In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, February 25, 2020 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
Robert Ballou, RIDEM
Joy Montanaro

Members Excused
Michelle Collie
Trish Reynolds
Mike Hudner

Staff Present
Grover Fugate, Executive Director
Jeffrey Willis, Deputy Director
Rich Lucia, Spv Civil Engineer
Danni Goulet, Marine and Infrastructure Coordinator
James Boyd, Coastal Policy Analyst
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 for the January 28, 2020 meeting:

• Motion: Vice Chair Coia
• Second: Mr. Gomez

Motion carried on a unanimous voice vote.

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

Mr. Fugate updated the Council regarding:

Mr. Fugate updated the Council regarding:

CRMC received Draft Evaluation Findings from NOAA and should be receiving the final report soon. CRMC received a very positive evaluation.

Ocean SAMP amendments were approved by NOAA and are now considered enforceable policies.

Fishermen’s Advisory Board meeting with Vineyard Wind is scheduled for February 27th at 5:00 p.m. at the URI Bay Campus, Coastal Institute, Hazards Room. Meeting for status update.

Update and status for other potential Wind energy projects and cable locations.

 

Roll call for applicants by Chair Cervenka.

 

5. 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.

Mr. Goulet gave a brief overview of the project to the Council stating that the applicant is requesting to install two new breasting dolphins at the Exxon Mobil facility in East Providence. Mr. Goulet stated that the structures will not extend further from the face of the existing facility. Mr. Goulet explained that the new dolphins will allow safe berthing of shorter vessels so that they location will allow for unloading at the offloading rack. Mr. Goulet stated that the project received ACOE permit, the project did not require RIDEM Water Quality certification and the SHIPO office issued a letter of no impact. Mr. Goulet stated that there was a public notice with no comments received. Mr. Goulet stated that: the project met the requirements of the CRMC, is in keeping with policy for Type 6 waters; and CRMC staff recommended approval of the project.

Chair Cervenka asked if the existing dolphins would remain. Mr. Goulet explained that the existing would remain to allow for greater flexibility in docking their ships.

Present for the Applicant was Amy Weinberger of Exxon Mobil. Ms. Weinberger was sworn in and identified herself for the record.

Ms. Weinberger stated that Exxon Mobil was familiar with the staff report and agreed with stipulations.

Chair Cervenka opened and closed comment period as there was no one present to comment.
Mr. Gomez motioned for approval of the application based on the staff report and no comments/objections received. Mr. Sahagian seconded the motion.

The motion carried on a unanimous voice vote.

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.

Mr. Lucia gave a brief overview of the application for remediation of the Tidewater Gas plan with three components: excavation of three source areas; engineering cap with containment walls to protect migration of pollutants. Mr. Lucia stated that the steel sheetpile containment wall will serve as a replacement to the deteriorated bulkheads along the Seekonk River. Mr. Lucia explained that a portion of the shoreline will have a combination of steel sheetpile and riprap revetment. The project will provide a net gain of 8200 sf in aquatic resources from the removal of stone walls, fill and debris related to construction of shoreline protection. Mr. Lucia stated that the treatment of stormwater will be through engineered cap. Sea Level Rise was reviewed by Mr. Lucia and showed that the site was safe from sea level rise and that tidal flaps are proposed to prevent seawater entering the drainage system in the future. The applicant is proposing 175’ of open meadow habitat as a requirement due to the impervious cap over the site. There will also be a 12’ wide access pathway for maintenance.

Mr. Lucia stated that the project required a variance for the 50’ setback as the engineered cap encroaches within the setback. Mr. Lucia stated that there are no objections to the granting of the variance as there are environmental benefits of the cap.

Mr. Lucia stated that the project had received approvals from: ACOE, RIDEM WQ and RIPDES. A RIDEM approved Remedial Action Work Plan is forth coming from RIDEM Waste Management.

No objections were received during the 30-day Public Comment period.

Mr. Lucia explained that based on staff review and the environmental benefits of the project, CRMC staff recommends approval of the project.

Chair Cervenka asked about CRMC review coordination with RIDEM in evaluating the site. Mr. Lucia stated that there were numerous meetings with RIDEM divisions of Water Quality and Waste Management which allowed for approval of working plan.

The applicant was invited to present to the Council.

Igor Rungee of GZA Environmental was present along with Narragansett Electric representatives. Mr. Rungee stated that they had reviewed the CRMC staff report and they had no issues with it and they agreed with all proposed stipulations. Mr. Rungee stated that he and his colleagues were available to answer questions.

Mr. Sahagian motioned approval of the application based on the staff report. Mr. Gomez seconded the motion.

Chair Cervenka stated she supported the motion to approve.

The motion was carried on a unanimous voice vote.

6. 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.

Mr. Boyd addressed the Council and stated that the above proposed amendments were put Out-to-Notice on February 11, 2020 and the comment period would close on March 13, 2020.

Mr. Boyd stated that the purpose for the meeting was for public hearing; however, comments could still be submitted until March 13, 2020. Mr. Boyd stated that the Amendments would be back before the Council for consideration of adoption after the March 13th end of the comment period.

Chair Cervenka asked if CRMC expected any comments. Mr. Boyd stated that Save The Bay would be submitting some comments but that they were generally in agreement with what has been posted.

There was no one from public present to give comment.

Chair Cervenka opened the public hearing and with no one present to give comment, the public hearing was closed.

Mr. Boyd stated that the Amendments would be back before council to hear on March 24th.

7. ADJOURN

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

Meeting adjourned at: 6:30 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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