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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, February 28, 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
Patricia Reynolds
Paul Beaudette
Jerry Sahagian
Tony Affigne
Joy Montanaro

Members Excused
Mike Hudner

Staff Present
Grover Fugate, Executive Director
Jeffrey M. Willis, Deputy Director
David Beutel, Aquaculture Coordinator
Caitlin Chaffee, Coastal Policy Analyst
Anthony DeSisto, Legal Counsel
John Longo, 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. Paul Beaudette motioned for the approval of the minutes from the December 13, 2016 Semimonthly meeting; seconded by Mr. Gomez. Ms. Montanaro asked to be added as “Present.” Motion carried on unanimous voice vote.

3. STAFF REPORTS

Mr. Fugate reported the following to the Council:

  • Jennifer McCann, URI and he have been given the Peter Benchley award for their work on Ocean SAMP and Regional Ocean Plan for Mid-Atlantic and Northeast
  • The Government of Nova Scotia asked for assistance in developing their tidal energy project. He and David Beutel went to Halifax and worked with the Government of Nova Scotia and their Department of Fisheries and Oceans.
  • There have been meetings held to discuss the dredging of Waterfire. Dan Goulet, CRMC, has come up with a way to do it but still working out expense/cost is still being discussed.
  • Governor’s budget will include $250,000 to be given to Council to undertake a Bay Special Area Management Plan. URI also received a grant to work on the SAMP with CRMC.
  • Another 10.2 million dollars granted for the Providence Harbor Dredging Project as the channel is starting to silt in again. Rather than let it get bad, CRMC has partnered with the ACOE to develop a dredge project. The 10.2 million comes in from previous money. The new project should go for another 10 years.
  • An Enforcement Order was issued for National Grid for the noncompliance of cable burial depth. The National Grid has a crew doing surveys to see the condition of the cable
  • There are two major offshore Wind Projects in Federal Waters that have been in to meet with CRMC:
    o Massachusetts and Danish Oil and Natural Gas (DOAN Energy). CRMC is involved as part of the project is in RI waters.
    o Deepwater 1 is also a federal project that will potentially come into the bay. Federal Consistency required for entire project as it is within OSAMP planning area.
  • A new Sea Level Rise project released in January by NOAA reflecting studies on the ice sheets in Greenland and Antarctic
  • A meeting on ACOE Elevation Project to be held on March 21. The 60 million dollar project is moving forward to elevate structures on the south shore.
  • Jim Boyd is in the process of recodifying our Management Program (Redbook) as directed by formatting modification project has to be done by 2018 anything not done will cease to exist.
  • National Grid has project before us through Federal Consistency for LNG facility in the Port of Providence. National Grid has agreed to extend our review process to June 15th... Staff will prepare reports for Council’s review. Mr. Fugate explained that the project would shift how the tank is refueled. Mr. Fugate confirmed that the CRMC had a comment period on the application and that we received many comments and objections most of which were not helpful but a series of comments that came in were much more substantive and National Grid is preparing a document to address the concerns. Mr. Fugate explained that two full Council meetings will be set aside for this project. Mr. Affigne asked about the Ports and Harbors Subcommittee review possibility. Mr. Fugate stated that staff is waiting for the draft EIS to complete their reports and that with the limited time for review of this project a subcommittee review would not have enough time – the more efficient way would be to bring it before the Council. The two meetings will be held on Tuesday, April 25th and Tuesday, May 9th.

4. SUBCOMMITTEE REPORTS

None were heard.

5. Block Island Wind Farm/DWW Presentation – Thomas Adams, CVA with American Bureau of Shipping (ABS); Also present was Rain Byers, Project Manager. Mr. Adams stated he will be the representative for closing out the installation phase of the project. Mr. Adams stated that all the DCS comments on the FDR and FIR are closed out and ABS is preparing their final reports. Mr. Adams stated that the installation process is complete along with the pressures, wind turbines and exports cables and that ABS is awaiting the final installation, as-built record and quality records from Deepwater Wind to close out the CBA reviews. Mr. Adams stated that the generator on Wind Turbine 2 has been repaired. Mr. Adams stated that they are in the process of collecting all final commissioning records from Deepwater. Mr. Adams stated that the final walk down would be the first week in March (weather permitting). Mr. Adams briefly explained the nature of a second issue with Tower Two on a transition piece and tower flange. Mr. Adams finished by saying that all the steps of the process are complete and they are just waiting for final documentation and reports.

Mr. Fugate explained that ABS has issued a conditional certification as they are reviewing all materials and documentation; when that is done they will issue the Final Certification. Mr. Fugate also explained that the OSAMP requires that a CBA be retained throughout the entire life of the project to review and report. Mr. Fugate stated that they are meeting with DWW to create the O&M schedule.

