Connecticut_General_Permits-August_2016.pdf

Applicant: General Public, State of Connecticut Effective Date: August 19, 2016 Expiration Date: August 19, 2021

DEPARTMENT OF THE ARMY

GENERAL PERMITS FOR THE

STATE OF CONNECTICUT

LANDS LOCATED WITHIN THE

BOUNDARIES OF AN INDIAN RESERVATION1

The New England District of the U.S. Army Corps of Engineers (Corps) hereby issues twenty-one (21) General Permits (GPs), listed below, for activities subject to Corps jurisdiction in waters of the United States (U.S.), including navigable waters, within boundaries of the State of Connecticut and lands located within the boundaries of an Indian reservation. These GPs are issued in accordance with Corps regulations at 33 CFR 320 - 332 [see 33 CFR 325.5(c)(1)], and authorizes activity-specific categories of work that are similar in nature and cause no more than minimal individual and cumulative adverse environmental impacts. These GPs will provide protection to the aquatic environment and the public interest while effectively authorizing activities that have no more than minimal individual and cumulative adverse environmental effects.

GENERAL CRITERIA

In order for activities to qualify for these GPs, they must meet the terms and eligibility criteria and stipulations listed in Appendix A – General Permits as well as the Appendix B General Conditions.

Projects may qualify for the following:

• Self-Verification (inland) - Self -Verification Notification Form (SVNF) is required

• Self-Verification (coastal) - SVNF NOT required. Corps relies on CT DEEP, OLISP submittals.

• Pre-Construction Notification (PCN) -o Inland - Application to and written approval from the Corps is required.

o Coastal - Notification to Corps provided by CT DEEP, OLISP or by applicants as necessary. Written approval from the Corps is required.

If your project is ineligible for Self-Verification (SV), it may be screened under PCN or may require an Individual Permit. The thresholds for activities eligible for Self-Verification and PCN are defined in Appendix A. These GPs do not affect the Corps Individual Permit review process or activities exempt from Corps regulation.

1 Indian reservation lands are considered a sovereign nation, and are therefore acknowledged separately from the State of Connecticut for purposes of this General Permit.

Connecticut General Permits

An activity is authorized under GPs 1-21 below only if that activity and the permittee satisfy all of the GP’s terms and conditions.

1. Aids to navigation & temporary recreational structures

2. Repair or maintenance of existing currently serviceable, authorized or grandfathered structures/fills, removal of structures

3. Moorings

4. Pile-supported structures & floats, including boat lifts/hoists and other miscellaneous Structures & work

5. Boat ramps and marine railways

6. Utility line activities

7. Dredging, transport & disposal of dredged material, beach nourishment, rock removal & rock relocation

8. Discharges of dredged or fill material incidental to the construction of bridges

9. Shoreline and bank stabilization projects

10. Aquatic habitat restoration, establishment and enhancement activities

11. Fish and wildlife harvesting activities

12. Oil spill and hazardous material cleanup

13. Cleanup of hazardous and toxic waste

14. Scientific measurement devices

15. Survey activities

16. Aquaculture projects and fisheries

17. New/expanded developments & recreational facilities

18. Linear transportation projects – wetland crossings only

19. Stream, river & brook crossings (not including wetland crossings)

20. Energy generation and renewable energy generation facilities and hydropower projects

21. Temporary fill not associated with any other GP activities

SECTION 1

REVIEW CATEGORIES AND APPLICATION PROCEDURES FOR PROJECTS WITHIN

NON-TIDAL WATERS AND WETLANDS WITHIN THE STATE OF CONNECTICUT AND

LANDS LOCATED WITHIN AN INDIAN RESERVATION

I. ACTIVITIES COVERED:

The discharge of dredged or fill material into Waters of the United States, which is regulated by the Corps under Section 404 of the Clean Water Act (CWA), see 33 CFR 328.

II. REVIEW PROCESS:

1. State and Local Approvals:

In order for authorizations under these GPs to be valid and before commencing any work within Corps jurisdiction, applicants must apply for and obtain State Water Quality Certification as well as any local approvals (see General Condition 1):

Water Quality Certification (WQC) under Section 401 of the Federal CWA (33 USC Sec. 1341).

Section 401(a)(1) of the Clean Water Act requires that applicants obtain a WQC or waiver from the state water pollution control agency which in Connecticut is the Connecticut Department of Energy and Environmental Protection (CT DEEP) or U.S. EPA for Indian reservation lands to discharge dredged or fill material into waters of the U.S. (see attached Water Quality Certification and table).

The CT DEEP, Inland Water Resources Division (CT DEEP IWRD) has conditionally granted WQC for Self-Verification (SV) activities in inland wetlands and waterways provided those activities meet the criteria as contained in the attached Appendix A – General Permits document.

The CT DEEP- IWRD has granted WQC with terms, limitations and conditions specified therein.

The CT DEEP- IWRD has waived WQC for GP 12, GP 13, GP 14, and GP 15.

The U.S. EPA granted WQC for Self-Verification and PCN activities located on lands within the boundaries of an Indian Reservation.

2. General Permit Review Categories:

a. Self-Verification – An application to the Corps is NOT required. However, submittal of the attached Self-Verification Notification Form at Appendix E to the Corps and CT DEEP, IWRD is required prior to commencement of work authorized by these GPs.

