In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, June 12, 2018 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Don Gomez
Jerry Sahagian
Ron Gagnon, DEM Rep
Mike Hudner
Trish Reynolds
Lisette Gomes
Michelle Collie

Members Excused
Joy Montanaro

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
James Boyd, Coastal Policy Analyst
Richard M. Lucia, Spv Civil Engineer
Danni Goulet, Coastal Infrastructure Coordinator
David Beutel, Aquaculture Coordinator
Anthony DeSisto, Legal Counsel

1. CALL TO ORDER

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

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for approval of minutes:

• April 10, 2018
  • Motion: Vice Chair Coia
  • Second: Mr. Hudner motioned to approve
  • Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

Mr. Willis reported to the Council that at the Policy and Planning Subcommittee held at 4:30 p.m. on that day, the subcommittee voted to proceed with rule making on the following program changes:

• Amend 650-RICR-20-00-1.1.6 – Applications for Category A & Category B Assents
• Amend 650-RICR-20-00-1.3.1(C) – Residential, Commercial, Industrial & Recreational Structures
• Amend 650-RICR-20-00-1.3.1(D) – Recreational Boating Facilities
• Amend 650-RICR-20-00-1.3.1(H) – Energy Related Activities & Structures
• Amend 650-RICR-20-00-1.3.1(I) – Dredging & Dredged Material Disposal

4. STAFF REPORTS

Mr. Fugate reported on the following:

• Vineyard Wind has filed its Federal Consistency Certification with the CRMC for an 800 MW windfarm project in offshore waters south of Martha’s Vineyard. A CRMC Public Notice has been issued as well as being advertised in the following newspapers: Providence Journal, Narragansett Times, Newport Daily News, and South County Independent.
• The Council along with the Conservation Law Foundation and Save The Bay will be co-sponsoring a Climate Adaptation and Government Liability Summit on June 27th which will be geared toward local officials and state agencies regarding liability issues due to climate change.

5. Chair Cervenka checked for applicant attendance.

6. Chair Cervenka lead a moment of silence in remembrance of Paul Lemont, a long standing member of the Council who served as Vice Chair and then Hearing Officer.

7. APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2018-01-051 TOWN OF BRISTOL -- Construct and maintain stone masonry and concrete wall repairs; installation of a new timber walkway with timber pile and concrete footing supports; land improvements including a new stone dust pathway, regrading, clearing of vegetation, and installation of new benches; and installation of a new concrete slab walkway. Located at plat 10; lot 21, 22, 69, 72; 201 Thames Street, Bristol, RI.

Mr. Lucia gave a brief overview of the application explaining that a small portion of the project was issued a maintenance assent so that preliminary work could be started on the project. Mr. Lucia explained that the project would include installation of a boardwalk that would tie into the existing boardwalk. Mr. Lucia stated that the project was reviewed regarding the anticipated sea level rise of the area and was concerned that it would be at water level within a 60 year timeframe but that staff had no objections to maintaining the walkway at that level. No variances were required with this project and CRMC staff recommended approval.

Mr. Lucia confirmed for Chair Cervenka that the maintenance portion of the application had been approved administratively and that the associated landscaping would be applied for at a later date and was not included in this approval.

Applicant invited to address the Council.

Sworn in and identified for the record were: Ryan McCoy, PE, Sr., Project Engineer for Pare Engineering; and Edward Tanner, Principal Planner for the Town of Bristol.

Mr. McCoy and Mr. Tanner both expressed appreciation to the Council and relayed that the Town of Bristol was excited about the project and the additional public access to the water front. Mr. Tanner explained that the funding was a partial grant from the RIDEM.

Mr. McCoy confirmed that any existing impervious surface would be repaired but there would be no additional areas of impervious surface as part of the project.

In response to Mr. Gagnon’s question regarding remnant piers/pilings, Mr. McCoy stated that the project did not include removing them at this time.
Mr. McCoy confirmed for the Council that the project was more ADA compliant.

Chair Cervenka asked if sea level rise language would be put in the assent. Mr. Lucia stated that the applicant would go on notice through the assent what the likely scenario is and the design life the project.

Public comment period was closed.

Mr. Hudner motioned, seconded by Mr. Gomez, for the approval of the application. The motion carried on a unanimous voice vote.

2017-11-051 EAST BEACH FARMS, LLC -- Create and maintain a six acre oyster farm using the bottom plant method (no gear) in Quonochontaug Pond, Charlestown, RI.

Mr. Beutel gave an overview of the application explaining that the aquaculturist applied for bottom planting only, no cages, with a water depth of 6-8’ deep at mean low water. Mr. Beutel explained that this method does not deter water activities on the lease. Mr. Beutel stated that they project had received letters of no objection from RIHPHC, RIDEM Water Quality and Fish & Wildlife and Marine Fisheries Council. Mr. Beutel stated that and ACOE permit was not required as there would be no gear used. Mr. Beutel explained that three letters of objection were received during the Public Notice period, one concerned about the corner markers being a hindrance, one concerned about the amount of acreage for this site; and one regarding the proposed harvest method which is a scallop dredge.

