In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, December 13, 2022 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair

Donald Gomez
Jerry Sahagian
Ronald Gagnon
Lindsey McGovern
atherine Robinson Hall
Stephen Izzi

Members Excused:
Patricia Reynolds

Staff Present
Jeffrey Willis, Executive Director
Justin Skenyon, Ocean Engineer
David Ciochetto, Ocean Engineer
Anthony DeSisto, Legal Counsel
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 6:13 p.m.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

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

Motion: Mr. Gomez
Second: Ms. McGovern

Motion carried on a unanimous vote.

3. Subcommittee Reports

None

4. Staff Reports

None

 

Chair Coia asked Mr. Willis to bring the Council up to speed in regard to discussions since the past meeting.

Mr. Willis stated that, after the previous meetings, which discussed the merits of the application, the outstanding issue of mitigation measures needed to be addressed. Mr. Willis stated that the mitigation matter was looked at holistically and all parties came to an agreement. Mr. Willis expressed appreciation for everyone’s diligence and hard work and ended by stating that the CRMC Staff is recommending that the Memorandum of Understanding be approved as part of any CRMC decision.

5. Review and Action regarding Application requiring Public Hearing and Special Exception:

2021-07-005 REVOLUTION WIND -- Two submarine export transmission cables (275 kilovolt high voltage alternating current (AC)) have been proposed for the project. Each cable measures approximately 23 miles in length and has been proposed to be installed in CRMC Type 4 and 6 Waters in Rhode Island Sound and the West Passage of Narragansett Bay, making landfall at the Quonset Business Park, North Kingstown. The export cable requires a Special Exception (see RICRMP § 1.1.8) to the CRMC’s Ocean SAMP § 11.10.2. Areas of Particular Concern (APC) which presumptively excludes from APCs all large-scale, small-scale, or other offshore development, or any portion of a proposed project. This exclusion is rebuttable if the applicant can demonstrate by clear and convincing evidence that there are no practicable alternatives that are less damaging in areas outside of the APC, or that the proposed project will not result in a significant alteration to the values and resources of the APC.

The cables will be installed at a target burial depth of 4-6 feet (or deeper) below the seabed, which will create a total estimated disturbance of approximately 730 acres within state waters. Secondary cable protection in the form of rock bags, concrete mattresses, and/or rock berms may be used where the target burial depth cannot be achieved.

The export cables will make landfall at the Quonset Business Park, the heavily Industrial waterfront via horizontal directional drilling, which will require the construction of two offshore exit pits.

After joining with the export cables, the Onshore Transmission Cable will follow Circuit Drive northwest to 135 Circuit Drive, where it will cross this property north of the existing driveway and cross the property in a north-northwest direction until reaching the property owned by Quonset Development Corporation. Here the cable will continue north until reaching 101 Circuit Drive. The cable will then continue north across 101 Circuit Drive and 75 Circuit Drive within the existing paved access road to the existing Davisville Substation. At the Davisville Substation, the cable continues west, parallel to the northern property boundary before reaching The Narragansett Electric Company's parcel. After crossing, the cable enters the Onshore Substation tying into the proposed access road. The total cable length is approximately one mile.

Additionally, a variance to OSAMP Section § 11.9.9 (Baseline Assessment Requirements and Standards in State Waters) is being sought.

Chair Coia asked the Counsel for the Fishermen’s Advisory Board (FAB) to speak in regard to Mitigation Package

Attorney Marisa Desautel, representing the FAB, explained that the FAB agreed with the report that the applicant, the FAB, and the CRMC staff developed. The FAB feels confident in relying on the document as developed and asked the Council to approve the terms of the mitigation package as proposed. Ms. Desautel stated that the FAB appreciates good faith put forward, and appreciates the process that lead to a reasonable agreement with CRMC as well as with RIDEM. Ms. Desautel stated that Ørsted has provided drafts of the necessary documents to establish the Revolution Wind Viability Trust and the community fund, which will hold the mitigation funding itself and that the documents are currently undergoing review and edits. The FAB also received a draft engagement letter from the technical assistance provider who will assist in the administration of the fund. Those documents and terms are being reviewed as well Ms. Desautel introduced Todd Guilfoos, the FAB’s subject matter expert who was available for questions regarding technical issues associated with the mitigation package.

Attorney Robin Main addressed the Council and expressed appreciation to all parties regarding the negotiation process and asked if the Council would like to go through the outline of the MOU.