Eligibility Criteria

Activities in Connecticut and lands located within the boundaries of an Indian reservation that meet the following criteria are eligible under Self-verification of this General Permit:

• are subject to Corps jurisdiction (See General Condition 2),

• meet the criteria of Self-Verification in the attached Appendix A - General Permits, and

• meet the General Conditions of the GPs.

Project proponents seeking Self-Verification authorizations must comply with the General Conditions and other federal laws such as the National Historic Preservation Act, the Endangered Species Act (ESA) and the Wild and Scenic Rivers Act. Therefore, consultation with the Corps and/or outside experts, such as the State Historic Preservation Office and any appropriate Indian tribes, is recommended when there is a high likelihood of the presence of resources of concern.

b. Pre-Construction Notification (PCN) – An application to the Corps is required.

Projects not eligible under Self-Verification of the GPs may be screened under PCN, provided they meet the criteria as defined in the attached Appendix A – General Permits for PCN activities.

Eligibility Criteria Activities in Connecticut and lands located within an Indian reservation that meet the following criteria are eligible under PCN of this General Permit:

• are subject to Corps jurisdiction (See General Condition 2),

• meet the criteria of PCN in the attached Appendix A – General Permits, and

• meet the General Conditions of the GPs.

3. Applying for an authorization through the PCN process:

Applicants must also submit two copies of the following to the Corps, on a CD if available and hard copy:

• Corps application form (ENG Form 4345) found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/ObtainaPermit .aspx

• 8.5” x 11” or 11” x 17” drawings and one large-scale drawing,

• wetlands functions and values assessment,

• Federal wetland delineation documentation (data sheets),

• The CT DEEP addendum found at:

http://www.ct.gov/deep/lib/deep/Permits_and_Licenses/LandUse_General_Permits/Inland_Water _General_Permits/CT_addendum_app.pdf

• Correspondence with the State Historic Preservation Office and Tribal Historic Preservation Officer indicating coordination with these entities along with a completed CT SHPO Form. The CT SHPO Form is available on the CT SHPO website under Historic Preservation – Environmental Review at http://www.cultureandtourism.org/cct/lib/cct/Project_Notification_Form_final.pdf

• a plan describing any proposed mitigation along with an Invasive Species Control Plan.

http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/ObtainaPermit.aspx http://www.ct.gov/deep/lib/deep/Permits_and_Licenses/LandUse_General_Permits/Inland_Water_General_Permits/CT_addendum_app.pdf http://www.ct.gov/deep/lib/deep/Permits_and_Licenses/LandUse_General_Permits/Inland_Water_General_Permits/CT_addendum_app.pdf http://www.cultureandtourism.org/cct/lib/cct/Project_Notification_Form_final.pdf

Applicants must concurrently submit three copies of the following to the CT DEEP at the address below:

• the Corps application form,

• 8.5” x 11” or 11” x 17” drawings and one large-scale drawing,

• wetlands functions and values assessment,

• Federal wetlands delineation documentation (data sheets),

• CT DEEP addendum, and

• a plan describing any proposed mitigation.

State of Connecticut

Department of Energy & Environmental Protection Central Permit Processing Unit

79 Elm Street Hartford, CT 06106-5127

NOTE: Applicants must submit all project revisions and modifications to both agencies.

The Corps will coordinate review of all PCN activities with federal and state agencies to ensure that the proposed activity results in no more than a minimal impact to the aquatic environment. To be eligible and subsequently authorized, an activity must meet the eligibility criteria in 2. General Permit Review Categories above and result in no more than minimal impacts to the aquatic environment as determined by the Corps in conjunction with the interagency review team which consists of federal and state resource agencies. This may require project modifications involving avoidance, minimization, and/or compensatory mitigation for unavoidable impacts to ensure the net effects of a project are minimal.

Written approval from the Corps for PCN activities is required before work can commence.

Emergency Situation Procedures: 33 CFR 325.2 (e) (4) states that an “emergency” is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures.” Notification to the Corps and CT DEEP – IWRD is required. The Corps will determine if a project qualifies as an emergency and will work with all applicable agencies to expedite authorization in emergency situations. If the project qualifies as an emergency, authorization under Self-verification or PCN of the GPs is not required.

Individual Permit Procedures: Work that is NOT eligible for authorization under the GPs as defined in the attached Appendix A – General Permits, or that does not meet the terms and conditions of the GPs, will require review under the Corps Individual Permit procedures (see 33 CFR Part 325.1). The applicant shall submit the appropriate application materials (including the Corps ENG 4345 application form) to the Corps of Engineers. General information and application forms can be obtained at the Corps web site noted in Paragraph 3 above. An individual Water Quality Certification is required from the CT DEEP, IWRD. The application form and instructions for Section 401 Water Quality Certification are available from the Connecticut DEEP web site at http://www.ct.gov/deep/cwp/view.asp?a=2709&q=324168&depNav_GID=1643.

http://www.ct.gov/deep/cwp/view.asp?a=2709&q=324168&depNav_GID=1643

TABLE 1. CONNECTICUT WATER QUALITY CERTIFICATION

Water Quality Certification – Non-Tidal Waters, Wetlands, and Watercourses * Department of the Army - General Permits for the State of Connecticut

WQC-201607149

Self-Verification (SV)

WHERE GRANTED, APPENDIX E: SELF-VERIFICATION

NOTIFICATION FORM AND PLANS ARE REQUIRED TO BE

FILED WITH CT DEEP – See Appendix E for instructions

Pre-Construction Notification (PCN)

WHERE GRANTED, APPLICATION TO CT DEEP IS

REQUIRED – See Section 1, II. 3. (pages 2-3 ) of the Army

Corps GP for instructions

GP 2. Repair or Maintenance of Existing Currently Serviceable, Authorized or Grandfathered Structures & Fills, Removal of Structures

Granted subject to the following restriction:

Drawdown does not exceed 18 months and one growing season (April through September)

Stream, river, brook or other watercourse crossings are not eligible for Section 401 Water Quality Certification under GP 2. (See GP 19.)

