Harbor Management Commission

REGULAR MEETING – HARBOR MANAGEMENT COMMISSION AGENDA AUGUST 27, 2025, 6:00 PM BY ZOOM VIRTUAL MEETING To allow public access, anyone may access a meeting by telephone and/or Zoom, or a recording in the City of Norwalk YouTube channel. Specific instructions and links can be found at norwalkct.gov/meetings. Members of the public may call in to participate. Callers will not be able to see the meeting participants. All participants will be muted upon entering the meeting. To speak, dial *9 on the phone and you will be called on by the host of the meeting during the public comment section. All speakers must state their name and address. Comments must be on a topic on the agenda, and are limited to three minutes. Anyone disrupting the orderly conduct of the meeting, including by using threatening, hateful, or sexually-explicit language, will be removed. Please find the information using the link above. Members of the public who wish to provide "live comments" may also use the Zoom meeting platform. All participants will be muted upon entering the meeting. To speak, click the “raise your hand indicator” and you will be called by the host of the meeting during the public comment section. All speakers must state their name and address. Comments must be on a topic on the agenda, and are limited to three minutes. Anyone disrupting the orderly conduct of the meeting, including by using threatening, hateful, or sexually-explicit language, will be removed. Please find the information using the link above. Members of the public who wish to provide public comment are encouraged to submit those via email in advance of the meeting. For these comments to be included into the record, they must be submitted by 12:00 p.m. the day of the meeting. Please email Amelia Williams at amelia.williams@norwalkct.gov with the subject line “Public Comment” to provide written public comment prior to the meeting. I. CALL TO ORDER II. ROLL CALL III. PUBLIC PARTICIPATION IV. ACCEPTANCE OF MINUTES A. Regular Meeting: July 23, 2025 V. APPLICATION REVIEW COMMITTEE A. 108 Water Street - CAM Referral: Construction of a 4.5 story, 59-unit, mixed-use building, continued from last meeting B. 15 Seabreeze Place - COP: Modify pier, pierhead, and boat lift C. Text Amendment Referral: Allow for a "pocket park" to be a permissible private Page 1 of 63  frontage type for through lots within the CD-4 zone (which abuts the Harbor). D. 5 Gregory Ct - CAM Referral: Raise an existing single family residence to be FEMA flood compliant VI. REPORTS A. Chairperson B. Shellfish Commission C. Staff 1. Harbor Master 2. Consultant D. Committee 1. Mooring and Harbor Safety 2. Finance 3. Plans and Recommendations 4. Newsletter/Website 5. Water Quality VII. ADJOURNMENT Page 2 of 63  CITY OF NORWALK HARBOR MANAGEMENT COMMISSION REGULAR MEETING JULY 23, 2025 ATTENDANCE: Alan Kibbe (Chair), Matt Gifford, Jeffrey Mangels (Vice-Chair), Michael Matthews, Dr. John Pinto, Don Remson ABSENT: Chris MacDonnell, Laurie Jones, Chris White STAFF: Amelia Williams OTHER: Geoff Steadman, Consultant; Robert Stowers, Norwalk Recs and Parks APPLICATION REPRESENTATIVES: Adam Blank, Wofsey Rosen; Seelan Pather, Beinfield Architects; Vincent Hines, Redniss & Mead; Azure Dee Sleicher, Race Coastal Engineering; Henry Conroy, Spinnaker Real Estate Partners; Eric Raines, landscape architect; Liz Suchy, Carmody, Torrance, Sandak & Hennessey. Christina Angilokis, Plant Court LLC; Oliver Cope and Olivia Rowan, Oliver Cope Architecture; Andy Soumelidis, LandTech; Tom Ryder, LandTech I. CALL TO ORDER Chair Kibbe called the meeting to order at 6:15 PM with a quorum of six commissioners present. II. ROLL CALL Chair Kibbe performed roll call. III. PUBLIC PARTICIPATION There was no one present who wished to address the Commission. IV. ACCEPTANCE OF MINUTES Chair Kibbe reviewed the minutes from the June 25, 2025 regular HMC meeting with a suggested amended language highlighted. **MR. GIFFORD MOVED THAT THE MINUTES OF THE JUNE 25, 2025 MEETING BE ACCEPTED AS AMENDED. **MR. PINTO SECONDED THE MOTION. **THE MOTION PASSED UNANIMOUSLY. CITY OF NORWALK HARBOR MANAGEMENT COMMISSION REGULAR MEETING JULY 23, 2025 Page 3 of 63  PLANS AND RECOMMENDATIONS COMMITTEE REPORT This item was presented out of order. Mr. Kibbe gave Laurie Jones’ report in her absence. Plans and Recommendations Harbor Master Bruce Lovallo and HMC Commissioner Jeff Mangels are reviewing the Harbor Management Plan for policy updates, and the legislative decision on the authority of the HMC is still pending in bill form. Chairman Kibbe is reaching out to the ACOE regarding the dredging project. V. APPLICATION REVIEW COMMITTEE A. 66 Calf Pasture Beach Road - Pre-Submission Consultation Dr. Pinto noted this matter is being tabled again for next month due to lack of updated information. B. 108 Water Street - CAM Referral: Construction of a Mixed-Use Development Mr. Blank of Wofsey Rosen, representative of contract purchaser Spinnaker Acquisitions, introduced the proposed 4.5-story, 59-unit mixed-use development including plans for open public space, boat slips (up to 14 pending DEEP approval), boardwalk, restaurant, offices, retail, and water-dependent uses. He reviewed the alignment of the project with the specific goals laid out in the Norwalk Harbor Management Plan. The project architect, civil engineer, and coastal engineer also presented including: Seelan Pather, Beinfield Architects; Vincent Hines, Redniss & Mead; Azure Dee Sleicher, Race Coastal Engineering; Henry Conroy, Spinnaker Real Estate Partners; Eric Raines, landscape architect. Comments were made by Deputy Harbor Master Owen Lee highlighting the site's importance for harbor-dependent activities including hazardous material staging, fireworks, and marine construction, with concerns about alternative locations for these uses. Further discussion ensued regarding site uses, public access hours and flooding potential. ** MR. MANGELS MOVED THAT THE COMMISSION TABLE THE DISCUSSION OF THE 108 WATER STREET CAM APPLICATION UNTIL THE NEXT HMC MEETING IN ORDER TO RECEIVE FURTHER COMMENTS FROM DEEP. ** MR. GIFFORD SECONDED THE MOTION. ** THE MOTION PASSED UNANIMOUSLY. C. 46 South Beach Drive - CAM Referral: Residence Elevation and Additions Atty. Suchy of Carmody, Torrence, Sandak & Hennessey, represented the property owner Plant Court, LLC and described plans to raise the existing single-family home to meet FEMA flood CITY OF NORWALK HARBOR MANAGEMENT COMMISSION REGULAR MEETING JULY 23, 2025 Page 4 of 63 elevation requirements, with minor additions and relocation of a pool. Vincent Hines, Redniss & Mead also presented. ** MR. MATTHEWS MOVED THAT THE 46 SOUTH BEACH DRIVE CAM APPLICATION IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, INCLUDING REDUCTION OF IMPERVIOUS SURFACE, AND WATER QUALITY IMPROVEMENTS. ** MR. MANGELS SECONDED THE MOTION. ** THE MOTION PASSED UNANIMOUSLY. D. 36 Shorefront Park - CAM Referral: New Residence Construction Atty. Suchy of Carmody, Torrence, Sandak & Hennessey, property representative, presented the proposal for a new single-family residence, compliant with flood elevation criteria, plus landscaping and stormwater management. Andy Soumelidis of LandTech also presented. ** MR. GIFFORD MOVED THAT THE 36 SHOREFRONT PARK CAM APPLICATION IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, INCLUDING WATER QUALITY IMPROVEMENTS AND FLOOD HAZARD MITIGATION. ** MR. MANGELS SECONDED THE MOTION. ** THE MOTION PASSED UNANIMOUSLY. E. 10 Nathan Hale Drive - CAM Referral: Repair of Flood and Erosion Control Structure Mr. Ryder of LandTech summarized the repair of an existing seawall and deck, noting no changes from prior submission and that DEEP review is nearly complete. ** MR. PINTO MOVED THAT THE 10 NATHAN HALE DRIVE CAM APPLICATION IS CONSISTENT WITH THE HARBOR MANAGEMENT PLAN, AS REPAIR OF AN EXISTING FLOOD AND EROSION CONTROL STRUCTURE. ** MR. MANGELS SECONDED THE MOTION. ** THE MOTION PASSED UNANIMOUSLY F. 32 Shorehaven Road - CAM Referral: Residential Dock Construction Mr. Ryder of LandTech updated the proposed dock design to “dogleg” further into the center of the property to satisfy neighboring property concerns. DEEP and ACOE approvals