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RI Coastal Resources Management Council

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

AGENDA
Semi-Monthly Meeting – Full Council
Tuesday, July 26, 2011, 2011; 6:00 p.m.
Conference Room A, Administration Building
One Capitol Hill, Providence, RI

Approval of the minutes of the previous meeting – June 14, 2011

Subcommittee Reports

Staff Reports

Education Series – Jason Gramitt, Esq., Staff Attorney and Education Coordinator for the RI Ethics Commission

Applications Which Have Been Out-to-Notice for 30 days and are Before the Full Council for Decision:

1983-07-057– MARK AND KATHERINE VINCENT – Modification of assent to construct a residential boating facility to replace an existing structure that is not compliant with the authorizing Assent. The proposed facility is to consist of a 4’ wide by 118’ long fixed timber pier that leads to a ramp that leads to a 4’ by 20’ access float which leads to a 150 sf terminal float. Two tie-off piles are proposed 16’ outboard (ie west) of the terminal float. The most seaward element of the dock, the tie-off piles, lie 139 ft seaward of the cited MLW mark and the applicant seeks a variance to RICRMP dock length standard 300.4.E.3.l. Located at plat 69-2, lot 33; 311 Winchester Road, South Kingstown, RI.

2011-03-031 – NORTHERN WATERFRONT ASSOCIATES – Construct and maintain an access driveway and bridge for Weyerhouser Equestrian Center; bridge will span a contiguous coastal wetland. Located at plat 22, lot 2; plat 26, lot 10; Terminal Road, Portsmouth, RI.

2008-08-063 DAVID CUTTS, et al – Re-subdivide 7 existing lots into a total of 9 lots. Work involves widening road, road construction, installation of a fire protection cistern, drainage improvements and incidental work. Located at Quaker Hill Farm Road; plat 14, lots 128, 142, 143, 144, 151, 152, 153; Little Compton, RI.

Enforcement Action for Removal of Unpermitted Docks:

11-0056 VALARIE KOOLEN – Located at plat 13C, lot 156; 1 Libby Lane, Warren, RI

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

“Redbook” -- Section 300.4 – Recreational Boating Facilities

C.2 Residential Boating Prerequisites

(a) All applications for residential boating facilities shall be initially reviewed by the Executive Director or the Deputy Director. The Executive Director or the Deputy Director may refer any such application to the Council for a hearing if based upon the application on its face a determination is made that the proposed activity warrants a Council hearing.

(c) The subcommittee on residential boating facilities Executive Director or the Deputy Director shall, based upon the application and staff reports, make a determination that the application meets all the criteria as set out in Section 300.4.E.3 Standards for Residential Docks, Piers and Floats and any other applicable Council policy or procedures. If a determination is made by the subcommittee that all the above criteria are met, the application shall be processed as a Category A application.

(c) The subcommittee on residential boating facilities Executive Director or the Deputy Director shall, based upon the application and staff reports, make a determination that the application meets all the criteria as set out in Section 300.4.E.3 Standards for Residential Docks, Piers and Floats and any other applicable Council policy or procedures. If a determination is made by the subcommittee that all the above criteria are met, the application shall be processed as a Category A application.

(d) If a determination is made by the subcommittee that all of the above criteria are not met then the subcommittee shall refer the matter shall be referred to Council as a Category B application.

(e) The subcommittee Executive Director or the Deputy Director shall have the authority to consider and act upon variance requests to certain standards of this section pertaining to residential boating facilities. The subcommittee and shall utilize the criteria and requirements of Section 120 of this program in its evaluation of variance requests. Variances may be granted by the subcommittee.

(f) Variance requests to other standards of this section or to other appropriate and relevant sections of the CRMP must be made to the full Council. Variances shall not be considered by the subcommittee Executive Director or the Deputy Director if there is a substantive objection, in accordance with Section 110, to the application.

(g) Variances may be granted to all of the standards contained in Section 300.4.E.3 Standards for Residential Docks, Piers and Floats and Section 200.2.C.3 (Type 2 – Low Intensity Use) provided engineering, biological and other appropriate concerns have been addressed except for the following:

(1) the subcommittee Executive Director or the Deputy Director may not grant a variance to Section 300.4.E.3.k;

(2) the subcommittee Executive Director or the Deputy Director may only grant a variance to within eighteen (18) inches of the marsh grade standard (Section 300.4.E.3.g) provided engineering, biological, and other appropriate concerns are met; and

(3) the subcommittee Executive Director or the Deputy Director 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 fifty (50) foot standard (Section 300.4.E.3.l) provided engineering, biological, and other appropriate concerns are met.

Purpose: to provide consistency with Section 110 by removing references to the dock subcommittee

“Ocean SAMP”

Section 800 - Renewable Energy and Other Offshore Development

860.2.5 Application Requirements

1. For the purposes of this document, the phrase “‘necessary data and information’” shall refer to the necessary data and information required for federal consistency reviews for purposes of starting the Coastal Zone Management Act (CZMA) 6-month review period for federal license or permit activities under 15 C.F.R. part 930, subpart D, and OCS Plans under 15 C.F.R. part 930, subpart E, pursuant to 15 C.F.R. § 930.58(a)(2). Any necessary data and information shall be provided before the 6-month CZMA review period begins for a proposed project. It should be noted that other federal and state agencies may require other types of data or information as part of their review processes. The Council will monitor BOEMRE regulations for changes and will make appropriate changes as necessary to keep the informational requirements consistent as practical.

Purpose: to provide for consistency between BOERMRE regulation changes and OSAMP application requirements and to make requisite changes thereto as applicable.

Section 1100 - The Policies of the Ocean SAMP

1160.5 Application Requirements

1. For the purposes of this document, the phrase “‘necessary data and information’” shall refer to the necessary data and information required for federal consistency reviews for purposes of starting the Coastal Zone Management Act (CZMA) 6-month review period for federal license or permit activities under 15 C.F.R. part 930, subpart D, and OCS Plans under 15 C.F.R. part 930, subpart E, pursuant to 15 C.F.R. § 930.58(a)(2). Any necessary data and information shall be provided before the 6-month CZMA review period begins for a proposed project. It should be noted that other federal and state agencies may require other types of data or information as part of their review processes. The Council will monitor BOEMRE regulations for changes and will make appropriate changes as necessary to keep the informational requirements consistent as practical.

Purpose: to provide for consistency between BOERMRE regulation changes and OSAMP application requirements and to make requisite changes thereto as applicable.

Enforcement Report – June 2011

Category “A” List

CALENDAR INDEX

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

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