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Semi-Monthly Meeting – Full Council
Tuesday, December 12, 2006; 6:00 p.m.
Narragansett Bay Commission Boardroom
One Service Road, Providence, RI

AGENDA

Reading of the minutes of the previous meeting (Tuesday, November 14, 2006)
Subcommittee Reports.
Staff Reports

Presentation – CRMC responsibility for Public Access – G. Fugate, CRMC

Administrative Applications before the Council for Decision:

2005-12-015 ACCRINGTON REALTY, LLC – Construct a 24’ x 34’ single family dwelling with deck and permeable driveway. Dwelling will be connected to city sewer system. Located at plat 361, lot 877; Hermit Drive, Warwick, RI.

Applications requesting an Modification of existing Assent:

1973-08-015 NANCY GILBANE – To alter the design of the floating dockage at an existing residential boating facility. As initially permitted in 1994 the floating dock consisted of a 200 square foot (20’ x 10’) float that extended 35 +/- feet seaward of the fixed pier. In 2004 the design was modified to allow the use of a 33’ x 4’ access float which extended 40 +/- feet seaward of the fixed pier and which was used to access a 20’ x 6’ float and a 20’ x 4’ float (total SF 200 SF). The applicant now seeks permission to alter the float design as shown on the attached plans. The design calls for the installation of two 20’ x 5’ floating docks and a 26’ x 6’ float for a total terminal float SF of 356 SF. The new float arrangement will extend 40’ +/- feet seaward of the
fixed pier and 75’ +/- beyond MLW. The proposed design is variant to RICRMP Standard 300.4.E.3.d by 206 square feet. Project location: plat 26, lot 20; 140 Adams Point Road, Barrington, RI.

Public Hearing on Changes to the Rhode Island Coastal Resources Management Program and Management Procedures:

RICRMP/Management Procedures

Section 4.3.2 Schedule of Fees

Revise 4.3.2(t) as follows:

t. Providence River Project Non-federal Applicants: CAD Cell Disposal Fees: $0.75 11.65 cy

The purpose of this proposed change is to codify the CAD cell disposal fee as a state fee.

Section 5.12 Permit Extensions

Where the Council has issued a permit to undertake an activity in accordance with this Program, said permit shall require such activity licensed or permitted thereunder to be completed within (3) years from the date of issuance unless specifically granted a longer period of time by the Council. Extensions may be granted for good cause demonstrated by the applicant. Additionally, in determining whether to grant an extension, the Council will consider whether there has been a substantial change in the environmental conditions on the site, whether the CRMP has been amended such that the activity would now require variances or special exceptions, or additional variances or special exceptions, and whether the applicant has made a good faith effort to undertake construction of the permitted activity. In the event an applicant or his agents cannot complete said activity within the three (3) year permitted time, unless specifically granted a longer period of time by the Council, the permit shall expire unless the applicant files a timely petition with the Council for a permit extension. The applicant may, prior to the expiration of said time, petition the Council in writing for an extension. Extensions may be granted for projects only if it has been determined by staff that the work accomplished is in compliance with the conditions of approval established by the Council. The Executive Director in his discretion for cause shown may administratively grant an extension for a period of time of up to one (1) year from the expiration date of the permit. In addition, the Council Executive Director may grant a maximum of three (3) one (1) year extensions. A fourth and final one (1) year extension may be granted only by the Council and only for a period of time of up to one (1) year. This section shall apply to all permit extension requests submitted after enactment of this provision (effective 4/15/2001). However, for projects associated with public infrastructure, the Council may grant extensions for more than one (1) year.

The purpose of this proposed change is, except for the final extension, to have extensions reviewed and granted administratively.

RICRMP

Section 110. Applications for Category A and Category B Council Assents

A. The regulations contained herein are regulations that must be met by all persons who undertake alterations and activities under the Council’s jurisdiction.

B. Through the adoption and implementation of the Marine Resources Development Plan by the Council on January 10, 2006, uncontested permit applications which meet the thresholds below, and are consistent with the goals and policies of the coastal resources management program will be reviewed and acted uponadministratively by the executive director or his/her designee. Category B applications which are above these thresholds or are contested will be reviewed by the full Council. All prerequisites, policies, prohibitions and standards shall remain in full force and effect and any reference to review and/or action by the full council cited herein shall be superseded by this rule.

If the executive director or deputy director in their discretion determines the application does not meet the goals and policies contained in the coastal resources management program and its applicable special area management plans they may require that the application be reviewed and acted upon by the full council. The applicant will be notified of that determination in writing.

C. Applications eligible for administrative review include the following.

- Subdivisions of less than 20 units;
- Residential Docks less than 200 feet (MLW) in length;
- Terminal floats less than 200 square feet;
- Aquaculture sites of less than 10 acres;
- Seawalls of less than 300 linear feet;
- Dredging of less than 100,000 cubic yards;
- Wetland mitigation that is habitat restoration when an applicant is federal, state, or municipal entity;
- Uncontested harbor management plans that are recommended for approval;
- Boat and float lifts that meet program requirements.

The purpose of this proposed change is to, under stated instances, have certain activities reviewed and
granted administratively.

CRMC Enforcement Report – October 2006

Category “A” List

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