Update from the USACE New England District Leadership

EBC Leadership Webinar Update from the U.S. Army Corps New England District Leadership Welcome

Daniel K. Moon

President & Executive Director Environmental Business Council of New England

Environmental Business Council of New England Energy Environment Economy Thank you to our Sponsors Thank you to our Partners Program Chair & Moderator

Christopher Barron, COL. (RET) USA

Program Chair & Moderator

Senior Consultant GEI Consultants, Inc.

Environmental Business Council of New England Energy Environment Economy Operational Overview of District Office

Colonel John Atilano Scott Acone

Commander and Deputy District Engineer District Engineer Programs & Project Management U.S. Army Corps of Engineers U.S. Army Corps of Engineers New England District New England District

Environmental Business Council of New England Energy Environment Economy 1 US ARMY CORPS OF ENGINEERS, NEW ENGLAND DISTRICT OVERVIEW

237 217 200 80 252 237 217 200 119 174 237 217 200 27 .59

255 0 163 131 239 110 112 62 102 130 255 0 163 132 65 135 92 102 56 120 255 0 163 122 53 120 56 130 48 111

Colonel John A. Atilano II District Commander

27 May 2021

“The views, opinions and findings contained in this report are those of the authors(s) and should not be construed as an official Department of the Army position, policy or decision, unless so designated by other official documentation.”

File Name AGENDA

• The US Army Corps of Engineers • Outlook of our programs... • New England District structure 3 • Civil Works • Emergency Operations • Military Missions • Research & Development • Environmental • Sustainability

Formation of Continental 1824 Congress 1928 Flood USACE civilian Emergency Army June 14 1775; passed act to Control Act in toxic waste Response George Washington improve the response to removal assist appointed the first Chief Mississippi and major floods; EPA Engineer for the Army June Ohio rivers 1936 Flood 16 Control Act – 1980 – EPA 1899 Section 10 declares flood Superfund Rivers & control is an Program Harbors Act appropriate 1812 Ft McHenry Federal Action 1750 1800 1850 1900 1950 2000 2020 Future

1986 WRDA– non- 2018 – $3.7B in July 4, 1776 The Army established Federal Responsibility Emergency Happy Birthday the Corps of Engineers 1970 – Passage Supplemental USA as a separate, of NEPA 2008 Continuing Funding permanent branch on Budget Constraints March 16, 1802 1972 - Section leading Corps to 2018 - Border Wall 404 of the examine Public- Continental Federal Water Private Partnerships 2020 - COVID-19 Army disbanded Pollution 1783; The US Control Act Army formed 1862 Act 1796 Transcontinental Railroad VALUE TO THE NATION

1/4 of Nation’s Hydropower 299 Deep Draft Harbors $500 M + in power sales

11,000 miles of Commercial Inland Waterways: 1/2 the cost of rail - 1/10 the cost of trucks

627 Shallow Draft Harbors Recreation Areas 376M Visitors Annually 8500 Miles of Levees $15 B in economic activity 500,000 jobs Emergency Operations

Environmental Restoration

Stewardship of 11.7 Million Acres of Public Lands

Regulatory Responsibility • US Ports & Waterways convey > 2B Tons Commerce • Foreign Trade alone creates > $160 B Tax Revenues GLOBAL ENGAGEMENT

Northwestern North Division Atlantic ( Portland ) Division ( New York City )

Trans- Atlantic Division ( Winchester, VA ) Pacific Ocean North Division Atlantic ( Honolulu ) Division ( New York City )

South Atlantic Division ( Atlanta )

Physical presence in 34 countries; engagement in 100+ countries DIVISIONS AND DISTRICTS

Seattle

Portland Europe Walla-Walla

Northwestern St. Paul North Division Great Lakes Atlantic New England and Ohio River Division Mississippi Division Buffalo Valley Division Detroit New York

Omaha Sacramento Chicago Philadelphia Pittsburgh Rock Island San Francisco Baltimore South Kansas City Pacific Norfolk Louisville Division St. Louis Huntington

Little Rock Nashville Los Angeles Tulsa Wilmington Memphis Albuquerque Southwestern Charleston Division South Atlantic Savannah Division Vicksburg Jacksonville Far East Fort Worth Mobile Alaska New Orleans

Galveston Division HQ Japan Honolulu District HQ

Pacific Ocean Division NEW ENGLAND DISTRICT OVERVIEW

One of six districts in the • 6 Governors North Atlantic Division that • 12 Senators deliver a broad spectrum of programs/ projects to New • 21 Congressional Districts England and the Nation • 13 million people

• 66,000 square miles • 6,100 miles of coastline St. Croix River Watershed – IJC • 11 deep draft commercial waterways • 13 major river basins Upper • 171 Federal harbors Connecticut • 5 Military Bases

• 490 Employees Merrimack • 31 Dams; 5 Basin Offices • 2 Area Engr, 5 Resident Engr, and 2 Regulatory Offices Lower Connecticut • 3 Hurricane Barriers

