RI Coastal Resources Management Council
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, September 8, 2020 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.
Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Jerry Sahagian
Ron Gagnon
Trish Reynolds
Joy Montanaro
Mike Hudner
Don Gomez
Staff Present
Jeffrey M. Willis, Acting Executive Director
Benjamin Goetsch, Aquaculture Coordinator
Jim Boyd, Coastal Policy Analyst
Anthony DeSisto, Esq., Legal Counsel
Caitlin Chaffee, Coastal Policy Analyst, Moderator
Ryan Moore, CRMC IT, Moderator
Laura Dwyer, Public Educ and Infor Coordinator
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter
1. CALL TO ORDER
Chair Cervenka called the meeting to order at 6:00 p.m. and identified the participants of the meeting, Council Members, Staff members, and applicants. The Chair stated that the meeting would be recorded.
2. Caitlin Chaffee and Ryan Moore, Meeting Co-Moderators, briefed participants on the meeting housekeeping items.
3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING
Chair Cervenka called for a motion regarding the minutes for the July 28, 2020 Semi-monthly Meeting.
Roll Call vote:
Vice Chair Coia Yes
Mr. Sahagian Yes
Mr. Hudner Yes
Mr. Gomez Yes
Ms. Montanaro Yes
Mr. Gagnon Yes
Ms. Reynolds Yes
Chair Cervenka Yes
Motion carried to approve minutes of July 28, 2020 meeting.
4. SUBCOMMITTEE REPORTS:
Mr. Boyd reported to the Council regarding Planning and Procedures Subcommittee recommendations from meeting held on July 28, 2020 and August 25, 2020:
CRMC Management Procedures - 650-RICR-10-00-1:
Mr. Boyd stated that, with Council concurrence, CRMC would provide for 30 day public comment period and schedule a meeting likely in October for public hearing on proposed amendments; and, following conclusion of the public comment period, the council would have a meeting to approve, reject or modify the proposed amendments as well as hear any other comments received during public comment period. The Council concurred and the proposed amendments will be put out to public notice for comment.
5. STAFF REPORTS:
Mr. Willis reported to the Council on the following items:
6. COUNCIL RATIFICATION OF COMPLIANCE ORDER AND SUBSEQUENT MODIFICATIONS FOR CRMC ASSENT B2012-09-065:
Mr. Willis gave a brief overview of the history of the project explaining that the cable did not reach necessary burial depths that were required by Assent. Working with two companies to rebury, mitigate such that they have adequate burial depths. Mr. Willis explained that the burial will be by horizontal directional drilling where they will drill into the substrate under the barrier and under Corn Neck Road and will daylight at the substation.
Attorney Robin Main, of Hinckley Allen, was present representing Orsted, stating that she was available for questions.
A motion to ratify the compliance order was made by Mr. Hudner and seconded by Mr. Gomez.
Roll Call:
Vice Chair Coia Yes
Mr. Sahagian Yes
Mr. Hudner Yes
Mr. Gomez Yes
Ms. Montanaro Yes
Mr. Gagnon Yes
Ms. Reynolds Yes
Chair Cervenka Yes
Compliance Order ratified.
7. APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:
2013-04-057 ADAM SILKES -- Modification of current Assent/Lease to allow a change in oyster growing technique from longline suspended subsurface cages to the use of floating cages. Located in the West Passage of Narragansett Bay, Jamestown, RI.
