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RI Coastal Resources Management Council

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

In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, May 24, 2011 at 6:00 p.m. in Conference Room A of the Administration Building, One Capitol Hill, Providence, RI.

Members Present
Anne Maxwell Livingston, Chair
Paul Lemont, Vice Chair
Donald Gomez
Bruce Dawson
Janet Coit, RIDEM
Tony Affigne
Guillaume de Ramel
Mike Hudner

Members Excused
Raymond Coia
David Abedon

Staff Present
Grover J. Fugate, Executive Director
Ken Anderson, Spv Civil Engineer
Caitlin Chaffee, Coastal Policy Analyst
Brian Goldman, Esq., Legal Counsel

1. CALL TO ORDER

Chair Livingston called the meeting to order at 6:00 p.m. explaining that there were new members of the Council; herself being one of the new members. Vice Chair Lemont welcomed the new members.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Livingston called for approval of the minutes from the previous meeting. Vice Chair Lemont motioned, seconded by Mr. Dawson, for approval of minutes from the May 4, 2011 and May 10, 2011 meeting. Motion carried on unanimous voice vote.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont stated that the Policy and Planning Committee had met on the following items: RICRMP 300.4.C.2 Recreational Boating Facilities; OSAMP concurrence on Section 860.2.5 and 1160.5. Vice Chair Lemont refers the referenced sections for rule making. No objections.

4. STAFF REPORTS

Mr. Fugate informed the Council members about the Rhode Island Call – a process through BOEMRE – in which Rhode Island and Massachusetts agree on the interest on a common area regarding offshore leasing for wind energy. Mr. Fugate explained the bid process for this area. Mr. Fugate also informed the Council that the SAMP process will be receiving additional funding through ARRA funding to continue studies related to the OSAMP for bird activities – funding the come through the Governor’s Office. Mr. Fugate also informed the Council of an on-going conference being offered through URI in conjunction with the CRMC on marine spatial planning from May 23-25. Mr. Fugate informed that Council members of upcoming travel to conferences regarding marine spatial planning – Canadian conference; a National workshop with RICRMC has been invited to participate in, and an International Coastal Zone Management conference being held in July where CRMC has been asked to participate on a panel for renewable energy planning in ocean environment. Mr. Fugate informed that Council of a new suburban buffer program being worked on in Greenwich Bay Area.

Mr. Goldman informed the Council that the CRMC received a favorable decision from the First Circuit Court of Appeals in the Downing/Salt Pond vs. CRMC and the State of RI. Mr. Goldman stated that the case involved Downing Corporation trying to short circuit the subcommittee process that is ongoing and tried to make a case for a taking or inverse condemnation in which they wanted compensation. Mr. Goldman expressed his appreciation to the Attorney General’s office, especially Mike Rubin, for his assistance to us in this case.

5. EDUCATIONAL SERIES

Grover J. Fugate, CRMC Executive Director gave a power point presentation regarding Rhode Island Coastal Zone Management and talking about the basic structure of the program and the application process.

Vice Chair Lemont read a brief statement on the hearing process.

6. APPLICATIONS WHICH HAVE BEEN OUT TO NOTICE FOR 30 DAYS AND ARE BEFORE THE FULL COUNCIL FOR DECISION

2011-02-004 TOWN OF BRISTOL -- Construct and maintain: new transient vessel floats in an expanded marina perimeter limit at an existing marina. Located at plat 10, lot 13, 22; Rockwell Marina, Bristol, RI.

Mr. Joseph Cabral, Town of Bristol Harbormaster present, along with Tony Teixeira, Town of Bristol Engineer. Also present is engineer, Ron Blanchard. Mr. Anderson gave a brief summary of the application to the Council stating that the application is for an expansion of their marina perimeter limit (which is the outline of the in-water facility footprint) of an existing marina owned by the Town of Bristol. Mr. Anderson stated that the permitting staff concluded that the proposal is consistent with the coastal program and recommended approval of the application. Vice Chair Lemont motioned, seconded by Mr. Gomez, approval of the application. Mr. Dawson inquired as to the need for additional parking. Mr. Cabral is put under oath and states that because the expansion of the facility was for transient boaters and explained the parking procedures as currently in place. It was clarified at the request of Mr. Dawson, that the new facility will have encapsulated floats and will the other facilities. Mr. Affigne asked how much traffic the facility will handle. Mr. Cabral stated that the facility will be very active on the weekend and the facility will also be convenient for the pumpout boats to discharge. Motion carried on a unanimous voice vote.

2010-09-037 PAWTUXET RIVER AUTHORITY – Partial removal of the Pawtuxet River Dam to restore the native riverine ecology, fish populations, and wetland functions and values of the Lower Pawtuxet River. Located at Pawtuxet Falls Dam, Broad Street, Cranston, RI.