Thames • Cape Cod Canal

Cape Cod Canal Fox Point New • ~ 2500 Permits issued annually Naugatuck Bedford

Stamford NAE = EPA = FEMA boundaries USACE MISSION AREAS

Military Missions Contingency Operations

Navigation, Flood Risk Federal / State / Local Management, ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ Disaster Response, Coastal “Whole of USACE” Capabilities Storm Damage Reduction, ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ Hydropower, Water Supply, Capacity Development Regulatory, Recreation, Environmental Restoration

“Whole of Government” Disaster Response and Recovery Military Construction ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ Life-Cycle Flood Risk Management COCOM Support, Overseas ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ Contingency Operations ( OCO ) Critical Infrastructure ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ Installation Support, Environmental, Energy and Sustainability

International and Interagency Civil Works

Real Estate – Acquire, Manage and Dispose / DoD Recruiting Facilities / Contingency Operations

USACE Has a Diverse Mission Set Driven by Diverse Customers PROGRAM TRENDS

FY12 – FY22 600 500

400 IIS 300 Military $ Millions $ 200 Civil Works 100

0 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY 21 Military: $167M Civil Works $160M Numerous Continuing Authorities; Hanscom AFB Boston Harbor Deepening; Muddy Natick SSC IIS: $182M River Phase 2; Portsmouth Harbor; Ft. Devens Boston Metro Investigation Joint Base Cape Cod Westover ARB CRREL Other Districts

EPA – New Bedford Harbor, MA; Raymark, CT; Callahan Mine, ME FDA – Winchester Engineering Lab VA – Boston Campus/West Haven DELIVERING ENGINEERING SOLUTIONS 10

35,683 Employees Perform all “inherently governmental” functions

Critical Technical Resource Perform > 65% of Planning & Design

Unlimited Capability Perform 100% of Civil Works and Military Construction NEW ENGLAND DISTRICT STRUCTURE NAE Structure

Commander COL Atilano

Deputy District Engineer LTC Gillman

Small Business Eva D’Antuono

Programs & Project Engineering Planning Management Division Dave Margolis John Kennelly Scott Acone

Construction Operations Regulatory Sean Dolan Eric Pederson Tammy Turley NAE Structure (cont’d)

Commander

Deputy District Engineer

Real Estate Contracting Resource Management Tim Shuggert Sheila Winston-Vincuilla John Keeler

Counsel Logistics Human Resources Ryan Killman Andrea Clotz Sarah Rudner 14

QUESTIONS? Environmental (HTRW) Program

Gary Morin

Chief, Environmental Project Management Branch U.S. Army Corps of Engineers New England District

Environmental Business Council of New England Energy Environment Economy US ARMY CORPS OF ENGINEERS NEW ENGLAND DISTRICT ENVIRONMENTAL PROGRAMS OVERVIEW

ENVIRONMENTAL BUSINESS COUNCIL OF NEW ENGLAND EBC LEADERSHIP WEBINAR

Gary Morin, P.E. Chief, Environmental Project Management Branch 27 MAY 2021 2 AGENDA • Why “Environmental” is a Managed as a separate Mission/Program at New England District – Environmental Remediation

• Annual Program Amount

• Capabilities – Staff & Contracts

• Review Upcoming Contract Opportunities 3 “TYPICAL” USACE MISSION AREAS Military Missions Contingency Operations

International and Interagency Civil Works Real Estate – Acquire, Manage and Dispose / DoD Recruiting Facilities / Contingency Operations

USACE Has a Diverse Mission Set Driven by Diverse Customers

= Environmental Programs 4

WHAT IS NAE’S ENVIRONMENTAL PROGRAM?

• Supports a Combination of Military & IIES Mission Areas • Remediation/CERCLA or CERCLA like • Such a significant amount of work for the District that it is Managed “Separately” • History Watertown GSA FUDS, MA • CERCLA 1980 & SARA 1986 • Designated Hazardous, Toxic, & Radiological Waste (HTRW) Design Center 1990 • “Cut our Teeth” on FUDS in late1980’s & early 1990’s • Superfund Assistance to EPA Region 1 Grew Significantly in early 1990’s

Elizabeth Mine Superfund Site, VT 5 ENVIRONMENTAL PROGRAMS • Military Funded

• FUDS: Formerly used Defense Sites

• Legacy BRAC

• Joint Base Cape Guard – National Guard Bureau (NGB)

• USACE CRREL, Hanover, NH – Army Environmental Command

GE/Housatonic River Superfund • NGB – CT & NJ Cleanup Compliance Pittsfield, MA • SUPERFUND EPA Region 1: Long standing relationship (late 1980’s). Major Customer. Eng & Construction/Remediation, Technical Support

• FUSRAP (technically Civil Works) Formerly Utilized Sites Remedial Action Program DOE

• Other – AFCEC, Air Guard, etc

MK-23 Cape Pogue FUDS, Martha’s Vineyard 6

NAE Environmental Programs - Annual Program Amount 200

180

160

140

120

100

Millions ($000)Millions 80

0 1 Fiscal Year

FY12 FY13 FY14 FY15 FY16 FY17 FY18 FYF19 FY20 FY21

*Note – New Bedford Harbor Superfund Big Driver in FY17 – FY19 Stratford Army Engine Plant $80M FY21 7

