In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, June 25, 2019 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
Ron Gagnon, RIDEM
Donald Gomez
Michael Hudner
Trish Reynolds
Joy Montanaro

Members Excused
Michelle Collie
Jerry Sahagian
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
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:

• June 11, 2019
  Motion: Vice Chair Coia
  Second: Mr. Gomez
  Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

At their meeting of May 28th, 201, the members of the Policy and Procedures Subcommittee voted to begin rule making on 650-RICR-20-00-1.2.2(A)(1)(d)(13) –Coastal beaches and 650-RICR-20- 00-1.3.1(P)(4)(a) – Boat lift and float lift

4. STAFF REPORTS

Mr. Fugate updated the Council on the following:

• An agreement has been signed between CRMC and ACOE to look at flood reduction projections throughout Narragansett Bay over to Little Compton. This project is similar to the Pawcatuck Study which preceded this one and involved elevating residential structures and flood proofing commercial buildings
• CRMC’s 312 Evaluation was completed. The exit interview went well and there was discussion regarding concerns related to staff transitioning in which there could potentially be a separate report to Governor Raimondo and Legislature on this transition situation.
• Public Access issues have become prevalent in the news. CRMC will meet with the Attorney General’s Office along with officials from the Town of Charlestown and the Town of South Kingstown.
• Update on offshore wind farm projects which are in various stages of review.

Chair Cervenka checked for attendance of applicants and reordered the items on the Agenda.

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

Council Member Ron Gagnon, RIDEM representative, recused himself from this application and left the room.

Mr. Beutel gave a brief overview of the application explaining that the project was a small artificial reef project using less than one acre for the placement of concrete reef balls that will be the same size. Mr. Beutel explained that this application was modified based on other experimental reef projects. Mr. Beutel stated that no objections were received for this application and that letters of support were received from the RI Salt Water Anglers Association. Mr. Beutel explained that artificial reef project would likely enhance recreational fishing, has met CRMC program regulations and that CRMC staff recommended approval.

There were no questions for Mr. Beutel from the Council.

Patrick Barrett, RIDEM Division of Marine Fisheries and William Helt, Coastal Restoration Scientist for The Nature Conservancy, were both sworn in and identified themselves for the record.

Mr. Barrett addressed and stated that he agreed with Mr. Beutel’s report and added that the main purpose of this project is the success in southern states. Mr. Barrett stated that this is the first project using this type of reef ball.

Chair Cervenka asked about monitoring of the project. Mr. Barrett explained that the agencies have been monitoring the Providence River Sabin Point area for past few years using fish traps and that they will continue to monitor to see if the change in habitat is beneficial.

Chair Cervenka asked how the project evolves. Mr. Helt stated that The Nature Conservancy and RIDEM entered into a cooperative agreement to study and monitor sites to identify fish habitat enhancement locations.

Mr. Barrett explained that the reef structures weighed 1300 pounds each and would not likely move around under normal conditions.

Mr. Gomez asked how the fish would be enticed there. Mr. Barrett stated that the structures will attract different colonizing organisms which will entice certain species of fish.

Not hearing any public comment, Chair Cervenka closed the public comment period.

Mr. Gomez motioned, seconded by Mr. Hudner, to approve the application. The motion carried on an unanimous voice vote.

2018-09-033 DANIEL TORRE & MAX DAVISON -- Establish and maintain a three acre oyster farm in the Sakonnet River using floating gear (2 foot by 3 foot floating bags). Located in the Sakonnet River of Portsmouth, RI.

This application was continued from the May 28th Council meeting to give Mr. Torre an opportunity to work with the community.

Mr. Beutel stated that he did not have anything further to add from his original report and presentation. Mr. Beutel stated he still recommended approval of the application.

Mr. Gagnon confirmed that he had read the transcript from the last meeting.

Mr. Torre previously sworn is still sworn.

Mr. Torre stated that he had had time to talk to people who expressed concern about the location of his proposed site and that most responses have been overwhelmingly positive.

Mr. Torre stated that there were three main concerns expressed by local community members.

• Expansion – Mr. Torre did not intend to expand in this location
• Home Values – Shellfish aquaculture does not affect housing prices
• Recreational use interference – the area north of the dock is not frequently used for recreational purposes.

