In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, April 12, 2022 at 6:00 p.m. utilizing the Zoom Platform and Council members participating remotely.

Members Present
Raymond Coia, Chair
Jerry Sahagian
Donald Gomez
Ronald Gagnon, RIDEM
Joy Montanaro
Lindsay McGovern
Trish Reynolds

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Danni Goulet, Marine Infrastructure Coordinator
Amy Silva, Spv Environmental Scientist
Justin Skenyon, Ocean Engineer
Anthony DeSisto, Legal Counsel/Mark Hartman, Asst Legal
Mark Hartman, Asst Legal Council
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:03 p.m. and identified the participants of the meeting, Council Members. The record will show staff present. The Chair stated that the meeting would be recorded. Mr. Moore briefed the participants regarding Zoom protocols.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Coia called for a motion regarding the minutes for the Tuesday, March 22, 2022 Semi-monthly Meeting.

Motion: Mr. Sahagian
Second: MR. Gomez

Roll Call Vote:
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Chair Coia Aye

Motion carried on a unanimous voice vote to approve the minutes from March 22, 2022 meeting.

3. Subcommittee Reports

Mr. Boyd updated the Council on:

• Portsmouth ROW Public Hearing to be at the Portsmouth Town Hall at 6:00 p.m. on Thursday, April 21, 2022.

4. Staff Reports

Mr. Willis updated the Council on:

• Status of National Grid Cable reburying which is on track to be completed prior to 2022 beach season.
• House Shoreline Access Commission submitted report and bill to House Judiciary
• Aquaculture Working Group met with CRMC staff and together developed ways to make aquaculture
  process better specifically notification process.
• Coastal Hazard Process being introduced by municipalities through their planning processes
• ACOE Resiliency Program

5. APPLICATIONS REQUIRING PUBLIC HEARING FOR SPECIAL EXCEPTION AND BEFORE THE COUNCIL FOR FINAL DECISION:

2021-09-056 KENNETH & ELVIRA GUARINO -- To construct and maintain a 4’x109’ pier with accompany 4’ x 20’access section. The dock extends approximately 110 linear ft seaward of MLW. A boat lift capable of hosting 25,000 lbs is proposed for the end of pier. Located at plat 1, lot 109; 50 Fort Avenue, Cranston, RI.

Present for the applicant were:

• Kenneth Guarino, Applicant/Owner
• Lesley Rich, Esq., Applicant’s Attorney
• Warren Hall, PE., Applicant’s Engineer

Mr. Skenyon provided a brief overview of the application stating that the application was brought before the Council because the facility which included a boat lift was proposed to be built in Type 4 waters and that the CRMC regulations did not provide for boat lifts in Type 4 waters which is thought to be an oversight. Mr. Skenyon stated that there were no objections submitted during the Public Notice period and that CRMC staff had no objection to the approval of the application by the Council.

Mr. Rich addressed the Council and thanked them for their efforts.

Mr. Hall addressed the Council and explained the project stating that he did the surveying and prepared the plans.

Mr. Sahagian motioned for approval of the facility based on the staff’s report. Mr. Gomez seconded the motion.

Chair Coia called a Roll Call Vote:

Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Chair Coia Aye

Motion carried and application approved.

2021-08-011 RI WATERFRONT ENTERPRISES, LLC -- The construction of a state of the art maritime port facility for shipping, commodity transport, heavy lift component transfer and assembly. The project will include a new cellular coffer dam wall that is 1380 linear feet (LF) along the channel and has a 380 foot long return at each end of the wall. The wall consists of 25 – 61 foot (ft) diameter cells with 24 – 22ft x 61ft interconnect cells. There will be a 150’ Roll-on / Roll-off ramp at the southwestern end of the bulkhead.

The area in front of the wall will be dredged to elevation -32’ MLLW. The approximate volume of dredging is 169,800 cubic yards (CY) including all overdredge. Approximately 111,000 CY will be reused upland with the remaining material to be disposed in the CAD cell. The site will be elevated to elevation +20 ft MLLW. To accomplish this grade the site will be filled with approximately 193,000 CY of material, some of which will be reused dredge material. The fill material needed will be imported to the site. The site will have areas where the fill is compacted and/or amended to allow heavy loads. The upland area will include 4560 LF of new waterline and 4440 LF of new electrical line. The project will impact 21,278 SF of fringe saltmarsh and 5,549 SF of uppermarsh. Located at plat 7, lot 3; South Quay; 649 Waterfront Avenue, East Providence, RI.

