AGENDA
Semi-Monthly Meeting – Full Council
Tuesday, February 25, 2020; 6:00 p.m.
Administration Building; Conference Room A
One Capitol Hill, Providence, RI 02908

Approval of the minutes of the previous meeting –- January 28, 2020

Subcommittee Reports

Staff Reports

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

2019-07-055 EXXON MOBIL OIL CORPORATION -- Construct and maintain two new breasting dolphins between the existing dolphins at the south end of the existing commercial pier. Located at plat 210, lot 8; 1001 Wampanoag Trail, East Providence, RI.

2019-08-014 NARRAGANSETT ELECTRIC d/b/a NATIONAL GRID -- Implementation of a remedy on the former Tidewater Site to achieve compliance with the RI Department of Environmental Management’s Remediation Regulations. Active remedial activities will extend across 6 parcels: 5 parcels owned by National Grid and one owned by the City of Pawtucket. The remedy includes installation of engineered caps, a subsurface containment wall along a portion of the riverfront, installation of revetments consisting of riprap underlain by reactive core matting in other portions of the riverfront, recovery of non-aqueous phase liquids, and long term natural attenuation groundwater monitoring. Located at plat 54, lot 0826; plat 65, lot 0645, 0647, 0648, 0649, 0662; plat 65B; 200 Taft Street, Pawtucket, RI.

PUBLIC HEARING ON PROPOSED RULEMAKING: 650-RICR-20-00-1:

The CRMC proposes to amend the Red Book shoreline protection section, § 1.3.1(G), in its entirety to provide coastal property owners with alternative nonstructural and hybrid shoreline protection options, and to supplement existing structural shoreline protection provisions within the section. The amendments include new and modified definitions in § 1.1.2(A) associated with shoreline protection. There are additional amendments throughout other sections of the Red Book to simplify existing language, delete superfluous text, provide better clarity and specificity regarding policies and standards, and other proposed changes to correct text and citations as summarized below.

Brief summary of proposed amendments to 650-RICR-20-00-1:

1. Amend § 1.1.2(A)(3) to simplify the definition of "agriculture" consistent with state law;
2. Delete § 1.1.2(A)(8) as definition of "anadromous" is not needed;
   
3. Amend § 1.1.2(A)(62) to clarify the definition of "filling" to include any source of materials;
4. Add new § 1.1.2(A)(74) for definition of hybrid shoreline protection;
5. Add new § 1.1.2(A)(81) for definition of longshore current;
6. Amend renumbered § 1.1.2(A)(83) to modify definition of maintenance of structures;
7. Amend renumbered § 1.1.2(A)(84) to simplify the definition of "manmade shoreline" to include permitted or unauthorized alterations;
8. Add new § 1.1.2(A)(96) for "native plants" or "native vegetation";
9. Add new § 1.1.2(A)(97) for "nonstructural shoreline protection";
10. Amend renumbered § 1.1.2(A)(131) to further define "riprap" to exclude concrete debris and include a maximum slope when used to create a revetment.
11. Amend renumbered § 1.1.2(A)(138) to further define what constitutes a "seawall" and to include gabions as an acceptable construction element.
12. Amend renumbered § 1.1.2(A)(155) to redefine structural shoreline protection and include toe protection.
13. Amend § 1.1.3(A)(5) to further specify exemption consistent with state law;
14. Add new § 1.1.3(C)(5) to specify that applicants need to obtain all other permits unless preempted by federal law or the Council waives the requirement (this is an existing requirement within this Part);
15. Amend § 1.1.3(D)(2) to delete unnecessary text;
16. Amend § 1.1.5(A) water type matrix for Type 2 waters changing from "B" to "P" for "structural shoreline protection" consistent with existing prohibition for alterations to beaches adjacent to Type 1 and 2 waters in § 1.2.2(A)(2)(c);
17. Amend § 1.1.5(D) to specify that existing Figure 1 depicts the 2011 geographic location description (GLD);
18. Amend §§ 1.1.6(E)(2), (3) and (4) to specify that the Executive Director determines, rather than verifies, whether variance criteria have been met and variances are required, not desired by applicants;
19. Amend § 1.1.6(F)(2) to add more specificity for public notice requirements;
20. Amend § 1.1.6(I)(2)(d) to further specify the coastal hazard analysis threshold for expansions within a minimum setback;
21. Amend § 1.1.7(A) to simplify variance requirement language;
22. Amend § 1.1.8(A)(1)(b) to specify that a water-dependent activity or use, which serves a compelling public purpose may qualify for a special exception;
23. Amend § 1.1.8(B) to specify that the Council issue a written decision for special exceptions;
24. Amend § 1.1.9(B)(1) to specify that water dependent uses as well as activities may be exempted from setback requirements;
25. Add new § 1.1.9(B)(6) to require setbacks consistent with § 1.3.1(G)(1)(e);
26. Amend § 1.1.13(C) to limit criteria for hearing officer consideration in determining administrative penalties;
27. Amend § 1.1.14 (B)(1) to specify that only the Executive Director may grant an emergency assent in certain circumstances;
28. Amend § 1.1.14 (B)(2) to specify that finds shall be documented and made available as a public record;
29. Amend § 1.1.14 (C)(3) to specify that temporary moratoriums be changed from 30 to 90 days, and extension as warranted, to allow sufficient time for damage assessments;
30. Amend § 1.1.14 (C)(4) for technical correction to language;
31. Amend § 1.2.2(A)(1)(d)(13) to specify that every vehicle operated on a beach be four-wheel drive;
32. Amend §§ 1.2.2(C)(2)(b), (c) and (e) to correct for citation errors;
33. Amend § 1.2.2(F)(1)(a) to include the fact that manmade shorelines prevent the migration of coastal habitats;
34. Amend §§ 1.3.1(D)(11) and (12) to relocate existing Table 8 (minimum design standards) for residential docks into the proper subsection;
35. Amend §§ 1.3.1(F)(4)(b), (f), (h), (j), (l) and (m) to correct for proper references to state stormwater management rules and guidance;
36. Amend § 1.3.1(G) in its entirety to add new policies, prerequisites, prohibitions and standards for new options for alternative hybrid and non-structural shoreline protection measures;
37. Amend § 1.3.1(H)(3)(a) to delete superfluous text and reference certified verification agent definition within the Part;
38. Amend § 1.3.1(J)(1)(e) to add specificity to variance requirement;
39. Amend § 1.3.1(K)(5)(a)(1) to include removal of gear in cases of aquaculture permit revocation or termination;
40. Amend § 1.3.1(P)(4)(a) to specify that boat/float lifts can only be authorized as an accessory structure to a fixed pier or bulkhead and to increase the minimum elevation standard from 3 to 5 feet above the high tide level;
41. Amend § 1.3.2(A)(2) to delete the term "anadromous" so that fish runs apply to all diadromous species; and
42. Other minor technical corrections as shown within the track changes.

CALENDAR INDEX