RICRMC Semi-Monthly Agenda 7/24/12

AGENDA
Semi-Monthly Meeting – Full Council
Tuesday, July 24, 2012; 4:00 p.m.
Conference Room A
One Capitol Hill
Providence, RI

Approval of the minutes of the previous meetings – June 26, 2012

Subcommittee Reports

Staff Reports

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

2012-04-048 CARL JACOBSON -- Construct and maintain a residential boating facility consisting of a 4’ x 97’+/- fixed timber pier that leads to a 3’ x 18’ ramp that leads to a 7.5’ x 20’ (150 sf) terminal float. The proposed facility is to extend 98’ seaward of the cited Mean Low Water mark and therefore a 48’ variance to RICRMP Standard 300.4.E.3.l is sought. Located at plat 69-2, lot 32; 307 Winchester Drive, South Kingstown, RI.

2012-05-034 RHODE ISLAND FAST FERRY -- Construct and maintain: revision to existing Fast Ferry berthing facility consisting of (1) new 12’ x 90’ “North Pier” 18’ x 20’ landing pier, and 8’ x 50’ gangway to existing 32’ x 132’ barge; (2) new 8’ x 480’ timber pier “South Pier”; (3) dolphin pile clusters. Located at plat 186, lot 12; 1347 Roger Williams Way, North Kingstown, RI.

2012-04-063 RHODE ISLAND ECONOMIC DEVELOPMENT CORPORATION -- Dredging between piers 1 & 2 to -32’ MLW, dredging the approach channel to -32’ MLW and along the bulkhead south of pier 1 to -25’ MLW. A total of approximately 260,000 CY will be dredged with disposal proposed at the RISDS (offshore). Locate at plat 192, lot 3 & plat 193, lot 4; Pier 2 and approach channels to Davisville at Quonset Business Park, North Kingstown, RI.

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

RI Coastal Resources Management Program – Management Procedures:

Revise Section 4.3 – Schedule of Fees; add new Section 4.3.10 as follows:

4.3.10. Transatlantic Cables: Consistent with RIGL 46-23 et. seq. and specifically 46-23-1(f)(2), the fee for transatlantic cables making landfall in Rhode Island shall be set at:

(a) Forty thousand dollars ($40,000) per annum per active cable; and,

(b) Two thousand five hundred dollars ($2,500) one time fee per inactive cable.

(1) The annual fee for existing active cables shall be assessed by the CRMC immediately upon enactment and pro-rated to the calendar year. All such subsequently CRMC-approved active cables shall be assessed at the time of approval and pro-rated to the calendar year. Inactive cable fees are due in full upon enactment.

(2) The annual fee shall be due on January 1 of each year.

(3) The fee schedule shall be re-evaluated every five (5) years.

(4) For purposes of this regulation a transatlantic cable is one that spans or crosses the Atlantic Ocean from Rhode Island to another country other than Canada or Mexico. It resides in, on or over Rhode Island’s submerged lands within the state’s three-mile limit.

(5) As further defined herein, an active transatlantic cable is a cable functioning and operating for its intended purposes. An inactive transatlantic cable is a cable which is not active and intended by its record owner to be permanently inactive. Inactive does not include temporary periods of inactivity for maintenance, repairs, replacement or other similar purposes.

(a) The record owner of an active transatlantic cable that makes landfall in Rhode Island
shall provide written notice to CRMC of the record owner’s termination of activity of an active submerged transatlantic cable that makes landfall in Rhode Island. Such notice shall be provided to CRMC within 10 days of such termination. Once a cable is considered inactive, the one-time fee shall become applicable in the next calendar year; and,

(b) The record owner of an inactive transatlantic cable that makes landfall in Rhode Island will provide written notice to CRMC of the record owner’s reactivation of an inactive submerged transatlantic cable that makes landfall in Rhode Island. Such notice shall be provided to CRMC within 10 days of such reactivation.

(c) If there is a change in ownership the record owner shall notify CRMC of the change in ownership and who the new record owner is within 30 days of the change.

Purpose: To require an annual fee for active transatlantic cables making landfall in Rhode Island in accordance with R.I.G.L. § 46-23-1(f)(2).

RI Coastal Resources Management Program - Redbook

Revise Section 210.1.C Coastal Beaches/Policies; add new Section 210.1.C.4(b)(10) as follows :

4(b)(10) - Vehicles are prohibited from entering areas which have been closed through signage and/or roped-off for the protection of beach nesting bird species including Federally-protected Piping Plover and State listed Least Tern. Such closures may occur on a temporary basis from April through August and are established on an as-needed basis by the U.S. Fish and Wildlife Service based on nesting activity in the area. Information regarding such closures may be obtained by calling the US Fish and Wildlife Service at (401) 364-9124 or the CRMC at (401) 783-3370. Vehicles are also prohibited from entering areas closed though signage and/or roped-off to promote dune restoration, invasive species control and dune or beach revegetation efforts.

Purpose: To add vehicular management requirements on coastal beaches in coordination with the U.S. Fish and Wildlife Service management and protection efforts for federally-protected beach nesting bird species, specifically Piping Plovers and Least Terns.

Revise Section 210.2.C Barrier Islands and Spits/Policies; add new Sections 210.2.C.10 and 11 as follows:

10. All policies contained in RICRMP Section 210.1 Coastal Beaches regarding beach vehicle use on coastal beaches shall apply to beach vehicle use on barrier islands and spits.

11. The CRMC does not require annual beach vehicle permits on the barrier spits of Seapowet Marsh and Point Fishing Area and Fogland Beach; both in Tiverton. Both spits are composed primarily of beach cobble and are excluded from an annual beach vehicle permit requirement.

Purpose: To cross-reference management policies for vehicular use on coastal barriers as provided in other sections of the coastal program and clarify where annual beach vehicle permits are required.

Enforcement Report – May 2012

Category “A” List

CALENDAR INDEX

RI Coastal Resources Management Council