Connecticut Department of ENVIRONMENTAL 79 Elm Street - Hartford, CT 06106?5127 Affirmative Action/Equal Opportunity Employer NOTICE OF INSUFFICIENCY June 3, 2019 Evan Matthews, Executive Director Connecticut Port Authority 455 Boston Post Road, Suite 204 Old Saybrook, CT 06475 Re: Permit Application 200 State Pier Road, New London Dear Mr. Matthews: Your application for a permit to remove existing in?water structures, conduct dredging, install a bulkhead between two existing pier structures and place ?ll material landward of the bulkhead was received by the Department of Energy Environmental Protection (?Department?) on May 7, 2019. Your application has been preliminarily reviewed and has been deemed insuf?cient for processing. Your application is insuf?cient because it does not contain the information indicated on the attached addendum. The Department will not process your application until the requested information has been received and determined to be complete. The information requested above must be submitted to the Department within thirty (30) days of the date of this letter or the application will be rejected in accordance with 22a?3a?2(e) of the Regulations of Connecticut State Agencies. Please be aware if your application is rejected for insuf?ciency, and you wish to pursue authorization to conduct regulated work at this site, it will be necessary for you to submit a new application to the Department. Additionally, the permit application fee submitted with the above?referenced application cannot be applied to any subsequent application. If you satisfactorily complete the ?le, we will conduct a review of your application for consistency with applicable statutory standards and policies. If the proposal is determined to be consistent, we will publish a Notice of Tentative Determination to Approve in the newspaper. 1f the proposal is determined to be inconsistent, we will provide you with an opportunity to withdraw before we publish a Notice of Tentative Determination to Deny in the newspaper. Please be aware that there will be no opportunity to submit revisions to address the inconsistency of your proposal. If your application is determined to be inconsistent, you can withdraw the application to avoid the cost of publication of the Notice of Tentative Determination to Deny. If your application is not processed, whether due to withdrawal or denial, and you wish to pursue authorization to conduct regulated work, I strongly suggest that you contact me at 860-424?3674 or at to arrange a pre? application meeting. Pro?application coordination with the Land Water Resources Division is integral to your submission of a complete application that is consistent with all applicable standards and policies. Applications that are complete and consistent may be processed rapidly. Additionally, in accordance with Connecticut General Statutes section the Department is required to charge, in advance, an initial non-refundable permit application fee with the submission of an Connecticut Port Authority June 3, 2019 Re: Permit Application Page 2 of 2 application. The permit application fee is calculated by this Office based on the perimeter of the water surface area used or occupied by the project as depicted on the application plans. The initial $660.00 payment is then credited to the calculated fee and any balance is due and payable in accordance with the attached invoice. Please be aware that once the application fee is deposited, it cannot be refunded even in the event of modification or reduction of the scope of the project or Withdrawal of the application. Based on the plans provided, the balance of the fee is $23,614.24. Payments are preferred in the form of a ceitifled check, cashier?s check or money order, although personal checks are acceptable. All payments must be made payable to the ?Department of Energy and Environmental Protection,? should include your application identi?cation number on the check, and should be forwarded to the Department in accordance with the instructions on the attached invoice. In order to consider the application and maintain it as an active ?le, the application fee must. be received at the Department by the date identified on the invoice otherwise the file will be rejected for insufficiency. Please be advised that undertaking any work waterward of the coastal jurisdiction line or in tidal wetlands without the required state authorization is a violation of the law and is subject to enforcement proceedings, including penalties, outlined under Chapter 439 and sections 22a-36la, 22a?363 and 22a?35 of the CGS. Sincerely, n. I i, i . Micheal i, Senior Enviromnental Analyst Land ater