ACOE Permitting and Permit Plans.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW ENGLAND DISTRICT

NEW ENGLAND DISTRICT OFFICE

696 VIRGINIA ROAD

CONCORD MASSACHUSETTS 01742-2751

October 14, 2025

Regulatory Division New England District Connecticut & Rhode Island Section

NAE-2020-01556 (GP-CRS)

David Nourse Town of Southington 196 N Main St Southington, CT 06489 Via Email: noursed@southington.org

Dear Mr. Nourse:

This letter is in response to the application you submitted to the U.S. Army Corps of Engineers (USACE), New England District on September 2, 2025 for a Department of the Army general permit verification. We have assigned this project file number NAE- 2020-01556, which you should reference in all correspondence with this office.

A review of the information provided indicates the proposed work includes the replacement of the existing Marion Avenue Bridge No. 131017 which will involve a discharge of permanent fill material within an unnamed tributary of Humiston Brook. The fill will consist of approximately 269 square feet for the installation of a 4-sided precast concrete box, and temporary impacts within approximately 461 square feet for installation of temporary cofferdams and pumping pipes waterward of the ordinary high water mark of the unnamed tributary of Humiston Brook. The project is located in unnamed inland brook; approximately 0.1 miles North of Marion Avenue/Old Mountain Road (Route 322) intersection, at Latitude 41.565119º and Longitude -72.925156º; in Southington, Hartford County, Connecticut. The work is shown on the enclosed plans titled “MARION AVENUE; BRIDGE REPLACEMENT; BRIDGE NO. 131017; MARION AVENUE OVER UNNAMED BROOK; SOUTHINGTON, CT”, on 6 sheets, and dated 7/18/2025.

Based on the information you have provided, we verify that the activity is authorized under General Permit USACE Connecticut GP 19. Stream, River, And Brook Crossings (Not Including Wetland Crossings) of the December 15, 2021, federal permit known as the Connecticut General Permits (GPs). If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised application must be submitted to this office for written approval before work is initiated. You can find a copy of these permits at: https://www.nae.usace.army.mil/Missions/Regulatory/State- General-Permits/

Any deviation from the terms and conditions of the permit, or your submitted plans, may subject the permittee to the enforcement provisions of our regulations. Therefore, in the event changes to this project are contemplated, it is recommended you coordinate with this office prior to proceeding with the work. This office must approve any changes before you undertake them. You must perform this work in compliance with the terms and conditions of the GPs listed above, and also in compliance with the following special conditions:

Project Specific Special Conditions:

1. The permittee shall complete and return the enclosed Work-Start Notification Form to this office at least two weeks prior to the anticipated construction start date.

2. The permittee shall complete and return the enclosed Completion Certification Form to this office at least one month following the completion of the authorized work.

3. You must maintain the activity herein in good condition and in conformance with the terms and conditions of this authorization. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with a general condition of these GPs. Should you wish to cease to maintain the authorized activities, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this authorization from this office, which may require restoration of the area.

4. All construction shall be completed in accordance with the limits of construction and construction sequences detailed on the enclosed plan drawings, titled “MARION

AVENUE; BRIDGE REPLACEMENT; BRIDGE NO. 131017; MARION AVENUE OVER

UNNAMED BROOK; SOUTHINGTON, CT,” on a total of 6 sheets, and dated “July 18, 2025”. If you change the plans or construction methods for work within or adjacent to the Unnamed Brook, please contact us immediately to discuss modification of this authorization. USACE must approve any changes before you undertake them.

This verification is valid until December 15, 2026. You must commence or be under contract to commence the work authorized herein by December 15, 2026 and complete the work by December 15, 2027 (ONE YEAR AFTER VERIFICATION EXPIRATION). If not, you must contact this office to determine the need for further authorization before beginning or continuing the activity. It is recommended that you contact this office before this authorization expires to discuss if permit reissuance is a possibility.

This GP verification and any associated authorizations does not preclude the necessity to obtain any other federal, state, or local permits, licenses, and/or certifications, which may be required.

This determination becomes valid only after the Connecticut Department of Energy & Environmental Protection (DEEP) issues or waives the following applicable State permits: Certificate of Permission (COP); General Permit (LIS-GP); Tidal Wetlands

Permit; Structures and Dredging and Filling Permit; Water Quality Certification (WQC) as required under Section 401 of the Clean Water Act; and/or a Section 307 Coastal Zone Management Act consistency determination. In the event the DEEP denies any of these permits, this determination becomes null and void. The address of the DEEP office for your area is provided in the enclosed GP.

If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Charlotte Skolnick, project manager at 978-318-8145, or by email at charlotte.r.skolnick@usace.army.mil. This agency continually strives to improve our customer service. To better serve you, please complete the Customer Service Survey located at:

https://regulatory.ops.usace.army.mil/customer-service-survey/.