Mr. Gomez stated that he had read the MOU and that it seemed complete.

Mr. DeSisto stated that the MOU had contingencies in it, one of which was the approval by the Council of the entirety of the application. Mr. DeSisto explained that if the application is approved, the MOU will be executed and, if needed, appended to the decision. It was agreed upon that the MOU would be signed by the CRMC and Revolution Wind.

Ms. Hall asked for the high-level review for the record.

Ms. Main explained that payments would be as follows:

• $3,050,000 for direct compensation
• $200,000 will go into a non-profit community fund (for grant funding)
• $200,000 will be put into the trust for trust operation
• Total package is $3,450.000

Ms. Main explained that this third trust would be called the Rhode Island Fishermen’s Future Viability Trust Number III, and that Vineyard Wind had a trust and South Fork would have a trust.

Ms. Main explained that a claims process would be established to manage and process compensation claims that are made as a result of Revolution Wind using a third-party administrator and the Trust will have a Board.

Ms. Main explained that if the installation of the cables during the months of October and November is not completed (cable-laying as well as the vessel Aurora is in the area), Revolution Wind agreed to back out approximately $513,000 from the overall direct compensation number, divide it by the 60 days and have a per diem of $8,410 per day which would accumulate during the construction timeframe. If Revolution wind goes over the 60-day installation timeframe, they would have to pay the additional monies. Ms. Main stated that if the installation is completed within 56 days, Rev Wind receives a credit for each day.

Ms. Main stated that Revolution Wind and the FAB have agreed to sit down and talk about a gear loss program – discussion to include simplification and improvements to the process that Orsted has in place. Ms. Main stated that Revolution Wind has agreed to pay compensation to fishermen for the time it takes them to file a claim, which is part of the MOU.

Ms. Main stated that, with the help of Dr. Guilfoos of Woods Hole, Spire and RIDEM, a study of the cable effects was put together and if any effects are found, a payment will be made into the trust.

Ms. Main stated that the payments into the trust will be made 30 days after Revolution Wind receives all of its final permits, approvals and so forth.

Chair Coia asked if the Council had any questions.

Mr. Gagnon asked that documents had the acronym RIDEM spelled out in full.

Ms. Hall asked if the MOU would be incorporated into the Assent. Mr. Willis stated that it is the staff recommendation that the MOU would be part of the decision – an exhibit to the decision.

Ms. Hall asked what the accountability measures to the Council relative to the operation of the MOUs. Mr. DeSisto stated that the accountability would be to staff. Mr. Willis then explained that in terms of assent conditions, we will be questioning the applicant and making sure that they are met; and if they're not, then it's our responsibility to bring that information to the Council as an enforcement matter.

Mr. Gomez asked if a member of CRMC staff would be a Project Manager. Mr. Willis stated that, while he is the project manager on all assents that are issued, he would look to the member of staff who drafted the staff report to be a de facto project manager. Mr. Willis stated that CRMC has had several very intensive enforcement matters that staff were successful at working out but if necessary, it would be brought to Council level.

Mr. Izzi asked if the MOU would be an independent document between the FAB and Revolution Wind or only an enforcement mechanism through and by CRMC staff. Ms. Main stated that it will not be a separate contract, and it will be through the assent and CRMC's enforcement powers. Ms. Desautel stated that the FAB will also enter into a separate agreement with the accounting firm that's going to be managing the trust funds and the FAB will handle that through the trust itself.
(Attorney DeSisto is no longer present.)

Mr. Gomez asked if it was the same procedure as has been established by Vineyard Wind. Ms. Desautel stated it was very similar to the Vineyard Wind setup.
There were no further questions for attorneys.

Public Comment:

Patrick Crowley, Secretary-Treasurer of the Rhode Island AFL-CIO, was sworn in for the record and expressed support of the petition on behalf of labor workers through the state of RI, as the AFL-CIO think that this would be a crucial part of our goal of meeting the ACLIM climate.

Priscilla De La Cruz, Sr Director of Government Affairs at the Audubon Society, was sworn in for the record and expressed support for the project on behalf of the Audubon Society as well as through the Environment Council of Rhode Island as it will help to meet our ACLIM climate goals and we need projects like offshore wind to meet these goals.