FY21 PLANNED PROGRAM

Program Amount ($000) FUDS $18,300 BRAC *** $89,000 FUSRAP $200 JBCC - NGB $9,900 CRREL - AEC $1,300 Superfund $55,000 Other - AFCEC $500 Total $174,200

~$160M in Contract Awards

*** Stratford Army Engine Plant?? 8 USACE NEW ENGLAND DISTRICT CAPABILITIES

Full-Service Engineering & Construction Organization

Staffed/Resourced to support all aspects of Environmental Remediation from PAs all the way through LTM/O&M – Engineers – Geologists – Risk Assessors – Hydrogeologists – Chemists – Biologists/Ecologists

Small percentage of work completed directly w/In-House Staff (~5 – 10%) Excavation in Pierce Mill Cove New Bedford Harbor Superfund Contracts Utilized Significantly to Support Programs 9 CONTRACTING STRATEGY

Suite of AE HTRW IDIQs

SATOC IDIQ’s LTM/O&M - Project Specific

SATOC IDIQ’s Remedial Action – Project Specific larger value

“C” contracts when warranted

Utilization of 8(a) sole source program

Other ancillary support IDIQs (topo/boundary survey, Geotech, records management) 10 CONTRACT CAPACITY – CURRENT A-E Service HTRW IDIQs – 2 Unrestricted (Wood & AECOM) $12M each*

– 2 Small Business (Avatar/Bluestone & Seres-Arcadis 8(a) JV $6M each

– 4 SDB $3M each (Mabbett, TI-SDC JV, Credere, & Renova-Sovereign JV)

Professional Service IDIQs – AECOM Technical Services $25M New Bedford Harbor Superfund – ATI FUDS Records Management $4M FUDS Records Management – ATI – FUSRAP Records $4M FUSRAP Records Mgmt – KGS $22.5M JBCC LTM & O&M – Seres-Arcadis 8(a) JV $20M Ft Devens BRAC

Remedial Action SATOC IDIQs – New Bedford Harbor Superfund $350M – Raymark Superfund $99M – E. Mine Superfund $25M – Callahan Mine Superfund $45M 11 OPPORTUNITIES

Raymark Superfund OU# Site Preparation New Bedford Harbor Superfund Intertidal Remediation

FUDS Gould Island Building Demolition 12 AE IDIQ -NOTES OF INTEREST

- Competing A/E Task Orders:

• New USACE policy requires AE IDIQ contracts awarded under a single procurement be competed (qualifications) for each task order. NAE will issue a task order requirement notice (TORN) to each firm asking for a short response to specific criteria. • Current awarded AE contracts were grandfathered. • New AE MATOCs will come with procedures for the TORN process

- We will now ask AEs to update their SF 330 annually. Updates may include key personnel, subcontractors, and information on any completed projects. 13 UPCOMING IDIQ CONTRACTS

Contract Location Value NAICS Contract Solicitation Code Vehicle Issued Multiple Award Unrestricted, Contract – Varies – $65M- SB, 541330 1st Qtr FY22 A/E HTRW NAE/NAD $75M Socioeconomic IDIQ

Award pool will include unrestricted and SB/SDB

Individual task orders will be issued as unrestricted, small, and/or SDB 14 UPCOMING ENVIRONMENTAL SOLICITATIONS

Contract Set-Aside Project NAICS Location Value Date Type Type

Environmental Remediation, Environmental FY22 1st Housatonic River, Stratford 562910 Stratford, CT $25M-$100M SB (Best Value) Remediation Qtr??? Army Engine Plant BRAC

Construction of Stormwater 1st Qtr Pumping Station, Raymark 237110 Stratford, CT $10M-$20M Construction IFB-DRC FY22 Superfund Site

In Situ Thermal Treatment, Environmental 1st Qtr 562910 Kingstown, RI $10M-$20M SB Best Value FUDS NIKE PR-58 Remediation FY22 15 STRATFORD ARMY ENGINE PLANT – STRATFORD, CT

Tidal Flat & Outfall-008 Remediation STRATFORD ARMY ENGINE PLANT 16 PROJECT INFO

Flats: - ~140K CY sediment removal PCB & metals contamination - Mechanical dredge to mechanical off-load - dewater and solidify - mechanical backfill for restoration - on-site beneficial reuse everything < 1ppm PCB - off-site disposal - Sediments > 1ppm PCBs - 18 month allowable “dredge/excavate” window due to environmental resource impacts/windows

Outfall: - Isolate & dewater area for mechanical dredge - truck transport to sediment processing - on-site beneficial reuse or off-site disposal - includes mechanical backfill and restoration. - ~5k CY onsite disposal STRATFORD ARMY ENGINE PLANT 17 ACQUISITION INFO • Firm Fixed Price Stand Alone “C” contract

• Best Value Acquisition Process

• NAICS 562910 Environmental Remediation Services

• Small-Business Set-aside

• Estimated Value: $50M - $100M

• Solicitation Issued: 1st Qtr FY22??????? 18 Former NIKE Battery PR-58 North Kingstown, RI

Issue: TCE in GW including Fractured bedrock

Remedy:

