'41" W

17° 53' 00" N	66° 37' 43" W

18° 30' 10" N	66° Q9'~31" W
18° 30' 10" N" 66° 08' 29" W

18° 31' j 0" N	66" 08' 29" W

18o31'T0"N	66" 09' 31" W

18° 03'42" N	65° 42' 49" W

18°03'42"N 65°41'47"W
18° 02'42" N 65° 41'47" W

18" 02' 42" N 65° 42'49" W

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Since their designation, no significant violations and/or enforcement actions have been taken (i.e.
actions resulting in fines and/or criminal proceedings) at the AS, MS, SJS, or YH ODMDSs.
However, both EPA-R2 and the USACE-SAJ have taken corrective actions to bring specific
disposal projects into compliance with permit conditions.

3.4 Past and Anticipated Use and Quantity of Material Disposed at ODMDSs

Disposal volumes (cy) at the five (5) Puerto Rico ODMDSs in past ten years along with total
volumes and averages since interim designation in 1977 and 1986. Source: USAGE Ocean
Dredged Material Disposal Site Database and USAGE records.

Year

Arecibo

Mayagiiez

Ponce

San Juan

Yabucoa

Total All

Harbor

Sites

2011

378,352

378.352

2012

185,673

92,538

278,211

2013

2014

8,333

2015

2016

986,324

2017

139,302

2018

2019

2020

96,896

94,843

284,444

476,183

2021

Tola!
1976-2021

520.S.3'-'

15<». i S 1

! .400.000

i4.270

I6.362.5S')

A \,._Ta year
1976-2021

11,453

3.3'-;5

30.435

310.425

355,708

Tolal
2011-202!

2K2.569

04.S43

i.S;s
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Guayanilla Harbor and Yabucoa Harbor that would result in dredged material being transported to
the PS and the YS. The quantity of material for these projects is not known at this time but is
expected to be relatively low. There are no proposed limitations on the quantity of material that
may be placed at the sites.

4. Site Characteristics

Baseline conditions measured by IE Corporation in 1980 were summarized in the Environmental
Impact Statement (EIS) prepared to support designation of the SJS (EPA, 1982). Additional
baseline biological, geological and geochemical data was collected from the SJS and the four (4)
other Puerto Rico ODMDSs (AS, MS, PS, and YS) in 1984 by JRB Associates (under contract to
EPA). These data were summarized in the EIS prepared to support designation of the Arecibo
Harbor, Mayaguez Harbor, Ponce Harbor, and Yabucoa Harbor ODMDSs (EPA 1988). In
November - December 1996 EPA-R2 collected side scan sonar, sediment chemistry, and benthic
community structure data in and around the Puerto Rico sites to augment the baseline assessments
ot conditions (Goldcr Associates, 1997). Sediment samples were taken from the Puerto Rico sites
on multiple surveys since then and again most recently in February 2022.

4.1 Physical, Meteorological and Oceanographic Features:

a. Water Depth: Water depths at the Puerto Rico ODMDSs range between 60 and 880 meters (m):

Site

Depth Range

Bathvinetrv Description

AS1

101 m — 417 m

101 m along the southern margin to 417 m
along the northern border

MS2

320 m - 400 m

325 m along the eastern border to 400 m along
the western border

PS2

60 m - 540 m

Southern half of the site is deeper, 365-540 m

SJS3

213m - 400 m

depths average 292 m: 213 m at the southern
boundary to 400 m at the northern boundary

YS2

600 m - 880 m

shallowest at the northeastern corner, deepest
at the southeastern corner

'EPA 1988 EIS
2Golder 1997
3EPA 1982 EIS

b. Currents: Currents at all five (5) Puerto Rico ODMDSs are greatly influenced by the direction
and strength of the trade winds. The trade winds blow primarily from the northeast. Subsurface
currents at most sites are not well defined, but they appear to be weak. This fact is also evidenced
by the relatively undisturbed depositional environment within the sites and surrounding area.

¦ At the SJS and AS the east-west alignment of the coastline in conjunction with the trade
winds, results in a westerly alongshore current. Surface currents show general westward

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drift caused by prevailing east trade winds with average velocities of about 10 cm/s (NOAA
2022).

¦ Surface currents in the Mayagiiez area tend to flow northward at flood tide and southward
at ebb tide. There are seasonal differences in currents, but flow is generally parallel to the
shore with surface currents around 50 cm/s near the entrance to Mayagiiez Harbor (NOAA
2022). Subsurface currents appear to be weaker at the MS than elsewhere in the Mona
Passage.

¦ Currents measured at the PS were predominately oriented in an easterly direction. Median
current speed at 50 m ranged between 3.7 to 7.1 cm/s, and at 90 m ranged between 3.4 to
4.5 cm/s. 90th percentile speeds ranged between 7.2 to 13.8 cm/s and 6.9 to 9.0 cm/s at the
two depths, respectively (PRASA 2003).

¦ At the YS, surface currents are generally directed south-southwest and typically exhibit
speeds between 8 and 10 cm/s. Maximum speeds can be on the order of 30 to 62 cm/s
during peak forcing conditions (ANAMAR 2007). West-southwesterly currents as high as
30 cm/s have been reported between 100 to 500 meters (NOAA 2022).

c. Winds: Easterly trade winds predominate throughout the entire year in the region, primarily from
the ENE direction. Wind speeds in the area are moderate. The mean annual wind speed is 7.8 knots
(14.4 km/hr) but shows considerable daily and monthly variation (National Weather Service 2022).
In summer, the trades tend to strengthen during the day, and average windspeeds arc highest during
this season. Morning averages of 12-13 knots give way to 13-15 knot averages during the
afternoon. Infrequent tropical storms and hurricanes are sometimes severe, occur any time from
June to November, and generally produce considerable rainfall (NOAA 2022).

d. Water Column Profile: Water column structure is relatively uniform throughout the year and
salinity and temperature data reveal the existence of a well-mixed layer of surface water. The depth
of this surface layer extends tens of meters and varies seasonally. The average annual temperature
and salinity of this surface water range between 26-29°C and 35.5 - 36.2 ppt. Below this surface
layer, a permanent density gradient (pycnocline) extends to approximately 240 its with a gradual
density gradient below the pycnocline at most sites (EPA 1982, EPA 1988).

e. Dissolved Oxygen, Chlorophyll, and Turbidity: Measurements taken of baseline dissolved
oxygen, chlorophyll a and turbidity levels in the water column were generally within ranges
typically associated with unpolluted tropical conditions. Maximum chlorophyll a concentrations
co-occurred with the top of the pycnocline. Distributions of dissolved oxygen and turbidity were
vertically complex; potentially reflecting discontinuities in respiration/production rates in the
water column. Suspended solids and turbidity tend to be high in surface waters due to
phytoplankton production, increase to a localized maximum near the pycnocline and decrease
significantly at depth (EPA 1982, EPA 1988). In contrast to the other sites, at the PS, distribution

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of dissolved oxygen was relatively uniform throughout the upper water column (to 150
meters) (PRASA 2003).

4.2 Sediment Composition/Chemistry and Benthos

a. Sedimentary Composition-. The physical characteristics of the sediment at the five (5) ODMDSs
based on sediment profile images (SPI) taken and samples collected on the 2022 survey are
summarized in the table below:

Site

Physiographic
Location

Relative Spatial Heterogeneity

Sand

(average %)

Silt/Clay

(average %)

Northern PR Slope

Homogenous

52%

48%

Western PR Slope

Localized sand and gravel areas

95%

Southern PR Slope

Homogenous

24%

76%

SJS1

Northern PR Slope

Localized sand and gravel areas

28%

67%

Southeastern PR Slope

Homogenous

18%

82%

The sediment samples collected at the SJS contained an average of 5% gravel.

b. Sediment Chemistry. On multiple occasions sediment samples have been collected from within
and outside the boundaries of each Puerto Rico ODMDS and analyzed for percent total organic
carbon (% TOC) and concentrations of trace metals, hydrocarbons, and chlorinated organic
contaminants (i.e., PCBs and selected pesticides). The table below summarizes the results of
analysis of samples collected within the five ( 5) sites on the latest survey, in 2022.

Site

%TOC 1

(average) i Chlorinated Organic Contaminants

Polycyclic aromatic
hydrocarbons (PAH)

0.94%

Total DDT compounds 0.09-1.04 ppb, non-
DDT pesticides all <0.25 ppb individually,
and total PCBs 0.56-4.73 ppb

Low, <227 ppb

4.84%

Total DDT compounds 0-0.77 ppb, non-DDT
pesticides all <0.3 ppb individually,
and total PCBs 0.79-15.58 ppb '

Low, <118 ppb

1.44%

No pesticides or PCB congeners detected

26-907 ppb

SJS

1.84%

Total DDT compounds 1.36-6.18 ppb, non-
DDT pesticides all <1.6 ppb individually,
and total PCBs 18.30-66.09 ppb

260-919 ppb1

3.25%

No pesticides or PCB congeners detected

Low, <165 ppb

'In a previous set of sediment sample test results, a higher range of values was found for total PAH concentrations at
the SJS, as reported in the last SJS SMMP (EPA-USACE 2011).

The average % TOC of sediments present at. MS, PS, SJS, and YS ranged from 1.4% to 4.8%. The
sandier sediments piesent at AS had correspondingly lower average TOC (<1%). No pesticides or
PCB congeners were detected in sediment samples from the PS or YS, while low levels of DDT
compounds, other pesticides, and individual PCB congeners were detected in sediment samples
from the three (3) other sites (AS, MS, and SJS). Polycyclic aromatic hydrocarbon (PAH) levels
were also tow across all five (5) ODMDSs but slightly elevated at SJS and PS.

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Sediment metal concentration ranges (ppm)
within ODMDSs

Bold = above respective reference/background range
* = above all reference/background ranges

ND = Not detected

SJS

Arsenic

9.2-38.3*

7.3-14.7

4-16.8

5.8-6.9

7.8-9.8

Chromium

36.4-107

20.9 47.3

25.2-68.8

20.8-32.4

10.5 11.4

Copper

31.8-167*

22.8-64.2

13.1 -73.2

19.5-44,6

21-27.2

Lead

5.8-29.2

10.2-27.2

4.1 -19.1

4.9 -14,3

6-6.9

Mercury-

ND - 0.3*

Nickel

12-51.4

8.7-18.5

26.4 - 62.4

11.6-22.7

5.7-6.4

Silver

ND - 0.06

0.1 -0.8*

ND - 0.1

ND - 0.05

0.03 - 0.04

Zinc

11.7-181

10.6-88.1

12.5-41.4

32.3-76.3

24-34.8

Sediment metal concentration ranges (ppm)
outside ODMDSs

AS/SJS MS PS YS
Ref./BG Ref./BG Ref./BG Ref./BG

Arsenic

14-35.6

2.75-23.7

7-10

3.6-6.9

Chromium

41.4-136

11.4-84.7

28,9-36

9 10.4

Copper

44.8 -138

3.4- 25.5

36.2-43.4

9.9-13.8

Lead

8-31.1

2.3-16.3

6.5-14.2

3.4-4.6

Mercury-

Nickel

15.6-61.9

5.8-43.5

16.9-22.7

5.1-6.6

Silver

ND - 0.1

Zinc

61.4-183

4.9 -134

59.5-70.4

11.6-15.8

Concentrations of certain metals (arsenic, chromium, copper, lead, nickel, and zinc) were found to
be somewhat elevated in samples collected off the northern coast of Puerto Rico in background
ocean areas, reference areas close to Arecibo Harbor and San Juan Harbor, and within the AS and
SJS compared to samples collected from other ocean areas around Puerto Rico. Most metal
concentrations within the AS and SJS were similar to levels found in the background site and
reference sites outside of the Puerto Rico ODMDSs except silver concentrations were higher
within the SJS (ranging from 0.10 ppm to 0.84 ppm, compared to not detected to 0.13 ppm in
background and reference areas) and the only sample where mercury was detected was in the SJS
(at 0.31 ppm). Several metals were found at levels similar to the north shore sites in the samples
from the MS, the Mayagiiez reference site, and Mayagiiez background, while samples from the
PS, the YS. and their respective reference and background sites had consistently lower metal

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concentrations. Ranges of metal concentrations Were higher within the YS than in the
background/reference samples collected at greater depths further from shore to the southeast of the
YS. Cadmium was not detected in any sample. All metal concentrations are within expected ranges
for areas receiving some degree of anthropogenic input (Battelle 2022).

c. Benthic Biota: Benthic community surveys have been conducted at the MS, PS, SJS, and YS
three times since their designation, most recently in February 2022; a benthic community survey
was conducted for the First time at the AS on the most recent 2022 survey. In 2022, benthic
community surveys were conducted at all five (5) Puerto Rico ODMDSs and samples collected
within and outside of each site were analyzed. The table below summarizes analysis of the recent
benthic samples collected within the five (5) sites in 2022.

Site

Polychaetes

(mean % abundance)

Crustaceans

(mean % abundance)

Molluscs

(mean % abundance)

Minor taxonomic groups

41%

49%

Sipunculids and echinoderms

37%

52%

Sipunculids and echinoderms

42%

38%

Anthozoans and sipunculids

SJS

46%

29%

Anthozoans and sipunculids

50% | 0%

19%

Echinoderms

Benthic communities were dominated by deposit-feeding organisms. At all sites, samples
contained low but variable numbers of individuals and taxa. Major taxonomic groups were
polychaetes, crustaceans, and molluscs (primarily gastropods (snails) and bivalves). Minor
taxonomic groups (sipunculids, echinoderms, and anthozoans) varied across sites. Samples from
background areas outside of the Puerto Rico ODMDSs were similar in abundance and diversity
(Battelle 2022).

4.3 Usage of Puerto Rico Sites by Marine Mammals, Fish, and Endangered Species

USAGE recently completed a programmatic, regional Essential Fish Habitat (EFH) and Section 7
Endangered Species Act (ESA) consultation process with the Services which covered dredging
and placement activities related to projects under the jurisdiction of its Civil Works and Regulatory
Programs (and dredging/sand mining in borrow sites in federal waters under the jurisdiction of the
Bureau of Ocean Energy Management (BOEM) Marine Minerals Program) in the Southeast
United States, including the islands of Puerto Rico and the U.S. Virgin Islands. At the conclusion
of this process, the Services issued the South Atlantic Regional Biological Opinion for Dredging
and Material Placement Activities in the Southeast United States (2020 SARBO) which concluded
that the covered dredging and placement activities, including placement at the Five (5) Puerto Rico
ODMDSs, aie not likely to jeopardize the continued existence of ESA-listed species or result in
adveisc effects to designated critical habitats[.]" The SARBO also includes requirements
(Reasonable and Pxudent Measures (RPMs) and Terms and Conditions (T&Cs)) that minimize the
impacts to ESA-listed species and designated critical habitats. In addition to SARBO requirements,
this SMMP tequiies certain conditions for barge transport to the ODMDSs and site-specific transit

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and use restrictions to further protect ESA-listed and sensitive species as well as EFH, including
coral reefs, as detailed in the following sections,

a. Marine mammals: The designated sites do not encompass any known breeding, feeding, or
nursery areas of marine mammals. Fin whales (Balaenoptera physalus), sperm whales (Physeter
macrocephalns), sei whales (Balaenoptera boreal is), and blue whales (Balaenoptera musculiis)
are all ESA-listed endangered large whale species with ranges that include waters of Puerto Rico.
However, none of these species are known to breed or be commonly found in large numbers near
Puerto Rico. Humpback whales (Megaptera novaeangliae) are present in waters off the coast of
Puerto Rico during migration in the winter months (January-mid-March). Humpbacks do not feed
while in tropical waters but are often seen spy hopping and engaging in other social display
behaviors. Newborn calves may accompany female whales, since both Silver Bank (off N. coast
of Hispaniola) and Mona Island (W. of Puerto Rico) are known calving grounds for this species.
Whales can pass within less than one (1) mile of shore but are also observed further offshore.
Presence of humpback whales is possible in proximity to all five (5) Puerto Rico ODMDSs but is
most common near the Mayagiiez ODMDS. Dolphins are common residents and may be present
in waters of the ODMDSs at any time. The ESA-listed West Indian (Antillean) manatee
(Trichechus manatus manalits) frequent shallow coastal areas of Puerto Rico, including bays, and
generally do not occur in deeper offshore waters. Nevertheless, manatees are occasionally sighted
offshore, so the possibility exists that manatees could be present in waters of the Puerto Rico
ODMDSs. This SMMP requires that all vessels transporting dredged material to any ODMDS
adhere to all measures required in Appendix E of this SMMP (i.e., NMFS, Southeast Region
Vessel Strike Avoidance Measures and Reporting for Mariners) while underway.

b. Sensitive Species: Five (5) species of sea turtles are also known to inhabit Puerto Rican waters:
green (Chelonia my das), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys
coriacea), loggerhead (C-aretta caretta) and olive ridley (Lepidochelys olivacea). The latter two
(2) of these species are significantly less frequently observed in Puerto Rican waters. Waters of
the ODMDSs are too deep to provide foraging habitat for adults of green, hawksbill or leatherback
turtles; however, they can be expected to be transiting through these areas and post-hatchling green
and hawksbill turtles may be associated with rafts of Sargassum. Leatherback marine turtles
approach the south shore of Puerto Rico during their nesting season (March-June) and may be
present in offshore waters during this time. Leatherbacks typically spend the rest of their adult
lives in the temperate zone. Hawksbill turtles and leatherback turtles are likely to be present in
waters around the MS as they transit to and from Puerto Rico west coast and Mona Island beaches
during iheir nesting season (March-June). While underway, dredging contractors must adhere to
all measures required in Appendix E of this SMMP (i.e., NMFS, Southeast Region Vessel Strike
Avoidance Measures and Reporting for Mariners) and maintain a watch for turtles as well The
endangered Brown pelican is resident to Puerto Rico but is primarily present inshore.

