Saybrook Point Seawall Repair - Appendix B.pdf

DEPARTMENT OF THE ARMY

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

NEW ENGLAND DISTRICT OFFICE

696 VIRGINIA ROAD

CONCORD MASSACHUSETTS 01742-2718

June 13, 2025

Regulatory Division Connecticut & Rhode Island Section

Jennifer Donahue The Point, LLC & Town of Old Saybrook 302 Main Street Old Saybrook, CT 06475 Via Email: jennifer.donahue@oldsaybrookct.gov

Dear Ms. Donahue:

This letter is in response to the application you submitted to the U.S. Army Corps of Engineers (USACE), New England District for a Department of the Army general permit verification. We have assigned this project file number NAE-2025-01003, which you should reference in all correspondence with this office.

A review of the information provided indicates the proposed work includes the retention and repair/replacement of the existing structures and fill including the following regulated work:

1. Rebuild the 49’ x 49’ timber deck in-place and in-kind (approx. 13 SF bottom impacts to replace timber piles).

2. Repair the riprap as follows: Restack dislodged stones within the existing 4’ to 15’ x 210’ footprint (1,850 SF bottom impacts in-place and kind) and add approximately 10 cubic yards (10% of existing volume) of new stone.

3. Repair the bulkhead as follows: Rebuild the 3.5’ x 525’ stone bulkhead and 3.5’ x 12.5’ return in-place and in-kind, to a top elevation of 4.5’ NAVD 88. Place 2’ x 525’ (250

cy) of concrete fill landward of the bulkhead. Install a 5.5’ x 525’ x 1.5’ (160 cy) bed of crushed stone beneath the bulkhead and concrete fill. Install a 3’ x 525’ (365 cy) crushed stone drainage apron wrapped in heavy-duty filter fabric landward of the concrete fill.

4. Rebuild the 1’ x 350’ concrete wall in-place and in-kind, to a top elevation of 7.5’

NAVD 88.

5. Install a new pedestrian access walkway atop the bulkhead as follows: Install a 10’ x 510’ (130 cy) concrete walkway to a top elevation of 5.2’ NAVD 88 a 14.5’ x 14.5’ (6 cy) concrete pad to a top elevation of 5.2’ NAVD 88 on the northern end of the walkway a 14.5’ x 14.5’ gazebo atop the concrete pad.

The project is located in the Connecticut River; at 145 & Lot #42-2 College Street, at Latitude 41.285470º and Longitude -72.350460º; in Old Saybrook, Lower Connecticut River Valley Planning Region County, Connecticut. The work is shown on the enclosed plans titled “Bulkhead Repair & Walkway Project”, on 8 sheets, and dated 3/5/2025.

Based on the information you have provided, we verify that the activity is authorized under General Permit 2, Repair or maintenance of existing currently serviceable, authorized or grandfathered structures/fills, removal of structures 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. All temporary work barges and berthed vessels must maintain a distance greater than three times the authorized depth of the Connecticut River Saybrook to Haddam Navigation Channel.

4. The work authorized herein shall not be conducted during the time of year (TOY) restriction of November 1 to March 15 in order to minimize adverse impacts to overwintering shortnose sturgeon. If in water work is necessary during the TOY, a soft start and/or turbidity curtains must be incorporated/installed during the overwintering period.

5. All pile driving below mean low water should be prohibited during the period from April 1 to June 30, inclusive.

6. Work capable of producing turbidity or sedimentation should be done during periods of low-flow or no-flow, when the tide is waterward of the work, or when controls are used to obtain dry work conditions. If greater than minimal turbidity should occur during construction, turbidity curtains must be installed to minimize sedimentation impacts.

7. 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.

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 Andrea Williams, Project Manager, CT/RI Section at (978)318-8494, or by email at andrea.n.williams@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, Kevin Kotelly, P.E.

