REQUEST FOR BID PROPOSALS

FOR

GREAT RIVER PARK IMPROVEMENT PROJECT

301 East River Drive, East Hartford, CT

BID NO. 26-05

Owned by: TOWN OF EAST HARTFORD

DEPARTMENT OF PUBLIC WORKS

740 MAIN STREET

EAST HARTFORD, CT 06108

Park Operator: RIVERFRONT RECAPTURE, INC.

Designer: GEI CONSULTANTS, INC.

Vol. 1, Page 1 of 160 Bid No. 26-05 Great River Park Improvements Project

VOLUME 3

ATTACHMENT A

OWNER OBTAINED PERMITS

Vol. 3, Page 2 of 197

Issued for Bid January 22, 2025 Riverfront Recapture, Inc.

Attachment A

Owner Obtained Permits (and test results)

• USACE Section 404 Permit (incl. time of year restrictions for Pile Driving)

• USACE Section 408 Permit

• CT DEEP Structures Dredge and Fill and 401 WQC (incl. Mussell Relocation

Plan)

• Town of East Hartford Inland Wetlands Permit

• Geotechnical (Borings) and Environmental Test Report

Vol. 3, Page 3 of 197

October 4, 2024 File Number: NAE-2022-00480 CT DEEP File Number: 202200467-SDF

Riverfront Recapture, Inc. / Great River Park Improvements Attn: Marc Nicol 50 Columbus Boulevard Hartford, Connecticut 06106 mnicol@riverfront.org

Dear Mr. Nicol:

We have reviewed your application to the CT Dept. of Energy & Environmental Protection, Land and Water Resources Division to remove two (2) existing timber pier and concrete surface overlooks; to install a new 105-ft long (total) x 10 to 11-ft wide, steel pile-supported, L-shaped, concrete-decked fishing pier; and to extend an existing timber float to improve ADA accessibility and expand usable area by 180 square feet.

The work will take place in the Connecticut River within Great River Park at 301 East River Drive, East Hartford, Connecticut. The work is shown on the enclosed plans titled

“GREAT RIVER PARK IMPROVEMENTS, 301 EAST RIVER DRIVE, EAST

HARTFORD, CONNECTICUT 06108,” prepared by GEI Consultants, Inc., in 11 sheets, with Cover Sheet dated MAY 26, 2022, with sheets C-007 and C-008 revised July 12, 2022, and sheets C-004 and C-006 revised November 4, 2022. The purpose of the project is to improve public access to the Connecticut River for fishing and boating.

Specifically, the following work is proposed:

• Remove two (2) existing timber pier and concrete-surface overlooks; including the removal of 54 existing timber piles from above the mudline; and

• Install a new approximately 85-ft. long x 10-ft wide concrete-decked, fixed fishing pier with a 20-ft. x 11-ft. L-shaped pierhead and deck elevation of 15-ft.

(NAVD88), supported by fourteen, 16-in. diameter, concrete-filled steel pipe piles. Approximately 90 feet of the total fishing pier length (includes 20 feet of the pierhead length) extends into the waterway beyond Mean High Water (MHW). Also, to

• Install a 24-in. diameter concrete-filled steel pipe pile approximately 6-in. from the western corner of the L- pierhead of the fishing pier; and

• Install 80 linear feet of orange debris boom at the water surface (with no appurtenances beneath) waterward of MHW anchored to the upland and the

Vol. 3, Page 4 of 197 mailto:mnicol@riverfront.org

24-in. diameter pile described above, to help protect the boat ramp and float(s) and reduce maintenance costs associated with debris removal; and

• At the existing dock on the southern side of the public boat launch ramp:

remove 7 pairs (total of 14) of existing 10-in. diameter timber ADA float support piles and replace them with 10 pairs (total of 20) 10-in. diameter timber ADA float support piles (net increase of 3 pairs, or 6 new ADA float support piles);

and install two 16-in. diameter concrete-filled, steel pipe float restraint piles; and

• Also, at the existing dock on the southern side of the public boat launch ramp:

install/attach three (3) new floats, consisting of: a 25.5-ft. long x 8-ft. wide float, a 5-ft. long by 8-ft. wide float, and a 30-ft. long x 6-ft. wide float.

Based on the information you have provided, we verify that the activity is authorized under General Permit # 4 of the enclosed December 15, 2021, Federal permit known as the Connecticut General Permits (GPs). This verification is subject to the following special conditions:

1. If pile driving is occurring during a time of year when ESA-listed species may be present, and the anticipated noise is above the behavioral noise threshold, a “soft start” is required 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.