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c. Fish: There are four (4) ESA-listed species of fish, sharks, and rays (Nassau grouper, giant
manta ray, oceanic whitetip shark, and scalloped hammerhead shark) present in Puerto Rican
waters; all are highly mobile species that will choose foraging habitat with favorable
characteristics. There are six (6) designated EFH in Puerto Rico for reef fish, pelagic fish, rays,
spiny lobster, queen conch, and corals. Juvenile and adult reef fish utilize waters lip to 600 feet in
depth for foraging but are primarily found in vicinity of coral reef habitat. Open waters of Puerto
Rico sites may be feeding grounds for pelagic fish (e.g., tuna, jacks, mackerel) and deeper site
waters may be feeding areas for various snappers and other species, but the designated sites are
not critical areas in this regard. Deep waters of the sites may be inhabited by various species having
wide depth ranges (e.g., elasmobranchs, conger eels, batfishes) as well as slope species (e.g.,
grenadiers).

A modest, but significant, commercial pot fishery operates off southern Puerto Rico. This
fishery, however, is restricted to shallower, inshore shell waters. Mackerel, sardine, snook and
snappers constitute the bulk of landings in this fishery. A hand line fishery targeting snappers
also operates off southern Puerto Rico; this fishery operates primarily in shallower water but
extends to depths of approximately 600 ft. In addition, there are numerous private recreational and
deep-sea charter fishing operations where effort is generally directed at billfish, dorado, tuna, and
other pelagic species.

d. Endangered and threatened corals: There arc seven (7) species of corals in Puerto Rican waters
listed by NOAA-NMFS under ESA as threatened: staghorn coral (Acropora cenicornis): elkhorn
coral (Acropora palmata); lobed star coral (Orbiceila annularis)', mountainous star coral
(Orbicella Javeolata): boulder star coral (Orbiceila franksiY, pillar coral (Dendrogyra cylindris);
and rough cactus coral (Mycetophyllia ferox). These corals (except M. ferox) are important reef
building corals, typically occurring in high energy, shallow water areas. Critical habitat for these
corals is located at the shelf edge or in coastal areas (the deepest occurring of these corals are M.
ferox, O. faveolata and O. franksi, which have depth distribution maximums of 90 m). NOAA
identified critical habitat for Acropora spp. as areas having consolidated hardbottom substrates
devoid of macroalgae and sediment cover in depths between the Mean High-Water line and 30
meters. In a proposed rule published in November 2020, NOAA identified critical habitat for the
five (5) non-Acropora threatened species: O. annularis, O. faveolata, O.franksi, D. cylindrus, and
M. ferox. The proposed critical habitat areas for these five (5) species in Puerto Rico are bounded
by water depths as listed following table:

Species

Water depth range

Orbiceila annularis

0.5-20 m( 1.6-65.6 ft)

Orbicella faveolata

0.5-90 m (1.6-295 ft)

Orbicella 1'ranksi

0.5-90 m( 1.6-295 ft)

Dendrogyra cylindrus

1-25 m (3.3-82 ft)

Mycetophyllia ferox

5-90 m (16.4-295 ft)

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O. faveolcita and O. franksi both have the widest water depth range covering the same area within
which lie the proposed critical habitat areas for all other threatened coral species. Maps of this
range using the NOAA CIS layer for O. franksi proposed critical habitat show the proximity of
critical coral habitat to each ODMDS (Figures 3-7). All five (5) Puerto Rico ODMDSs are in water
deeper than 90 m, making their locations outside of critical habitat areas. Critical habitat for
threatened corals as designated by depth ranges occurs along the transport routes typically used by
barges to travel to and from the Puerto Rico ODMDSs. The presence of several ot these species
was documented in shallow waters outside the channel routes to the MS and SJS in video taken
from a remotely operated vehicle (ROV). NOAA also identifies a species of deep-water coral
(Oculina spp.) as a species of concern in Puerto Rico. The presence of this species however has
not been confirmed on the northern coast of Puerto Rico. Deep water stony coral (Madracis spp.)
was documented in very sparse distribution in video taken using a ROV at deep water hardbottom
areas outside the Mayaguez Harbor entrance in 2011.

4.4 Shelf Edge Reef Resources

Reef resources on the Puerto Rican shelf and along the shelf edge have been identified by the
NOAA as EFH. In previous consultations, NOAA has indicated that these areas are generally
restricted to areas shallower than 200 feet (61 m). Side scan SONAR and ROV surveys have been
conducted to locate shelf edge resources around Puerto Rico, including on the most recent survey
in 2022 where a ROV was used to collect images along channel edges and transit routes to the PS
and YS. This SMMP implements multiple protective measures to minimize the potential for
impacts to shelf edge resources as detailed in the following site-specific sections.

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a. Arecibo Harbor, PR ODMDS: In November 2011, a side scan SONAR survey was made of the
area between the mouth of Arecibo Harbor and the AS to identify those areas with hard bottom
substrates that rise significantly above the seafloor. Several hard bottom areas with vertical relief
were identified but mostly lay outside the direct route between Arecibo Harbor and AS (Figure 2).
Video documentation of the quality of these habitats was obtained on a survey in 2013 and
confirmed the presence of corals in some of the areas that were identified as hardbottom by the
side scan SONAR on the shelf south of the AS. To minimize the potential for impacts to ESA
corals and shelf edge EFH, disposal activities are restricted to the northern half of the
Arecibo Harbor, PR ODMDS. Scows will be required to maintain a line of transit that passes
east of 18° 29.700 N and 66° 42.800 W as well as west of 18° 29.700 N and 66° 42.550 W to
minimize the potential for losses of dredged material onto these potentially sensitive areas.

I (dredged material) J
157 j ('see note S) i

I 137 Ml

from suryeyl ^

¦ —-=»-q£ 7 903""^"^ i—

l_7SL

Higher relief (>3 m)

Lower relief (<3 m)

Circlesshow boundaries of
areas surveyed using Klein
3000 Side Scan SONAR

146

Figure 2. Hard bottom features having significant vertical relief outside Arecibo Harbor. Based
on EPA Region 2 side scan SONAR survey (conducted in November 2011).

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N

'fS* nonusable area

tl 1 Boulder Star Coral Critical Habitat

no disposal

347

-66.7133,

A %

—^ S |-66.7092,
i, 18.495: '

18.495

Orbicellafranksi
Proposed Critical Habitat
0.5 - 90 m depth

Puerto
Arecibo

0 0 38 0.75 1.5 Miles

1 l i l ! 1 1 1 1

Esri. Del
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b. Mayagiiez Harbor, PR ODMDS: As shown in Figure 4, the MS is located far west of any
potential shelf edge habitat. The results of the previous video ROV survey support the presence of
both ESA-listed species and EFH outside the navigation channel, and that these high value habitats
do not occur elsewhere along the direct route to the MS. Because of navigational safety concerns,
scows must use the channel and therefore EPA cannot alter the scow paths landward of the
entrance channel markers. Upon leaving the entrance channel, scows will quickly be over
deep water that does not support shelf edge reef habitats or ESA-listed corals. Therefore, no
designated scow path will be imposed upon dredged material transporters to the MS.

i \

v-r

\ V -

Maya

guez Harjbor
ODMDS

Bahhde

' Anasco

Msnchas
Banks

Mmnchn*
Grandes

Orbicellafranksi
Proposed Critical Habitat
0.5 - gq/n depth

Eswlto RodriguezA

Punta
¦'« 1jar robe
K

Buhia dp
Mayaguez

0 0 5 1 2 Miles
I—1—I—1—I l 1 1 I

**.«« E<4 CtBCO N0*4 tfcaiBMl&oen**.- Gaww HIM G

/~h
\

MOW W{y

Eigure 4. Location of Mayaguez Harbor, Puerto Rico Dredged Material Disposal Site (MS) and
proposed critical habitat boundaries for Orbicella franksi as dashed line (0.5-90 m depth).

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c. Ponce Harbor, PR ODMDS: The northeast comer of the PS is adjacent to a shoal area that
may contain shelf edge resources (Figure 5). The potential for impacts to this shelf edge reef
area will be minimized by restricting disposal activities to the southern half of the PS. This
restriction serves to maximize the distance of any disposal activities from shelf edge EFH
and ensures the direct transit route from the Ponce Harbor entrance channel avoids the shelt
edge areas and stays over deep water. As it is anticipated that dredged material will be
transported to the PS from Guayanilla Harbor, barges transiting from Guayanilla will be
required to maintain a line of transit south of 17° 57.66 N and 66° 45.54 W and 17° 56.4 N
and 66° 43.2 W to ensure barges stay over deeper water and away from shelf edge areas
including coral reef along the coast between Guayanilla and the PS.

Bahtadt
Guayanilhi

it TaUaboa

' G<»Y*nHi0

j-66.759,17.960]

Bahia de
Ponct

/;<
i1 « ^

; I /*». ^
' !

Orbicellafranksl ' j
Proposed Critical Habitat'/
0.5- go m depth 1/

-66.720, 17.940

nonusabie area
1 III Boulder Star Coral Critical Hatetat

no disposal

Ponce Harbor fy'/jO'

ODMDS

0 05 1

II i i I

Figure 5. Location of Ponce Harbor, Puerto Rico Dredged Material Disposal Site (PS) and
proposed critical habitat boundaries for Orbicella franksi as dashed line (0.5-90 m depth). Potential
shelf edge resources maybe located in the shoals just northeast of the site boundary. Points marked
show transit route restriction requiring barges to maintain line of transit south of 17° 57.66 N and
66° 45.54 W as well as 17° 56.4 N and 66° 43.2 W.

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d. San Juan Harbor, PR ODMDS: The SJS is located north of areas that may contain shelf edge
resources (Figure 6). Side scan SONAR in 2011 and 2013 multibeam and ROV survey of benthic
habitats along the transit route to SJS showed that hardbottom areas between the San Juan Harbor
entrance and SJS do not have any coral growth. Coral growth is limited to coastlines within shelf
edge reef depth range and well outside the most direct transit route.

t J

no disposal

San Juan Harlpor
^

525 noraisabte area
.'~J Boulder Star Coral Critical Habitat

Orbicellafranksi
Proposed Critical Habitat
0.05 - 90 m depth

•(/

I '/
\l

«* t

/' \
/ t3\
' Pj'O \

St: .'"V

\ \ \ J&fSan Juan l-
X\'v ! /V-.

Bahid

SanJuah v>

Isla
Grande

\ / v »

- n. '» ;

11 Bahktde
s \'J*uertoNuevo,

J 1

2 Miles
-J I

Esn D«?i.orme. Esri. IV. orme NaturalVue

Figure 6. Location of San Juan Harbor, Puerto Rico Dredged Material Disposal Site (SJS) and
proposed critical habitat boundaries for Orbicella franksi as dashed line (0.5-90 m depth).

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Because of navigational safety concerns, scows must use the channel and therefore EPA
cannot alter the scow paths landward of the entrance channel markers. Upon leaving the
entrance channel, scows will immediately be over areas with no significant hard bottom
habitat that do not support shelf edge reef habitats or ESA-listed corals. Therefore, no
designated scow path will be imposed upon dredged material transporters to the San Juan
Harbor, PR OD.V1DS as the most direct route has least potential impacts to coral reefs.

To minimize the potential for impacts to shelf edge EFH, disposal activities are restricted to
the northern half of the San Juan Harbor, PR ODMDS.

e. Yabucoa Harbor, PR ODMDS: The northeast corner and western edge of the YS are adjacent
to a shoal area shallow enough to be suitable to support shelf edge resources (Figure 7). In
2006, EPA identified various contiguous areas of high and low relief along the shelf edge areas
north and west of the YS. A towed video camera revealed high relief areas north of the YS to be
well defined spur and groove Acropora reef. ROV video collected in 2022 lound hardbottom with
large fish aggregations but no live coral in the shelf edge area west of the YS. The potential for
impacts to shelf edge areas will be minimized by restricting disposal activities to the
southeastern quadrant of the YS and by requiring barges transporting dredged material
to maintain a line of transit south of 65° 43.62 VY 18° 1.38 N.

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Punta \
Candettro\

AJ*

Punta

x^£UtTfO
I'QCgCVQ

Orbicellafranksi
Proposed Critical Habitat
0.5 - 90 m

Yabt>coa Harbor
0DMD5

1-65.727, 18.o5y

< ! nonusable area
L _ J Boulder Star Coral Critical Haoftat

0 0 5 1 2 Mdw

I—I—I—I—I—I 1 I I

Eigure 7. Location of Yabucoa Harbor, Puerto Rico Dredged Material Disposal Site (YS) and
proposed critical habitat boundaries for Orbicella franksi as dashed line (0.5-90 m depth). Point
marked shows transit route restriction. Barges must maintain line of transit south of 65° 43.62 W
18° 1.38 N.

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5. Management of Puerto Rico Ocean Dredged Material Disposal Sites

5.1. Regulatory/Statutory Responsibilities Under MPRSA

USAGE and EPA have been assigned various duties pertaining to ocean disposal site management
under MPRSA. EPA and USAGE share responsibility for MPRSA permitting and ocean disposal
site designation and management, as briefly summarized below.

a. Section 102 of the MPRSA

Under Section 102, EPA designates recommended times and locations for material disposed at
ocean sites (including dredged material) and develops the environmental criteria used in reviewing
permit applications.

b. Section 103 of the MPRSA

Under Section 103, USAGE is assigned regulatory responsibility for transportation and disposal
of dredged material, subject to EPA review and concurrence that the material meets applicable
ocean disposal criteria.

5.2. Dredged Material Testing Requirements

The term "dredged material" means any material excavated or dredged from navigable waters of
the United States (33 C.F.R. 324.2(b)). As part of the permitting process, applicants are required
to test/characterize all dredged material proposed for disposal at an ODMDS to determine it it
meets the ocean disposal criteria (i.e.. is suitable for ocean disposal). Dredged material testing
procedures/requirements (including quality assurance requirements) are contained in the following
documents:

-Ocean Dumping Regulations (40 CFR Part 227, "Criteria for the Evaluation of Permit
Applications for Ocean Dumping of Materials")

-EPA/USACE 1991. "Evaluation of Dredged Material Proposed for Ocean Disposal, Testing
Manual" as amended (otherwise known as the ' 1991 Green Book').

-EPA Region 2/USACE-NYD 2016 (or most recent revision). "Guidance for Performing Tests on
Dredged Material proposed for Ocean Disposal" (otherwise known as the Regional Testing
Manual).

EPA-R2 and USACE-SAJ will prepare a regional implementation manual that provides guidance
specific to ocean disposal of dredged material at the Puerto Rico ODMDSs. Until this guidance
manual is prepared and approved, however, the EPA-R2 /USAGE-NAN (2016) manual (or its
most recent) revision will be used to evaluate the suitability of dredged material proposed for
disposal at designated sites in Puerto Rico.

The suitability of dredged material for ocean disposal must be determined by the USACE-SAJ and
concurred with by EPA-R2 in writing prior to each authorization. The determination of suitability

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will be valid for three (3) years from the time of testing, unless it is determined that conditions at
the dredging site may have changed significantly since that time (e.g., chemical spills). EPA-R2
may extend the authorization for an additional period without further testing if: 1) conditions at
the dredging site are deemed to not have changed significantly since the time of testing (reduced
levels of testing effort may, in fact, be required to confirm this); and 2) no unacceptable impacts
have occurred or arc expected at the dredging and disposal sites.

5.3. Transportation and Disposal Methods

Dredged material disposed of at all Puerto Rico ODMDSs may be removed from project areas
using hopper, clamshell, or other types of dredges. Dredged material has been placed at Puerto
Rico ODMDSs primarily utilizing split-hull barges. Specific instructions/requirements, including
the transit and site use restrictions detailed below, are contained in the Department of the Army
(DA) permits issued by the USACE-SAJ, listed as contract specifications in Federal dredging
contracts, and provided to contractors in placement guidelines associated with each dredging
project (see the following Section 5.4 of this SMMP).

