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RI Coastal Resources Management Council

...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders

Semi-monthly Meeting – Full Council
Tuesday, May 11, 2004; 6:00 p.m.
Boardroom; Narragansett Bay Commission
One Service Road, Providence, RI

AGENDA

Reading of the minutes of the previous meeting.
Staff Reports.
Subcommittee Reports.

Applications that have been Out to Notice and are before the Full Council for Decision:

2004-02-064 BLOCK ISLAND UPWELLER — one acre shellfish farm just northeast of the northeast breakwater protecting the entrance to New Harbor, Block Island. The farm will be culturing the American Oyster using bottom cages. Located in Block Island Sound.

2000-10-024 SHANNON REAGAN — Construct and maintain 186'long x 4' wide fixed timber pier, a 30'long and 3' wide ramp, and 40' long x 10'wide (400 sq.ft) float. Located at plat 9, lot 260; 1 Cypress Avenue, Newport, RI.

2003-10-065 DAVID AND JUDITH ENSTONE — Construct a residential boating facility to consist of a 4' x 185'+/- fixed timber pier with a 4' x 20' lower, access platform and two (2) tie-off piles @108-feet +/- beyond mean low water (MLW). Located at plat 2, lot 60; Conanicut Island, Jamestown, RI.

2003-07-010 MICHAEL AND LEIGH EDDY — Construct a residential boating facility to consist of a 90' long fixed timber pier, ramp, and 10' x 15' float (120' overall length, total). Located at plat 414, lot 007.00; 47 Carousel Drive, East Providence, RI.

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

Management Procedures — Section 4.3.2 Schedule of Fees

Revise Section 4.3.2(r) as follows:

4.3.2(r): The Executive Director, in his discretion and with the concurrence of the Chairman, may reduce an application fee for commercial, industrial and mixed use projects within the urban core or growth center coastal communities of Providence, East Providence, Pawtucket, and Newport* or for projects that meet the requirements of GLRI 42-64-7 et seq. (Mill Building and Economic Revitalization Act), where such application is eligible for an administrative assent and meet all applicable programmatic goals, policies, and standards. The reduction of the reduced fee shall be no greater less than the estimated processing time of Council staff of a rate per hour set by the planning and procedures subcommittee. The minimum application fee shall be $2,500 5,000.

*These communities are defined as either Urban Core is defined as within the RIPEC report Strengthening Cities: A Report of the Urban Strategy Project (January 1998) or as identified as a Growth Center by the state's Growth Planning Council.

Coastal Resources Management Program

Section 320: Inland Activities and Alterations That Are Subject To Council Permitting

Revise 320.B.3 as follows:

3. Persons proposing subdivisions, co-operatives, and other multi-ownership facilities, [of six (6) units or more] or activities generating more than 40,000 square feet of impervious surface any portion of which extends onto a shoreline feature or its contiguous area, or within critical coastal areas, or those areas as identified in GLRI 45-23-27 are required to apply for a Council Assent.

Applicants proposing any of these activities shall satisfy all requirements specified in the RICRMP and any applicable special area management plan. Applicants shall also submit the following with their applications:

a) A Stormwater Management Plan as required in Section 300.6 and as described in the most recent version of the Rhode Island Stormwater Design and Installation Manual.

b) A soils map of the property (suggested scale 1:200) with an accompanying analysis of the best-use potential of the soils present; the soils maps and use potentials analysis prepared by the U.S. Soil Conservation Service should be used as the basis for this analysis.

c) An overlay map showing the principal vegetation types or any significant features identified by the Natural Heritage Program of the Department of Environmental Management and the Historic Preservation Commission on the property; the maps prepared by McConnell (1974) and Kupa and Whitman (1972) may be the basis for information on vegetation.

d) An overlay showing the proposed subdivision layout, including buildings, roadways, parking areas, drainage systems, sewage treatment and disposal facilities, and undisturbed lands.

e) A Site Plan as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual.

f) Prior to permitting, an archeological survey when recommended by the state Historical Preservation & Heritage Commission.

Revise 320.D.2 as follows:

2. Persons proposing subdivisions, co-operatives, and other multi-ownership facilities, of six (6) units or more, or facilities which use larger Individual Sewage Disposal Systems (as defined in the RIDEM regulations for Individual Sewage Disposal Systems) which are designed, installed, or operated as a single unit to treat more than 2,000 gallons per day or any combination of systems owned or controlled by a common owner and having a total design capacity of 2,000 gallons per day, or facilities requiring one acre or more of parking, any portion of which extends onto a shoreline feature or its contiguous area, or within the watershed of the poorly flushed estuaries delineated on the maps accompanying this program, are required to apply for a Council Assent. Applicants shall submit the following information to the Council for review in the early stages of planning such facilities:

a. A soils map of the property (suggested scale 1:200) with an accompanying analysis of the best-use potential of the soils present; the soils maps and use potentials analysis prepared by the U.S. Soil Conservation Service should be used as the basis for this analysis.

b. An overlay map showing the principal vegetation types or any significant features identified by the Natural Heritage Program of the Department of Environmental Management and the Historic Preservation Commission on the property; the maps prepared by McConnell (1974) and Kupa and Whitman (1972) may be the basis for information on vegetation.

c. An overlay showing surface drainage patterns and, where available, information on the depth to groundwater and the direction and volume of groundwater flows.

d. An overlay showing the proposed subdivision layout, including buildings, roadways, parking areas, drainage systems, sewage treatment and disposal facilities, and undisturbed lands.

e. Prior to permitting, an archeological survey when recommended by the state Historical Preservation & Heritage Commission.

Section 300.4. Recreational Boating Facilities

Revise 300.4.C.4(f) as follows:

(f) Variances may be granted to all of the standards contained in Section 300.4.E.3 and Section 200.2.C.3 provided engineering, biological and other appropriate concerns have been addressed except for the following: (i) the subcommittee may not grant a variance to Section 300.4.E.3.j; (ii) the subcommittee may only grant a variance to within 18 inches of the marsh grade standard (Section 300.4.E.3.f) provided engineering, biological, and other appropriate concerns are met; and (iii) the subcommittee may only grant a variance for the extension of a recreational boating facility out to 75 feet beyond MLW or up to a 50% increase beyond the 50 foot standard (Section 300.4.E.3.k) provided engineering, biological, and other appropriate concerns are met; and, (iv) the subcommittee may not grant a variance to Section 300.4.E.3(s).

Revise 300.4.E.3 as follows:

Add (s): A minimum depth of 18 inches of water (MLW) shall be obtained at the seaward end of the dock, floating dock or pier, except in areas where SAV is present.

Category "A" List

CALENDAR INDEX

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