12.g Attachment No. 6 - USACE Permit No. NAE-2022-00372 dated 08-01-2023.pdf

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NEW ENGLAND DISTRICT

696 VIRGINIA ROAD

CONCORD MA 01742-2751

August 1, 2023

Regulatory Division File Number: NAE-2022-00372

U.S. Coast Guard Civil Engineering Unit – Providence ATTN: Michael Carosotto 475 Kilvert Street Warwick, RI 02886 michael.p.carosotto@uscg.mil

Dear Mr. Carosotto:

We have reviewed your application to mechanically dredge approximately 2,435 cubic yards of material from an approximately 18,662 square foot area to a depth of -20 feet mean lower low water plus 2 feet of overdepth. The dredged material will be transported and disposed of at an upland location. Additionally, we have reviewed your application to drive approximately (45) 12-inch diameter timber piles and install (3) 8-foot by 12-foot foam filled berthing cushions along the pier. This project is located within the Thames River off property located at 1 Waterfront Park New London, Connecticut. The work is shown on the enclosed plans titled

“INSTALLATION OF NEW FENDER CUSHIONS AND DREDGE TO ELEVATION -20

FEET (MLLW), IN: THE THAMES RIVER, AT: CITY PIER, NEW LONDON, COUNTY:

NEW LONDON, STATE: CT” on 7 sheets, and dated “July 21, 2022”.

Based on the information you have provided, we verify that the activity is authorized under General Permit # 4 and #7 of the enclosed December 15, 2021 Federal permit known as the Connecticut General Permits (GPs). This verification is subject to the attached special conditions on 3 sheets entitled, “Regulatory Special Conditions for USCGC Eagle – City Pier Homeport, New London, CT, NAE-2022-00372”.

Also, since it has been determined that the activities authorized do not impair the usefulness of the US Army Corps of Engineers (USACE) Navigation project and is not injurious to the public interest, this authorization also constitutes your approval under Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408). In order to comply with the permission to alter the Thames River Federal Navigation Project, the permittee shall comply with all the terms and conditions outlined on the attached 4 sheets entitled, “Standard Terms, General Conditions, and Special Conditions, Section 408 (S408) Permission Request for the United States Coast Guard to Alter the New London Harbor Federal Navigation Project (FNP) in New London, Connecticut”.

Please review the enclosed GPs and general conditions carefully to be sure that you and whoever does the work understand its requirements. A copy of the GPs and this verification letter shall be available at the project site throughout the time the work is underway. Performing work within our jurisdiction that is not specifically authorized by this determination or failing to mailto:michael.p.carosotto@uscg.mil

- 2 -comply with any special condition(s) provided above or all the terms and conditions of the GPs may subject you to the enforcement provisions of our regulations.

This authorization expires on December 15, 2026, unless the GPs are modified, suspended, or revoked before then. You must commence or have under contract to commence the work authorized herein by December 15, 2026, and complete the work by December 15, 2027. If not, you must contact this office to determine the need for further authorization before beginning or continuing the activity. We recommend that you contact us before this permit expires to discuss a permit reissuance. If you change the plans or construction methods for work within our jurisdiction, please contact us immediately to discuss modification of this authorization. This office must approve any changes before you undertake them.

This authorization does not obviate the need to obtain other Federal, state, or local authorizations required by law.

We continually strive to improve our customer service. In order for us to better serve you, we would appreciate your completing our Customer Service Survey located at https://regulatory.ops.usace.army.mil/customer-service-survey/.

If you have any questions, contact Christopher L. Veinotte, of my staff, at 978-318-8495 or Christopher.L.Veinotte@usace.army.mil.

