In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, December 8, 2020 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.

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

Staff Present
Jeffrey M. Willis, Executive Director
Jim Boyd, Acting Deputy Director
David Reis, Spv Environmental Scientist
Danni Goulet, Marine Infrastructure Coordinator
Anthony DeSisto, Legal Counsel
Laura Dwyer, Public Educ and Infor Coordinator
Ryan Moore, Moderator
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:10 p.m. and identified the participants of the meeting, Council Members, Staff members, and applicants. The Chair stated that the meeting would be recorded.

Mr. Willis introduced Leah Feldman, Coastal Policy Analyst, and CRMC’s newest employee. Welcome!

2. Ryan Moore, Meeting Moderator, 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 November 24, 2020 Semi-monthly Meeting.

Motion: Vice Chair Coia
Second: Mr. Hudner
Roll Call Vote:
Vice Chair Coia Aye
Mr. Sahagian Aye
Mr. Hudner Aye
Mr. Gomez Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Cervenka Aye

Motion carried to approve minutes of November 24, 2020 meeting.

4. SUBCOMMITTEE REPORTS:

None.

5. STAFF REPORTS:

• Perry Raso Subcommittee hearing update
• Off Shore Wind Update --- DWW South Shore
• CRMC/DEM public access path Weekapaug Breachway on DEM managed property

6. PUBLIC HEARING ON PROPOSED RULEMAKING: Management Procedures (650-RICR-10- 00-1)

The CRMC proposes to amend its Management Procedures to reduce the application fee for small scale, low cost projects within CRMC's jurisdiction, continue the application fee waiver for nonfederal dredging projects associated with an Army Corps federal navigation maintenance project in the Providence River nd Harbor, and to provide for an application fee waiver for coastal hazard resiliency projects as part of Army Corps federal funded projects. In addition, the CRMC proposes changes to correct existing text and citations as summarized below:

1. Amend §1.4.6(A)(5) to provide further clarification that reviews conducted for inland activities (§ 20001.3.3) are considered under all other projects, as per longstanding agency practice, in which the estimated project cost (EPC) is used to determine the appropriate application fee;
2. Add new § 1.4.6(A)(5)(a)(1) to provide for new lower application fee of $25 for projects with an EPC less than or equal to $500;
3. Amend §1.4.6(A)(5)(a)(2) to assign the current $50 application fee for projects with an EPC greater $500 and less than or equal to $1000;
4. Amend §1.4.6(A)(22) to provide for the continuation of an application fee waiver for nonfederal dredging projects associated with an Army Corps federal maintenance navigation project in the Providence River and Harbor;
5. Amend §1.4.6(A)(24) to correct a nonRICR compliant regulation citation;
6. Amend §1.4.6(A)(25) to correct a nonRICR compliant regulation citation; and
7. Add new §1.4.6(A)(26) to provide an application fee waiver for coastal hazard resiliency projects associated with Army Corps federal funded projects.

Mr. Boyd gave a brief overview of the rulemaking process stating that the proposed changes were reviewed by the CRMC Policy and Procedures Subcommittee on July 28, 2020 and August 25, 2020 and were approved to proceed with rulemaking process. Mr. Boyd stated that the proposed changes went out to Public Notice on November 20, 2020 ending on December 21, 2020. Mr. Boyd explained the proposed changes for the reduction of fees for small scale low cost projects as well as fee waivers for certain ACOE projects (see above). Mr. Boyd stated that after the Public Notice period ended he would prepare a brief memo to the Council which would meet at a later date for review and decision.

There were no Council questions to Mr. Boyd.
Chair Cervenka opened the hearing for public comment and with no comments heard, closed the public hearing.

Mr. Boyd to bring back to the Council for their review after preparing a staff memo which would include any comments received within the Public Notice period.

7. PETITION FOR DECLARATORY RULING

2020-07-083 THE DUMPLINGS ASSOCIATION requests a Declaratory Ruling from the Council as to whether the CRMC’s designation as Type 3 for tidal waters that abut a specific shoreline segment along East Harbor in Jamestown is applicable and correct.

Continued

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

2017-03-066 QUONSET DEVELOPMENT CORPORATION – Modification of previously approved dredging method to include minimal blasting of rock outcrop found in a portion of the navigation channel.

Mr. Goulet gave a brief overview of the modification of QDC’s current permit to allow for blasting of rock found in portion of Electric Boats navigation channel. Mr. Goulet stated that attempts were made during the previous dredge window to dredge the rock with little success. Mr. Goulet stated that all three regulatory agencies indicated a preference for blasting of the rock in the approved channel rather than relocating the channel to avoid the rock outcrop. Mr. Goulet explained the QDC’s process of developing a removal plan which would assure safe navigation within the channel and presented to CRMC, RIDEM and ACOE. Mr. Goulet stated that the contractors hired by QDC had extensive experience with similar projects with zero marine mammal takes. Mr. Goulet stated that there were several objections received during the review and public notice period mainly concerned with adherence to the Marine Mammal Protection Act and the CRMC process. Mr. Goulet stated that CRMC relies on the expertise of our federal partners for these types of projects and CRMC staff recommends approval of the blasting with the exact stipulations as the ACOE approval as seen in the Council’s packet.

