Semi-monthly Meeting - Full Council

Administration Building, Conference Room B
One Capitol Hill, Providence, RI

Tuesday, March 11, 2003
6:00 p.m.

AGENDA

Revocation of Aquaculture Assent/Lease before the Full Council for Decision:

1976-12-003 JOHN CRANDALL - Revocation of Aquaculture Assent/Lease in accordance with Stipulation "K" of Assent. Located in Ninigret Pond, Charlestown, RI.

Application Requesting Modification of Assent Language before the Full Council:

2001-04-109 STARWOOD TIVERTON, LLC - Requesting Modification of Assent to remove language from Assent dealing with the termination and remove of structures on the referenced property after a period of fifty (50) years from the original approval date. Located on Main Road, Tiverton, Rhode Island.

Applications requesting Administrative approval before the Full Council for Decision:

2002-05-111 MICHAEL AND BARBARA LEMME -- Construct a three bedroom single family residential dwelling and permeable driveway to be serviced by City water and DEM approved ISDS. Located at plat 334, lot 238, 239, & 240; Old Mill Cove, Warwick, Rhode Island.

Application requesting Special Exception before the Full Council for Decision:

2002-08-031 P. T. Development, LLC -- Redevelop a former industrial site into a waterfront condominium complex. The applicant proposes to convert two of the existing structures into 60 condominium units. An existing metal structure is to be demolished and a structure housing 24 additional condominium units is to be erected in its place. The applicant further proposes to construct a boardwalk along the shoreline. The boardwalk will be open to the public. In order to construct the project, the applicant proposes to fill 6,285 s.f. of tidal waters. The proposed project location is plat 9, lots 13, 24, 35, 40-41, and 71; 325-345 Thames Street, Bristol, RI.

2002-05-111 RHODE ISLAND DEPARTMENT OF TRANSPORTATION -- Replace existing Barrington River Bridge No. 123 and remove the existing temporary Barrington Bridge No. 1023. As part of the project, the applicant proposes to cover with riprap approximately 1,000 s.f. of coastal marsh and 4,000 s.f. of River Bottom. In order to conduct these activities the RIDOT may need to obtain Special Exceptions to the prohibitions contained in Section 210.3.C.6 and 300.10.D.3 of RICMRP.

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

Rhode Island Coastal Resources Management Program Section 150
Coastal Buffer Zones/Standards

Revise Section 150.E.3(c) as follows:

3. Coastal Buffer Zone Requirements for Alterations to Existing Structures on Residential Lots. All calculations for the requirements of a coastal buffer zone shall be made on the basis of structural lot coverage. Structural lot coverage shall mean the total square foot area of the structure(s) on a lot or parcel (ref. §300.3.A.5).

(a) Where alterations to an existing residential structure or structures result in the expansion of the structural lot coverage such that the square footage of the foundation increases by less than 50 percent, no new coastal buffer zone shall be required.

(b) Where alterations to an existing residential structure or structures result in the expansion of the structural lot coverage such that the square footage of the foundation increases by 50 percent or more, the Coastal Buffer Zone requirement shall be established with a width equal to the percentage increase in the structural lot coverage as of August 8, 1995, multiplied by the value contained in Table.

(c) Coastal Buffer Zones shall not be required when a structure is demolished and rebuilt on the existing footprint. Where a structure is demolished and rebuilt and will result in an expansion of the structural lot coverage such that the square footage of the foundation increases by 50% or more, a Coastal Buffer Zone shall be established with a width equal to the percentage increase in a structure's footprint, multiplied by the value contained in Table 2a.

(d) Any structure that is demolished and rebuilt must meet applicable setback requirements. Where the applicant demolishes a structure, any contemporary or subsequent application to rebuild shall meet applicable setback requirements.

(e) Structures that are less than 200 square feet in area are excluded from these requirements.

In addition, the Executive Director shall have the authority to grant a variance to this requirement for category "A" assents in accordance with the burdens of proof contained in Section 120.

