In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, July 28, 2020 at 6:00 p.m. utilizing Zoom Meeting platform, and Council members participating remotely.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Trish Reynolds
Joy Montanaro
Ron Gagnon, RIDEM
Mike Hudner
Don Gomez
Jerry Sahagian

Members Excused
Michelle Collie

Staff Present
Jeffrey Willis, Acting Executive Director
James Boyd, Coastal Policy Analyst
Benjamin Goetsch, Aquaculture Coordinator
Anthony DeSisto, CRMC Legal Counsel
Caitlin Chaffee, Coastal Policy Analyst, Meeting Moderator
Laura Dwyer, Public Education & Information Coordinator
Lisa Turner, Office Manager, Recording Secretary
Rebecca J. Forte Court Reporters, Stenographer

1. CALL TO ORDER

Chair Cervenka called the virtual Zoom meeting to order at 6:00 p.m. and identified the participants of the meeting, Council Members, Staff Members and Applicants. Chair stated the meeting will be recorded.

2. Caitlin Chaffee, Meeting Moderator, briefed participants on the meeting housekeeping items.

3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for approval of minutes for the June 23, 2020 meeting:

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

Roll Call vote:

Chair Cervenka Abstain
Vice Chair Coia Yes
Ms. Reynolds Yes
Ms. Montanaro Yes
Mr. Gagnon Yes

Motion carried to approve minutes of June 23, 2020 meeting.

4. SUBCOMMITTEE REPORTS:

Mr. Willis reported out: P&P met via Zoom today

Rule changes recommended
Management Procedures – 650

1.4.6a22—application fees for dredging (ACOE fees) -- non federal dredging applicant Providence river

New fee for any application for CH resiliency project in association with ACOE – application being waived.

Declaratory Ruling – petition was for existing type 2 waters along the Jamestown from bridge to dumplings that the Council incorrectly designated Type 3 – would like one and two Type 3 currently designated is appropriate will move towards Council for their deliberation.

5. STAFF REPORTS:

Mr. Willis reported out:

Governor’s office customer service survey and sent to Gov;s office who added comments – will be up on our website soon – send to our consultant’s list
Made changes to our webstie – Questions section FAQ

Next week we will have physical ability to accept cc for applications as well as beach vehicle permits

Wind Farms – Orsted 3 applications – Orsted SF is

Vineyard wind SES – commented on that –

Eye on hurricane coming up on the shore -- staff will prepare for emergency permitting

6. Discussion and action on substitution of Letter of Credit for Commercial Lease of Submerged Lands for Renewable Energy Development at Block Island Wind Farm:

On November 12, 2014, Deepwater Wind Block Island, LLC (now Ørsted) entered into a Commercial Lease of Submerged Lands for Renewable Energy Development with the R.I. Coastal Resources Management Council (“CRMC”). The Commercial Lease requires Ørsted to provide financial assurance to CRMC in the form of a Letter of Credit. The action requested here is for Ørsted to exercise its right to substitute the issuer of the Letter of Credit in conformance with the terms of the Commercial Lease. Specifically, Ørsted seeks to substitute the current provider of credit support, Sumitomo Mitsui Banking Corporation (“SMBC”), with another provider of credit support, Skandinaviska Enskilda Banken, Danmark (“SEB”). All other terms of the Letter of Credit are to remain the same.

Mr. Willis addressed the Council on this item – Assent and lease required financial insurances. Letter of Credit – lease gave lessee with option to substitute.

Robin Main – Posiedon asset manager on behalf of Orsted – Christine

Poseidon – will be sworn in -- Srivastava-kumar, Christin Dieter

Dieter to Poseidon – explain role to Council with Orsted

Asset Manage for Block Island financial overview as well as oeration mandate

This doesn’t fit with company policy to have so much debt –

SEB to request replacement under this commercial lease
Met criteria required – will replicate what is there by Sumitomo Christine – SEB will issue from Danish branch to New York branch

Anything about switch that would make it more difficult to draw
Mechanics remain exactly the same

Substitute like for like.

Christine asks council to consider allow termination of original letter of credit consent to termination form executed and original letter of credit to issuing bank and will effect the termination of the letter of credit.