Mr. Beutel stated that it was CRMC staff’s opinion that the application has met all the requirements, and will not affect recreational activities in this area. Mr. Beutel explained that during a site visit and survey of the area, a low number of quahogs were found and that there was no presence of SAV, eel grass or widgeon grass and has never been recorded on state maps for this area. Staff recommended approval.

Chair Cervenka asked several questions regarding significant impact and conflicts such as RIDEM’s concern with waterfowl impact and whether a study would be done, and visual impact of the lease site pertaining to the lease markers. Mr. Beutel explained that there would be a minimal impact but not all impacts are negative. In regards to the waterfowl impact, Mr. Beutel explained that a stipulation to limit the hours of operation or number of days of operation to minimize the waterfowl impact and that the applicant could do their own study if they chose to but CRMC did not have the resources to look into the impact on waterfowl. Mr. Beutel stated that a detailed working schedule was worked out between Mr. Arnoux and RIDEM. Mr. Beutel stated that CRMC asks that aquaculturists monitor water temperature but we do not stipulate it as it is in the best interest of the aquaculturist to protect their lease against Vibrio bacteria outbreak. Mr. Beutel stated that it is highly unusual to leave an aquaculture lease site unmarked (poaching can occur) and that he is not comfortable with removing the markers but the applicant had agreed to remove the markers during water skiing season.

Mr. Gomez asked about the aquaculture use percentage of the pond. Mr. Beutel stated that they are reaching 2% for lease. Mr. Beutel confirmed that oysters grow slower in deeper waters.

Jim Arnoux, proprietor of East Beach Farms, was sworn in and identified himself for the record. Mr. Arnoux confirmed that he had read Mr. Beutel’s staff report and that it was acceptable to him. Mr. Arnoux stated for the record that, after further thought, he was not comfortable with having his low impact lease site completely unmarked for the summer season. Mr. Arnoux stated that he had not had any communication with the objector. Mr. Arnoux agreed to the hours of operation for this site but has some reservations with the schedule due to having other leases and weather impact on schedule. Mr. Arnoux stated that he had made an informal offer to DEM staff if they wanted to conduct a scientific survey on his lease and its impacts.

Mr. Gomez inquired as to the size of the site markers/buoys. Mr. Beutel stated that it needed to be big enough to hold CRMC in block letters with the file number and that the marker/buoys could be held down by an anchor, chain, or 50 pound cinderblock. Mr. Beutel suggested a breakaway line in the event that something was to get wrapped in a line. Mr. Gomez was in agreement with marking the site.
Mr. Fugate stated that our regulations require buoy marking and Mr. Beutel stated that it would take Council action to require the site to be unmarked. It was reiterated that Mr. Arnoux was not in favor or his site being unmarked.

Phil Capaldi, resident of Saunderstown and an objector to the aquaculture application, was sworn in and identified himself for the record. Mr. Capaldi thanked the Council for hearing his objections but was most concerned about the restoration of public trust in the process. Mr. Capaldi also spoke about the eel grass loss in Quonochontaug Pond and asked about the process of ground truth SAV surveying in relation to eel grass. Mr. Capaldi also objected to the percentage of aquaculture for this aquaculturist and suggested a Memorandum of understanding to build trust stating that there would be no change in equipment and acreage for the 15 years of the lease.

Chair Cervenka asked about Mr. Capaldi’s use of the area. Mr. Capaldi stated that they canoe, fish and swim, general recreation. Mr. Capaldi’s concern is that the permit will be amended and would end up occupying the entire water column.

Mr. Fugate explained the Aquaculture pre-application process in which most aspects of the project are vetted through the many organizations and local government.

Mr. Fugate also explained that CRMC staff conducts the SAV survey and that the staff is on the ponds almost daily conducting surveys. Mr. Fugate explained that CRMC is part of the restoration effort to restore eel grass to the ponds. Mr. Fugate explained that CRMC has developed new aquaculture guidelines with would require a full application review and not a modification due to potential conflicts.

Mr. Fugate confirmed for Mr. Gagnon that the aquaculture formal process requires a public notice which goes to a town list and a general list. Most aquaculture sites do not have direct abutters. Mr. Fugate stated that CRMC notices are also posted on our CRMC website.

Mr. Beutel clarified that the state conducts the SAV surveys every three years, and that CRMC is an active participant in the surveys. Mr. Beutel stated that eel grass has never been present on any survey that has been done on this site in the years 2009, 2012, and 2016.

Chair Cervenka thanked Mr. Capaldi for his comments.