Sincerely, Kelly Egan Interim Chief, CT/RI Section

Enclosures

Cc (w/enclosures):

Ken Radziwon, BL Companies (via kradziwon@blcompanies.com)

Work-Start Notification Form

File Number: NAE-2020-01556 State: Connecticut County: Hartford

Permittee: Town of Southington, David Nourse Date Verification Issued: 10/14/2025 Project Manager: Charlotte Skolnick

At least two weeks prior to commencing the activity authorized by this permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS

New England District

Attn: Charlotte Skolnick 696 Virginia Road

Concord, MA 01742 Or cenae-r-ct@usace.army.mil and charlotte.r.skolnick@usace.army.mil 978-318-8145

Please note that your permitted activity is subject to a compliance inspection by a U. S.

Army Corps of Engineers (USACE) representative. Failure to comply with any terms or conditions of this authorization may result in the USACE suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

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

Contractor Name/Contractor Firm: _______________________________________ Business Address: ____________________________________________________ Contractor Phone and Email: ___________________________________________

Proposed Construction Dates: Start: _____________ Finish: ___________

Signature of Permittee Date

ENG FORM 6285, DEC 2024 PREVIOUS EDITIONS ARE OBSOLETE.

U.S. Army Corps of Engineers (USACE)

CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT

For use of this form, see Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899, and Section 103 of the Marine Protection, Research, and Sanctuaries Act; the proponent agency is CECW-COR.

Form Approved -

OMB No. 0710-0003

Expires 2027-10-31

The Agency Disclosure Notice (ADN)

The Public reporting burden for this collection of information, 0710-0003, is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PURPOSE: This form is used by recipients of U.S. Army Corps of Engineer Regulatory permits to certify compliance with the permit terms and conditions.

Your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation.

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the U.S. Army Corps of Engineers, New England District, Regulatory Office.

The certification can be submitted by email at cenae-r-ct@usace.army.mil or by mail at the below address:

U.S. Army Corps of Engineers

New England District Office

Street Address: 696 Virginia Road

City: Concord State: Massachusetts Zip Code: 01742-2751

COMPLETED BY THE CORPS

Corps Action Number: NAE-2020-01556

Permit Type: General Permit

General Permit Number and Name (if applicable): 19. Stream, River, And Brook Crossings (Not Including Wetland Crossings)

Name of Permittee: David Nourse

Project Name: Town of Southington- Marion Ave Bridge Southington, CT

Project Location (physical address): approximately 0.1 miles North of Marion Avenue/Old Mountain Road

Southington, Connecticut (41.565119, -72.925156)

PERMITTEE'S CERTIFICATION

Date Work Started:

Date Work Completed:

Enclose photographs showing the completed project (if available).

I hereby certify that the work authorized by the above referenced permit has been completed in accordance with all of the permit terms and conditions, and that any required compensatory mitigation has been completed in accordance with the permit conditions.

Name Date Signature

Applicant: General Public, State of Connecticut Effective Date: December 15, 2021 Expiration Date: December 15, 2026

DEPARTMENT OF THE ARMY

REGIONAL GENERAL PERMITS FOR THE

STATE OF CONNECTICUT

The New England District of the U.S. Army Corps of Engineers (USACE) hereby issues twenty-three (23) regional general permits (GPs), listed in Appendix A, for activities subject to USACE jurisdiction in waters of the United States (U.S.), including navigable waters within the State of Connecticut, adjacent ocean waters to the seaward limit of the outer continental shelf, and tribal lands1. These GPs are issued in accordance with USACE regulations at 33 CFR 320 - 332 [see 33 CFR 325.5(c)(1)] and authorize activity-specific categories of work that are similar in nature and cause no more than minimal individual and cumulative adverse environmental impacts while providing protection to the aquatic environment and the public interest.

This document contains the following sections and appendices: Page Section 1 – Review Categories and Application Procedures for Non-Tidal Waters 3 Section 2 – Review Categories and Application Procedures for Tidal Waters 7 Section 3 – Content of Preconstruction Notification 12 Appendix A – General Permits for The State of Connecticut and Tribal Lands 17 Appendix B – General Conditions 48 Appendix C – Standard Aquaculture Terms and Conditions for General Permit 16 59 Appendix D – Contacts 62 Appendix E – Self-Verification Notification Form 64 Appendix F – Definitions 66 Appendix G – Stream Crossing Best Management Practices (BMPs) 72 Appendix H – Diadromous Fish in Connecticut 75

GENERAL CRITERIA

For activities to qualify for these GPs, they must meet the terms, eligibility criteria and stipulations listed in Appendix A – General Permits, the general conditions (GCs) in Appendix B, and any special conditions included in verification letters that are deemed necessary to protect aquatic resources.