Sincerely, for Tammy R. Turley

Chief, Regulatory Division

Enclosures cc:

Darcy Winther, LWRD, darcy.winther@ct.gov Payson Whitney, TRC Companies, pwhitney@trccompanies.com https://regulatory.ops.usace.army.mil/customer-service-survey/ mailto:Christopher.L.Veinotte@usace.army.mil mailto:darcy.winther@ct.gov mailto:pwhitney@trccompanies.com

Regulatory Special Conditions for USCGC Eagle – City Pier Homeport, New London, CT, NAE-2022-00372

1. Except where stated otherwise, reports, drawings, correspondence and any other submittals required by this permit shall be marked with the words “Permit No. NAE-2022-00372 and submitted via: a) MAIL: Regulatory Division, Corps of Engineers, New England District, ATTN: Christopher Veinotte, 696 Virginia Road, Concord, MA 01742-2751; b) EMAIL:

Christopher.L.Veinotte@usace.army.mil and cenae-r@usace.army.mil; or c) FAX: (978) 318-8303. Documents which are not marked and addressed in this manner may not reach their intended destination and do not comply with the requirements of this permit.

Requirements for immediate notification to the Corps of Engineers shall be done by telephone to (978) 318-8338.

2. All construction shall be completed in accordance with the limits of construction and construction sequences detailed on the enclosed plan drawings, titled INSTALLATION OF

NEW FENDER CUSHIONS AND DREDGE TO ELEVATION -20 FEET (MLLW), IN:

THE THAMES RIVER, AT: CITY PIER, NEW LONDON, COUNTY: NEW LONDON,

STATE: CT,” on a total of 7 sheets, and dated “July 21, 2022”. If you change the plans or construction methods for work within or adjacent to the Thames River, please contact us immediately to discuss modification of this authorization. The Corps of Engineers must approve any changes before you undertake them.

3. At least 10 days prior to the initial dredge/disposal action, or any time dredging/disposal resumes after ceasing for 30 days or more, the permittee or their representative shall submit the enclosed Dredge and Disposal Request Form if transporting dredge material by vessel.

This will allow the Corps of Engineers to verify conditions at the dredge/disposal site.

Dredging/disposal shall not begin or resume until the Corps of Engineers issues a Dredge, Transportation, and Disposal Approval Letter. Submittal of the Dredge and Disposal Request Form is not a guarantee that an approval letter will be issued. The letter will include the approved start and end dates and disposal point coordinates that may differ from those specified for other projects using the same disposal site or even from those specified earlier for this project. The permittee shall contact us as early as possible to request an extension if you anticipate not completing dredge or disposal operations before the approved end date.

4. The permittee shall complete and return the enclosed Work Start Notification Form to this office at least two weeks before the anticipated starting date.

5. The First Coast Guard District, Local Notice to Mariners Office, (617) 223-8161, the First Coast Guard District, Aids to Navigation Office, (617) 223-8358, and the Department of Homeland Security, U. S. Coast Guard – Sector Long Island Sound, (203) 468-4454, shall be notified at least ten working days in advance of the intended start date of the location and estimated duration of the dredging operations.

6. The permittee shall ensure that no dredging or disposal will occur February 1 through September 30, inclusive of any year, to minimize adverse impact to fisheries resources at the dredge site.

7. The permittee shall ensure rocks will be relocated to an area of equivalent depth and substrate type.

mailto:Christopher.L.Veinotte@usace.army.mil mailto:cenae-r@usace.army.mil

8. A pre- and post-dredge survey shall be submitted by the permittee to the Corps within 60 days of the completion of dredging. The survey must have the authorized and actual dredged areas outlined and must show a calculation of the volume of material removed, based on the pre- and post-dredge surveys.

9. National Dredging Quality Management (DQM) Program Requirements:

a. Transportation of dredged material by vessel requires monitoring by the contractor, which must be performed using the DQM system. Address questions regarding certification to the Corps New England District DQM contact (see contact information above).

b. The permittee is required to follow the DQM specifications, including the DQM information transfer protocol, located at http://dqm.usace.army.mil. The Corps must have certified each disposal vessel used for this project within a year of the disposal activity and you must send the DQM Certification and the Annual System Quality Assurance Verification to the Corps with the Dredge and Disposal Request Form.