Site

Scow Transit Restrictions

Dumping Restrictions

Required to pass east of 18° 29.700 N/ 66° 42.800 W
and west of 18° 29.700 N/ 66° 42.550 W

Disposal activity is
restricted to the northern
half of the AS

Future restrictions will be documented in permit

Future restrictions will be
documented in permit

For transit from Guayanilla: required to maintain a line
of transit south of 17° 57.66 N and 66° 45.54 W and
17° 56.4 N and 66° 43.2 W

Disposal activity is
restricted to the southern
half of the PS

SJS

Future restrictions will be documented in permit

Disposal activity is
restricted to the northern
half of the SJS

Required to maintain a line of transit south of 65° 43.62
Wand 18° 1.38 N

Disposal activity is
restricted to the
southeastern quadrant of
the YS

5.4. Disposal Permit Conditions/Enforcement

MPRSA 102 (c)(3)(C ) requires that the SMMP include special management conditions or practices
to be implemented at the site that are necessary for the protection of the environment.

EPA-R2 and the USACE-SAJ have used their experiences with dredged material disposal at the
SJS and PS to develop guidelines for disposal of dredged material at all ODMDSs in Puerto Rico
and to ensure that any future dredged material disposal takes place in accordance/compliance with
applicable permit or contract conditions.

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At least ten (10) days prior to the start of dredging of ODMDS-suitable material, a pre-construction
meeting is held with dredging contractor representatives, permittees, and members of the USAGE-
SAJ Regulatory Branch personnel for projects, or with USAGE dredging contractor and
Construction/Operations Division personnel for Federal construction and/or maintenance dredging
projects. Permit requirements and placement conditions are discussed to ensure that everyone is
familiar with SMMP requirements prior to the start of ODMDS-material dredging.

a. Regulatory Framework: Permit Conditions

DA permits will be issued for Puerto Rico ODMDS disposal activities involving non-Corps
projects, and typically are valid for a period of three (3) years. Copies of the issued permits or the
letters modifying these permits are maintained and made available upon request by the USACE-
SAJ, which issues the documents. Placement of dredged material cannot occur at any Puerto Rico
ODMDS without a permit (or MPRSA Section 103 (e) equivalent, e.g. Federal projects authorized
by Congress).

1. General Conditions: General permit restrictions reflect standard maritime industry and U.S.
Coast Guard requirements so that a waterborne/sea-going activity can be carried out within the
minimum or basic guidelines set, primarily for safety reasons, by the regulating authority. In
most, if not all cases, the U.S. Coast Guard is that authority.

2. Special/Specific Conditions: Special and/or specific permit restrictions will be listed in the
text of the permit and will include, but not be limited to:

a. Seasonal restrictions or special conditions regarding dredging and disposal (assigned
on a case-by-case basis). At present, no disposal restrictions related to seasonal
variations in ocean current or biotic activity have been determined to be necessary for
disposal at Puerto Rico ODMDSs. Should any such restrictions appear necessary as
monitoring results are compiled, they will be incorporated into future ocean disposal
authorizations. Additionally, if new information indicates that endangered or
threatened species are being adversely impacted, restrictions will be implemented.

b. Requirements for the submission of transportation and discharge logs. USACE-SA.I
approved Dredged Material Inspectors (DMIs) are required to document each
placement trip on the Scow Certification Checklist/Transportation and Placement
Log Form (Appendix A) and provide a copy of the completed form to the USACE-
SAJ. The permittee shall hire a DMI independent of the dredge contractor.

c. Reporting requirements for un-anticipated events and discrepancies.

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d. The inspector shall provide a summary of any discrepancies or inaccuracies on the
Checklist in the site user's report to EPA and USAGE. IJSACE-SAJ approved Dredged
Material Inspectors (DMIs) are required to document each placement trip on the Scow
Certification Checklist/Transportation and Placement Log Form (Appendix A)
and notify the USACE-SAJ of any discrepancies or inaccuracies on the Checklist in
the site user's report to EPA and USAGE.

e. Typical permit language pertaining to aspects of the disposal activity; including
boundaty coordinates, release/discharge procedures, and requirements to discharge
within specific areas. The typical special conditions to be included in the permit are
provided in Appendix B of this document.

b. Federal A uthorization

In cases where permits are not issued, as is the case with Federal Navigation Projects, the special
conditions will be incorporated into dredging contract specifications (see MPRSA Section 103
(e)). When USAGE vessels, or their contractors, conduct the dredging, they will comply with the
same requirements, monitoring, and safeguards that are included in permits issued to third party
contractors. Permit-like instructions, provided in Appendix C of this document, specify
requirements to be contained within the work specifications/orders for the project. These
conditions are equivalent to permit conditions and will be enforceable on the contractor under
applicable law.

c. Violation/Enforcement Cases

1. Disposal at a Puerto Rico ODMDS is to occur only with prior USACE-SAJ approval and EPA-
R2 concurrence. Projects not in compliance with the DA permit will be subject to enforcement
action.

2. A USACE-SAJ approved DMI shall accompany all trips for placement of dredged material at
a Puerto Rico ODMDS and be present during all dredged material discharge events in order to
certify compliance with the USACE-SAJ permit conditions. The DMI shall report
independently to the permittee (not to the dredging contractor). The DMI is required to
complete, sign, submit and maintain within the official record a Scow Certification
Checklist/Transportation and Placement Log Form specific to the ODMDS for each event, see
example provided in Appendix A. The DMI shall certify in writing that the disposal vessel is
not overloaded and otherwise meets the conditions and requirements of a Scow Certification
Checklist that contains all of the substantive elements found in the example provided in this
SMMP. If the DMI elects to use an alternate version of the Scow Certification Checklist, it
must be approved by the EPA and USAGE prior to the commencement of ocean disposal
operations. As indicated in USACE dredging specifications, no ocean disposal trip may be
initiated until both the towing vessel captain and the DMI have signed all relevant entries on
the Scow Certi fication Checklist. I he inspector shall provide a summary of any discrepancies
or inaccuracies on the Checklist in the site user's report to EPA and USACE.

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3. If any action takes place which docs not conform to authorized activities described in any
permit (Contract Specification and/or Work Order for Federal Projects), reauthorization,
response letter, or other communicated requirements/restrictions, the USACE-SAJ should be
notified immediately by the DMI. In cases where activities beyond the scope of those
authorized occur, as soon as practicable after the non-conforming event, the USAGE shall
notify and consult with EPA-R2, and appropriate action will be determined by consultation
between EPA-R2 and the USACE-SAJ.

The USACE will forward to EPA-R2:

1. a report of the misplaced material event,

2. an assessment and explanation for the event,

3. the corrective actions completed, and

4. The corrective action results.

d. Site Inspection/Surveillance

1. To ensure compliance with the DA permit conditions and Federal authorization, routine
observations of dredging activities in Puerto Rico are performed by the USACE-SAJ.

2. USACE-SAJ and EPA-R2 (and/or their designated representatives), reserve all rights under
applicable law to free and unlimited access to and/or inspection of:

a. the dredging project site (including the dredge plant, towing vessel and scow) at any
time during the project;

b. any equipment used for lowing, surveying, monitoring or navigation;

c. any and all records pertaining to specific (Federal or non-Federal) dredging and
disposal projects including logs, reports, memoranda, notes, etc.

3. For all disposal activities, the dredging contractor will be required to prepare and operate under
an approved electronic verification plan for all disposal operations. As part of this plan, the
contractor will provide an automated system that is operated by an independent (third party)
contractor to continuously track the horizontal location and draft condition (vertical) of the
disposal vessel from the point of dredging to the disposal area and return to the point of
dredging.

5.5. Disposal Reporting Requirements and Data Management

a. LJSCG Reporting Requirements:

The dredging towing contractor must notify the Captain ot the Port (CO I P) of Harbor/USCG for

a reference number before each vessel departs the dredging site for an ODMDS. Every trip made

under the permit authorization is required to be recorded and endorsed by the master of the tow or

the person acting in such a capacity.

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b. Record Keeping/Documentation/Data Reporting:

1. Navigation logs will be maintained for each vessel (tugboat/barge) used for ocean disposal of
dredged material. These logs should include accuracy, calibration methods, and any problems
and actions taken associated with navigation. EPA-R2 and the USACE-SAJ require that each
tugboat/barge used for the ocean disposal of dredged material use Differential Global
Positioning Systems (D-GPS) for navigation purposes.

2. A Transportation and Discharge Log (TDL) form must be completed by the DMI to provide a
record of each voyage involving an actual disposal event at any of the Puerto Rico ODiMDSs.
An example of the log form is included in Appendix A. The log forms must be emailed to
USACE-SAJ and EPA-R2 within two (2) hours of any discharge at any ODMDS. An electronic
copy oi each log lorm is to be saved with a filename that includes trip number and retained
within a dedicated project folder to allow for auditing of information. These notification
systems ensure that the USACE-SAJ and EPA-R2 arc completely informed of daily dredging
and disposal activities undertaken within Puerto Rico.

3. I'he DMI must also complete, sign and submit an Inspector Checklist of requirements
associated with each placement trip (Appendix D). An electronic copy of the checklist for each
trip must be retained with the corresponding TDL form in the dedicated project folder to allow
for auditing of information. The three (3) sections of the Inspector Checklist are completed by
the DMI during three (3) phases of transportation and discharge. Many checklist items relate
to the dredging site. Ensuring that all required equipment and procedures are followed prior to
departure from the dredging site helps ensure safe and accurate discharge of dredged material
at all five (5) Puerto Rico ODMDSs. Any item on the checklist that receives a "NO" answer,
meaning that a required procedure has not been followed, or required equipment is not present
or operable, requires an immediate telephone call to LJSACE-SAJ for follow-up action.

4. GPS-based automated disposal surveillance (i.e., vessel draft and position) data must be
maintained for each vessel used to transport and dispose of dredged material at any of the
Puerto Rico ODMDSs. Surveillance data is to be submitted to EPA-R2 and the USACE-SAJ
on a weekly basis in electronic format. Reports should include views of loaded and unloaded
paths taken by vessels used for transportation and disposal of dredged material at any ODMDS
and the discharge location at an ODMDS. This information must be superimposed on a figure
that includes the dredging area, adjacent shorelines, and ODMDS boundaries. In addition, a
graphical depiction of draft versus time must be provided with the above information.

5. Discharge locations must be made available for EPA and US ACE inspection via a website
within twelve (12) hours of discharge. The website must allow several view sizes to observe
the location of discharge. Vessel draft readings must be clearly discernible; superimposed on
a figure that includes the dredging area, adjacent shorelines, and ODMDS boundaries.

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6. Records must be kept of all sea turtle and marine mammal sightings that include date and
number of individuals by species. A report including these records covering all vessel trips to
and from an ODMDS for a project must be submitted to the resource agencies (NOAA,
USFWS, PR DNER) 30 days after the close of the project.

c. Federal Puerto Rico ODMDS Data Management and Reporting

A spreadsheet file containing contractor-reported scow volumes information is maintained by the
USACE-SAJ. All disposal records and submitted monthly disposal volumes for each project are
proofread, verified and any discrepancies are corrected before entry of data into this spreadsheet.
On a yearly basis, USACE-SAJ will compile all dredging, disposal and testing data and submit
them to USAGE Headquarters.

All dredged material disposal data submitted to USACE-SAJ will be compiled, analyzed and
evaluated in a final end of the year report that will be provided to EPA-R2 during the first quarter
of each calendar year and/or upon request. An annual report will not be necessary it there has been
no disposal activity during the previous calendar year.

The data file maintained by USACE-SAJ contains information pertaining to the following:

-Permit/Federal Project number

-Permittee or Federal Project name

-Waterway/Reach/Channel

-Was the project maintenance or improvement?

-Disposal area-buoy at which the material was released/discharged

-Coordinates at which the material was released/discharged
-Disposal activity commencement and completion dates
-Volume of material disposed

-The year to date volumes of private (nonfederal) and federal navigation projects disposed at each
Puerto Rico ODMDS, noted separately and collectively

5.6. Inter-Agency Coordination

a. Transfer of Information

EPA-R2 and the USACE-SAJ jointly manage the Puerto Rico dredged material disposal program
and the AS, MS, PS, SJS, and YS. EPA-R2 and the USACE-SAJ will continue to coordinate the
exchange of information, management and monitoring resources, and the documentation of site

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management decisions at the Puerto Rico ODMDSs. EPA-R2 and USACE-SAJ will continue to
provide each other with all pertinent data and information as it becomes available. Specifically,
upon discovery/notification, any information concerning disposal/dredging violations will be
shared between EPA-R2 and the USACE-SAJ.

This SMMP constitutes an official agreement between EPA-R2 and USACE-SAJ to continue to
cooperatively manage and monitor the AS, MS, PS, SJS, and YS and to coordinate the collection
and transfer of information pertinent to the management and monitoring of the Puerto Rico
ODMDSs as set forth herein.

b. Funding, of SMMP Tasks and Activities

The costs of all Puerto Rico ODMDS site management and monitoring will be shared between
EPA-R2 and the USACE-SAJ to the extent allowed by funding levels in any given fiscal year (i.e.,
cost-sharing will be subject to appropriations).

Consistent with Section 102(c)(3) of the MPRSA, the SMMP developed by EPA-R2 in
conjunction with the USACE-SAJ shall include a program for monitoring the site that includes the
responsible agency(ies) for each monitoring activity. The SMMP and, as applicable, permit
conditions will also specify when site users will be required to undertake monitoring activities
associated with their projects in accordance with 40 CFR § 228.9. Each Agency will bear its own
costs for activities it undertakes in furtherance of the responsibilities established in the SMMP
except as provided for in duly executed Interagency Agreements (IAs) pursuant to the Economy
Act or the cooperative authority of Section 203(a)(2) of the MPRSA.

The USACE-SAJ will support the monitoring and management of Puerto Rico ODMDSs. IAs
between EPA-R2 and the USACE-SAJ are encouraged in order to pool resources to implement
SMMP activities. When appropriate, the USACE-SAJ may provide funds to EPA-R2 via an IA for
studies of prevailing current conditions, transport pathways, mapping of coral reef resources and
assessments of baseline sediment conditions at or near Puerto Rico ODMDSs through contractual
mechanisms. EPA-R2 has the highly specialized expertise and resources to conduct advanced
technical work at the Puerto Rico ODMDSs and to complement USACE-SAJ capabilities by
providing support in specific areas of expertise in oceanography, marine ecology, and marine
instrumentation that are required for work at the Puerto Rico ODMDSs.

EPA-R2 staff is uniquely capable to oversee the technical merits or limitations of any work
products arising from any contractor providing individual site monitoring and management
information services through contractual mechanisms.

c. Project specific coordination

Prior to issue of new permits for private dredging projects, USACE-SAJ Antilles Regulatory
Section and EPA-R2 will discuss special conditions of the permit. As monitoring requirements

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and placement conditions change, the special conditions may also be changed to help ensure permit
holders conduct dredged material disposal operations at any of the five (5) Puerto Rico ODMDSs
as safely and efficiently as possible. Likewise, prior to Federal dredging projects, contract
specifications are reviewed and updated as necessary to reflect changes in monitoring requirements
and placement conditions.

6. Puerto Rico Combined ODMDS Monitoring Program

MPRSA 102 (c)(3)(B) requires that the SMMP for a given dredged material ocean disposal site
include a program for monitoring the site. In this combined SMMP, the program described applies
to all five (5) sites in Puerto Rico: the AS, MS, PS, SJS, and YS. Site-specific provisions are
included and indicated as necessary.

BP A-R2/U S ACF-S A J have developed a tiered monitoring approach to investigate the physical,
biological, and chemical impacts of ocean disposal of dredged material at the five (5) sites in
Puerto Rico. EP A-R2/U S ACE-S A J' s Ocean Disposal Site Puerto Rico Combined Monitoring
Program (MP) addresses both regulatory and technical issues associated with the disposal of
dredged material at the Puerto Rico ODMDSs. The tiered approach described herein is comprised
of levels of increasing investigative intensity designed to generate the technical information
necessary to properly manage the disposal site in an environmentally sound and cost-effective
manner.

Monitoring effort at each designated site under the Puerto Rico Combined ODMDS MP is
dependent upon volume and frequency of disposal. In general, if no disposal occurs, then no
monitoring will be required. Inversely, in a period during which there is disposal activity,
monitoring would be conducted at that site proportionate to volume of disposal, as necessary.
Specific monitoring activities may also be required for individual projects.

6.1. Goals of the Puerto Rico Combined ODMDS MP

The Puerto Rico Combined ODMDS MP will focus on the overall impacts of dredged material on
entire extent of all designated ODMDS locations and surrounding areas. In addition to addressing
the Null Hypotheses (H0) (see Section 6.2), the overall goals of the Puerto Rico Combined
ODMDS MP are to:

a. Verify that dredged material disposed at the Puerto Rico ODMDSs does not cause any
unacceptable impacts.

b. Assess and monitor conditions (trends) at the Puerto Rico ODMDSs as defined in 40
CFR Section 228.10 and compare them to baseline data.