Re Division Bureau 0 Wate (1 cc ion Land Reuse Enclosure Checklist, Fee invoice cc: Evan Matthews, Connecticut Port Authority, evan.matthews@ct. gov Michael Garbolski, AECOM, Joshua Singer, Moffatt Nichol, Inc., isinger@moffatnichol.com Richard Couch, Martinez Couch and Associates, LLC, couchrea'hmartinezcouch.com Diane Ray, US ACOE, Diane.M.Ray@usace.armvmil, NAE #2018?02161 Steve Gephard, DEEP Fisheries Division, stevegephard??ctgov File New London Notice of Insuf?ciency Checklist Application #20 905 85 9-SDF Notice of Insufficiency Checklist The items in this outline correspond to the numbering system of the permit application form (DEEP-OLIS-APP- 100). Please refer to the corresponding section of the application instructions for guidance regarding the required information. Please submit the following materials, on revised application pages, to this of?ce at the following address: Water Resources Division ATTN: Micheal 79 Elm Street Hartford, CT 06 06?5 127 Section Missing Incomplete Part 1: Permit Type and Fee Type of Permit Permit Fee Part II: Applicant Information 1. Applicant name a. Applicant Type b. Applicant?s interest in property Billing Contact information Primaly Contact information Site Owner aeility Owner Attorney information Engineer/Consultant information weaveww . LWRD staff pre?app rt 11!: Project info 1. Description of Proposed Work The areas of proposed dredging do not appear to be within areas of previously authorized dredging and therefore cannot be considered ?maintenance? dredging as identi?ed in the application materials. Please revise the application materials and plans accordingly. 2a. Construction Methodology/Sequencing 2.b. Erosion and sediment controls Please be aware that the ?nal authorization will include a condition requiring the development of a ?Turbidity Mitigation and Monitoring Plan.? The condition will require the plan to be submitted to the Commissioner for her review and written approval prior to the initiation of any work. Please be aware that the ?nal authorization will include a condition requiring the development of a ?Water Quality Monitoring Plan, including the locations of the proposed water quality monitoring buoys.? The condition will require the plan to be submitted to the Commissioner for her review and written approval prior to the initiation of any work. Furthermore, the application materials identify a water monitoring limit of 100 NTU threshold. Please explain how this value was determined and if conversations with CT DEEP staff aided in the use of this number. 2.6. Construction Time 3. Purpose/Use of Proposed Project Please explain how the proposed improvements at the State Pier facility for the long-term regional wind turbine generation for Page 1 of 6 Notice of Insuf?ciency Checklist Application assembling wind turbines will continue to support existing long? term breakbulk operations that presently occur at the facility. The application materials state that in 2011 the ?State Pier Needs and De?ciency Planning Study? found that ?State Pier ?s niche among East Coast ports was to remain primarily a break balk port capable of'liandling a variety of cargo lumber, paper, pulp, salt, steel, etc.) but i-vitlifuture Marine Higl?n-vay container potential. State Pier should be operated as e?iciently as possible and talre advantage if?icj its rail connections in order to expand its market reach. Thefacilify needs to efficiently accommodate cargo movements, storage and nmltimodal tl?iroaglipztt?'ic] to assure quick vessel turnaround times. lt/[aximizing tlieflaribility of the port facility is the key to enhanced utilization.? Please indicate if the current water?dependent users of the facility will be displaced during the proposed activities and if they will be allowed to remain at the site once the proposed work has been completed. 4. Coastal/Aquatic Resources on Site Please provide a copy of the existing shellfish lease bed map for the project area and include the lease holder?s name and mailing address. Connecticut General Statutes Section 2221-930 refers to ?degrading visual quality through signi?cant alteration oft/7e natural features and vista and view points.? Please provide a discussion of how the proposed redevelopment and use of State Pier complex as a long-term regional wind turbine generation assembly facility will not result in a signi?cant alteration or degradation of the views from both the New London and Groton sides of the Thames River. Below is a View of the State Pier complex from Fort Griswold, Groton 1 I $3.11 ?in . and from Fort Trumbull in New London: Page 2 of 6 Notice of Insuf?ciency Checklist Application #201905 859-SDF to