Section 10713.5 - In-Bay Dredged Material Disposal SitesAs used in the San Francisco Bay Plan and in these regulations, the designated in-Bay dredged material disposal sites are as follows. These designations do not preclude the need for a Commission permit to dispose of dredged material at the sites or substitute for the findings that may be required by the McAteer-Petris Act (Cal. Government Code Section 66600 et seq.) and the San Francisco Bay Plan.
(a) Alcatraz Disposal Site, consisting of a circular area of radius 1,000 feet with center located at latitude 37° 49' 17" N; longitude 122° 25' 23" W;(b) San Pablo Bay Disposal Site, consisting of a rectangular area, 1,500 feet by 3,000 feet, with the long axis bearing 050 true, and center at latitude 38° 00' 28" N; longitude 122° 24' 55" W;(c) Carquinez Strait Disposal Site, consisting of a rectangular area, 1,000 feet by 2,000 feet, long axis bearing 050 true, and center at latitude 38° 03' 50" N; longitude 122° 15' 55" W; and(d) Suisun Bay Channel Disposal Site, consisting of a rectangular area, 500 feet by 11,200 feet situated parallel to the Suisun Bay Channel, and center at latitude 38° 03' 15" N; longitude 122° 05' 06" W.(e) Middle Harbor at the Port of Oakland: (1) For a project ("the project") that satisfies the following criteria:(A) the purpose of the project is to enhance in-Bay habitat for plants, fish and wildlife;(B) the project includes a one-time placement of dredged material, in the amount of approximately 5.8 million cubic yards, taken from the Oakland Harbor Navigation Improvement (-50 Foot) Project to create shallow water habitat;(C) the project would be undertaken as specified in a plan ("the Plan") that is prepared by the U.S. Army Corps of Engineers and the Port of Oakland and approved by the Commission;(D) the Plan specifies the following elements: (i) the restoration and enhancement performance criteria for the project including the creation of eelgrass and other shallow water habitat;(ii) the design required to restore or enhance-fish and wildlife habitat;(iii) the monitoring, adaptive management, and corrective actions that will be employed to ensure that the Plan's performance criteria are achieved;(iv) the periods of time needed to achieve the performance criteria, to monitor, and to employ adaptive management and corrective actions if needed;(v) the duties of the U. S. Army Corps of Engineers in implementing the Plan;(vi) the duties of the Port of Oakland once it takes over responsibility for the project from the U. S. Army Corps of Engineers;(vii) the management agency with wildlife management experience that will manage the Middle Harbor enhancement area once the project has been successfully completed;(viii) the management agency's duties as manager of the enhancement area;(ix) the method to determine the success or failure of the project through a performance criteria evaluation period; and(x) the process to determine the actions to be employed if the project fails to achieve the Plan's performance criteria within the specified time frames;(E) the manner of implementing the Plan has been demonstrated to have a high likelihood of success in achieving the Plan's performance criteria within the specified time frames;(F) the Port of Oakland makes a legally binding commitment to secure two permits from the Commission to fulfill its responsibilities as specified in the Plan: (i) at the time it assumes responsibility for the project from the U. S. Army Corps of Engineers at the commencement of the Plan's performance evaluation period; and(ii) at the conclusion of the Plan's performance evaluation period;(G) the Port of Oakland provides the necessary legal and financial instruments to support its responsibilities as specified in the Plan; and(H) the Project sponsors make a legally binding commitment to take action, as required by the Plan, if the project fails to achieve the Plan's performance criteria within the specified time frames; and(2) Consisting of an area within the Middle Harbor bounded by the shoreline, wharf faces, and Middle Harbor Shoreline Park improvements which lie northeasterly of the following two courses; Beginning at a point on the Southern Pacific Mole with Latitude 37°47'59.864" N, Longitude 122°019'48.019" W (NAD83) having grid coordinates of "N"=2118915.608 and "E"=6032967.336; thence North 72°04'00" West 3435.03 feet to a point on the common boundary line between the city and county of San Francisco, Oakland and Alameda County, said point having coordinates of "N"=2119973.287 and "E"=6029699.201; thence North 05°15'46" East 349.79 feet to the southwesterly corner of the 7th Street Terminal face of wharf having coordinates of "N"=2120353.305 and "E"=6029875.128.
Cal. Code Regs. Tit. 14, § 10713.5
1. New section filed 2-2-93; operative 3-4-93 (Register 93, No. 6).
2. Amendment of first paragraph, new subsections (e)-(e)(2), and amendment of NOTE filed 1-3-2001; operative 1-3-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 1). Note: Authority cited: Section 29201(e), Public Resources Code; and Section 66632(f), Government Code. Reference: Section 29201(e), Public Resources Code; Sections 66602, 66605, 66632(a), 66633, 66663.1 and 66663.2, Government Code; and the San Francisco Bay Plan.
1. New section filed 2-2-93; operative 3-4-93 (Register 93, No. 6).
2. Amendment of first paragraph, new subsections (e)-(e)(2), and amendment of Note filed 1-3-2001; operative 1-3-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 1).