-Thermal Treatment w/SVE In Source Area

-Reductive Dechlorination

-MNA

-ILUCs 19 FUDS FORMER NIKE BATTERY PR-58 ACQUISITION STRATEGY • In-Situ Thermal Treatment • Best Value Stand Alone “C” Contract • Small Business Set Aside • NAICS 562910 Environmental Remediation Services • Value Range - $10M - $20M • Solicitation issued – 1st Qtr FY22

• Reductive Dechlorination & LTM • IDIQ SATOC 5-Year $20M - $30M • Solicitation issued – FY 24 • Perform Market Research in FY23 RAYMARK SUPERFUND OU#4 20 STORMWATER PUMP STATION 21 RAYMARK OU#4 – STORMWATER PUMP STATION •Purpose – Improve stormwater management in area of OU#4. Final OU#4 impervious cap would exacerbate existing SW issues in the area. Pump station is located off the actual OU#4 property. SW Conveyance system from OU#4 to pump station to be constructed under separate contract

•200 CFS capacity

•Pump house dimensions - 65’ x 85’ x 30’ deep

•Four axial flow pumps w/VFD

•$10M - $20M

•IFB w/Definitive Responsibility Criteria

•Business category TBD

•FY22 1st Qtr Solicitation Regulatory Program

Tammy Turley

Chief, Regulatory Division U.S. Army Corps of Engineers New England District

Environmental Business Council of New England Energy Environment Economy ENVIRONMENTAL BUSINESS COUNCIL LEADERSHIP WEBINAR MAY 27, 2021

U.S. ARMY CORPS OF ENGINEERS NEW ENGLAND DISTRICT REGULATORY DIVISION

TAMMY R. TURLEY CHIEF, REGULATORY DIVISION Tammy Turley, May 27, 2021

AGENDA

• Regulatory Authorities • National Regulatory Changes • NAE Regulatory Initiatives Tammy Turley, May 27, 2021

AUTHORITIES • Section 10 - Rivers and Harbors Act of 1899 o Regulate work in, over or under navigable waters of the U.S. • Section 404 - Clean Water Act of 1972 o Regulate discharges of dredged & fill material in waters of the U.S. • Section 103 - Marine Protection, Research & Sanctuaries Act o Regulate transportation of dredged material for ocean disposal. Tammy Turley, May 27, 2021

RELATED LAWS & REGULATIONS • National Environmental Policy Act • National Historic Preservation Act • Endangered Species Act (ESA) • Magnuson-Stevens Fishery Conservation & Management Act (EFH) • Fish and Wildlife Act of 1956 • Wild and Scenic Rivers Act

www.windingwatersrafting.com Tammy Turley, May 27, 20215

REGULATORY MISSION AND DESIRED END STATE

Science & Technology Initiatives

Mission: To protect the Technical & Leadership Training End State: Balanced Nation’s aquatic permit decisions that resources and are timely, navigation… predictable, while allowing Program Efficiencies consistent, reasonable transparent, development through rooted in sound fair and balanced science decisions…. and compliant with Transparency (ORM & Public Website) While striving to be applicable laws. more efficient. KM

5 Public Feedback Tammy Turley, May 27, 2021

REGULATORY DIVISION PROFILE

• 6 New England states • 43-member interdisciplinary staff: biologists, civil & env. engineers, planners, physical scientists, admin • Actions completed: 5000+ (GPs, SPs, compliance, enforcement, NPR, mods, preapps, JDs) • Permit actions: 3000+ Tammy Turley, May 27, 2021 REGULATORY COMPLETED/PENDING ACTIONS

7FY 21: 1 OCT 20 - 1 MAY 21 (7 MONTHS) 1 May 21 1 May 21 Action Type Pending Complete Standard Permits 38 12 Letter of Permission 0 4 Permit Modification 4 27 Regional General Permit – SV 33 872 Regional General Permit – PCN 244 1050 Regional General Permit – SV or PCN 182 - Total Permit Actions 501 1965 No Permit Required 4 263 Pre-App Consultations 97 586 Jurisdictional Determinations 12 40 Compliance Certification 10 545 Non-Compliance 15 16 Unauthorized Activities 31 60 Congressional 2 4 FOIA 1 19 Develop ILF 40 8 TOTAL ACTIONS 713 3506

OFFSHORE WIND FARMS Tammy Turley, May 27, 2021 BOEM Lease Areas Tammy Turley, May 27, 2021

NATIONAL REGULATORY CHANGES Tammy Turley, May 27, 2021

MAJOR RULE CHANGES

• EPA/Army Navigable Waters Protection Rule – 22 Jun 2020

• EPA 401 Water Quality Certification Rule – 11 Sep 2020

• CEQ NEPA implementing regulations – 14 Sep 2020

• USACE Regulatory Implementation • Training • Revisions to regulations • Revisions to policy, ASA(CW) • Revisions to guidance • Agreements with regulatory and resources agencies • Public Outreach Tammy Turley, May 27, 202112

