Planning & Zoning Commission (linked)

Connecticut Department of
Energy & Environmental Protection
Bureau of Water Protection & Land Reuse
Land & Water Resources Division
LWRD License Application Form C
Check Application Type:
Structures, Dredging & Fill (SDF)
Structures, Dredging & Fill & Tidal Wetlands (TW)
Structures, Dredging & Fill & Section 401 Water Quality Certificate (WQC)
Structures, Dredging & Fill; TW; Section 401 WQC
Section 401 Water Quality Certificate (Tidal Waters, Federal Agency Activity only)
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All sections of the LWRD application, when applicable, must be posted to the DEEP LWRD FTP site as instructed on
Part VII of the LWRD Transmittal Form. See LWRD Application Instructions for general guidance.
Application Number (as assigned in CPPU e-mail):
Applicant Name (same name used on Part Ill of the LWRD Transmittal Form): Mark Spery
Partl: Pre-Submission Consultations
The application process requires preliminary coordination and input from other agencies/groups depending on the
activity and the location. Consultations with other agencies must occur prior to application submission. Please
allow 6-8 weeks for the necessary coordination. For this application, the applicant should start with these
consultations, as applicable (See Part VI for further guidance).
Attachments: .
20 NDDB 24 Bureau of Aquaculture
21 Wildlife- osprey 25 Harbor Management Commission
22 Dredging Projects 26 = Shellfish Commission
23 Fisheries 27 USACE
Part Il: Notifications
1. PUBLIC NOTICE OF APPLICATION — Attachment 1
One notice for any combination of these programs is acceptable. Please refer to the Public Notice Requirements for Permit
Applications (DEEP-INST-005A). The public notice of application must be published prior to submitting an application, as
required in CGS section 22a-6g. Refer to the LWRD Application instructions for public notice language. A copy of the
published notice of application and the completed Certification of Notice Form (DEEP-APP-005A) must be included as
Attachment 1 to this application. Your application will not be processed if Attachment 1 is not included.
2. ADJACENT PARCEL OWNER NOTIFICATION — Attachment 3
(REQUIRED for Structures, Dredging and Fill & Tidal Wetland applications only)
The “Certification of Notice Form - Notice of Application” (Attachment 3) has to be mailed to any land owner of record for
any property that is located five hundred (500) feet or less from the property line where the activity is proposed. See Part Vi
for further guidance.
3. MUNICIPAL NOTIFICATION OF TIDAL WETLAND APPLICATION — Attachment 4
(REQUIRED for Tidal Wetland applications only)
The applicant shall mail or e-mail a copy of the application to the chief administrative officer and the chairmen of the
conservation and shellfish commissions. See Part VI for further guidance.
DEEP-LWRD-APP-001C Page 1 of 9 Rev. 09/02/20

Part ll: Site and Resource Information
1.
SITE ADDRESS
Street: 21 Oswegatchie Rd. City/Town: Waterford State: CT Zip Code: 06385
MUNICIPAL ZONING
Is the proposed work consistent with municipal zoning requirements?
Xl Yes [No — Ifno, explain:
WATERBODY/WATERCOURSES/WETLANDS
List names of all waters impacted by the proposed activity: Niantic River
INDIAN LANDS
is the activity that is the subject of this application located on federally recognized Indian lands? [_] Yes
No
AQUIFER PROTECTION AREAS
fs the site located within a mapped Level A or Level B Aquifer Protection Area, as defined in CGS section
22a-354a through 22a-354bb?
OO Yes No Ifyes, check one: [] LevelA or [] LevelB
If Level A, are any of the regulated activities, as defined in RCSA section 22a-354i-1(34), conducted on this
site? [Yes [No
if yes, and your business is not already registered with the Aquifer Protection Program, contact the aquifer
protection agent or DEEP to take appropriate action. For more information on the Aquifer Protection Area
Program, contact the program at 860-424-3019 or visit the website at www.ct.gov/deep/aquiferpratection.
See LWRD Application Instructions for further guidance.
CONSERVATION OR PRESERVATION RESTRICTIONS
Will the activity which is the subject of this application be located within a conservation or preservation
restriction area? CO Yes No
If yes, provide proof of written notice of this application to the holder of such restriction, and/or or a letter from
the holder of such restriction verifying that this application is in compliance with the terms of the restriction, as
Attachment 8.
LICENSE HISTORY
Indicate the number and date of issuance of any previous state permits or certificates issued by DEEP or
USACE which authorized work at the site, and the names to whom they were issued.
License/Permif/COP Date Name of Permittee/ Brief Description of
Authorization Number issued Certificate Holder Work Authorized
and Name of Agency
202015003-COP 2-2-20 Mark Spery Stone wail retention
202015007-LISGP 2-2-20 Mark Spery New GP 4/40 Dock Facility
DEEP-LWRD-APP-001C Page 2 of 9 Rev. 09/02/20