Chief, CT/RI Section Regulatory Division

Enclosures

Cc (w/enclosures):

Christina Fluckiger, Coastline Consulting & Development, LLC (via christina@coastlineconsulting-ct.com) Sabrina Pereira, NOAA; (via Sabrina.perira@noaa.gov) Darcy Winther, CT DEEP Land and Water Resources Division; (via darcy.winther@ct.gov)

Work-Start Notification Form

File Number: NAE-2025-01003 State: Connecticut County: Lower Connecticut River Valley Planning Region

Permittee: The Point, LLC & Town of Old Saybrook, Jennifer Donahue Date Verification Issued: 6/13/2025 Project Manager: Andrea Williams

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: Andrea Williams

696 Virginia Road Concord, Massachusetts 01742-02751 or andrea.n.williams@usace.army.mil

(978)318-8494

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: MA Zip Code: 01742

COMPLETED BY THE CORPS

Corps Action Number: NAE-2025-01003

Permit Type: General Permit

General Permit Number and Name (if applicable): 2, Repair or maintenance of existing currently serviceable, authorized or grandfathered structures/fills, removal of structures

Name of Permittee: Jennifer Donahue

Project Name: BULKHEAD REPAIR & WALKWAY PROJECT

Project Location (physical address): 145 & Lot #42-2 College Street Old Saybrook, Connecticut

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

BULKHEAD REPAIR & PEDESTRIAN WALKWAY PROJECT

THE POINT, LLC & TOWN OF OLD SAYBROOK

145 & LOT #42-2 COLLEGE STREET, OLD SAYBROOK, CONNECTICUT

PROJECT NOTES

1. REFERENCE IS MADE TO THE FOLLOWING:

A. "TOPOGRAPHIC SURVEY & HYDROGRAPHIC SURVEY, THE POINT, LLC & TOWN OF

OLD SAYBROOK PROPERTY, 145 & LOT 42-2 COLLEGE STREET, OLD SAYBROOK,

CONNECTICUT", DATED MAY 20, 2024, SCALE 1" = 30' AND PREPARED BY

COASTLINE CONSULTING & DEVELOPMENT, LLC (TIMOTHY MCCARTHY CERTIFIED

HYDROGRAPHER, Cert No. 296) AND CERTIFIED TO CLASS T-2 STANDARDS OF

ACCURACY BY JAMES NAGLE, L.S., LIC. NO. 15195 (EXCLUSIVE OF SOUNDINGS).

2. BENCHMARK, TIDE LINES, UPLAND ELEVATIONS ARE REFERENCED TO THE NORTH

AMERICAN VERTICAL DATUM OF 1988 (NAVD88). THE CJL (COASTAL JURISDICTION

LINE) ELEVATION OF 2.9' NAVD88 IS THE VALUE FOR OLD SAYBROOK, CT AS

ESTABLISHED BY THE CONNECTICUT DEPARTMENT OF ENERGY & ENVIRONMENTAL

PROTECTION.

GENERAL NOTES

1. THESE DRAWINGS WERE PREPARED FROM RECORDED RESEARCH, FIELD

OBSERVATIONS, DRAWINGS NOTED HEREON, AND OTHER SOURCES.

2. THESE DRAWINGS ARE FOR PLANNING AND PERMITTING PURPOSES ONLY AND NOT

INTENDED FOR STRUCTURAL DESIGN, BID DOCUMENTS, OR CONSTRUCTION.

3. THE FEMA FLOOD LINES ARE DIGITIZED FROM A REFERENCE MAP NOTED HEREON,

SHOWN TO SATISFY PERMIT REQUIREMENTS, AND NOT INTENDED FOR INSURANCE

OR ELEVATION CERTIFICATE PURPOSES. BASE FLOOD ELEVATIONS ARE IN NAVD88.