Culvert slip-lining is not eligible for Section 401 Water Quality Certification under GP2. (See GP 19.)

Granted for impacts not exceed 0.5 acre, subject to the following restriction:

Drawdown does not exceed 18 months and one growing season (April through September)

Stream, river, brook or other watercourse crossings are under GP 2. (See GP 19.)

GP 5. Boat Ramps & Marine Railways Granted

Granted for impacts not exceeding 0.5 acre.

GP 6. Utility Line Activities Granted

Granted for activities that receive written approval from the Connecticut Department of Energy and Environmental Protection (CT DEEP) through a formal cooperative state interagency screening process jointly conducted by the Connecticut Department of Transportation (CT DOT) and

CT DEEP.

Granted for activities conducted or funded by the Connecticut Department of Energy and Environmental Protection (CT DEEP) that receive written approval through a formal cooperative CT DEEP intra-agency screening process.

Other activities with impacts exceeding 0.5 acre require individual (regular) Section 401 Water Quality Certification.

GP 9. Shoreline & Bank Stabilization Projects

Granted for shoreline and banks stabilization activities that receive written approval from the Connecticut Department of Energy and Environmental Protection (CT DEEP) through a formal cooperative state interagency screening process jointly conducted by the Connecticut Department of Transportation (CT DOT) and CT DEEP.

Granted for shoreline and bank stabilization activities conducted or funded by the Connecticut Department of Energy and Environmental Protection (CT DEEP) that receive written approval through a formal cooperative CT DEEP intra-agency screening process.

Other shoreline stabilization activities exceeding 50 feet in length are not eligible for Section 401 Water Quality Certification under SV.

Other stream, river, or brook bank stabilization activities exceeding 50 feet in total length for one stream bank or 50 feet cumulative length for both stream banks are not eligible for Section 401 Water Quality Certification under SV.

Activities that include the placement of fill within the streambed beyond the toe of slope of the stream bank are not eligible for Section 401 Water Quality Certification under SV

Protection (CT DEEP) through a formal cooperative state interagency screening process jointly conducted by the Connecticut Department of Transportation (CT DOT) and

CT DEEP.

Granted for activities conducted or funded by the Connecticut Department of Energy and Environmental Protection (CT DEEP) that receive written approval through a formal cooperative CT DEEP intra-agency screening process.

Other shoreline stabilization activities exceeding 100 feet in total length require individual (regular) Section 401 Water Quality Certification.

Other stream, river, or brook bank stabilization activities exceeding 100 feet in total length for one stream bank or 100 feet cumulative length for both stream banks require

Department of the Army - General Permits for the State of Connecticut

WQC-201607149

Corps GP for instructions

GP 10. Aquatic Habitat Restoration, Establishment & Enhancement Activities

Granted for activities that receive written approval from the Connecticut Department of Energy and Environmental Protection (CT DEEP) through a formal cooperative state interagency screening process jointly conducted by the Connecticut Department of Transportation (CT DOT) and CT DEEP.

Granted for activities conducted or funded by the Connecticut Department of Energy and Environmental Protection (CT DEEP) or by a federal environmental resource management agency that receive written approval through a formal cooperative CT DEEP intra-agency screening process.

Other activities are not eligible for Section 401 Water Quality Certification under SV.

Granted

GP 11. Fish & Wildlife Harvesting Activities

GP 12. Oil Spill & Hazardous Material Cleanup

Waived Waived

GP 13. Cleanup of Hazardous & Toxic Waste

GP 14. Scientific Measurement Devices

GP 15. Survey Activities

GP 17. New/Expanded Developments & Recreational Facilities

Granted, except as noted below.

New roadway and driveway crossings in wetlands are not eligible for Section 401 Water Quality Certification under GP 17. (See GP 18.)

Stream, river, brook or other watercourse crossings are not eligible for Section 401 Water Quality Certification under GP17. (See GP 19.)

Granted for activities conducted or funded by the Connecticut Department of Energy and Environmental Protection (CT DEEP) that receive written approval through a formal cooperative state intra-agency screening process.

Other activities with impacts exceeding 0.5 acre require individual (regular) Section 401 Water Quality Certification.

New roadway and driveway crossings in wetlands are not eligible for Section 401 Water Quality Certification under GP 17. (See GP 18.)

Stream, river, brook or other watercourse crossings are under GP 18. (See GP 19.)

Department of the Army - General Permits for the State of Connecticut

WQC-201607149

GP 18. Linear Transportation Projects

– Wetland Crossings Only

Granted

Stream, river, brook or other watercourse crossings are

Protection (CT DEEP) through a formal cooperative state interagency screening process jointly conducted by the Connecticut Department of Transportation (CT DOT) and

CT DEEP.