Mr. Goulet and Mr. Reis were available for questions.

Mr. Goulet confirmed for Chair Cervenka:

CRMC staff reviewed the proposed plan for dredging mechanics and transportation/disposal of dredge material which looked to be within CRMC standards for dredging.

RIDEM and ACOE both had modified their permits.

As the blasting is still considered dredging; it needs to be done within the dredge window and
completed by January 31, 2020. If not done they would need to request extension or finish up next
dredge window. Dredge window is protective of fisheries.

NOAA would issue an incidental take permits.

Mr. Goulet explained to the Council that if the blasting of the rock was not done, the new ocean going barge needed to transp0ort sections of the Columbia class submarine would not be able to safely navigate the channel.

Chair Cervenka invited the applicant to address the Council:

Sworn in and identified himself for the record

Edward J. Spinard, Jr. Director of Engineering for the Quonset Development Corporation – video presentation – shared screen to show PowerPoint presentation

Mr. Spinard confirmed for Chair Cervenka that he had reviewed and agreed with the CRMC staff report and proposed stipulations.

There were no further questions from Council for Mr. Spinard.

Public Comment

Susannah Holloway addressed the Council regarding her opposition of the blasting permit due to QDC not obtaining from NOAA an Incidental Take permit as the Marine Mammals Protection Act prohibits any marine take. Ms. Holloway asked that CRMC not issue the permit until QDC gets the NOAA permits.

Arthur Hamilton addressed the Council regarding his concern for local marine life. Mr. Hamilton discussed the Town of North Kingstown permitting process as well as an alternative dredge method using a cutter head dredge.

7:50 p.m. break --- Return 8:00 p.m.

Mike Jarbeau addressed the Council on behalf of Save The Bay addressed the Council regarding the importance of securing all permits required by NOAA for the protection of marine mammals. Mr. Jarbeau expressed concern that QDC did not take into account the rock outcrop in their initial dredge application. Mr. Jarbeau encouraged the Council to consider additional stipulations regarding the protection of marine life.

Mr. Spinard responded to questions from Public Comment specifically the Level B Zone known as behavioral modification which is not required when blasting once a day.

Mr. Spinard confirmed for Chair Cervenka that QDC had looked into non-blasting options of dredging through the rock outcrop and researched through international dredge companies who all indicated that a cutter head would not be an effective way of removing the rock outcrop.

At the request of Chair Cervenka, Mr. Spinard addressed the NOAA review process stating that they had extensive consultation with federal agencies including the Office of Protective Services, specifically speaking to Ben Laws on an information basis and from those conversations, a robust monitoring program was developed. Mr. Spinard stated they were hoping for zero takes. Mr. Spinard talked about using similar methods to the New Bedford blasting project performed by Fathom and Cashman.

Mr. Spinard explained that the project needed to be completed within the dredging window so could not wait for a season with less seals in the area.

Mr. Spinard confirmed for Mr. Gomez that the explosions were impulse in nature, spreading the energy out a little bit. Mr. Spinard explained the blasting process.

Mr. Reis confirmed for Chair Cervenka that CRMC staff relied on our federal partners to identify potential impact and agree to protection against them. Mr. Reis stated that the ACOE was the lead agency with RIDEM also being involved.
Mr. Willis read portion of December 3 email from Mr. Laws to Ms. Holloway to clarify that an incidental take authorization is not necessarily required and the applicant could implement a mitigation and monitoring plan to avoid take.
With no further questions of Mr. Spinard and not further comments heard, the Public Hearing was closed.

Chair Cervenka opened the floor for discussion or a motion.

Mr. Gomez spoke first and said that this was a project of importance to National Security as it would positively impact the construction of the new Columbia-class of nuclear submarines.

Mr. Hudner stated that he agreed with Mr. Gomez on the significance of the National Security issue, but did not think it necessary to take into account in approving the Application, as it was clear that the application met the requirements of the Red Book for approval, and that was sufficient.

Chair Cervenka said that she too thought the National Security aspect was important, but agreed that it was not necessary and that the application and findings of CRMC staff showed the necessary compliance with the Red Book requirements to warrant approval by the Council.

Mr. Gagnon explained his point of view and added his appreciation for the cooperation amongst the state and federal permitting agencies.

Mr. Hudner motioned to approve the modification to the previous approval with whatever stipulations set forth as this was a very well thought out project correctly endorsed by staff.

Chair Cervenka confirmed that all conditions appear on pages 5-9 of staff report and that the draft modification provided by Mr. Reis was the approval to be issued by Council.

Mr. Gomez seconded the motion to approve.

No further discussion

Roll Call Vote:
Vice Chair Coia Aye
Mr. Sahagian Aye
Mr. Hudner Aye
Mr. Gomez Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Cervenka Aye

Motion to approve carried.

9. ADJOURN

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

Meeting adjourned at 8:30 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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