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6.2. Questions/Null Hypotheses (H0) to be addressed by the Puerto Rico ODMDS MP:

The Puerto Rico Combined ODMDS MP will focus specifically on verifying the following four
(4) null hypotheses (H0) for individual projects and/or disposal locations:

H„l: Dredged material disposal operations are consistent with the requirements of the ocean
dumping permits.

Actions:

-Use the USACE-approved DMI reports and information submitted by permittees to determine
compliance.

-Require GPS-based automated disposal surveillance systems on all disposal scows at all five
Puerto Rico ODMDSs.

-Conduct independent surveillance of disposal operations

H„2: Dredged material disposal operations are not causing unacceptable impacts (physical,
chemical, and biological) at the Puerto Rico ODMDSs and surrounding areas.

Actions:

-Conduct sediment profile imagery surveys (Tier 2) at the Puerto Rico ODMDSs and surrounding
areas.

-Conduct bcnthic community structure, sediment chemistry and body burden analyses within the
Puerto Rico ODMDSs when deemed necessary based on results of Tier 2 physical and biological
efforts

H„3: Dredged material disposal has no significant impact on endangered species.

Actions:

-Review USACE-approved DM! reports to ensure that no dredged material disposal occurs in the
presence of any marine mammals/endangered turtles.

- Monitor marine mammals/sea turtle sightings, landings (bycatch), and strandings in the Arecibo,
Mayagiiez, Ponce, San Juan, and Yabucoa vicinities.

H04: Dredged material disposal does not significantly alter the benthic community structure of the
area of the designated site areas.

Actions:

- Use sediment profile imaging (SPI) photography to assess sediment and benthos distribution.
-Conduct Tier 3 benthic community structure monitoring in and around the Puerto Rico ODMDSs.

6.3. Monitoring Activities/Techniques

a. Work/Quality Assurance Project Plan

The Puerto Rico Combined ODMDS MP consists of a three-tiered approach to monitor the
physical, chemical and biological effects of dredged material disposed at Puerto Rico ODMDSs,
the components of these tiers are outlined below in Sections 6.3 b. to 6.3 d. Information from these
monitoring activities will be extremely important for determining the potential for unacceptable
impacts to occur due to disposal of dredged material at all designated sites in Puerto Rico. For this

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reason, the data obtained in these surveys must be of high quality. All monitoring work conducted
in accordance with this SMMP must conform to a work/quality assurance project pian (W/'QAPP)
that has been reviewed and approved by USACE-SAJ and EPA-R2.

Monitoring and sampling will occur using a design that allows quantitative analysis of results; the
sampling area may include all or part of one or more of the Puerto Rico ODMDSs, the surroundings
and a reference area geographically removed from the effect of dredged material disposal at the
Puerto Rico ODMDSs. W/QAPPs must reflect the design selected by USACE-SAJ and EPA-R2
for the monitoring tasks.

h. Physical Monitoring

Physical monitoring is designed to determine the physical nature and distribution of dredged
material during and after disposal at each Puerto Rico ODMDS and environs. Measurements of
the physical nature of the material proposed for disposal at each ODMDS allow first order tracking
of physical impacts at the site and support modeling of initial mixing and scafloor deposition
following disposal. SPI will be used to confirm the fate of disposed material. SP1 technology
consists of a frame-mounted apparatus that enables a camera to take a picture of the sediment-
water interface. Useful information can be obtained from the pictures to produce fine scale
description of the spread of material on the bottom and its effect on the environment. Under certain
circumstances, the collection and analysis of sediment samples may be required to fully assess the
final disposition of dredged material discharged at the Puerto Rico ODMDSs.

Tier 1: Dredged Material Testing/Modeling of Disposal Events/Disposal Inspection
Grain size distribution, percent moisture, Atterberg limits, and total organic content of proposed
materials will be measured for all dredged materials proposed for disposal at any of the Puerto
Rico ODMDSs. This data is acquired in support of the evaluation of dredged material proposed
for ocean disposal, as required by the 1991 Green Book and the regional implementation manual
governing ocean disposal of dredged material.

Disposals will be modeled using available computer models (e.g., STFATE) to estimate the
footprint and plume anticipated from a proposed project prior to commencement of disposal at any
of the Puerto Rico ODMDSs. Results will be used to determine disposal locations at each Puerto
Rico ODMDS.

GPS-based automated disposal surveillance technology will be used to ascertain that loading and
disposal of dredged material is occurring at authorized locations within the Puerto Rico ODMDSs,
that material is not being lost en route to the site, and that material has been discharged within the
site boundaries. This technology simultaneously records the draft and position of the vessel to
which it is attached. USACE-approved DM Is will accompany all scows and hopper dredges
disposing at all Puerto Rico ODMDSs.

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Frequency: Testing and modeling conducted prior to each initial MPRSA concurrence. GPS-based
automated disposal surveillance to be conducted with each scow load of material transported for
disposal at Puerto Rico ODMDSs

Tier 2: Sediment profile imagery (SPI)

SPI cameras will be deployed at an array of stations extending outward from the center of the
Puerto Rico ODMDSs to define the footprint of dredged material within and around the sites.
Sampling locations will be determined jointly by EPA-R2 and USACE-SAJ prior to the surveys.
From these images, grain size, sediment color and roughness can be determined and used to
identify and map dredged material on the bottom (images obtained using SPI will also be used in
Tier 2 biological evaluation of the site).

Freq.uencyi SPI records will be collected approximately every five (5) years when a site has been
active. USACE-SAJ and EPA-R2 will generally conduct these investigations, however the
agencies may require surveys to be conducted by permittees (or by the USACE-SAJ), following
disposal of large volume projects.

"°**Note; resu]ts 0f gpj w[j] ke uscci adjust the Tier 1 model and/or disposal operations, as
necessary***

Tier 3: Sediment sampling and analysis

In cases where additional information is required to refine the final disposition of discharged
dredged materials, it may be required to collect sediment samples from within the Puerto Rico
ODMDSs and vicinity for analysis. Sediment samples will be collected from areas of interest
inside and/or outside the Puerto Rico ODMDSs. Grain size distribution, percent moisture and total
organic content of sediment samples will be analyzed. Tier 3 physical monitoring may be
conducted alone or in conjunction with Tier 2/3 chemical (bulk sediment chemistry/body burden
analyses) or Tier 3 biological efforts (benthic community analyses). Samples of the sediment will
be collected using appropriate methods to allow for Tier 2 chemical analysis (bulk sediment
chemistry). Organisms screened from the sediment will be preserved and archived in a manner
that allows Tier 3 biological (benthic community analysis) and/or chemical analyses (body burden
analysis).

Frequency: The need for and the areal extent ot Tier 3 physical monitoring efforts will be
deteimined by Tier 2 physical and biological evaluations (i.e., SPI). In addition, Tier 2 monitoring
may require confirmation/validation using box core samples.

***Note: Sediment samples can also be used to assist in the interpretation of SPI imagery through
examination of features present in the sample***

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Special Studies (Physical)

If high resolution of site bathymetry is required, a survey using mid-water muitibcam sounding
equipment would be conducted at the site. This type of technology is required for obtaining
bathymetry at the Puerto Rico ODMDSs because of the great depth of the water. However, owing
to the high cost of this type of surveying and the expectation that accretion of deposited sediments
will not result in seafloor features (this expectation is based on the results of monitoring of a deep-
water dredged material ocean disposal site off San Francisco, CA) it is envisioned that bathymctric
surveys of the designated sites in Puerto Rico will not be conducted on a regular basis.

If areas that warrant additional concern are identified in the vicinity of any Puerto Rico ODMDS.
arrays of sediment traps may be deployed along the margins of the sites and in the direction of
dredged material transport. Sediment traps can determine if significant quantities of dredged
material are being transported off a site in the direction of the resource of concern. The traps would
have to be deployed for approximately six (6) months of active disposal and would be compared
to sedimentation rates at a reference site, i.e. an area that is within the area of influence of
hydrographic regimes affecting any of the Puerto Rico ODMDSs but that is unaffected by dredged
material disposal. It is not envisioned that sediment traps will need to be deployed on a regular
basis.

Additional studies and technologies may be used as required to address specific data needs but arc
not intended for application on a routine basis. Examples include sub-bottom profiling and side
scan sonar technologies.

Frequency: As needed
c. Biological Monitoring

The review of 96-hour exposures of sensitive marine organisms to the suspended and liquid phases,
and 10-day exposures to the solid phase of dredged material, prior to approval for disposal at any
Puerto Rico ODMDS, provides assurances that no acute toxicity is expected to result from disposal
of dredged materials at any of the Puerto Rico ODMDSs, Determination ot long-term trends in the
benthic community however will require SP1 photography or collection and analysis of benthic
samples. SPI photography provides useful information on the abundances, taxa, and successional
stage of communities present at a given location without the expense of sampling. Under certain
circumstances, actual sampling and analysis of benthic communities in and around the Puerto Rico
ODMDSs may be required.

Tier I: Review of Testing Results/Monitoring for Sensitive and Fisheries Species impacts
Toxicity of all project material proposed for ocean disposal will be assessed using sensitive marine
organisms and the procedures outlined in the 1991 Green Book and the regional implementation
manual governing disposal at Puerto Rico ODMDSs. The results of toxicity tests will be used in
conjunction with the STFATE mixing model to ensure that disposal of the project material does

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not result in violations of the initial mixing requirements following disposal at any Puerto Rico
ODMDS. By prohibiting materials that show acute toxicity in 10-day tests from disposal at the
Puerto Rico ODMDSs, the first level of assurance that adverse impacts to the benthos or to other
marine organisms are not occurring due to the disposal of dredged material is gained. The results
of bulk sediment and bioaccumulation tests will be used by USACE-SAJ and EPA-R2 to identify
and track impacted zones and direct biological sampling efforts at the higher monitoring tiers.
Impacts to sensitive species (e.g., marine mammals, sea turtles, brown pelicans) will be avoided
or minimized using on-board observers; disposal will not be allowed to occur in the presence of
identified sensitive species. Fisheries issues are re-evaluated for the Puerto Rico ODMDSs during
each permit/authorization process. (Impacts to fisheries due to disposal operations are not
anticipated, however if issues regarding fisheries are raised to the USACE-SAJ and/or EPA-R2,
the agencies will consult with resource authorities at NMFS, USFWS and the Commonwealth of
Puerto Rico to review the issues in the context of dredged material disposal at the Puerto Rico
ODMDSs.)

Frequency: Testing and Essential Fish Habitat consultations will be conducted prior to each initial
project 10, concurrence. DMIs will accompany each load of material transported for disposal at a
Puerto Rico ODMDS.

Tier 2: Sediment profile imagery (SPI)

SPI cameras will be used to identify and describe colonization and succession status of
communities inside and outside the Puerto Rico ODMDSs (SPI also serves as Tier 2 physical
monitoring). If, based on comparisons with a reference site, areas outside a site appear to be
biologically impacted by disposal activities then the areal extent of impact will be considered in
the decision to pursue higher tier testing involving sediment sampling (Tier 2 Chemical, Tier 3
Physical/ Chemical/ Biological) and may result in conditions placed on permits or contract
specifications.

Frequency: SPI records will be collected approximately every five (5) years when a Puerto Rico
ODMDS has been active or if modeling predicts exceedance of site boundary. USACE-SAJ and
EPA-R2 will generally conduct these investigations, however the agencies may require surveys to
be conducted by permittees (or by the USACE-SAJ), following disposal of large volume projects.

Tier 3: Benthic sampling and analysis

1 ier 3 biological monitoring entails counting and identifying benthic organisms collected with box
cores to define the status and health of the benthic community (e.g., species identification,
diversity, biomass, trophic status, successional stage). Identification of organisms will be to lowest
piacticable taxonomic unit. Sampling of benthos will occur in a stratified, random design to allow
quantitative analysis of results; the sampling area may include all or part of one or more Puerto
Rico ODMDS, the surroundings, and a reference area geographically removed from the effect of
dredged material disposal.

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Frequency: Impacts within a Puerto Rico ODMDS arc expected due to the disturbances caused
by disposal events. Impacts outside a site, or an absence of progress in the succession or in
colonization of a site for extended periods of time after cessation of disposal, may be cause tor
concern and therefore prompt more definitive study in higher tiers of investigation (i.e., Tier 3
biological, Tiers 2/3 chemical). These indications would be detected using SPI in Tier 2.

***Note: Tier 3 biological monitoring results will also be used to assist in the future interpretation
of features present in SPI imagery***

Special Studies (Biological)

If concerns regarding local populations of fish or other species (e.g., crustacean macrofauna or
sensitive species) arc identified, standardized quantitative surveys and/or body burden surveys
may be required. These surveys would use appropriate gear for capturing the target species (e.g.,
benthic sleds or trawls) and again use a reference area for comparisons.

Frequency: As needed
d. Chemical Monitoring

Chemical analyses of sediments and tissues of organisms exposed to the material proposed for
ocean disposal enables USACE-SAJ and EPA-R2 to assess the presence, nature and bioavailability
of contaminants in dredged material prior to authorizing disposal at any oi the Puerto Rico
ODMDSs. Periodic collection and analysis of sediment and/or resident organism tissue samples
from each active ODMDS and its environs will provide USACE-SAJ and EPA-R2 with
information necessary to confirm that no unacceptable effects are occurring and to identify long
term trends in and around each Puerto Rico ODMDS.

Tier 1: Review of ocean disposal testing results

Bulk sediment chemistry (and a measure of its bioavailability through biological tests) of proposed
dredged material will be determined using the procedures outlined in the 1991 Green Book and
the regional implementation manual governing disposal at an ODMDS prior to commencement of
any disposal of the material at a site.

GPS-based technology will be used to ascertain that loading and disposal of dredged material is
occurring at the authorized locations and that material is not being lost en route to a site. Visual
inspectors (DMIs) will also be deployed.

Frequency: Conducted with every project.

Tier 2: Bulk sediment chemical analysis

Bulk sediment chemistry will be conducted on surface samples collected from each active Puerto
Rico ODMDS and its environs. This data will be used to help determine the areal extent and
distribution of dredged material and specific contaminants. Depending on site management data
needs, the list of contaminants for a given effort may include all contaminants of concern or a few

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contaminants selected for their usefulness as tracers of dredged material or for their ecological
significance. All sediment samples collected for bulk chemistry analysis will also be analyzed for
grain size and total organic carbon content (Tier 3 Physical Monitoring). Modeling of the
theoretical bioaccumulation potential (TBP) of non-polar organic contaminants may be used to
estimate bioavailability and to determine whether there is a potential for bioaccumulation of these
contaminants to unacceptable levels and need for body burden analyses.

Frequency: The need tor Tier 2 chemical monitoring will be determined from the results of SPI
conducted under Tier 2 biological and physical monitoring. Possible triggers include observations
that dredged material appears to have spread significantly outside of a Puerto Rico ODMDS or if
SPI imagery suggests that colonization/succession is not occurring within a site at rates comparable
to reference sites. It is anticipated that these analyses will be conducted on the order of every ten
(10) years.

Tier 3: Analysis of body burdens of contaminants in benthic organisms

Conduct tissue chemical analysis of organisms from benthic samples collected during Tier 3
Physical/Biological Monitoring. The species selected for body burden analyses will reflect their
abundances in collected samples. The substrate in which collected organisms were residing will
also be Scimpled and analyzed [Tier 2 chemical analyses (bulk sediment chemistry) and Tier 3
physical analyses (grain size/TOC/percent moisture)] and tissue lipid levels will be analyzed, to
the maximum extent practicable. Ideally, Tier 3 chemical monitoring will also be conducted
synoptically with an evaluation of the health of the benthic community (Tier 3, biological
monitoring).

Frequency: Tier 3 chemical evaluation will be conducted if T BP modeling using Tier 2 (bulk
sediment) chemistry results suggests that there is the potential for unacceptable bioaccumulation
of contaminants from the dredged material or if sediment levels exceed reference concentrations
by an order of magnitude.

'"¦"^Notc: The results of Tier 3 analysis will be used (in conjunction with Tier 2 chemical (bulk
sediment chemistry) and Tier 3 physical results (TOC)) to refine the inputs used in future TBP
modeling***

e. Frequency ofMonitoring/Need for Higher Tier Investigations

Monitoring at Tier 1 will be conducted prior to Puerto Rico ODMDS disposal for each authorized
project. An anticipated schedule for monitoring is listed in Table 2, however if results indicate the
need for further investigations, any required monitoring (Tiers 2 and 3) would be initiated. Specific
circumstances that "trigger" advancing to higher tiers of monitoring will be decided by EPA-R2
and the USACE-SAJ, in consultation with the Commonwealth of Puerto Rico and other
stakeholders. Existing monitoring data, anticipated or proposed disposals (including the type and
quantity of anticipated material) and other relevant factors will be considered to determine

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appropriate monitoring and management preferences. The actual frequencies and schedules for all
jointly funded monitoring will be by mutual agreement of USACE-SAJ and EPA-R2.

f Monitoring Data Management: Processing, Evaluation and Interpretation

1. Data collected from surveys are to be processed and analyzed by (or as specified by) the
USACE-SAJ and EPA-R2 (or their respective contractors). These data are used to make
management decisions regarding dredged material disposal operations and permit decisions and
must therefore be of reliable quality and in a consistent format.