Under these GPs, projects may qualify for the following:

Self-Verification (inland): A Self-Verification Notification Form (SVNF) and supporting materials are required

Self-Verification (coastal): An SVNF is not required, except for GP 12. USACE relies on Connecticut Department of Energy and Environmental Protection (CT DEEP) and applicant/agent submittals.

Pre-Construction Notification (PCN):

o Inland: Application to, and written approval from, USACE is required.

o Coastal: Notification to USACE provided by CT DEEP or by applicants as necessary. Written approval from USACE is required.

1 Tribal reservation lands are considered a sovereign nation and are therefore acknowledged separately from the State of Connecticut.

If an activity is not eligible for Self-Verification (SV), a PCN is required to allow USACE an opportunity to thoroughly review a proposed GP activity to ensure that the proposed activity qualifies for GP authorization. If the proposed activity does not qualify for GP authorization, USACE will inform the applicant and advise them on the process for seeking an Individual Permit. The thresholds for activities eligible for SV and PCN are stated in Appendix A. A number of terms and conditions can be found throughout the GPs and Appendices, including the General Conditions in Appendix B, which apply to all projects. These GPs do not affect the USACE Individual Permit review process or activities exempt from USACE regulation. The USACE does not intend to exclude projects from utilizing the SV process where Section 7 ESA, MSA (EFH), or Section 106 NHPA consultation is required and completed by another lead Federal agency; provided the scope of those actions sufficiently encompass the USACE Regulatory action.

Tammy R. Turley Date Chief, Regulatory Division

December 15, 2021 ammy R Turley

SECTION 1

REVIEW CATEGORIES AND APPLICATION PROCEDURES FOR ACTIVITIES WITHIN

NON-TIDAL WATERS AND WETLANDS WITHIN THE

STATE OF CONNECTICUT AND TRIBAL LANDS

I. JURISDICTION AND ACTIVITIES COVERED:

Authorizations are required for activities that will involve the discharge of dredged or fill material and certain discharges associated with excavation into waters of the U.S., including wetlands. These activities are regulated by USACE under Section 404 of the Clean Water Act (CWA), see 33 CFR 323 (see GC 2).

II. REVIEW PROCESS

1. State and Local Approvals - Water Quality Certification (WQC)

Section 401(a)(1) of the Clean Water Act (33 USC Sec.1341) requires that applicants proposing to discharge dredged or fill material into waters of the U.S. obtain a WQC or waiver from the certifying state water pollution control agency, which is CT DEEP or the U.S. Environmental Protection Agency (EPA) on Indian reservation lands. The CT DEEP has granted WQC for all activities authorized under these CT GPs provided those activities meet the criteria as contained in these General Permits.

A written determination of concurrence of eligibility for Section 401 WQC prior to the start of construction from the CT DEEP Commissioner is required for all PCN activities. Applicants seeking a written concurrence of eligibility for PCN activities must apply to the CT DEEP on such form as the Commissioner may prescribe and with such information as the Commissioner deems necessary to fulfill the purposes of Section 401 of the Federal CWA. Upon completion of the review and evaluation of such application, the Commissioner will issue either a written concurrence of eligibility determination of Section 401 Certification upon such terms, limitations or conditions as the Commissioner deems necessary, or a written determination that an individual (regular) Section 401 WQC is required for the proposed activity.

The EPA granted WQC for activities located on lands within the boundaries of an Indian Reservation.

2. Self-Verification Review Category

a. Notification: An application to the USACE is not required. However, submittal of a SVNF and required accompanying materials to USACE and CT DEEP in accordance with Section 2(c) below, at least two weeks prior to commencement of work authorized by these GPs, is required.

b. Eligibility Criteria: Activities in Connecticut and tribal lands that meet the following criteria are eligible under SV of this GP if they:

Are subject to USACE jurisdiction (see Appendix B, GC 2);

Meet the SV criteria in Appendix A - General Permits;

Meet the requirements of the applicable GCs in Appendix B;

Meet all other applicable terms and conditions of these GPs; and Result in no more than minimal impacts to the aquatic environment.