have been received. Mr. Gifford expressed concern about the dock’s exposure to storm waves; Mr. Ryder noted seasonal removal of floats and ramps. ** MR. GIFFORD MOVED THAT THE 32 SHOREHAVEN ROAD DOCK CONSTRUCTION CAM APPLICATION IS CONSISTENT WITH THE HARBOR CITY OF NORWALK HARBOR MANAGEMENT COMMISSION REGULAR MEETING JULY 23, 2025 Page 5 of 63 MANAGEMENT PLAN, WITH THE CONDITION THAT FLOATS AND RAMPS BE REMOVED IN THE OFF SEASON DUE TO EXPOSURE TO STORM WAVES. ** MR. MANGELS SECONDED THE MOTION. ** THE MOTION PASSED UNANIMOUSLY. VI. REPORTS A. Chairperson Report (Mr. Kibbe) Encouraged commissioners to use official city email accounts to simplify FOIA compliance and centralize records. Emphasized that all Harbor Commission documents and communications be routed through City Hall to maintain public records. Noted this is not Harbor Commission business but shared that he serves on the Advisory Committee of the Route 7/Merritt Parkway interchange project that will involve major redesign to traffic flow. Mr. Kibbe expressed his concern about emergency egress during coastal storms in Norwalk given the increase in population. Further information can be found on the 7/15 website at the CT DOT. B. Shellfish Commission In Mr. Bartush’s absence, no report given. C. Staff Reports 1. Harbor Master Report (Mr. Lovallo) Discussed balancing rowing activities with commercial oyster boat traffic; noted that Harbor Marine Police presence improves compliance. Addressed marine construction activities and mooring permits issued for crane barge staging. Detailed efforts to recover construction buoys and moorings near Greens Ledge Lighthouse and announced that they will be removed for now Mentioned minor propeller damage and imminent repair for his vessel. Expressed commitment to increased island inspections and litter enforcement. Thanked HMC Commissioner Don Remson for getting the re-painting of the water level scale marker on the Strofollino Stroffolino Bridge. 2. Consultant Report (Mr. Steadman) CITY OF NORWALK HARBOR MANAGEMENT COMMISSION REGULAR MEETING JULY 23, 2025 Page 6 of 63 Provided updates on several matters including that a committee has been established of members from various Harbor Commissions to work on amending the Harbor Management Act; the Route 7 project's potential impact on stormwater management and the Norwalk River suggesting the Harbor Commission should be involved; ongoing developments with the Manresa Island proposal and the need for clarity on the regulatory process; update on the Norwalk Watershed Plan rewrite; his 17 years of expertise in the dredging process; renaming the Veterans Park Marina after Tony Mobilia and suggested formalizing this recommendation to the mayor; and informed about the passing of Fairfield's First Selectman, Bill Gerber. Robert Stowers from Recs and Parks said that a formal proposal is necessary to rename the Veterans Park Marina. Dr. Pinto said he would submit a proposal to the Commission. D. Committees 1. Finance – Chris MacDonnell A report was not provided in Mr. MacDonnell’s absence. 2. Plans and Recommendations – Laurie Jones (see under “IV. Acceptance of Minutes”) 3. Mooring and Harbor Safety – Jeff Mangels Dockwa – have repeat visitors and enthusiastic reviews for positive Norwalk experience. Moorings - Active management and enforcement underway as per Harbor Master and Mr. Mangels' reports. Transient Moorings – expressed huge thanks to Deputy Harbormaster Lee, Officer Figuaroa and Harbor Master Lovallo for ensuring compliance. New barrel floats received and installed. Harbor Master Boat needs new propeller. Will have old propeller repaired so will have an extra on hand. Boat needs to be hauled on and painted by Edwards Marine. Harbor and Island Safety - Highlighted successful joint effort with Boy Scout Troop 222 executing a significant cleanup and improvement project (cut brush, built firepits, removed trash, installed new signage, etc.) on July 20, 2025 on Shea Island as an Eagle Scout initiative by Jamie Cohen, involving coordination with Recreation and Parks, Norwalk Police Marine Unit, and Harbor Master Lovallo. A letter of appreciation will be sent to Jamie Cohen by Jeff Mangels on behalf of the Norwalk HMC. Robert Stowers underscored the importance of volunteer appreciation by the City. Bruce Lovallo expressed his commitment to periodically checking on the islands, especially Shea and Chimon. Confirmed that the large buoys at Greens Ledge Lighthouse have been removed. Robert Stowers left the meeting at approximately 8:10 pm. CITY OF NORWALK HARBOR MANAGEMENT COMMISSION REGULAR MEETING JULY 23, 2025 Page 7 of 63  4. Newsletter/Website No new updates. 5. Water Quality Inactive pending new mayoral appointments. VII. ADJOURNMENT ** MR. MANGELS MOVED TO ADJOURN THE MEETING. ** MR. PINTO SECONDED THE MOTION. ** THE MOTION PASSED UNANIMOUSLY. Meeting adjourned at approximately 8:19 PM. Respectfully Submitted, Courtney Baldwin CITY OF NORWALK HARBOR MANAGEMENT COMMISSION REGULAR MEETING JULY 23, 2025 Page 8 of 63  CPPU USE ONLY App #s: ________________________________ _________________________________ ____________________________ -DIV ____________________________ -FM/E Doc #: _________________________________ LWRD License Application Check #: _______________________________ Transmittal Form The Land & Water Resources Division (LWRD) License Application* consists of this Transmittal Form and the program- specific form. All application forms can be found on the Department of Energy & Environmental Protection (DEEP) website at www.ct.gov/deep/lwrdpermitapps. Submit application forms per instructions provided in Part VII of this transmittal form. Part I: License Type and Fee Information The table below lists various License types issued by DEEP LWRD. If more than one license is necessary for a project, complete only one Transmittal Form. Complete as many Program Forms as applicable for the project. Check the boxes below that correspond with the LWRD license(s) being requested. Program Type of License Fee Form Licenses for Activities in Aquifer Protection Areas Aquifer Protection Area Registration A $625 1 Check one: New Modification of # (no fee) Renewal of # Aquifer Protection Area Permit Check one: New 1 Modification of # (no fee) B $1,250 Renewal of # 1 Note that if you are seeking a modification, you should consult the Aquifer Protection Program at 860-424-3019 prior to application submittal to determine whether a registration form is necessary. Licenses for Activities in Tidal Waters 2 Structures, Dredging & Fill C $660 2 Structures, Dredging & Fill and Tidal Wetlands (TW) C $660 2 3 Structures, Dredging & Fill and Section 401 Water Quality Certificate (WQC) C $660 2 3 Structures, Dredging & Fill ; TW; and Section 401 WQC C $660 Certificate of Permission (if applicable, WQC will be included) 2 D $375 For projects larger than 825 square feet, provide Attachment A with an additional fee. Refer to the instructions (page 4) for fee calculations. 3 For activities requiring a Sec.404 Permit from United States Army Corps of Engineers (USACE). General Permit Registration for Coastal Maintenance Marina and Mooring Field Reconfiguration E $700 Remedial Activities Required by Order F $700 Residential Modification to FEMA Standards G $100 Reconstruction of Permitted Structures H $300 General Permit Registration for Minor Coastal Structures 4/40 Docks/Access Stairs I $700 Non-Harbor Moorings J $250 General Permit Registration for Dolphin Cove Structures, Fill, Obstructions, or Encroachments in Dolphin Cove Lagoon, Stamford K $100 DEEP-LWRD-APP-001 Page 1 of 6 Rev. 10/01/19 Page 9 of 63 Part I: License Type and Fee Information (continued) Program Type of License Fee Form For Federal Agency Activities Only: Section 401 Water Quality Certificate (Tidal) C None Licenses for Activities in Non-Tidal Waters 3 Section 401 Water Quality Certificate (Individual) L None 3 Pre-Construction Notification, USACE General Permits for CT L None 4 Inland Wetlands and Watercourses L None 4 3 Inland Wetlands and Watercourses and WQC L None 3 For activities requiring a Sec.404 Permit from USACE. 