this, an example of a wind turbine assembly yard located at the Port of Oostende, Belgium: 5. Potential Resource Impacts 6.21. Potential Bene?ts/Impacts to Navigation Please include a discussion regarding the impacts to navigational use and port operations resulting from the placement of the proposed ?ll material between State Pier and the CVVR pier. The application materials states ?Public access to the Thames River Boat Launch and/or parking areas may be temporarily adversely affected during the construction phase of the Project. As described in Attachment M8, the Project anticipates mitigating for this temporal loss of recreational access.? Please provide copies of correspondence with DEEP Boating Division staff regarding the proposed closure and/or restriction to the existing state boat launch ramp. Furthermore, Attachment M8, while ?conceptual in anticipated that the overall mitigation strategy will be finalized in consultation with the appropriate regulatory agencies through the permitting process? identi?es ?consideration of improvements and increased access to recreational opportunities for the general public. SPH understands that the potential boat ramp upgrades or installations would be in Groton or New London, CT. Such mitigation could contribute to the Public Trust Doctrine.? Please be aware that any proposed improvements to the existing launch ramp that are discussed with DEEP Boating Division and subsequently Page 3 of 6 Notice of Insuf?ciency Checklist Application. approved, will not be considered as a compensation or mitigation of the loss of public trust area associated with the proposed activity as the impacted site is already a publicly accessible site. 6.b. Potential Bene?ts/Impacts to Public Access Connecticut General Statutes Section states ?to disallow (my filling ofticlol trademark and nears/tore, offshore and intertidal waters/or the propose of creating new existing wetlands and coastal waters i-vhich would others-vise be undevelopnble, unless it isfoimd that the adverse impacts on coastal resources are minimal.? Attachment M9, page 17 of 23 states that the project is compliant with this section and references Attachments Ml, M7 and M8. However, it does not appear that Attachment M1~Natural Resources Evaluation, Attachment M7- Alternatives Analysis or Attachment M8-Conceptual Mitigation includes an explanation or discussion as to how or why the proposed activity is consistent with this statute. Please provide a thorough discussion of the project consistency with CGS Section 7. Water-dependent Use Narrative 8. Potential Impacts to Water?dependent Use Please include a discussion of the potential navigation impacts to the adjacent ferry service located on the western bank of Winthrop Cove. Please provide copies of any correspondence with the existing ferry service regarding the proposed activities. 9. Alternatives Discussion 10. Acceptability of Project Completed Work Il.b. Detail of completed work .c . Date of work 11.d. Property purchase date 1 Le. Ownership when work completed l.f. Awareness of work l. g. Pending Enforcement Action 12. Federal funding In previous meetings, DEEP LWRD staff were informed that the project would be ?mded with Connecticut Port Authority (CPA) monies and private funds. However, the application materials state that CT DECD is contributing monies in the amount of $10 million through the Manufacturing Assistance Act. Based on the use of state funds, a Flood Management Certi?cate will be required. Part IV: Site and Resource info . Facility Name/Location . Indian Lands . Coastal Area . Endangered Species Area . Aquifer Protection Area . Harbor Management Commission . Department of A griculture/Aq uacultnre Conservation/Preservation Restriction 2 3 4 5 6. Shell?sh Commission 7 8 9 0. Previous Authorizations Please revise to include Authorizations SD-M-87- 302 and Temporary Authorization 199800073-GW which allowed for previous dredging. 11. Changes in Conditions on Site 12a Municipal Zoning Classification 12.1). Existing Land Uses on Site Page 4 of 6 Notice of Insuf?ciency Checklist Application 13. Name of Waterbody 14. Tidal Elevation Limits 15. Regulatory Limit Determination l6. Elevations of Mean High/Low Water Part V: Supporting Documents Attachment AA Published Application Notice Attachment A Executive Summary Attachment Permission from Owner Attachment CT NDDB Form Attachment Shellfish Consultation Form Attachment Harbor Management Form Attachment Dept. of Ag/Aquaculture Form Attachment Cons/Pres. Information Attachment Compliance Information Attachment 1 Project Plans Please revise the plans to show the coastal jurisdiction line elevation. Please