4. SITE MAY BE SUBJECT TO AND/OR TOGETHER WITH CERTAIN LITTORAL, RIPARIAN,

OR OTHER RIGHTS AS PER THE RECORD MAY APPEAR. ANY UNDERGROUND AND/OR

UNDERWATER UTILITY, STRUCTURE, AND FACILITY LOCATIONS DEPICTED AND/OR

NOTED HEREON MAY HAVE BEEN COMPILED, IN PART, FROM RECORD MAPPING

SUPPLIED BY THE RESPECTIVE UTILITY COMPANIES OR GOVERNMENTAL AGENCIES,

FROM PAROLE TESTIMONY AND FROM OTHER SOURCES. THESE LOCATIONS MUST

BE CONSIDERED AS APPROXIMATE IN NATURE. ADDITIONALLY, OTHER SUCH

FEATURES MAY EXIST ON THE SITE, THE LOCATIONS OF WHICH ARE UNKNOWN TO

COASTLINE CONSULTING & DEVELOPMENT, LLC. THE SIZE, LOCATION AND

EXISTENCE OF ALL SUCH FEATURES MUST BE FIELD DETERMINED AND VERIFIED BY

THE APPROPRIATE AUTHORITIES PRIOR TO ANY CONSTRUCTION. CALL BEFORE YOU

DIG: 1-800-922-4455. Coastline Consulting & Development

57-B East Industrial Road, Branford, CT 06405

(203) 433-4486

JOB NO. 24-034 SHEET 1 OF 83-5-2025

GEOGRAPHIC INFORMATION SYSTEM MAP

USGS TOPOGRAPHIC QUADRANGLE MAP

TITLE SHEET

EXISTING CONDITIONS PLAN

SHEET NO� SHEET TITLE ORIGINAL DATE REVISION DATE

DRA:ING LIST

NOTES

3-5-2025

PROPOSED CONDITIONS PLAN5 OF 8

6 OF 8 ELEVATION A

TITLE SHEET

BULKHEAD REPAIR & WALKWAY PROJECT

THE POINT, LLC & TOWN OF OLD SAYBROOK

145 & LOT #42-2 COLLEGE STREET

OLD SAYBROOK, CONNECTICUT

COASTAL JURISDICTION LINE (CJL) = EL +2.9'

MEAN HIGH WATER (MHW) = EL +1.3'

NAVD88 - PROJECT DATUM

MEAN LOW WATER (MLW) = EL -1.9'

2.

9'

1.

3'

-1 .9

TIDAL DATUM PLANE

ELEVATION B

ELEVATION C

3-5-2025

3-5-2025

3-5-2025

3-5-2025

3-5-2025

3-5-2025

3-5-2025

SITE

NOTE: MAP TAKEN FROM TOPO, INC., 7.5 MINUTE USGS

TOPOGRAPHIC MAPS OF THE OLD SAYBROOK, CONNECTICUT,

QUADRANGLE, 1960 (PHOTO INSPECTED 1976, PHOTO REVISED 1984).

Coastline Consulting & Development 57-B East Industrial Road, Branford, CT 06405

(203) 433-4486

SHEET 2 OF 83-5-2025

USGS TOPOGRAPHIC QUADRANGLE MAP

BULKHEAD REPAIR & WALKWAY PROJECT

THE POINT, LLC & TOWN OF OLD SAYBROOK

145 & LOT #42-2 COLLEGE STREET

OLD SAYBROOK, CONNECTICUT

SCALE: 1 = 24,000

SITE

MAP TAKEN FROM OLD SAYBROOK, CT GIS MAPPING SCALE: 1" = 200'

00 200' 400'