Mr. Goetsch gave a brief overview of the application to the Council stating that review of the application was completed prior to David Beutel’s departure. Mr. Goetsch stated that he had reviewed and was in support of Mr. Beutel’s report and incorporated Mr. Beutel’s report into his Council report. Mr. Goetsch explained that the current lease uses suspended cages which are not directly on the water’s surface and are suspended by large floats that look almost like a mooring ball. Mr. Goetsch stated that on this current lease there are up to 300 mooring balls with about 1200 cages suspended below. Mr. Goetsch further explained that Mr. Silkes was requesting to modify the current lease to a more common method of larger profile floating cages which is the same method being used in this area at other aquaculture lease sites. Mr. Goetsch further explained that there are other aquaculture applications pending for this particular area using the same operational method but did not receive objections from the parties that objected to this one. Mr. Goetsch explained that the application is proposing to use 1164 floating cages in this lease which is comparable to what is there now. Mr. Goetsch agreed with Mr. Beutel that there are other options available providing lower profiles. Mr. Goetsch explained the lower profile option stating that the cages are smaller and more compact requiring more cages so that this site would have require 6984 low profile cages to be comparable to his current cage capacity. Mr. Goetsch stated that Mr. Beutel’s staff report was written in approval for either method, leaving the decision up to the Council. Mr. Goetsch stated that he felt the lower profile cages were more appropriate and recommended approval.
Chair Cervenka opened the meeting for Council questioning of Staff:
Mr. Gomez asked how close the site was to the nearest home and how the applicant would handle the bird roosting issue. Mr. Goetsch answered that the nearest home was over 3400 feet from the proposed site. Mr. Goetsch explained that either cage method would provide a roost area and that RIDEM did not support mechanical deterrents but non mechanical could be used. Mr. Goetsch also explained that the lower profile cages provided efficiencies for the farmer as the cages are lighter and easier to handle when flipping the cages as there is a specific method of flipping using an apparatus on their barge/boat.
Mr. Gagnon asked for clarification on the flipping method. Mr. Goetsch stating that the profile after flipped into the drying position would be smaller floating devises which the lower cages.
Mr. Goetsch confirmed for Mr. Hudner that the surface area used would be somewhat the same perhaps a slight bit larger with the low profile.
Chair Cervenka asked about the possible cumulative impact in conjunction with the other farms in the area.
Mr. Goetsch gave a brief description of the four farms in the area south of the Silkes farm which amounts to a mix of large and low profile floating cages. Mr. Goetsch explained that the Silkes lease is the oldest site which began in 2013 and has always been a reputable lease holder. Mr. Goetsch also agreed with Chair Cervenka that a stipulation for non-mechanical bird deterrents was necessary as well as solar-powered lighted buoys on the seaward side of the seaward boundary.
Adam Silkes, was sworn in and identified himself for the record as the Aquaculture lease holder and applicant addressed the Council. Mr. Silkes thanked the Council for hearing his application and that he would be happy to have either cage method approved for the Jamestown site. Mr. Silkes also wanted to point out that the Objections were coming in for his lease but not for the lease closest the where they live. Mr. Silkes stated he was in agreement with the stipulations but thought that the non-mechanical bird deterrents could work against the system he would like to incorporate into this lease in terms of the DNA helical flipping mechanism, but was open to different solutions.
There were no further questions from the Council for the applicant.
Chair Cervenka opened the Public Comment period.
Richard Pastore stated that he is on the Shellfish Advisory Panel and expressed his concern in regards to the visual impact of adding additional cages to this area.
Sharon Purdie expressed her concern in regards to the higher profile cages in an area that previously was filled with sunken cages with less of a visual impact. Ms. Purdie stated that the neighborhood had been working with the owner of Walrus and Carpenter to try to disguise the cages for less visual impact and moving the site further away which is why they did not object to his application. Ms. Purdie asked what the aquaculture development plan was for the Dutch Harbor area of Jamestown which was heavily used for recreational boating. Ms. Purdie confirmed that she was a boater, a kayaker and swam in the area.
In regards to Ms. Purdie’s question on an aquaculture development plan, Mr. Willis explained that the Council was in the process of developing a Bay Special Area Management Plan which would provide opportunities to look at Aquaculture in terms of location as well as existing and competing uses. Chair Cervenka talked of the importance of the Bay SAMP and being a priority of the Council within the next year.