Part Ili: Site and Resource Information (continued)
8. SOIL AND/OR GROUNDWATER REMEDIATION
Does the site work include soil and/or groundwater remediation? [] Yes [x No
If yes, please provide reference documentation including a) plan views of the site showing the area of
contamination and b) a summary of remediation with chemical analysis, clean-up status, and remediation
program identification, as Attachment 9.
9. ENFORCEMENT HISTORY
|s this application associated with a formal or informal enforcement action that is pending with DEEP?
Yes [] No
If yes, please provide the enforcement action reference number and name of the DEEP staff contact:
Enforcement Action #: LID-2001-008-V
DEEP Division/Program: OSLIP
DEEP Staff Contact: Kevin Zawoy
If the property was the subject of any historical enforcement actions known to the applicant, explain:
The original wall started on the south side years ago is now at the upper intertidal zone and
DEEP’s jurisdiction the Notice of Non Compliance has been closed.
10. Regulatory Limit - See Reference Guide for Regulatory Jurisdiction for further explanation if necessary.
Indicate the landward extent of the State’s regulatory jurisdiction by checking one box:
Coastal Jurisdiction Line (CJL)- for CJL information, refer to the Coastal Jurisdiction Fact Sheet
and Chart.
(1 Mean High Water (MHW) - for projects located upstream of a tide gate, dam or weir (structure must
be shown on project plans).
[] Tidal Wetland Boundary — To be used if tidal wetlands are located landward of CJL or MHW.
Include one foot above local extreme high water, if applicable.
11. Tidal Elevations
Provide site elevations for CJL, MHW, Mean Low Water (MLW) and the High Tide Line (HTL)* in NAVD88.
For general elevation reference and conversion, please refer to USACE Tidal Flood Profiles; CO-OPS Map -
NOAA Tides & Currents; or, Online VDatum: Vertical Datums Transformation
CJL = 2.0 MHW = 0.6 MLW = -1.6 HTL = 1.8
*The HTL is necessary for USACE jurisdiction and required as part of the USACE application.
DEEP-LWRD-APP-001C Page 3 of 9 Rev. 09/02/20

Part Ill: Site and Resource Information (continued)
12, Coastal Resource Impact Table
Check the applicable boxes below to identify coastal resources to be impacted by the proposed activity at
the project site. Describe the impacts, as applicable. For definitions, refer to the Connecticut Coastal
Management Manual.
square feet
Resource Type Permanent |Temporary niiticad Describe Impacts
impact, impact mgation
SI Beaches/Dunes The property is an eroding bluff terminating at a
below HTL 200 gravelly, sandy intertidal zone with a partial seawall.
below CJL Work will be at low tide with beach restored.
7 There is one tidal wetland baccharis plant at this site
C1 Tidal Wetlands 15F and it will be worked around and transplanted at the
same elevation behind the extended wall.
C1 Nearshore waters 0 This site is along the Niantic River which is
classified as Estuarine Embayment.
Resource Type Describe Impacts (temporary and’permanent)
OC Benthic Habitat The site is of a sandy, gravelly bottom sediment with large and medium sized exposed
rocks with no observed special habitat, tidal wetlands or SAV.
J Intertidal Flats There are no inter-tidal flats at this site. There will be no adverse impacts on intertidal flats
which may exist nearby.
. There has been no observed submerged aquatic vegetation growing in the vicinity of this
C] Submerged Aquatic site in 2020 or 2021. No impacts are foreseen regarding SAV which might exist elsewhere.
egetation (SAV) This work is at the High Tide line and above. The beach is unvegetated.
Rocky Shorefront There are numerous rocks in the bottom sediments mostly less than 1 CY in size. Many
appear to have rolled down the bank. Rock removal or relocation not required.
Finfish The Niantic River is flounder spawning ground and alewife migration area. No impact to
finfish spawning or egg laying in this area. The project is located at the High Tide line.
Xx Wildlife The bluff is wooded, and hosts diversified vegetated areas that could be accessed by deer,
rodents and birds. This is area densely populated and not significant wildlife habitat.
; The upper Niantic River is a shellfish concentration area but is closed to shell fishing.
IX] Shellfish Areas There are no piles proposed, and no shellfish impact. The work is at and just below the
High Tide line and will not impact.
Xl
Coastal Hazard
Area
The Niantic River at this site is exposed to elevated flood levels of 3 to 4 feet above normal.
This project will not affect flood levels. FEMA flood criteria do not apply to this wall which
will stand 2 feet above the sediment, compliant with FEMA “No Obstruction” criteria.
&X
Bluffs/Escarpments
The site is a modified 40 foot high bluff with a partial seawall at the toe. Changes to the
bluff are deliberate to stop accelerated erosion of the bluff which is nearing the foundation
supports of the pre 1980 home. This work is essential.
Islands
This resource is not applicable to this site or the project.
Coastal Flooding
This project is consistent with FEMA standards and with the nature of adjacent shoreline
properties. There will be no impact on or by coastal flooding characteristics of the river.
Water Circulation
Patterns
The stone scour protection wall is at the toe of the bluff and will not impede or alter water
flow and circulation which is shore parallel predominantly.
Drainage Patterns
The stone scour protection wall is at the toe of the bluff and will not impede or alter
drainage patterns. The upland is replacing backfill at the toe of the bluff.
Olio, OO
j i The south stone scour wall exists and the smalier north section will look the same with no
Visual Quality : i .
visual impact foreseen or discernable.
. The proposed and existing structures will not adversely affect water quality. The wall will
Water Quality be built with natural stone masonry stone pieces with no adverse impact on water quality.
This project will decrease turbidity and thus allow for improved water quality.
DEEP-LWRD-APP-001C
Page 4 of 9 Rev. 09/02/20