Project proponents seeking authorization under these GPs by qualifying for SV must comply with all GCs and other relevant federal laws such as the National Historic Preservation Act (NHPA), the Endangered Species Act (ESA) and the Wild and Scenic Rivers Act. Consequently, applicant consultation with USACE and outside experts such as the Connecticut State Historic Preservation Office (SHPO), which is the Connecticut Department of Economic and Community Development in Connecticut, Connecticut Native American Indian tribes (see Appendix D) and the National Park Service, is required for SV eligible activities when there is a likelihood of the presence of resources of concern and the proposed work has the potential to affect these resources. Federal agencies should follow their own procedures for complying with the above requirements and shall provide USACE with the appropriate documentation to demonstrate compliance with those requirements for both SV and PCN review.

c. How to Obtain Self-Verification Verification: Prospective permittees must:

(1) Confirm that the activity meets all the applicable SV eligibility criteria, terms and conditions stated in 2(b) above;

(2) Notify the CT SHPO and the State of Connecticut federally recognized Indian tribes and/or Tribal Historic Preservation Officers (THPOs) listed in Appendix D and GC 11 for submission requirements;

(3) Obtain an Official Species List of federally threatened and endangered species that may occur in the activity’s action area (see GC 12); and

(4) Submit the SVNF and its required accompanying materials (see Appendix E) to USACE and CT DEEP at least two-weeks prior to start of project construction. Digital submittals by email (preferred), CD/DVD or USB flash drive are strongly encouraged. Please communicate with USACE staff if you are unable to provide a digital copy as allowances will be made. See https://www.nae.usace.army.mil/Missions/Regulatory/Submitting-Electronic-Correspondence for information about our electronic submittal process.

Email: cenae-r-ct@usace.army.mil Mail: Regulatory Division - Branch B, U.S. Army Corps of Engineers, New England

District, 696 Virginia Road, Concord, MA 01742-2751

Email:

Mail: State of Connecticut, Department of Energy & Environmental Protection, 79 Elm Street, Hartford, CT 06106-5127

(5) If the activity is eligible for SV, you will receive a written verification from USACE. If it is determined that the work is not eligible for SV, you will be notified within 14-days of receipt of the

SVNF.

3. PCN Review Category

a. Notification: For activities that are not eligible for SV or when it is stated that a PCN is required, an application to, and written verification from, USACE is required. No work requiring a PCN may proceed until written verification from USACE has been received.

b. Eligibility Criteria: Activities in Connecticut and tribal lands that meet the following criteria may be eligible for authorization under these GPs:

Are subject to USACE jurisdiction (see Appendix B, GC 2);

Meet the criteria of PCN in Appendix A – General Permits;

Meet the requirements of the applicable GCs in Appendix B;

Meet all other applicable terms and conditions of these GPs;

Result in no more than minimal impacts to the aquatic environment, as determined by USACE in conjunction with the interagency review team which consists of Federal and State resource agencies. In some instances, 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; and Receive written concurrence of eligibility with the 2021 GP WQC from CT DEEP before start of work.

c. Applying for authorization through the PCN process: Applicants must submit a PCN to USACE. See Section 3 for a full list of PCN requirements. Digital submittals by email (preferred), CD/DVD or USB flash drive are strongly encouraged. Please communicate with USACE staff if you are unable to provide a digital copy as allowances will be made. See https://www.nae.usace.army.mil/ Missions/Regulatory/Submitting-Electronic-Correspondence for information about our electronic submittal process. USACE staff will notify you if a paper copy or large-scale drawings are required for the evaluation.

Email: cenae-r-ct@usace.army.mil Mail: Regulatory Division - Branch B, U.S. Army Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751

Email:

Mail: State of Connecticut, Department of Energy & Environmental Protection, 79 Elm Street, Hartford, CT 06106-5127

In addition to submitting a PCN to USACE, applicants must concurrently submit an LWRD Transmittal Form and Application Form L to CT DEEP, which can be found at: Land and Water Resource Division LWRD Applications (ct.gov) or https://www.nae.usace.army.mil/Missions/Regulatory/State-General- Permits/Connecticut-General-Permit. Follow the application submission instructions on these forms.

Email:

Mail: State of Connecticut, Department of Energy & Environmental Protection, 79 Elm Street, Hartford, CT 06106-5127

4. Emergency Procedures: Written authorization under these emergency procedures is required.

Contact USACE immediately in the event of an emergency to obtain information on the verification process and coordination requirements. USACE regulation at 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.” Emergency work is subject to the same terms and conditions of these GPs as non-emergency work, and similarly, must qualify for authorization under these GPs;

otherwise, an Individual Permit shall be required. Upon notification, USACE will determine if a project qualifies for emergency procedures under the GPs and whether work may proceed prior to submittal of an application. Where an application is required, USACE staff will work with all applicable agencies to expedite verification according to established procedures in emergency situations.

5. Individual Permit Procedures: Work that is NOT eligible for authorization under the GPs as defined in Appendix A – General Permits and applicable GCs, or that does not meet the applicable terms and conditions of the GPs, will require review under USACE Individual Permit procedures (see 33 CFR 325.1). Applicants shall submit the appropriate application materials to USACE. General information and the application form can be obtained at http://www.usace.army.mil/Missions/ CivilWorks/RegulatoryProgramandPermits/ObtainaPermit.aspx.