The permittee is responsible for ensuring that the DQM system is operational throughout the project and that project data are submitted to the National DQM Support Center in accordance with the specifications provided at the aforementioned website. Disposal may not take place if any component of the DQM system is inoperable unless otherwise authorized by the Corps New England District DQM contact (see contact information above). An alternative recording of the absent data stream must be maintained if any of the DQM-certified telemetry ceases operation during a disposal trip. The breakdown of any DQM-certified telemetry must be reported to the DQM contact and repaired within 48 hours to keep the scow fully compliant with permit conditions. Unless weather, safety or sea state conditions prevent it, the hull doors must be fully closed on split hull scows before the vessel leaves the disposal site.

c. The DQM system used by the permittee must be capable of providing the information necessary for the Scow Monitoring Profile Specification. The permittee must provide the Corps with a: i) “Weekly Summary Report Form” at the end of each week that dredging and disposal activities are conducted for the duration of the project; and ii) “Seasonal/Final Completion of Dredging with Open-Water Disposal Report Form” upon completion of dredging and disposal for the season and project. These will be provided to you with the Dredge and Disposal Approval Letter that authorizes the initiation or continuation of disposal operations. The permittee must make the data collected by the DQM system available to the Corps upon request.

10. The permittee shall utilize soft start methods for any pile-driving activities to allow animals an opportunity to leave the project vicinity before sound pressure levels increase. In addition to using a soft start at the beginning of the workday for pile driving, one must also be used at any time following cessation of pile driving for a period of 30 minutes or longer.

http://dqm.usace.army.mil/

a. For impact pile driving: Pile driving will commence with an initial set of three strikes by the hammer at 40% energy, followed by a one-minute wait period, then two subsequent 3-strike sets at 40% energy, with one-minute waiting periods, before initiating continuous impact driving.

b. For vibratory pile installation: Pile driving will be initiated for 15 seconds at reduced energy followed by a one-minute waiting period. This sequence of 15 seconds of reduced energy driving, one-minute waiting period will be repeated two additional times, followed immediately by pile-driving at full rate and energy.

11. There shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein, and no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters within or adjacent to the activity authorized herein.

Standard Terms, General Conditions, and Special Conditions, Section 408 (S408) Permission Request for the United States Coast Guard to Alter the New London Harbor

Federal Navigation Project (FNP) in New London, Connecticut

I. STANDARD TERMS AND CONDITIONS:

LIMITS OF THE AUTHORIZATION

1. This permission only authorizes you, the requester, to undertake the activity described herein under the authority provided in Section 14 of the Rivers and Harbors Act of 1899, as amended (33 USC 408). This permission does not obviate the need to obtain other federal, state, or local authorizations required by law. This permission does not grant any property rights or exclusive privileges, and you must have appropriate real estate instruments in place prior to construction and/or installation.

2. The time limit for completing the S408 work authorized ends concurrently with the expiration of the Department of the Army Permit. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

3. Without prior written approval of the USACE, you must neither transfer nor assign this permission nor sublet the premises or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this permission. Failure to comply with this condition will constitute noncompliance for which the permission may be revoked immediately by USACE.

4. The requester understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration of the work herein authorized, or if, in the opinion of the Secretary of the Army or an authorized representative, said work will cause unreasonable conditions and/or obstruction of USACE project authorized design, the requester will be required upon due notice from the USACE, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim can be made against the United States on account of any such removal or alteration.

INDEMNIFICATION AND HOLD HARMLESS

5. The United States will in no case be liable for:

a. any damage or injury to the structures or work authorized by this permission that may be caused or result from future operations undertaken by the United States, and no claim or right to compensation will accrue from any damage; or

b. damage claims associated with any future modification, suspension, or revocation of this permission.

6. The United States will not be responsible for damages or injuries which may arise from or be incident to the construction, maintenance, and use of the project requested by you, nor for damages to the property or injuries to your officers, agents, servants, or employees, or others who may be on your premises or project work areas or the federal project(s) rights-of-way. By accepting this permission, you hereby agree to fully defend, indemnify, and hold harmless the United States and USACE from any and all such claims, subject to any limitations in law.