Part IV: Project Information
Please note: Upon adoption of the Long Island Sound Blue Plan, the policies of the Blue Plan will be factors for
consideration for projects in the Blue Plan Policy Area boundary. The Policy Area boundary can be found on the
Blue Plan Map Viewer, while the policies are located in Chapter 4 of the Blue Plan document,
1. Describe, briefly, the existing structures within state regulatory jurisdiction, and their conditions and uses
at the site of the proposed work. Provide photographs showing resources and existing site
conditions as Attachment 10.
This site is a steep wooded bluff with a single-family residential dwelling. The upper portion of the lot is
fully developed with the house and accessories fronting on Niantic River Road. The shoreline is one third
natural eroding gravel, the southerly two thirds has stone wall which has been retained by previous
authorizations. A dock has also been authorized but has not yet been built.
2. a. Describe the proposed regulated work and activities in a detailed narrative, including the number and
dimensions of structures and the volume and area of fill or excavations. See LWRD Application
Instructions for required information.
This proposed project is to construct 26+/-LF of scour potection stone wall approximately 30+/-CY
over 150+/SF at and waterward of the CT Cosal Jurisdiction line and High Tide line.
b. Describe the construction activities involved for the project in detail, including methods, sequencing,
equipment, and any alternative construction methods that might be employed. For coastal dredging
projects, identify the type of equipment with bucket and barge capacity and, for upland disposal, provide
containment facility details (See Reference for Coastal/Tidal Dredging).
The stone masonry work will all be done by hand, getting stone to the bottom of the stairway, digging out
a narrow trench at and straddling the HTL and CJL, placing geotextile fabric in the bottom of the trench,
then building up with a vertical face on the waterside. The fabric will then be wrapped up the back side of
the wall to contain the, back fill which will then be placed.
c. Describe any erosion and sedimentaticn or turbidity control installation and maintenance schedule and
plans in detail. Such plans should be prepared in accordance with the 2002 Connecticut Guidelines for
Soil Erosion and Sediment Control, as revised, established pursuant to CGS section 22a- 328.
There are no erosion and sedimentation or tubidity control installations for this because the wall is built in
small increments and the wail is in fact the erosion protection for the bluff. Work will be done at Low
Tides so there will be no “in water” sediment disturbances and no turbidity.
d. Anticipated date of project initiation: Fall 2022
Indicate the length of time needed to complete the project and identify any anticipated time restrictions: It
is anticipated this proposed project will take approximately 3-4 months to complete, weather and
tides permitting. The applicant will “self-perform” the work.
3. For new structures, activities or encroachments, discuss project alternatives which were considered and
indicate why they were rejected. After all measures to eliminate or minimize adverse resource impacts have
been incorporated in the proposed project, describe why any adverse impacts that remain should be deemed
acceptable by the Land & Water Resources Division. For projects involving stormwater management, low-
impact development practices should be incorporated to the greatest extent practicable. Explain any reasons
for not using a low-impact development practice. See LWRD Application Instructions for further guidance.
There are no good options for this project. Driving sheets or wood sheathing is likely to accelerate bluff
sloughing. Larger stone cannot be hand deviiered to the wall site. Concrete could be pumped but would
increase the cost 10 times over Mr. Spery’s costs and require the excavation of 50 — 60 CY to create room
for the footing leaving the bluff perilously destabilized for the duration of the project. The rock wall is the
easiest, most structurally suitable, least invasive and most cost effective wall that could be built and
maintained at this site.
DEEP-LWRD-APP-001C Page 5 of 9 Rev. 09/02/20

Part lV: Project Information (continued)
4.
The proposed work is associated with which of the following uses? (Check all that apply)
Marine commercial/industrial use including aquaculture
Flood and erosion control
Residential boating access
C1 Shared residential boating access
Public access
Infrastructure improvement
KOO Of
Other — explain: Bluff erosion protection
If the site is a marina or yacht club, provide the following: Not applicable
a. Number of boat slips and moorings: (should be consistent with plans submitted as
Attachment 14)
b. Type of marine sanitation service provided at the facility.
[1] Check here to confirm that at least one plan view notes the location of upland support including
adequate parking, a marina office, and restrooms.
d, Check the applicabie services provided:
LJ boat repair/maintenance C] winter storage
CJ gas/fuel hook-up (1 electric hook-up
Cd fishing amenities C1 boating and/or equipment sales
If local/municipal review has or will require a Coastal Site Plan Review for activities at this site, please
explain the associated upland work. No Coastal Site Plan Review is required.
lf a new or expanded flood and erosion contro! structure (e.g. seawall) is proposed, it would provide for
the protection of:
C1 an infrastructural facility (J cemetery or burial grounds
Cla water-dependent use a pre-1995 commercial or residential structure
Please make sure Item 3., above, documents that there are no feasible, less environmentally damaging
alternatives and include Attachment 18, Engineering Report Cover Sheet. Also, the municipality must
forward the related Coastal Site Plan Review to LWRD. See LWRD Application Instructions for further
guidance.
Identify and evaluate any potential beneficial or adverse impacts to:
a. Navigation (include federal and local navigation channels and distance to nearby docks):
There will be no impact by this project to local navigation in the river or to or from adjacent dock
facilities. This work is limited to the High Tide line area.
b. Public access to, and public use of, public trust lands and waters waterward of Mean High Water:
This project will not create any adverse impact to public Access. All work is located along the High
Tide line, several feet upland from the Public Trust Lands and waters of the state. The work will be
confined to private property. The public will be able to pass across the site when the tides are
between MLW and MHW and there will be no impediment to use of the open waters beyond the wall.
DEEP-LWRD-APP-001C Page 6 of 9 Rev. 09/02/20