Granted for activities conducted or funded by the Connecticut Department of Energy and Environmental Protection (CT DEEP) that receive written approval through a formal cooperative CT DEEP intra-agency screening process.

All other activities with impacts exceeding 0.5 acre require individual (regular) Section 401 Water Quality Certification.

Stream, river, brook or other watercourse crossings are

GP 19. Stream, River & Brook Crossings (Not Including Wetland Crossings)

Continued on next page

Granted for stream, river or brook crossings that receive written approval from the Connecticut Department of Energy and Environmental Protection (CT DEEP) through a formal cooperative state interagency screening process jointly conducted by the Connecticut Department of Transportation (CT DOT) and CT DEEP.

Granted for activities conducted or funded by the Connecticut Department of Energy and Environmental Protection (CT DEEP) that receive written approval through a formal cooperative CT DEEP intra-agency screening process.

Granted for all other stream, river, brook or other watercourse crossings by means of a BRIDGE or OPEN- BOTTOM STRUCTURE that meets the following standards:

spans at least 1.2 times the watercourse bank full width, allows for the continuous, uninterrupted flow of the

50-year frequency storm flows, no riprap is placed within or across the bed of the brook; and, appurtenant stream bank stabilization does not exceed 50 feet along any upstream or downstream bank.

Stream, river, brook and other watercourse crossings that do not meet the standards above are not eligible Section 401 Water Quality Certification for Self- Verification.

Culvert slip lining is not eligible for Section 401 Water Quality Certification for Self-Verification.

Wetland crossings are not eligible for Section 401 Water Quality Certification under GP 19. (See GP 18.)

Granted for stream, river or brook crossings that receive written approval from the Connecticut Department of Energy and Environmental Protection (CT DEEP) through a formal cooperative state interagency screening process jointly conducted by the Connecticut Department of Transportation (CT DOT) and CT DEEP.

Granted for activities conducted or funded by the Connecticut Department of Energy and Environmental Protection (CT DEEP) that receive written approval through a formal cooperative CT DEEP intra-agency screening process.

All other stream, river and brook crossings require individual (regular) Section 401 Water Quality Certification.

Wetland crossings are not eligible for Section 401 Water Quality Certification under GP 19. (See GP 18.)

Department of the Army - General Permits for the State of Connecticut

WQC-201607149

GP 19. Stream, River & Brook Crossings (Not Including Wetland Crossings)

Granted for stream, river, brook or other watercourse crossings using a culvert provided:

the tributary watershed to the culvert does not exceed 1 sq. mile (640 acres);

the culvert gradient (slope) is no steeper than the streambed gradient immediately upstream or downstream of the culvert, for a crossing constructed using a single box or pipe arch culvert, the inverts are set not less than

12 inches below the streambed elevation for a crossing constructed using multiple box or pipe arch culverts, the inverts of one of the boxes or pipe arch culverts are set not less than 12 inches below the elevation of the streambed, for a crossing constructed using a pipe culvert, the inverts are set such that not less than 25% of the pipe diameter or 12 inches, whichever is less, is set below the streambed elevation, the culvert is backfilled with natural substrate material matching upstream and downstream streambed substrate, the structure, including inlet and outlet protection measures, does not otherwise impede the passage of fish and other aquatic organisms, and the structure allows for continuous flow of the 50-year frequency storm flows

GP 21. Temporary Fill Not Associated With Any Other GP Activities

Granted Granted for activities that receive written approval from the Connecticut Department of Energy and Environmental Protection (CT DEEP) through a formal cooperative state interagency screening process jointly conducted by the Connecticut Department of Transportation (CT DOT) and

CT DEEP.

Granted for activities conducted or funded by the Connecticut Department of Energy and Environmental Protection (CT DEEP) that receive written approval through a formal cooperative CT DEEP intra-agency screening process.

Other activities with impacts exceeding 0.25 acre require

Department of the Army - General Permits for the State of Connecticut

WQC-201607149

* ACTIVITIES NOT ELIGIBLE FOR SECTION 401 CERTIFICATION UNDER THIS GENERAL PERMIT CERTIFICATION

The following activities are not eligible for Section 401 Water Quality Certification under this general permit certification and will require an individual (regular) Section 401 Water Quality Certification:

Detention or retention of stormwater in non-tidal waters, wetlands or watercourses including any watercourse or wetland crossing that by design or default functions to provide stormwater detention, and any construction of a stormwater detention or retention basin in non-tidal waters or wetlands.

Piping, boxing, enclosing or covering of a non-tidal watercourse for a purpose other than a driveway or roadway crossing.

Activities with direct, indirect or secondary impact(s) to: Special Wetlands(1), Threatened, Endangered, or Special Concern Species (2), Significant Natural Communities/Critical Habitats (2) identified by the Connecticut Natural Diversity Database.

Activities within a FEMA established floodplain that would adversely affect the hydraulic characteristics of the floodplain(3).

DEFINITIONS

(1) Special Wetlands: Include vernal pools, bogs, fens, cedar swamps, spruce swamps, calcareous seepage swamps, and wetlands that provide habitat for threatened or endangered species or species of special concern as designated by the State of Connecticut Natural Diversity Database. The following definitions for bogs, calcareous seepage wetlands, cedar swamps, fens, spruce swamps, and vernal pools apply for the purposes of this GP:

Bog: a peat accumulating wetland dominated by sphagnum moss. Typical plant species include sphagnum moss, leatherleaf, black spruce, pitcher plant and sundew.