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.

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.

2. Fisheries Protection: Pile driving and/or pile removal is prohibited between December 1st to June 30th, inclusive, of any year unless otherwise authorized in writing by the CT DEEP Commissioner. The specific closure dates are as follows December 1st to March 31st, inclusive to protect federally endangered shortnose sturgeon; and April 1st to June 30th, inclusive to protect diadromous fish migration and spawning.

Vol. 3, Page 5 of 197

3. Float stops shall be used to prevent the subsurface of the floats from resting on the substrate during low water conditions.

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

Further, since it has been determined that the activities authorized do not impair the usefulness of the Connecticut River Left Bank & Hockanum River Right Bank - East Hartford, CT Flood Risk Management System (FRMS) in East Harford, operated and maintained by the USACE and Town of East Hartford, Connecticut, 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). To comply with the permission to alter portions of the Connecticut River Left Bank & Hockanum River Right Bank - East Hartford, CT Flood Risk Management System (FRMS) in East Harford, Connecticut, the permittee shall comply with all the terms and conditions outlined on the attached letter dated September 25, 2024, addressed to Marc Nicol, Director of Planning & Park Development, Riverfront Recapture, Inc., from David I. Margolis, P.E., PMP, Chief, Engineering Division, Levee Safety Officer. Please note that included in the Special Conditions in the 9-25-2024 letter, are three (3) conditions requiring that documents be submitted to USACE at least 30 days prior to the start of construction.

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 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.

Vol. 3, Page 6 of 197

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/

Please contact Paula Kullberg, of my staff, at (978) 318-8170 if you have any questions.

Ryan Malterud Deputy Chief Regulatory Division

Enclosures cc:

CT DEEP, Chief, Land & Water Resources Division, Darcy Winther:

Darcy.Winther@ct.gov CT DEEP, Permit Analyst, LWRD, Farrah Ashe: Farrah.Ashe@ct.gov Town of East Hartford, John Lawlor: engineering@easthartfordct.gov GEI Consultants, Inc., Brad Saunders: bsaunders@geiconsultants.com GEI Consultants, Inc., John McGrane: jmcgrane@geiconsultants.com Chief, CENAE-ENG, David I. Margolis: David.I.Margolis@usace.army.mil

Vol. 3, Page 7 of 197 Bid No. 26-05 Great River Park Improvements Project mailto:Darcy.Winther@ct.gov mailto:Farrah.Ashe@ct.gov mailto:engineering@easthartfordct.gov mailto:bsaunders@geiconsultants.com mailto:jmcgrane@geiconsultants.com mailto:David.I.Margolis@usace.army.mil

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NEW ENGLAND DISTRICT

696 VIRGINIA ROAD

CONCORD MA 01742-2751

September 25, 2024

Engineering Division Geotechnical/Water Resources Branch

Marc Nicol Director of Planning & Park Development Riverfront Recapture, Inc.

10 Columbus Boulevard Hartford, CT 06016

Dear Mr. Nicol:

This letter is regarding the Riverfront Recapture, Inc. request to perform the proposed Great River Park Improvement Project, which could impact portions of the Connecticut River Left Bank & Hockanum River Right Bank - East Hartford, CT Flood Risk Management System (FRMS) in East Harford, Connecticut.

The New England District of the U.S. Army Corps of Engineers (USACE) has completed its review of the request to perform the proposed project under Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 408 (Section 408). This evaluation was performed consistent with Engineer Circular (EC) 1165-2-220. Based on this evaluation, the New England District is granting permission to execute the Great River Park Improvement Project as specified in the request and subject to compliance with the terms and conditions below.

The proposed project is located at the Connecticut River Left Bank & Hockanum River Right Bank - East Hartford, CT Flood Risk Management System (FRMS), which was constructed between December 1938 and July 1943. The FRMS was authorized by the Flood Control Act of 28 June 1938 (House Document No. 455, 75th Congress, 2d Session), as modified by Public No. 859, 76th Congress, approved 15 October 1940.

Prior to construction of the FRMS, the town of East Hartford entered a Local Cooperation Agreement (LCA) with USAGE. The town of East Hartford provided the lands, easements, and rights-of-way needed to construct the project and agreed to operate and maintain the project once it was constructed. The town of East Hartford is the non-federal sponsor for this FRMS. The East Hartford Department of Public Works (DPW) currently operates and maintains the FRMS.