PROPERTY OWNER

ADJACENT WATERSIDE PROPERTY OWNERS

PROPERTY ADDRESS MAILING ADDRESSLOT#

OLD SAYBROOK

TOWN OF

115 COLLEGE ST

OLD SAYBROOK, CT 06475

MAP#

Coastline Consulting & Development 57-B East Industrial Road, Branford, CT 06405

(203) 433-4486

SHEET 3 OF 83-5-2025

GEOGRAPHIC INFORMATION SYSTEM MAP

BULKHEAD REPAIR & WALKWAY PROJECT

THE POINT, LLC & TOWN OF OLD SAYBROOK

145 & LOT #42-2 COLLEGE STREET

OLD SAYBROOK, CONNECTICUT

MAP #32

LOT 42-2

302 MAIN ST

OLD SAYBROOK, CT 06475

OLD SAYBROOK

TOWN OF

155 COLLEGE ST

OLD SAYBROOK, CT 06475

302 MAIN ST

OLD SAYBROOK, CT 06475

MAP #24

LOT #41

MAP #24

LOT #42

CONNECTICUT

RIVER

MAP #24

LOT 42-1

4 4

4 9

7 7

-0 2 0 9

3 7 4 1

0 3

-0 2

-1 5

1 2

1 1

1 1

4 4

3 5 -1 1

-1 7

-2 5

-3 4

-3 6

-4 0 4 7

4 7

2 7 3 9

3 6

4 8

5 0

5 1

5 6

6 9

5 0

5 0

4 7

-2 7

-3 7

-2 8

-2 9

-3 7

4 9

4 8

4 8

4 6

4 2 4 9 4 8

3 5

-11 1 -17 0 -17 8

-14 7

-7 1 -5 1

-13 1

-17 0

-17 3 -16 1

-10 4 -5 5

-12 4 -15 9 -16 1

-17 4 -6 9

-14 3 -16 9

-17 7-16 0-10 9 -4 7

-15 3 -17 9 -19 8

-21 6 -20 1-18 7

-9 8 -16 0 -17 8 -19 6

-21 5

-23 0-22 0 -20 0

-10 8

-22 7 -23 6

-23 8

-24 3

-22 8 -14 4

-13 9 -21 9

-24 4 -24 3

-24 3

-24 9

-7 0

-4 3

-3 5 -5 3

-19 5

-24 7

-24 7 -24 2

-25 0

-22 0

-11 9

-3 9

-6 5

-17 2 -24 3

-24 3

-24 0

-24 3 -24 0

-24 3

-20 0

-9 0

-0 6

-2 9

-4 1

-6 7

-19 7

-24 2

-24 1

-24 2

-23 7 -23 1

-23 2

-24 1

-24 6

-19 3

-6 9

-4 7

-1 6

-3 2

-3 4

-4 9

-8 3

-19 2

-24 6

-24 1

-23 6

-22 9

-21 6

-23 7 -24 3

-22 4

-8 2

-5 9

-4 3

-3 5

-3 5

-4 6

-5 0

-4 8

-7 8

-9 9

-20 4

-24 2

-23 5

-22 7

-19 4

-23 1

-23 7

-14 7

-8 2

-6 4

-5 8

-4 8

-4 1

-4 3

-5 7

-7 7

-7 8

-11 6

-20 4-9 0

-8 4

-6 5

-4 4

-5 6

-7 9

-8 9

-5 9

-4 1

-1 2

-4 3

-17 8-16 5 -12 0

-7 3 -5 2

SCALE: 1" = 80'

Coastline Consulting & Development 57-B East Industrial Road, Branford, CT 06405

(203) 433-4486

SHEET 4 OF 83-5-2025

EXISTING CONDITIONS PLAN

BULKHEAD REPAIR & WALKWAY PROJECT

THE POINT, LLC & TOWN OF OLD SAYBROOK

145 & LOT #42-2 COLLEGE STREET

OLD SAYBROOK, CONNECTICUT

00 80' 160'

LEGEND

MLW = MEAN LOW WATER

MHW = MEAN HIGH WATER

CJL = COASTAL JURISDICTION LINE

HTL = HIGH TIDE LINE

-4.2 = SOUNDING

8.9 = SPOT ELEVATION

N/F = NOW/FORMERLY

TYP = TYPICAL

IP = IRON PIPE

C T

ST

AT

E

PL

AN

E

C O

O R

D

IN

AT

E

SY

ST

EM

(N

AD

3)

PROPERTY OF

THE POINT, LLC

145 COLLEGE STREET

C O

N N

EC

TIC

U T

R

IVER

EBB

FLO

O D

N/F

TOWN OF OLD SAYBROOK

115 COLLEGE STREET

M

HW

= 1.3

MLW

= -1.9

CJL/HTL = 2.9

APPROXIMATE

PROPERTY LINE

DH

FND

PROPERTY LINE

APPR

O

XIM

ATE

PR

O

PER

TY LIN

E

FIXED

PIER

CJL/HTL (2.9) &

MHW (1.3) ALONG

FACE OF

BULKHEAD

RETAIN RIPRAP

(TYP)