2. EPA-R2 requires data to be in the National Ocean Data Center (NODC) format, where
appropriate. Survey data will be summarized in a report generated by the action agency. The
report will indicate how the survey related to this SMMP and to previous Puerto Rico ODMDS
surveys. Reports should be provided within 90 days after completion. Exception to the time limit
will be possible if outside contracts stipulate a longer period of time. The report will provide data
interpretations, conclusions, and recommendations relative to needs and goals ot this SMMP.

Data collected will be made available to Federal and Commonwealth agencies and other
stakeholders, as appropriate. Reports summarizing data will also be made available.

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rl able 1: Monitoring Activities and Frequencies for Puerto Rico ODMDSs

Tier 1 monitoring activities will be conducted with each authorized project, as noted in text

Tier 2 - Monitoring Activity

Anticipated
Frequency3

Triggered by...

Responsible Entity

Physical- SPI photography

5 Yrs

Usage

USACE-SAJ/EPA-
R2, or permittee

Biological- SPI photography

5 Yrs

Usage

U S ACE-S AJ/EP A-R2

Chemical- Sediment Analyses

10 Yrs

Tier 2 Physical
and Biological

USACE-SAJ/EPA-R2

Tier 3 - Monitoring Activity

Anticipated
Frequency3

Triggered by...

Responsible Entity

Physical-Sediment Analyses

10 Yrs

Volume, Usage

USACE-SAJ/EPA-R2

Chemical- Benthic Tissue

as needed

Tier 2 Chemical
and Biological

U S ACE-S AJ/EP A-R2

Biological-Community
Analysis

as needed

Tier 2 Chemical
and Biological

US ACE-S AJ/EP A-R2

Special Studies will be performed when deemed necessary to confirm that unacceptable
effects are not occurring or to address any identified deficiencies in comprehension of
baseline.

Listed numbers of years are presented as targets for the anticipated frequency of conducting this
monitoring tier. Targets are not intended to be binding and are dependent on-site use history.
Schedules and frequencies for monitoring activities may vary between individual Puerto Rico
ODMDSs based on differential use and survey histories.

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7. Puerto Rico ODMDS SMMP Review and Revision

MPRSA 102 (c)(3)(F) requires that the SMMP include a schedule for review and revision of the
SMMP which shall not be reviewed and revised less frequently than ten (10) years after adoption
of the plan, and every ten (10) years thereafter.

A need for modification of the use of the AS, MS, PS, SJS, or YS because of unacceptable impacts
is not anticipated due to the management and monitoring outlined in this SMMP. However, should
the results of monitoring surveys indicate that continuing use of any Puerto Rico ODMDS will
lead to unacceptable impacts; the Puerto Rico ODMDS SMMP will incorporate further
restrictions/revisions to alleviate the impacts. This SMMP will be reviewed annually, in
conjunction with monitoring data, to identify necessary revisions for management of the Puerto
Rico ODMDS s.

EPA-R2 and the USACE-SAJ will convene a Scientific Review Panel, consisting predominantly
of professionals from the fields of engineering, oceanography, and representatives of governmental
resource agencies, as necessary, to review this SMMP and relevant monitoring data. Membership
will include qualified representatives from academia, federal agencies, state agencies, public
interest groups, port representatives, and consultants. Attendance at meetings will be by invitation
only.

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References

ANAMAR. 2007. Sediment Sampling and ADCP Retrieval, Caribbean ODMDS. Report prepared
under contract to United States Army Corps of Engineers, Jacksonville District, Contract No.
W912EP-06-P-0121. Project 06-0013. November 2007.

Battelle Ocean Sciences. 1997. Survey Report, for Oceanographic Survey of the Five Puerto Rico
Dredged Material Ocean Disposal Sites. Report prepared under Contract to U.S. Environmental
Protection Agency, Contract No.68-C2-0134, Work Assignment #4-353. May 1997.

Battelle (Battelle Ocean Sciences). 2006. Data Report Puerto Rico Sediment. Prepared for USEPA
Region 2 EPA Project Number EPA-PR-1-M-ODMDS. May 4, 2006.

Battelle (Battelle Ocean Sciences). 2008. Final Data Report Arecibo Harbor. Prepared for USEPA
Region 2 Contract Number W912DS-07-D-0009 Delivery Order 07. October 2008.

Battelle. 2022. Data Package Caribbean Study. Prepared for EPA Region 2 Project Number
G31201 .XX.X2.2014.000004. July 2022.

EPA. 1982. Environmental Impact Statement (EIS) for the San Juan Harbor. Puerto Rico Dredged
Material Disposal Site Designation. Prepared by EPA, HQ. December 1982.

EPA. 1988. Final Environmental Impact Statement (FE1S) for the Designation of Ocean Dredged
Material Disposal Sites for Mayagiiez, Mayagiiez. Ponce, and Yabucoa, Puerto Rico. Prepared by
EPA, HQ. May 1988.

EPA. 2015. Modification of the Designations of the Caribbean Ocean Dredged Material Disposal
Sites. Final Rule. May 22, 2015.

EPA-USACE. 2000. Site Management and Monitoring Plan for the San Juan Harbor, Puerto Rico
Dredged Material Disposal Site. Final. January 5, 2000.

EPA-USACE. 2003. Site Management and Monitoring Plan for the Yabucoa Harbor, Puerto Rico
Dredged Material Disposal Site. Final. January 30, 2003.

EPA-USACE. 2003. Site Management and Monitoring Plan for the Ponce Harbor, Puerto Rico
Dredged Material Disposal Site, Final. November 3, 2003.

EPA-USACE. 2011. Site Management and Monitoring Plan for the San Juan Flarbor, Puerto Rico
Dredged Material Disposal Site. Final. January 6, 2011,

EPA-USACE. 2012. Site Management and Monitoring Plan for the Arecibo Harbor, Puerto Rico
Dredged Material Disposal Site. Final. February 1, 2012.

EPA-USACE. 2019. Site Management and Monitoring Plan for the Mayagiiez Flarbor, Puerto Rico
Dredged Material Disposal Site. Final. September 19. 2019.

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Golder Associates. 1997. Report on the Geophysical Survey of the Puerto Rico Ocean Dredged
Material Disposal Sites. Report prepared for Battelle Ocean Sciences under contract to U.S.
Environmental Protection Agency, HQ. April 1997.

JRB Associates, 1984. Studies and Sample Analyses for San Juan, Puerto Rico Dredged Material
Disposal Site. Report prepared under contract to U.S. Environmental Protection Agency, HQ.
Contract No. 68-0106388, Work Assignment #63. September 1984.

National Weather Service. 2022. Annual Climatological Report, San Juan, Puerto Rico.
https://forecast.wcather.gov/product.php?sitc=SJU&issucdby=SJU&product=CLA&forniat=:Cl&
version--1 &glossary=0.

NOAA. 2020. Endangered and Threatened Species; Critical Habitat for Threatened Caribbean
Corals. Proposed Rule. 50 CFR Parts 223 and 226. November 27, 2020.

NOAA National Ocean Service. 2022. U.S. Coast Pilot 5, Gulf of Mexico, Puerto Rico and
Virgin Islands. Chapter 12: Puerto Rico. P. 491-52. October 2, 2022.
https://nauticalcharts.noaa.gov/publications/coast-pilot/filcs/cp5/CPB5_WEB.pdf.

PRASA (Puerto Rico Aqueduct and Sewer Authority). 2003. Data Summary for the Ponce
RWWTP 301(h) Waiver Program. Final. Volume 1. March 2003.

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Appendix A: Scow Certification Checklist / Transportation and Discharge Log

4/17/2015, MODIFIED BY EPA-R210/2SC022

SCOW CERTIFICATION CHECKLIST /
TRANSPORTATION AND DISCHARGE LOG

USACE PERMIT NUMBER or
CONTRACT NUMBER:

[PROJECT NAME]

DATE:

DREDGING CONTRACTOR:

ODMDS (circle one): Arecibo Mayagiiez Ponce San Juan Yabucoa

CHECKLIST ITEM

RECORD DATA

INIT

IALS

TO BE FILLED OUT AND SIGNED
WITHIN 1 HOUR PRIOR TO
DEPARTURE TIME IN NO. 3

Contractor

Permittee or
Authorized
Representative

1. OCEAN DISPOSAL TRIP NUMBER

2. DEPARTURE DATE TO ODMDS

3. DEPARTURE TIME TO ODMDS

4. DEPARTURE LOCATION (dredge, berth, etc.)

5. SCOW NAME

6. SCOW CAPACITY (CY)

7. TUG NAME

8. DREDGE NAME

9. TUG CAPTAIN'S NAME

10. SCOWPERSON

11. QB£DGED MATERIAL INSPECTOR (DM1) NAME

12. DREDGED MATERIAL SOURCE (area, reach, berth, etc.)

13. APPROXIMATE LOAD VOLUME (CY)

14. DESCRIPTION (E.G., COLOR, WATER CONTENT, TYPE)

15. SCOW FORE DRAFT 1 AFT DRAFT / AVG AND TIME

16. SCOW FORE DRAFT / AFT DRAFT / AVG AND TIME
(must be at least one hour prior to time in No. 16)

17. DRAFT CHANGE (No 17-No. 16)

18. FREEBOARD OF MATERIAL AND/OR WATER SURFACE

19. NWS COASTAL MARIN E FORECAST (out to 20 nm)

DATE/TIME OF
REPORT

[area]

WAVEHTIFTS

WRITE-IN APPROPRIATE FORECAST PERIODS
(i.e. TODAY, TONIGHT, TOMORROW)

WIND SPEED (KTS)

PERIOD (SEC)

COMMENTS:

20. SCOW TRACKING SYSTEM FUNCTIONING?

I 1 ^

I 1

21. HELMSMAN DISPLAY FUNCTIONING ON TUG?

I 1 YES

| | NO

22. GPS FUNCTIONING ON TUG?

I 1 ygg

| | NO

23. COMMENTS

24. CONTRACTOR'S SIGNATURE

PRINT NAME:

TIME /DATE:

25. PERMITTEE/REPRESENTATIVE'S SIGNATURE

PRINT NAME:

TIME / DATE:

THE DECISION TO PROCEED TO THE OCEAN DISPOSAL SITE, BASED UPON ALL AVAILABLE DATA INCULDING THE RECORDING AND
CALCULATIONS ON THIS FORM, IS ALSO SUBJECT TO THE PROFESSIONAL JUDGEMENT OF THE TUG CAPTAIN AS TO THE SAFETY
OF THE CREW AND VESSEL.

TUG CAPTAIN'S SIGNATURE: |

PRINT NAME:

TIME / DATE:

PAGE 1 OF 2

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DATE/TIME START OF DUMP (DOORS OPEN):.

BARGE X OR LONGITUDE:

BARGE Y OR LATITUDE:

TUG X OR LONGITUDE:

TUG Y OR LATITUDE:

DATE/TIME OF DISPOSAL VESSEL CLOSURE (DOORS CLOSE):.

BARGE X OR LONGITUDE:

BARGE Y OR LATITUDE:

TUG X OR LONGITUDE:

TUG Y OR LATITUDE:

MARINE MAMMALS SIGHTED: (YES / NO) TYPE OF MARINE MAMMAL:.
SEA TURTLES SIGHTED: (YES I NO)

ADDITIONAL COMMENTS. PROBLEM DESCRIPTIONS. ETC.

PAGE 2 OF 2

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APPENDIX B - GENERIC SPECIAL CONDITIONS FOR MPRSA SECTION 103 PERMITS

1. DISPOSAL OPERATIONS

A. For this permit, the term dredged materia! shall mean: any material excavated or dredged from
navigable waters of the United States. The term disposal operations shall mean: navigation of any
vessel used in disposal operations, transportation of dredged material from the dredging site to the
Ocean Dredged Material Disposal Site (ODMDS) specifically the Arecibo Harbor ODMDS (AS),
Mayaguez Harbor ODMDS (MS), Ponce Harbor ODMDS (PS), San Juan Harbor ODMDS (SJS), or
Yabucoa Harbor ODMDS (YS) (collectively referred to as 'the Puerto Rico ODMDSs') proper disposal of
dredged material at the disposal area within any of the Puerto Rico ODMDSs, and transportation of
the hopper dredge or disposal barge or scow back to the dredging site. All dredged material shall be
transported to and deposited in the disposal area(s) designated in the permit When dredged
material is disposed, no portion of the hopper dredge or disposal barge or scow shall be outside of
the boundaries of the [INSERT SPECIFIC Puerto Rico ODMDS] and following site use restrictions as
defined in Paragraph C below.

B. The permittee or the contractor shall notify the local Coast Guard Captain of the Port at least seven
(7) business days prior to the first ocean disposal. The notification will be by certified mail with a copy
to the Corps of Engineers' Regulatory Project Manager. The following information shall be included in
the notification:

i. Project designation; Corps of Engineers' Project Manager's name and permit number; and, if
applicable, the Contractor's name, address, and telephone number.

ii. Port of departure.

iii. Location of ocean disposal area (and disposal zone(s)).

iv. Schedule for ocean disposal, giving date and time proposed for first ocean disposal.

C The Puerto Rico ODMDSs are rectangles with corner coordinates included in the table below
(NAD27):

Site

Degrees, Minutes, Seconds

Dumping Restrictions

18° 31' 00" N 66° 43' 47" W

Disposal activity is restricted to
the northern half of the AS

18° 31' 00" N 66° 42'45" W

18° 30' 00" N 66° 42' 45" W

18° 30' 00" N 66° 43' 47" W

18° 15' 30" N 67° 16' 13" W

None

18° 15'30" N 67° 15'11" W

18° 14'30" N 67° 16' 13" W

18° 14' 30" N 67° 15'11" W

17°54' 00" N 66° 37'43" W

Disposal activity is restricted to
the southern half of the PS

17° 54' 00" N 66" 36'41" W

17° 53' 00" N 66° 36' 41" W

17°53' 00" N 66° 37' 43" W

SJS

18° 30' 10" N 66° 09' 31" W

Disposal activity is restricted to
the northern half of the SJS

18° 30' 10" N 66° 08' 29" W

18° 31' 10" N 66° 08' 29" W

18° 31' 10" N 66° 09' 31" W

18° 03' 42" N 65° 42' 49" W

Disposal activity is restricted to
the southeastern quadrant of the
YS

18° 03' 42" N 65° 41' 47" W

18° 02' 42" N 65° 41' 47" W

18° 02' 42" N 65° 42' 49" W

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D. Due to the site use restrictions in the table in Special Condition C Dumping Restrictions, the
usable areas in the Puerto Rico ODMDSs are rectangles with corner coordinates included in the
table below:

Usable Areas in Puerto Rico ODMDSs

Site

Corner

Degrees, Minutes, Seconds (NAD27)

18° 31' 00" N 66° 43' 47" W

18° 31' 00" N 66° 42' 45" W

18° 30' 30" N 66° 43' 47" W

18° 30' 30" N 66° 42' 45" W

18° 15'30" N 67° 16' 13" W

18° 15'30" N 67° 15'11" W

18° 14' 30" N 67° 16' 13" W

18° 14' 30" N 67° 15' 11" W

17°53'30" N 66° 37' 43" W

17° 53' 30" N 66° 36'41" W

17° 53'00" N 66° 37'43" W

17° 53' 00" N 66° 36'41" W

SJS

18° 31' 10" N 66° 09' 31" W

18° 31' 10" N 66° 08' 29" W

18° 30' 40" N 66° 09' 31" W

18° 30' 40" N 66° 08' 29" W

18° 03'12" N 65° 42' 18" W

18° 03' 12" N 65° 41' 47" W

18° 02' 42" N 65° 42' 18" W

18° 02' 42" N 65° 41' 47" W

E. During transit to and from a Puerto Rico ODMDS, disposal scows or barges must follow the transit
route restrictions in the table below:

Site

Scow Transit Restrictions

Required to pass east of 18° 29.700 N/ 66° 42.800 W and west of 18°
29.700 N/ 66° 42.550 W

None

For transit from Guayanilla: required to maintain a line of transit south of
17° 57.66 N and 66° 45.54 W and 17° 56.4 N and 66° 43.2 W

SJS

None

Required to maintain a line of transit south of 65° 43.62 W and
18° 01.38 N

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F. Vessel speeds must not exceed 3 knots during discharge, weather and sea conditions permitting.

G, The permittee shall use an electronic positioning system to navigate to and from a Puerto Rico
ODMDS. For this section of the permit, the electronic positioning system is defined as: a differential
global positioning system (DGPS) or a microwave line of site system. If the electronic positioning
system fails or navigation problems are detected, all disposal operations shall cease until the failure
or navigation problems are corrected.

