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 meeting was held on Tuesday, October 10, 2023 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.
Members Present
Raymond Coia, Chair
Ronald Gagnon, DEM
Patricia Reynolds
Stephen Izzi
Kevin Flynn
Joseph Russolino
Excused
Catherine Robinson Hall
Donald Gomez
Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Kevin Sloan, Coastal Policy Analyst
Justin Skenyon, Ocean Engineer
Mark Hartmann, Asst Legal Counsel
Lisa Turner, Office Manager, Recording Secretary
1. CALL TO ORDER
Chair Coia called the meeting to order at 6:00 p.m.
2. Approval of the Minutes of the Previous Meeting
Chair Coia called for a motion regarding the minutes for the Tuesday, September 26, 2023 Semi-monthly Meeting.
Motion: Mr. Russolino
Second: Mr. Izzi
Motion carried on unanimous vote.
Kevin Flynn and Patricia Reynolds abstained as they were excused from the September 26, 2023 meeting.
3. Subcommittee Reports
No Reports.
4. Staff Reports
Mr. Willis updated the Council on the following:
5. Discussion and action on federal consistency decision for CRMC File 2022-05-067 New England Wind Project Coastal Zone Management Act consistency certification; offshore wind energy facility in federal waters.
Mr. Sloan gave an in-depth overview of the federal consistency request and review including further information in regard to the Fishermen’s Advisory Board’s advisory capacity to the Council.
Mr. Sloan also explained that CRMC’s review can continue without a purchase power agreement (PPA) as financial viability if reviewed on the federal level.
Mr. Sloan then explained the Federal Coastal Zone Management Act stating that the CZMA requires various federal activities that are reasonably likely to affect any land or water use or natural resource in the coastal zone be consistent with a state’s approved coastal zone management plan and to determine consistency, the state will conduct a Federal Consistency Review.
Mr. Sloan explained the possible decision outcomes for a federal consistency review that a state may issue – Concurrence, Concurrence with conditions, Conditional concurrence, or Objection.
Mr. Sloan explained that the CRMC’s automatic review exists because the project is located within RI’s 2011 and 2018 GLDs as discussed in the Staff Recommendation.
Mr. Sloan explained that the Council would make their decision at this meeting and on October 13th the staff would issue the Council’s formal decision letter to BOEM based on the Council’s decision.
Mr. Sloan gave an overview of the project description stating that the proponent, Park City Wind, LLC, was seeking to develop the NE Wind Project which consists of two phases of development in BOEM lease area OCS-A 0543: Phase I – Park City Wind; Phase II – Commonwealth Wind.
Mr. Sloan stated the CRMC Staff was recommending a concurrence with mutually agreed upon conditions:
Mr. Sloan ended by stating that CRMC was not the final approval and that the final decision rests with BOEM with the possibility of additional mitigation measures.
Council Questions to Staff:
Mr. Flynn asked if the meeting of August 4, 2022 with the FAB satisfied the Necessary Data and Information section of the OSAMP. Mr. Sloan stated that the meeting satisfied the NDI requirement for New England Wind project and CRMC could move forward in their review.
No further questions for Mr. Sloan.
Avangrid representatives sworn in and Identified for the record:
Mr. Kimmell gave a presentation to the Council giving a background on Avangrid stating that this project will be the third largest renewable energy development in the country.
Mr. Kimmell gave an update on Vineyard Wind stating it will be in full operation in 2024 as the nation’s first offshore wind energy farm.
Mr. Kimmell stated that the New England Wind project would be conducted in two phases, Park City Wind, LLC and Commonwealth Wind but that they were still working out the PPA’s for the project. Mr. Kimmell explained that the cables from the wind farm would converge to a single corridor landing in Barnstable, MA.
Mr. Kimmell informed the Council that the project would create full time jobs in the region and that the benefits to RI would be close proximity to cable manufacturing which would provide jobs for RIers.
No questions for Mr. Kimmell from Council.
Mark Roll addressed the Council stating he was an RI-based Avangrid employee. Mr. Roll explained that the lease area was less complex and did not generate fishing revenue as other areas so the mitigation is different than other projects. Mr. Roll explained that the siting of the foundations was 1 x 1 nautical mile and that they would be lighted and marked based on coastguard requirements.