Part V: Engineering Support Documentation and Certification
Certain types of projects require documentation of engineering design. If you answer yes to one of the questions
below, you must submit a completed Engineering Report Cover Sheet (DEEP-LWRD-APP-001R) as Attachment
18 along with the relevant engineering report(s)
1. Does the proposed activity include engineered structures such as bridges, culverts, stormwater
management systems, detention basins, and/or flood & erosion control structures?
0 Yes No
2. Is the proposed activity located in a FEMA-designated Riverine or Coastal Floodplain?
Yes LJ No
If yes, provide documentation in the Engineering Report which demonstrates that the project is In
compliance with FEMA’s National Flood Insurance Program requirements and the local flood ordinance
for the municipality.
NOTE — Only the following activities in the Coastal Floodplain require engineering: buildings, flood and
erosion control structures; public access facilities; and, tide regulating structures. See Engineering
Report Cover Sheet for further guidance.
3. Is the proposed activity located in a FEMA-designated Floodway [] Yes No
If yes, the Engineering Report must include a statement signed by a registered professional engineer
that there is no-rise. This documentation must be supported by technical data that is derived from a
standard step-backwater computer model utilizing source data from the Flood Insurance Rate Map
(FIRM) or Flood Boundary and Floodway Map (FBFM). If a No-rise Certification form is available
through the municipality, please include it in the Engineering Report. For further information on No-Rise
Certification, see No-Rise Certification for Floodways | FEMA.gov
The Engineering Report Cover Sheet shall be signed and sealed by a Professional Engineer licensed in the State
of Connecticut. Supporting documentation as identified in the checklist may consist of engineering studies and
other documentation, as appropriate, in order to describe the hydrologic and hydraulic effects of the proposed
actions.
Part VI: Supporting Documents
The following attachments correspond to Form C. If the Attachment name is followed by “REQUIRED”, the
attachment must be submitted with every application. When submitting any supporting documents, please label
the documents as indicated in this part (e.g., Attachment 1, etc.) and be sure to include the same applicant name used
on Page 1 of this application form, Please check the box next to the attachments listed to indicate that they have been
submitted, and provide the applicable attachments following this form. NOTE: Attachment numbering is NOT
consecutive as the attachments relate to multiple LWRD program applications.
Attachment ID Attachment Description
Attachment 1 Public Notice of Application REQUIRED
A copy of the published notice of permit application, as described in the instructions, attached
to a completed “Certification of Notice Form- Notice of Application” (DEEP-APP-005A)
KX Attachment 3 Adjacent Parcel Notification REQUIRED
(Structures, Dredging and Fill & Tidal Wetland applications only)
Any land owner of record for any property that is located five hundred (500) feet or less from
the property line where the activity is proposed has to be mailed the “Certification of Notice
Form - Notice of Application” (Attachment 1). As Attachment 3, provide the names and
mailing addresses for these individuals and a certified mail receipt to document that a copy of
the Notice of Application was sent to each. If the proposed work is entirely waterward of
Mean High Water, but within the apparent riparian/littoral area of a shoreline property, that
property should be used to compile the list of the names and addresses of all land owners of
record located within five hundred feet from the property lines. Include any known claimants
of water rights adjacent to the project and owners or lessees of shellfish grounds or
franchises within the work area.
DEEP-LWRD-APP-001C Page 7 of 9 Rev. 09/02/20

Part Vi: Supporting Documents (continued)
Attachment 4
Attachment 7
CI Attachment 8
1 Attachment 9
Attachment 10
Attachment 14
Attachment 18
K] Attachment 20
O Attachment 21
Application Copy to Municipality
(REQUIRED for Tidal Wetland applications only)
In accordance with CGS section 22a-32, the applicant shall mail or e-mail a copy of the
application to the chief administrative officer and the chairmen of the conservation and
shellfish commissions of the town or towns where the proposed work is located. Provide
documentation such as a return receipt email or certified mail receipt to prove that such
notification was completed. The applicant is also responsible for providing a copy of any
substantive revisions made during the application review process.
Executive Summary REQUIRED
Summarize the information contained in the complete application which must include a
description of the proposed regulated activities and a synopsis of the environmental and
engineering analyses of the impact of such activities. Include a list of the titles of all plans,
drawings, reports, studies, appendices, or other documentation which are attached as part of
the application.
Conservation or Preservation Restriction Information, if applicable.
Remediation Documentation, if applicable.
Photographs showing existing conditions of the site REQUIRED
Project Plans, use Project Plan Checklist for requirements REQUIRED
Engineering Report Cover Sheet (DEEP-LWRD-APP-001R)
Natural Diversity Data Base (NDDB)
Completed NDDB Determination #,_202111189
If the proposed activity is within an NDDB area, complete and submit a Request for NODB
State Listed Species Review Form (DEEP-APP-007) to the address specified on the form,
prior to submitting this application. For NDDB maps and more information, visit the DEEP
website at www.ct.gov/deep/nddbrequest or call the NDDB staff at 860-424-3011.
Please note NDDB review generally takes 4 to 6 weeks and may require the applicant to
produce additional documentation, such as ecological surveys, which must be completed
prior to submitting this permit application. A copy of the NDDB Final Determination
response letter that has not expired must be submitted as Attachment 20. Include a copy
of any mitigation measures or management plan developed for this activity and approved
by NDDB. Please DO NOT include a copy of the NDDB Review Request/Application. Be
aware that you must renew your NDDB Determination if it expires before project work
commences.
DEEP Wildlife Division —- Osprey Consultation
If the proposed activity will occur within 300 feet of an osprey platform, please note that
work will be prohibited between May 1% and July 31% unless a DEEP waiver is obtained. If
this seasonal prohibition conflicts with the proposed work schedule, please contact the
DEEP Wildlife Division’s Wildlife Diversity Program staff at deep.wildlife@ct.gov or 860-
424-3011 for technical assistance before submitting your application. If you are seeking a
seasonal prohibition waiver, documentation of the waiver issued by Wildlife Diversity
Program staff must be submitted as Attachment 21. For known nesting locations, reference
the Osprey Map at:
https: /Avww.google.com/maps/d/viewer? mid=1GyxnB-
UAGxmselecH9Zi4UdH1ug&usp=sharing or https:/Avww.ctaudubon.org/citizen-science.
DEEP-LWRD-APP-001C
Page 8 of 9 Rev. 09/02/20