Jen to tony – have you reviewed the documents and agree that they meet Tony: package referenced in council packet

Tony – identical just different bank
Have ability to substitute

NO other questions for applicant or council (not a public hearing)

No other comments from Orsted

Motion Mr. Sahagin moves approval of request
Mike Hudner second
No discussion
Motion carried

Ray Yes
Trish Yes
Joy Yes
Ron Yes
Mike Yes
Don Yes
Jerry Yes
Jen Yes

Motion carried on a unanimous roll call vote.

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

2019-11-082 EAST BEACH FARMS, LLC – Seeking approval to add 2.6 acres to existing oyster aquaculture site 2009-07-028. Grow out methods will be the same as on the existing site: wire trays on the bottom and wire cages on the bottom. Located in Ninigret Pond, Charlestown, RI.

James Arnoux present as owner of East Beach Farms, LLC.

Ben Goetsch – Expansion of existing farm – 2.68 for total of 6.44 acre site. 140 bottom cages and 600 trays

No objections application proceeded as written
Overwash site of Ninigret
Aquaculture development in area – farms very successful in area
Not too much recreation in this area
Very low density of clam in area – one objection
Meets standards
Recommended for approval

Jenn – Track record – existing use – Ben Goetsch
Found proposal met guidance and applicable regulations – yes

No other questions for Mr. Geotsch

Mr. Desisto swore in – James Arnoux

J Arnoux – much different time than one year ago
All fully utilized – market is not supporting as much of the produc that we grow.

This site is the most appropriate to seek expansion in – great area because no boat traffic and recreational use in the area.

Good opportunity to use some new gear they built and use good quality practice to expand

Jenn all bottom cages? JA – yes all bottom either cages or trays (MOU between CRMC and Charlestown states no floating cages)

JA – one objector – did he approach you. JA -- have been in contact – thought some comments were inaccurate

Don – how much of crop stays in RI and where do you get your seed from?
JA – locally it is increasing over the last 5 years – by early fall we can sell locally and get out of state market – seed have a hatchery at marina – more locally bred seed. Triploid seed – fishers island some from maine
Don – much trouble with virus – shellfish affecting – generally it has been low dermo – very light – doesn’t linger –

No further questions from the Council
Jen opens public comment period – no comments – close public hearing

Ask for motion
Don Gomez based on staff recommendation and presentation from Mr. Arnoux

Second – Vice Chair Coia

Roll call
Coia yes
Reynolds yes
Montanaro yes
Gagnon yes
Hudner Yes
Sahagian Yes
Chair Yes
Gomez Yes

Motion carried on unanimous roll call vote

2019-11-010 GRAHAM WATSON – Seeking approval for a six acre shellfish and kelp aquaculture farm using floating gear, suspended longlines, bottom cages, and bottom planting. Located in Narragansett Bay at Rome Point, North Kingstown, RI.

Graham Watson present as applicant.

Mr. Goetsch gave a brief overview of the application exsitinng 3 acre farm in rome point area and would ike to expand aouther 3 acres – Grows oysters and kelp, scallops (Bottom cages) hard clams – planted directly on bottom and harvest via scuba

PN – no objections
Used heavily by aquaculture
PD – meeting with NK – saturation leval and no new expansion in this area beyond the two applications in this area.
Looked at map in Agenda package
Proceeded with very few objections
Usual approvals – HPHC, DEM,
One objection received – recreational use and navigability in the area
Coast guard agreed it was a good place and wouldn’t interfere with navigation Maximum floating cages on site – 774 based on 18 cages per line with 43 lines – kelp lines can be used during off season. Stipulation on maximum numbe of cages, recommend approval.

No council questions.

Sworn in: stated name for record Graham Watson
Mr. Watson: Love bing oyster farms doing 7-8 years and with own business 3-4 years – goal to expand into a larger square – want to continue doing what doing but need more space to accomplish the goal. Will answer questions.

Jenn – did objector come to you? Did you give answer to questions.

Mr. Watson – no correspondence directly but through shellfish advisory meeting, objections have been addressed.

Ron Gagnon – size of kelp portion of aquaculture is?
Watson: right now there are six lines dedicated to kelp out of total of 43 lines. That will be a 6th of the lease. Will all look like the lines for oysters – floating long lines.

Public comment portion of meeting – no comments – chair closes public hearing

Asks for

Ron Gagnon – move approval with 774 cage stipulation – Mr. Hudner second

No discussion on

Ray yes
Reynolds yes
Montanaro yes
Gagnon aye
Hudner aye
Gomez aye
Sahagian aye
Chair yes

Motion to approve carried on unanimous roll call vote.