4 For State Agency Activities OR Activities Conducted on State Owned/Controlled Lands. For State Agency Activity Conducted on State Owned/Controlled Lands Only: General Permit Registration for Water Resources Construction Activities Activities 1-4: Maintenance Plans M $2,500 Activities 5-7: Infrastructure and Public Works Projects N $2,500 Activity 8: Activities Authorized Under a Corps General Permit O $1,250 (Must be submitted after receiving PCN approvals and Flood Management, if applicable.) Activity 9: Conservation Activities O $1,250 Additional Licenses for Activities These licenses may be combined with Tidal or Non-Tidal Waters licenses. Water Diversion – Non-consumptive Watershed < 0.5 sq. mi. L $2,050 Watershed ≥ 0.5 sq. mi and < 2.0 sq. mi. L $4,000 Watershed ≥ 2.0 sq. mi. L $6,250 For State Agency Activity/Activities Receiving Funding Through a State Agency: Flood Management Certification P None Flood Management Certification with Exemption Request P None Fee from Attachment A, if applicable Total *For processing purposes, the terms Application and Applicant are synonymous with the terms Registration and Registrant. In addition to applicable boxes above, check here if your application is: eligible for a municipal 50% discount; for work in tidal waters and being submitted pursuant to CGS section 22a-361(a)(2)(d) to address a violation; or receiving state funding including federal funding administered by the state (to help determine need for Flood Management Certification). DEEP-LWRD-APP-001 Page 2 of 6 Rev. 10/01/19 Page 10 of 63 Part II: Project and Site Information 1. Site Name and Location Name of Site: David Kucher Dock Modification Address of Site: 15 Seabreeze Place City/Town: Norwalk State: CT Zip Code: 06854 Parcel Location/Tax Assessor's Reference: Map 16SE Block 90 Lot 96 GPS Coordinates/Latitude and Longitude: Provide the exact location of proposed activity, in degrees/minutes/seconds or in decimal degrees: Latitude: 41.086120° N Longitude: 73.410860° W Parcel/Easement size: If the project is located on a parcel, indicate parcel acreage: 0.1380 acres If the project is located on a utility/transportation right-of-way or easement, indicate dimensions or acres: 2. Project: Provide a brief description of project/activity/work: Modify authorized pier, pierhead and boat lift in Norwalk Harbor Part III: Applicant Information • If an applicant is a corporation, limited liability company, limited partnership, limited liability partnership, or a statutory trust, they must be registered with the Secretary of State. If applicable, the applicant’s name shall be stated exactly as it is registered with the Secretary of State. Please note, for those entities registered with the Secretary of State, the registered name will be the name used by DEEP. This information can be accessed at the Secretary of State's database (CONCORD) at portal.ct.gov/SOTS. • If an applicant is an individual, provide the legal name (include suffix) in the following format: First Name; Middle Initial; Last Name; Suffix (Jr, Sr., II, III, etc.). • Once an authorization has been received, if there are any changes or corrections to your company/facility or individual mailing or billing address or contact information, please complete and submit the Request to Change Company/Individual Information to the address indicated on the form. 1. Applicant/Registrant* Information Name: Mr. David Kucher Mailing Address: 15 Seabreeze Place City/Town: Norwalk State: CT Zip Code: 06854 Business Phone: 914-714-2782 Ext.: Contact Person: Phone: Ext: † E-mail Address : dkucher@sascoriver.com † Email is Required. By providing this e-mail address you are agreeing to receive official correspondence from DEEP, at this electronic address, concerning the subject application. Please remember to check your security settings to be sure you can receive e-mails from “ct.gov” addresses. Also, please notify DEEP if your e-mail address changes. If co-applicant(s), check this box and attach co-applicant information as Attachment B following this form. a) Applicant Type (check one): individual federal agency state agency municipality tribal business entity (if a business entity, complete i through iii below): i) business type: corporation limited liability company limited partnership limited liability partnership statutory trust Other: ii) provide Secretary of the State business ID #: This information can be accessed at database (CONCORD): portal.ct.gov/SOTS iii) check here if your business is NOT registered with the Secretary of State’s Office. *For processing purposes, the terms Application and Applicant are synonymous with the terms Registration and Registrant. DEEP-LWRD-APP-001 Page 3 of 6 Rev. 10/01/19 Page 11 of 63 Part III: Applicant Information (continued) b) Applicant’s interest in property at which the proposed activity is located: site owner option holder lessee facility owner easement holder operator other (specify): 2. List billing contact, if different than the applicant: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: Ext.: Contact Person: Title: E-mail: 3. Primary contact for departmental correspondence and inquiries if different than applicant: Name: Mr. John Hilts Mailing Address: Post Office Box 47 City/Town: Rowayton State: CT Zip Code: 06853-0047 Business Phone: 475-441-1244 Ext.: Contact Person: Title: E-mail: mrhilts@erols.com 4. Site/Property Owner*, if different than applicant: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: Ext.: Contact Person: Title: E-mail: *If the applicant is not the owner, submit written permission from the owner as Attachment C 5. Facility Owner, if different than applicant: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: Ext.: Contact Person: Title: E-mail: 6. Facility Operator, if different than applicant: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: Ext.: Contact Person: Title: E-mail: DEEP-LWRD-APP-001 Page 4 of 6 Rev. 10/01/19 Page 12 of 63 Part III: Applicant Information (continued) 7. Attorney or other representative, if applicable. Firm Name: Mailing Address: City/Town: State: Zip Code: Business Phone: Ext.: Attorney: Title: E-mail: 8. Engineer(s), surveyor(s) and/or other consultant(s) employed or retained to assist in preparing the application and designing or constructing the activity. Name: Mailing Address: City/Town: State: Zip Code: Business Phone: Ext.: Contact Person: Title: E-mail: Service Provided: Part IV: Pre-Application Coordination If pre-application coordination occurred, provide DEEP LWRD staff contact information: Staff Name: Ms. Susan Jacobson Date: 7/02/25 Part V: Supporting Documents As applicable, check the box by the attachments listed to indicate that they have been submitted. When submitting any supporting documents, please label the documents as indicated in this part (e.g., Attachment A, etc.) and be sure to include the applicant's name as indicated on this application form. Attach the materials below following this transmittal form. Attachment A Structures, Dredging and Fill fee calculation worksheet (if applicable) Attachment B Co-applicant information sheet (if applicable) Attachment C Written permission from land owner (if applicant is not the owner) Attachment D Additional signature sheet (if applicable) DEEP-LWRD-APP-001 Page 5 of 6 Rev. 10/01/19 Page 13 of 63 15 July 2025 Page 14 of 63  LWRD License Application Form D Certificate of Permission 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): 202505496 Applicant Name (same name used on Part III of the LWRD Transmittal Form): Mr. David Kucher Part I: 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 VII for further guidance). Attachments: 20 NDDB 23 Fisheries (dredging project only) 21 Wildlife- osprey 24 Aquaculture (dredging projects only) 22 Dredging Projects Part II: Notifications If your town has a Harbor Management Commission, submit a copy of this completed application by certified mail to the Commission and submit the certified mail receipt as Attachment 6 following this form. Part III: Site and Resource Information 1. SITE ADDRESS Address: 15 Seabreeze Place City/Town: Norwalk State: CT 06854 Zip Code: DEEP-LWRD-APP-001D Page 1 of 9 Rev. 10/01/19 Page 15 of 63 Part III: Site and Resource Information (continued) 2. MUNICIPAL ZONING Is the proposed work consistent with municipal zoning requirements? Yes No If no, explain: 3. WATERBODY/WATERCOURSES/WETLANDS List names of all waters impacted by the proposed activity: Norwalk Harbor 4. INDIAN LANDS Is the activity that is the subject of this application located on federally recognized Indian lands? Yes No 5. AQUIFER PROTECTION AREAS Is the site located within a mapped Level A or Level B Aquifer Protection Area, as defined in CGS section 22a-354a through 22a-354bb? Yes No If yes, check one: Level A or Level B 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/aquiferprotection. See LWRD Application Instructions for further guidance. 