Part VI: Supporting Documents (continued)
[1] Attachment 22
O Attachment 23
L] Attachment 24
Attachment 25
Attachment 26
Attachment 27
Attachment 41
( Attachment 42
C] Attachment 43
Dredging Consultation Form
(REQUIRED for dredging activities only.)
If dredging is proposed, please refer to Reference for Coastal/Tidal Dredging and submit a
completed Dredging Consultation Form.
Fisheries Consultation Form
If your project involves one or more of the following activities, check the applicable box(es)
below and submit a completed Fisheries Consultation Form (DEEP-FISH-APP-007).
new public/fishing access;
beach nourishment;
hew docks and marinas on the Connecticut River,
coastal/tidal dredging projects:
culverts and bridges; and
OOoOoOoogd
activities within the Blue Plan Policy Area boundary.
Note: Fisheries consultation is not required for docks and marinas on Long Island Sound and
for disposal only of dredge sediment at one of the open water sites (generally NY dredge
projects).
Department of Agriculture/Bureau of Aquaculture Consultation
If your project falls within one the categories below, check the box and submit a completed
Department of Agriculture/Bureau of Aquaculture Consultation Form.
CJ any project in a municipality directly on Long Island Sound
(J any project on the Connecticut River in Old Saybrook or Lyme
(1 any project on the Housatonic River in Stratford or Milford
(J any project on the Thames River in New London, Waterford, Montville, Ledyard or Groton
(J dredging projects only in Lyme, Essex, Orange, Derby/Ansonia, Norwich or Preston
Harbor Management Consultation Form
If your town has a Harbor Management Commission, submit a completed Harbor
Management Commission Consultation Form.
Shelifish Commission Consultation Form
If your town has a Shellfish Commission, submit a completed Shellfish Commission
Consultation Form.
USACE Consultation Form
This consultation form is required to be submitted as part of an application for a Structures,
Dredging & Fill license (Connecticut General Statutes (CGS) Section 22a-361) and/or Tidal
Wetlands license (CGS Section 22a-32).
Applicant Compliance Information Form (DEEP-APP-002) REQUIRED.
Applicant Background Information Form (DEEP-APP-008) REQUIRED.
Other Information: Any other applicable information the applicant deems relevant or is
required by DEEP.
DEEP-LWRD-APP-001C
Page 9 of 9 Rev, 09/02/20

ATTACHMENT 1
PUBLIC NOTICE OF APPLICATION

ATTACHMENT 3
ADJACENT PARCEL MOTIFICATION
(Neighbors within 500 feet)

Docko 5 Inc. Serving the waterfront community since 1987
PO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: office@docko.com
November 3, 2021
Re: CT DEEP, Public Act
Notice of Application
Town of Waterford
To Whom It May Concern:
In accordance with the notice requirement for permit applicants for Department of Energy &
Environmental Protection permits, including the Structures, Dredging, Fill and Tidal Wetlands
permit programs and pursuant to Public Act 16-89, which requires certification and a copy of the
published notice to be sent to the property owners (with mailing address) within 500 feet in which
the related activity is proposed, we transmit herewith the required documents for the above
referenced applicant.
If you have any questions regarding this notification requirement, please give our office a call.
Very truly yours,
DOCKO, INC.
Christina Lopes
Project Administrator
JM:cl
CC: CT DEEP LWRD
FILE: 19-07-3045 SPERY

State of Connecticut
County of New London,
Personally appeared before the undersigned, a Notary Public within
and for said County and State, Matt Suraci, Legal Advertising Clerk,
of The Day Publishing Company Classifieds dept, a newspaper
published at New London, County of New London, state of
Connecticut wha being duly sworn, states on aath, that the Order of
Notice in the case of
NOTICE OF PERMIT APPLICATION Mark
Spery ("the applicant") he
A true copy of which is hereunte annexed, was
published in said newspaper in its issue(s) of
10/30/21
Cust: — DOCKO, INC.
Ad# 01015430
Subscribed and sworn to me
This Tuesday, November 2, 2021
é
Notary Public 4)
iy commission expires
NOTICE OF PERMIT APPLICATION
Mark Speny (the applicant”) herehy gives notice that
he Is submutted to tha Gepartment ot Environmental
Protection an application under Cont, Suctiott 220-362, to
conduct work viatenvard of the High Tre Line In tldal,
cuastal or navigable waters of the State Spactticatly, the
applkant prapases tu construct 26+/-LF of scour protec:
tras stone wall approximately 30+/-C¥ aver 1i0+/- at
and waterwatd af the CT Coastal Jevsdictioa Hae and
High Tide fine. The applicant is tecated a 2% Owegatchle
Rd in Waterford, CT The proposed actrity will affect
chantal resources In Niantic River Interested persans
tiay obsalir coples of the application from Docko, Inc, P
0, dox 421, Myst, ‘CT 06355, (860) 572-8935, Thy
pplicatiun wal be avallable tor inspection at the, Land
and Water Resource: Divison, 79 Ein Street, Hartford,
CT 06106 tom 9:30 - 420 Monday through Friday. For
further Information please cuntact the Lund ang Water [
Resurce Diviston at (860) 424-3034,