7. Any damage to the water resources development project or other portions of any federal project(s) resulting from your activities must be repaired at your expense.

REEVALUATION OF PERMISSION

8. The determination that the activity authorized by this permission would not impair the usefulness of the federal project and would not be injurious to the public interest was made in reliance on the information you provided.

9. This office, at its sole discretion, may reevaluate its decision to issue this permission at any time circumstances warrant, which may result in a determination that it is appropriate or necessary to modify or revoke this permission. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. you fail to comply with the terms and conditions of this permission;

b. the information provided in support of your application for permission proves to have been inaccurate or incomplete; or

c. significant new information surfaces which this office did not consider in reaching the original decision that the activity would not impair the usefulness of the water resources development project and would not be injurious to the public interest.

CONDUCT OF WORK UNDER THIS PERMISSION

10. You are responsible for implementing any requirements for mitigation, reasonable and prudent alternatives, or other conditions or requirements imposed as a result of environmental compliance.

11. Work/usage allowed under this permission must proceed in a manner that avoids interference with the inspection, operation, and maintenance of the federal project.

12. In the event of any deficiency in the design or construction of the requested activity, you are solely responsible for taking remedial action to correct the deficiency.

13. The right is reserved to the USACE to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes, to make inspections, to operate and/or to make any other use of the lands as may be necessary in connection with government purposes, and you will have no claim for damages on account thereof against the United States or any officer, agent or employee thereof.

14. You must provide copies of pertinent design, construction, and/or usage submittals/documents. USACE may request that survey and photographic documentation of the alteration work and the impacted project area be provided before, during, and after construction and/or installation.

15. You may be required to perform an inspection of the federal project with the USACE, prior to your use of the structure, to document existing conditions.

16. USACE shall not be responsible for the technical sufficiency of the alteration design nor for the construction and/or installation work.

II. SPECIAL CONDITIONS:

EC 1165-2-220, part 16.e allows for Districts to include any special conditions as requirements for approval of the S408 request.

17. Work associated with this permit shall not cause undue obstructions to navigation. Any material, large object(s), construction machinery or equipment that is lost, dumped, thrown into, or otherwise entering the waterway shall be removed immediately. The New London Harbormaster shall be informed about the nature of the object and location of the object entering the waterway at (860) 443-2247. If immediate removal is impractical and the object entering the waterway is, or could become, an obstruction or hazard to navigation, the object shall be suitably marked to protect navigation and the U.S. Coast Guard, Waterways Management Section, First Coast Guard District, Sector Long Island Sound, shall be notified immediately at (203) 468-4401.

18. The permittee shall not interfere with Corps of Engineers personnel or its contractors engaged in hydrographic surveys, maintenance or improvement of the existing FNP. If, in the opinion of the Corps, the permittee’s structures or vessels attached to them must be moved to allow for the maintenance or improvement of the existing FNP, the permittee shall move the structures or vessels as directed by the Corps.

19. The permittee shall not hold the Government or its contractor responsible for damage(s) to these structures or any vessels tied to them during surveying or dredging operations.

20. Any equipment being used for constructing the proposed work is required to shift or move to accommodate the movement or passage of vessels and floating equipment utilizing the federal navigation project features. The water-based equipment shall comply with all requests for passage or to move or interrupt work for a reasonable time period from a vessel utilizing the anchorage to enter of leave the channel.

21. For work near Federal Navigation Projects (FNPs), the as-built drawing(s) shall also include:

a. The structure’s horizontal location relative to the closest FNP and the waterway, horizontal coordinates, the FNP limits, bar (graphic) scale, north arrow, and the dates of the survey and drawings.

b. The structure’s horizontal state plane coordinates in U.S. survey feet based on the

Connecticut, CT-0600 NAD 1983.

22. All submittals to the Corps shall be marked with the words “Permit No. NAE-2022-

00372.” Send Corps submittals to: (a) Regulatory Division, Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751; or (b) cenae-r@usace.army.mil . Documents which are not marked and addressed in this manner may not reach their intended destination and do not comply with the requirements of this permit.