Date State # Presenters Also on Panel 12/09 CT 186 USACE (NWPR), EPA (NWPR & 401 Rule) NRCS CT DEEP (State programs) 12/10 MA 129 USACE (NWPR), EPA (NWPR & 401 Rule) NRCS 12/14 VT 83 USACE (NWPR), EPA (NWPR & 401 Rule) VT DEC NRCS (wetland determinations) 12/16 NH 70 USACE (NWPR), EPA (NWPR & 401 Rule) NRCS NH DES (wetlands & surface waters) 12/17 ME 89 USACE (NWPR), EPA (NWPR & 401 Rule) NRCS, ME DEP, DACF 03/02 RI 72 USACE (NWPR), EPA (NWPR & 401 Rule) RI CRMC, NRCS RI DEM (State programs) Tammy Turley, May 27, 2021

NAVIGABLE WATERS PROTECTION RULE (NWPR)

• Includes 4 simple categories of jurisdictional waters: o Territorial seas and traditional navigable waters - (a)(1) o Tributaries - (a)(2) o Lakes and ponds, and impoundments of jurisdictional waters - (a)(3) o Adjacent wetlands - (a)(4) Tammy Turley, May 27, 2021 CLEAN WATER ACT (CWA) SECTION 401 CERTIFICATION RULE

• Under Section 401 of the CWA, a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the U.S. unless a Sec. 401 water quality certification (WQC) is issued, verifying compliance with water quality requirements, or certification is waived. • Apr 10, 2019: EO 13868 Promoting Energy Infrastructure and Economic Growth directed EPA to review CWA Sec. 401 and EPA’s related regs and guidance to determine if Agency’s policies should be updated or clarified.

• Jul 13, 2020: EPA published final rule (effective Sep. 11, 2020) to update and clarify5/27/2021 the requirements for WQC under the CWA Section 401. Tammy Turley, May 27, 2021 CLEAN WATER ACT (CWA) SECTION 401 CERTIFICATION RULE • Final rule addresses some key areas of the CWA Sec. 401 cert. process, including: o Timelines for Review and Action – Reaffirms the statutory requirement that action must be taken within a reasonable period of time (RPOT), but NLT one year o Scope of Certification Review – Clarifies that the scope of a certifying authority’s 401 certification review is limited to assuring that the discharge will comply with “water quality requirements,” o Early Engagement – Promotes early engagement and coordination among project proponents, certifying authorities (the regulating entity responsibility for acting on a CWA Section 401 certification), and federal licensing and permitting agencies. • USACE Regulatory Actions…For EVERY federal action that requires an individual 401 WQC (350/year): 1. Verify the pre-filing meeting request was submitted at least 30 days prior to submitting the WQC request 2. Determine if the 9 components were submitted in the WQC request 3. Establish a RPOT and corresponding day the cert will be considered waived if not received 4. If WQC issued - determine whether each WQC condition adequately justifies why the condition is necessary to comply with water quality requirements and includes a citation that authorizes that condition 5. Include those WQC conditions by reference that meet item 4. 6. Within 5 days of cert, notify EPA whether the discharge may affect a5/27/2021 neighboring jurisdiction (401a2) Tammy Turley, May 27, 2021 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) • Jul 16, 2020: CEQ announced its final rule, “Update to the Regulations Implementing the Procedural Provisions of the NEPA.”

• Key elements: o Effective Date. Any NEPA process initiated after Sep 14, 2020 • Evaluating 25 applications under new NEPA procedures • Evaluating 13 under previous NEPA procedures o Sets presumptive time limits and page limits for completion of NEPA docs • EAs shall be completed within one year unless a senior agency official approves a longer period in writing, limited to 75 pages • EISs shall be completed within two years unless a senior agency official approves a longer period in writing, limited to 150 pages o Eliminated definition of cumulative impact and added clarifying language about “effects” o Implementation • Training . Pending decision document templates . Pending ASA(CW) policy for Regulatory

• The rulemaking documents, including final rule, regulatory impact analysis, response to comments, and redlines: https://www.regulations.gov/docket?D=CEQ-2019-0003 5/27/2021 • Additional info: • www nepa gov Tammy Turley, May 27, 2021

NEW ENGLAND REGULATORY INITIATIVES Tammy Turley, May 27, 2021 FY20 EFFICIENCY INITIATIVES NAE-Led Initiatives Complete Partners 1. Modify NAE EFH Programmatic Consultation (PC) and use as - NMFS template for CENAD districts (original 7/19/16) 2. Develop USFWS ESA NLAA SLOPES for consultations - USFWS o Phase 1 (24 species); Phase 2 (50 species) 3. Develop NMFS ESA formal PC for small dam removal in Maine - NMFS o ~417 dams in ME will be eligible for removal 4. Improve NMFS NLAA consultation, NAD (original 4/12/17) x NMFS o Clarifies required info, reduces “back & forth,” and created new SOP. 5. Enhance National Reg. Viewer to include states’ geospatial data x - o Permit reviews, JDs, inspections, field data collection & cumulative impact Tammy Turley, May 27, 2021

FY21 EFFICIENCY INITIATIVES

NAE-Led Initiatives Partners 1. Complete Phase II USFWS ESA NLAA SLOPES USFWS 2. Update Regional Implementation Manual for dredge project review EPA 3. Develop WRDA 214 or 139j funding agreements ME, NH DOT, FHWA 4. Develop coordinated application process, flowchart and SOP for EPA, RI CRMC & PMs and public in RI. Promote with outreach. RI DEM Tammy Turley, May 27, 2021

