RICRMC Semi-Monthly Agenda 7/13/09

AGENDA
Semi-Monthly Meeting – Full Council
Monday, July 13, 2009; 6:00 p.m.
Conference Room B, Administration Building
One Capitol Hill, Providence, RI

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

Request to Re-Program Coastal & Estuarine Habitat Restoration Trust Fund Award

Re-programming would be as follows:
2008 Trust Fund Award for WPWA Lower Shannock Falls– $35,000 (design)
2009 Trust Fund Award for WPWA Lower Shannock Falls– $50,000 (construction)

Re-program to the Ten Mile River Project:
2009 Trust Fund Award for Ten Mile River– $85,000 (construction)

Applications which have been Out to Notice for 30 days and are before the Full Council for Decision:

2009-06-021 DEEPWATER WIND, RI -- Temporarily moor a meteorological barge offshore of Block Island at a potential wind farm location to collect site specific meteorological measurements. This type of site specific measurement is typical for wind farms. The barge is proposed to be in place for 3 months. Off Block Island, New Shoreham, RI.

2009-06-022 DEEPWATER WIND, RI -- Install a vertical LIDAR unit on Plat 1 Lot 1 & 16 in New Shoreham. The LIDAR unit will be temporary; it will be in place for up to two years. The LIDAR is part of the scientific study / site conditions assessment for a potential wind farm in the waters adjacent to Block Island. The LIDAR will be surrounded by a fence during its deployment. All materials shall be removed at the end of the study. Located at plat 1, lot 16; North Lighthouse, New Shoreham, RI.

2009-04-030 DEEPWATER WIND, RI -- Install a meteorological (MET) tower to obtain wind and other scientific measurements, the installation is temporary and is expected to last 2 years subject to stipulations in the lease from the Town of New Shoreham. The tower and all other elements installed (block and fencing) will be removed and the site restored at the conclusion of the measurements. Located at plat 30, lot 10; Coast Guard Road, New Shoreham, RI.

Applications requiring Special Exception before the Full Council:

2007-02-061 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT -- Reconstruct an existing boat ramp in a new location on the same lot, reconstruct an existing parking area, construct a new parking area, regrade and reconstruct the entrance road, provide storm water management, provide ADA Accessible Ramp at the ramp, provide an overlook area and shade structure and dredge the ramp and adjacent area to provide safe launching of vessels. Located at plat 156C, lot 37; Mount Hope Fishing Access; Annawamscutt Drive, Bristol, RI.

Public Hearing on Changes proposed to the RI Coastal Resources Management Program:

1. REDBOOK

Section 300.3 - Residential, Commercial, Industrial, and Recreational Structures

Revise Section 300.3.E.1(d) – Standards, as follows:

(d) All commercial and industrial structures and operations in tidal waters shall have a defined structural perimeter for in-water facilities, which shall describe and limit that area in which repair or alteration activities may take place. Structural perimeters shall be defined on the basis of in-water facilities in place as of September 30, 1971, or subsequently assented structures. All new or modified structural perimeter limit lines shall be a maximum of ten (10) feet outside of the structures. The structural perimeter limit (SPL) shall be designated on all plans with the corners designated by their State Plane Coordinates. However, in all cases the SPL shall be setback at least fifty (50) feet from approved mooring fields. In addition the SPL shall be setback at least three times the authorized project depth from federal navigation projects (e.g. navigation channels and anchorage areas).

The purpose of this proposed change is to detail the setback distance of structural perimeter limits to mooring fields and federal navigation projects.

2. GUIDELINES FOR THE DEVELOPMENT OF MUNICIPAL HARBOR MANAGEMENT PLANS

Section III - Required Elements of a Harbor Management Plan

Add New Section III.B.3(m) – Requirements, as follows:

(m). Develop a mooring allocation policy that limits the transfer of a private mooring permit to an immediate family member (brother, sister, mother, father, spouse, children or grandchildren) to a one time basis and prohibits the mooring permit transferee from subsequently transferring that private mooring permit under any circumstance. All private mooring permits that are forfeited by or not renewed by the transferee shall be made available to individuals on the waiting list.

The purpose of this proposed change is to develop a mooring allocation policy that limits the transfer of private mooring permits to immediate family members.

3. SALT POND SPECIAL AREA MANAGEMENT PLAN

Revise Section 920.1.A.2(d) as follows:

(d) Nitrogen reducing technologies as defined in Section 920.1.A.1.e are required for any lands subdivided after April 12, 1999 that do not meet the CRMC density requirement (80,000 square feet) for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement or the DEM has determined through appropriate analysis that site groundwater does not flow towards the salt ponds. A nitrogen reducing technology cannot be used as mitigation to increase dwelling densities on parcels which can support the density requirement.

Revise Section 920.1.B.2(d) as follows:

d) Nitrogen reducing technologies as defined in Section 920.1.A.1.e are required for any lands subdivided after April 12, 1999 that do not meet the CRMC density requirement for Lands of Critical Concern (120,000 square feet) for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement or the DEM has determined through appropriate analysis that site groundwater does not flow towards the salt ponds. A nitrogen reducing technology cannot be used as mitigation to increase dwelling densities on parcels which can support the density requirement.

Revise Section 920.1.C.2(a) as follows:

(a) Nitrogen reducing technologies as defined in Section 920.1.C.1.e are required for all new installations or replacement of existing ISDS for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4 in Lands Developed Beyond Carrying Capacity. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement or the DEM has determined through appropriate analysis that site groundwater does not flow towards the salt ponds.

The purpose of this proposed change is to remove the special exception requirement for nitrogen reducing technologies when an approved DEM analysis has been performed that shows site groundwater does not flow towards a salt pond.

Enforcement Report – May 2009

Category “A” List

Executive Session pursuant to R.I.G.L. 42-46-5(a)2 – Litigation

CALENDAR INDEX

RI Coastal Resources Management Council