Calcareous Seepage Swamp: a forested wetland characterized by the discharge of groundwater with a chemistry influenced by an underlying limestone geology.

Cedar Swamp: a forested wetland characterized by the presence of Northern White Cedar or Atlantic White Cedar.

Fen: a peat accumulating wetland dominated by sedges and/or ericaceous shrubs. Typical plant species include low sedges, ericaceous shrubs, sphagnum and other mosses.

Spruce Swamp: a forested wetland characterized by the presence of Red or Black Spruce.

Vernal Pool: an often temporary body of water occurring in a shallow depression of natural or human origin that fills during spring rains and snow melt and typically dries up during summer months. Vernal pools support populations of species specially adapted to reproducing in these habitats. Such species may include wood frogs, mole salamanders (Ambystoma sp.), fairy shrimp, fingernail clams, and other amphibians, reptiles and invertebrates. Vernal pools lack breeding populations of fish. All vernal pools are subject to the jurisdiction of the Connecticut Department of Energy and Environmental Protection under Connecticut Water Quality Standards.

(2) Threatened, Endangered or Special Concern Species; Significant Natural Communities/Critical Habitats: Species listed by CT DEP pursuant to Chapter 495 of the Connecticut General Statute as threatened or endangered species or species of special concern. General locations of threatened and endangered species and species of special concern, and significant natural communities/critical habitats are identified on maps published by the Connecticut Department of Energy and Environmental Protection entitled “Natural Diversity Data Base Areas” and on the CTECO Interactive Map Viewers at www.cteco.uconn.edu .

(3) Adverse Effect to Hydraulic Characteristics: An adverse effect to hydraulic characteristics includes an increase in flood water surface elevation, an increase in flood flow velocity or a restriction of flood flow conveyance in a manner that would impact upstream, downstream or adjacent property.

http://www.cteco.uconn.edu/

SECTION 2:

REVIEW CATEGORIES & APPLICATION PROCEDURES FOR PROJECTS WITHIN

TIDAL, COASTAL AND NAVIGABLE WATERS WITHIN THE STATE OF

CONNECTICUT

Connecticut’s coastal area is statutorily defined as: all lands and waters within the municipalities of Greenwich, Stamford, Darien, Norwalk, Westport, Fairfield, Bridgeport, Stratford, Shelton, Milford, Borough of Woodmont, Orange, West Haven, New Haven, Hamden, North Haven, East Haven, Branford, Guilford, Madison, Clinton, Westbrook, Deep River, Chester, Essex, Borough of Fenwick, Old Saybrook, Lyme, Old Lyme, East Lyme, Waterford, New London, Montville, Norwich, Preston, Ledyard, Groton (city, Town and Long Point Borough), Mystic and Stonington (Town & Borough) [Section 22a-94(a) CGS].

Navigable Waters: Navigable waters of the United States are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. The Connecticut River has been determined to be a navigable water of the United States. [Refer to Title 33 CFR Part 329]

I. ACTIVITIES COVERED:

• Work and structures that are located in, under or over any navigable water of the U.S. (defined at 33 CFR 329) that affect the course, location, condition, or capacity of such waters; or the excavating from or depositing material in navigable waters. (Regulated by the Corps under Section 10 of the Rivers and Harbors Act of 1899);

• The discharge of dredged or fill material into waters of the U.S. (defined at 33 CFR 328), which is regulated by the Corps under Section 404 of the Clean Water Act (CWA)

• The transportation of dredged material for the purpose of disposal in the ocean. The Corps regulates these activities under Section 103 of the Marine Protection, Research and Sanctuaries Act.

See 33 CFR 324.

II. REVIEW PROCESS:

1. Connecticut Department of Energy & Environmental Protection, Office of Long Island Sound Programs (DEEP OLISP) approvals:

In order for authorizations under these GPs to be valid and before commencing any work within Corps jurisdiction, applicants are responsible for applying for and obtaining any of the following required State or local approvals (see General Condition 1):

Water Quality Certification (WQC) Issuance or waiver under Section 401 of the Federal CWA (33 USC Section 1341). Section 401(a)(1) of the Clean Water Act requires that applicants obtain a WQC or waiver from the state water pollution control agency (CT DEEP) or EPA for Indian reservation lands to discharge dredged or fill material into waters of the U.S.

Coastal Zone Management Consistency (CZM) - Concurrence under Section 307 of the Federal CZM Act of 1972, as amended. Section 307(c) of the CZM of 1972, as amended, requires applicants to obtain a certification or waiver from CT DEEP OLISP that the activity complies with the state’s CZM program for activities affecting a state’s Coastal Area.

Project proponents involving dredging/excavation and associated disposal within the Byram River must also coordinate with NY DOS directly to obtain a certification or waiver that the activity complies with NYDOS’ CZM program. Also, all projects with disposal at any of the Long Island Sound Disposal Sites require NY DOS CZM consistency. Additional information can be found at their website: http://www.dos.ny.gov/opd/programs/consistency/.