The FRMS is approximately 20,700 feet long and extends from high ground near Greene Terrace to high ground near the intersection of Brewer Lane and Central

Vol. 3, Page 8 of 197

-2-

Avenue in the south. Work will be primarily performed in the Great River Park adjacent to a section of levee embankment along the Connecticut River. The improvement work in Great River Park will include:

• Removing the existing waterfront fishing pier and observation platforms.

• Constructing a new pile supported fishing pier with greater riverward extension.

• Modifying the existing floating dock for ADA compliance.

• Improving lighting and signage adjacent to the levee toe and on the levee surface and making landscape, lighting, and hardscape improvements within the levee right of way.

• Making minor structural repairs to staircase over the levee and connecting ramps.

The USACE New England District, in accordance with guidance and Title 33 United States Code Section 408 (33 USC 408) requirements, reviewed the information supplied in the following documents:

• Submittal titled Great River Park Improvement Project, East Hartford, CT USACE Section 408 Permit Application prepared by the Town of East Hartford, dated 23 March 2023.

• Plan Set titled Great River Park Improvements, prepared by GEI Consultants, dated 13 September 2021, revised 5 August 2022.

• Report titled Hydraulic Analysis, Great River Park, Connecticut River, East Hartford, CT, prepared by GEI Consultants, dated 21 March 2023.

• Plan Set titled Right of Way Survey of the East Hartford Dike, prepared by BSC Group, dated 24 January 2014.

The permission for the above-referenced project is contingent upon adhering to the attached Standard Terms and Conditions and the following Special Conditions:

• At least 30 days prior to the start of construction, provide a copy of the contract plans and specifications issued for construction to USACE.

• At least 30 days prior to the start of construction, provide a copy of the construction schedule to USACE.

• At least 30 days prior to the start of construction, submit the Monitoring and Operations Plan to USACE for review and approval. The plan shall be prepared in

Vol. 3, Page 9 of 197

-3-accordance with the requirements outlined in the document Great River Park Improvement Project, East Hartford, CT USACE Section 408 Permit Application, dated 23 March 2023.

• Within 90 days of the completion of the project, the town of East Hartford shall provide USACE a Completion of Work Report. This report should be an electronic copy in "pdf' format containing a copy of "As-Built" drawings, the associated conformed technical specifications, material specifications/product data sheets for the materials used for final construction, results of any required materials testing, pre- and post-construction condition surveys, and photographs documenting the construction. The report should be signed and sealed by a professional engineer.

• Within 180 days of the completion of the project, the town of East Hartford must submit an update to the O&M Manual to USACE documenting the modifications to the levee system and addressing any required changes to the FRMS operations and maintenance associated with the proposed project for review and approval.

• All vertical data shall be in North American Vertical Datum of 1988 (NAVD88), which is the current orthometric vertical reference datum within the National Spatial Reference System. A datum conversion shall be provided to the National Geodetic Vertical Datum of 1929 (NGVD29) to establish the relationship with the original design reference datum.

• The proposed project components are not integral to the Town's flood control operations. As such, the proposed project elements are not eligible for repair in accordance with the Rehabilitation Program under Public Law 84-99. Only the existing portions of the FRMS will be eligible for repair under Public Law 84-99.

• Any changes or amendments to the above referenced documents or drawings shall be submitted to USACE for acceptance prior to implementation.

Be assured that USACE holds life and public safety paramount with regards to protecting the residents behind the Connecticut River Left Bank & Hockanum River Right Bank - East Hartford, CT FRMS. Should you have any further questions or concerns, please feel free to contact Alex Garneau, Project Manager, at (978) 318-8389 or Kevin DiRocco, at (978) 318-8396.

Sincerely, David I. Margolis, P.E., PMP Chief, Engineering Division Levee Safety Officer

Vol. 3, Page 10 of 197

STANDARD TERMS AND CONDITIONS

LIMITS OF THE AUTHORIZATION

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 work authorized ends on December 31, 2029. 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 USAGE 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.

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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 USAGE, 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.

17.Once permission is granted, you must notify the USACE District at least fourteen

(14) days before work/usage is started so that post-permission oversight can be performed by USACE.

