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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, November 29, 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
Patricia Reynolds
Paul Beaudette

Staff Present
Grover Fugate, Executive Director
Jeffrey Willis, Deputy Director
Richard Lucia, Spv. Civil Engineer

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. Beaudette motioned for the approval of the minutes from the October 11, 2016 Semimonthly meeting and October 25, 2016 Semimonthly Meeting; seconded by Mr. Gomez. Motion carried on unanimous voice vote.

3. STAFF REPORTS

Mr. Fugate reported the following to the Council:

Coastal Environmental Risk Index (CERI) article in the Providence Journal on Sunday, November 27, 2016; There was a press event held on Friday, November 18, 2016, for Salt Pond Restoration project in Charlestown in Ninigret Pond. The restoration project will involve using a thin layer of dredge deposit that is taken from the breachway and settling ponds, placing the deposition on the marsh in order to elevate marshes thereby helping to keep up with sea level rise;

Thursday December 1, 2016 CRMC will be having a Beach SAMP Stakeholder meeting at URI Bay Campus at 6:00 p.m. Chris Hatfield, USACOE will speak about the elevation project which will elevate approximately 341 residential structures in Rhode Island from Westerly to Narragansett. Mr. Gomez mentioned that there was an editorial about this project suggesting that tax payers would be shouldering the cost to raise houses. Mr. Fugate explained that the ACOE would pay 65% of the cost using Federal funding and that the homeowner would potentially pay the remainder using low interest or no interest loans extended over a longer period of time for the other 35% of the coast.

Mr. Gomez reported to the Council that the project at Seapowet in Tiverton has started. Machinery is on site to construct a parking lot and also work is underway on an improvement project at the Seapowet Marsh Wildlife Management Area in Tiverton to restore degraded coastal habitat.

4. SUBCOMMITTEE REPORTS

None were heard.

5. Applications which Require Public Hearing for Special Exception before the Full Council for Decision:

2016-08-069 TOWN OF TIVERTON-- Rehabilitation of bridge abutment (remnants of Old Stone Bridge Approach Tiverton Side) including reconstruction of north side wall, pavement structure and stormwater BMP. In accordance with RICRMP 300.10.D a Special Exception is required for the filling of the coastal feature and tidal waters. Located at plat 305, lot 105; 0 Old Stone Bridge Approach, Tiverton, RI.

Anthony DeSisto, Esq. recused himself as he is the Town of Tiverton’s Solicitor. John Longo, Esq. acted in his place.

Mr. Lucia gave a brief explanation of application to the Council explaining that the project required a Special Exception for filling on the coastal feature and in tidal waters. Mr. Lucia explained that the project would include driving sheet piles in front of the wall and fill in the void as well as underneath the abutment wall. Mr. Lucia also explained that concrete would be poured to provide a footing. Mr. Lucia explained that the structure which connected two abutments from Tiverton to Portsmouth, dating back to the 1920s was destroyed by Hurricane Carol in 1954 and was never rebuilt. Mr. Lucia stated that CRMC staff recommended approval of the project and does not have any objections to the granting of the Special Exception as it will provide public access to the shoreline. Mr. Lucia explained that some minor changes needed to be made to the stormwater treatment system in order for the RIDEM Water Quality Certificate to be issued. Mr. Lucia explained why the application could not be considered under a maintenance application, stating that the application was going seaward by 3-4 feet with the sheetpile wall. Mr. Gomez explained that the area has been used by fishermen and that it is an eyesore and possibly a safety issue. Mr. Gomez asked if there was a reason why the Town chose this option as opposed to another alterative. Mr. Lucia explained that other options would have increased the footage seaward and this option was the most cost effective for the Town.

Chair Livingston called to open the public hearing.

Jeffrey Peterson, Sr. Soil and Wetland Scientist with VHB, and Brett Pelletier, current member of the Tiverton Town Council (until the end of that evening’s Tiverton Town Council meeting) were sworn in and identified themselves for the record.

Mr. Pelletier explained that the Town is hopeful that the project would begin in the Spring of 2017. Mr. Pelletier explained that six moorings needed to be moved to access the north side and that staging on the South side has the potential interrupt the beach season a little but that they are confident they will be able to manage the traffic that would be impacted due to the parking lot. Mr. Pelletier explained that most people have been very supportive

With no further comments being heard, Chair Livingston closed the Public Hearing.

Mr. Gomez motioned to approve with staff stipulations confirming for Mr. Longo, based on the testimony heard, that he was satisfied that the project meets a compelling public purpose; that all reasonable steps had been taken to minimize the environmental impact and reduce conflict; and that there are no reasonable alternatives or means to achieve this public purpose. Mr. Coia seconded the motion for the same reasons.

Mr. Longo conducted a roll call vote for the approval of the Special Exception.

Mr. Affigne Yes
Mr. Gagnon Yes
Mr. Beaudette Yes
Ms. Reynolds Yes
Mr. Coia Yes
Mr. Gomez Yes
Chair Livingston Yes

Motion carried.

Mr. Coia motioned to approve the application based on the testimony presented, the criteria necessary to meet it and staff comments in evidence this night. Mr. Gomez seconded the motion.

Motion carried on a unanimous voice vote.

6. DWW Presentation, Discussion & Approval for the Commercial Operation of the Block Island Wind Farm – Ted Hoffbauer, CVA with ABS

Mr. Fugate explained to the Council that the Deepwater Wind Project, prior to commencing commercial operations, needed approval from Council to move forward. Mr. Fugate explained that the approval would be provisional as some closeout documents are still being reviewed as part of the commissioning process. Mr. Fugate stated that they would come before the Council to make sure there are no other issues associated with the closeout documentation. Mr. Fugate stated that Chris vanBeek was present to talk about some repairs being done to Turbine 2 and to give a status update on the Wind Farm.