6. CONSERVATION OR PRESERVATION RESTRICTIONS Will the activity which is the subject of this application be located within a conservation or preservation restriction area? 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. 7. 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/Permit/COP Date Name of Permittee/ Brief Description of Authorization Number Issued Certificate Holder Work Authorized and Name of Agency No. 201000874-SJ 2010 Richard Scalise, Jr. Pier, pierhead & boat lift 8. SOIL AND/OR GROUNDWATER REMEDIATION Does the site work include soil and/or groundwater remediation? Yes 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. DEEP-LWRD-APP-001D Page 2 of 9 Rev. 10/01/19 Page 16 of 63 Part III: Site and Resource Information (continued) 9. ENFORCEMENT HISTORY Is 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 #: DEEP Division/Program: DEEP Staff Contact: If the property was the subject of any historical enforcement actions known to the applicant, explain: 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. 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, refer to USACE Tidal Flood Profiles: CJL = +5.4' MHW = +3.3' MLW = -3.7' HTL = +4.7' *The HTL is necessary for USACE jurisdiction and required as part of the USACE application. DEEP-LWRD-APP-001D Page 3 of 9 Rev. 10/01/19 Page 17 of 63 Part III: 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 Describe Impacts Permanent Temporary Mitigation impact impact Beaches/Dunes below HTL below CJL Tidal Wetlands Nearshore waters 160 s.f. Floating dock - can be removed Resource Type Describe Impacts (temporary and permanent) Benthic Habitat Avoid impacts by means of float stops. Intertidal Flats Avoid impacts by means of float stops. Submerged Aquatic Vegetation (SAV) Rocky Shorefront Finfish None. Wildlife None Shellfish Areas Avoid impacts by means of float stops. Coastal Hazard No increase in risks to life or property. Area Bluffs/Escarpments Islands Coastal Flooding No increase in risks associated with flooding. Water Circulation None. Patterns Drainage Patterns None. Visual Quality None. Water Quality None. DEEP-LWRD-APP-001D Page 4 of 9 Rev. 10/01/19 Page 18 of 63 Part IV: Project Information 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. The site contains a pre-1980 seawall, a piling-supported timber pier, pierhead, and boat lift. 2a. 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. Remove a 14.5' long section of the 4' wide timber pier, the 7' by 14' pierhead, the unauthorized 3' by 10' - 09" extension of the pier head, the unauthorized 10' - 09" by 12' - 02" timber platform atop the boat lift, and the boat lift. Install a 32" by 25' aluminum ramp, 8' by 20' timber floating dock, two timber float anchor pilings, two timber float stop pilings, and four 3" by 8" timber float stops. 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). Equipment and materials (lumber, pilings, aluminum ramp and floating dock) will be brought to the site by barge. The pier section, pierhead, platfform and boat lift will be hoisted by barge-borne derrick, placed aboard the barge, and off-loaded at the contractor's yard for disposal. The new ramp hinge will be mounted to the terminus of the shortened pier. Timber pilings for anchoring and supporting the floating dock will be driven by barge-borne derrick using a vibratory hammer. Workers operating from work floats will install the float stops. The floating dock and aluminum ramp will be installed, and the barge will demobilize via the adjacent waterway upon completion of work. c. Describe any erosion and sedimentation 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. The barge will access the site on a coming tide of sufficient depth to avoid grounding, and will withdraw to deeper waters on the outgoing tide. d. Anticipated date of project initiation: Winter 2025/2026 Indicate the length of time needed to complete the project and identify any anticipated time restrictions: One week. No time restrictions are anticipated. 3. 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 should be no adverse impacts associated with the proposed work. 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 Public access Shared residential boating access Infrastructure improvement Other – explain: DEEP-LWRD-APP-001D Page 5 of 9 Rev. 10/01/19 Page 19 of 63 Part IV: Project Information (continued) 5. If the site is a marina or yacht club, provide the following: 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. c. 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 applicable services provided: boat repair/maintenance winter storage gas/fuel hook-up electric hook-up fishing amenities boating and/or equipment sales 6. If local/municipal review has or will require a Coastal Site Plan Review for activities at this site, please explain the associated upland work. 7. If modifications are proposed to a pre-1995 flood and erosion control structure (FECS), please confirm: N/A Confirm FECS modifications will not support an increase in upland fill If FECS consists of riprap or revetment, no more than 10% volume of new stone is proposed No more than 12”-18” of new waterward encroachment for bulkhead replacement/repair with appropriate justification for the encroachment in Item 3, above. New encroachment should be measured from the outermost bulkhead whaler or piling. 8. Check here if the proposed work is related to a pre-1939, pre-1987 (installed above MHW), and/or pre- 1995 structure, and provide photographs, including dates, to document the date of installation as Attachment 11 following this form. Part V: Engineering Support Documentation and Certification Certain types of projects require documentation of engineering design. If you answer yes to questions 1 or 2 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? Yes No 2. Is the proposed activity located in a FEMA flood zone? Yes No a. If yes, indicate the type of zone: Floodway Riverine Floodplain New Engineered Structure in Coastal Floodplain b. If yes, provide documentation in the Engineering Report to demonstrate that the relevant hydraulic analysis has been found to be in compliance with FEMA’s National Flood Insurance Program requirements and the local flood ordinance for the municipality. c. For activity in a Floodway, the Engineering Report must include a copy of a No-Rise Certification signed by a registered professional engineer. The No-rise Certification 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) 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. DEEP-LWRD-APP-001D Page 6 of 9 Rev. 10/01/19 Page 20 of 63 Part VI: Certificate of Permission Eligibility Check all applicable boxes to confirm eligibility. Pursuant to Connecticut General Statutes (CGS) Section 22a-363b(a) and (b): Previously Authorized Structures or Activities 1. Substantial maintenance or repair of existing structures, fill, obstructions or encroachments authorized pursuant to CGS section 22a-33 or 22a-361. 2. Maintenance dredging of areas which have been dredged and continuously maintained and serviceable as authorized pursuant to section 22a-33 or 22a-361. 3. Activities allowed pursuant to a perimeter permit and requiring authorization by the Commissioner of the Department of Energy & Environmental Protection. 4. Minor alterations or amendments to permitted activities consistent with the original permit. 5. Placement or reconfiguration of piers, floats, docks, and moorings within existing waterward boundaries of recreational marinas or yacht clubs which have been authorized pursuant to CGS section 22a-33 or 22a- 361. Pre-1995 Structures or Activities 6. Retention of activities completed prior to January 1, 1995. 