2014-04-106 DIANE FRANFORD – JOHNATHAN ISLAND OYSTER CO, LLC -- Modify aquaculture lease to use floating aquaculture gear at their current site west of Jonathan Island, Point Judith Pond, Narragansett, RI.

Mr. Willis stated request for continuance was administratively granted for Town of Narragansett. When notices in early July harbor commission had already met. Next meeting in August, Town internal issues eith meeting tonight. Applicant notified erly.

2019-05-061 JOSEPH T. MACANDREW – Seeking approval for a ten acre seasonal (November 1 through April 30) sugar kelp farm in Block Island Sound south of Napatree Point in Block Island Sound of Westerly, RI.

Jenn must recuse herself from this matter as one of the objectors is a current client of my law firm cannot sit on this application.

Vice Chair will sit as chair for this application.

Present – Jospeh MacAndrew (no one in favor)

Opposition – Josiah dodge, julia Livermore, Westerly town council, robin main, watch hill ,,,, Sassi, Boan Beth brown, Lisa Konicki, ocean community; ann Johnson, Debroah lamm watch hill conservancy, Jason Jarvis, commercial fisherman westerly; Peter paton uri professor,

Mr. Goetsch gave brief overview of the application to the Council, picked it up in the middle of the application from former aquaculture coordinator, before marine fisheries council had a chance to review. Agree with Mr. Beutels support and the logic, however, due to recommendation of Marine Fisheries Council

VCC – tell beutel’s pov -- mainconcern was with the engineering of the application, land side affect of – high energy area – floating long lines for kelp aquaculture. Engineernig would not be sufficient to hold lines – lanside effects – applicant submitted alternative property – helix anchors – staff experience is that helix anchors are better and holding gear in high energy area – Dbeutel recommend abpplicaiton for approval with the stipulation to incorporate helix anchors and addition of chains on vertical lines – Mr. beutel stated that

Mr. Goetsh was at the meeting of marine fisheries council – shellfish advosiry panel found the application inconsistent with the prusuti of marine fisheries – MFC agreed with shellfish advisory -- recational and commercial fishingin area

Based on review of MFC – cant support recommendation for approval. This area clearing has recreational commercial value in the area – overlapps with significant commercial dnd recreational activity.

Mr. Geotch – recommendation is clear that his decision was made solely on ---- (fisheries)

Mr. Sahagian – Hav eyou discussed your concersn with the application
Goetsch – yes, made him aware of MFC also knows that the applicant on few occasions had met
with DEM on alternative sites – both sites had far less concerns for DEM and other

Mr. Sahagian – fell like a continuance or extension of discussions – modificaiotn of application could be worked out or scaled back so crmc could support it and would meet regulations. Have you had discussion with applicant.

Mr. goetch – Mr. Beutel had extensive discussions and gave approval base don different engineering. New site.

Mr. Shagian – concerns him with objections from private and public entities that the applicant should

MacAndrew is sworn in and identified himself for the Josep T. MacAndrew
Never got invitiation to June 2, 2020 MFC Council – did not get notification for that. Did not
receive invitation to June 1, 2020 meeting of MFC

Multi purpose commercial fishing license
No one visited the site in two years – greatly concerns him – does not know what they are
talking about – relkying on ifnroatmion from New Haven. Not high energy area – modified energy area. No surfers on Napatree point – shallow horseshoe area.

First area suggested was in front of the Ocean House – high energy area not the place to put a kelp farm – second suggestion was Newport south of cliff walk – very high energy area.
Third area – romepoint area – was saturated. Did go to DEM and did look at alternative sites.

Look at the mpa of the area – commercial lobster will be affected – lobster industry is nonexistent inshore – not affecting commercial lobster industry
Commercial vishing – fluke –

Modified equipment exactly like Dave Beutel said to. Helix – maximum for area
Anchorage for 33,000 lb sof kelp in area – floatin canopy in the water it is not heavy. Not awful to create a canopy for bait fish. Say recreational fisherman will be affected,. Alldocks in westerly close November 1 – might be some fisherman out there but this is a seasonal farm
– very short season

Kelp farm does not exploit marine fisheries – no fertizinging no imprint ona kep farm -- it takes out carbon from the ocean – this will help the ph in the ocean – it has same number of moorings offshore as the watch hill yacht club
Want some consistency in arguments –
Kelp farm is one giant canopy that will enhance the environment. Argument is that you want to stop the improvement of the water quality.