2. Corps Authorizations:

a. Self-Verification (SV) – Applicants are not required to submit an Application or Appendix E to the Corps. Instead, DEEP OLISP will forward copies of application packages and their approvals to the Corps on a weekly basis. If the Corps determines that a project meets this category, the Corps will forward verification of eligibility to the applicant.

Activities in Connecticut and lands located within the boundaries of an Indian reservation may proceed without application or notification to the Corps if they:

• are subject to Corps jurisdiction

• meet the definition of Self-Verification in Appendix A - General Permits, and

• meet the General Conditions of the GPs

Note: Activities subject to Corps jurisdiction that are NOT regulated by the DEEP OLISP will be subject to the Pre-Construction Notification (PCN) screening requirements of the GPs as noted below.

Project proponents seeking eligibility under the SV category must comply with the General Conditions of the GPs and other federal laws such as the National Historic Preservation Act, the Endangered Species Act (ESA) and the Wild and Scenic Rivers Act. Therefore, consultation with the Corps and/or outside experts such as the State Historic Preservation Office and any appropriate Indian tribes is recommended when there is a likelihood of the presence of resources of concern.

b. Pre-Construction Notification (PCN) (notification/application and written authorization required)

Projects not eligible under the SV category of the GPs may be screened under PCN category, provided they meet the criteria.

http://www.dos.ny.gov/opd/programs/consistency/

Activities in Connecticut and lands located within the boundaries of an Indian reservation that meet the following criteria require written approval from the Corps:

• are subject to Corps jurisdiction,

• meet the definition of PCN in this Section, and

• meet the General Conditions of the GPs

3. Applying for authorization through the PCN process:

a. CT DEEP, OLISP regulated activities

Structures and Dredging Permit Applications: Applicants/agents shall submit to the Corps, a copy of the DEEP Permit Consultation Form for U.S. Army Corps of Engineers Review along with project plans. The Corps will then coordinate this information with the interagency review team (see paragraph 4 below) and then return the form to applicants/agents for their submission to DEEP OLISP.

Certificates of Permission (COPs), General Permits (GPs) and Modifications: OLISP will forward copies of application packages and approvals to the Corps. If a project is determined to meet any of the PCN activities and is complete, the Corps will coordinate these projects with the interagency review team. If the Corps determines that an Individual permit or additional information is required, the Corps will coordinate directly with the applicant/agent.

NOTE: For projects which involve dredging and open water disposal - Applicants/agents must submit requests for sampling plans to the DEEP, OLISP and the Corps simultaneously, along with other required information specific to dredging/open water disposal, a detailed open water disposal site alternative analysis, and a completed New York State, Department of State (NYS DOS) Federal Consistency Assessment Form found at http://nyswaterfronts.com/downloads/pdfs/fcaf2.pdf. Please see our website at http://www.nae.usace.army.mil/Regulatory/ for a list of all required additional information.

b. Aquaculture activities regulated by the Connecticut Department of Agriculture This refers to marine- and land-based aquaculture activities, including associated structures regulated by the Department of Agriculture, Bureau of Aquaculture (DA/BA), Connecticut General Statutes Section 22-11h.

Applicants should apply directly to the DA/BA using the Joint Application for Aquaculture form found at: http://www.nae.usace.army.mil/reg/Permits/CT_AquacultureApplication.pdf . The DA/BA will forward a copy of the aquaculture application package to the Corps, the State of Connecticut Department of Energy & Environmental Protection’s (CT DEEP) Boating Division, Marine Fisheries Division, Office of Long Island Sound Programs (OLISP), and CT DEEP, Inland Water Resources Division (IWRD) for activities impacting inland waters.

http://nyswaterfronts.com/downloads/pdfs/fcaf2.pdf http://www.nae.usace.army.mil/Regulatory/ http://www.nae.usace.army.mil/reg/Permits/CT_AquacultureApplication.pdf

These application packages for marine-based activities will be screened by the Corps, the Federal resource agencies, and the CT DEEP, OLISP with input from the CT DEEP Boating and Marine Fisheries Divisions. Screening will also initiate review of the application by the CT DEEP OLISP for Coastal Zone Management consistency concurrence. The CT DEEP OLISP will make a determination on the completeness of the application for CZM consistency review and/or the eligibility of the activity for state aquaculture permit exemption within 30 days from the date of the screening meeting.

4. Review Procedures:

The Corps will coordinate review of all PCN activities with federal and state agencies (interagency review team), as necessary. To be eligible and subsequently authorized, an activity must meet the eligibility criteria listed above and result in no more than minimal impacts to the aquatic environment as determined by the Corps. This may require project modifications involving avoidance, minimization, and/or compensatory mitigation for unavoidable impacts to ensure the net effects of a project are minimal. Applicants are responsible for applying for the appropriate state and local approvals. Authorizations under these GPs are not valid until all required CT DEEP, OLISP authorizations are granted.

Emergency Situation Procedures: 33 CFR 325.2 (e)(4) states that an “emergency” is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures.” Notification to the Corps is required. The Corps will determine if a project qualifies as an emergency and will work with all applicable agencies to expedite authorization in emergency situations. If the project qualifies as an emergency, authorization under these General Permits is not required.

Individual/Standard Permit Procedures: Work that is not eligible under PCN activities as described therein or that does not meet the terms and general conditions of the GPs, will require the submission of an application to the Corps for an Individual Permit (see 33 CFR Part 325.1).