provide an individual plan view and cross?section of the proposed 30? wide by 200? long by 6? deep ?pockets? that will be used for the jack?up vessel. Please provide the volume of crushed stone to be placed within these pockets. Please revise the plans to show the location of the proposed upland stormwater system and location(s) of proposed outfall pipes through the bulkhead. In addition, please show any storm water pre?treatm ent measures oil/water separators, swirl chambers, etc.). Please provide a detail sheet or manufacturer speci?cation sheet for the double turbidity curtain system that will be deployed during dredging. Please revise the plans to show the locations where the ?oating turbidity curtains will be employed. Please provide an existing and proposed cross-section of the four (4) existing mooring dolphins and the piles that will be cut 2? below the mudline. Please revise the plans to identify the top and toe of slope associated with the proposed dredging. In addition, please revise the plans to show existing and proposed bathymetry in these locations. Please provide a detailed cross?section of the proposed ?heavy lift? bulkhead, including the locations of upland deadmen, walers and associated tie-back rods. Please provide plans speci?c to the proposed ?king pile? bulkhead that will be installed between State Pier and the CVRR Pier. Please make certain to show how the proposed bulkhead will be structurally connected to both of the existing piers. Please provide a plan that shows the location(s) of upland ?ltration area associated with the dewatering of the area located between the State Pier and the CVRR Pier and placement of material. Please provide a detail sheet and cross-section of the proposed energy absorbing fenders and bollards. Please revise the application materials and plans to identify the proposed debris containment/collection systems associated with the proposed demolition of the existing structures and existing pile-supported platform along the northeast bulkhead. Page 5 of6 Notice of Insuf?ciency Checklist Application - Please provide individual representative cross-sections of the existing and proposed conditions of the northeast and northwest bulkheads. Please make certain to Show the elevations of the coastal jurisdiction line, mean high water and mean low water and the volume and area of any clean ?ll material that may be placed landward of the proposed bulkhead. - Please provide a plan that shows how the proposed State Pier structure will. be used to berth jack-up vessel(s) and delivery vessels in relation to the federal navigation channel and existing in-water structures located within Winthrop Cove. 0 Please provide a plan view and cross-sections ofthe proposed stone riprap placement along the southern side of the CVRR pier and southwestern shoreline. - Please provide a plan that shows the various stages of work, including location(s) of work barges, material storage in relation to the Winthrop Cove and the current water dependent use. 0 Please provide a plan that shows where the construction barges will be moored when not in use. Please make certain to show the swing radius of the barges when at the moorings, the number of moorings, and all adjacent in?water structures. Please be aware that the placement of these moorings will require prior state approval and should be included in the pending permit application. Please revise the application materials and plans accordingly. Attachment Existing Conditions Photographs Attachment Adjacent Property Contacts Please provide the names and mailing addresses of the adjacent properties that are located immediately adjacent to the State Pier facility. Attachment Applicant Background Info Attachment Other Please provide a copy of the letter from the State Historic and Preservation Of?ce regarding the significance of the CVRR Pier and discuss the measures required by SHPO to preserve the historic component of the existing pier. Please be aware that the Department will not issue a Notice of Tentative Determination to Approve the proposed activity until a Fisheries Mitigation Plan has been developed and agreed upon by DEEP to mitigate the loss of benthic habitat associated with the proposed activities. To this end, I strongly encourage you to contact Steve Gephard, DEEP Fisheries Division (860?447-43 6 or stevegephardt?f?ctgov) to begin discussions. Attachment Corps Consultation Form Part VI: Applicant Certification Applicant Signatures/Date Preparer Signatures/Date Notice of Permit Application (see Application Instructions pages 3 and 4 of 29) Af?davit of Publication Certi?cation of Notice Form Notice of Application Page 6 of6