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ATTACHMENT 4
APPLICATION COPY TO MUNICIPALITY

BDocko 5 Inc. Serving the waterfront community since 1987
PO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: office@dacko.com
- November 3, 2021
‘Mr. Rob Brule:
First Selectman . ©
15 Rope Ferry Road
Waterford, CT 06385
Re: CT DEP, Public Act 98-140, Public Notice
Spery Property, 21 Oswegatchie Rd. Waterford
"Dear Mr. Brule:
In accordance with the notice-requirement for permit applicants for Department of Energy &
Environmental Protection permits, including the Structures and Dredging and Tidal Wetlands
permit programs and pursuant to Public Act 98-140, which requires Certification and copy of the
published notice to be sent to the municipal official in which the related activity is proposed, we
transmit herewith the required documents for the above referenced applicant.
If you have any questions regarding this notification requirement, please give me a call.
Very truly yours,
\DOCKO, INC.
(UO
Christina Lopes
Project Administrator
JM: cl
CC: CT DEEP LWRD
FILE: 19-07-3045 SPERY

PUBLISHER'S CERTIFICATE
State of Connecticut
County of New London,
Personally appeared before the undersigned, a Notary Public within
and for said County and State, Matt Suraci, Legal Advertising Clerk,
of The Day Publishing Company Classifieds dept, a newspaper
published at New London, County of New London, state of
Connecticut who being duly sworn, states on oath, that the Order of
Notice in the case of
NOTICE OF PERMIT APPLICATION Mark
Spery ("the applicant") he
A true copy of which is hereunto annexed, was
published in said newspaper in its issue(s) of
10/30/21
Cust: DOCKO, INC.
Ad # 01015430
Subscribed and sworn to me
This Tuesday, November 2, 2021
Sy, ; : -
Notary Public
My commission expires
NOTICE OF PERMIT APPLICATION
Mark Specy (the appticant’y hereby sives notice that
he is submitted to tha Department of Environmental
Protechon an application under: Con. Suction 223-363 to
conduxt-work waterward of the High Tide Line Int Udal,
cuastal or navigable waters ofthe state Speciticalty, the
appikant proposes tu consteyct 26+/-EF of scaur protec
tion stone wall approximately 409/-C¥ aver 1504/- a
and waterward af the CT Coastal Jurisdiction Une and
High Tide Hine. The applicant is fecated at 21 Oswegatchia
Rd in Waterford, Cr The prposed actr(ty will affect
qmastad resources In Mrantic Rivet Interested persons
say obtain coples of the application from Bocko, Int, P
9. Hox 421, Myste, CT 06356, (860) 572-8095. The |
application will be available for inspection st the, Land
and Water Resourey Divisen, 79 Elm Street, Hartford,
CT 06106 Nom 8°20 - 4:30 Monday through Friday, For
further information please cuntact the Land and Water |
Resource Biviston at (860) Ae 30H.

ATTACHMENT 7
Executive Summary
L Table of Contents
Attachment 1: Public Notice of Application
Attachment 3: Adjacent Parcel Notification
Attachment 4: Application Copy to Municipality
Attachment 7: Executive Summary
Attachment 8: Conservation or Preservation Restriction, if applicable
Attachment 9: Remediation Documentation, if applicable
Attachment 10: Photographs of Existing Conditions of Site
Attachment 13: A2, T2 survey less than 5 years old
Attachment 14: Project Plans, Vicinity Map, Tax Assessor’s Map
Attachment 18: Engineering Report Cover Sheet
Attachment 20: Natural Diversity Data Base (NDDB)
Attachment 21: DEEP Wildlife Division — Osprey Consultation, if applicable
Attachment 22: Dredging Consultation Form, if applicable
Attachment 23: Fisheries Consultation Form
Attachment 24: Department of Agriculture/Bureau of Aquaculture Consultation
Attachment 25: Harbor Management Consultation Form
Attachment 26: Shellfish Commission Consultation Form
Attachment 41: Applicant Compliance Information Form
Attachment 42: Applicant Background Information Form
Attachment 43: Other Information
Project Description and Timeline
This proposed project is to retain 26+/-LF of scour protection stone wall approximately 15+/-CY over 100+/-
waterward of the CT Coastal Jurisdiction line and High Tide line.
It is anticipated that the proposed work would be completed in the Summer of 2022 or shortly thereafter,
tide and weather permitting and upon receipt of permits. No seasonal or time period restrictions are
anticipated.
Preliminary Environmental Data Analysis
There are no known or foreseeable significant adverse environmental impacts that would have to be
eliminated or minimized to make the project acceptable by the DEEP. The project is consistent with all
current standards and policies and criteria for approval utilized by the CT DEEP LWRD under existing
regulations for the Town of Waterford. The project is currently not a significant encroachment into
navigable waters of the State and neither the structure nor the encroachment of the dock facility adversely
impact navigation, public access to public trust lands and waters of the State of Connecticut or neighbor
access/navigation. There are no known rare or unique plant or animal resources in the area that will be
adversely impacted by this structure or the proposed boating usage at the site. The dock facility will be
constructed of pile supported wood frame and timber elements which will not adversely affect water flow
and circulation, long shore sediment transport or flooding characteristics of the Niantic River and no
adverse effects on drainage, erosion and sedimentation from the upland are foreseen because of the small
scope work and impact on those areas. No mitigative measures are considered necessary for this project
to be acceptable by the DEEP.

