2 5. 6 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES DEPARTMENT OF PLANNING AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL PROTECTION, 45 MARS HILL FREDERIKSTED, ST. CROIX, VI 00840 ~ PHONE: (840) 773-1082, FAX: (840) 773.9310 Coastal Zone Permit Application Water Quality Review and Certification DPNR-DEP WATER QUALITY CERTIFICATE No: WQT-13-0001 Date of Final Application: October 08, 2012 Date of Final Review: November 19, 2012 : SHORT TITLE OF WORK: Coral World Inc. proposes to develop an approximately 70,000sq.ft. in-water Dolphin Habitat and Encounter Facility at its property located in Estate Smith Bay, St. Thomas. The project development will be located in Water Bay, off of the Coki Point Peninsula. APPLICANT: Coral World (V1) Inc., d/b/a Coral World Ocean Park 6450 Estate Smith Bay St. Thomas, V.I. 00802 SUB-WATERSHEDS: Northeast St. Thomas (Smith Bay) - 2102001010020 WATER QUALITY CERTIFICATION: Approved: — There is currently reasonable assurance that the proposed project can be executed without violations of the Water Quality Standards cited in Annotated (Ann.) Title (Tit.) 12 Virgin Islands Code Chapter 7, Section 186. The permittee shall comply with all Territorial Rules and Regulations, Federal Statutes, Orders, and permits issued by Territorial and/or Federal departments or agencies. The applicant should note that Water Bay is an Impaired Waterbody and therefore special attention will be given to ensure that water quality is protected. COMMENTS OR SPECIAL RESTRICTIONS: A. Work shall be performed in a manner that will not adversely impact existing water quality. Existing water quality conditions will be determined in the baseline water quality monitoring survey, conducted by the applicant, and submitted to DPNR — Division of Environmental Protection (DEP) {or review prior to the commencement of the project. In no case shall work be performed in a ‘manner that causes any exceedence of the Virgin Islands Water Quality Standards found in Title 12, Chapter 7, Section 186 of the Virgin Islands Rules and Regulations. B. The DEP reserves the right to temporarily suspend any activity which may cause any adverse environmental impact or results in any noncompliance with Title 12 of the Virgin Islands Rules and Regulations.G. ~ ss Coral World WOT-13-0001 Page 2 of 3 The DEP reserves the right to require additional sampling/monitoring as promulgated in Title 12 of the Virgin Islands Code, Section 189. .No oil or debris may be discharged from any source during the proposed project. Prior to the start of any in-water activities. ALL appropriate turbidity curtains must be installed from surface to sea floor around the area and maintained at an appropriate distance in order to enclose the activity. The turbidity curtain shall be inspected daily to verify its structural integrity. Prior to the start of any above-water activities, turbidity booms, catchment curtains or any other appropriate mitigation measures, must be installed and properly maintained to prevent materials and debris from entering into Water Bay. In accordance with the REVISED Environmental and Water Quality Monitoring Plan (October 2012), the monitoring/reporting items required are as follows: a, Baseline data is to be collected at five (5) stations for a two month period. This data is to be collected PRIOR TO BEGINNING ANY SITE WORK. Base line samples will be tested for temperature, salinity, dissolved oxygen seechi depth and turbidity expressed as NTUs as well as fecal coliform bacteria, nitrates and phosphates. Analysis for turbidity (NTU) will be taken using an approved EPA field meter. DPNR-DEP also hereby requires enterococci bacteria water quality samples be collected during this baseline study; b. An Environmental Monitor must be present at the site during all in-water activities. The Environmental Monitor must notify Coral World and the DEP as soon as possible, but within 24 hours of exceedence, if at any time during construction activities the water quality does not comply with the Virgin Islands Water Quality Standards. Methods to reduce impact must be implemented, including temporarily terminating construction and allowing the water quality to return to normal conditions. cc. During the construction of the docks water quality at the stations in the vicinity of the work will be sampled on a daily basis. Three water samples will be taken 10 meters outside the turbidity barriers surrounding the area of work. Two control samples will also be sampled. Water quality will be sampled for temperature, salinity, dissolved oxygen, secchi depth and turbidity expressed as NTUs. 4. To minimize these potential impacts the barge will be positioned as frequently as possible during construction in a footprint which will keep it over the area with the least colonization. On weekends and during times when work is not occurring the barge will be repositioned into this position, ©. Once weekly the monitor will survey the area surrounding the barge and look for bleaching of corals or other impacts. If any bleaching is noted DEP and Coral World will be immediately notified in writing within 24 hours of the discovery and the barge will be moved ‘more frequently to eliminate this impact. {Water quality reports and descriptions of the survey of the benthic community for bleaching or impact will be delivered to DPNR-DEP on a weekly basis. The persons recording are required to document in indelible ink and keep in a bound log book with pre- ‘numbered pages the recorder name, the date, the start and stop time, the location (GPS coordinates), and sea conditions. Also to be included are all photographs (before and after pilings, etc are placed), baseline turbidity measurements and data taken for the duration of the project. &. Post construction and operational monitoring information will be considered as submitted; however, DPNR-DEP will require a meeting with the applicant to refine these requirements- Coral World WOT-13-0001 Page 3 of 3 which MUST BE APPROVED at least two (2) months prior to the beginning of this facility's operation. H. Coral World is also required maintain compliance with the provisions of the Clean Water Act, 33 USC 1251 et. seq., and the Virgin Islands Water Pollution Control Act, 12 V.I. Code Additional 184 (1998 & Supp. 2004) et. seq.. Therefore, the Applicant must submit the requisite information to the DPNR-DEP’s Water Pollution Control Program to update its current Territorial Pollutant Discharge Elimination System (TPDES) Permit and determine if obtaining coverage under the VI Construction General Permit for the storm water discharges associated with construction activities will be required for this project. The Applicant may be required to complete a Notice of Intent (NOI) and obtain approval for a Storm Water Pollution Prevention Plan (SWPPP). Contact the Water Pollution Control Program at (340) 774-3320 for information regarding these permit requirements. 1. Any device and/or equipment that have the potential to create air emissions require an Air Pollution Control Permit(s), i.e. generators, boilers, ete. Additionally, if deemed necessary a Dust Control Plan may also be required. Contact the Air Pollution Control Program at (340) 774-3320 for information regarding these permit requirements. J. Unless specifically stated, the Applicant shall adhere to all provisions set forth in the EAR and the Environmental and Water Quality Monitoring Plans as submitted to Commissioner Barnes on October 08, 2012. K, DPNRIDEP reserves the right to revise/amend this Water Quality Certificate. L. The Applicant shall notify the DEP three (3) business days before the commencement of the proposed project. In addition, a letter of project completion must be submitted to the DEP no later than five (5) business days after the project has been completed. M. Four (4) weeks after project completion, a final report will be due to the DEP which provides a critical review of observed water quality degradation and any biological impacts from the project. . APPROVED BY: ee pf David Alvaro Simon, P.E., Director DPNR-Division of Environmental Protection