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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, October 25, 2016 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Anne Maxwell Livingston, Chair Raymond Coia
Ron Gagnon, DEM Rep
Don Gomez
Tony Affigne
Jerry Sahagian
Joy Montanaro
Michael Hudner
Patricia Reynolds
Paul Beaudette

Staff Present
Grover Fugate, Executive Director
Jeffrey Willis, Deputy Director
David Beutel, Aquaculture Coordinator
Tracy Silvia, Prin Environmental Scientist
Caitlin Chaffee, Coastal Policy Analyst Anthony DeSisto, Legal Counsel

 

1. CALL TO ORDER

Chair Livingston called the meeting to order at 6:00 p.m.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Livingston called for approval of the minutes from the previous meeting. Mr. Gomez asked for changes in the minutes to reflect a better understanding of the Blount Payson application. Chair Livingston suggested a rewrite and that the minutes would be approved at the next meeting.

3. STAFF REPORTS

Mr. Fugate reported the following to the Council:

The Wind Energy Association held a Conference at the Crowne Plaza which was well attended both nationally and internationally. The Council was recognized many times for the Ocean SAMP and the wind farm.

A meeting was held with the ACOE last week. Reports are being drafted regarding Flood control projects that would help alleviate flooding in affected areas of RI by elevating structures – Westerly to Narragansett. ACOE report was released in which CRMC is a co-signatory to that study and to another study for all of Narragansett Bay. This is a 60 million dollar project in which the ACOE would pay 65% of the elevation of structures. We believe there should be more houses that could be eligible for the project. Mr. Fugate stated that CRMC and ACOE are working closely with the Governor’s office to see about the funding for the other 35%. The final report will be written after the comment period. Study design will come next. Engineers will look at each home to see what can be done and how to elevate each house. ACOE is in a rush to get things done and would like to begin in 2017-2018. The project will significantly improve the situation for these homes regarding flood elevation. Flood insurance obligations and rates will drop. Mr. Gomez asked how the project would affect CRMC staff, suggesting an increase in engineering positions. Mr. Fugate stated that the staff would be working with local communities perhaps sharing responsibilities. Ms. Montanaro asked about the cost to the homeowner. Mr. Fugate stated that the homeowner would absorb 35% of the cost which would eventually decrease their flood insurance payments.

Providence Journal will run a front page article on Coastal Environmental Risk Index (CERI)

Anthony DeSisto on Superior Court Decisions:

Kevin and Suzanne Delane vs CRMC – Court upheld Council Decision.

Michael and Leigh Eddy vs CRMC – Judge McGurl declared that CRMC staff acted properly in gathering evidence as CRMC assents grant authorization for entry on land.

4. SUBCOMMITTEE REPORTS

None were heard.

6. DWW PRESENTATION – Ted Hoffbauer, CVA with ABS

FDR and FIR for 2016

  • All completed and all issues have been resolved
  • In receipt of final installation records as well as final commissioning records.
  • All turbines have gone through the installation and commissioning.
  • Grid connection in November, 2016.
  • Next steps
    • Reviewing installation and commission reports and Final inspection of turbines
    • Final report
    • Mr. VanBeek confirmed that processes are going very well; very happy with situation; people are positive about the project
  • Council Member Tony Affigne
    • Gave a presentation on his field trip October 7, 2016 to Turbine site where he climbed to the top of turbine #2

7. Applications requesting Modification to CRMC Assent before the Full Council for Decision:

2015-09-105 WALRUS & CARPENTER OYSTERS LLC– Add sugar kelp to the species that can be cultured at this site. Kelp is grown during the winter and harvested in the spring. Located in existing aquaculture lease in Dutch Island Harbor, Jamestown, RI.

Mr. Beutel gave a brief overview of the application stating that the Council had approved the aquaculture site on May 10, 2016. Mr. Buetel stated that the Mr. Opton Himmel requested a modification of assent to grow sugar kelp on his site which is relatively new in RI. Mr. Beutel explained that the application was before the Council due to objections to aquaculture lease, not the addition of sugar kelp to the lease. Mr. Beutel explained that the kelp would be grown on a submerged long line anchored on each end that is suspended on a line. Mr. Beutel explained that kelp grows up towards the surface and is a winter crop; so the modification to the lease would specify the addition of kelp in November 1; harvesting in April and gear removed by May 1.

Chair Livingston asked if the Council would see more kelp application in the future. Mr. Beutel stated that he would recommend the applicant add everything they want to grow in their original application.

Mr. Gomez asked why sugar kelp. Mr. Beutel stated that it is the only kelp species native to RI. And that there is a region wide promotion to grow kelp and it is being promoted as a food product.

Mr. Opton-Himmel was sworn in and identified himself for the record. Mr. Opton-Himmel stated that he had been in business for 7 years and that he employed 6 people. Mr. Opton-Himmel stated that with the kelp addition to the site, it would provide a source of work to keep people employed year round. Mr. Opton-Himmel stated that kelp uses excess nitrogen which is in estuaries already and is a low impact addition as it does not need to be fed. Mr. Opton-Himmel confirmed that kelp is a winter crop stating that user conflicts are eliminated as the kelp gear would be removed for the summer months. Mr. Opton-Himmel explained that his staff and lease supporters were available to speak on his behalf. Mr. Opton-Himmel explained that kelp is a 5 billion dollar industry globally with farms in Maine and one person in CT growing kelp. Mr. Opton-Himmel stated that there is a hatchery conducting researched to spawn it. Mr. Opton-Himmel stated that he would need to acquire the kelp spawn; the process would not begin until after November 1 but that the infrastructure was already in place. Mr. Opton-Himmel would check the site every two weeks as kelp is an extremely low maintenance species.