COMPENSATORY MITIGATION SOP

• Sep 07, 2016: Last updated • May 28, 2019: USACE New England District public notice for revised and updated Compensatory Mitigation Standard Operating Procedures (formerly referred to as “Mitigation Guidance). • Apr 14, 2020: Published a 2nd public notice warranted by comments and considerable changes. • Changes include two new additions: o Minimum impact thresholds that require mitigation o Examples on how to apply the SOP in different scenarios After • Dec 29, 2020: Finalized and implemented

Before Great Dam, Exeter River, NH Tammy Turley, May 27, 2021

NAE THIRD-PARTY MITIGATION

• Wetlands & waters impacts typically require compensatory mitigation (restore, enhance, establish or preserve wetlands elsewhere). • Combining mitigation into large contiguous sites is ecologically and logistically preferable to creating small, isolated wetlands. • Entrepreneurial mitigation banks are not economically viable in N.E. so we focus on non-profit or public sector in-lieu fee (ILF) programs. • 33 CFR 332 establishes procedures and preference for “third-party” over “permittee-responsible” mitigation. • ILF programs in 5 of 6 N.E. states and mitigated for 100s of acres of aquatic resources. • $ collected in millions: CT $2.8, MA $3.8, ME $19, NH $15.7, VT $4 ILF Sponsors . CT Amendment o authorize interstate watershed impacts Tammy Turley, May 27, 2021 NATIONWIDE PERMITS 2020 • Mar 28, 2019: E.O. 13783 (Promoting Energy Independence and Economic Growth), modify NWPs to further streamline activities related to energy production, transmission, or use • Mar 15, 2021: 12 reissued and modified NWPs, 4 new NWPs

New England State General Permits (GPs) • Close coordination with each state • Reissued every 5 years (CT and RI pending) • ~22 activities/state, each similar to NWPs • 2971 authorizations in FY 2020 (1078 SV, 1893 PCN)

Pre-Construction Individual General Permit Self-Verification Notification Permit Massachusetts <5000 SF 5000 SF - 1 Acre > 1 Acre Maine <15000 SF 15,000 SF - 3 Acres > 3 Acres Connecticut <5000 SF 5000 SF - 1 Acre > 1 Acre Rhode Island <5000 SF 5000 SF - 1 Acre > 1 Acre Vermont <3000 SF 3000 SF - 1 Acre > 1 Acre New Hampshire <3000 SF 3000 SF - 3 Acres > 3 Acres Tammy Turley, May 27, 2021

SYNCHRONIZATION OF SECTION 10/404/408 Section 408: Permanent or temporary actions that build upon, alter, improve, move, occupy, or otherwise could affect an authorized USACE Civil Works project

Road or utility crossing of levees and Dredging to widen/deepen channels channels and harbors Armoring or modifications to beach fill

Non-federal hydropower Levee raises and improvements Tammy Turley, May 27, 2021

SYNCHRONIZING REGULATORY & 408 PROGRAMS

Joint Public Notice Joint Decision Making

Regulatory Permit Individual Completeness Determination PN Review and Permit Decision Compliance Permit & Monitoring

Continual coordination

408 Single Completeness USACE Review Notifi- Construction Phase cation Oversight Review Determination and Decision

NEPA and other environmental & cultural compliance is integrated & concurrent Tammy Turley, May 27, 2021 ELECTRONIC CORRESPONDENCE PROCEDURES • 24 Mar 2020: Public notice and launched new webpage • Submit correspondence to state-specific emails or via DOD SAFE file exchange, or mail CD/DVD or USB flash drive • https://www.nae.usace.army.mil/Missions/Regulatory/Regulatory/ Submitting-Electronic-Correspondence/ • Give us your feedback Tammy R. Turley Regulatory Division Chief [email protected] (978) 318-8174 Planning Program

John Kennelly Scott Acone

Chief, Planning Division Deputy District Engineer U.S. Army Corps of Engineers Programs & Project Management New England District U.S. Army Corps of Engineers New England District

Environmental Business Council of New England Energy Environment Economy US ARMY CORPS OF ENGINEERS NEW ENGLAND DISTRICT CIVIL WORKS OVERVIEW

John Kennelly Chief, Planning Division 27 May 2021 CORPS CIVIL WORKS MISSIONS

Environmental Ecosystem Infrastructure Restoration Needs Port / Harbor Deepening Flooding Beach Erosion/ Hurricane Protection

Wetland Losses

Water Supply Ecosystem Restoration Navigation Environmental Infrastructure "High Priority" Missions: Needs – Flood Damage Reduction – Commercial Navigation Letter to Corps District Office – Ecosystem Restoration Sponsor Contacts Member of Congress CONGRESSIONAL AUTHORIZATION

Signed by President

Passage ~2-year Intervals Member

Environment & Public Works Committee OR Senate Resolution House Resolution WRRDA 2014 SECTION 7001 OVERVIEW: ANNUAL REPORT ON FUTURE WATER RESOURCES DEVELOPMENT

Identifies proposals for: ‒ new study authorizations ‒ new project authorizations ‒ modifications to existing project or feasibility study authorities

