In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, December 11, 2018 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair
Don Gomez
Ron Gagnon, RIDEM
Jerry Sahagian
Joy Montanaro
Trish Reynolds
Michelle Collie

Members Excused
Raymond Coia, Vice Chair
Mike Hudner
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
David Beutel, Aquaculture Coordinator
Danni Goulet, Marine Infrastructure Coordinator

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 from the November 27, 2018 meeting with a correction:

• Date of letter from Vineyard Wind should be corrected from November 19, 2018 to November 21, 2018.
• Motion: Mr. Sahagian motioned to approve with correction
  Second: Mr. Gomez
  Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

Mr. Fugate reported on the following:

• CRMC received approval from Dept of Commerce/National Oceanic and Atmospheric Administration to extend Federal Consistency Jurisdiction and CRMC now has the authority to review BOEM activities regarding offshore wind within the vicinity of Rhode Island. It is mandatory now that offshore wind projects go through the CRMC review process.
• Our next meeting of the full Council is January 8, 2019.
• Vineyard Wind has submitted two weekly reports as directed by the Council as a condition of the Stay Agreement extension.
• Green Bond is a 35 million dollar bond, 7 million dollars of which is allocated to CRMC for activities such as dredging the Providence and Woonasquatucket Rivers; CRMC will oversee dredge work in that area as well as settling basins to handle road sand from stormwater drainage.
• 312 Evaluation from NOAA will be in February, 2019.

5. APPLICATIONS REQUESTING EXTENSION REQUESTS BEFORE THE FULL COUNCIL:

B1990-08-029 MELVILLE ASSOCIATES LP – Original assent to: Construct and maintain a 1,495 slip commercial complex, including various marina buildings and facilities, parking, offshore, timber breakwater, dredging, structural shoreline protection, and public access. Assent Modification for Wave Fence. Location of project is plat 43, lots 4, 5 and plat 50, lots 6, 7; west of Burma Road, Portsmouth, RI.

Mr. Willis gave a brief overview of the Extension request explaining that the request is before the Full Council for their fourth and final extension. Mr. Goulet had reviewed the file and recommended a few staff stipulations: extension is limited to one year with a required six month update to CRMC; any new proposal to the project must be submitted as a new application and the project as it stands must follow current regulations.

Attorney Joseph DeAngelis was present representing the new owners of the property, WC Coastal Development LLC. Mr. DeAngelis stated that they are in the planning stages with this development and that they will not be coming in with a large marina. Mr. DeAngelis explained that the extension request was submitted by the previous owner, but that the new owner would appreciate the one year extension to and hopes to submit their business plan within the six month timeframe as required.

Mr. Goulet explained that the property abuts up to the public boat ramp which was constructed as a requirement under the previous permit.

Chair Cervenka asked about the extensive timeframe of the valid permit. Mr. Fugate and Mr. Goulet explained the extension process and added that the State’s Tolling legislation added to the number of years the permit was valid.

Mr. Gagnon motioned for approval of the extension with stipulations as stated by Mr. Goulet. Mr. Gomez seconded the motion.
Motion carried on a unanimous voice vote.

6. APPLICATIONS REQUESTING A MODIFICATION REQUEST BEFORE THE FULL COUNCIL:

2011-11-021 CURTIS JACKSON – Modify existing Assent 2011-11-021 by adding bottom planted hard clams (Mercenaria mercenaria) to the approved species and methods. Located in Blue Bill Cove in Portsmouth, RI.

Mr. Beutel briefed the Council on the modification request stating that Mr. Jackson was asking to add hard clams to the species list on his aquaculture lease. Mr. Beutel stated that the proposed modification was put out to public notice and that two objections were received based on the fact that Mr. Jackson was also a wild harvest shell fishermen and the concern is that he will put his wild harvested sublegal quahogs on his lease.

Chair Cervenka asked if CRMC would incorporate a stipulation stating that all state regulations must be complied with to encompass our cooperation with DEM prohibitions.

Mr. Beutel stated that he recommended approval because our regulations do not address the basis of the objections. Mr. Beutel stated that as long as Mr. Jackson follows state regulations, he should not have an issue.

Mr. Beutel suggested adding a stipulation to other applications that are in review process stating that a violation of placing wild stock on their lease would mean forfeit of lease with Mr. Fugate adding that the permit would be revoked as well.

Chair Cervenka asked if CRMC had a method of tracking and cross referencing what was on a specific lease. Mr. Beutel stated that CRMC requires all aquaculturists to complete a questionnaire for each year reporting their lease’s progress and that they also have to notify CRMC when they purchase seed and Mr. Beutel notifies other agencies.

Chair Cervenka asked if there were any objectors. There were none.

Curtis Jackson was sworn in and identified himself for the Council. Mr. Jackson gave a brief history of his aquaculture experience and stated that he would like to add littlenecks to his site. Mr. Jackson stated that he will also continue to be a wild harvester shellfishermen as well. Mr. Jackson also agreed with the stipulations from Mr. Beutel stating it would be a great deterrent.

Chair Cervenka closed the public comment period.

Mr. Gomez motioned approval of the modification with Mr. Beutel’s added stipulation.

Ms. Collie seconded the motion.

Motion carried on a unanimous voice vote.

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

2018-09-101 ANDREW VAN HEMELRIJCK -- Continue a commercial viability shellfish aquaculture site in Point Judith Pond; a commercial viability site requires a Council Category B decision after the initial 18 months of operation. Located in Point Judith Pond, Narragansett, RI.

Mr. Beutel briefed the Council stating that the application before the Council was for the approval of the second half of a commercial viability permit which is limited to three years of two 18 month sections with a Council approval required for the second section. Mr. Beutel stated that the site is only 1,000 square feet in Point Judith Pond and that the applicant is successful in growing shellfish at this site. Mr. Beutel added that Mr. Van Hemelrijck proposed to add quahogs to this site and that he was not a wild harvest fisherman. Mr. Beutel finished by stating that after 18 months, Mr. Van Hemelrijck will ask for a permit for the site.

Mr. Fugate explained that an aquaculture commercial viability lease allows the aquaculturist to try new technology or to try the site so check the productiveness for growing certain species. Mr. Fugate further explained that the applicant is allowed a one-time sale of the product.

Andrew Van Hemilrijck was sworn in and identified himself for the record. Mr. Van Hemelrijck stated that the species were growing well on the site and he would like to continue and take it as far as he can.

Chair Cervenka closed the public comment period.

Ms. Collie motioned to approve, with a second from Ms. Reynolds. The motion carried on a unanimous voice vote.

8. ENFORCEMENT CASE BEFORE THE COUNCIL FOR ORDER TO RESTORE:

2017-047 BUZ & CYNTHIA GARDINER – Restoration of unauthorized alteration of the buffer zone and wetland on your property located at Plat N-R, Lots 1229,1230, 120 Allagash Trail, Narragansett without benefit of a CRMC assent.

Mr. Fugate explained that the Gardiners had submitted a drawing with a revised wetland edge. CRMC Staff is going to verify the soils data. Mr. Fugate also stated that the information is being reviewed to see if we can have the applicant more closely adhere to CRMC regulations.

9. ADJOURN

Motion to Adjourn:
Motion: Mr. Sahagian
Second: Chair Cervenka
Motion carried on unanimous voice vote.

Meeting adjourned at: 6:40 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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