In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, June 10, 2025 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
Ms. Reynolds
Stephen Izzi
Joseph Russolino
Michael Reuter, DPM

Staff Present
Jeffrey M. Willis, Executive Director
Laura Miguel, Deputy Director
Brian Harrington, Enforcement Env Sci
Devon Robinson, Enforcement Env Sci
Emily Hall, Coastal Geologist
Amy Silva, Spv Environmental Scientist
Richard Lucia, Environmental Engineer IV
Bruce Lofgren, Coastal Policy Analyst
Anthony DeSisto Legal Counsel
Mark Hartmann, Assoc Legal Counsel
Lisa Turner, Recording Secretary
Ryan Moore, IT

 

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:17 p.m.

2. Review/Action of the Minutes of the Previous Meeting – May 13, 2025

Motion: Ms. Reynolds
Second: Dr. Reuter
Motion carried.

3. Staff Reports

Mr. Willis updated the Council of the following:

• Federal funding from NOAA
• SouthCoast Wind project

4. Subcommittee Reports

Mr. Willis updated the Council regarding the ROW Subcommittee review of Spring Avenue
Extension Public Hearings which will be scheduled in Westerly beginning in September 2025.

5. Order to Restore before the Council for Review and Action::

23-0185 Quidnessett Country Club (QCC)-- Unauthorized riprap revetment, unauthorized cutting of vegetation on a coastal feature, and unauthorized filling of tidal waters. These unauthorized activities took place along CRMC designated Type 1 waters and are prohibited by the Rhode Island Coastal Resources Management Program (RICRMP).

a. Discussion and Action on Motion to Assign to a Hearing Officer

Attorney Jennifer Cervenka addressed the Council stating that Quidnessett Country Club had filed a motion to assign the enforcement matter, both the Administrative Fines and contested issue relating to the restoration order, to an administrative hearing officer based on RIGL §46-23-7(2). Attorney Cervenka followed her argument by referring to a recent decision from Judge Lanphear in the Dumplings Association v CRMC case PC2021-00296.

Mr. Willis stated that the Quidnessett Country Club never contested their actions of unauthorized dumping of riprap revetment on the coastal feature, unauthorized filling in tidal waters, and unauthorized cutting vegetation. Mr. Willis stated that the Country Club admitted to the actions in its motion to assign and because the admissions exist, the case is not contested.

Attorney DeSisto countered that RIGL §46-23-7.1 states that you need to request with specificity and that was not done in this case. Attorney DeSisto also stated that the case was not a contested matter and that it is inappropriate to send this matter to a hearing officer or a subcommittee.

Attorney Cervenka stated that in the appeal of the Dumplings’ case it was decided that the Appeal request did not have to produce proof of what is contested. Attorney Cervenka stated that the QCC did not rip out the vegetation along the shoreline and that the shoreline was affected by the storm system that happened in December of 2022. Attorney Cervenka also added that they contested the restoration line and the differences of opinion which CRMC staff.

Mr. Izzi stated that he had reviewed RIGL 46-23-20 and it states that all contested cases and contested enforcement proceedings are referred to the hearing officer. Mr. Izzi stated that it seemed to fit into the parameters of under the statute.

Attorney DeSisto explained that the QCC matter before the Council was the unauthorized wall and that there was no contest that the wall was constructed without a CRMC Assent. Attorney DeSisto stated that the difference in opinions is the correction of the unauthorized work. Attorney DeSisto confirmed for Mr. Izzi that the matter before the Council is an enforcement hearing on the removal of the riprap revetment and that the unauthorized wall does not comport with CRMC rules, regulations and prior assents to the owner of the property. Attorney DeSisto stated that the matter is before the Council for an enforcement hearing and for restoration.

Mr. Russolino stated that he agreed with Mr. Willis’ assertions and made a motion to deny the request to assign to a hearing officer. The motion was seconded by Mr. Gagnon.

Roll call vote by Chair Coia:
Mr. Izzi Aye
Mr. Russolino Aye
Dr. Reuter Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried unanimously for the denial of request for hearing officer.

b. Discussion and Action on Order to Restore

CRMC Staff member Brian Harrington gave a lengthy presentation to the Council regarding the severity of the violation and stated that the CRMC staff is seeking an order to restore. Mr. Harrington stated that there was a difference of opinion between QCC and CRMC staff in regard to location of the toe of the berm and that CRMC staff is relying on the submitted plan in 2013 location of toe.

Mr. Harrington stated that the staff recommendation was for the Council to order the Quidnessett Country Club to restore the site within 90 days of this order by removal of unauthorized riprap and fill within 60 days and order the Quidnessett Country Club to submit a complete, acceptable restoration plan for stabilizing the site with nonstructural mean within 30 days. Mr. Harrington stated that the plan entitled “Coastal Restoration Plan,” submitted to the agency on March 28, 2025 included many elements that were workable but that the major unacceptable element of the plan was the location of the toe of the berm. Mr. Harrington suggested that the March 28, 2025 plan be used when developing a proposed restoration plan but show the toe of the berm no further seaward than the blue line labeled “approximate toe of coir envelope” as shown on the plan titled “Previous Approved Overlay” date revised February 3, 2025.

Attorney Cervenka asked to present two witnesses to address the toe of the berm.

Attorney DeSisto stated that the issue for the Council to hear is whether or not there is a violation and that restoration is necessary.

Attorney Cervenka explained that the Quidnessett Country Club was contesting the restoration line suggested by CRMC staff and again asked to present witnesses.

Attorney DeSisto advised the Council to vote on the whether a violation is found and then an order to restore. Attorney DeSisto stated that the order to restore would be based on what is submitted for staff review in a timely fashion.

Attorney Cervenka reiterated QCC’s differences with CRMC staff regarding the restoration line and that the QCC will not agree to what CRMC staff is asking them to do – restore at the “blue line” which is why they were asking for a hearing officer. Attorney Cervenka stated that she felt the Council deciding this was procedurally unusual and not appropriate.

Mr. Russolino motioned to require the Quidnessett Country Club to:

• remove all unauthorized riprap and fill within 60 days;
• to submit a complete acceptable restoration plan for stabilizing the site using nonstructural means within 30 days; and the restoration plan shall include the recommendation of the CRMC staff; and,
• Restore and stabilize the site in conformance with the approved restoration plan within 90 days.

Mr. Russolino confirmed for Attorney DeSisto that his motion included the finding that there is a violation on the site.

Seconded by Dr. Reuter.
Chair Coia stated that he could support part of the motion but included that upon a finding of a violation and Mr. Russolino’s order to immediately remove the unauthorized wall, he asked for a stay on the removal of the wall for 120 days, deliver to CRMC staff an acceptable restoration plan within 30 days; commence and complete the restoration within 90 days from the date the acceptable plan is filed. Chair Coia stated that this way would incorporate the removal and building of what is ultimately acceptable.

Dr. Reuter asked staff about the new cart path that runs along the top of the revetment. Mr. Harrington confirmed that the cart path would be part of the restoration plan.

Mr. Russolino agreed to amend his motion based on Chair Coia’s recommendations. Dr. Reuter seconded the amended motion.

Roll call vote by Chair Coia:
Mr. Izzi Aye
Mr. Russolino Aye
Dr. Reuter Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried unanimously for restoration motion.

8. ADJOURN

Motion to adjourn:

Motion: Ms. Reynolds
Second: Mr. Russolino

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned at 7:07 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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