H, The permittee shall certify the accuracy of the electronic positioning system proposed for use during
disposal operations at a Puerto Rico ODMDS. The certification shall be accomplished by direct
comparison of the electronic positioning system's accuracy with a known fixed point.

I, Disposal vessels must be observed for potential leaking of dredged material, as indicated by visible
turbidity plumes {muddier water) behind the vessel, or significant change (of greater to or equal than
1.5 feet) in the vessel draft and/or bin level. Excessive leakage/spillage or other loss of material
means an apparent loss of dredged material greater than limits established in the most current
Section 103 Concurrence, Section 103 permit, and/or described within USACE contract specifications
(in any event loss of dredged material is not to exceed 1.5 feet). Disposal vessels exhibiting gradual
changes (of at least one (1) foot) in draft and/or bin level changes may be leaking, and this must be
noted on the Transportation and Discharge Log (TDL), and also must be reported to USACE
immediately and forwarded to EPA.

i. The Contractor has notified USACE who will forward to EPA a report of the event.

ii. An assessment and explanation of the event has been provided to USACE and forwarded to
EPA.

iii. The scow has been inspected and the results of that inspection have been provided to
USACE and a copy forwarded to EPA.

iv. Necessary repairs or other corrective actions completed, and the results provided to USACE
and forwarded to EPA.

v. A draft stabilization (scow leak prevention) protocol has been instituted. The purpose of the
protocol is to document that excessive leakage is not occurring prior to departing the
dredging area for the ODMDS.

Transportation of dredged material to the ODMDS may not begin or continue when weather and sea
state conditions interfere with safe transportation and create risk of spillage, leaks, or other loss of
dredged material during transit. Disposal vessels cannot be loaded beyond a level at which dredged
material would be expected to be spilled in transit under anticipated sea state conditions.

If gradual draft and/or bin level changes appear to occur regularly, or if a significant change in vessel
draft and/or bin level occurs during any trip, the contractor must examine the disposal vessel as soon
as possible to determine if a leak is present. If a situation arises that requires emergency dumping of
dredged material, all reasonable efforts to dump outside of navigation channels must be made by the
contractor. The disposal vessel draft and bin level values, as recorded by the vessel sensors, must be
documented in the TDL by the Dredged Material Inspectors (DMIsi and reported within five (5)
minutes of departing from the dredge site, while in transit, and at the designated placement location,
just prior to container vessel door opening.

-------
period to document that leakage is not occurring. During this time, draft measurements shall be
provided in the Daily Quality Control Report. No disposal vessel trips may transit to the site with a
problematic scow until the protocol's draft change thresholds have been instituted by the Contractor
and documented in the Daily Quality Control Report.

J. When dredged material is disposed, no portion of the hopper dredge or disposal barge or scow shall
be outside of the boundaries of a Puerto Rico ODMDS and during transit and disposal must follow site
use area and transit restrictions as defined in Special Conditions D and E.

K. The permittee shall use an electronic tracking system (ETS) that will continuously track the horizontal
location and draft condition of the disposal vessel (hopper dredge or disposal barge or scow) to and
from a Puerto Rico ODMDS for each trip. Data shall be collected at least every 500 feet during travel
to and from the ODMDS and every minute or every 200 feet of travel, whichever is smaller, while
approaching within 1,000 feet and within the ODMDS. The permittee shall use Puerto Rico State
Plane or latitude and longitude coordinates (North American Datum 1983). State Plane coordinates
shall be reported to the nearest foot and latitude and longitude coordinates shall be reported as
decimal degrees out to 6 decimals. Westerly longitudes are to be reported as negative. Draft readings
shall be recorded in feet out to 2 decimals. The permittee or contractor shall immediately notify
USACE in the event of an ETS failure and dredging options for the vessel shall CEASE until the ETS is
fully operational.

[USE LANGUAGE BELOW FOR NON DQM PROJECTS]

ETS Standards

The Contractor shall provide automated (computer) system and components to perform in accordance
with USACE Engineering Manual (EM) 1110-1-2909. A copy of the EM can be downloaded from the
following web site:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_1110-l-

2909.pdf

Horizontal location shall have an accuracy equal to or better than a standard DGPS system, equal to or
better than plus/minus 10 feet (horizontal repeatability). Vertical (draft) data shall have an accuracy of
plus/minus 0.5 foot. Horizontal location and vertical data shall be collected in sets and each data set shall
be referenced in real-time to date and local time (to nearest minute), and shall be referenced to the same
state plane coordinate system used for the survey(s) shown in the contract plans. The ETS shall be
calibrated, as required, at the work location before disposal operations have started, and at 30-day
intervals while work is in progress. The Contractor shall provide the USACE Regulatory Project Manager
and the Chief of the Dredging, Sediments and Oceans Section (DSOS) and/or their designee in EPA Region
2 access to the ETS in real time in order to observe its operation. Disposal operations will not commence
until the ETS to be used by the Contractor is certified by the Regulatory Project Manager to be operational
and within acceptable accuracy. It is the Contractor's responsibility to select a system that will operate
properly at the work location. The complete system shall be subject to the Regulatory Project Manager's
approval.

ETS Data Requirements and Submissions

A dredging and disposal cycle constitutes the time from commencement of dredging to
complete discharge of the material at the ODMDS. The ETS for each disposal vessel
shall be in operation for all dredging and disposal activities and shall record the full

-------
round trip for each dredging and disposal cycle. The USAGE Regulatory Project Manager
shall be notified immediately in the event of ETS failure and all dredging and disposal
operations for the vessel shall cease until the ETS is fully operational.

2. Data shall be collected, during the dredging and disposal cycle, every 500 feet (at least)
during travel to the disposal area, and every minute or every 200 feet, whichever is
smaller, while approaching within 1,000 feet of and within the disposal area.

3. Plot Reporting (2 types):

i. Tracking Plot - For each disposal event, data collected while the disposal
vessel is in the vicinity of the disposal area shall be plotted in chart form, in
200-foot intervals, to show the track and draft of the disposal vessel
approaching and traversing the disposal area. The plot shall identify the exact
position at which the dump commenced.

ii. Scatter Plot - Following completion of all disposal events, a single and
separate plot will be prepared to show the exact disposal locations of all
dumps. Every plotted location shall coincide with the beginning of the
respective dump. Each dump shall be labeled with the corresponding Trip
Number and shall be at a small but readable scale. If all data is provided in
Extensible Markup Language (XML) format, scatter plots and summary tables
will not be necessary.

4. Summary Table - A spreadsheet which contains all of the information in the log(s)
above shall be prepared and shall correspond to the exact dump locations represented
on the Scatter Plot. If all data is provided in XML format, scatter plots and summary
tables will not be necessary.

5. All digital ETS data shall be furnished to the USAGE Regulatory Project Manager within
24 hours of collection. The digital plot files should be in an easily readable format such
as Adobe Acrobat PDF file, Microstation DGN file, JPEG, BMP, TIFF, or similar. The hard
copy of the ETS data and tracking plots shall be both maintained onboard the vessel
and submitted to the USAGE Regulatory Project Manager on a weekly basis.

[FOR DQM PROJECTS]

See: https://www.sam.usace.army.mil/Missions/Spatial-Data-Branch/Dredging-Quality-

Management/Specifications/Dredge-Specifi cations/

For scows, the monitoring profile, Tons Dry Solid (TDS) profile, or Ullage profile shall be used.

L. To help ensure proper discharge within the ODMDS, and reduce the need for loaded scows to return
to the dredging site, the following discharge protocol must be followed:

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1. Prior to leaving the dredging site, scows must be inspected to ensure correct operation of
mechanical features. Scows must also be inspected for the presence of any conditions that may
cause navigation problems. The scow radio-control system (if used on the project) and scow
monitoring systems must be inspected for correct operation. If any problems with the scow,
radio-control system, or scow monitoring systems are encountered, corrections must be made
before offshore transport of the scow may proceed.

2. If a situation arises that requires emergency dumping of dredged material outside of the 0DMD5,
all reasonable efforts to dump outside of navigation channels and into areas deeper than 200
feet must be made.

3. If radio communication with the scow is lost, preventing operation of radio-controlled scows, a
person must board the scow to either fix the problem or operate the scow. Persons must only
ride aboard scows certified for passengers by the U.S. Coast Guard. Extreme care must be taken
when boarding a scow at sea. Anyone on a scow must have at least two working radios. Voice
contact, through radio or direct communication, must be maintained with the scowperson while
riding aboard the scow. Scow opening must only occur when a direct, voice command has been
given to the scowperson, or radio communication with radio-controlled scows is maintained. If
the radio control system cannot be fixed, the scow must be towed to the designated discharge
location and manually discharged. If the scow's engine cannot be operated by the radio-control
system, and the scow is boarded to attempt to fix the engine, the scow must be located at the
designated discharge position if the scow's engine is started. Past use of radio-controlled scows
revealed that manually starting a scow's engine after a failed radio-controlled engine start could
cause the "scow open" command to be completed, causing the scow to dump at the location of
engine startup. Any problems with a radio control system must be fixed prior to subsequent use
of the scow.

a) Voice contact, through radio or direct communication, must be maintained with the
scowperson (if used) for the duration of trips. Scow opening must only occur when a direct,
voice command has been given to the scowperson, or, in the case of radio-controlled scows,
direct radio communication with the scow is maintained. A backup radio must be onboard
all manned scows. Hand signals must never be used to direct the scowperson regarding
scow opening/closing. Radio checks with the scowperson must be performed prior to
departing the dredge site and enroute in the vicinity of the harbor mouth. Manned scows
must not be transported to the discharge location without at least two working modes of
radio communication. Radios must have adequate power sources and extra sets of batteries
must be kept with any battery-operated radios. DMIs will note in their logs the status of
radio checks made prior to site departure and enroute to the discharge location, in the
comments section of the log form.

b) Scows containing dredged material must not be towed from the dredging site for ocean
discharge unless all of the following items are present and fully operational aboard the
towing vessel:

Legible copy of the permit conditions and, if applicable, contract specifications, as
related to scow loading, transport, and dredged material discharge;

Primary Scow Monitoring System (PSMS) and Backup Scow Monitoring System (BSMS),
including bin level sensor on scow

-------
Differential Global Positioning System (DGPS) navigation system aboard tug
Radio-control system for scow operation {if scowperson is not used)

Radio and backup radio system aboard scow (if scowperson is used)

Fathometer aboard tug

a fully operational fax machine or internet connection must be onboard the towing vessel

for use by the DMI within 2 hours of each discharge event at the ODMDS

an 8" -12" wide protractor with degrees printed or embossed on the curved surface

4" - 8" long dividers for scaling distances off of maps and charts

scow loading tables for each scow used to transport dredged material

access to the towing vessel DGPS, fathometer, and radar

fully operable personal cellphones in possession of each DMI at all times with active
phone numbers unique to each phone available for placing and receiving calls at all times
suitable location for completing paperwork associated with DMI duties
Full compliance with any other contract or regulatory requirements related to dredged
material discharge

4. Scow monitoring equipment, discharge guidelines, and other aspects of dredged material
discharge at the ODMDS may be changed. Notice of any changes will be provided to the
dredging contractor for implementation as soon as practicable.

5. Transportation and discharge log (TDL) forms will be completed electronically or by hand within
30 minutes of discharge at the ODMDS, An electronic copy of the TDL form is to be emailed to
EPA-R2 and USACE-SAJ within two (2) hours of scow's return from ODMDS. Printed copies of TDL
forms must be signed by the DMI after completion of each trip and placed in a file/folder for
submission to USACE-SAJ after project completion or when the DMI permanently or temporarily
discontinues working on the project.

6. DMIs who have been approved by USACE-SAJ but have not previously worked on a New York
District or USACE-SAJ (i.e., EPA-R2) dredging project, must be accompanied by scow monitoring
contractor personnel, or by a DMI who has been working on the project, during the first two (2)
trips the DMI works on the project. DMIs who have previously worked on at least one New York
District or USACE-SAJ (i.e., EPA-R2) dredging project, but who have not worked on this project,
must be accompanied by scow monitoring contractor personnel during their first trip serving as a
DMI on this project.

7. Possible changes in the discharge guidelines may be provided after dredging begins.

8. To help ensure that dredged material is transported and placed at the ODMDS in accordance
with the guidelines described above, the attached checklist has been prepared (Appendix D).
Items in the checklist must be reviewed by the DMI at the dredging site, while underway, and at
the ODMDS. Each item that is pertinent to the trip must be answered with a "YES" or "NO"
answer, along with other information specific to a checklist item. Any item on the checklist that
receives a "NO" answer must be reported immediately to the USACE-SAJ at (INSERT NAME OF
CONTACT], and a dredging contractor representative not onboard the towing vessel. If the "NO"
answer is related to the scow monitoring systems, the scow monitoring contractor must also be
notified immediately at (INSERT NAME OF CONTACT!. Each discharge trip must use a checklist,
to be completed by the DMI working aboard the towing vessel. Checklists must be signed and
dated by the DMI and placed in a file. All original, signed checklists associated with this project
must be submitted to the USACE-SAJ on a weekly basis for the duration of the project. Checklists
must be hand delivered, mailed, or emailed to: U.S. Army Corps of Engineers (Corps), Regulatory
Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-0019, or to SAJ-
RD@usace.army.mil. Original copies of TDL forms for each trip to the ODMDS, signed and dated

-------
by the DMI on duty during each trip, must be submitted to [INSERT NAME OF CONTACTl at the
above address at the completion of the project.

9. Switching of tugs once an ocean discharge trip has begun must not occur. Towing of any scow
loaded with dredged material must be monitored by the scow monitoring equipment/software
and documented by a DMI riding aboard the towing vessel.

10. While underway, dredging contractor must adhere to all measures required in Appendix E of this
SMMP (i.e., NMFS, Southeast Region Vessel Strike Avoidance Measures and Reporting for
Mariners)

11. Upon arrival at the ODMDS, a qualified dedicated observer must maintain a watch at all times for
marine mammals and sea turtles. Discharge of dredged material may not occur when there is a
turtle or mammal present at the site; discharge must not occur until the sighted animal has left
the disposal area. Animals may not be harassed in any manner to make them leave the area.

12. Failure to adhere to the specifications discussed in these discharge guidelines may result in
revocation of the dredging permit and/or a monetary fine.

13. Materials deposited outside of the usable site area specified in Section C will be classified as
misplaced material and will result in a suspension of dredging operations. Redredging of such
materials will be required, where applicable, as a prerequisite to the resumption of dredging
unless the USAGE determines that redredging of such material is not practical. Misplaced loads
may be subject to penalty underthe Marine, Protection, Research and Sanctuaries Act. In
addition, the Contractor must notify USACE and the EPA-R2 within 24 hours of a misplaced dump
or any other violation of the SMMP. Corrective actions must be coordinated with USACE and
EPA-R2 and implemented prior to the next dump and the USACE and EPA-R2 must be informed
of actions taken.

14. If there are any questions pertaining to the guidance given in this document, or additional
clarification of procedures is needed, please contact either Julia Perzley of the EPA at (212) 637-
3798 or Mark Reiss of the EPA at (212) 637-3799.

2. REPORTING REQUIREMENTS

A. All reports, documentation and correspondence required by the conditions of this permit shall be
submitted to the following addresses: U.S. Army Corps of Engineers (Corps), Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-0019.

B. The Permittee shall reference this permit number, [INSERT PERMIT NUMBER], on all submittals.

C. At least 15 days before initiating any dredging operations authorized by this permit, the Permittee
shall provide to the Corps a written notification of the date of commencement of work authorized by
this permit.

D. The permittee shall send one (1) copy of the disposal summary report to the Jacksonville District's
Regulatory Branch documenting compliance with all general and special conditions defined in this
permit. The disposal summary report shall be sent within 90 days after completion of the disposal
operations authorized by this permit. The disposal summary report shall include the following
information:

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1. The report shall indicate whether ail general and special permit conditions were met. Any
violations of the permit shall be explained in detail.

2. The disposal summary report shall include the following information: dredging project title;
dates of disposal; permit number and expiration date; name of contractor(s) conducting the
work, name and type ofvessel(s) disposing material in the ODMDS; disposal timeframes for
each vessel; volume disposed at the ODMDS {as paid in situ volume, total paid and un paid in
situ volume, and gross volume reported by dredging contractor), number of loads to
ODMDS, type of material disposed at the ODMDS; identification of any misplaced material
(outside disposal release zone or the ODMDS boundaries); and a narrative discussing any
violation(s) of the MPRSA § 103 permit.

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APPENDIX C - TYPICAL USACE CONTRACT LANGUAGE FOR IMPLEMENTING
OCEAN DREDGED MATERIAL DISPOSAL SITE MANAGEMENT AND MONITORING

PLAN REQUIREMENTS

A. DISPOSAL OF DREDGED MATERIAL

1. GENERAL

For these special conditions, the term dredged material shall mean: any material excavated or dredged from
navigable waters of the United States and the term disposal operations shall mean: navigation of any vessel
used in disposal of operations, transportation of dredged material from the dredging site to the Ocean
Dredged Material Disposal Site (ODMDS), specifically the Arecibo Harbor ODMDS (AS), Mayaguez Harbor
ODMDS (MS), Ponce Harbor ODMDS (PS), San Juan Harbor ODMDS (SJS), or Yabucoa Harbor ODMDS (YS)
(collectively referred to as 'the Puerto Rico ODMDSs'), proper disposal of dredged material at the disposal area
within any of the Puerto Rico ODMDSs, and transportation of the hopper dredge or disposal barge or scow
back to the dredging site.