Mr. Torre explained that in an effort to cooperate with the community, he worked out an alternative site layout. A two page document was passed around to Council Members and marked as Exhibit 1. Mr. Torre explained that the alternative site layout overlaps his original site, however, the easternmost border was moved in 50-75 feet and that 50-75 feet was added to the southern border so as to avoid an area of seagrass. Mr. Torre explained that the easternmost border was rearranged so that it does not extend much beyond the dock. Mr. Torre stated that he had reviewed his alternate plan with most of the objectors and that the change was primarily to address the issue of recreational impact.

Mr. Beutel stated that he would have to inspect the southern border for eel grass.

Attorney William Landry of Blish and Kavanagh, representing Michael and Beth McBreen, addressed the Council reiterating his clients concerns that were expressed at the May 28, 2019 Semimonthly meeting and also added that a question of Water Type was recently brought to their attention. Mr. Landry explained that part of the aquaculture site would be in Type 1 waters in which floating gear is discouraged. Mr. Landry stated that although the applicant had worked to provide an alternate site, his clients maintain their objection.

Michael McBreen, was sworn in and identified himself for the record.

Mr. Fugate suggested that a “no expansion” clause be put in the Assent. Mr. Landry stated his clients would be in agreement to that. There were no questions of the Council for Mr. Landry.

Mr. McBreen addressed the Council giving them a brief overview of his family’s newly acquired living situation and stating that the recreational use of the area is very much underestimated. Mr. McBreen stated that the southern area is used substantially less and endorsed to push the site further into the cove.

Chair Cervenka asked about the discrepancy in the water types. Mr. Beutel stated that the water type changes in that particular area so the aquaculture site will straddle both the line delineating the water types. Mr. Beutel also stated that there are not standards or policies regarding floating gear – only guidelines.

Attorney Mary Shekarchi, representing Angelo Grilli of 105 Heidi Avenue, addressed the Council. Ms. Shekarchi stated that her clients were in agreement with many of the concerns stated by Mr. Landry and Mr. McBreen. Ms. Shekarchi stated that her client had hired environmental scientist, Joseph McCue, of Mason & Associates to review the project in regards to the Water Type. Mr. McCue submitted report to CRMC stating that the project as submitted sat in Type 1 waters. Ms. Shekarchi explained that they had reviewed the alternative proposal and although the new location is more palatable, the Grilli’s maintain their objection as the aquaculture farm would still interfere with recreational use. Ms. Shekarchi also stated that the Grilli’s request the “no expansion” clause.

Ellen Toner addressed the Council with the same concerns from the previous meeting stating that the aquaculture site will interfere with recreational use and pose a safety hazard for people using the area. Ms. Toner asked if the area could be marked at least a month prior to use.

Mr. Torre explained that a map of his site and the coordinates were emailed to Ms. Toner upon her first request. Mr. Torre confirmed that the proposed alternative site will not extend beyond the dock. Mr. Torre explained that he has not seen documentation that people get hurt on floating aquaculture. Mr. Torre agreed that as a safety precaution he would mark the four corners and put reflective tape on the markers. Mr. Torre explained that there would be 10’-15’ lanes in the site to provide access and passage for kayakers. Mr. Torre also stated that he looked forward to being part of the community.

Mr. Gagnon and Mr. Torre discussed sailboats being in the area. Mr. Torre stated that now that the site will be located within the dock area, sailboats should not be an issue.

Mr. Gomez stated that there was plenty of room in the area for sailboat usage and that the area must accommodate multiples uses of the water.

Mr. Torre confirmed for Chair Cervenka that he would agree with the “no expansion” clause if the Council thinks it is appropriate. Mr. Torre confirmed that he would mark the area 30 days prior to setting up.

Mr. Beutel stated that he would need time to do an SAV survey.

Mr. Beutel confirmed for Mr. Gagnon that CRMC would verify the coordinates of the site.

Chair Cervenka closed the public comment section.

Mr. Gomez motion to approve the application with the stipulation of no expansion from alternative layout, lanes from original proposed be adhered to, and the pre-marking of the site 30 days prior to set up. Mr. Hudner seconded the motion.