Paul Murphy from Deepwater Wind briefly addressed the Council regarding the minor issue with Turbine Two. Mr. Murphy stated that the Wind Farm is not connected to Block Island as of yet but is being exported to South County. Mr. Murphy explained that Block Island was fueling their energy with diesel at the moment but that the issue is between National Grid and BIPCO.

Discussion on Deepwater 1 and future plans.

6. Coastal Habitat Restoration Trust Fund Applications Before The Council For Review And Decision:

The projects recommended for full funding are:

  1. Factory Brook Fishway ($40,000)
  2. Evaluation of strategies to facilitate salt marsh migration ($20,424)
  3. Build-out of intensive Tier 3 salt marsh monitoring in Rhode Island ($19,427)
  4. Seapowet Creek Saltmarsh Enhancement and Coastal Restoration ($19,242)
  5. Eelgrass Tier 1 Accuracy Assessment and Monitoring ($17,982)
  6. Revegetation and Slope Stabilization in Blackstone Park Conservation District ($5,000)
  7. Urban Habitat Restoration Pilot ($4,700)
  8. Improving Coastal Resiliency at Longmeadow Coastal Access Site ($4,225)

The projects recommended for partial funding are:

  1. Improving Fish Passage at Bradford Dam ($64,000)
  2. Barrier Beach Protection and Plant Community Restoration in the Napatree Point
    Conservation Area ($15,000)
  3. Restoration of Diamondback terrapin (Malaclemys terrapin) nesting habitat on the
    Potowomut River ($15,000)

The projects not recommended for funding are:

  1. Tunipus Pond Marsh Restoration Project
  2. Garden Pond Marsh Restoration Project

In addition, the committee has created a contingency list of projects to be funded in the event that a project recommended for funding is unable to go forward or the requested funds are not needed due to unforeseen circumstances.

2016-2017 Contingency List:

  1. Improving Fish Passage at Bradford dam (remainder needed for construction)

All proposals are evaluated and ranked using standard criteria and an evaluation form developed by the TAC, available on the CRMC website at http://www.crmc.ri.gov/habitatrestoration.html.

CRMC Coastal Policy Analyst, Caitlin Chaffee, gave a brief overview of the process explaining that the Coastal and Estuarine Habitat Trust Fund is a $225,000 annual allocation from the oil spill prevention and response State account which gives CRMC the authority to distribute to habitat restoration projects. Ms. Chaffee explained the review and decision process. Ms. Chaffee stated that over the last 14 years, and with the inclusion of this year’s projects, the Council will have made 121 awards totaling $3,225,000 with additional leveraging in federal and other state funding.

The Manton Pond Fishway on the Woonasquatucket River and the Seapowet Point project for marsh migration in Tiverton are completed.

Ms. Chaffee explained that 13 projects were reviewed this past year and, through a meeting of the Technical Advisory Committee, they recommended 11 projects for funding:

  • Two fish passage projects
  • Core projects related to saltmarsh
  • Three upland coastal buffer projects
  • One dune restoration
  • One eel grass habitat.

Ms. Chaffee explained that all the information on the above referenced projects was included in the Council Agenda packages and that she would answer any questions the Council had.

Chair Livingston asked about project follow up. Ms. Chaffee stated that a standardized progress report that applicants will submit and then a final report when the project is completed explaining how the allocated money was spent, how much of the budget was left and what actions were undertaking with the funding. Mr. Fugate added that there is a monitoring program built into the projects.

Mr. Beaudette asked about the Matunuck Schoolhouse project. Ms. Chaffee explained that the DEM would be the recipient of the awarded funding. The DEM acquired and easement from the private property owner and DEM would do the work.

Mr. Sahagian asked Mr. Fugate if he agreed with Ms. Chaffee’s recommendations. Mr. Fugate agreed.

Mr. Sahagian, for discussion purposes, motioned for the approval of Ms. Chaffee’s recommendations. The motion was seconded by Mr. Beaudette.

The motion carried on a unanimous voice vote.

Legal Counsel transfers from Anthony DeSisto to John Longo.

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

2016-06-099 RIDEM/DIVISION OF FISH & WILDLIFE – Construct and maintain: a 2.95 acre oyster reef as part of a research program for finfish enhancement. Please note that three locations are proposed for Quonochontaug Pond. This notice is for the easternmost reef area (#3) in the eastern Quonochontaug Pond Spawner Sanctuary. Located in Quonochontaug Pond, Charlestown, RI.

2016-06-100 RIDEM/DIVISION OF FISH & WILDLIFE – Construct and maintain a 2.94 acre oyster reef area for research concerning finfish enhancement in Quonochontaug Pond. This is area #2 on the attached map and is part of the three separate proposed research reef areas. Located in Quonochontaug Pond, Charlestown, RI.