David Monti, Charter Captain of vessel kept in Wickford as well as Board Member of the American Saltwater Guides Association, member of the Rhode Island Saltwater Anglers, Vice President of the Rhode Island Marine Fisheries Council, and a member of the Narragansett Bay Estuary Steering Committee, as well as the Rhode Island Party and Charter Boat Association; also a fishing writer for the Providence Journal and 13 other publications; was sworn in and expressed his support for the project as the industry needs renewable energy to help stem the tide on climate change impacts which is affecting the species found in the waters they fish.

Gary S Dorfman, rear-round resident on the Saunderstown coast of West Passage, was sworn in and identified himself for the record. Mr. Dorfman thanked staff and Council for their work and for giving him the opportunity to seek specific accommodations during the implementation plan for the project so as to eliminate or mitigate potential adverse impacts to users of the state’s waters and upon West Passage coastline residents. Accommodations requested are lessened noise generation, ambient light consideration and working during weekdays at reasonable daytime hours.

Mr. Gomez stated that a number of the requests had been addressed and some should be addressed through the town.

No further public comment. Close public comment

Chair Coia invited Attorney Main to close as well as address anything said during public comment.

Ms. Main, in closing, extended thanks to Council for time and attention as well as CRMC Staff for their responsiveness, patience and expertise. Ms. Main requested that Council approve the application for the installation of the export cables as well as onshore work in Quonset Point area. Ms. Main asked for the approval of relief sought which would include a variance regarding baseline materials that the project would collect as well as the special exception or rebutting the presumption under the OSAMP about having the export cables in the recreational area of particular concern. Ms. Main stated that relief was also sought for whether the General Assembly has to approve a lease or license of this project
Chair Coia concluded evidence from Counsel.

Chair Coia asked for motions as relates to application.

It was decided by the Council that three separate votes would be made – Special Exception, Variance and Application.

Special Exception:

Mr. Izzi, based on the staff report and recommendations, the testimony presented by witnesses, the exhibits that were introduced, and the public comment that was heard, and the deliberations of the CRMC Council, motioned for the approval of the special exception as requested by Revolution Wind. Mr. Sahagian seconded the motion.

Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye

Motion to approve Special Exception approved on a unanimous roll call vote.

Mr. Sahagian, based on the findings of fact and the staff reports, together with testimony before the Council, and the contents of the application itself, motioned for the approval of the variance as requested by Revolution Wind. Mr. Gomez seconded the motion.

Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye

Motion to approve variance was approved on a unanimous roll call vote

Mr. Sahagian, based on the findings of fact and the staff report, based on the testimony before the Council, based on the fact that the MOU will be incorporate to this application, and based on the entire contents of the application, I move approval of the application with all staff stipulations, with the exception of Stipulation No. 3. Mr. Sahagian explained that the Council had flexibility and the General Assembly passed legislation giving the Council and the applicant the authority to move forward without General Assembly approval of the lease. Ms. McGovern seconded the motion.

Mr. Gagnon asked if the approved motion would stop CRMC from going to the General Assembly and asking about the submerged land lease or requesting direction from the General Assembly regarding the submerged land lease. Mr. Gagnon stated that he liked the staff recommendation that the submerged land lease be approved or CRMC be given authority to approve the land lease by General Assembly.

Mr. Hartman answered stating that the provision in 46-23-1 states that the Legislature hereby declares that any lease of tidal lands or any lease to use such lands shall be subject to approval, disapproval, or conditional approval by direct enactment of the General Assembly by a legislative action thereon. Mr. Hartman also stated that the statue also talks about "in light of the unique size and scope of the overall potential impact upon the environment of large scale building projects involving 25 acres or more." Mr. Hartman stated that legal counsel’s position is that it allows the General Assembly to step in on any lease of tidal lands.

Mr. Gagnon rephrased his question stating that he wanted to make sure the Council and staff are comfortable with the decision that the Council has authority to approve this application without input from the legislature regarding submerged land use.

Mr. Hartman stated that CRMC could make a recommendation to the General Assembly in this regard and the General Assembly could take it up on their own accord sua sponte.

Mr. Gagnon asked to confirm with staff it that is acceptable going forward.

Mr. Willis stated that it is staff position that the submerged land fee be set by the Legislature per the intent of the legislation.

Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye

Motion carries for the approval of the Cat B application.

All in the affirmative for all three motions.

7. ADJOURN

Motion to adjourn carried on unanimous vote
Motion: Ms. McGovern
Second: Mr. Gagnon
Unanimous voice vote.

Meeting adjourned at 7:30 p.m.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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