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

CONDITIONS INDEX TO THE

DEPARTMENT OF THE ARMY

REGIONAL GENERAL PERMITS FOR THE

STATE OF CONNECTICUT

1. APPENDIX B GENERAL CONDITIONS…………………………………. pg. 2

Applicable to all activity categories pertinent to the project type

2. CT DEEP SECTION 401 WATER QUALITY CONDITIONS……………..pg. 14

Applicable only to GP Nos. 1 through 9 and GP Nos. 16 through 23

3. APPENDIX C STANDARD AQUACULTURE CONDITIONS……………pg. 22

Applicable only to GP No. 16

4. APPENDIX G STREAM CROSSING BMPs………………………………..pg. 25

Applicable to GP Nos. 2 and 19

5. APPENDIX H CONDITION AND RESTRICTIONS IN STREAMS………pg. 28

Applicable to work in coastal and inland streams with diadromous (migratory) fish

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APPENDIX B - GENERAL CONDITIONS

1. Other Permits. Authorizations provided by these GPs do not obviate the need for project proponents to obtain other Federal, State, or local permits, approvals, or authorizations required by law. Applicants are responsible for applying and obtaining all such permits, approvals or authorizations. Work that is not regulated by the State, but subject to USACE jurisdiction, may be still be eligible for these GPs.

2. Federal Jurisdiction

a. Applicability of these GPs shall be evaluated with reference to federal jurisdictional boundaries (e.g., mean high water mark (MWH), high tide line (HTL), ordinary high water mark (OHW), and wetland boundary).

Activities shall be evaluated with reference to “waters of the U.S.” under the Clean Water Act (33 CFR 328) and “navigable waters of the U.S.” under Section 10 of the Rivers and Harbors Act of 1899 (33 CFR 329).

Prospective permittees are responsible for ensuring that the boundaries satisfy the federal criteria defined at 33 CFR 328 – 329. These sections prescribe the policy, practice, and procedures to be used in determining the extent of USACE jurisdiction.

b. Permittees shall identify the following aquatic resources on project plans: wetlands and other special aquatic sites (SAS) including vegetated shallows (also known as submerged aquatic vegetation (SAV)), riffle and pool complexes, sanctuaries and refuges, coral reefs, and mudflats; and other waters such as lakes and ponds; and perennial and intermittent streams on the project site. Wetlands shall be delineated in accordance with the Corps of Engineers Wetlands Delineation Manual and its applicable regional supplement.

3. Mitigation (Avoidance, Minimization, and Compensatory Mitigation)

a. Activities shall be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the U.S. to the maximum extent practicable at the project site (i.e., on site).

Consideration of mitigation (avoiding, minimizing, rectifying, reducing, or compensating) is required to the extent necessary to ensure that the adverse effects to the aquatic environment are no more than minimal.

b. Applicants should consider riparian/forested buffers for stormwater management and low impact development (LID) best management practices (BMPs) to reduce impervious cover and manage stormwater to minimize impacts to the maximum extent practicable.

c. Compensatory mitigation1 for unavoidable impacts to waters of the U.S., including direct, secondary and temporal2, will generally be required for projects with permanent impacts that exceed the SV area limits, and may be required for temporary impacts that exceed the SV area limits, to offset unavoidable impacts which remain after all appropriate and practicable avoidance and minimization has been achieved and to ensure that the adverse effects to the aquatic environment are no more than minimal. Proactive restoration projects or temporary impact work with no secondary effects may generally be excluded from this requirement.

Note: The USACE Connecticut In-Lieu Fee Program allows USACE permittees, as compensation for their project impacts to aquatic resources of the U.S. in Connecticut to make monetary payment in-lieu of permittee-responsible mitigation. Information is provided at https://www.nae.usace.army.mil/Missions/Regulatory/ Mitigation/In-Lieu-Fee Programs/CT/. This only applies to USACE required mitigation and additional CT DEEP mitigation may be required.

4. Discretionary Authority. Notwithstanding compliance with the terms and conditions of this permit, USACE retains discretionary authority to require an Individual Permit review based on concerns for the aquatic environment or for any other factor of the public interest [33 CFR 320.4(a)]. This authority is invoked on a case-by-case basis whenever USACE determines that the potential consequences of the proposal warrant Individual Permit review based on the concerns stated above. This authority may be invoked for projects with cumulative adverse environmental effects that are more than minimal, or if there is a special resource or concern

1 Compensatory mitigation sites proposed to offset losses of aquatic resource function must comply with the applicable provisions of 33 CFR 332. See also the New England District Compensatory Mitigation Standard Operating Procedures at http://www.nae.usace.army.mil/Missions/Regulatory/Mitigation.aspx 2 Temporal loss: The time lag between the losses of aquatic resource functions caused by the permitted impacts and the replacement of aquatic resource functions at the compensatory mitigation site(s) (33 CFR 332.2).