Based, in part, on annual requests from non-Federal interests

Secretary certifies proposals meet five WRRDA criteria: 1. Related to USACE authorities and one or more of the core missions 2. Required to have specific Congressional authorization 3. Has not been previously congressionally authorized 4. Has not been included in a previous annual report (under 7001), AND 5. Is able to be carried out by the USACE, if authorized

Proposals that don’t meet criteria are included in an appendix 5 COMMUNITY PROJECT FUNDING (EARMARKS) • May Return in Fiscal Year 2022

• Specific CPF Member requests due after the FY 2022 President’s Budget is released

• USACE Accounts considered: o Investigations o Construction o Mississippi River and Tributaries o Operation and Maintenance

• Expecting to receive fewer requests

• Not sure how/if the Work Plan funding pots will be impacted CW PROJECT DELIVERY PROCESS

Request for Preconstruction Feasibility Federal Engineering & Phase Engagement Design (PED) – Problem Identification – Execute FCSA – Congress Appropriates PED Funds – Congress Authorizes Study – Conduct SMART Study (3 years) – Execute DA – Congress Appropriates Study Funds – Stakeholder/OFA Engagement – Perform Requisite Design, – Willing Non-Fed Sponsor Identified – Chief’s Report Approval Environmental Update, etc.

Construction Operation & Phase Maintenance

– Congress Authorizes Project – NFS Assumes OMRR&R – Congress Appropriates Construction Funds – Willing Sponsor – Execute PPA – NFS Acquires LERRDs – Initiate Construction – Congress Appropriates Funding to Complete Construction (multi-year) NEW HAVEN HARBOR, CT Report Signed – 7 May 2020 General Navigation Features Deepen Channel & Turning Basin • from -35 feet to -40 feet MLLW Widen the channel • inner channel from 400 to 500 feet • entrance channel from 500 to 600 feet Widen Bend at Breakwater • from 560 to 800 feet Turning Basin • maintain existing location and expand 200 feet to north Quantities ➢ 4.27 million cy of ordinary material ➢ 43,500 cy of rock

October 2019 Price Level Cost Apportionment Project Cost $72,311,000 BCR 2.0

Federal Cost $53,489,000 Sponsor Cost $18,822,000 Sponsor also pays additional 10% GNF over 30 years Seeking Approval to start PED in fiscal Year 2021 NEW HAVEN HBR BENEFICIAL USE

ADDITIONAL BENEFICIAL USE OPPORTUNITY BEYOND THE BASE PLAN - SALT MARSH CREATION OPPORTUNITY

Opportunity for Salt Marsh Creation at Sandy Point ~70 acres, ~ 845,000 cy of Dredged Material NEW HAVEN (LONG WHARF) STUDY AREA HISTORY 9

Protected Area PAWCATUCK COASTAL, RHODE ISLAND LOCATION MAP FLOOD HAZARD MAP Storm Damages New England District

Project Area Key Facts

Locally Preferred Plan

• 247 residential structures across four communities of Westerly (49), Charlestown (45), South Kingstown (72) and Narragansett (81) to be elevated • 21 commercial structures (6 in Westerly, 4 in South Kingstown, and 11 in Narragansett) are also included in Recommended Plan (Locally Preferred Plan) the LPP for flood proofing Non-Structural - Elevation of 247 structures • Target elevation FEMA base flood elevation + 1’ + 0.8’ - Flood Proofing 21 structures of sea level rise $54.7 million • Voluntary

• PED Efforts Underway

• Developing preliminary designs for those homeowners who wish to participate.

• Construction TBD

Non-Federal Project Sponsor Rhode Island Coastal Resources Management Council BOSTON METROPOLITAN AREA, MA

• Potential Fiscal Year 2021 New Study Start

• NON-FEDERAL SPONSOR: City of Boston

• Authorized WRDA 202, Section 207. Additional Studies Under North Atlantic Coast Comprehensive Study

• Execute FCSA in FY 2021 subject to ASA (cw) approval CONTINUING AUTHORITY PROGRAM (CAP)

What is CAP? ‒ A collection of nine water resource authorities contained in several different laws ‒ Most CAP authorities have statutory limits of $10,000,000 on Federal participation, known as per-project limits

What is the purpose of CAP? ‒ To plan, design, and construct projects of limited scope and complexity.

UNCLASSIFIED//FOR OFFICIAL USE ONLY CW (CAP) PROJECT DELIVERY PROCESS

Request for Preconstruction Feasibility Federal Engineering & Phase Engagement Design (PED) – Problem Identification – Execute FCSA – Design/Construction Funds Provided – Congress Authorizes Study – Conduct SMART Study (3 years) – Execute PPA – Congress Appropriates Program Funds – Stakeholder/OFA Engagement – Perform Requisite Design, – Willing Non-Fed Sponsor Identified – Chief’s Report Approval HQ/MSC Environmental Update, etc.