The applicant should submit the appropriate application form and materials at the earliest possible date. General information and application forms can be obtained at our website at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/Obtaina Permit.aspx or by calling us. Individual WQC and CZM consistency concurrence are required, when applicable, from the State of Connecticut before Corps issuance of an individual permit.

Individual Water Quality Certification must be obtained from EPA for activities on lands located within the boundaries of an Indian reservation. The Corps encourages applicants to concurrently apply for a Corps Individual Permit and state permits.

APPENDIX A – GENERAL PERMITS

GP 1. AIDS TO NAVIGATION & TEMPORARY RECREATIONAL STRUCTURES (Section 10; navigable waters of the United States)

The placement of aids to navigation and regulatory markers which are approved by and installed in accordance with the requirements of the U.S. Coast Guard (see 33 CFR, chapter I, subchapter C, part 66)

Self-Verification (SV) Eligible

Pre-Construction Notification (PCN) Required

Aids to navigation and regulatory markers that are not located within Corps Federal Navigation Projects (FNPs*).

Temporary buoys, markers, floats, etc. for recreational use during specific events, provided they are not located within Corps FNPs and are removed within 30 days after use is discontinued.

No structures in Submerged Aquatic Vegetation

*FNPs are comprised of Federal Channels, anchorages and turning basins. Please click on the link below for more information:

http://www.nae.usace.army.mil/Missions/Navigation/ Connecticut-Projects/

Work not eligible for SV.

Aids to navigation or temporary markers, floats, etc. that are within a Corps FNP.

Temporary markers, floats, etc. that are not to be removed within 30 days.

http://www.nae.usace.army.mil/Missions/Navigation/Connecticut-Projects/ http://www.nae.usace.army.mil/Missions/Navigation/Connecticut-Projects/

GP 2. REPAIR OR MAINTENANCE OF EXISTING CURRENTLY SERVICEABLE, AUTHORIZED

OR GRANDFATHERED* STRUCTURES & FILLS, REMOVAL OF STRUCTURES (Section 10 & 404;

tidal and non-tidal waters of the U.S.) Repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. Includes removal of structures and fill. Not authorized under GP 2: (a) Permanent impacts >1/2 acre in tidal and non-tidal waters and/or wetlands, >1000 SF in tidal Special Aquatic Site (SAS) other than vegetated shallows, or >100 SF in tidal vegetated shallows.

Self-Verification (SV) Eligible Pre-Construction Notification (PCN) Required ≤5,000 s.f. of impacts in non-tidal waters & wetlands.

No fill in tidal waters & wetlands.

Bulkhead replacement via installation of new bulkhead within 18” of existing bulkhead & backfill.

Drawdown of impoundment for dam/levee repair provided it does not exceed 18 months and one growing season (April through September)

Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill.

Any bank stabilization measures not directly associated with the structure requires a separate authorization under

GP 9.

Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary discharges, such as sandbag cofferdams, access fills, etc. are necessary for construction activities or dewatering of construction sites.

Temporary fills must consist of materials and be placed in a manner, that will not be eroded by expected high flows.

They must be removed in their entirety and the affected areas returned to pre-construction elevations and must be re-vegetated as appropriate.

Work to previously approved tide gates with a Corps-approved operation and maintenance plan and tide gates not affecting the hydraulic regime.

No impacts in Special Aquatic Sites (SAS) – see definitions.

No slip lining or culvert relining that changes invert elevation.

NOTES:

1. Removal of bridge structures in navigable waters are covered under GP 8, if the Coast Guard issues a bridge permit.

2. Stream, river, brook or other watercourse crossings are not eligible under GP 2 (See GP 19).

Work not eligible for SV.

Removal of accumulated sediments and debris in the vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and/or the placement of new or additional riprap, minimum necessary to protect the structure.

The removal of accumulated sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. Excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer.

Drawdown of impoundment for dam/levee repair provided it does not exceed 18 months and one growing season (April through September)

*Grandfather dates include work performed & structures installed before 1968 & fill placed before 1975 for Corps purposes only.

GP 3. MOORINGS (Section 10; navigable waters of the U. S.)

New private, non-commercial, non-rental, single-boat moorings & temporary moorings including moorings to facilitate construction or dredging; minor relocation of previously authorized moorings and mooring field expansions, boundary reconfigurations or modifications of previously authorized mooring fields and maintenance and replacement of moorings.

Not authorized under GP 3 are: Moorings within Federal Navigation channels.

1. Private, non-commercial, non-rental, single-boat moorings and temporary moorings including moorings that facilitate construction or dredging provided:

No new moorings located in Federal anchorages;

No new moorings located in Special Aquatic Sites

(SAS);

No new moorings located in shellfish beds;

Authorized by local harbormaster/town;

When existing, authorized moorings in SAS are going to be replaced, they shall be replaced with low impact mooring technology that prevents mooring chains from resting or dragging on the bottom substrate at all tides and helical anchors, or equivalent SAS protection systems.

2. Minor relocation of previously authorized moorings, provided:

Authorized by the local harbormaster/town;

Not located in SAS;

Not located in Federal anchorages.

Moorings associated with an existing boating facility*.

Private moorings without harbormaster or local approval.

Moorings located such that they, and/or vessels docked or moored at them, are within the buffer zone of the horizontal limits of a Federal Anchorage. The buffer zone is equal to 3 times the authorized depth of that channel.

