In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, July 23, 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
Jerry Sahagian
Michael Hudner
Michelle Collie
Joy Montanaro

Members Excused
Don Gomez
Trish Reynolds
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
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 25, 2019
  Motion: Vice Chair Coia
  Second: Mr. Hudner
  Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None

4. STAFF REPORTS

None

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

2019-01-074 PAUL & BETTINA KILLION -- Construct and maintain a residential boating facility consisting of a 4’ x 30’ ramp, 4’ x 120’ fixed timber pier, 3’ x 20’ access ramp and 10’ x 15’ (150sf) terminal float. The entire facility extends ~128’ seaward of the cited MLW mark and requires a 78’ length variance to RICRMP Section 1.3.1(D). Located at plat 165, lot 10; 135 Ferry Road, Bristol, RI.

Mr. Willis gave a brief overview of the application stating that the project required a length variance of 28’ and that the current design does not provide for lateral access. Mr. Willis informed the Council that no comments were received during the public notice period and that the project was eligible for a PG from the ACOE. Mr. Willis stated that the CRMC staff had no objections to the application and recommended approval.

Council Discussion:

• Lateral access
  • Plans show 3’ under dock for lateral access
  • Staff report states that 5’ of lateral access can be achieved through raising the dock but that would put dock further into the wetland.
  • Lateral access could be achieved if stairs were provided to cross over deck.
• Length Variance:
  • Criteria for length variance have been met
  • At 128’ beyond MLW the water depth is more than 18” of water which is what CRMC likes to see at the terminus of a dock.
    
• In harmony with other docks in the area
  • Mr. Willis stated that the dock is shorter than most docks in the area.

Paul Killion, property owner and Ron Blanchard, Site Engineering, were sworn in an identified themselves for the record. Mr. Blanchard thanked Mr. Willis for providing well stated facts and stated he would be happy to answer any questions Council had.

Mr. Coia asked if any objectors were present.

• Mr. Willis stated that no comments were received during the review process.

Mr. Coia asked if the owner objected to raising the dock to provide 5’ for lateral access.

• Mr. Blanchard stated that there is generally no foot traffic as there is a marsh area that would be under the dock
  
• Mr. Willis confirmed that staff looked landward for the dock to be raised higher than 3’ or provide stairs for walking over the dock.
  
• Mr. Willis confirmed for Mr. Coia that there was no indication that the applicant agreed to either option.
• Mr. Blanchard stated that the there is a sewer easement that is maintained as a mowed grass area and Mr. Killion does not mind if occasionally people walk across the sewer easement grass area. This was confirmed by Mr. Killion.
• Mr. Willis stated that staff would prefer raising the dock or providing stairs over the dock.
• Mr. Killion and Mr. Blanchard talked about the public using the mowed sewer easement as access.
• Mr. Killion did agree to raise the facility if the Council preferred
• Mr. Willis stated that staff would be amenable to either raising the dock or providing stairs over the dock for lateral access and if either was agreed to, staff would recommend approval. Also, revised plans would be required to show lateral access
• Mr. Blanchard asked that staff be consulted on whether they prefer people to be walking through the marsh grass
• Mr. Willis stated that there is also coastal beach in marsh area as well and that staff would work with the applicant to find a reasonable option on the design. Mr. Blanchard stated that the dock to the south was recently permitted by CRMC and did not provide for lateral access.

Mr. Sahagian informed the applicants that the Council was offering an option to provide lateral access by way of raising the dock by 5’ or providing stairs to be able to receive approval. Applicant agreed to Councils terms.

No further discussion.

Chair Cervenka closed the public comment period.

Mr. Sahagian motioned for approval of the project with lateral access by either the elevation of the dock to 5 feet at mean high water or providing steps over the dock – all with staff’s determination.

Mr. Hudner seconded the Motion. Motion carried on 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, in efforts to be as succinct as possible, went through the Ocean SAMP changes with the Council members. Mr. Boyd explained that a work shop was held on June 7th, 2019 and a public hearing was held on June 25th, 2019 in conformance with RIGL 42-35-2.8.

Mr. Boyd explained that 5 sets of written comments were received during out public comment period, which are in the information packet the Council received. Comments were received from: R. Fuka, RI Fishermen’s Alliance; Katie Almeida, Town Dock; Geri Eden, Morgan Lewis representing Vineyard Wind; Robin Main, Hinckley Allen representing Orsted and Eversource; and Gene Grace, American Wind Energy Association.

Mr. Boyd explained that this meeting does not include a public comment period as that was given at the June 25th meeting.

Mr. Boyd stated that he prepared a response to all public comments which addressed the comments received which will be submitted to the Office of Regulatory Reform when the post-adoption document is submitted.

Mr. Boyd also explained that a Memorandum Addendum was written to address one issue in section 11.10.6 (monitoring requirements) based on discussions with NOAA staff. Mr. Boyd briefly explained the contents of the staff memorandum and one technical correction.

Mr. Boyd stated that CRMC staff recommended approval of the amendments with the exception of items that were noted for deferring action or not taking action on all to be deferred to a later date. These deferrals will be taken up in the very near future as there are many new projects that will be coming in. Mr. Boyd confirmed for Mr. Gagnon that the regulations have to be in effect on the date a Consistence Certification is received in our offices.

Mr. Hudner motioned to adopt both recommendations from staff as presented. Mr. Sahagian seconded the motion.

Motion carried on unanimous voice vote.

7. ADJOURN

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

Meeting adjourned at: 6:45 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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