Mr. Goulet presented to the Council stating that the South Quay Marine terminal project is the construction of a new wind energy marine terminal that has a flexible surface without permanent structures to meet the changing future needs of the industry. Mr. Goulet also explained that the project included dredging of 170,000cy of material with a mixture of beneficial reuse and CAD disposal of the material. Mr. Goulet stated that the project would impact both freshwater and saltwater wetlands requiring mitigation. Mr. Goulet stated that one objection was received during the public notice period from Save The Bay regarding the lack of mitigation which was addressed and resolved through CRMC staff stipulations and are agreed upon by the applicant.

Mr. Goulet stated that it was the opinion of staff that the project, as proposed, and then modified, meets the policies and standards of the applicable sections of the Red Book and that staff recommended approval with standard stipulations for these types of projects and the 7 staff stipulations that are in at the end of the staff report.

Attorney Michael Donegan, Counsel for the Applicant, addressed the Council thanking them for their time and thanking staff for their time and cooperation.

Ms. Silva explained the requirements of the mitigation and coordination with applicant and Save The Bay.

Based on thorough staff report and explanation by Ms. Silva, Mr. Sahagian motioned for the approval of the application. Seconded by Mr. Gomez.

Robert DaSilva, Mayor of East Providence thanked the CRMC staff and Council for time and effort. Mayor DaSilva thanked Rhode Island Waterfront Enterprises for investment in the City.

William Fazioli, East Providence City Planner also addressed the Council thanking both Council and staff as well as Rhode Island Waterfront Enterprises.

Jeff Miller of RI Commerce Corporation addressed the Council and spoke in favor of the project.

Christopher Waterson of Waterson Terminal Services, addressed the Council and spoke in favor of the project and offshore wind development.

Chair Coia called a Roll Call Vote:

Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Chair Coia Aye

Motion carried and application approved.

6. Public Hearing: CRMC Management Procedures 650-RICR-10-00-1 amendment:

The CRMC proposes to amend its Management Procedures at § 1.5.12(A) to require the filing of any permit extension request at least 60 days prior to permit expiration for consistency with existing CRMC Assent stipulations and the new CRMC Freshwater Wetland regulations at 650- RICR-20-00-9.14.2(D) requiring same. Public notice was issued on March 29, 2022 and the 30- day comment period ends April 29, 2022.

Mr. Boyd addressed the Council explaining that purpose of the amendment was to codify a long standing existing practice of CRMC that an assent holder must submit a request for extension of their assent at least 60 days prior to the expiration of their assent if the work cannot be finished as permissible by the assent.

There was no one present for the public hearing.

Chair Coia asked if there would be flexibility under exceptional circumstances to which Mr. Boyd agreed there would be flexibility.

Mr. Gomez motioned to close public hearing with a second from Mr. Gagnon.

Motion carried and public hearing was closed.

7. Council Review and Action on Proposed Rulemaking:

Repeal of 650-RICR-20-00-2 CRMC Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast. The CRMC proposes to repeal the current existing CRMC Freshwater Wetlands Rules to be effective July 1, 2022. The effective date of this repeal will coincide with the implementation of the new CRMC Freshwater Wetlands Rules (650-RICR-20-00-9) that will be effective on July 1, 2022. Public notice for the repeal was issued on February 21, 2022 and the 30-day comment period ended March 24, 2022.

Mr. Boyd addressed the Council stating that there were no comments received on the repeal of the Freshwater Wetland Regulations and asked that the Council approve the repeal which would become effective once the new Freshwater Wetland Regulations come into effect on July 1, 2022.

Mr. Sahagian motioned to approve
Seconded by Ms. Reynolds

Chair Coia called a Roll Call Vote:
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Chair Coia Aye

Motion carried and application approved.

6. Request for an Executive Session pursuant to RIGL § 42-46-5 (a)(2) Personnel matters - The employee has been notified.

Mr. Gagnon motioned to continue the request for Executive Session. Seconded by Mr. Gomez

Chair Coia called a Roll Call Vote:
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Chair Coia Aye

Motion carried and application approved.

7. ADJOURN

Motion to adjourn carried on unanimous vote

Motion: Ms. Reynolds
Second: Ms. McGovern

Unanimous voice vote.

Meeting adjourned at 7:00 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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