RI Coastal Resources Management Council
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
Planning and Procedures Subcommittee
Coastal Resources Management Council
Stedman Government Center
4808 Tower Hill Rd
Wakefield, RI
December 21, 2010
8:30 am
AGENDA
1. Call to Order
2. Approval of previous meeting minutes
3. OLD BUSINESS/WORKS IN PROGRESS
4. PROPOSED PROGRAMMATIC REVISIONS
Management Procedures
A. Section 1.2 Definitions – Contested Case
Redbook/SAMPS
B. Section110.3-SubstantiveObjections
C. Table1ActivityMatrices
D. Section 300.11 Aquaculture
5. OTHER BUSINESS
6. NEW BUSINESS
7. STAFF REPORTS
8. ADJOURN
Management Procedures
Item 4.A
DEFINITIONS
Section 1.2 Contested case: means a proceeding in which the legal rights, duties or privileges of a specific party are required to be determined by the Council after an opportunity for hearing. A proceeding before the Council shall be considered contested when a substantive formal written objection and/or request for hearing is received by the Council from any interested party and said formal written objection and/or request for hearing is substantiated by genuine and material reason as outlined in Section 110.3 of the RI CRMP. Further, a proceeding shall be considered contested upon request for hearing by any four members of the Council.
Proposed “Redbook” Revisions
Item 4.B
Section 110.3 Substantive Objections
A. Substantive objections are defined by one or more of the following:
(1) threat of direct loss of property of the objector(s) at the site in question;
(2) direct evidence that the proposed alteration or activity does not meet all of the policies, prerequisites, and standards contained in applicable sections of this document;
(3) evidence is presented which demonstrates that the proposed activity or alteration has a potential for significant adverse impacts on one or more of the following descriptors of the coastal environment: (a) circulation and/or flushing patterns; (b) sediment deposition and erosion; (c) biological communities, including vegetation, shellfish and finfish resources, and wildlife habitat; (d) areas of historic and archaeological significance; (e) scenic and/or recreation values; (f) water quality; (g) public access to and along the shore; (h) shoreline erosion and flood hazards; or 4) evidence that the proposed activity or alteration does not conform to state or duly adopted municipal development plans, ordinances, or regulations.
B. Such objections shall further be determined to be substantive by the Chairman, or in his absence the Vice Chairman, the Executive Director and the Council’s Legal Counsel in their discretion using the above as evaluation criteria.
Item 4.C
Table 1. Review Categories and Prohibited Activities in Tidal Waters and on Adjacent Shoreline Features (Water Type Matrices)
For all Water Types:
Revise the Activity Review for Municipal Sewage Treatment Facilities on Developed Barriers from B to P
Item 4.D
Revise Section 300.11.D Aquaculture/Prohibitions as follows:
5. The harvest of wild shellfish molluscan bivalves naturally occurring in a CRMC permitted lease shall be prohibited. All wild shellfish within a lease area will remain the property of the State of Rhode Island and remain in place for the benefit of the public resource. This resource is not to be harvested by any person for commercial or recreational purposes. Any incidental catch by the lease holder within an aquaculture lease shall be returned immediately to the same waters.
Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov
An Official Rhode Island State Website