Motion carried on a unanimous voice vote.

2018-05-159 BRIAN PINSKY -- 401 Oyster Company, LLC. -- Expand an existing oyster farm using open top bottom trays and direct bottom plant. The total area for the existing and expanded farm would be 6.5 acres. Located in Ninigret Pond of Charlestown, RI.

Mr. Beutel gave a brief overview of the application stating that Mr. Pinsky has successfully been utilizing his current lease and asking to expand his business to 6.5 acres for oysters only. Mr. Beutel stated that the grow methods are bottom cages, trays on the bottom and direct bottom plantings. Mr. Beutel stated that there is a low density of native shellfish and that no objections were received during the public notice period. Mr. Beutel confirmed that all state approvals have been received.

Brian Pinsky was sworn in and identified himself for the record.

Mr. Pinsky stated that he agreed with Mr. Beutel’s overview and expressed his interest in expanding his lease for the continuation of his business.

No comments from the audience.
Public comment period closed

Mr. Gomez motioned, seconded by Mr. Gagnon, to approve the application.

Motion carried on a unanimous voice vote.

6. PUBLIC HEARING ON PROPOSED RULEMAKING:

Title of Rule: RICRMP: Ocean SAMP Chapter 11 Policies of the Ocean SAMP (650RICR200511)

Summary of Rulemaking Action:

The CRMC proposes to amend the policies and standards of Ocean Special Area Management Plan (Ocean SAMP) Chapter 11 to improve the predictability of state permitting and federal consistency review processes for offshore renewable energy projects. The proposed amendments apply to any renewable energy and offshore development activity located within state waters or federal waters within CRMC geographic location description (GLD) boundaries that are subject to federal consistency review.

Summary of proposed amendments to 650-RICR-20-05-11

1. Amend § 11.2(A) to clarify the purpose of the regulations and better differentiate between state permitting and federal consistency review authority.

2. Amend § 11.3(E) to add representation of seafood processing facilities onto CRMC Fishermen’s Advisory Board (FAB) and increase FAB membership to twenty (20) to account for seafood processing representatives.

3. Further clarify 2011 and 2018 geographic location descriptions (GLD) as defined in § 11.3(F).

4. Move deleted text in § 11.3(H)(6) to correct placement in § 11.3(H)(5).

5. Delete anachronistic text and clarify NOAA approval of Ocean SAMP and federal consistency authority in § 11.5.

6. Add new § 11.9(C) using text moved from § 11.10.1(D). Delete § 11.10.1(D).

7. Add new § 11.9(D) for $20,000 administrative fee for projects subject to CRMC federal consistency review only (no state permit required).

8. Amend § 11.9.1(E) to add reference to NOAA-approved GLDs.

9. Add deleted text from § 11.10.1(Q) to § 11.9.3(J).

10. Amend § 11.9.4(C) to include CRMC required (in state waters) wind farm design standards to enhance compatibility with commercial fishing operations.

11. Amend § 11.9.4(H) to increase from 6 to 7 FAB votes for RI interests to account for adding representation from the seafood processing facilities on the FAB as per proposed amendment in § 11.3(E).

12. Delete repetitive text in § 11.9.7(H); same text in § 11.9.4(F).

13. Add new § 11.9.8 for application requirements in state waters using deleted text from § 11.10.5.

14. Add new § 11.9.9 for baseline assessment requirements and standards in state waters including deleted text from § 11.10.9.

15.Add new §§ 11.9.9(E) for baseline assessment standards and (F) for post construction assessment requirements.

16. Amend § 11.10.1(C) to further clarify significant adverse impacts and coastal effects to commercial fisheries, when mitigation may be considered, and federal consistency issues.

17. Amend § 11.10.1(D) to include pre-application meetings with FAB and further clarify formal meeting with FAB to meet federal consistency necessary data and information requirements.

18. Add new § 11.10.1(D)(1) to clarify CZMA federal consistency review process as it relates to BOEM and the filing of a construction and operation plan (COP).