7. Minor alterations to activities completed prior to January 1, 1995. 8. Substantial maintenance of any structures, fill, obstructions or encroachments in place prior to January 1, 1995, and continuously maintained and serviceable since such time. Pre-1987 Structures 9. Substantial maintenance or repair of structures, fill, obstructions or encroachments placed landward of the mean high waterline and waterward of the coastal jurisdiction line, completed prior to October 1, 1987, and continuously maintained and serviceable since said date. Other Activities 10. The removal of derelict structures or vessels. 11. Placement of temporary structures for water-dependent uses as defined in CGS section 22a-93. 12. Open water marsh management, tidal wetland restoration, resource restoration or enhancement activity, as defined in subsection (a) of section 22a-361, including beach nourishment, and conservation activities undertaken by or under the supervision of the Department of Energy & Environmental Protection. Pursuant to CGS Sec. 22a-363h: 13. Living shoreline projects with consent from LWRD staff. DEEP-LWRD-APP-001D Page 7 of 9 Rev. 10/01/19 Page 21 of 63 Part VII: Supporting Documents The following attachments correspond to Form D. 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 6, 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 I.D. Attachment Description Attachment 6 Harbor Management Notification If your town has a Harbor Management Commission, submit the certified mail receipt as proof that this completed application was sent by certified mail to the Commission. Attachment 8 Conservation or Preservation Restriction Information, if applicable. Attachment 9 Remediation Documentation, if applicable. Attachment 10 Photographs showing existing conditions of the site REQUIRED Attachment 11 Photographic Documentation of pre 1939, pre-1987 (above MHW) and/or pre-1995 installation. Attachment 14 Project Plans, use Project Plan Checklist for requirements REQUIRED Attachment 18 Engineering Report Cover Sheet (DEEP-LWRD-APP-001R) Attachment 20 Natural Diversity Data Base (NDDB) If the proposed activity is within an NDDB area, complete and submit a Request for NDDB 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. Be aware that you must renew your NDDB Determination if it expires before project work commences. Attachment 21 DEEP Wildlife Division – Osprey Consultation If the proposed activity will occur within 300 feet of an osprey platform, please note that work st st 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://www.google.com/maps/d/viewer?mid=1GyxnB- UAGxmseIecH9Zj4UdH1ug&usp=sharing or https://www.ctaudubon.org/citizen-science. DEEP-LWRD-APP-001D Page 8 of 9 Rev. 10/01/19 Page 22 of 63 Part VI: Supporting Documents (continued) Attachment 22 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. Attachment 23 Fisheries Consultation Form If your project involves maintenance dredging, submit a completed Fisheries Consultation Form (DEEP-FISH-APP-007). Attachment 24 Department of Agriculture/Bureau of Aquaculture Consultation If your project involves maintenance dredging, submit a completed Department of Agriculture/Bureau of Aquaculture Consultation Form. Consultation is not required for towns north of: Orange and Derby/Ansonia on the Housatonic River system; Lyme and Essex on the Connecticut River; and Norwich and Preston on the Thames River. Attachment 41 Applicant Compliance Information Form (DEEP-APP-002) REQUIRED Attachment 42 Applicant Background Information Form (DEEP-APP-008) REQUIRED Attachment 43 Other Information: Any other applicable information the applicant deems relevant or is required by DEEP. DEEP-LWRD-APP-001D Page 9 of 9 Rev. 10/01/19 Page 23 of 63  MR. DAVID KUCHER 15 SEABREEZE PLACE, NORWALK, CT CERTIFICATE OF PERMISSION APPLICATION - ATTACHMENT 10 – SITE PHOTOGRAPHS 1. VIEW FROM ATOP SEAWALL LOOKING SOUTHEAST TOWARDS PIER TO BE MODIFIED. NOTE EXTENT OF INTERTIDAL WETLAND VEGETATION. 2. VIEW LOOKING NORTH TOWARDS PIERHEAD AND BOAT LIFT. NOTE UNAUTHORIZED PLATFORM ATOP BOAT LIFT, LIMIT OF TIDAL WETLAND VEGETATION, AND TYPE OF SUBSTRATE BELOW. Page 24 of 63  MR. DAVID KUCHER 15 SEABREEZE PLACE, NORWALK, CT CERTIFICATE OF PERMISSION APPLICATION - ATTACHMENT 10 – SITE PHOTOGRAPHS 3. VIEW LOOKING LANDWARD FROM WATERWARD TERMINUS OF UNAUTHORIZED PLATFORM ATOP BOAT LIFT. NOTE UNAUTHORIZED EXTENSION OF PIERHEAD BETWEEN BOAT LIFT PILINGS. 4. VIEW FROM APPLICANT’S UPLAND LOOKING WATERWARD TOWARDS PIER TO BE MODIFIED. NOTE EXTENT OF INTERTIDAL WETLAND VEGETATION AND DISTANCE TO CHANNEL IN NORWALK HARBOR. Page 25 of 63  VICINITY MAP FROM U.S.G.S. NORWALK SOUTH QUADRANGLE MAP SCALE: 1:24000 PURPOSE: SMALL CRAFT LAUNCHING AND LANDING PROPOSED REPLACEMENT OF AUTHORIZED PIER, PIERHEAD AND BOATLIFT IN DATUM: NORTH AMERICAN VERTICAL DATUM OF 1988 NORWALK HARBOR AT 15 SEABREEZE PLACE, NORWALK, FAIRFIELD COUNTY, CT ADJACENT PROPERTY OWNERS: JOHN SEIBERT, CITY OF NORWALK A P P L I C A N T : M R . D A V I D K U C H E R APPLICATION PREPARED BY: JOHN HILTS, P.O. BOX 47, ROWAYTON, CT 0 6 8 5 3 DATE: 7/08/25 SHEET 1 OF 4 REVISION NO. DATE: Page 26 of 63  A S S E S S O R ' S M A P FROM NORWALK ASSESSOR'S MAP 16SE BLOCK 90 PARCEL 96 PURPOSE: SMALL CRAFT LAUNCHING AND LANDING PROPOSED REPLACEMENT OF AUTHORIZED PIER, PIERHEAD AND BOATLIFT IN DATUM: NORTH AMERICAN VERTICAL DATUM OF 1988 NORWALK HARBOR AT 15 SEABREEZE PLACE, NORWALK, FAIRFIELD COUNTY, CT ADJACENT PROPERTY OWNERS: JOHN SEIBERT, CITY OF NORWALK A P P L I C A N T : M R . D A V I D K U C H E R APPLICATION PREPARED BY: JOHN HILTS, P.O. BOX 47, ROWAYTON, CT 0 6 8 5 3 DATE: 7/08/25 SHEET 2 OF 4 REVISION NO. DATE: Page 27 of 63  E X I S T I N G D E T A I L P L A N V I E W S C A L E : 1 " = 2 0 ' 20' 0' 20' N NOTES: O "ESTUARINE 1. PREPARED FROM AN A2/T2 SURVEY R EMBAYMENT" DATED JUNE 6, 2009 BY BLACK ROCK W SURVEYORS AND A FIELD INSPECTION ON A F JUNE 8, 2025. MUD "SHELLFISH L L 2. COASTAL JURISDICTION LIMIT (EL. +5.4'), CONCENTRATION AREA" O K HIGH TIDE LINE (EL. +4.7'), AND MEAN HIGH E O WATER LINE (EL. +3.3'), ARE COINCIDENT B APPROX. WATERWARD LIMIT B D WITH FACE OF SEAWALL. OF SPARTINA ALTERNIFLORA H 3. MEAN LOW WATER LINE (EL. -3.7') IS A APPROXIMATELY 250' BEYOND SEAWALL. MUD "INTERTIDAL R 4. REFER TO PERMIT NO. 201000874-SJ FOR FLATS" PIER, PIERHEAD AND BOATLIFT. B 5. ALL DRAWINGS ARE INTENDED FOR REGULATORY REVIEW ONLY. O 10' - 09" 10' - 09" BY 12' - 02" TIMBER PLATFORM R (UNAUTHORIZED) ON ELEVATOR LIFT 3' BY 10' - 09" TIMBER EXTENSION (UNAUTHORIZED) AT PIERHEAD 3' 8' 15' - 02" SPARTINA ALTERNIFLORA 14' 7' ELEVATOR LIFT AS AUTHORIZED BY PERMIT NO. 201000874-SJ 4' WIDE PILING-SUPPORTED TIMBER PIER WITH 7' BY 14' PIERHEAD 59' DECK MUD PROPERTY LINE TIMBER DWELLING PROPERTY OF DECK DAVID KUCHER "TIDAL 15 SEABREEZE PLACE WETLAND" DECK CONCRETE AND STONE SEAWALL SPARTINA ALTERNIFLORA "COASTAL 'FLOOD' HAZARD AREA" PROPERTY LINE PROPERTY N/F OF JOHN SEIBERT SEABREEZE PLACE ©2025 JOHN HILTS. ALL RIGHTS RESERVED. PURPOSE: SMALL CRAFT LAUNCHING AND LANDING PROPOSED REPLACEMENT OF AUTHORIZED PIER, PIERHEAD AND BOATLIFT IN DATUM: NORTH AMERICAN VERTICAL DATUM OF 1988 NORWALK HARBOR AT 15 SEABREEZE PLACE, NORWALK, FAIRFIELD COUNTY, CT ADJACENT PROPERTY OWNERS: JOHN SEIBERT, CITY OF NORWALK A P P L I C A N T : M R . D A V I D K U C H E R APPLICATION PREPARED BY: JOHN HILTS, P.O. BOX 47, ROWAYTON, CT 0 6 8 5 3 DATE: 7/08/25 SHEET 3 OF 4 REVISION NO. DATE: Page 28 of 63  P R O P O S E D D E T A I L P L A N V I E W S C A L E : 1 " = 2 0 ' ©2025 JOHN HILTS. ALL RIGHTS RESERVED. 20' 0' 20' N O R W F A L L O K O D MUD NOTES: E B H 1. COASTAL JURISDICTION LIMIT (EL. +5.4'), B A HIGH TIDE LINE (EL. +4.7'), AND MEAN HIGH R WATER LINE (EL. +3.3'), ARE COINCIDENT B MUD WITH FACE OF SEAWALL. O APPROX. WATERWARD LIMIT 2. MEAN LOW WATER LINE (EL. -3.7') IS OF SPARTINA ALTERNIFLORA R APPROXIMATELY 250' BEYOND SEAWALL. 