I did exactly what D Beutel told him to do. Now it will affect marine fisheries. Does not understand how that will adversely affect the marine fisheries.

Invites everone to go see the area at a full moon mid tide.

Helical system that holds 11,000 pounds

Done

VC coia – Mr. Goetsch shed some opinions or your information relative to what Mr. Mac Andrew said in his presentation. The entire things disagrees with everything

Mr. Goetsch – agrees with much of what he said – halo effect – localized improvement of water quality – Agree with DB report – which up until MFC – does not satisfy me that this would not interfere with fihiers in the area.

VCC – what competing interests? Mr. Goetsch – some people here will testify

Helixes would be sufficient to withstand the forces of the area.

No further questions to Mr. Goetsch

VCC opens public hearing –

Josiah Dodge – sworn in – (in light of Mr. MacAndrews request) –
Spoke against this – lobster – gladly follow it – boat vms – fluke and sea bass piloting program that being said, Mr. Mac Andrew – does not set lobster gear – conch gear set there – when big storm when everyone is closed -- yearly lease – privatizing a public resources.
Will gladly bring anyone on my boat to the west of my self –

Ronald Kenyon Jr sets conch gear in that area ( many people fish in that area) In shore lobstering is not as bad as you make it

Privatizing the area is big deal – as soon as ou lease it no one is allowed there.
Does not stop fishin in November – fishes year round – set gear in open bottom
Conflict of use – not in this location – way too many uses and user groups there.
No questions from council members for Mr. Dodge.

Julia Livermore – sworn in
Supervising Bio with DEM Marine Fisheries
Required to comment on aquaculture
DEM sent staff to PD meeting in Feb 2019
Proposed area is essential fish habitat for 14 different managed species, agree with applicant that the winter
Primary concern is potential impatcs to water fowl.
Winter months sea ducks utilizing the area – provided references
Napagtree pint Conservation area –globally important
Speaking on behalf of the Department – div of fisheries and DFW
Address – DVMF –

Jeff: objection based purely on impact of species – waterfowl

Robin Main:

Representing watch hill conservancy (Deb Lamm and Jan Sassi)
RM – whc nonprofit cnservaiton easement over napaptree point – whfd (jo beth brown)
Purpose of whc to reserve characteristics -- kelp fam is within 1000 feet of napatree point.
Pursue remedies that protect napatree point – oppose kelp farm impact pristine nature of that area. Conservation easement in land evidence records maintain pristine nature of area.
Ilustrative purposes – RM shares screen: Napatree point area – three dfferent views of the area.

Deborah Lamm – sworn in -- president char whc – 700 members – provided written objection to kelp farm. Strongly object to project – conservation easement over 70 acres owned by WHFD. Napatree ri scenic and natural treasure. Proposed kelp farm will adversely effect –
property retained forever
Diminish ecological,
Implore to deny application
Mentioned no one has visited the site, WH members visit the site weekly -- all four marker buoys are gone – none are there.

Janice Sassi, napatree point manager sworn – managed conservation area – rare pristine coastal barrier ecosystem – recognized by many institutions – nearshore waters are cirtically improtatin winter habitat of sea ducks. CRMC classified waters an area designated for preservation. After JHChaffee resources – USFWS have included napatree in this group due to rish biodiversity. Glosbally important bird area for endangered and threatened species

Napatree is unique – only unspoiled southern ri. Strongly oppose for someones financial gain.

Joan Beth Brown – sworn in –Imoderator of WHFD – deny application eklp farm off napapteee point. Letters and comments – highlight major objections --fd90% ownership – hurricane washed all homes away left barrier beach – recognized by ri and national ageicneies. Proteted and mainteina for 75 years. 2014 granted conservation easement to wah concervancy – obj proposed location directly advservely affects area

Pristine unobstructed viewscape –
2. potential debris – wildlife
Open ocean – dislodge parts hazard in water – safely of the waters

3. water safety

Deny application for aquaculture at this location.