Vol. 3, Page 14 of 197 Bid No. 26-05 Great River Park Improvements Project https://www.nae.usace.army.mil/Missions/Regulatory/Mitigation/In-Lieu-Fee%20Programs/CT/ https://www.nae.usace.army.mil/Missions/Regulatory/Mitigation/In-Lieu-Fee%20Programs/CT/ http://www.nae.usace.army.mil/Missions/Regulatory/Mitigation.aspx associated with a particular project. Whenever USACE notifies an applicant that an Individual Permit may be required, authorization under these GPs is voided and no work may be conducted in waters of the U.S. until a USACE Individual Permit is obtained or until USACE notifies the applicant that further review has demonstrated that the work may be reviewed under these GPs.

5. Fills Within 100-Year Floodplains. The activity shall comply with applicable Federal Emergency Management Agency (FEMA)-approved State of Connecticut or local floodplain management requirements.

Permittees should contact FEMA and/or the State of Connecticut regarding floodplain management requirements.

6. Single and Complete Projects. The term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. The GPs shall not be used for piecemeal work and shall be applied to single and complete projects.

a. For non-linear projects, a single and complete project must have independent utility. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed, even if the other phases were not built, can be considered as separate single and complete projects with independent utility.

b. Unless USACE determines the activity has independent utility, all components of a single project and/or all planned phases of a multi-phased project (e.g., subdivisions should include all work such as roads, utilities, and lot development) shall be treated together as constituting one single and complete project.

c. For linear projects such as power lines or pipelines with multiple crossings, a “single and complete project” is all crossings of a single water of the U.S. (i.e., single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. If any crossing requires a PCN review or an individual permit review, then the entire linear project shall be reviewed as one project under PCN or the individual permit procedures.

7. Use of Multiple General Permits. The use of more than one GP for a single and complete project is prohibited, except when the acreage loss of waters of the U.S. authorized by the GPs does not exceed the acreage limit of the GPs with the highest specified acreage limit. For example, if a road crossing over waters is constructed under GP 19, with an associated utility line crossing authorized by GP 6, if the maximum acreage loss of waters of the U.S. for the total project is ≥1 acre it shall be evaluated as an IP.

8. USACE Property and Federal Projects

a. USACE projects and property can be found at: www.nae.usace.army.mil/Missions/Civil-Works

b. In addition to any authorization under these GPs, proponents must contact the USACE Real Estate

Division at (978) 318-8585 for work occurring on or potentially affecting USACE properties and/or USACE-controlled easements to initiate reviews and determine what real estate instruments are necessary to perform work. Permittees may not commence work on USACE properties and/or USACE-controlled easements until they have received any required USACE real estate documents evidencing site-specific permission to work.

c. Any proposed temporary or permanent modification or use of a Federal project (including but not limited to a levee, dike, floodwall, channel, anchorage, seawall, bulkhead, jetty, wharf, pier or other work built but not necessarily owned by the United States), or any use which would obstruct or impair the usefulness of the Federal project in any manner, and/or would involve changes to the authorized Federal project’s scope, purpose, and/or functioning, is not eligible for SV and will also require review and approval by USACE pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) (Section 408)

d. A PCN is required for all work in, over, under, or within a distance of three times the authorized depth of a USACE Federal Navigation Project (FNP) and may also require permission under Section 408.

e. Any structure or work that extends closer than a distance of three times the project’s authorized depth to the horizontal limits of any FNP shall be subject to removal at the owner’s expense prior to any future USACE dredging or the performance of periodic hydrographic surveys.

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f. Where a Section 408 permission is required, written verification for the PCN will not be issued prior to the decision on the Section 408 permission request.

9. National Lands. Activities that impinge upon the value of any National Wildlife Refuge, National Forest, National Marine Sanctuary, or any area administered by the National Park Service, U.S. Fish and Wildlife Service (USFWS) or U.S. Forest Service are not eligible for SV and require either a PCN or Individual Permit.