Section 300.5
Residential, Commercial, Industrial, and Recreational Structures

Add New Definition: Section 300.3.A.5

5. Structural Lot Coverage is that part of a lot or parcel that is covered by roofed structures of at least 200 square feet in size. Structural Lot Coverage is calculated in square feet and is either equal to the total square footage occupied by one or more foundations, or, in the case of cantilevered structures, the total square footage occupied by the structure and calculated as if a foundation supported the cantilevered portions of the structure. Structural foundations shall be broadly interpreted to include sona-tubes, pilings, concrete blocks, columns, or other types of foundation material which provide structural support to a structure which is covered by a roof.

Section 300.9
Dredging and Dredged Materials Disposal

Revise as follows:

B. Policies

2. Where beneficial re-use options as set forth in RIGL 46-6.1-3 are not practical, the Council favors offshore open-water disposal for large volumes of dredged materials, providing that environmental impacts are minimized.

3. The Council encourages the use of innovative nearshore methods of dredged materials disposal, particularly when small volumes of material must be disposed. These options include but are not limited to creation of wetlands, shellfish habitat, and beach nourishment in suitable areas.

4. For disposal of dredged material resulting from maintenance dredging operations, a Category A Review may be permitted provided the Executive Director determines (1) that the disposal is conducted consistent with the RIDEM's classification of the dredged material sediments dredging regulations; and, that (2) disposal is at an approved upland disposal facility, or at an approved federal disposal facility. Category A reviews may also be permitted when (1) the upland disposal volume is not greater than 10,000 cubic yards (see §300.2); (3) the area of disposal is not greater than one (1) acre in size (see §300.2); (42) the proposal complies with all applicable local zoning ordinances; (53) applicable soil erosion and sediment controls are employed (see §300.2); and (64) the proposal meets the standards of Section 110.1.

6. The Council utilizes and follows the prescribed processes outlined in the Army Corps regulations and manuals for both upland and in-water dredged material disposal.

C. Prerequisites

RIGL 46-6.1-7 specifies that approvals for dredging and dredged material disposal require Council and DEM approval. Further, the Council, as the lead agency for dredging, shall be the initial point of contact for application submittals. The Council and DEM have developed protocols that set out how proposed dredging activities shall be coordinated for review. A Pre-application consultation request with the Council and DEM (and other agencies as appropriate) is an element of these protocols and is strongly encouraged for all applicants.

2. Except for federal consistency reviews, applicants for dredging or open waters disposal of dredged materials shall be required to obtain a Section 401 (Clean Water Act) Water Quality Certification from the Department of Environmental Management (DEM) before the Council can consider granting approval for the project. The application for the Section 401 Water Quality Certification will be forwarded to the DEM when all Council appropriate application forms have been completed.

4. Any application for open water disposal of dredged materials shall obtain a suitability determination from the have all requisite Army Corps of Engineers and Environmental Protection Agency (EPA) approvals.

7. When disposal is proposed for approved upland facilities, the applicant shall provide a letter of acceptance from that facility unless the disposal is approved for the Central Landfill.

8. For dredge volumes greater than 10,000 cubic yards, a pre-application meeting is required.

E. Additional Category B Requirements

3. When fine-grained sediments are to be removed, the applicant shall employ proper turbidity controls install siltation curtains to control the transport of materials placed in suspension by dredging unless the applicant demonstrates to the Council on the basis of competent professional analysis that such transport will not be significant or will be controlled by other measures.

6. When dredged materials are removed from a marine to an upland environment for disposal, the applicant shall demonstrate that the any release of pollutants present in the materials shall not cause significant threats to groundwater or cause other environmental degradation.

F. Standards

All applications submitted to the Council for dredging and disposal shall demonstrate that they have met all applicable sections of the CRMC/ DEM Dredging Application Checklist.

4. For upland disposal:

(a) Dewatering of dredged materials shall occur behind within a properly designed dewatering facility berm or bulkhead of sufficient height to contain the material.

Management Procedures Section 4.3.2 Schedule of Fees

Section 4.3.2(t)

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

Category "A" List

CALENDAR INDEX