LOCUS MAP INSTALLATION OF NEW FENDER

CUSHIONS AND DREDGE TO

ELEVATION -20 FEET (MLLW)

N

LOCUS

SITE PLAN INSTALLATION OF NEW FENDER

ELEVATION -20 FEET (MLLW)

CO

NNECTICUT

NEW

LO

NDO

N, CITY PIER

DREDGE PLAN INSTALLATION OF NEW FENDER

CUSHIONS AND DREDGE TO

PIER PLAN INSTALLATION OF NEW FENDER

ELEVATION -20 FEET (MLLW)

A A

SECTION A-A INSTALLATION OF NEW FENDER

ELEVATION -20 FEET (MLLW)

S E

C T

IO

N

A -A

TYPICAL CUSHION PLAN INSTALLATION OF NEW FENDER

ELEVATION -20 FEET (MLLW)

B

B

TYPICAL CUSHION PLAN

SECTION B-B INSTALLATION OF NEW FENDER

SECTION B-B

(continued on next page) 1 December 2019

DREDGE AND DISPOSAL REQUEST FORM

Complete and send this form to: (978) 318-8303 (fax), cenae-r@usace.army.mil or:

Policy and Technical Support Branch Regulatory Division U.S. Army Corps of Engineers, New England District 696 Virginia Road Concord, MA 01742-2751

Submittal Date

Corps File Number

Permittee’s Information Name Street City/State/Zip Contact Person Phone Number Email

Contractor’s Information Name Street City/State/Zip Contact Person

Captain’s Information (This is not required to submit this form, but is required as soon as possible before transportation of dredged material begins.)

Name

2 December 2019

Complete the following for all projects except upland disposal and beach nourishment:

Dredge Information Dredge site name and address

Disposal site name and address (if available)

Start and end dates List any Corps provided time of year restrictions

Is this initial or continuing work?

Previous volume dredged CY Estimated volume remaining CY Permitted total volume CY Project dredge depth

Vessel Information

Disposal vessel name Vessel

Capacity Date vessel certified in DQM

Required (1) DQM Certification;

and (2) Annual System Quality Assurance Verification for this vessel are attached (yes or no)

I have read and understand the dredging special conditions in this permit:

PERMITTEE’S NAME PERMITTEE’S SIGNATURE DATE

CONTRACTOR’S NAME CONTRACTOR’S SIGNATURE DATE

CAPTAIN’S NAME CAPTAIN’S SIGNATURE DATE

WORK-START NOTIFICATION FORM

(Minimum Notice: Two weeks before work begins)

EMAIL TO: Christopher.L.Veinotte@usace.army.mil, cenae-r@usace.army.mil and

Christina.M.Comeau@usace.army.mil or MAIL TO:

Christopher L. Veinotte Christina M. Comeau Policy & Technical Support Branch Navigation Section Regulatory Division Programs & Project Management Division U.S. Army Corps of Engineers, New England District U.S. Army Corps of Engineers, New England District 696 Virginia Road 696 Virginia Road Concord, Massachusetts 01742-2751 Concord, Massachusetts 01742-2751 Corps of Engineers Permit No. NAE-2022-00372 was issued to the USCG. This work is located within New London Harbor and authorized dredging leveling over an approximately 18,662 square foot area to a depth of -20 feet mean lower low water plus 2 feet of overdepth along with installation of (45) 12-inch timber piles and (3) 8-foot by 12-foot berthing cushions.

The people (e.g., contractor) listed below will do the work, and they understand the permit's conditions and limitations.

PLEASE PRINT OR TYPE

Name of Person/Firm:

Business Address:

Business Address:

Phone & email: ( ) ( )

Proposed Work Dates: Start: Finish:

Permittee/Agent Signature: Date:

Printed Name: Title:

Date Permit Issued: Date Permit Expires:

FOR USE BY THE CORPS OF ENGINEERS

PM: Veinotte Submittals Required: See Letter Inspection Recommendation:

mailto:Christopher.L.Veinotte@usace.army.mil mailto:Christina.M.Comeau@usace.army.mil