10. Wild and Scenic Rivers

a. The following activities in designated rivers of the National Wild and Scenic River (WSR) System, or in a river designated by Congress as a “study river” for possible inclusion in the system, require a PCN or IP unless the National Park Service (NPS) has determined in writing to the proponent that the proposed work will not adversely affect the WSR designation or study status:

(1) Activities that occur in WSR segments, in and 0.25 mile up or downstream of WSR segments, or in tributaries within 0.25 miles of WSR segments;

(2) Activities that occur in wetlands within 0.25 mile of WSR segments; or

(3) Activities that have the potential to alter free-flowing characteristics in WSR segments. The

District Engineer will coordinate the application with the NPS or its designee with direct management responsibility for that river.

b. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).

c. As of 2021, designated rivers in Connecticut include: the West Branch of the Farmington River from Colebrook to Canton (designated river); the Eightmile River and tributaries in Salem, Lyme, and East Haddam (designated river); the Lower Farmington River from Canton to Windsor (study river – including its tributary Salmon Brook) and the Wood & Pawcatuck Rivers. Additional information can be found at:

http://www.rivers.gov/connecticut.php.

11. Historic Properties

a. No undertaking shall cause effects (defined at 33 CFR 325 Appendix C and 36 CFR 800) to properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places3, including previously unknown historic properties within the permit area, unless USACE or another Federal action agency has satisfied the consultation requirements of Section 106 of the National Historic Preservation Act (NHPA). The State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer (THPO) and the National Register of Historic Places can assist with locating information on:

(1) Previously identified historic properties; and

(2) Areas with potential for the presence of historic or cultural resources, which may require identification and evaluation by qualified historic preservation and/or archaeological consultants or tribal entities in consultation with USACE and the SHPO and/or THPO(s).

b. For activities eligible for SV, proponents must document that the activity will not cause effects as stated in 11(a). To comply with this condition, both SV and PCN prospective permittees shall notify the CT SHPO and THPOs for projects in close proximity to tribal lands or with potential impacts to tribal lands and request their identification of historic properties and cultural resources. The notification shall consist of the project location, plans, and brief narrative and state that a federal permit is required. Documentation of the notification to the SHPO/THPO shall be included with the SV or PCN submittal and dated. If no response is received within 30-days from the SHPO/THPO notification, the Corps may proceed to a permit decision on an SV or PCN. A PCN or IP is required if any activity may have an adverse effect on a historic property or cultural resource.

3 Many historic properties are not listed on the National Register of Historic Places and may require identification and evaluation by qualified historic preservation and/or archaeological consultants in consultation with USACE and the SHPO and/or THPO(s).

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c. Proponents must submit a PCN to USACE as soon as possible if the authorized activity may cause effects as stated in 11(a) to ensure that USACE is aware of any potential effects of the permitted activity on any historic property or cultural resource so that the consultation requirements of Section 106 of NHPA can be satisfied.

d. All PCN (inland projects) submittals shall:

1) show notification to the SHPO and applicable THPO(s) for their identification of historic properties or cultural resources (https://portal.ct.gov/-/media/DECD/Historic- Preservation/01_Programs_Services/Environmental-Review/ProjectNotificationForm_2021.pdf). If no response is received within 30-days from the SHPO/THPO notification, the Corps may proceed to a permit decision on an SV or PCN.

2) state which historic properties or cultural resources may be affected by the proposed work or include a vicinity map indicating the location of them, and

3) include any available documentation from the SHPO or THPO(s) indicating that there are, or are not, historic properties or cultural resources affected. Starting consultation early in project planning can save proponents time and money.

e. If you discover any previously unknown historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

f. Federal agencies should follow their own procedures for complying with the requirements of Section 106 of the NHPA. Along with the application, Federal permittees shall provide USACE with the appropriate documentation to demonstrate compliance with those requirements.

g. Federal and non-federal applicants should coordinate with USACE before conducting any onsite archeological work (reconnaissance, surveys, recovery, etc.) requested by the SHPO or the THPOs, as USACE will determine the permit area for the consideration of historic properties based on 33 CFR 325 Appendix C.

This is to ensure that work done is in accordance with USACE requirements.

12. Federal Threatened and Endangered Species

a. No activity is authorized by these GPs which:

(1) Is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat or proposed critical habitat of such species.

(2) “May affect” a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed.

(3) Is “likely to adversely affect” a listed species or critical habitat unless Section 7 consultation has been completed by USACE or another lead action agency in coordination with USACE.

(4) Violates the ESA.

b. All prospective permittees shall attach to their SVNF or PCN an Official Species List obtained from the U.S. Fish and Wildlife Service’s Information for Planning and Consultation (IPaC) found at:

https://ecos.fws.gov/ipac and provide the email address of the person who generated the list.

c. For proposed activities in waters with tidal influence, prospective permittees shall also refer to the National Oceanic and Atmospheric Administration (NOAA) Fisheries’ Section 7 Mapper for federally-listed species found at: https://noaa.maps.arcgis.com/apps/webappviewer/index.html.