Water Quality Certification for Individual Permits: Section 401(a)(1) of the CWA (33 USC 1341) requires that applicants proposing to discharge dredged or fill material into waters of the U.S. obtain a WQC or waiver from the certifying state water pollution control agency, which is CT DEEP in Connecticut or the EPA on Indian reservation lands. If the proposed work includes a discharge of fill or dredged material in waters of the U.S. and will require an Individual WQC from the CT DEEP, an applicant must submit a certification pre-filing meeting request to that agency at least 30-days prior to submitting the 401 WQC certification request. The CT DEEP is not obligated to respond to the pre-filing meeting request or to grant the meeting, but the agency may choose to grant one where early joint interagency and applicant coordination has the opportunity to promote efficiency in the Section 401 decision making process. A 401 WQC certification request must be submitted simultaneously to the certifying pollution control agency (CT DEEP or EPA) and USACE. Information pertaining to the Federal regulation is available at https://www.epa.gov/CWA-401 and state-specific information can be found at the CTDEEP website http://www.ct.gov/deep/cwp/view.asp?a=2709&q=324168&depNav_ GID=1643. These links are also available at https://www.nae.usace.army.mil/Missions/Regulatory/ State-General-Permits/Connecticut-General-Permit.

SECTION 2

REVIEW CATEGORIES & APPLICATION PROCEDURES FOR ACTIVITIES WITHIN

TIDAL, COASTAL AND NAVIGABLE WATERS AND WETLANDS WITHIN THE

STATE OF CONNECTICUT

I. JURISDICTION AND ACTIVITIES COVERED

1. CT DEEP

a. Jurisdiction: In the tidal, coastal, or navigable waters of Connecticut waterward of the coastal jurisdiction line (CJL), CT DEEP regulates dredging; the erection of structures; the placement of fill; and work incidental thereto pursuant to Connecticut General Statutes (CGS) Section 22a-359. Activities within tidal wetlands are regulated pursuant to CGS Section 22a-32.

Your activity may be regulated by both CGS Sections 221-359 and 22a-32.

One of the following regulatory limits will apply to the activity:

CJL: For activities not within tidal wetlands, the CJL is the upland limit of state regulatory jurisdiction, CGS Section 22a-359(c).

Mean High Water Mark (MHW): For projects located upstream of a tide gate, dam, or weir, use MHW. The use of MHW would not apply to areas where a culvert, pipe, or narrow channel is causing a restriction as the purpose and function of such devices are not to modify the flow of tidal water (their purpose is to convey water).

Tidal Wetland Boundary: Use the tidal wetland boundary if tidal wetland vegetation is located landward of CJL or MHW. The upland limit of tidal wetlands is one foot above local extreme high water, CGS Section 22a-29(2). Local extreme high water is defined in Section 22a-30-2(h) of the Tidal Wetlands Regulations as the elevation of the one-year frequency tidal flood at a particular location as shown on the most recently adopted U.S. Army Corps of Engineers tidal flood profile (https://www.nae.usace.army.mil/Portals/74/docs/regulatory/ Forms/TidalFloodProfiles.pdf).

b. Authorizations:

Water Quality Certification (WQC): Section 401(a)(1) of the Clean Water Act (33 USC Sec.

1341) 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 (CZM) Consistency: 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, Land and Water Resources Division that the activity complies with the state’s CZM program for activities affecting a state’s Coastal Area.

Projects involving dredging/excavation and associated disposal within the Byram River must also coordinate with NY Department of State (NYDOS) directly to obtain a certification or waiver that the activity complies with NYDOS’ CZM program. Also, all projects with disposal within any of the Long Island Sound disposal sites require NY DOS CZM consistency. See https://dos.ny.gov/coastal-consistency-review for additional information.

2. USACE

a. Jurisdiction:

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, the Connecticut River has been determined to be a navigable water of the United States. (Regulated by USACE 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 USACE under Section 404 of the CWA

The transportation of dredged material for the purpose of disposal in the ocean. The USACE regulates these activities under Section 103 of the Marine Protection, Research and Sanctuaries Act. See 33 CFR 324.

Use or alteration of a Civil Works project by another party is subject to approval by USACE under Section 408 of the Rivers and Harbors Act of 1899 after determining that the alteration proposed will not be injurious to the public interest and will not impact the usefulness of the Civil Works project.

b. Authorizations:

1. Self-Verification (SV): Applicants should submit a copy of their state permit application package directly to USACE and not submit Appendix E of the CT GPs to USACE unless specifically required (see GP 12). CT DEEP, Land and Water Resources Division, will forward copies of their approvals to USACE. If USACE determines that a project meets SV, USACE will forward verification of eligibility to the applicant.