RETAIN PRE-1995 STONE BULKHEAD

RETAIN PRE-1995

STONE BULKHEAD W/

CONCRETE WALL

ATOP

CONCRETE WALK

(TYP)

DETERIORATED

FIXED

PIER

Spartina patens

(TYP)

EDGE OF PAVEMENT

(TYP)

TIMBER

PILE (TYP)

RETAIN BREAKWATER

ALONG PERIMETER OF

DECK

BITUMINOUS

PARKING

APPR

O

XIM

ATE

PR

O

PER

TY LIN

E

PROPERTY OF

TOWN OF OLD SAYBROOK

COLLEGE STREET LOT #42-2

N/F

TOWN OF OLD SAYBROOK

155 COLLEGE STREET

MLW

= -1.9

CJL/HTL (2.9), MHW (1.3) & MLW (-1.9) ALONG

FACE OF BULKHEAD

8" Ø PVC PIPE

INVERT = 2.7

FEMA ZONE VE

EL. 15

FULL EXTENT

OF MAP

APPR

O

XIM

ATE

EASEM

EN

T LIN

E

WASHOUT BEHIND

BULKHEAD

WASHOUT BEHIND

BULKHEAD

POLE

POLE

TOP 4.4

TOP

7.5

TOP

7.5

TOP

3.6

TOP

4.6

APPROXIMATE

GREEN

SPACE

GREEN

SPACE

RETAIN PRE-1995 TIMBER

DECK

TOP EL. 4.9

TOP

5.3

RETAIN PRE-

1995 RIPRAP

(TYP)

SH_7

B

A

SH_6

C

SH_8

FIXED PIER

PERMIT #2938

-11 1 -17 0

-14 7

-7 1 -5 1

-13 1

-17 0 -17 8

-17 3 -16 1

-10 4 -5 5

-12 4 -15 9 -16 1

-17 8

-17 4 -6 9

-14 3 -16 9 -19 5

-17 7-16 0-10 9 -4 7

-19 8

-21 6-20 1-18 7

-9 8 -17 8

-19 6 -21 5

-23 0-22 0 -20 0

-17 4 -10 8

-24 3 -13 9

-21 9 -24 4

-24 3 -24 0

-24 1 -24 3

-24 9

-4 3

-5 3

-9 2

-19 5

-24 7

-24 7 -24 2

-23 8

-25 0

-22 0

-11 9

-3 9 -3 6

-17 2 -24 3

-24 3

-24 0

-23 6 -24 3

-24 0

-24 3

-20 0

-9 0

-3 5

-0 6

-2 9

-4 1

-6 7

-19 7

-24 2

-24 1

-24 2

-23 2 -23 9

-24 1

-24 6

-19 3

-6 9

-3 7

-1 6

-3 2

-8 3

-19 2

-24 6

-24 1

-23 6

-21 6

-21 6 -22 6

-23 7 -24 3

-22 4

-8 2

-3 5

-3 5

-7 8

-9 9

-20 4

-24 2

-23 5

-22 7

-21 6

-21 1

-22 3

-23 1

-23 7

-14 7

-8 2

-6 4

-4 3

-5 7

-7 7

-7 8

-11 6

-23 4-13 0

-8 4

-6 5

-4 4

-1 6

-5 6

-7 9

-8 9

-9 8

-7 3

-4 1

-1 2

-4 3

-6 1

-18 1 -17 8-16 5 -12 0

-7 3 -5 2

SCALE: 1" = 80'