Several tidal freshwater waterways in Connecticut have been identified as foraging and overwintering areas, or designated as critical habitat, for the endangered Atlantic sturgeon and shortnose sturgeon. The extent of these waterways is highlighted below. The list of waters below does not include higher salinity coastal tidal creeks and brackish waterways which also possess habitat for these species, so it is strongly recommended that applicants refer to the NOAA Section 7 mapper (link above) for all work in waterways that may have tidal influence:

Vol. 3, Page 17 of 197 https://portal.ct.gov/-/media/DECD/Historic-Preservation/01_Programs_Services/Environmental-Review/ProjectNotificationForm_2021.pdf https://portal.ct.gov/-/media/DECD/Historic-Preservation/01_Programs_Services/Environmental-Review/ProjectNotificationForm_2021.pdf https://ecos.fws.gov/ipac/ https://noaa.maps.arcgis.com/apps/webappviewer/index.html

• Mainstem Housatonic River from Long Island Sound (LIS) to the upstream limit of the Derby Dam in Shelton, CT (Atlantic sturgeon critical habitat; migrating and foraging habitat for Atlantic sturgeon and shortnose sturgeon).

o Naugatuck River confluence with the Housatonic River up to the Naugatuck River Reservoir dam in

Ansonia, CT.

• Quinnipiac River from LIS to the bridge/intersection of Quinnipiac Street and River Road, Wallingford, CT (migrating and foraging habitat for Atlantic sturgeon and shortnose sturgeon).

• Mainstem Connecticut River from LIS to the Massachusetts Border (Atlantic sturgeon critical habitat;

spawning, migrating, and foraging for Atlantic sturgeon; overwintering, migrating, and foraging for shortnose sturgeon).

o Salmon River confluence at Connecticut River to the dam at Powerhouse Road, Leesville, CT o Farmington River confluence with the Connecticut River to Tunxis Road, Tariffville, CT o Pattaconk Brook confluence with the Connecticut River to North Quarter Park, Chester, CT o Confluence of Hamburg Cove with the Connecticut River to Eightmile River at Joshuatown Road/Old

Hamburg Road, Hamburg, CT.

o Lord Creek confluence with the Connecticut River to Coults Hole and Mack Creek to Lord Hill Lane, Lyme, CT.

o North Cove confluence with Connecticut River and Falls River confluence in North Cove to River

Road, Essex, CT.

o Mattabassett River confluence at the Connecticut River to Rt. 3, northeast of Newfield Street in

Middletown, CT.

o Coginchaug River confluence with the Mattabassett River to Johnson Street north of the Providence

& Worcester Railroad.

o Selden Creek, Lyme, CT.

• Mainstem of the Thames River to Norwich, Connecticut (migrating and foraging habitat for Atlantic sturgeon and shortnose sturgeon).

o Shetucket River confluence with Thames River up to Greenville Dam, Greenville, CT o Yantic River confluence with the Thames River to Yantic Falls, Norwich, CT.

o Horton Cove confluence with the Thames River to Stony Brook and Mohegan Brook, Montville, CT.

o Poquetanuck Cove confluence with the Thames River to Poquetanuck Brook at Shingle Road, Poquetanuck, CT.

d. A PCN is required if a threatened or endangered species, a species proposed for listing as threatened or endangered, or designated or proposed critical habitat (all hereinafter referred to as “listed species or habitat”), as identified under the ESA, may be affected by the proposed work, unless consultation is completed by another lead Federal agency, in which case, an application can be SV. An activity may remain eligible for SV if the only listed species affected is the northern long-eared bat (Myotis septrionalis), and only after Section 7 consultation has been completed by USACE under the 4(d) Rule Streamlined Consultation.

e. Federal agencies shall follow their own procedures for complying with the requirements of the ESA while ensuring that USACE and any other federal action agencies are included in the consultation process.

f. Non-federal representatives designated by USACE to conduct informal consultation or prepare a biological assessment shall follow the requirements in the designation document(s) and the ESA. Non-federal representatives shall also provide USACE with the appropriate documentation to demonstrate compliance with those requirements. The USACE will review the documentation and determine whether it is sufficient to address ESA compliance for the GP activity, or whether additional ESA consultation is necessary.

g. The requirements to comply with Section 7 of the ESA may be satisfied by a programmatic agreement (PA) or programmatic consultation (PC) with USACE, the New England District, or another federal agency.

New England District PAs and PCs are found at: https://www.nae.usace.army. mil/Missions/Regulatory/State- General-Permits/Connecticut-General-Permit.