Mr. Gagnon asked if kelp had natural predators. Mr. Opton-Himmel stated that sea turtles liked kelp but that there are very few sea turtles in the area. Mr. Beutel stated that echinoderm phylums (sea urchins) also liked kelp.

Ms. Reynolds asked about the equipment used. Mr. Opton-Himmel stated that the infrastructure would be a half inch line attached to our already placed aquaculture apparatus.

Commenters/Objectors:

Mr. Andrew Nota, Jamestown Town Administrator, was sworn in and identified himself for the record. Mr. Nota explained that he was attending on behalf of the Town Council based on concerns raised by the residents of the Town but that it was not the Town’s intent to object. Mr. Nota maintained that the Town of Jamestown remained open and in full cooperation with the aquaculture community and that the Town recognizes the importance of the growth of the industry and they support that initiative. With that said, Mr. Nota explained that the Town had been in receipt of comments from local residents explaining their concerns with the density of the field, interference with recreational use, an increase in trash on shoreline and the proximity of the apparatus to the shoreline. Mr. Nota stated that the final item of concern was/is proliferation of surface equipment and surface visual as aquaculture is taking a different look due to lease owners preferring floating cages for their operation. Mr. Nota stated that the Town is hoping that as the conversation continues in future years between residents on the shoreline within the envelope of the CRMC, the aquaculture application process will make sure their interests are heard and considered. The Jamestown Town Council is hoping is that there is recognition to balance everyone’s interests in future aquaculture applications.

Mr. Hudner expressed appreciation for Mr. Nota’s position as well as his input and comments but reiterated that this meeting was not the open forum required for the discussion on aesthetics of aquaculture farming as it was not relevant to this particular application to modify an existing site.

Chair Livingston allowed comment.

Mr. Affigne suggested that the Jamestown Town Council convene a study group and present findings to CRMC.

Alan Katz was sworn in and identified himself for the record as an objector to the addition of kelp and its effect on sea grasses and the effect of the depletion of nutrients on other native species. Mr. Katz suggested moving the leases more offshore. Mr. Katz authenticated and submitted photos which Mr. DeSisto marked as Objector 1.

Rene McCooey was sworn in and identified herself for the record as an objector to the additional safety issues as well as existing safety issues for kayakers that could become caught in the lines eliminating the entire area for recreational use.

Mr. Gomez motioned, seconded by Mr. Hudner, to approve the modification based on the staff report and findings therein. Chair Livingston added the timeframe of November 1 to April 30 for work to be begun and completed.

The motion carried on unanimous voice vote.

8. Applications which have been Out-To-Notice and are before the Full Council for Decision:

2015-08-087 JAN JUSKO -- extend existing residential boating facility ~64’ seaward for a total distance of ~51’ seaward of the cited MLW mark. The existing facility was permitted under #1994-09-146. The proposed extension includes a 4’ x 26’ fixed pier, 3’ x 20’ ramp and a 7.5’ x 20’ (150sf) terminal float. Located at plat Y-1, lot 55; 70 Flint Stone Road, Narragansett, RI.

Ms. Silvia gave a brief overview of the application to the Council stating that the applicant had submitted a new application to modify an existing dock as the additional length proposed went beyond the scope of a modification application. Ms. Silvia stated that the original approval given for the dock was during the timeframe of CRMC approving pre-existing residential boating facilities. Ms. Silvia stated that the current final plans were to remove the existing landing and construct a 4’ wide fixed pier out to ramp and float. Ms. Silvia stated that the applicant was requesting a one foot (1’) length variance to have 3’ of water depth which is consistent with nearby facilities. Ms. Silvia stated that the existing facility is located next to the eastern property line requiring a 6’ sideline variance as the applicant cannot get a sign-off from the abutting property owner. Ms. Silvia stated that the public notice period ended and no written objections came in, therefore, staff recommended no objection to the approval of the modification to the existing facility. Ms. Silvia confirmed that the existing grandfathered pier will remain but the terminus will be removed and a new pier would be constructed 4’ seaward from the original structure.

Mr. Fugate explained the “Grandfather” standards.

Nick Gorham, Esq., legal counsel for the applicant, was present. Mr. Gorham explained that he did not have the ability to bind the applicant but was there to represent the applicant due to the lack of letter of no objection from the Surdut family for the sideline setback variance.

Mr. Fugate explained that the applicant may need to be present if the Council decides to approve something other than what the applicant asked for.

Mr. Gorham explained that Mr. Surdut, who was presenting his father, the abutting land owner, stated that the abutter was more concerned with the distance between the floating dock at the end and his dock at this end. Mr. Gorham stated that the estimate of the distance between the terminuses of each dock is at least 60’ as measured by engineer. Mr. Gorham stated that he was putting the measurement on the record.

Ms. Silvia confirmed for Mr. Coia that the final plan set accurate. Mr. Gorham, explained that a new plan set would be submitted as the engineer mistakenly used his MA stamp but would submit a plan set with his RI stamp.

Mr. Coia motioned, seconded by Mr. Beaudette, for the approval of the application.

The motion carried on unanimous voice vote.

8. COASTAL EDUCATION SERIES

Robin Weber, Narragansett Bay National Estuary Research Reserve joined by Caitlin Chaffee, CRMC Coastal Policy Analyst.

  • Climate Change Vulnerability Assessment Tool for Coastal Habitats (CCVATCH)

9. ADJOURN

Chair Livingston reminded Council Members that there would not be a meeting on November 8th due to Election Day.

Mr. Coia motioned, seconded by Mr. Beaudette, to adjourn.

Motion carried on unanimous voice vote. Meeting adjourned at 7:00 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX

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Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
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