Coastline Consulting & Development 57-B East Industrial Road, Branford, CT 06405

(203) 433-4486

SHEET 5 OF 83-5-2025

PROPOSED CONDITIONS PLAN

BULKHEAD REPAIR & WALKWAY PROJECT

THE POINT, LLC & TOWN OF OLD SAYBROOK

145 & LOT #42-2 COLLEGE STREET

OLD SAYBROOK, CONNECTICUT

00 80' 160'

LEGEND

MLW = MEAN LOW WATER

MHW = MEAN HIGH WATER

CJL = COASTAL JURISDICTION LINE

HTL = HIGH TIDE LINE

-4.2 = SOUNDING

8.9 = SPOT ELEVATION

N/F = NOW/FORMERLY

TYP = TYPICAL

IP = IRON PIPE

RECONSTRUCT STONE

BULKHEAD

TOP

EL. 4.5

RECONSTRUCT STONE BULKHEAD

REPLACE CONCRETE WALL IN KIND

TOP

EL. 4.5

TOP

EL. 4.5

10' WIDE

PEDESTRIAN ACCESS

CONCRETE WALKWAY

TOP EL. 5.3

10' WIDE PEDESTRIAN ACCESS

CONCRETE WALKWAY

TOP EL. 5.3

BULKHEAD RETURN

12.5 LINEAR FEET

PROPOSE REBUILD

PRE-1995 TIMBER DECK

IN KIND

FIXED

PIER

CJL/HTL (2.9) & MHW (1.3)

ALONG FACE OF BULKHEAD

CJL/HTL (2.9), MHW (1.3) & MLW (-1.9)

ALONG FACE OF BULKHEAD

W

AL

KW

AY

TOP

4.6

TOP

5.3

PROPOSED OVERLOOK

CONCRETE PAD EL. 5.3

WITH GAZEBO

C T

ST

AT

E

PL

AN

E

C O

O R

D

IN

AT

E

SY

ST

EM

(N

AD

3)

M

HW

= 1.3

MLW

= -1.9

CJL/HTL = 2.9

MLW

= -1.9

8" Ø PVC PIPE

INVERT = 2.7

PROPERTY OF

THE POINT, LLC

145 COLLEGE STREET

N/F

TOWN OF OLD

SAYBROOK

115 COLLEGE STREET

PROPERTY LINE

APPR

O

XIM

ATE

PR

O

PER

TY LIN

E

EDGE OF PAVEMENT

(TYP)

BITUMINOUS

PARKING

APPR

O

XIM

ATE

PR

O

PER

TY LIN

E

PROPERTY OF

TOWN OF OLD

SAYBROOK

COLLEGE STREET

LOT #42-2

N/F

TOWN OF OLD

SAYBROOK

155 COLLEGE STREET

FEMA ZONE VE

EL. 15

FULL EXTENT

OF MAP

APPR

O

XIM

ATE

EASEM

EN

T LIN

E

APPROXIMATE

GREEN

SPACE

BULKHEAD REPAIR

SECTION C

165 LINEAR FEET

BULKHEAD REPAIR

SECTION A

369 LINEAR FEET

PROPOSE RESTACKING

OF STONES

SECTION B

ADD 10% NEW STONE

51 LINEAR FEET

SH_6

A

B

SH_7

SH_8

C

PROPOSE RESTACKING

OF ALL RIPRAP WITH UP

TO 10% NEW ADDED

SCALE: 1" = 6'

Coastline Consulting & Development 57-B East Industrial Road, Branford, CT 06405

(203) 433-4486

SHEET 6 OF 83-5-2025

ELEVATION A

BULKHEAD REPAIR & WALKWAY PROJECT

THE POINT, LLC & TOWN OF OLD SAYBROOK

145 & LOT #42-2 COLLEGE STREET

OLD SAYBROOK, CONNECTICUT

00 6' 12'

MLW = -1.9

MHW = 1.3

CJL/HTL = 2.9

PRE-1995 STONE BULKHEAD

CONCRETE

WALKWAY TOP EL. 4.2'±

TOP EL. 7.5'±

MUD/SAND

UPLAND

SOILS

PRE-1995 CONCRETE

WALL

MLW = -1.9

MHW = 1.3

CJL/HTL = 2.9

TEMPORARY SILT FENCE

MUD/SAND

10'