3. ALL DRAWINGS ARE INTENDED FOR TIMBER FLOAT STOPS REGULATORY REVIEW ONLY. ON PILINGS - 2 PLACES 8' WIDE BY 20' LONG TIMBER FLOAT ANCHOR TIMBER FLOATING DOCK PILINGS - 2 TOTAL SPARTINA ALTERNIFLORA 8' 32" WIDE BY 25' LONG ALUMINUM RAMP CONCRETE AND STONE SEAWALL 4' WIDE BY 37.5' LONG PILING -SUPPORTED TIMBER PIER 59' DECK MUD PROPERTY LINE TIMBER DWELLING SPARTINA PROPERTY OF DECK ALTERNIFLORA DAVID KUCHER 15 SEABREEZE PLACE DECK PROPOSED NORTH ELEVATION S C A L E : 1 " = 2 0 ' 20' 0' 20' 67' 8' 21.5' 37.5' TIMBER FLOAT ANCHOR PILINGS - 2 TOTAL 32" WIDE ALUMINUM RAMP 4' WIDE TIMBER PIER TOP OF DECK EL. +10.8' 25' 4' WIDE TIMBER STEPS H.T.L. EL. +4.7' C.J.L. EL. +5.4' SEAWALL M.H.W. EL. +3.3' 8' BY 20' TIMBER FLOATING DOCK MUD SPARTINA ALTERNIFLORA M.L.W. EL. -3.7' TIMBER FLOAT STOP PILINGS - 2 TOTAL 18" 3" X 8" TIMBER FLOAT STOPS BOLTED TO PILINGS PURPOSE: SMALL CRAFT LAUNCHING AND LANDING PROPOSED REPLACEMENT OF AUTHORIZED PIER, PIERHEAD AND BOATLIFT IN DATUM: NORTH AMERICAN VERTICAL DATUM OF 1988 NORWALK HARBOR AT 15 SEABREEZE PLACE, NORWALK, FAIRFIELD COUNTY, CT ADJACENT PROPERTY OWNERS: JOHN SEIBERT, CITY OF NORWALK A P P L I C A N T : M R . D A V I D K U C H E R APPLICATION PREPARED BY: JOHN HILTS, P.O. BOX 47, ROWAYTON, CT 0 6 8 5 3 DATE: 7/08/25 SHEET 4 OF 4 REVISION NO. DATE: Page 29 of 63 Page 30 of 63  CPPU USE ONLY App #:____________________________ Doc #:____________________________ Check #: No fee required Program: Natural Diversity Database Endangered Species Hardcopy _____ Electronic _____ Request for Natural Diversity Data Base (NDDB) State Listed Species Review This form was auto-populated with information provided through the DEEP ezFile portal NDDB review application. There are no fees associated with NDDB Reviews. Part I: Preliminary Screening & Request Type Before submitting this request, you must review the most current Natural Diversity Data Base “State and Federal Listed Species and Significant Natural Communities Maps” found on the DEEP website. These maps are updated twice a year, usually in June and December. This form is being submitted for a: ☒ New NDDB request ☐ New Safe Harbor Determination; must be associated with ☐ Renewal of a NDDB Request without an application for a GP for the Discharge of Stormwater modifications and within two years of issued and Dewatering Wastewaters from Construction Activities NDDB determination (no attachments (Attachment D of this form is required) required) ☐ Renewal/Extension of an existing Safe Harbor Determination ☐ With modifications [CPPU Use Only - NDDB-Listed Species Determination # ☐ Without modifications (no attachments required) 1736] [CPPU Use Only - NDDB-Safe Harbor Determination # 1736] Enter NDDB Determination Number for Renewal: Enter Safe Harbor Determination Number for Renewal/Extension: 1. Does your project utilize federal funds or require a federal permit? ☒ Yes ☐ No If yes, your project may be subject to Federal rules regarding the Northern long-eared bats or other federally listed species. Information on the Northern long-eared bat and the 4-D rule may be found at: http://www.fws.gov/midwest/endangered/mammals/nleb/ Information on other federally listed species and Section 7 consultations may be found at: https://www.fws.gov/newengland/EndangeredSpec-Consultation.htm Page 1 of 8 Page 31 of 63 2. Does your project utilize state funding, involve state agency actions, or relate to a CEPA request? ☐ Yes ☒ No 3. Does your project require state permits, licenses, registrations or authorizations? ☒ Yes ☐ No If yes, list permit type(s): Coastal Permit or Authorization If an active enforcement action exists regarding this project, enter number: If known, enter DEEP analysts reviewing this project: Ms. Emily Herz II: Requester Information *If the requester is a corporation, limited liability company, limited partnership, limited liability partnership, or a statutory trust, it must be registered with the Secretary of the State. If applicable, the name shall be stated exactly as it is registered with the Secretary of the State. Please note, for those entities registered with the Secretary of the State, the registered name will be the name used by DEEP. This information can be accessed at the Secretary of the State’s Business Records Search. (https://service.ct.gov/business/s/onlinebusinesssearch) If the requester is an individual, provide the legal name (include suffix) in the following format: First Name; Middle Initial; Last Name; Suffix (Jr, Sr., II, III, etc.). If there are any changes or corrections to your company/facility or individual mailing or billing address or contact information, please complete and submit the Request to Change company/Individual Information to the address indicated on the form. 1. Requester* Company Name: HILTS JOHN Contact Name: . Address: PO BOX 47 City/Town: NORWALK State: CT Zip Code: 06853 Business Phone: 4754411244 Ext: **E-mail: mrhilts@erols.com **By providing this email address you are agreeing to receive official correspondence from the department, at this electronic address, concerning this request. Please remember to check your security settings to be sure you can receive emails from “ct.gov” addresses. Also, please notify the department if your e-mail address changes a) Requester can best be described as: ☒ Individual ☐ Federal Agency ☐ State agency ☐ Municipality ☐ Tribal ☐ *business entity (* if a business entity complete i through iii): i) Check type ☐ corporation ☐ limited liability company ☐ limited partnership ☐ limited liability partnership Page 2 of 8 Page 32 of 63  ☐ statutory trust ☐ Other: ii) Provide Secretary of the State Business ID #: This information can be accessed at the Secretary of the State’s Business Records Search (https://service.ct.gov/business/s/onlinebusinesssearch) iii) ☒ Check here if your business is NOT registered with the Secretary of the State’s office. b) Acting as (Affiliation), pick one: ☐ Property owner ☐ Consultant ☐ Engineer ☐ Facility owner ☒ Applicant ☐ Biologist ☐ Pesticide Applicator ☐ Other representative: Part III: Site Information This request can only be completed for one site. A separate request must be filed for each additional site. SITE NAME AND LOCATION Project Name (for use in correspondence): David Kucher Dock Modification If your Project site has a street address, please enter below: Street Address: 15 Seabreeze Pl Town(s): Norwalk If your Project has no street address, please enter a description of the site location: Location Description: Town(s): Size in acres, or site dimensions: 0.01 Describe existing land conditions: Part IV: Project Information Page 3 of 8 Page 33 of 63 1. Project Type: Choose Project Category: Construction, Development Choose Project Type: Docks/Piers/Boat Launches and Aquaculture Choose Project Subtype: In-water structures only (docks,boat launches, aquaculture) 2. Brief Project Description: 3. Provide a schedule for all phases of the project including the year, the month that the proposed activity will be initiated and the duration of the activity. 4. Is the subject activity limited to the maintenance, repair, or improvement of an existing structure within the existing footprint? ☐ Yes ☐ No If yes, add explanation in No. 4 below. 5. Give a detailed description of the activity which is the subject of this request and describe the methods and equipment that will be used. Include a description of steps that will be taken to minimize impacts to any known listed species. 