ATTACHMENT 10
PHOTOGRAPHS OF EXISTING CONDITIONS OF SITE


ATTACHMENT 13
A2, T2 SURVEY LESS THAN 5 YEARS OLD

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ATTACHMENT 14
PROJECT PLANS
(including Vicinity Map & Tax Assessor’s Map)

O0.28AC
18
1, ELEVATION DATUM IS MEAN LOW WATER (MLW).
2. TIDE DATA IS TAKEN FROM 2021 NOAA TIDE TABLES
REFERENCE : NIANTIC RIVER. CJL IS TAKEN FROM THE
COASTAL JURISDICTIONAL LINE FACT SHEET :
WATERFORD
3. PROJECT DESCRIPTION: CONSTRUCT 26sLF OF SCOUR
PROTECTION STONE WALL APPROXIMATELY 30+CY OVER
15OzSF WATERWARD OF THE CT COASTAL JURISDICTION
LINE AND HIGH TIDE LINE.
4. PROJECT PURPOSE: THE SCOUR WALL WILL HELP TO
ISTABILIZE AN ERODING COASTAL BLUFF AND A PRE
12BO HOME AND PRIVATE PROPERTY.
5. THESE APPLICATION DRAWINGS REPRESENT A
COMPILATION OF SURVEYS FOR ENVIRONMENTAL PERMIT
PURPOSES. THEY ARE NOT CONSTRUCTION CONTRACT
DOCUMENTS AND REPRESENT THE OWNERS DESIGN. A
TOWN BUILDING PERMIT MAY BE REQUIRED.
6. ADJOINING PROPERTY OWNERS:
NORTH: SOUTH:
WILLIAM B PEPIN BARBARA H EBERLE
12 OSWEGATCHIE ROAD =. 23 OSWEGATCHIE ROAD
WATERFORD, CT 06385 WATERFORD, CT 06385
7. SITE ADDRESS:
21 OSWEGATCHIE ROAD
WATERFORD, CT 06385
i)
\4 4
es
cm i
a ws)
mn \ rN
y= 3843
s
LOCATION MIA REFERENCE ZIT EO) % S
SS GRAPHIC SCALE AO eG %&
5000 O 5000 IN FEET of SPERY %
2 Zz
7 °
NOTES: 2 3
NEW STONE SCOUR
PROJECT:
| WALL
NIANTIC
RIVER
Ip
rye f PLAN | &
GRAPHIC SCALE 1"=10'
{ J
50 25 (eo) 50
NOTE: THE SHORELINE SHOWN ON THIS DRAWING IS BASED ON TOWN
GIS PLANIMETRIC INFORMATION AND MAY NOT REFLECT THE CURRENT
TIDE LINE LOCATIONS OR FEATURES.
PROJECT: NEW STONE SCOUR WALL
LOCATION: TOWN OF WATERFORD
NEW LONDON COUNTY, CONNECTICUT
WATERWAY: NIANTIC RIVER
DATE: OCTOBER 21, 2021
APPLICANT: MARK SPERY
AGENT: SHEET 1OF 4
DOCKO, INC.
Keith B. Neilson, PE
Mystic, CT OG355
860 572 8939
EMAIL: permits@docko.com
DWG
19-07-3045
Keith B. Neilson, Docko Inc.
7/28/2022 4:20 PM
Spery_SED_Permit_l.dwg

NOTES:
NO OSPREY POLES WERE OBSERVED WITHIN 500-FT OF THE SITE.
DOCK FACILITIES ON ADJACENT PROPERTIES ARE ida
NOT SURVEYED. °} x
ects) oer
12 Oswegatchie Road wn ea A EO
N/E William B Pepin away Wet? SITE
NS aoe
DEEP RESOURCES
‘ROCKY SHOREFRONTS
ESTUARINE EMBAYMENTS
MODIFIED BLUFFS AND ESCARPMENTS
COBSTAL FLOOD HAZARD
PROPERTY of
SHELLFISH CONCENTRATION AREAS SpERY
\\ \
nN \ EXTENDED % A
\ APPROXIMATE ° at \\
PROPERTY LINE z :
N es MULTI-STORY
Bacecharis halimifolia ot RESIDENCE
(HGH TIDE BUSH) R
TQ BE REPLANTED, KN
ae \ ge
\ "y \ S
\ < \ Q
3.7 CuL/HTL Ns
a ne
\ \ a ~ \
Noho VX ; * \
ree a ea SA STONE SCOUR WALL TO BE \. \, ve Ase
and RETAINED DEEP PERMITH \ QA OBR?
BOAT LIFT NOT YET DO2GISOCE.GOP BO
BUILT/INSTALLED DEEP vo \ MA
PERMIT# 202015007-LISGP oN veg
\ BY . & ay a
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n
NILANITICS NOON
-
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a OR .\ \ 1 . Ot
~ STONE 2#CY NORTH OF
~—— yg
SQNPY BOTTOM “EXTENDED PROPERTY LINE DEEP
\ 7 \ |
\
i an PERMIT# 202015003-Co? | =
/ | \ gor \ \ A
if i \ are APPROXIMATE a aaa 23 Oswegatchie Road
/ H ae~\ x \ \ \ N/F Barbara H. Eberle
/ -
\ : \
/ at \ EXTENDED {
Ps \ \ APPROXIMATE {
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EXISTING CONDITIONS
GRAPHIC SCALE 1"=20'
| i — ]
20 10 O° 20
SURVEY by RESOURCE MANAGEMENT & MAPPING
ELEVATIONS ARE BASED ON MEAN LOW WATER (MLW) | PROJECT: NEW STONE SCOUR WALL
LOCATION: TOWN OF WATERFORD
NEW LONDON COUNTY, CONNECTICUT
WATERWAY: NIANTIC RIVER
DATE: OCTOBER 21, 2021
APPLICANT: MARK SPERY
AGENT: SHEET 2 OF 4
DOCKO, INC.
Keith B. Neilson, PE
Mystic, CT OG6355
860 572 8939 LOT.
EMAIL: office@docko.com BWE IO1-3046
Keith B. Neilson, Docko Inc. 2/22/2022 1:47 PM Spery_S€D_Permit_2.dwg

