Connecticut Department of . ENERGY ENVIRONMENTAL 4? 79 Elm Street - Hartford, CT 06106-5127 Affirmative Action/Equai Opportunity Employer October 31, 2018 The Honorable Michael Passero Mayor, City of New London 181 State Street New London, CT 06320 RE: Preposed siting of a seasonal restaurant on city?owned piers in Downtown Water?'ont Park, New London Dear Mayor Passero: We understand that the City of New London is exploring the possibility of siting a seasonal restaurant within a redesigned shipping container along with picnic table seating on one of its city-owned piers in whatis known as the ?Downtown Waterfront Park? consisting of City Pier, Discovery Pier, Custom liiouse Pier and Coast Guard Pier. Please be advised that such a proposal would require authorization from this Department, and would also likely be inconsistent with applicable statutory standards. . The downtown piers and the esplanade connecting them create a tourist destination unparalleled in the region. The purpose of these over-water structures is to provide public access, berthing for visiting boats and Tall Ships, ?shing opportunities, viewing opportunities and other water-based recreation for residents and tourists alike. Siting private non-water dependent uses such as restaurants which can be located on land, on these over?water structures conflicts with Connecticut Coastal Management Act water-dependent use policies and the state?s obligation to manage its public trust resources for the bene?t of the public. For these reasons, the Department has discouraged previous proposals to locate ?oating or over-the-watcr restaurants in Connecticut waters. Permit number 199901124-PF, issued on August 31, 1999, authorized construction of components of Downtown Waterfront Park speci?cally for the purpose of ?public access and recreational boating,? both of which are water?dependent. Condition 12 of the General Conditions of the permit states that any proposed change in use or ownership ofthese piers must be referred in wri?ng to the Commissioner of the Department of Energy and Environmental Protection. The proposed restaurant would be a non-water-dependent change in use that would appear inconsistent with CGS Sections and which give highest priority and preference to water-dependent uses. Additionally, please note that use of a shipping container to house the proposed restaurant would not exempt the proposal from Federal Emergency Management Agency (F EMA) ?oodplain construction standards. A shipping container building at this site would constitute a new structure in the coastal ?oodplain (VE zone), subject to three foot waves and intense wave action. Threats ofhun?icanes, coastal storms and ?ooding make areas over the water poorly suited for permanent and seasonal structures. In conclusion, we wish to discourage any privatization of the Downtown Waterfront Park piers by any non-water dependent structures such as a restaurant. The waters and submerged tidelands of the state belong to the people of the state and New London is uniquely geographically situated with extensive water frontage. The encroachment of the piers into public trust waters is intended to expand public access to the waters of the state and allow for more water-based recreational opportunities. This water?dependent use was speci?cally approved in the permits authorizing the piers, and any proposed change is not allowed without permit modi?cation, and most likely inconsistent with the Carmecticut Coastal Management Act. If you have any questions concerning this matter, please contact Brian Golembiewski of my staff at or (860) 424?3867. Sincerely, ?x Brian Thompson, Director Land Water Resources Division Bureau of Water Protection and Land Reuse Enc: Water Dependent Use Fact Sheet cc: Kenneth Edwards, Chairman, New London Port Authority Barry Levine, Chairman, Planning and Zoning Commission Chairperson Sybil Tetteh, New London City Planner Kirk Kripas, City Building Official Diane Ray, Army Corps of Engineers Karl Anderson, FEMA