2016-06-101 RIDEM/DIVISION OF FISH & WILDLIFE – Construct and maintain a 2.92 acre area to create oyster reefs and conduct research on the growth and survival of local finfish. This notice is for one of three restoration sites proposed for Quonochontaug Pond. Located in Quonochontaug Pond, Westerly, RI.

As the Council representative from the RI DEM, Mr. Gagnon recused himself.

Mr. Beutel gave a brief overview of the three applications for the Council using a power point presentation. Mr. Beutel pointed out and described each site on aerial projection.

Mr. Beutel stated that RIDEM researched 16 different sites before settling on the three submitted.

Mr. Beutel stated that the RIDEM is using the project as research to look at fish enhancement. Mr. Beutel explained, using photos, that the junior oysters will be set on top of the oyster shells that are placed on top of reef to create habitat for fish enhancement.

Mr. Beutel explained the Reef design stating that each reef was 6 meters in diameter and would sit 1’ below water surface at low tide.

Mr. Beutel confirmed that there were areas where eel grass was in the past but that when surveyed there was none on the site.

Mr. Gomez asked what the expected outcome would be at the projects end. Mr. Beutel stated that hopefully the sites will have been successful in fisheries enhancement and learning whether these artificial reefs work towards that enhancement. Mr. Beutel stated that harvesting oysters in Quonnie Pond was prohibited but agreed with Mr. Gomez that increased oyster presence may be helpful in water quality improvement.

2016-06-099 – Parcel #3.

Mr. Beutel explained that the application received one letter of objection which was signed by 19 people and emails of objection were also received. Mr. Beutel explained each objection and addressed each issue stating that the reefs were very small and at this site is within a very rocky area. Mr. Beutel stated that there is no pending permit for riparian dock in this location. Mr. Beutel stated that RIDEM met with objectors. Mr. Beutel stated that based on review of the application and his site investigation, he was recommending approval for this site.

Mr. Beutel confirmed for Mr. Beaudette that no harvesting of oysters was permitted unless for pre and post comparison. Mr. Beutel also stated that baseline studies have been conducted.

Mr. Beutel confirmed that marker buoys were to be placed around the project area.

Eric Schneider, Marine Biologist with the RIDEM Marine Fisheries was sworn in and identified himself for the record.

Mr. Schneider explained that the goal of project is to try to evaluate whether or not oyster reefs can be used as a tool to enhance fish. Mr. Schneider stated that they had been successful in the Mid- Atlantic area but has not been used in temperate North East. Mr. Schneider stated that this is the starting point to determine the effect on the environment and habitat.

Mr. Gomez asked if ground work was done on current fish population. Mr. Schneider explained RIDEM’s process of assessment and monitoring surveys for juvenile fish which is done in all coastal ponds.

Ms. Reynolds asked about the timeline for positive results in other areas. Mr. Scheider stated that further south some positive results were seen with one year but that we would probably see it within two to three years.

Chair Livingston asked to hear from Objectors – there were no objectors.

Jon O’Brien of The Nature Conservancy, co-applicant in the project, stated that Mr. Beutel and Mr. Schneider presented all that needed to be presented and looked forward to a positive outcome.

Mr. Gomez motioned, seconded by Mr. Sahagian, motioned for approval of Site #3. The motion carried on a unanimous voice vote.

2016-09-100 – Parcel #2 and 2016-09-101—Parcel #1

Mr. Beutel stated that Parcel #2 had received and objection from Charlestown Coastal Pond Oyster Association based on their fear that the area would be closed to shellfish harvesting. Mr. Beutel confirmed that the DEM clearly stated that they have no intention of closing the area to harvest of shellfish.

Mr. Beutel stated that he did not feel it was within the CRMC’s regulatory parameters to stipulate closure or non-closure of the harvesting of oysters; it was RIDEM’s purview.

Mr. Schneider stated that there is a moratorium of harvesting oysters in the pond at this time throughout the pond, oysters on reef cannot be taken. Mr. Schneider followed up by stating that there is no intention of excluding or precluding the harvest of shellfish around the area. Mr. Schneider confirmed that there would be public notice if a closure was necessary.

Mr. Sahagian motioned, seconded by Mr. Gomez, for the approval of Parcels #1 and #2. Mr. Longo asked if anyone wanted to speak on Parcel #2. No one spoke.

Motion carried on a unanimous voice vote.

Mr. Affigne asked for application materials for National Grid LNG project. Mr. Fugate stated that Council members would be given a copy of all the documentation present in the file as soon as possible.

9. ADJOURN

Mr. Coia motioned, seconded by Ms. Montanaro, to adjourn.
Motion carried on unanimous voice vote. Meeting adjourned at 7:20 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX

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