6. If this is a renewal or extension of an existing Safe Harbor request with modifications, explain what about the project has changed. Page 4 of 8 Page 34 of 63 Part VI: Supporting Documents Check each attachment submitted as verification that all applicable attachments have been supplied with this request form. Label each attachment as indicated in this part (e.g., Attachment A, etc.) and be sure to include the requester’s name, site name and the date. Please note that Attachments A and B are required for all new requests. Attachment C is required for requests associated with: new state or federal permit applications, modifications of existing permits, permit enforcement actions, site management/planning that requires details species recommendations, and state funded projects, state agency activities, and CEPA requests. Renewals/Extensions with no modifications do not need to submit any attachments. Attachments C and D are supplied at the end of this form. ☒ Attachment A: Project Detail Map: an 8 1/2” X 11” print/copy of the relevant portion of a USGS Topographic Quadrangle Map clearly indicating the exact location of the site. GIS file (for uploaded GIS polygons): fine scaled map showing site boundary and ☒ Attachment B: area of work details on aerial imagery with relevant landmarks labeled. (Site and work boundaries in GIS [ESRI ArcView shapefile, in NAD83, State Plane, feet] format can be substituted for detailed maps, see instruction document) ☒ Attachment C: Supplemental Information (attached, DEEP-APP-007C): Site plans, photographs and biological reports ☐ Attachment D: Safe Harbor Report Requirements (attached, DEEP-APP-007D) Page 5 of 8 Page 35 of 63 Part VII: Requester Certification The requester and the individual(s) responsible for actually preparing the request must sign this part. A request will be considered incomplete unless all required signatures are provided. “I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and I certify that based on reasonable investigation, including my inquiry of the individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief.” Hilts John 7/15/2025 Signature of Preparer (a typed name will substitute for a Date handwritten signature) Hilts John Name of Preparer (print or type) Title (if applicable) Signature of Preparer (if different than above) Date Name of Preparer (print or type) Title (if applicable) Note: Please submit the completed Request Form and all Supporting Documents to: CENTRAL PERMIT PROCESSING UNIT DEPARTMENT OF ENERGY & ENVIRONMENTAL PROTECTION 79 ELM STREET HARTFORD, CT 06106-5127 Or email request to: deep.nddbrequest@ct.gov Page 6 of 8 Page 36 of 63 Attachment C: Supplemental Information and Attachments 1. Existing & Proposed Conditions If available provide site plans, drawings or imagery showing existing conditions and proposed changes. If not available, describe all natural and man-made features including wetlands, watercourses with direction of flow, fish and wildlife habitat, floodplains and any existing structures potentially affected by the subject activity. Such features should be depicted and labeled on the site plan. ☐ Annotated Site Plan(s) attached 2. Photographs depicting site conditions can be helpful to reviewers. Provide and label photographs, if available. ☐ Site Photographs (optional) attached 3. Biological Surveys Has a biologist visited the site and conducted a biological survey to determine the presence of any endangered, threatened or special concern species ☐ Yes ☐ No If yes, submit any reports of biological surveys, documentation of the biologist’s qualifications, and any NDDB survey forms. Reports should include biologist(s) name, habitat and/or species targeted by survey, plant and animal species observed, dates when surveys were conducted. ☐ Reports of biological surveys attached ☐ Documentation of biologist’s qualifications attached ☐ NDDB Survey forms for any listed species observations attached Attachment D: Safe Harbor Report Requirements Submit a report, as Attachment D, that synthesizes and analyzes the information listed below. Those providing synthesis and analysis need appropriate qualifications and experience. A request for a safe harbor determination shall include: 1. Habitat Description and Map(s), including GIS mapping overlays, of a scale appropriate for the site, identifying: • wetlands, including wetland cover types; • plant community types; Page 7 of 8 Page 37 of 63  • topography; • soils; • bedrock geology; • floodplains, if any; • land use history; and • water quality classifications/criteria. 2. Photographs - The report should include photographs of the site taken from the ground and also all reasonably available aerial or satellite photographs and an analysis of such photographs. 3. Inspection - A visual inspection(s) of the site should be conducted, preferably when the ground is visible, and described in the report. This inspection can be helpful in confirming or further evaluating the items noted above. 4. Biological Surveys - The report should include all biological surveys of the site where construction activity will take place that are reasonably available to a registrant. A registrant shall notify the Department’s Wildlife Division of biological studies of the site where construction activity will take place that a registrant is aware of but are not reasonably available to the registrant. 5. Based on items #1 through 4 above, the report shall include a Natural Resources Inventory of the site of the construction activity. This inventory should also include a review of reasonably available scientific literature and any recommendations for minimizing adverse impacts from the proposed construction activity on listed species or their associated habitat. 6. In addition, to the extent the following is available at the time a safe harbor determination is requested, a request for a safe harbor determination shall include and assess: • Information on Site Disturbance Estimates/Site Alteration information • Vehicular Use • Construction Activity Phasing Schedules, if any; and • Alteration of Drainage Patterns Page 8 of 8 Page 38 of 63 Generated by eNDDB on: 7/15/2025 John Hilts HILTS PO BOX 47 NORWALK, CT 06853 mrhilts@erols.com Subject: Filing # 129669 David Kucher Dock Modification NDDB – New Determination Number: 202505301 15 Seabreeze Pl Norwalk Expiration Date: 7/15/2027 Based on current data maintained by the Natural Diversity Database (NDDB) and housed in the DEEP ezFile portal, negative impacts to populations of Federal or State Endangered, Threatened, or Special Concern species (RCSA Sec. 26-306) are not anticipated from the proposed Docks/Piers/Boat Launches and Aquaculture / In-water structures only (docks,boat launches, aquaculture), David Kucher Dock Modification. This NDDB – New determination may be utilized to fulfill the Endangered and Threatened Species requirements for state-issued permit applications, licenses, registration submissions, and authorizations. However, please be aware of the following limitations and conditions: • This determination does not preclude the possibility that listed species may be encountered on site. Should this occur, a report must be submitted to the Natural Diversity Database promptly and additional action may be necessary to remain in compliance with certain state permits. Please fill out the appropriate survey form and follow the instructions for submittal. • If your project involves preparing an Environmental Impact Assessment, this NDDB consultation and determination should not be substituted for conducting biological field surveys assessing on-site habitat and species presence. • This determination applies only to the project as described in the submission and summarized at the end of this letter. Please re-submit an updated Request for Review if the project’s scope of work and/or timeframe changes, including if work has not begun by 7/15/2027. The NDDB – New determination for the David Kucher Dock Modification at 15 Seabreeze Pl, Norwalk as described in the submitted information and summarized at the end of this document is valid for two years from the date on this letter. Page 39 of 63 Natural Diversity Database information includes all information regarding listed species available to us at the time of the request. This information is a compilation of data collected over the years by the Department of Energy and Environmental Protection’s Natural History Survey and cooperating units of DEEP, land owners, private conservation groups and the scientific community. This information is not necessarily the result of comprehensive or site-specific field investigations. Current research projects and new contributors continue to identify additional populations of species and locations of habitats of concern, as well as, enhance existing data. Such new information is incorporated into the Database and accessed through the ezFile portal as it becomes available. This letter is computer generated and carries no signature. If however, any clarification is needed, or if you have further questions, please contact the following: CT DEEP Bureau of Natural Resources Wildlife Division Natural Diversity Database 79 Elm Street, 6th floor Hartford, CT 06106-5127 (860) 424-3011 deep.nddbrequest@ct.gov Please reference the