SV Eligibility Criteria 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 Appendix B -General Conditions of the GPs

Note: Activities subject to Corps jurisdiction that are NOT regulated by the CT DEEP 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 (NHPA), the Endangered Species Act (ESA) and the Wild and Scenic Rivers Act (WSRA).

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.

2. Regional General Permit Pre-Construction Notification (PCN) (notification/application and written authorization required)

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

PCN Eligibility Criteria 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 meets the criteria in Appendix A -

General Permit Activities meet the Appendix B - General Conditions of the GPs

3. PCN process for each of the following CT DEEP approvals:

a. CT DEEP, Land and Water Resources Division regulated activities Structures and Dredging Permit Applications: Applicants/agents shall submit to the Corps, a copy of the LWRD License Application Pre-Submission Consultation Form – U. S. Army Corps of Engineers along with project plans. The Corps will then coordinate this information with the interagency review team (see 4. Review Procedures on the next page) and then return the form to applicants/agents for their submission to DEEP. This form can be found at:

https://portal.ct.gov/- /media/DEEP/Permits_and_Licenses/Land_Use_Permits/LWRD/consultUSACEpdf.pdf

Certificates of Permission (COPs), General Permits (GPs) and Modifications:

Applicants/agents shall submit to the Corps copies of application packages and approvals. 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.

For a full list of PCN requirements, see Section 3.

NOTE: For projects which involve dredging and open water disposal - Applicants/agents must submit requests for sampling plans to CT DEEP 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 https://dos.ny.gov/system/files/documents/2020/09/fcaf_fillable.pdf.

The information needed to develop a sampling and analysis plan can be found at:

https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/NAE_SAP_Checklist.pdf?ver =YjOLbfZYTyHnt3Vc9QJpyg%3d%3d

Please see our website at https://www.nae.usace.army.mil/Missions/Regulatory/State-General- Permits/Connecticut-General-Permit/ for more information.

Please also note for dredging projects, CT DEEP requires a completed Pre-Submission Consultation form, LWRD Application Pre-Submission Consultation Form, found at:

https://portal.ct.gov/-/media/DEEP/Permits_and_Licenses/Land_Use_Permits/LWRD/consultdredgingpdf.pdf to be submitted with any license application to DEEP. For further guidance on the CT DEEP consultation process please refer to the following document, “Reference for Coastal/Tidal Dredging” found at:

https://portal.ct.gov/-/media/DEEP/Permits_and_Licenses/Land_Use_Permits/LWRD/referencedredgingpdf.pdf

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, CT DEEP’s Boating Division, Marine Fisheries Division, and CT DEEP, Inland Water Resources Division (IWRD) for activities impacting inland waters.

These application packages for marine-based activities will be screened by the Corps, the Federal resource agencies, and the CT DEEP with input from CT DEEP Boating and Marine Fisheries Divisions. Screening will also initiate review of the application by CT DEEP for Coastal Zone Management consistency concurrence. CT DEEP 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 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 authorizations are granted.

Emergency Procedures: “Written approval to proceed” under these emergency procedures is required. Contact the Corps immediately in the event of an emergency to obtain information on the verification process and coordination requirements. Corps regulation at 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.” Emergency work is subject to the same terms and conditions of these GPs as non-emergency work, and similarly, must qualify for authorization under these GPs; otherwise, an Individual Permit shall be required.

Upon notification the Corps will determine if a project qualifies for emergency procedures under the GPs and whether work may proceed prior to submittal of an application. Where an application is required, Corps staff will work with all applicable agencies to expedite verification according to established procedures in emergency situations.

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 all the appropriate application materials, including the Corps ENG 4345 application form. General information and application 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.

Water Quality Certification for Individual Permits: Section 401(a)(1) of the Clean Water Act (33 USC Sec. 1341) requires that applicants proposing to discharge dredged or fill material into waters of the U.S. obtain a WQC or waiver from the certifying state water pollution control agency, which is the (CT DEEP) or the EPA on Indian reservation lands. If the proposed work includes a discharge of fill or dredged material in waters of the U.S. and will require an Individual WQC from CT DEEP, an applicant must submit a certification pre-filing meeting request to that agency at least 30-days prior to submitting the 401 WQC certification request.

CT DEEP is not obligated to respond to the pre-filing meeting request or to grant the meeting, but the agency may choose to grant one where early joint interagency and applicant coordination can promote efficiency in the Section 401 decision making process. A 401 WQC certification request must be submitted simultaneously to the 401 certifying pollution control agency (CT DEEP) and the Corps. Information pertaining to the federal regulation is available at https://www.epa.gov/CWA-401 and state-specific information can be found at the CTDEEP web site at http://www.ct.gov/deep/cwp/view.asp?a=2709&q=324168&depNav_GID=1643.