Vol. 3, Page 18 of 197 Bid No. 26-05 Great River Park Improvements Project https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Connecticut-General-Permit/ https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Connecticut-General-Permit/

13. Pile Installation and Removal and Related Time of Year Restrictions

a. Derelict, degraded, or abandoned piles and sheet piles in the project area shall be removed in their entirety as practicable and properly disposed of in an upland location and not in wetlands or other waters of the U.S. In areas of fine-grained substrates, piles/sheets shall be removed by direct, vibratory, or clamshell pull method to minimize potential turbidity and sedimentation impacts. If removal is not practicable, said piles/sheets shall be cut off or driven to a depth of, at least, one foot below substrate.

b. Work involving pile installation and/or removal should occur “In-the-dry” or adhere to the applicable waterbody’s time-of-year restrictions in Appendix H.

14. Navigation

a. No activity may cause more than a minimal adverse effect on navigation.

b. Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the U.S.

c. Any structure or work that extends closer to the horizontal limits of any USACE FNP than a distance of three times the project’s authorized depth shall be subject to removal at the owner’s expense prior to any future USACE dredging or the performance of periodic hydrographic surveys. This is applicable to SV and

PCN.

d. 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 at or adjacent to the activity authorized herein.

e. The permittee understands and agrees that if future U.S. operations require the removal, relocation, or other alteration of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from USACE, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the U.S. No claim shall be made against the U.S. on account of any such removal or alteration.

f. A PCN is required for all work in, over or under an FNP or its buffer zone unless otherwise indicated in Appendix A. as the work may also require a Section 408 permit.

15. Federal Liability. In issuing these permits, the Federal Government does not assume any liability for the following: (a) damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes; (b) damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S. in the public interest; (c) damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit; (d) design or construction deficiencies associated with the permitted work; and/or (e) damage claims associated with any future modification, suspension, or revocation of these permits.

16. Heavy Equipment in Wetlands. Operating heavy equipment other than fixed equipment (drill rigs, fixed cranes, etc.) within wetlands shall be minimized, and such equipment shall not be stored, maintained, or repaired in wetlands, to the maximum extent practicable. Where construction requires heavy equipment operation in wetlands, the equipment shall either have low ground pressure (typically <3 psi), or it shall be placed on swamp/construction/timber mats (herein referred to as “construction mats”) that are adequate to support the equipment in such a way as to minimize disturbance of wetland soil and vegetation. Construction mats are to be placed in the wetland from the upland or from equipment positioned on construction mats if working within a wetland. Dragging construction mats into position is prohibited. Other support structures that are capable of safely supporting equipment may be used with written USACE authorization. Similarly, the permittee may request written authorization from USACE to waive use of mats during frozen or dry conditions.

An adequate supply of spill containment equipment shall be maintained on site. Construction mats should be managed in accordance with the following construction mat BMPs:

• Mats should be in good condition to ensure proper installation, use and removal.

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• Where feasible, mats should be carried and not dragged unless they are being used as a grading implement.

• Where feasible, place mats in a location that would minimize the amount needed for the wetlands crossing.

• Minimize impacts to wetland areas during installation, use, and removal.

• Install adequate erosion & sediment controls at approaches to mats to promote a smooth transition to, and minimize sediment tracking onto, swamp mats.

• In most cases, construction mats should be placed along the travel area so that the individual boards are resting perpendicular to the direction of traffic. No gaps should exist between mats.

Place mats far enough on either side of the resource area to rest on firm ground.

• Provide standard construction mat BMP details to work crews.

• Construction mats shall be thoroughly cleaned before re-use to minimize spread of invasive species.

17. Temporary Fill

a. Temporary fill, including but not limited to construction mats and corduroy roads shall be entirely removed as soon as they are no longer needed to construct the authorized work. Temporary fill shall be placed in its original location or disposed of at an upland site and suitably contained to prevent its subsequent erosion into waters of the U.S.

b. All temporary fill and disturbed soils shall be stabilized to prevent its eroding into waters of the U.S.

where it is not authorized. Work shall include phased or staged development to ensure only areas under active development are exposed and to allow for stabilization practices as soon as practicable. Temporary fill must be placed in a manner that will prevent it from being eroded by expected flows.

c. Unconfined temporary fill authorized for discharge into waters of the U.S. shall consist of material that minimizes impacts to water quality (e.g., washed stone, stone, etc.).

d. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable when temporary structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites.

Materials shall be placed…