PEDESTRIAN

ACCESS

CONCRETE

WALKWAY

TOP EL. 5.3'

RECONSTRUCT PRE-1995

STONE BULKHEAD

TOP EL. 4.5'

CRUSHED BEDDING STONE

HEAVY DUTY FILTER FABRIC

(GEOTEXTLIE)

3' WIDE CRUSHED

STONE DRAINAGE

APRON

APPROXIMATE LIMIT

OF TEMPORARY

EXCAVATION (TYP)

REPLACE PRE-1995

CONCRETE WALL IN-KIND

GRADE AS NECESSARY

CONCRETE BACKFILL BEHIND BULKHEAD

Scale: 1" = 6'

EXISITING ELEVATIONA

Scale: 1" = 6'

PROPOSED ELEVATIONA

UPLAND

SOILS

SCALE: 1" = 10'

57-B East Industrial Road, Branford, CT 06405

(203) 433-4486

SHEET 7 OF 83-5-2025

ELEVATION B

BULKHEAD REPAIR & WALKWAY PROJECT

THE POINT, LLC & TOWN OF OLD SAYBROOK

145 & LOT #42-2 COLLEGE STREET

OLD SAYBROOK, CONNECTICUT

00 10' 20'

MLW = -1.9

MHW = 1.3

CJL/HTL = 2.9

CONCRETE FOOTING

TOP EL. 4.4+/-

MUD/SAND

UPLAND

SOILS

PRE-1995 STONES (TYP)

PRE-1995 TIMBER

DECK TOP EL. 4.9'

TIMBER

PILE (TYP)

MLW = -1.9

MHW = 1.3

CJL/HTL = 2.9

MUD/SAND

PROPOSED REBUILD PRE-1995

TIMBER DECK IN KIND

TOP EL. 5.3'

GRADE AS NECESSARY

Scale: 1" = 10'

EXISITING ELEVATIONB

Scale: 1" = 10'

PROPOSED ELEVATIONB

PROPOSED RESTACK

PRE-1995 STONES

-ADD 10% NEW STONE

UPLAND

SOILS

TIMBER

PILE (TYP)

SCALE: 1" = 6'

57-B East Industrial Road, Branford, CT 06405

(203) 433-4486

SHEET 8 OF 83-5-2025

ELEVATION C

BULKHEAD REPAIR & WALKWAY PROJECT

THE POINT, LLC & TOWN OF OLD SAYBROOK

145 & LOT #42-2 COLLEGE STREET

OLD SAYBROOK, CONNECTICUT

00 6' 12'

MLW = -1.9

MHW = 1.3

CJL/HTL = 2.9

PRE-1995 STONE BULKHEAD

CONCRETE

WALKWAY TOP EL. 4.4'±

WASHOUT BEHIND BULKHEAD

HISTORIC GRADE LINE

TOP EL. 5.1'±

MUD/SAND

UPLAND

SOILS

MLW = -1.9

MHW = 1.3

CJL/HTL = 2.9

TEMPORARY SILT FENCE

MUD/SAND

10'

PEDESTRIAN

CONCRETE

ACCESS WALKWAY

TOP EL. 5.3'

RECONSTRUCT

PRE- 1995 STONE BULKHEAD

TOP EL. 4.5'

CRUSHED BEDDING STONE

HEAVY DUTY FILTER FABRIC

(GEOTEXTLIE)

3' WIDE CRUSHED STONE

DRAINAGE APRON

APPROXIMATE LIMIT

OF TEMPORARY

EXCAVATION (TYP)

RAILING

GRADE & PAVE AS

NECESSARY

CONCRETE BACKFILL

BEHIND BULKHEAD

Scale: 1" = 6'

EXISITING ELEVATIONC

Scale: 1" = 6'

PROPOSED ELEVATIONC

UPLAND

SOILS

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).

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.

http://www.nae.usace.army.mil/Missions/Civil-Works

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).

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

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:

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.

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.