All material dredged shall be transported to and deposited in the disposal area(s) designated on the drawings.
The approximate maximum and average distance to which the material will have to be transported are as
follows:

Disposal Area Maximum Distance Statute Average Distance

Miles Statute Miles

[ODMDS SPECIFIC TO
PROJECT]

[XX miles] [XX miles]

B. Ocean Disposal Notification

The Corps or the contractor shall notify the local Coast Guard Captain of the Port at least 5 calendar days prior
to the first ocean disposal. The notification will be by certified mail with a copy to the USACE Contracting Officer
(Contracting Officer). The following information shall be included in the notification:

i. Project designation; Contracting Officer's name and contract number; and, the
Contractor's name, address, and telephone number.

ii. Port of departure.

iii. Location of ocean disposal area (and disposal zone(s)).

iv. Schedule for ocean disposal, giving date and time proposed for first ocean disposal.

C. Ocean Dredged Material Disposal Sites (ODMDS)

1. The material excavated shall be transported to and deposited in the [INSERT SPECIFIC Puerto Rico
ODMDS] as shown on the drawings. When dredged material is disposed, no portion of the hopper
dredge or disposal barge or scow shall be outside of the boundaries of the [INSERT SPECIFIC Puerto Rico
ODMDS] and following site use restrictions as defined in Section C.2. below.

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The Puerto Rico ODMDSs are rectangles with corner coordinates included in the table below (NAD27):

Site

Degrees, Minutes, Seconds

Dumping Restrictions

18° 31' 00" N 66° 43' 47" W

Disposal activity is restricted to the northern half of
the AS

18° 31' 00" N 66° 42'45" W

18° 30' 00" N 66° 42' 45" W

18° 30' 00" N 66° 43' 47" W

18° 15'30" N 67° 16' 13" W

None

18° 15'30" N 67° 15' 11" W

18° 14'30" N 67° 16'13" W

18° 14'30" N 67° 15'11" W

17"54'00" N 66° 37'43" W

Disposal activity is restricted to the southern half of
the PS

17° 54' 00" N 66° 36'41" W

17° 53'00" N 66° 36'41" W

17° 53'00" N 66° 37' 43" W

SJS

18° 30' 10" N 66° 09' 31" W

Disposal activity is restricted to the northern half of

the SJS

18° 30' 10" N 66° 08' 29" W

18° 31* 10" N 66° 08' 29" W

18° 31' 10" N 66° 09' 31" W

18° 03' 42" N 65° 42' 49" W

Disposal activity is restricted to the southeastern
quadrant of the YS

18° 03' 42" N 65° 41' 47" W

18° 02' 42" N 65° 41' 47" W

18° 02' 42" N 65° 42' 49" W

2, Due to the site use restrictions in Special Condition C.l, the usable areas in the Puerto Rico
ODMDSs are rectangles with corner coordinates included in the table below:

Usable Areas in Puerto Rico ODMDSs

Site

Comer

Degrees, Minutes, Seconds (NAD27)

18° 31' 00" N 66° 43' 47" W

18° 31' 00" N 66° 42' 45" W

18° 30' 30" N 66° 43' 47" W

18° 30' 30" N 66° 42' 45" W

18° 15'30" N 67° 16' 13" W

18° 15'30" N 67° 15" 11" W

18° 14'30" N 67° 16'13" W

18° 14'30" N 67° 15' 11" W

17° 53* 30" N 66° 37' 43" W

17° 53' 30" N 66° 36'41" W

17° 53' 00" N 66° 37' 43" W

17° 53' 00" N 66° 36'41" W

SJS

18° 31' 10" N 66° 09' 31" W

18° 31' 10" N 66° 08' 29" W

18° 30' 40" N 66° 09' 31" W

18° 30' 40" N 66° 08' 29" W

18° 03' 12" N 65° 42' 18" W

18° 03' 12" N 65° 41' 47" W

18° 02' 42" N 65° 42' 18" W

18° 02' 42" N 65° 41'47" W

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3. During transit to and from a Puerto Rico ODMDS, disposal scows or barges must follow the transit
route restrictions in the table below:

Site

Scow Transit Restrictions

Required to pass east of 18° 29.700 N/ 66° 42.800 W and west of 18°
29.700 N/ 66° 42.550 W

None

For transit from Guayanilla: required to maintain a line of transit south of
17° 57.66 N and 66° 45.54 W and 17° 56.4 N and 66° 43.2 W

SJS

None

Required to maintain a line of transit south of 65° 43.62 W and
18° 01.38 N

4. To help ensure proper discharge within the ODMDS, and reduce the need for loaded scows to return

to the dredging site, the following discharge protocol must be followed:

a) Prior to leaving the dredging site, scows must be inspected to ensure correct operation of
mechanical features. Scows must also be inspected for the presence of any conditions that may
cause navigation problems. The scow radio-control system (if used on the project) and scow
monitoring systems must be inspected for correct operation. If any problems with the scow,
radio-control system, or scow monitoring systems are encountered, corrections must be made
before offshore transport of the scow may proceed.

b) Vessel speeds must not exceed 3 knots during discharge, weather and sea conditions permitting.

c) If a situation arises that requires emergency dumping of dredged material outside of the ODMDS,
all reasonable efforts to dump outside of navigation channels and into areas deeper than 200
feet must be made.

d) If radio communication with the scow is lost, preventing operation of radio-controlled scows, a
person must board the scow to either fix the problem or operate the scow. Persons must only
ride aboard scows certified for passengers by the U.S. Coast Guard. Extreme care must be taken
when boarding a scow at sea. Anyone on a scow must have at least two working radios. Voice
contact, through radio or direct communication, must be maintained with the scowperson while
riding aboard the scow. Scow opening must only occur when a direct, voice command has been
given to the scowperson, or radio communication with radio-controlled scows is maintained. If
the radio control system cannot be fixed, the scow must be towed to the designated discharge
location and manually discharged following steps (d) through (f). If the scow's engine cannot be
operated by the radio-control system, and the scow is boarded to attempt to fix the engine, the
scow must be located at the designated discharge position if the scow's engine is started. Past
use of radio-controlled scows revealed that manually starting a scow's engine after a failed radio-
controlled engine start could cause the "scow open" command to be completed, causing the
scow to dump at the location of engine startup. Any problems with a radio control system must
be fixed prior to subsequent use of the scow.

e) Voice contact, through radio or direct communication, must be maintained with the scowperson
(if used) for the duration of trips. Scow opening must only occur when a direct, voice command

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has been given to the scowperson, or, in the case of radio-controlled scows, direct radio
communication with the scow is maintained. A backup radio must be onboard all manned
scows. Hand signals must never be used to direct the scowperson regarding scow
opening/closing. Radio checks with the scowperson must be performed prior to departing the
dredge site and enroute in the vicinity of the harbor mouth. Manned scows must not be
transported to the discharge location without at least two working modes of radio
communication. Radios must have adequate power sources and extra sets of batteries must be
kept with any battery-operated radios. Dredged Material Inspectors (DMIs) will note in their logs
the status of radio checks made prior to site departure and enroute to the discharge location, in
the comments section of the log form.

f) Scows containing dredged material must not be towed from the dredging site for ocean
discharge unless all of the following items are present and fully operational aboard the towing
vessel:

Legible copy of the contract specifications, as related to scow loading, transport, and
dredged material discharge;

A legible copy of the Discharge Guidelines and ODMDS boundary coordinates received
at the pre-construction meeting, or any additional instructions or guidelines as related
to scow loading, transport, and dredged material discharge
- Primary Scow Monitoring System (PSMS) and Backup Scow Monitoring System (BSMS),
including bin level sensor on scow

Differential Global Positioning System (DGPS) navigation system aboard tug
Radio-control system for scow operation (if scowperson is not used)

Radio and backup radio system aboard scow (if scowperson is used)

Fathometer aboard tug

a fully operational fax machine or internet connection must be onboard the towing vessel
for use by the SAJ Inspector within 2 hours of each discharge event at the ODMDS
an 8" -12" wide protractor with degrees printed or embossed on the curved surface
4" - 8" long dividers for scaling distances off of maps and charts
scow loading tables for each scow used to transport dredged material
access to the towing vessel DGPS, fathometer, and radar

fully operable personal cellphones in possession of each DMI at all times with active
Phone numbers unique to each phone available for placing and receiving calls at all times
suitable location for completing paperwork associated with DMI duties
Full compliance with any other contract or regulatory requirements related to dredged
material discharge.

g) Scow monitoring equipment, discharge guidelines, and other aspects of dredged material
discharge at the ODMDS may be changed. Notice of any changes will be provided to the
dredging contractor for implementation as soon as practicable.

h) Transportation and discharge log (TDL) forms will be completed electronically or by hand within
30 minutes of discharge at the ODMDS. An electronic copy of the TDL form is to be emailed to
EPA-R2 and USACE-SAJ within two hours of scow's return from ODMDS. Printed copies of TDL
forms must be signed by the DMI after completion of each trip and placed in a file/folder for
submission to USACE-SAJ after project completion or when the DMI permanently or temporarily
discontinues working on the project.

i) DMIs who have been approved by USACE-SAJ but have not previously worked on a New York
District or USACE-SAJ (i.e., EPA-R2) dredging project, must be accompanied by scow monitoring
contractor personnel, or by a DMI who has been working on the project, during the first two (2)

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trips the DMI works on the project. DMIs who have previously worked on at least one New York
District or USACE-SAJ (i.e., EPA-R2) dredging project, but who have not worked on this project,
must be accompanied by scow monitoring contractor personnel during their first trip serving as a
DMI on this project.

j) Possible changes in the discharge guidelines may be provided after dredging begins.

k) To help ensure that dredged material is transported and placed at the ODMDS in accordance
with the guidelines described above, the attached checklist has been prepared (Appendix D).
Items in the checklist must be reviewed by the DMI at the dredging site, while underway, and at
the ODMDS. Each item that is pertinent to the trip must be answered with a "YES" or "NO"
answer, along with other information specific to a checklist item. Any item on the checklist that
receives a "NO" answer must be reported immediately to the USACE-SAJ at [INSERT NAME OF
CONTACT], and a dredging contractor representative not onboard the towing vessel. If the "NO"
answer is related to the scow monitoring systems, the scow monitoring contractor must also be
notified immediately at [INSERT NAME OF CONTACT], Each discharge trip must use a checklist,
to be completed by the DMI working aboard the towing vessel. Checklists must be signed and
dated by the DMI and placed in a file. All original, signed checklists associated with this project
must be submitted to the USACE-SAJ on a weekly basis for the duration of the project. Checklists
must be hand delivered or mailed to: [INSERT USACE ADDRESS], Original copies of TDL forms for
each trip to the ODMDS, signed and dated by the DMI on duty during each trip, must be
submitted to [INSERT NAME OF CONTACT] at the above address at the completion of the project.

I) Switching of tugs once an ocean discharge trip has begun must not occur. Towing of any scow
loaded with dredged material must be monitored by the scow monitoring equipment/software
and documented by a DMI riding aboard the towing vessel.

m) While underway, dredging contractor must adhere to all measures required in Appendix E of this
SMMP (i.e., NMFS, Southeast Region Vessel Strike Avoidance Measures and Reporting for
Mariners).

n) Upon arrival at the ODMDS, a qualified dedicated observer must maintain a watch at all times for
marine mammals and sea turtles. Discharge of dredged material may not occur when there is a
turtle or mammal present at the site; discharge must not occur until the sighted animal has left
the disposal area. Animals may not be harassed in any manner to make them leave the area.

o) Failure to adhere to the specifications discussed in these discharge guidelines may be cause for
remedial action by the Contracting Officer.

p) If there are any questions pertaining to the guidance given in this document, or additional

clarification of procedures is needed, please contact either Julia Perzley of the EPA at (212) 637-
3798 or Mark Reiss of the EPA at (212) 637-3799.

E. Overflow, Spills, and Leaks

Disposal vessels must be observed for potential leaking of dredged material, as indicated by visible
turbidity plumes (muddier water) behind the container vessel, or significant change (of greater to or equal
than 1.5 feet) in the disposal vessel draft and/or bin level. Excessive leakage/spillage or other loss of
material means an apparent loss of dredged material greater than limits established in the most current
Section 103 Concurrence and/or described within USACE contract specifications (in any event loss of
dredged material is not to exceed 1.5 feet). Disposal vessels exhibiting gradual changes (of at least one (1)

-------
foot) in draft and/or bin level changes may be leaking, and this must be noted on theTDL, and also must
be reported to USAGE immediately and forwarded to EPA.

i. The Contractor has notified USAGE who will forward to EPA a report of the event.

ii. An assessment and explanation of the event has been provided to USAGE and forwarded to
EPA.

iii. The scow has been inspected and the results of that inspection have been provided to
USAGE and a copy forwarded to EPA.

iv. Necessary repairs or other corrective actions completed, and the results provided to USAGE
and forwarded to EPA.

Transportation of dredged material to the ODMDS may not begin or continue when weather and sea state
conditions interfere with safe transportation and create risk of spillage, leaks, or other loss of dredged
material during transit. Disposal vessels cannot be loaded beyond a level at which dredged material would
be expected to be spilled in transit under anticipated sea state conditions.

If gradual draft and/or bin level changes appear to occur regularly, or if a significant change in container
vessel draft and/or bin level occurs during any trip, the contractor must examine the container vessel as
soon as possible to determine if a leak is present. If a situation arises that requires emergency dumping of
dredged material, all reasonable efforts to dump outside of navigation channels must be made by the
contractor. The container vessel draft and bin level values, as recorded by the container vessel sensors,
must be documented in the TDL by the DMIs reported within five (5) minutes of departing from the
dredge site, while in transit, and at the designated placement location, just prior to container vessel door
opening.

For problematic scows, a draft stabilization protocol shall be instituted prior to the next transit utilizing
the scow and implementation of the protocol will be required for all future transits for that scow. The
protocol will need to ensure that measurement of the draft of the scow over a sufficient period to
document that leakage is not occurring. During this time, draft measurements shall be provided in the
Daily Quality Control Report. No disposal vessel trips may transit to the site with a problematic scow until
the protocol's draft change thresholds have been instituted by the Contractor and documented in the
Daily Quality Control Report.

Electronic Tracking System (ETS) for Ocean Disposal Vessels

The Contractor shall furnish an ETS for surveillance of the movement and disposition of dredged material
during dredging and ocean disposal. This ETS shall be established, operated and maintained by the
Contractor to continuously track in real-time the horizontal location and draft condition of the disposal
vessel (hopper dredge or disposal barge or scow) for the entire dredging cycle, including dredging area
and disposal area. The ETS shall be capable of displaying and recording, in real-time, the disposal vessel's
draft, speed, and location.

The Contractor shall use an electronic positioning system to navigate to and from a Puerto Rico ODMDS.
For this section of the permit, the electronic positioning system is defined as: a differential global
positioning system (DGPS) or a microwave line of site system. If the electronic positioning system fails or
navigation problems are detected, all disposal operations shall cease until the failure or navigation
problems are corrected.

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The Contractor shall certify the accuracy of the electronic positioning system proposed for use during
disposal operations at a Puerto Rico ODMDS. The certification shall be accomplished by direct comparison
of the electronic positioning system's accuracy with a known fixed point.

[USE LANGUAGE BELOW FOR NON DQM PROJECTS]

ETS Standards

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_1110-l-2909.pdf

Horizontal location shall have an accuracy equal to or better than a standard DGPS system, equal to or
better than plus/minus 10 feet (horizontal repeatability). Vertical (draft) data shall have an accuracy of
plus/minus 0.5 foot. Horizontal location and vertical data shall be collected in sets and each data set shall
be referenced in real-time to date and local time (to nearest minute), and shall be referenced to the same
state plane coordinate system used for the survey(s) shown in the contract plans. The ETS shall be
calibrated, as required, at the work location before disposal operations have started, and at 30-day
intervals while work is in progress. The USACE Contracting Officer and the EPA Region 2 DSOS Section
Chief and/or their designee shall have access to the ETS in real time in order to observe its operation.
Disposal operations will not commence until the ETS to be used by the Contractor is certified by the
Contracting Officer to be operational and within acceptable accuracy. It is the Contractor's responsibility
to select a system that will operate properly at the work location. The complete system shall be subject to
the Contracting Officer's approval.