BRUSH and TREE COVERED BANK
APPROXIMATE EXCAVATION LIMIT
LINE FOR NEW STONE SCOUR WALL
zuil
8
APPROXIMATE EXISTING
\ 17 GRADE PROFILE
SINGLE Baccharis halimifolla (HIGH TIDE BUSH)
TO BE REPLANTED
2. BOTTOM SEDIMENTS
(SAND and GRAVEL ‘
TYPICAL EXISTING
Seoss 22-71)
GRAPHIC SCALE 1"=6'
= a 1
6543210 2}
BRUSH and TREE COVERED BANK
REGRADE TO MATCH
EXISTING GRADE PROFILE
3 SINGLE Baccharis halimitola (HIGH TIDE BUSH)
7
TO BE REPLANTED WITH ROOT BALL AT
HIGH TIDE ELEVATION
26:LF OF NEW STONE SCOUR WALL BO:CY
OVER 150:SF - TO BE RETAINED TOP EL 58FT TO
MATCH ELEVATION OF SOUTHERLY WALL. RETURN
TOP ELEVATION TO MATCH GRADE OF BLUFF
APPROXIMATE
_ TEMPORARY
_ EXCAVATION ?
oh ee LIMIT
NEW GEOTECH FABRIC BENEATH -.
ese ie === Mw oo —
“BOTTOM SEDIMENTS: : ae > -
pb NS" STONE AND UP BACKSIDE OF SAND and GRAVEL : oh.
Pho aa fone vais, NEW STONE SCOUR WALL GUE RAE aR ret:
TYPICAL PROPOSED
CROSS-SECTION
GRAPHIC SCALE 1'= 6" ELEVATIONS ARE BASED ON MEAN LOW WATER (MLW)
a or | _—_]
6543210 6 PROJECT: NEW STONE SCOUR WALL
LOCATION: | TOWN OF WATERFORD
NEW LONDON COUNTY, CONNECTICUT
WATERWAY: NIANTIC RIVER
DATE: OCTOBER 21, 2021
APPLICANT: MARK SPERY
AGENT: SHEET 4 OF 4
DOCKO, INC.
Keith B. Neilson, PE
. .
5 aiid - i
ya Mystic, CT 06355
“69, PACTICE x 860 572 8939 DWG 1OTSO45
Uo EMAIL: office@docko.com
Kelth B. Neilson, Docko Ine. 2/22/2022 151 PM Spery_S€D_Permit_4.dwg

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GRAPHIC SCALE 1°=10' ELEVATIONS ARE BASED ON MEAN LOW WATER (MLW)
PROJECT. NEW STONE SCOUR WALL
LOCATION: TOWN OF WATERFORD
NEW LONDON COUNTY, CONNECTICUT
WATERWAY: NIANTIC RIVER
DATE: OCTOBER 21, 2021
APPLICANT: MARK SPERY
AGENT: SHEET 3 OF 4
DOCKO, INC.
Keith B. Neilson, PE
Mystic, CT OG355
8G6O 572 8939 ae
EMAIL: office@docko.com PWG! EO 2OAe
Keith B. Neilson, Docko Ine. 2/22/2022 1:49 PM Spery_SED_Permit_3.dwg

U.S, DEPARTMENT OF THE INTERIOR Pet MENTOR.
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p is for planning purposes only.

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ATTACHMENT 18
ENGINEERING REPORT COVER SHEET

tag
Connecticut Department of
4 Energy & Environmental Protection
fy Bureau of Water Protection & Land Reuse
Land & Water Resources Division
LWRD License Application
Engineering Report Cover Sheet
This Cover Sheet is a checklist of requirements that need to be completed and submitted with the engineering
report. Please complete this checklist by identifying where each requirement listed is addressed in the engineering
report (report title and page numbers). If an item is not applicable, place "NA" in the box. The engineer report must
fully describe the design of the proposed facilities or other actions and the hydraulic and hydrologic effects thereof.
This Cover Sheet is required to be signed and sealed by a professional engineer licensed in the State of
Connecticut.
Stormwater Management
Not a stormwater Management Project.
Description of the design storm frequency intensity, volume and duration
Not a stormwater Management Project.
Watershed maps, existing and proposed
Not a stormwater Management Project.
Computations for Tc
Not a stormwater Management Project.
Imperviousness calculations
Not a stormwater Management Project.
NRCS runoff curve numbers, volumetric runoff coefficients
Not a stormwater Management Project.
Computations used to determine peak runoff rates, and velocities for each watershed
area (24-hour storm):
e Stream Channel Protection: 1-year