5. 6. 7. 8. of the dredging site. The plan must include provisions for suspension of dredging during any periods when D.O. values drop below 3.0 mg/1. Results of this monitoring must be submitted to the Georgia Environmental Protection Division, the Georgia Game and Fish Division, and the Georgia Coastal Resources Division within 30 days of the completion of each dredging operation. If the applicant does not maintain a satisfactory record of compliance with this condition, the Environmental Protection Division may prohibit all dredging during the period July 1 to September 30 upon written notice to the applicant. Hopper dredging should be conducted during December through March. These are the times when sea turtles are least abundant in the area of the Savannah Ship Channel. Dredging should not be conducted outside these months without implementation of a conservation plan approved by Georgia Department of Natural Resources. This plan should include trawling to remove turtles from the path of the dredge. The Georgia Department of Natural Resources recommends that a systematic trawl survey of the Savannah Channel be conducted to confirm the distribution and abundance of turtles in the channel in winter. Data from this survey is to be used to better delineate the times when dredging is least likely to impact sea turtles. During December through March, dredge and support vessel speeds should be limited to less than 5 knots during nighttime operations. A trained whale observer should be on watch during daylight hours. If daily aerial surveys are conducted for right whales, the nighttime vessel speed limitation would only need to be enforced when a whale, was spotted within 15 miles of the project area during the previous daily survey. The removal of the tide gate in the Savannah Back River and the back fill of New Cut as proposed in the Joint Public Notice dated June 26, 1991 will be conducted prior to or concurrently with the deepening of the Savannah River Harbor Channel as proposed in the Joint Public Notice of April 19, 1991. It is your responsibility to submit this certification to the appropriate Federal agency. Georgia Department of Natural Resources 206 Butler Street, S.E., East Floyd Tower, Atlanta, Georgia 30334 Joe D. Tenner, Commissioner Harold F. Reheis, Director Environmental Protection Division November 22, 1991 Mr. Fred Kitchens Deputy District Engineer Planning Division U.S. Army Corps of Engineers P.O. Box 889 Savannah, Georgia 31402 Dear Mr. Kitchens: Re: Savannah Harbor Deepening Project In regards to your letter of October 21, 1991, the State of Georgia assumes a broad interpretation of authority under Section 401 of the Clean Water Act to include consideration of chemical, physical, and biological impacts of a project. The Georgia Environmental Protection Division recognizes its directive under the Clean Water Act to protect existing uses. The waters within the proposed project area are spawning habitat for striped bass, an important sport fishery in Georgia. In addition, the project site provides habitat for endangered sea turtles and the Right whale. The State considers these species valuable and unique resources. In order to maintain the biological integrity of the waters within the proposed project for protection of these species, the Georgia Environmental Protection Division intends to maintain conditions 3, 5, 6, and 7 in our 401 Water Quality Certification. Your request to delete the dredging ban below river mile 5.0 during the March 16May 31 window is acceptable based on previous policy stipulated by the Georgia Game and Fish Division. The monitoring plan proposed under condition 4 will be adequate to address our concerns during the July 1- September 30 window. If you have any additional questions regarding the above, please contact Mr. Kelth Parsons at (404) 656-4887. cc: David Waller, Duane Harris Sincerely, -Hana Filches Harold F. Reheis A meeting was held September 16, 1991 between the Savannah Distric U. s. Army Corps of Engineers and the Georgia State Historic Preservation Officer to discuss the Savannah Harbor Long Term Management Strategy and Savannah Harbor Deepening project. We understand that a Programmatic Agreement will be prepared to address the effect of these projects on historic properties including the C.S.S. Georgia and Old Fort Jackson. We concur with the approach that was outlined during the meeting for study and assessment of historic properties and the potential impacts. We look forward to working with the Corp as the Programmatic Agreement is developed and subsequent studies are conducted. CHB/mr Encl: Georgia Ports Authority, December 2, 1991 Georgia Department of Natural Resources, January 21, 1992 Form NCC April 1987 This notice is considered to be consistent with those This notice is recommended for further development with the following recommendations for strengthening the project (additional pages may be used for outlining the recommendations). This notice is not recommended for further development (accompanied by detail comments which explains this organization's rationale for this decision). This notice does not impact upon the activities of this organization. Georgia Department of Natural Resources 205 Butler Street, S.E., Suite 1252, Atlanta, Georgia 30334 Joe D. Tanner, Commissioner 404/656-3500 January 21, 1992 H. J. Hatch Lieutenant General, USA Department of the Army Office of the Chief of Engineers Dear Mr. Hatch: The Department of Natural Resources (DNR) appreciates the opportunity to review and comment on the Final Interim Report and Environmental Impact Statement (EIS) for the Savannah Harbor Comprehensive Study. We understand this report will be revised as a result of the decision by the U.S. Army Corps of Engineers (Corps) to close New Cut and permanently discontinue tide gate operation. The DNR fully supports the Corps decision to take these actions because of the positive impact this will have on the lower Savannah River ecosystem and fish and wildlife resources. It is our understanding that the revised report will address the positive impacts of these actions and describe how they will offset the adverse impact of harbor deepening. The DNR recommended in comments provided June 21, 1991 that these issues be addressed in the EIS, and we are pleased that this information will now be included. We remain concerned, however, that the Interim Feasibility Report and EIS still will not contain adequate measures to protect threatened and endangered marine turtles. Hopper dredging should be restricted to the months December through March to protect turtles from entrainment by the dredges. In addition, the precautions to protect the endangered right whale (Main Report Page 139, #8) should be more specific. The report states that the contractor shall restrict vessel speeds during December to March to reduce the risk of collisions with whales but does not provide a speed limit. Vessel speeds during nighttime operations should not exceed 5 knots unless comprehensive aerial surveys conducted the previous day indicated that no right whales were within 15 miles of the channel or the disposal site. These changes will significantly strengthen the protection of endangered marine species. The Department will support the proposed deepening of the Savannah Harbor provided the authorized Section 1135 work is completed prior to harbor deepening, and provided adequate measures to protect threatened and endangered marine turtles and endangered right whale are included in the report and implemented during harbor deepening. the The Department appreciates the opportunity to comment on the Interim Feasibility Report and EIS. We would like to review a copy of the revised document when it becomes available. |