Determination Number provided in this letter when you e-mail or write. Thank you for submitting your project through DEEP’s ezFile portal for Natural Diversity Database reviews. Page 40 of 63 Application Details: Project involves federal funds or federal permit: Yes Project involves state funds, state agency action, or No relates to CEPA request: Project requires state permit, license, registration, or Yes authorization: DEEP enforcement action related to project: Project Type: Docks/Piers/Boat Launches and Aquaculture Project Sub-type: In-water structures only (docks,boat launches, aquaculture) Project Name: David Kucher Dock Modification Project Description: Page 41 of 63  DEEP ONLY App. No. _____________________________ Applicant Compliance Information Co./Ind. No. ___________________________ Applicant Name: Mr. David Kucher Mailing Address: 15 Seabreeze Place City/Town: Norwalk State: CT Zip Code: 06854 Business Phone: 914-714-2782 ext.: Fax: Contact Person: Phone: ext. *E-mail: dkucher@sascoriver.com If you answer yes to any of the questions below, you must complete the Table of Enforcement Actions on the reverse side of this sheet as directed in the instructions for your permit application. A. During the five years immediately preceding submission of this application, has the applicant been convicted in any jurisdiction of a criminal violation of any environmental law? Yes No B. During the five years immediately preceding submission of this application, has a civil penalty been imposed upon the applicant in any state, including Connecticut, or federal judicial proceeding for any violation of an environmental law? Yes No C. During the five years immediately preceding submission of this application, has a civil penalty exceeding five thousand dollars been imposed on the applicant in any state, including Connecticut, or federal administrative proceeding for any violation of an environmental law? Yes No D. During the five years immediately preceding submission of this application, has any state, including Connecticut, or federal court issued any order or entered any judgement to the applicant concerning a violation of any environmental law? Yes No E. During the five years immediately preceding submission of this application, has any state, including Connecticut, or federal administrative agency issued any order to the applicant concerning a violation of any environmental law? Yes No DEP-APP-002 1 of 2 Rev. 08/08/11 Page 42 of 63  Table of Enforcement Actions (1) (2a) (2b) (4) (3) (5) Type of Action Date Date Jurisdiction Case/Docket/ Description of Violation Commenced Terminated Order No. Page 43 of 63  Applicant Background Information Check the box by the entity which best describes the applicant and complete the requested information. You must choose one of the following: corporation, limited liability company, limited partnership, general partnership, voluntary association and individual or business type. Corporation Check the box if additional sheets are necessary. If so, label and attach additional sheet(s) to this sheet with the required information. 1. Parent Corporation Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: 2. Subsidiary Corporation: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: 3. Directors: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: 4. Officers: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: DEEP-APP-008 1 of 5 Rev. 06/12/12 Page 44 of 63  Applicant Background Information (continued) Limited Liability Company Check the box if additional sheets are necessary. If so, label and attach additional sheet(s) to this sheet with the required information. 1. List each member. Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: 2. List any manager(s) who, through the articles of organization, are vested the management of the business, property and affairs of the limited liability company. Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: DEEP-APP-008 2 of 5 Rev. 06/12/12 Page 45 of 63  Applicant Background Information (continued) Limited Partnership Check the box if additional sheets are necessary. If so, label and attach additional sheet(s) to this sheet with the required information. 1. General Partners: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: 2. Limited Partners: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: DEEP-APP-008 3 of 5 Rev. 06/12/12 Page 46 of 63  Applicant Background Information (continued) General Partnership Check the box if additional sheets are necessary. If so, label and attach additional sheet(s) to this sheet with the required information. 1. General Partners: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: Contact Person: Phone: ext. E-mail: DEEP-APP-008 4 of 5 Rev. 06/12/12 Page 47 of 63  Applicant Background Information (continued) Voluntary Association Check box if additional sheets are necessary. If so, label and attach additional sheet(s) to this sheet with the required information. 1. List authorized persons of association or list all members of association. Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: Name: Mailing Address: City/Town: State: Zip Code: Business Phone: ext.: E-mail: Individual or Other Business Type Check the box, if additional sheets are necessary. If so, label and attach additional sheet(s) to this sheet with the required information. 1. Name: Mr. David Kucher Mailing Address: 15 Seabreeze Place City/Town: Norwalk State: CT Zip Code: 06854 Business Phone: 914-714-2782 ext.: E-mail: dkucher@sascoriver.com 2. State other names by which the applicant is known, including business names. Name: DEEP-APP-008 5 of 5 Rev. 06/12/12 Page 48 of 63 Page 49 of 63 17. DIRECTIONS TO THE SITE I-95 to Exit 15; south on North Main Street to South Main Street; south on South Main Street to Woodward Avenue; south on Woodward Avenue to Baxter Drive; left onto Baxter Drive; east on Baxter Drive to Seabreeze Place; left onto Seabreeze Place; east on Seabreeze Place to number 15 on left; site is at rear of property. 18. Nature of Activity (Description of project, include all features) Remove a 14.5' long section of the 4' wide timber pier, the 7' by 14' pierhead, the unauthorized 3' by 10' - 09" extension of the pier head, the unauthorized 10' - 09" by 12' - 02" timber platform atop the boat lift, and the boat lift. Install a 32" by 25' aluminum ramp, 8' by 20' timber floating dock, two timber float anchor pilings, two timber float stop pilings, and four 3" by 8" timber float stops. Equipment and materials (lumber, pilings, aluminum ramp and floating dock) will be brought to the site by barge. The pier section, pierhead, platfform and boat lift will be hoisted by barge-borne derrick, placed aboard the barge, and off-loaded at the contractor's yard for disposal. The new ramp hinge will be mounted to the terminus of the shortened pier. Timber pilings for anchoring and supporting the floating dock will be driven by barge-borne derrick using a vibratory hammer. Workers operating from work floats will install the float stops. The floating dock and aluminum ramp will be installed, and the barge will demobilize via the adjacent waterway upon completion of work. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Recreational small boat launching and landing. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres or Linear Feet 23. Description of Avoidance, Minimization, and Compensation (see instructions) All work will be performed at times in the tidal cycle necessary to avoid grounding of the barge. ENG FORM 4345, MAY 2018 Page 3 of 2 Page 50 of 63 24. Is Any Portion of the Work Already Complete? Yes No IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list). a. Address- 17 Seabreeze Place City - Norwalk State - CT Zip - 06855 b. Address- City - State - Zip - c. Address- City - State - Zip - d. Address- City - State - Zip - e. Address- City - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. IDENTIFICATION AGENCY TYPE APPROVAL* DATE APPLIED DATE APPROVED DATE DENIED NUMBER CT DEEP/LWRD C.O.P. 202505496 7/23/2025 U -z { )] ( * Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. \� 15 July 2025 2-,� SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. 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