ETS Data Requirements and Submissions

4. The ETS for each disposal vessel shall be in operation for all dredging and disposal
activities and shall record the full round trip for each loading and disposal cycle. (NOTE:
A dredging and disposal cycle constitutes the time from commencement of dredging to
complete discharge of the material.) The Contracting Officer shall be notified
immediately in the event of ETS failure and all dredging operations for the vessel shall
cease until the ETS is fully operational. Any delays resulting from ETS failure shall be at
the Contractor's expense.

5. Data shall be collected, during the dredging and disposal cycle, every 500 feet (at least)
during travel to the disposal area, and every minute or every 200 feet, whichever is
smaller, while approaching within 1,000 feet and within the disposal area.

6. Plot Reporting (2 types):

i. Tracking Plot - For each disposal event, data collected while the disposal vessel
is in the vicinity of the disposal area shall be plotted in chart form, in 200-foot
intervals, to show the track and draft of the disposal vessel approaching and
traversing the disposal area. The plot shall identify the exact position at which
the dump commenced.

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ii. Scatter Plot - Following completion of all disposal events, a single and separate
plot will be prepared to show the exact disposal locations of all dumps. Every
plotted location shall coincide with the beginning of the respective dump. Each
dump shall be labeled with the corresponding Trip Number and shall be at a
small but readable scale. If all data is provided in XML format, scatter plots and
summary tables will not be necessary.

5. Summary Table - A spreadsheet which contains all of the information in the log(s)
above shall be prepared and shall correspond to the exact dump locations represented
on the Scatter Plot. If all data is provided in XML format, scatter plots and summary
tables will not be necessary.

6. All digital ETS data shall be furnished to the Contracting Officer within 24 hours of
collection. The digital plot files should be in an easily readable format such as Adobe
Acrobat PDF file, Microstation DGN file, JPEG, BMP, TIFF, or similar. The hard copy of
the ETS data and tracking plots shall be both maintained onboard the vessel and
submitted to the Contracting Officer on a weekly basis.

IFO_R_DQM PROJECTS]

See: https://www.sam.usace.army.mil/Missions/Spatial-Data-Branch/Dredging-Quality-
Management/Specifications/Dredge-Specifi cations/

For scows, the monitoring profile, Tons Dry Solid (TDS) profile or Ullage profile shall be used.

G. Misplaced Materials

i. Materials deposited outside of the usable site area specified in Section C.2. will be classified as misplaced
material and will result in a suspension of dredging operations. Redredging of such materials will be
required, where applicable, as a prerequisite to the resumption of dredging unless the Contracting Officer,
at his discretion, determines that redredging of such material is not practical. If redredging of such
material is not required, then the quantity of such misplaced material may be deducted from the
Contractor's pay quantity. If the quantity for each misplaced load to be deducted cannot initially be
agreed to by both the Contractor and Contracting Officer, then an average hopper/scow load quantity for
the entire contract will be used in the determination. Misplaced loads may be subject to penalty under
the Marine, Protection, Research and Sanctuaries Act. In addition, the Contractor must notify USACE
Contracting Officer and the USACE will notify EPA-R2 within 24 hours of a misplaced dump or any other
violation of the Site Management and Monitoring Plan for the Puerto Rico ODMDSs. The Contractor shall
coordinate corrective actions with USACE and implement USACE approved corrective actions by the next
dump.

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Appendix D - Dredged Material Inspector (DMI) Checklist

Ocean Dredged Materia! Disposal Site (ODMDS) (circle one): Arecibo Mayagiiez Ponce
San Juan Yabucoa

DREDGING PROJECT/REACH:

TUG NAME: SCOW

TRIP NUMBER: DATE

INSPECTOR NAME:

INSPECTOR SIGNATURE:

Answer YES or NO to the following questions. Circle other choices and/or fill in blanks as appropriate. Any item on
the checklist that receives a "NO" answer must be reported immediately to USACE-SAJ at: POINT OF CONTACT
and a dredging contractor representative not onboard the towing vessel. If the "NO" answer is related to the scow
monitoring systems, the scow monitoring contractor must also be notified immediately at POINT OF CONTACT.
Items receiving "NO" answers must be indicated on the Scow Certification ChecklistTransportation and Discharge
Log (TDL) form using the letter-number code next to each item description and described on the TDL form comments
section. A supplemental report must be prepared and emailed to USACE-SAJ at POINT OF CONTACT to explain
any discrepancies/deviations from the Inspector checklist.

PART A. DREDGING SITE

A1 A legible copy of the contract specifications, as related to scow loading, transport, and

dredged material discharge, is in possession of the Dredged Material Inspector (DMI).

A2 _ A legible copy of the Discharge Guidelines and ODMDS boundary coordinates received
at the pre-construction meeting, or any additional instructions or guidelines as related to scow
loading, transport, and dredged material discharge, is in possession of the DMI.

A3 The scow being used to transport the dredged material is mechanically sound, does not

leak, and has no visible damage that may cause leaking.

A4 A regularly used scow was used, no backup scow was used.

A5 A scow loading table for the scow being towed is aboard the towing vessel and available

for the DMI to use.

A6_ _ The material being dredged has been observed by the DMI for general characteristics (grain

size, color, consistency). Majority of material is dry/thick/watery, color: ,

mud/sand/gravel/rock.

A7 An estimate of the volume of material in the scow has been calculated by the DMI using

the scow loading table and recorded on the TDL form.

A8 Scow contains less volume of dredged material than the maximum volume allowed for

discharge during a single trip.

If a scow contains a volume of dredged material greater than the maximum volume allowed for
discharge during a single trip, the volume must be decreased below the maximum volume before
the dredged material can be transported away from the dredge site.

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A9 The scow monitoring systems, primary and backup (PSMS and BSMS), arc fully operational

and are functioning. Any scow monitoring system malfunctions must be reported immediately to
the scow monitoring contractor POINT OF CONTACT. Transportation vessels are not allowed
to leave the dredging site with any dredged material if a PSMS is not fully operational. However,
if scow monitoring system contractor personnel arc onboard the transporting vessel to service the
equipment, or in communication with the DMI via cellphone or radio, the vessel may depart from
the dredging site while malfunctions arc being repaired/corrected. Alternatively, if the BSMS is
functional, the scow may be transported from the dredging site. If the PSMS is not functional, the
BSMS may only be used on two consecutive offshore discharge trips.

A10 The scow draft pressure value, as displayed by the PSMS system, has been recorded on the

TDL form.

A11 A fathometer is fully operational, functioning, and installed on the transporting vessel.

A12 A radio onboard the transporting vessel is operable and can receive NOAA marine weather

forecasts and ocean conditions.

A13 Current and forecasted marine weather and ocean conditions at the designated discharge

location have been monitored on the radio and will allow safe and accurate discharge of dredged
material. Winds at a reporting station closest to the discharge location arc presently blowing

from the , with ft seas. Winds forecast for the discharge location are

from the , with _ _ seas.

A14 Differential Global Positioning System (DGPS) navigation system is fully operational,

functioning, and installed aboard the transporting vessel.

A15 A radar system is fully operational, functioning, and installed aboard the transporting

vessel.

A16 Radio-control system for scow operation (if scowperson is not used) is fully operational

and functioning.

A17 Radio and backup radio system, for communication between scows and towing vessels, are

aboard scow (if scowperson is used), are fully operational and functioning.

A18 A fully operable cell phone that can send and receive calls is in the possession of the DMI

onboard the towing vessel.

A19 A protractor is available for use by the DMI aboard the towing vessel.

A22 A compass, tor map'chart distance scaling, is available for use by the DMI aboard the

towing vessel.

A23 An up-to-date nautical chart that includes the discharge area is available for use by the

DMI.

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A24 DM I is provided full access to fathometer, radar, vessel DGPS, and any other

equipment/information necessary to conduct DMI duties.

A25 __ Radio and backup radio checks with the scowperson's radios have been performed with no
problems detected, if a scowperson is used.

A26 Full compliance with any other contract or regulatory requirements related to dredged
material discharge has been met.

A27 Time of departure from dredging site has been recorded on the TDL form.

A28 All other information relative to the dredging site has been entered into the TDL form.

PAR I B. ENROUTF TO THE DISCHARGE LOCATION

B1 In the vicinity of the Harbor mouth, radio and backup radios aboard the scow have been

checked to ensure they are both functioning, if a scowperson is used.

B2 Scow draft is being monitored with PSMS.

B3 If the DMI is also a National Marine Fisheries Service (NMFS) approved marine

mammal/endangered species observer, observation and appropriate reporting is conducted.

B4 Scow draft pressure varies less than 20 points, or 1.5 feet of draft, from the value at the
dredge site.

B5 A gradual increase or decrease in scow draft pressure values (or actual scow draft) is not

observed.

B6 _ If visible, scow does not appear to be listing.

B7 Water behind scow has been observed, if possible, to ensure that no turbid water plumes

are present.

B8 Towing vessel DGPS and scow DGPS positions agree using a fixed reference position

(channel marker, buoy, etc.)

B9 Marine weather and sea conditions present and forecast to be present at the discharge

location are periodically monitored. An updated marine forecast does not predict conditions that
require returning to the dredging site to await safer conditions.

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PART C. IN THE VICINITY OF THE DESIGNATED DISCHARGE LOCATION

For discharge at the [ Arecibo Mayagiiez Ponce San Juan Yabucoa (circle one) J ODMDS:

CI Scow radio control equipment operates without any problems.

C2 Discharge occurred in ODMDS boundaries and was coordinated with towing vessel crew.

C3 Scow draft information immediately prior to scow door opening has been recorded on the

TDL form.

C4 TDL form was completed using the scow monitoring system, or by hand if the scow

monitoring system malfunctions, within 30 minutes of scow door opening.

C5 Scow monitoring equipment, transportation vessel navigation equipment, and all other

equipment related to discharge of dredged material worked without any problems.

C6 All activities associated with discharge of dredged materials appeared to be conducted in a

safe manner.

C7 Nothing occurred that may have resulted in incorrect discharge of dredged material.

C8 TDL form and any supplemental reports e-mailed to POINT OF CONTACT within two (2)

hours of scow door, or hopper bin, opening.

C9 A copy of the TDL form has been electronically signed by the DMI and saved to a

file/folder to become part of the permanent record of the trip. A disc containing all the folder and
all TDL forms, checklists and supplemental reports and information must be submitted to
USACE-SAJ when offshore transport of dredged material associated with the project ends, or
when the DMI finishes working on the project.

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APPENDIX E -VESSEL STRIKE AVOIDANCE MEASURES, NOAA FISHERIES
SOUTHEAST REGIONAL OFFICE
Revised: May 2021

Background

Vessel strikes can injure or kill species protected under the Endangered Species Act (ESA) and
the Marine Mammal Protection Act (MMPA). NOAA Fisheries Southeast Regional Office
(SERO) Protected Resources Division (PRD) recommends implementing the following
identification and avoidance measures to reduce the risk of vessel strikes and disturbance from
vessels to protected species under our jurisdiction.

Protected Species Sightings

All vessel operators and crews should be informed about the potential presence of species
protected under the ESA and the MMPA and any critical habitat in a vessel transit area. All
vessels should have personnel onboard responsible for observing for the presence of protected
species. All personnel should be advised that there are civil and criminal penalties for harming,
harassing, or killing listed species and all marine mammals. To determine which protected
species and critical habitat may be found in the transit area, please review the relevant

and at Find A Species ( )

and any ESA Section 7 consultation documents if applicable.

Vessel Strike Avoidance

The following measures should be taken when they are consistent with safe navigation to avoid
causing injury or death of a protected species:

1. Operate at the minimum safe speed when transiting and maintain a vigilant watch for
protected species to avoid striking them. Even with a vigilant watch, most marine
protected species are extremely difficult to see from a boat or ship, and you cannot rely
on detecting them visually and then taking evasive action. The most effective way to
avoid vessel strikes is to travel at a slow, safe speed. Whenever possible, assign a
designated individual to observe for protected species and limit vessel operation to only
daylight hours.

2. Follow deep-water routes (e.g., marked channels) whenever possible.

3. Operate at "Idle/No Wake" speeds in the following circumstances:

a. while in any project construction areas

b. while in water depths where the draft of the vessel provides less than four (4) feet
of clearance from the bottom, or

c. in all depths after a protected species has been observed in and has recently
departed the area.

1 Manatees are managed under the jurisdiction of the U. S. Fish and Wildlife Service.

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4. When a protected species is sighted, attempt to maintain a distance of 150 feet or greater
between the animal and the vessel. Reduce speed and avoid abrupt changes in direction
until the animal(s) has left the area.

5. When dolphins are bow- or wake-riding, maintain course and speed as long as it is safe
to do so or until the animal(s) leave the vicinity of the vessel.

6. If a whale is sighted in the vessel's path or within 300 feet from the vessel, reduce speed
and shift the engine to neutral. Do not engage the engines until the animals are clear of
the area. Please see below for additional requirements for North Atlantic right whales.

7. If a whale is sighted farther than 300 feet from the vessel, maintain a distance of 300 feet
or greater between the whale and the vessel and reduce speed to 10 knots or less. Please
see below for additional requirements for North Atlantic right whales.

Injured or Dead Protected Species Reporting

Vessel crews should report sightings of any injured or dead protected species immediately
regardless of whether the injury or death is caused by your vessel. Please see I l ov >:o Re:: n;

Marine Animal (https://ww^r.fisheries.ttoaa.gov/rgport) for the most up to
date information for reporting injured or dead protected species.

If the injury or death is caused by your vessel, also report the interaction to NOAA Fisheries
Southeast Regional Office Protected Resources Division (SERO PRD) at

.2uv. Please include the species involved, the circumstances of the
interaction, the fate and dispositi on of the animal involved, photos (if available), and contact
information for the person who can provide additional details if requested. Please include the
project's Environmental Consultation Organizer (ECO) number and project title in the subject
line of email reports if a consultation has been completed.

Report marine mammals to the Southeast U.S. Stranding Hotline: 877-942-5343
Report sea turtles to the NMFS Southeast Regional Office: 727-824-5312
Report all species to the Caribbean Stranding Network: 787-399-1900

Reporting Violations

To report any suspected ESA or MMPA violation, call the NOAA Fisheries Enforcement Hotline.
This hotline is available 24 hours a day, 7 days week for anyone in the United States.

NOAA Fisheries Enforcement Hotline: (800) 853-1964

Additional Transit and Reporting Requirements for North Atlantic Right Whales

1. Federal regulation prohibits approaching or remaining within 500 yards of a North
Atlantic right whale (50 CFR 224.103 (c)). All whales sighted within North Atlantic
right whale critical habitat should be assumed to be right whales. Please be aware and
follow restrictions for all Seasonal Management Areas along the U.S. east coast. These
areas have vessel speed restrictions to reduce vessel strikes risks to migrating or feeding

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whales. More information can be found at Reducing Vessel Strikes to North Atlantic
Right Whales (https://www.fisheries.noaa.gov/national/endangered-species-
conservation/reducing-vcsscl-strikes-north-atlantic-right-whales).

2. Ships greater than 300 gross tons entering the WHALE SOUTH reporting area are
required to report to a shore-based station. For more information on reporting procedures
consult 33 CFR Part 169, the Coast Pilot, or at Reducing Vessel Strikes to North
Atlantic Right Whales (https://www.fisheries.noaa.gov/national/endangered-species-
conservation/reducing-vessel-strikcs-north-atlantic-right-whalcs).

3. From November through April, vessels approaching/departing Florida ports of
Jacksonville and Fernandina Beach as well as Brunswick Harbor, Georgia are
STRONGLY RECOMMENDED to use Two-Way Routes displayed on nautical charts.
More information on Compliance with the Right Whale Ship Strike Reduction Rule can
be found at (https://media.fisheries.noaa.gov/2021 -
06/compliance_guide_for_right_whale_ship_strike_reduction.pdf)

4. Mariners shall check with various communication media for general information
regarding avoiding vessel strikes and specific information regarding North Atlantic right
whale sighting locations. These include NOAA weather radio, U.S. Coast Guard
Broadcast to Mariners, Local Notice to Mariners, and NAVTEX. Commercial mariners
calling on United States ports should view the most recent version of the NOAA/USCG
produced training CD entitled "A Prudent Mariner's Guide to Right Whale Protection"
(contact the NOAA Fisheries SERO, Protected Resources Division for more information
regarding the CD).

5. Injured, dead, or entangled right whales should be immediately reported to the U.S.

Coast Guard via VHF Channel 16 and the NOAA Fisheries Southeast Marine Mammal
Stranding Hotline at (877) WHALE HELP (877-942-5343).

For additional information, please contact NOAA Fisheries SERO PRD at:

NOAA Fisheries Service Southeast Regional Office 263 13th Avenue South
St. Petersburg, Florida 33701

Visit us on the web at Protected Marine Life in the Southeast

(llllEi^www

Additional Resources:

Puerto Rico Department of Natural and Environmental Resources (PRDNER):
787-724-5700, 787-230-5550, 787-771-1124

USFWS Caribbean Ecological Services Field Office: , 787-851-7297

Puerto Rico Manatee Conservation Center: 787-400-2782, 787-279-1912 ext. 20

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