In response to Ms. Purdie’s statement regarding visual impact, Chair Cervenka explained that the Council is tasked with balancing uses of public trust areas and that the Council, CRMC staff and the applicant work together to mitigate some of the impact.
Renee McCooey of West Wind Drive expressed her concern with the visual impact of the aquaculture farms in that area and stated that if all the leases used their maximum cage limit, there would be over 18,000 cages in the harbor. Ms. McCooey stated that the Seakist farm is a very clean and crisp farm with lower profiled cages. Mr. Goetsch confirmed that Seakist does give a different visual effect. Ms. McCooey asked how many bags Mr. Silkes would use and how many floats on top of the cages.
Jamie Hainsworth, Town Administrator for the Town of Jamestown addressed the Council and explained that the Town Council had voiced heavy concern on aquaculture master plan. Mr. Hainsworth stated that the farms and cages were very noticeable from the shore and that the lease areas do conflict with the recreational activities of the harbor.
Alan Katz of West Wind Drive addressed the Council and expressed his concern regarding the ability of aquaculturist to keep modifying leases to acquire more lease area and he felt that they were taking advantage of the area and the local neighborhoods were being taken into consideration.
Richard Pastore spoke a second time regarding the Bay SAMP and its timeframe. Mr. Willis assured him it has become a CRMC priority. Mr. Pastore also stated that the aquaculture Public Notice notification process is faulty.
Chair Cervenka thanked everyone for their comments.
Mr. Silkes addressed several of the comments stating that many of the residents of the area utilized the lease sites for recreational purposes such as kayaking and paddle boarding as the leases are specifically designed to have passage ways.
Chair Cervenka asked Mr. Silkes if he would continue to have passage ways through the lease site to provide access. Mr. Silkes stated that due to the lower profile flipping process it would not be possible to have passage north to south but definitely east to west would have a 40-50’ passage but that it hugs the shoreline so might be more shallow.
Mr. Silkes stated he would prefer not to have to have gray cages as the color does not exist on the market and that black stands up better to the UV. Mr. Silkes also clarified for Chair Cervenka that the only person he had discussed the modification with was the Aquaculture Coordinator.
Mr. Silkes clarified for Chair Cervenka that for the high profile cages there would be 6 bags and there would be one bag for the low profile cages. Mr. Silkes stated, in regards to visual impact, that his lease has been there since 2013 and that this particular lease is north of Dutch Harbor, so visual impact would be less.
Chair Cervenka closed the public hearing and asked for a motion.
Mr. Gomez motioned for approval with staff stipulations. Mr. Gagnon seconded but asked to add the stipulations for non-mechanical bird deterrents and solar-powered buoys with low profile cages. Mr. Gomez accepted the addition to the motion with the exception that the applicant should be able to decide on the style of cage. Mr. Gagnon concurred with Mr. Gomez.
Chair Cervenka asked for Discussion amongst Council.
Chair Cervenka stated that she would not support the motion if it is not for low profile cages understanding that Mr. Silkes has an existing lease which has been in the area for seven years but thinks the low profile would mitigate visual impact.
Mr. Gomez stated that he would accept the Motion amendment of low profile and Mr. Gagnon agreed.
Mr. Hudner stated that he was in support of the Chair’s position and agreed about the low profile cages.
There was no further discussion on motion as amended.
Roll Call
Vice Chair Coia Yes
Mr. Hudner Yes
Mr. Gomez Yes
Ms. Montanaro Yes
Mr. Gagnon Yes
Ms. Reynolds Yes
Chair Cervenka Yes
Motion carried. Application with stated stipulation.
9. ADJOURN
Motion: Mr. Hudner
Second: Chair Cervenka
Roll Call:
Vice Chair Coia Yes
Mr. Hudner Yes
Mr. Gomez Yes
Ms. Montanaro Yes
Mr. Gagnon Yes
Ms. Reynolds Yes
Chair Cervenka Yes
Meeting adjourned at 8:53 p.m.
Respectfully submitted,
Lisa A. Turner
Recording Secretary
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