Ms. Rita Holahan of Pawtuxet River Authority is present as well as engineer Sam Whitin. Mr. Mike Moorman of the USDS NRCS present. Ms. Jane Austin of Save the Bay was present as STB is a project partner. Ms. Chaffee gave a brief summary of the project stating that is was a restoration project that will remove two sections of the concrete spillway at Pawtuxet Falls down which is a fish passage restoration project which is intended to benefit anadromous fish species that need upstream access to spawn. Ms. Chaffee stated that this project included the removal of two of the three sections of the existing dam resting on bedrock falls. Ms. Chaffee stated that the project will also improve the continuity of the river system; would be beneficial to the resident species in addition to anadromous fish species that are targeted; water quality improvements; and, reduction in property flooding upstream during smaller storm events. Ms. Chaffee stated that the project had also received a permit from RIDEM for freshwater wetlands. Ms. Chaffee explained that the dredging portion of the project was no longer necessary due to the mobilization of sediment after the spring floods of 2010. Ms. Chaffee stated that this project had been funded in other years by the council and that staff supported this project. Ms. Chaffee explained that sediment testing had been done and that a plan was developed for replanting of newly exposed areas. Mr. Fugate clarified that the council was essentially approving an alteration to a freshwater wetland since the dredging aspect of the project was no longer necessary. Ms. Holahan, Mr. Whitin, and Mr. Moorman are sworn in. Dr. Affigne inquired as to the ACOE permit. Ms Chaffee stated that the CRMC would coordinate with ACOE and that ACOE did not have any reservations about the project. Dr. Affigne inquired as to whether the lower stretch of the river would become tidal with the removal of the dam and if vegetation would encroach. Mr. Whitin stated that during mean high water there will be a slight influence back into the river system but that the salinity level would not change appreciably and that planting plans have been developed. Mr. Affigne asked if there were plans for more restoration projects up the river. Ms. Holahan talked about the next phase of the project being discussed which would be in the vicinity of the Warwick Mall. Mr. Dawson questioned whether the Pawtuxet River would qualify for an administrative dredging approval in the event of another storm or flooding event. Mr. Fugate explained the procedure for maintenance dredging projects. Mr. Dawson motioned, seconded my Dr. Affigne, approval of the project. Jane Austin of Save The Bay was sworn in and identified herself for the record. Ms. Austin spoke in support of the project. Motion carried on unanimous voice vote.

2011-01-005 NARRAGANSETT BOAT CLUB – Expand and re-configure existing approved float arrangement for rowing vessels. Also, establish “structural perimeter limit” around in- water facility. The existing float area is 2,652 s.f., and new area will be 4,492 s.f. (new additional float area is 1,970 s.f.). Located at plat 41, lot 258, 261; 2 River Drive, Providence, RI.

Present are Mr. Dan Gorriaran of the Narragansett Boat Club; Mr. Dan Potter and Mr. Jamie Reavis, Boat Club members. Mr. Anderson gave brief overview of the application to the Council stating that the applicant was proposing to expand its existing CRMC-approved floating array that facilitates the rowing shells and the support craft. Mr. Andersons stated that there would be an addition of 2,000 s.f. of float the existing and approved 2,500 s.f. of float. Mr. Anderson stated that the applicant was asking for a setback variance from the Federal navigation channel that runs up the middle of the Seekonk River. Mr. Anderson stated that the staff had no objection to the project and recommended approval of the application. Mr. Potter, Mr. Reavis, and Mr. Gorriaran were sworn in and identified themselves for the record. Vice Chair Lemont asked the applicants about the relationship between the fishermen and the rowers as he understood that there was some friction between the two groups. Mr. Gorriaran stated that he felt there was cooperation between the two groups and that only a few times were there words between the rowers and Fishermen. Mr. Gorriaran stated that they wanted to increase their rowing community. Mr. Potter stated that he is on the river every morning and that for the most part it is very friendly; only occasionally does it get uncomfortable. Mr. Potter stated that the rowing club has been using those waters since 1850 and the club was founded in 1838. Mr. Potter talked of the importance of both users sharing the resource. Vice Chair Lemont motioned approval of the application, seconded by Mr. Gomez. No further discussion. Motion carried on a unanimous voice vote.

7. RATIFICATION OF APPROVAL OF THE OCEAN SPECIAL AREA MANAGEMENT PLAN

Mr. Fugate stated that at the CRMC Semimonthly Meeting on May 4, 2011 the Council approved changes to the Ocean Special Area Management Plan that were necessary to achieve the NOAA approval of this document providing CRMC with the Federal consistency authority on this. Mr. Fugate stated that it was requested that the changes be placed on this agenda for one more ratification by the Council. Mr. Gomez motioned, seconded by Dr. Affigne, to accept the changes. Motion carried on unanimous voice vote.

8. ENFORCEMENT REPORT – April, 2011 & CATEGORY “A” LIST

Mr. Fugate explained to the Council that the two reports were informational for the Council and to answer any questions Council has regarding either. None were held.

7. ADJOURN

Vice Chair Lemont motioned, seconded by Mr. Dawson, to adjourn. Motion carried on unanimous voice vote. Meeting adjourned.

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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