Semi-Monthly Meeting - Full Council

Administration Building, Conference Rooms B & C
One Capitol Hill, Providence, RI
Tuesday, April 22, 2003
7:00 p.m.

AGENDA

Reading of the minutes of the previous meeting.
Staff Reports.
Subcommittee Reports.

Applications that have been Out to Notice and are before the Full Council for Decision:

2002-12-048 PEDRO & LINDA JOHNSON - Construct and maintain a residential boating facility to consist of: a 4' x 92' +/- fixed timber pier with seven (7) batter braced tie-off pilings. The terminus of the dock (pilings) will extend to 60-feet beyond mean low water (MLW). Also "as built" authorization for removal of an existing dock. Located at plat NB, lot 18; Willet Road, Narragansett, RI.

Applications requesting Special Exception before the Full Council:

2002-12-063 CITY OF NEWPORT/DEPT. OF PARKS, RECREATION, AND TOURISM - Add (3) 6' x 16' floats (288 s.f. total) to existing dinghy dock facility (1064 s.f. total) (approved per file 98-4-83). The application requires a special exception to Table 1 of RICRMP -- expand a recreational boating facility in "Type 2" waters. Located at plat 42, lot 7; the King Park Stone Pier, Wellington Avenue, Newport, RI.

Public Hearing on Changes to the Rhode Island Coastal Resources Management Program:

Section 300.9 Dredging and Dredged Materials Disposal

Revise as follows:

B. Policies

2. Where beneficial re-use options as set forth in RIGL 46-6.1-3 are not practical, the Council favors offshore open-water disposal for large volumes of dredged materials, providing that environmental impacts are minimized.

3. The Council encourages the use of innovative nearshore methods of dredged materials disposal, particularly when small volumes of material must be disposed. These options include but are not limited to creation of wetlands, shellfish habitat, and beach nourishment in suitable areas.

4. For disposal of dredged material resulting from maintenance dredging operations, a Category A Review may be permitted provided the Executive Director determines (1) that the disposal is conducted consistent with the RIDEM's classification of the dredged material sediments dredging regulations; and, that (2) disposal is at an approved upland disposal facility, or at an approved federal disposal facility. Category A reviews may also be permitted when (1) the upland disposal volume is not greater than 10,000 cubic yards (see §300.2); (3) the area of disposal is not greater than one (1) acre in size (see §300.2); (42) the proposal complies with all applicable local zoning ordinances; (53) applicable soil erosion and sediment controls are employed (see §300.2); and (64) the proposal meets the standards of Section 110.1.

6. The Council utilizes and follows the prescribed processes outlined in the Army Corps regulations and manuals for both upland and in-water dredged material disposal.

C. Prerequisites

RIGL 46-6.1-7 specifies that approvals for dredging and dredged material disposal require Council and DEM approval. Further, the Council, as the lead agency for dredging, shall be the initial point of contact for application submittals. The Council and DEM have developed protocols that set out how proposed dredging activities shall be coordinated for review. A Pre-application consultation request with the Council and DEM (and other agencies as appropriate) is an element of these protocols and is strongly encouraged for all applicants.

2. Except for federal consistency reviews, applicants for dredging or open waters disposal of dredged materials shall be required to obtain a Section 401 (Clean Water Act) Water Quality Certification from the Department of Environmental Management (DEM) before the Council can consider granting approval for the project. The application for the Section 401 Water Quality Certification will be forwarded to the DEM when all Council appropriate application forms have been completed.

4. Any application for open water disposal of dredged materials shall obtain a suitability determination from the have all requisite Army Corps of Engineers and Environmental Protection Agency (EPA) approvals.

7. When disposal is proposed for approved upland facilities, the applicant shall provide a letter of acceptance from that facility unless the disposal is approved for the Central Landfill.

8. For dredge volumes greater than 10,000 cubic yards, a pre-application meeting is required.

E. Additional Category B Requirements

3. When fine-grained sediments are to be removed, the applicant shall employ proper turbidity controls install siltation curtains to control the transport of materials placed in suspension by dredging unless the applicant demonstrates to the Council on the basis of competent professional analysis that such transport will not be significant or will be controlled by other measures.

6. When dredged materials are removed from a marine to an upland environment for disposal, the applicant shall demonstrate that the any release of pollutants present in the materials shall not cause significant threats to groundwater or cause other environmental degradation.

F. Standards

All applications submitted to the Council for dredging and disposal shall demonstrate that they have met all applicable sections of the CRMC/ DEM Dredging Application Checklist.

4. For upland disposal:

(a) Dewatering of dredged materials shall occur behind within a properly designed dewatering facility berm or bulkhead of sufficient height to contain the material.

Enforcement Report - March, 2003

Category "A" List

Executive Session pursuant to R.I.G.L. 42-46-5.1 - Personnel

CALENDAR INDEX