SECTION 3

CONTENT OF PRECONSTRUCTION NOTIFICATION

I. INFORMATION REQUIRED FOR ALL PROJECTS

The USACE application form (ENG Form 4345) is required for all inland activities. The form can be obtained electronically at www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and- Permits/Obtain-a-Permit. The CT DEEP LWRD Structures, Dredging & Fill or Certificate of Permission applications can be substituted for the USACE application form for activities in coastal waters provided it includes all the information required below. Submit a copy of the CT DEEP application directly to USACE.

All anticipated direct, indirect, and secondary impacts, both permanent and temporary, to waters of the U.S. (in wetlands, and waterward of OHW in inland waters and the HTL in coastal waters) in square feet, acres, or linear feet (for stream and bank impacts), and cubic yards or other appropriate units of measure. The USACE New England District’s Compensatory Mitigation Standard Operating Procedures document is a resource for assessing secondary impacts (https://www.nae.usace.army.mil/Missions/Regulatory/Mitigation).

For any activity that will alter or temporarily or permanently occupy or use a USACE Federally authorized Civil Works project, the PCN must include a statement confirming that the project proponent has submitted a written request for Sec. 408 permission from USACE. See GC 8(c) and (d).

Information on historic properties (see GC 11), including a copy of the CT SHPO form found at:

https://portal.ct.gov/-/media/DECD/Historic-Preservation/01_Programs_Services/Environmental- Review/ProjectNotificationForm_2021.pdf

Information on Federal threatened or endangered species present at the site including a copy of the USFWS IPAC Official Species List, the NOAA Section 7 Species List (see GC 12) and the email address of the person who generated the list.

If applicable, a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions (see GC 17).

Photographs of wetland and/or waterway to be impacted. Photos at low tide are preferred for work in coastal waters.

Provide any historic information available that you may have for the project area, e.g., existing USACE permit/file numbers, the names under which the permits were obtained if the permit/file numbers are unknown, construction dates and proof of prior existence (aerials, photos, town hall records, affidavits, state, or local permits, etc.) to verify “grandfathering.”

If the project is in the Federal Emergency Management Agency designated floodplain or floodway, state whether the project will adversely affect the hydraulic characteristics of these features or existing floodplain storage capacity (see GC 5).

Information required for dredge activities shall also include:

Sampling plan requests – submit completed Dredged Material Evaluation checklist found at Dredged Material Evaluation Checklist, Sampling and Analysis Plan Requirements from Applicant (army.mil)

Whether the work is new, improvement or maintenance dredging and the method of handling/transporting the dredged material.

Grain-size of material to be dredged (e.g., silty sand). Provide any existing sediment grain size and bulk sediment chemistry data from the proposed project, previous dredging at the site, or from nearby projects.

Information on any recent spills of oil and/or other hazardous materials and/or nearby outfalls.

Document the information source, e.g., EPA database, the harbormaster or fire chief.

Total footprint of the dredged area when characterizing impact to resources.

Provide an alternatives analysis to open-water disposal.

II. Plans for all projects shall include:

Drawings, sketches, or plans that are legible, reproducible (color is encouraged, but features must be distinguishable in black and white), drawn to scale, and no larger than 11”x17”. Numeric and graphic/bar scales must agree, and plan details must be measurable using a standard engineer’s scale on printed plans. Reduced plans are not acceptable. Show the north arrow and wetland and waterway area impacts. Provide a color locus map and, if necessary, a plan overview of the entire property with a key index to the individual impact sheets.

Datum in plan and elevation views.

• The horizontal datum shall be in the NAD 83 Connecticut State Plane Coordinate System (Long

Island Sound) in U.S. survey feet.

• The vertical data in coastal projects shall be referenced to either MLLW or the North American

Vertical Datum of 1988 (NAVD 88). Both the distance and depth units shall be U.S. survey feet.

See https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/VerticalDatumLetter.pdf

Existing and proposed conditions, and plan views and cross sections for all work.

Limits and area (SF) of temporary and permanent fill to be placed in any wetlands or waterway, including construction access and work areas, cofferdams, bedding, and backfill. Show delineation of all wetlands including salt marsh; other special aquatic sites (vegetated shallows, mudflats, riffles and pools, coral reefs, and sanctuaries and refuges); other waters, such as lakes, ponds, vernal pools, and perennial, intermittent, and ephemeral streams; on the project site. Use Federal delineation methods and include USACE wetland delineation data sheets (see GC 2) for all wetlands. Vegetated shallow survey guidance is located at https://www.nae.usace.army.mil/Missions/Regulatory/ Jurisdiction-and-Wetlands/. Maps of vegetated shallows in Connecticut can be obtained online from CT ECO at https://cteco.uconn.edu/viewer/index.html?viewer=advanced

Copies of NRCS Topographic Map (identify the quad name and year) or NOAA Navigation chart (identify chart number) if in coastal waters marked to show the project location and/or site boundaries.