*Boating Facility: Facilities that provide for a fee, rent, or sell mooring space, such as marinas, yacht clubs, boat clubs, boat yards, town facilities, dockominiums, etc.

Locating new individual moorings in SAS, including eelgrass, should be avoided to the maximum extent practicable. If SAS cannot be avoided, plans should show elastic mooring systems that prevent mooring chains from resting or dragging on the bottom substrate at all tides and helical anchors, or equivalent SAS protection systems, where practicable. For moorings that appear to impact SAS, the Corps may require an eelgrass survey.

GP 4. PILE-SUPPORTED STRUCTURES & FLOATS, INCLUDING BOAT LIFTS/HOISTS

& OTHER MISCELLANEOUS STRUCTURES & WORK (Section 10; navigable waters of the U.S.) New, expansions, reconfigurations or modifications of structures for navigation access including floats, stairs, and boat/float lifts.

Not authorized under GP 4 are: (a) fill or excavation; (b) no structures within Federal Navigation channels; or

(c) structures associated with a NEW boating facility*.

Private residential structures with a length limit not to exceed 40’ beyond mean high water and to a depth of -4’ mean low water and limited to 4’ in width. The fixed pier component of the dock located in tidal wetlands shall be constructed such that the lowest horizontal member of the fixed pier is no lower than five (5) feet off the surface of any underlying wetland area.

Floats must be supported at least 18” above the intertidal and shallow sub-tidal substrate during all tidal cycles.

No structures located within Submerged Aquatic Vegetation

No structures or floats can be located within the buffer zone (3x the authorized depth of the FNP) of the horizontal limits of FNPs.

No structures or floats can extend across >25% of the waterway width at mean low water.

No new structures within 25’ of riparian property line extensions.

No new structures or floats associated with boating facilities.

No new pile-supported structures within Shellfish Concentration Areas as designated by the Connecticut Department of Environmental Protection, Coastal Area Management Program under CGS Sec. 22a-90

Reconfiguration of existing authorized structures;

private or commercial, provided those structures do not extend beyond the existing perimeter of the facility or encroach into Special Aquatic Sites.

New structures within an existing boating facility, provided those structures do not extend beyond the existing perimeter of the facility.

Structures or work in or affecting tidal or navigable waters that are not defined under any other GP activity.

Structures that are located within 25 feet of riparian property line extensions unless the properties are owned by the same owner. If so, the Corps may require a letter of no objection from the abutter(s).

*Boating Facility: Facilities that provide for a fee, rent, or sell mooring space, such as marinas, yacht clubs, boat clubs, boat yards, town facilities, dockominiums, etc.

GP 5. BOAT RAMPS & MARINE RAILWAYS (Sections 10 and 404; tidal and non-tidal waters of the U.S.) Activities required for the construction of boat ramps and marine railways, including excavation and fill.

Not authorized under GP 5: (a) Permanent and temporary fill >1/2 acre of non-tidal waters and/or wetlands,

(b) permanent and temporary impacts >1/2 acre in tidal waters; >1000 SF in tidal SAS other than vegetated shallows, or >100 SF in tidal vegetated shallows; or (c) dredging in navigable waters of the U.S. (see GP 7)

No work in tidal waters and wetlands of the United States.

≤5,000 SF of non-tidal waters and/or wetland fill (permanent and temporary).

No work April 1 through June 30 in non-tidal waters that support diadromous fish species.

Work occurs in tidal waters and wetlands of the United States.

Boat ramps are located within 25 feet of riparian property line extensions unless the properties are owned by the same owner. If so, the Corps may require a letter of no objection from the abutter(s).

GP 6. UTILITY LINE ACTIVITIES (Sections 10 & 404; tidal & non-tidal waters of the U.S.)

Activities required for (a) The construction, maintenance, relocation, repair, & removal of utility lines, including outfall and intake structures, and the associated excavation, backfill, or bedding for utility lines; (b) The construction, maintenance or expansion of utility line substation facilities associated with a power/utility line in non-tidal waters; and (c) The construction and maintenance of foundations for overhead utility line towers, poles, and anchors provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. This GP authorizes the construction of access roads to facilitate construction of the above activities provided the activity, in combination with all other activities included in one single and complete project, does not cause the permanent loss of greater than 1 acre of non-tidal waters of the U.S*. Impacts resulting from mechanized pushing, dragging or other similar activities that redeposit excavated soil material shall be figured into the area limit determination.

Not authorized under GP 6: (a) Permanent and temporary fill >1 acre of non-tidal waters and/or wetlands*,

(b) permanent and temporary impacts >1/2 acre in tidal waters; >1000 SF in tidal Special Aquatic Sites other than vegetated shallows, or >100 SF in tidal vegetated shallows; or (c) blasting or storage of equipment in wetlands.

No work in, over or under tidal waters.

No outfalls.

≤5,000 SF of non-tidal waters and/or wetland fill (permanent and temporary).

Intake structures that are dry hydrants used exclusively for firefighting activities with no stream impoundments.

No silt producing activities from April 1 through June 30 in non-tidal waters that support diadromous fish species.

NOTE: Construction mats of any area necessary to conduct activities do not count towards the 5,000 SF threshold and should be removed as soon as work is completed.

Overhead utility lines constructed over Section 10 waters…