Mr. vanBeek distributed a packet of photographs:

1. Completion of the wind farm;
2. Showing the coexistence of the wind farm with commercial fishing;
3. Wind farm and substation
4. Grover Fugate and Dave Beutel on top of the turbines
5. Council member Tony Affigne and his daughter at the top of Turbine #2
6. Wind Farm without construction vehicles.

Mr. vanBeek explained that commercial fishing vessels are fishing in the area of the wind farm and explained that methods for protecting both the wind farm and the fishing equipment have been put in place. Mr. vanBeek confirmed that the meter is working and that National Grid and ISO New England are monitoring how much power is produced and they are getting compensated for the power; test power at the moment but as soon as all approvals and certifications are received from National Grid and ISO New England, contract compensations will be paid to DWW.

Mr. vanBeek explained that Turbine #2 construction is completed and the structural integrity is sound; however, he informed the Council that there is an issue with the generator of number 2. Mr. vanBeek confirmed that the issues with Turbine #2 will have no effect on declaring operation of the farm.

Mr. Fugate confirmed that he would work with DWW on the Operation and Management schedule.

Ted Hofbauer, CVA from ABS, confirmed that ABS has continued to observe the commissioning process. Mr. Hofbauer stated that they are involved in the maintenance of Turbine #2. Mr. Hofbauer stated that they continue to review the final commissioning documents and installation documents. Mr. Hofbauer stated that ABS is in agreement with provisional acceptance of the project subject to the final review and final approval which will depend on a few outstanding issues but he assured that he was in favor of the Council granting DWW a final operational approval.

Mr. DeSisto read a statement from Mr. Hofbauer into the record.

Mr. Hofbauer stated that a final report will be submitted by Deepwater Wind after ABS has agreed what is being submitted is correct and complete.

Chair Livingston asked for a motion for the approval of the commercial operations of the Deepwater Wind Project.

Mr. Affigne motioned to approve the Deepwater Wind – Block Island Wind Farm for Commercial operation as the project had satisfied CRMC’s requirements and stipulations. Mr. Beaudette seconded the motion.

The motion carried on a unanimous voice vote.

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

2015-05-081 CAROL PAYNE -- Increase the vessel capacity of the existing marina approved by CRMC Assent B1992-02-018 (as modified) from the 10 vessel capacity currently authorized to a vessel capacity of 15 boats (a 50% increase). The additional vessels will be located within the existing CRMC approved Marina Perimeter Limit. Located at plat 5, lot 104; 40 Ocean Avenue, New Shoreham, RI.

Mr. Lucia gave a brief overview of the project stating that marina was requesting to increase vessel capacity to 15 vessels with no expansion of their Marina Perimeter Limit. Mr. Lucia stated that all work would be on the landward side of the floats. Mr. Lucia stated that the marina had a Water Quality certification for 15 vessels and that parking meets CRMC requirements. Mr. Lucia stated that during the review of the plans there was an indication that the water depth had increased by two feet from the previous plan submitted in 1994 which staff is unable to explain. Mr. Lucia stated that staff was recommending stipulations that an Operations and Maintenance (O & M) Plan be submitted within 90 days of the issuance of the assent. Mr. Lucia also stated that the applicant would be required to provide a sanitary facility (such as a porta-potty). Mr. Lucia explained that no objections were received during the Public Notice period, that no variances were required and that staff recommend approval with their stipulations. Mr. Lucia stated that there was no limitation on the size of the boats but because of the marina’s size, location and water depth, the boats cannot be too large. Mr. Lucia explained that because the marina is grandfathered there was not requirement to have an O&M Plan but that staff was making it a stipulation of this permit. Mr. Willis stated that because the expansion is greater than 25%, there is a requirement for an O & M plan.

Mr. Beaudette asked about a past violation on the property. Mr. Lucia stated that the application was submitted to resolve a violation.

Mr. Beaudette asked why the O&M plan will be a requirement after the assent is granted. Mr. Fugate explained that CRMC puts a timeframe on the applicant after the approval so that they do not go through an unnecessary exercise without knowing whether they will get an approval.

Mr. Beaudette inquired about the sanitary facilities and the walking distance for the nearest facility. Mr. Willis explained that the Porta-Potty would be a temporary fix and that the marina owner would be applying for bathroom facilities for their marina which would be an administrative assent in the office.

Ms. Carol Payne and Mr. Christopher Willi were both sworn in and identified themselves for the record.

Mr. Gomez asked how boats got in the water for their facility. Mr. Willi stated that there was a boat ramp located in the area but not a part of their facility. Mr. Willi stated that the largest boat in the facility was no bigger than 26’ and that the majority of the boats were under 20’.

Ms. Payne stated that as part of an estate settlement, she had inherited the marina in 2010. Ms. Payne stated that they had added finger piers in 2012. Ms. Payne stated that the majority of the customers were from the island. Ms. Payne stated that they had submitted a preliminary determination request for the sanitary facilities.

Mr. Lucia confirmed for Mr. Gomez that the sanitary facilities would be in place from May to November.

Mr. Gomez made a motion to approve the application with staff recommended stipulations. Mr. Coia seconded the motion.

Motion carried on a six to one vote with Mr. Beaudette in opposition.

9. ADJOURN

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

Motion carried on unanimous voice vote. Meeting adjourned at 7:15 p.m.

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX

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