Ebb and flood in tidal waters and direction of flow in non-tidal waters.

Indicate the relationship of the proposed work site to waters of the U.S., i.e., adjacent wetlands, tidal influence or hydraulic connectivity through culverts, or other conveyances, etc.

Total plan of development, including the proposed use of dependent upland and wetland areas.

Names or numbers of all roads in the site’s vicinity.

Name and addresses of adjoining property owners on the plan view.

For typical pipeline cross-sections, the details of the bedding and backfill to be used in wetlands and waters. Show proposed trench dams and detail for inland projects.

Adjacent Federal navigation project (FNP) (anchorage or channel) and/or state/local navigation projects, distance to them, the authorized depths of the FNP, and state plane coordinates of the seaward end(s) of structures near an FNP.

The 100, 500-year and regulatory floodway boundaries as shown on the community’s current FEMA National Flood Insurance Program maps, if applicable.

Include plans for any temporary water handling systems.

Include appropriate plans for any phase construction sequencing.

A statement regarding how the project proponent has determined the absence or presence of vegetated shallows, mudflats, or riffles and pools, e.g., personal visual observation, divers, online maps, conversations with local officials, etc. Note: a submerged aquatic vegetation survey may be required.

Presence or absence of shellfish beds near the site and how such was determined, e.g., personal visual observation, divers, online maps, conversations with local officials, etc. Note: a shellfish survey may be required.

1 . Plans for projects involving structures shall also include:

The MLLW, MHW and HTL elevations in tidal waters, and OHW in non-tidal navigable waters.

Water depths around the project in all views.

Dimensions of the existing and proposed structures. Show the location and dimensions of existing bulkheads and/or shoreline stabilization on adjacent properties and, if applicable, how the proposed work will tie into existing structures.

For piers and other structures, the minimal height of structures frame above the marsh.

For floats, the methods of securing them (piles, bottom anchors) and for keeping them off substrate

(skids, stops) at low water.

Any existing structures and moorings in waters adjacent to the proposed activity, their dimensions, and the distance to the limits and coordinates of any proposed mooring field, reconfiguration zone or aquaculture activity. Provide the coordinates for all corners based on the Connecticut State Plane Coordinate System. Specify the maximum number of slips and/or moorings within proposed reconfiguration zones. If no structures exist or are proposed, state this on the project plans.

The dimensions of the structure or work and extent of encroachment waterward of MHW and from a fixed point on the shoreline or upland.

Shoreline of adjacent properties and property boundary offset for structures.

In narrow waterbodies, the distance to opposite shoreline, waterway width, and structures across from proposed work.

For reconfiguration zones, the coordinates of the corners and specify the maximum number of slips and/or moorings within the zone.

A description of the type of vessels that would use the facility, and any plans for sewage pump-out facilities, fueling facilities and contingency plans for oil spills.

2. Plans for projects involving fill shall also include:

All locations of discharges of dredged or fill material waterward of the HTL or OHW.

Describe historic permanent fill previously authorized by USACE, if known, and the date of authorization.

The MLLW, MHW and HTL elevations in tidal waters, and OHW elevation in lakes and non-tidal streams.

Structures, if any, proposed to be erected on the fill.

Limits of wetlands (label: wetland boundary) and waterways (labels: OHW or HTL) on all views.

Limits of temporary and permanent fill to be used in any wetland or waterway, including construction access and work areas, cofferdams, bedding, and backfill.

Provide a description of the federal wetlands and aquatic habitats at the site and provide a map of their locations within the project area. Provide an assessment of the impacts expected from the project on the wetlands and aquatic resource functions. For wetlands include the Corps of Engineers Wetland Determination Data Form – Northcentral and Northeast Region consistent with the Regional Supplement to the Corps of Engineers Wetland Delineation Manual:

Northcentral and Northeast Region and include the federal wetland boundary keyed to paired transect plots on the project’s existing condition plan(s). See https://www.nae.usace.army.mil/Missions/Regulatory/Jurisdiction-and-Wetlands/Wetland- Delineation-Manual for more information.

Description (length, width, flow character, water quality and streambed condition) of any streams at the project site

Area (SF) of each fill that is waterward of the OHW in non-tidal waters, waterward of the HTL in tidal waters, and in wetlands.