19. Amend § 11.10.1(E) to further clarify CZMA process and mitigation requirements.

20. Delete § 11.10.1(F) as first sentence is repetitive in § 11.10.1(C) and second sentence added to § 11.10.1(C).

21. Amend new § 11.10.1(F) to add shore-side seafood processing facilities as a fisheries user group and further clarify mitigation process and requirements in CZMA federal consistency review process.

22. Amend § 11.10.1(I) to clarify CZMA federal consistency review process as it relates to BOEM and the filing of a construction and operation plan (COP).

23.Add new § 11.10.1(O) for construction noise abatement requirements and standards to minimize adverse impacts to fishery resources.

24. Add new § 11.10.1(P) for cable burial requirements and standards to avoid significant adverse impacts to commercial fishing activities.

25. Amend § 11.10.5(A) to clarify when necessary data and information may be filed for CRMC federal consistency review.

26. Amend § 11.10.5(C) to remove anachronistic text and clarify the timing of a COP and SAP filing in the BOEM process.

27. Amend § 11.10.5(C)(1) to clarify SAP process for projects in state waters.

28. Amend § 11.10.5(C)(1)(g) to clarify that when NDI is missing the CRMC must follow federal regulations for a delay in CZMA federal consistency review process.

29. Delete §§ 11.10.5(C)(1)(h) and (j) through (q) and move to § 11.9.8(A).

30. Delete §§ 11.10.5(C)(2)(h) through (o) and move to § 11.9.8(B).

31. Delete § 11.10.5(C)(2)(o)(1) and move to § 11.9.8(B)(8).

32. Delete § 11.10.6 and move to § 11.9.8(C).

33. Delete § 11.10.7 and move to § 11.9.8(D).

34. Delete § 11.10.8 and move to § 11.9.8(E).

35. Amend § 11.10.9(A) to clarify baseline assessment requirements for projects subject to CZMA federal consistency review and move deleted text to new § 11.9.9.

36. Other minor edits and corrections as noted in track changes within the document.

Mr. Boyd gave a brief overview of the proposed changes to Chapter 11 of the Ocean SAMP stating that the staff had consulted with NOAA regarding the changes. Mr. Boyd stated that the proposed changes are currently out to Public Notice with the 30-day time frame ending on July 12, 2019.

Mr. Boyd stated that a public work shop was held at the URI Bay Campus to review the proposed changes and that there were nine people who attended the workshop.

Chair Cervenka explained the tonight was a public forum for the Council to receive comments and that the Council would review the comments received and conduct a vote at a later time.

Mr. Boyd explained that after the close of the public comment period and prior to the July 23rd Council meeting where these changes will be heard by the Council, staff will write a report based on the comments received.

Mr. Boyd confirmed for Mr. Gagnon that the proposed changes would include adding seafood processing facilities representation on the Fishermen’s Advisory Board.

Robin Main, Esq. addressed the Council to give comment based on her environmental experience. Ms. Main expressed concern that the proposed regulations could prejudice offshore development. Ms. Main spoke on three topics

• The spacing and alignment of turbines. Ms. Main stated that the proposed regulations offer no discretion built into it to evaluate for each individual project; no flexibility for the Council nor the applicant.
• Underwater construction noise. Ms. Main stated that because this is reviewed/evaluated by NOAA and ACOE, it should not be part of the consistency review process. Ms. Main also stated that she recommended that the Fishermen’s Advisory Board be removed from Advisory committee regarding the type of construction equipment that can or cannot be used as they do not have the expertise to advise.
• Cable burial depth. Ms. Main expressed concern with the proposed regulation as it is very rigid in its requirement. Ms. Main expressed concern regarding the 2% armoring of underground cable stating it is too rigid and asked that there be a rule exception or perhaps make the burial depth site specific.

No other comments on proposed rulemaking – public comment session closed. Council will vote on proposed changes at the July 23, 2019 meeting.

Mr. Boyd stated that the comment period would end on July 12 and that CRMC would address the comments received in writing and may offer amendments to what has been proposed due to comments received.

7. ADJOURN

Motion to Adjourn:
Motion: Chair Cervenka
Second: Vice Chair Coia
Motion carried on unanimous voice vote.

Meeting adjourned at: 7:30 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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