Construction Operation & Phase Maintenance

– Congress Authorizes Project – NFS Assumes OMRR&R – Congress Appropriates Construction Funds – Willing Sponsor – Execute PPA – NFS Acquires LERRDs – Initiate Construction – Congress Appropriates Funding to Complete Construction (multi-year) FEATURES OF CAP Both Study and Construction Authority delegated to Major Subordinate Command (MSC)

One-Stage Study Process ‒ Cost-shared 50/50 percent after the first $100,000 ‒ In-kind services allowed

Design cost-shared at same percentage as Construction ‒ Sponsor Required to provide Real Estate; credit given against Non-Federal Cost Share

Requires Only Written Request from State/Local Official to Initiate

Major non-profit organizations can serve and the non-Federal Sponsor for environmental restoration projects

Projects turned over to sponsor for O&M CAP AUTHORITIES

Cost Fed. Project/ Share % Annual Program Sect. Authority Purpose (Fed/NF) Limits

Emergency Streambank and Protection for public and nonprofit $5,000,000/ 14 65/35 Shoreline Erosion Protection facilities $20,000,000

Beach Erosion and Hurricane/ $10,000,000/ 103 Protection of public shorelines 65/35 Storm Damage Reduction $37,500,000

Varies $10,000,000/ 107 Small Navigation Projects Small river and harbor improvements by depth $62,500,000

Mitigation of Shoreline Erosion $12,500,000/ 111 Shore Protection Varies Caused by Federal Nav Projects $50,000,000

Beneficial Use of Dredged Aquatic habitat improvement, flood/storm $10,000,000/ 204 65/35 Material for Ecosystem Restoration damage reduction $62,500,000

$10,000,000/ 205 Flood Risk Management Small flood control projects 65/35 $68,750,000

Restore degraded aquatic ecosystems in $10,000,000/ 206 Aquatic Ecosystem Restoration 65/35 the public interest $62,500,000

Project Modifications for Restore a degraded ecosystem that $10,000,000/ 1135 75/25 Improvement of the Environment resulted from Corps project operations $50,000,000 Current CAP PROJECT HIGHLIGHTS

• Pleasant Point, Perry, ME Coastal Erosion (Section 14) – Ongoing • Additional work may be needed under a separate contract • Winnapaug Pond, Westerly, RI Eel Grass Restoration (Section 206) – Re-issued FY 2021. Bid Opening currently scheduled for 4 June. • Plum Island North Point, Newburyport, MA Coastal Erosion/O&M Dredging (Section 204) – FY 2021 Construction • Chebeague Island (Section 107) – Potential FY 2022 construction • Chelsea River (Section 14) - Potential FY 2022 construction • Cape Cod Canal – Sandwich, MA Coastal Erosion (Section 111) – FY 2021 Report under review

UNCLASSIFIED//FOR OFFICIAL USE ONLY 17 PLEASANT POINT, PERRY, ME

WINNAPAUG POND EEL GRASS RESTORATION, RI PLUM ISLAND NORTH POINT EROSION 18

CAPE COD CANAL SECTION 111 INVESTIGATION Mass CZM Shoreline Change Maps depict pre- and post- jetty shorelines. BACKUP SLIDES CAP – FLOOD RISK MANAGEMENT Section 205: Flood Damage Reduction and Section 103: Hurricane and Storm Damage Reduction ‒ $10 Million Federal Per-project Limit • Projects must be Economically Justified ‒ Design & Construction are Cost-Shared (65% Fed, 35% Non- Federal) • O&M is Non-Federal Responsibility Section 14: Emergency Streambank Protection ‒ $5 Million Federal Per-project limit • Limited Economical Justification- compare cost to relocation ‒ Public Infrastructure and/or Publically Owned Structures Design & Construction are Cost-Shared (65% Fed, 35% Non-Federal) • O&M is Non-Federal Responsibility CAP – NAVIGATION Section 107: Flood Damage Reduction ‒ $10 Million Federal Per-project Limit • Projects must be Economically Justified based on Commercial Benefits ‒ Design & Construction are Cost-shared (varies by depth) • O&M is Non-Federal Responsibility Section 111: Mitigation of Shoreline Erosion Caused by Federal Navigation Project ‒ $12.5 Million Federal Per-project Limit • Requires Economic Justification • Must Demonstrate Impact ‒ Cost-shared in Accordance with Navigation Project Provisions • O&M is Non-Federal Responsibility Section 204: Beneficial Use of Dredged Material ‒ $10 Million Federal Per-project Limit • Environmental or Shore Protection purposes ‒ Design & Construction are Cost-shared (varies by purpose) • O&M is Non-Federal Responsibility CAP – ENVIRONMENTAL RESTORATION

Section 206: Aquatic Ecosystem Restoration ‒ $10 Million Federal Per-project Limit • Justification Based on a Comparison of Alternatives – Most Effective ‒ Design & Construction are Cost-shared (65% Fed, 35% Non-Fed) • O&M is Non- Federal Responsibility

Section 1135: Mitigation of Shoreline Erosion Caused by Federal Navigation Project ‒ $10 Million Federal Per-project Limit • Justification Based on a Comparison of Alternatives – Most Effective ‒ Design & Construction are Cost-shared (75% Fed, 25% Non-Fed) • O&M is Non- Federal Responsibility Moderated Discussion

Christopher Barron, COL. (RET) USA

Program Chair & Panel Moderator Senior Consultant GEI Consultants, Inc.

Environmental Business Council of New England Energy Environment Economy