Mr. Arnoux was invited to respond/clarify to concerns raised, and in response, he stated that he has concerns regarding people who say that it is a heavily used area. Mr. Arnoux also stated that his lease would be one dimensional, bottom culture with no use conflict. Mr. Arnoux confirmed that the was agree to a stipulation stating no gear on the site in the future and that he would not seek any modification or new lease for this site. Mr. Arnoux talked about what happens when too many farms are in one area and the depletion of the food for the oysters causes slow growth.

There were no further questions for the applicant from the Council.

Mr. Gomez motioned approval of the application for bottom planting only. The motion was seconded by Mr. Hudner.

Motion carried on a unanimous voice vote.

2018-02-025 BROWN UNIVERSITY -- Construct 139 linear feet of new replacement bulkhead along the immediate seaward edge of the existing bulkhead, maintain 80 linear feet of existing riprap revetment by removing remnant pilings and debris and add additional stone to repair the revetment slope; renovate and expand the existing timber pier from 3,161sq. ft. to 3,512 sq. ft., install a new 30 ft. x 30 ft. ramp, shift the existing 16 ft. x 120 ft. terminal float seaward by approximately 25 and add a new 16 ft. x 15 ft. float to the south end of the relocated terminal float, add a new 8 ft. x 70 ft. float and 8 ft. x 55 ft. float on the landward side of the terminal float to be connected to the expanded timber pier by two 3 ft. x 25 ft. gangways (one for each new float). Modify the structural perimeter limit to accommodate the expanded facility. Located at plat 17, lot 54; Marston Boat House, 250 India Street, Providence, RI.

Mr. Goulet gave a brief overview of the application to the Council explaining that the maintenance of the bulkhead application was given an administrative maintenance assent due to the project timeframe and the Council meeting schedule. Mr. Goulet explained that the in partnering with the City of Providence, the applicant was able to meet the public access requirement using an offsite location. Mr. Goulet stated that the project meets the requirements of the RICRMP, and the project had received both ACOE and RIHPHC approvals.

Sworn in and identified was Michael Gugliemo, Vice President of Facilities Management for Brown University and Gus Kreuzkamp, PE of Harbor Engineering.

Mr. Kreuzkamp explained that the facility was built in the late 1960’s and that with the growing Crew teams and the need for more space for boats, expansion and maintenance was necessary.

Mr. Gugliemo stated that they agree with CRMC staff reports and stipulations.

Mr. Goulet confirmed that piling removal is part of the permitting stipulations through the Providence Harbor SAMP.

No questions for applicant from Council.

Mr. Kreuzkamp and Mr. Gugliemo thanked Mr. Willis, Mr. Goulet and Mr. Reis for their help with the permitting process.

Public Comment period was closed.

Vice Chair Coia motioned, seconded by Mr. Gagnon, for the approval of the application. The motion carried on unanimous voice vote.

8. PUBLIC HEARING ON SHORELINE CHANGE SPECIAL AREA MANAGEMENT PLAN (BEACH SAMP):

Chapter 1 – Introduction
Chapter 2 – Trends and Status: Current and Future Impacts of Coastal Hazards in Rhode Island
Chapter 6 – State and Municipal Considerations
Chapter 7 – Adaptation Strategies and Techniques for Coastal Properties

The CRMC intends to adopt these 4 chapters above as part of the Shoreline Change Special Area Management Plan (Beach SAMP). Once fully completed and following approval by NOAA the Beach SAMP will then become part of the CRMC’s federally-approved Coastal Resources Management Program (CRMP). The Beach SAMP will be a guidance document and it will not be adopted pursuant to the state Administrative Procedures Act. Accordingly the Beach SAMP will not be assigned a RI Code of Regulations (RICR) number.

Mr. Fugate gave a brief overview of the Beach SAMP Chapters before the Council stating that they were the beginning chapters of the SAMP and the end chapters of the SAMP and that the middle chapters (3, 4, and 5) had been vetted and adopted by the Council at its April 10, 2018 meeting.

Mr. Fugate explained that comments were received suggesting changes to the middle chapters and were previously approved. Mr. Fugate stated that Volume II would be put together with informational and support documents.

Mr. Fugate expressed appreciation on behalf of CRMC to Theresa Crean, Tiffany Smythe and Jenn McCann of URI Coastal Resources Center for their work on the SAMP.

Chair Cervenka thanked Theresa Crean, Tiffany Smythe and Jenn McCann as well. Chair Cervenka closed the Public Hearing.
Mr. Sahagian motioned to adopt Chapters 1, 2, 6, 7. The motion was seconded by Vice Chair Coia. The motion carried on a unanimous voice vote.

9. EXECUTIVE SESSION § 42-46-5(2) – Litigation

Vice Chair Coia motioned to go into Executive Session, seconded by Mr. Gomez. Motion carried on a unanimous voice vote to enter into Executive Session at 7:20 p.m.

There were no votes taken.

10. ADJOURN

Mr. Hudner motioned, seconded by Ms. Gomez, to Adjourn.
Motion carried on unanimous voice vote. Meeting adjourned at 7:47 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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