Robin Main – 24 people tonight on behalf of WHC – those pople will not be speaking but 2 dozen others – concluded

Lisa Konicki – sworn in – president of ocean community chamber of commerce – promote and encourage new buseiness enterprises. Mission speaks to advocating for bnalane econmoc advancement and -- cannot support this -- rich unique and beautiful are precious touism anchort – assist restaurants hotel restaurants and other business. Focus shifted to support local business – does not support a -- generating tourism for our community due to scenic vlue – Napatree point in every magazine printed every single year – the most photographed area of our town. Year round walking ocation and very attractive place for photographers year round. Make living by selling images. Struggle with images seen in arerials shots have blemish of buoys and equipment related to this enterprise.

Ann Snowden Johnson – sworn in – presiden of Watch Hill lifehouse keepers organization to preserve and protect the 4 cre public property of watch hill lighthouse – run it for coastguard. Preserve property specifically for tourist activity. Very unique spot -- views
Object to any consideration that business might have in this area as it changes the very nature of the waters. Lightout stood in location since 1856 and overseen traffic in this area, but a permanent business in this water new and not welcome creation in area seen such high

traffic and tourist activity. Object this propels

Jason Jarvis – sworn in – fisherman – artisanal industry – commercial fisherman in westerly. Good season – we wil pull in 500k in revenue – 1.5 mil dollars inr evnue for the town. Agrees with comments from Josiah dodge. Things are changes dramatically for fishing industry – water 82 degrees, Long island sound 76 degress – species weve never seen. Reseruvenge of chub mackeral—presenting new fishery for some of us. Fish a variety of species and gear. Have to diversify bec seasons are never the same. Mem wkend to Lbr day wkend --- now to thanksgiving – a lot more fishing activity arboiudn watch hill – black fish – open bottom in fish pots. Concerned with putting gpermanent set of gear -- a lot of unknowns right now – permanent gear in this area will be issue with stakeholders.

Peter Paton – URI – sworn in – professor at URI – ornithologist – principal investigator for brid surveys – this area big for sea ducks – critical area cncerns about impact of – prject will interfere with sea ducks in their wintering habits off the coast of ri. Birds can be sensitive to disturbance of boats. flushing away from areas of foraging. Object to project.

Chris Duhamel – sworn in – town council president of westerly, ri – represent town council – public hearing june 10, 2019 – took presentation seriously – we felt strongly that this application is advierse to comprehemsive plan and recently completeled harbor management plan – aquaculture considered in other area and do promote aquaculture, against location in napatree point – scenic overview and pristine character – town council voted unanimously to recommend denial to CRMC .. encourage applicant to pursue in other areas. Town Council objects

Michael Wade – sworn in – owner of watchhill outfitters in westerly, oppose kelp farm off napaptree point – highly used area by customers – user conflict for him and his customers. Against this – fish there all year long – highly used are for scup, bass, benfito and false albacore – object and ask for denial.

Moderator sees no more hands on board.

Ray – closes public comment

Refer back to Mr. MacAndrew

Afford opportunity to respond and comment

Appreciate opportunity to have meeting.

Mr. Goetsch – based on testimony and has opinion changed? Stick with recommendation. Correct a few things said by objector

Seasonal operation – during times out of operation no gear on surface and could be used as any other area – chains would be left on sea floor during the offi season – floating gear would not be there. Do not believe it will be too detrimental as it is quite off shore. Interation with bird – kelp farm is operated fairly infrequently – believe based on testimony for fishermen – birds would he deterred by them more of an impact than kelp farm. Napatree is visited year found by the birds and human visitors would impact birds more than kelp frm. Stands with decision and recommendation for MFC – may be other location better suited. Separate application as opposed to modifications of this application.

Close presentation of anyt further evidence.

Council for discussion or motions.

Ron Gagnon – think in the one pplication that we did deny it was based n commercial fishing. Consistent and recreational fishing consistent and bird impacts are important – Motion application be denied based on commercial recreationa;l and wildlife impact. MH second.

Discussion – no hearing

Motion to deny on the floor

Reynolds aye
Montanaro aye
Gagnon aye
Hudner aye
Gomes aye
Sahagian aye
Coia aye

Motion to deny

Appreciate presentation by Mr. MacAndrew and everyone present via zoom

9. ADJOURN

Motion: Mr. Hudner
Second: Mr. Gomez Roll call
Reynolds aye
Montanaro aye
Gagnon aye
Hudner aye
Gomes aye
Sahagian aye
Coia aye

With motion carrying on a unanimous roll call vote, the meeting adjourned at: 8:50 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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