Mr. Roll stated that the cable depth target would be 5-8’ and that boulder relocation would be recorded to the nearest meter with the location information charted and sent to fisheries. Mr. Roll stated that there would be monitoring plans for the cable and that cable inspections would occur for the life of the project.
Mr. Roll explained that Avangrid was also committed to monitoring plans for Avian and Bat monitoring as well as marine mammal monitoring.
Mr. Roll explained that the mitigation package would equal $4.8M which would be eligible to fishermen and shoreside businesses. Mr. Roll stated that there would also be a $500k compensatory mitigation fund for the RI Fishing industry to be used for training programs and research initiatives – all to benefit RI Fisheries. Mr. Roll stated that the package may seem lower than the first wind farm mitigation package and explained that BOEM has issued guidelines for compensatory mitigation and that was the formula they followed.
Kayla Howard, Fisheries Liaison for New England Wind projects, stated that her primary responsibility was to communicate and engage with the fishing community through opportunities such as fishing industry trade shows, meetings, speaking engagements, and will have port hours in Point Judith once a month.
Ms. Howard explained how Avangrid had contracted directly with RI based fishery go-between for communication and also utilized RI fishing vessels for communication and in data collection.
Ms. Howard stated that they worked to support the seafood donation program.
Ms. Howard stated that they were looking at opportunities to help support research for gear modification and debris removal.
Ms. Howard stated that Avangrid was providing the tools accessible to folks so communication can reach fishery, such as:
Ms. Howard also talked about the gear claims process.
No further questions for Ms. Howard
Ms. Reynolds asked Mr. Roll why the BOEM guidance was used when the new guidance was not based on actual data. Mr. Roll explained that they did not know how BOEM developed the guidelines but that when Vineyard Wind mitigation package was developed there were many unknowns. Mr. Roll stated that BOEM developed the draft guidelines to provide standardization as well as finding ways to use the best available impact assumption and develop guidelines to provide more standardization.
Mr. Flynn asked if RI ports would be used. Mr. Kimmell stated that at this time, there are no plans to use RI ports but that with the multi-state bid, new avenues could open up.
Mr. Flynn asked for clarification on the timeframe for each phase. Mr. Kimmell stated that the intent is to complete the entire project within two seasons barring any unforeseen circumstances.
Mr. Flynn asked Mr. Sloan to clarify the staff report regarding impacts on commercial fisheries even if the NE Wind project did not get built. Mr. Sloan stated BOEM believes the fishing industry will still see moderate impacts because of climate change and other offshore developments in the region so denying the project or the project not going forward will not prevent the fishing industry from being impacted generally.
Mr. Flynn asked about the environmental impacts seen in other countries from the construction of the wind farms. Mr. Roll stated that the project is reviewed by the EPA Air Quality but there would be a temporary impact during construction but the air quality would be better in the long run.
Mr. Gagnon asked if FAB commented on the compensatory mitigation number. Mr. Sloan stated that the information was provided to the FAB and that CRMC continued to have the regularly scheduled Thursday night zoom meetings for FAB and contractor; but that the FAB did not attend the zoom meetings.
Ms. Reynolds asked about a decommissioning plan. Mr. Roll stated that they do not have the information or details on the decommissioning as of yet but that they would provide the information to BOEM when the time comes. Mr. Roll stated that the plan is conceptual at this point and based on the best available information to date.
Mr. Kimmell stated that a performance bond is required. No further questions were heard from the Council.
Avangrid had completed their presentation.
There were no comments heard from the public.
Chair Coia asked Mr. Sloan if, based on testimony heard and information presented, did staff recommendation change. Mr. Sloan stated staff recommendation remained the same.
Mr. Russolino motioned for approval of the issuance of concurrence with conditions based on findings of fact in the staff report and the presentation made by staff and applicant which included the compensation package as discussed by staff.
Mr. Izzi seconded the motion.
There was no discussion.
Chair Coia polled the Council:
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
7. ADJOURN
Motion to adjourn:
Motion: Ms. Reynolds
Second: Mr. Gagnon
Motion to adjourn approved on a unanimous voice vote. The meeting adjourned 8:00 pm.
Minutes respectfully submitted,
Lisa A. Turner
Recording Secretary
Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov
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