In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, September 23, 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
Joseph Russolino
Michael Reuter, DPM
Kevin Flynn
Stephen Izzi

Staff Present
Jeffrey M. Willis, Executive Director
Laura Miguel, Deputy Director
Richard Lucia, Environmental Engineer IV
Anthony Sawaia, Sr. Environmental Scientist
Brian Harrington, Sr Env
Emily Hall, Coastal Geologist
Anthony DeSisto Legal Counsel
Mark Hartmann, Assoc Legal Counsel
John Longo, Assoc Legal Counsel
Laura Dwyer, Education/Information Coordinator
Ryan Moore, IT

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:06 p.m.

2. Review/Action of the Minutes of the Previous Meeting

September 9, 2025
Motion: Ms. Reynolds
Second: Mr. Gagnon

Motion to approve minutes with edits was approved with a voice vote. Mr. Izzi abstained.

3. Subcommittee Reports

Mr. Willis reported on:

• The ROW Subcommittee held a Public Hearing in the Matter of Spring Avenue Extension on Monday, September 15, 2025 in the Council Chambers of the Westerly Town Hall at which the subcommittee listened to public comment. Scheduling a second hearing.

4. Staff Reports

Mr. Willis reported on:

• Congressman Magaziner’s Energy and Environment Advisory Committee
• US Army Corps of Engineers Pawcatuck Elevation Project

5. Application requiring Special Exception and are before the Council for Public Hearing and Action:

2024-12-004 The Narragansett Electric Company -- Replace/rebuild/reconfigure 1.9 miles of E183-3 and F184N-4/5 115kV Transmission Lines through Warren. CRMC portion of project extends from Massachusetts State line to Kickemuit Rd. The project will result in the permanent alteration of 1,607ft2 of coastal wetland. Project requires a Special Exception to 650-RICR-20-00-1.2.2(C)(1)(c - d) and (C)(2)(a - b). In accordance with §1.3.1(L)(5), 5,460ft2 of mitigation wetland will be created, exceeding the 2:1 replacement requirement. Located at TNEC Line E183-3 and F184N-4/5; Warren RI. Plat 11, Lots 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44; Plat 21, Lots 246, 54; Plat 9, Lot 18.

Attorney John Longo sat for this application. Attorney DeSisto and Attorney Hartman recused themselves based on an objection filed for this application. Anthony Sawaia gave a brief overview of the application stating:

• This is part of a larger project being reviewed by both CRMC and RIDEM.
• The applicant addressed the Category B requirements and staff agrees that the applicant has met the requirements.
• Existing electrical poles will be replaced by one-pole steel structure needing concrete foundations totaling 1670 sq ft of permanent fill requiring a Special Exception for filling in Type 1 and Type 2 coastal wetlands.
• A mitigation wetland is proposed to account for 1670 sq ft of permanent fill, exceeding the 2 to 1 ratio.
• Necessary temporary impacts to wetlands will be restored and monitored.
• Construction matting was used during two maintenance assent applications
• Objections were received during public notice period from Save The Bay, Warren Land Trust and Warren Conservation Commission. The objections were related to the use of temporary construction matting and long-term impacts to coastal wetland if not properly restored.
• The applicant provided responses to the objections stating that the area of construction matting would be restored using hand or low-ground pressure excavator to relieve the compacted saltmarsh.
• Mr. Sawaia stated that it was staff’s opinion that the applicant adequately addressed the objector’s concerns and that the impact to coastal wetlands due to proposed placement of public utility transmission lines was unavoidable and that the impact had been minimized.
• Public access will not be permanently altered
• Staff opinion is that the project meets special exception criteria and has no objections.
• If approved, additional stipulations will be included for the requirement of an environmental monitor overseeing the restoration, mitigation and monitoring process.

Present for the applicant was:

• Attorney George Watson of Robinson Cole, and
• Adam Rosenblatt, Sr Project Manager with Vanasse Hangen Brustlin (VHB), who was sworn in.

Chair Coia asked if the applicant’s representatives had anything to add to the CRMC staff report Atty Watson stated that the Narragansett Electric Company would like to move forward with proposed restoration method but will work in coordination with CRMC, Save the Bay and Warren Land Trust.

No questions for staff or applicant from Council.

Chair Coia opened the public hearing for special exception.

Wenley Ferguson, Director of Restoration with Save The Bay, addressed the Council explaining Save The Bay’s involvement in the protection and restoration of salt marshes along the Palmer River. Ms. Ferguson expressed concern regarding the impacts on the marsh from the matting installed for the geotechnical borings. Ms. Ferguson stated that the proposed on-site mitigation techniques for the next phase of the project would not be successful due to the degraded and saturated conditions of the marsh (photos of conditions shown). Ms. Ferguson requested that CRMC require additional on-site mitigation techniques to be used and that the on-site mitigation be conducted as they are demobilizing from the site.

Katelyn Pisano, President of the Warren Land Trust, addressed the Council to speak on behalf of the Sowams Meadow Preserve in Warren which serves as a living buffer against coastal flooding, storm surge, and sea level rise, protecting nearby homes and businesses. Ms. Pisano stated that RI Energy’s use of heavy machinery within the marsh has caused significant disruption with long- term consequences. Ms. Pisano stated that the Warren Land Trust does not want the same stringer configuration used for the new work as it will serve to deepen the ruts from the preliminary geotechnical borings. Ms. Pisano asked the Council to require RI Energy to develop and implement a robust mitigation plan to include replanting with native Spartina species, restoring natural drainage patters and ensuring peat stabilization. Ms. Pisano also asked that the Council require RI Energy coordinate with Warren Land Trust and Save The Bay to be on-site during future mitigation efforts.

Hearing no further comments, Chair Coia closed the public hearing.

Mr. Rosenberg addressed the comments stating that the restoration method used was similar for restoration in terrestrial wetland settings with success and would like to use the same method in this marsh. Mr. Rosenberg stated that the amphibious excavator was not use post geotech boring program because they knew that they would be back with the construction phase; so, they used a hand tool method to try to prop the marsh surface back post use of construction matting. Mr. Rosenberg stated that there was no restoration to the low march as the method being used would not have been effective and they knew they were going to be disrupting the marsh with the next phase of construction.

Mr. Flynn stated that the Council should try to incorporate suggested restoration methods into this project.

Mr. Rosenberg stated that the Warren Land Trust will be able to inspect the property when it is safe to do so and work with RI Energy and make suggestions at that time. Mr. Rosenberg stated that RI Energy would like to move forward with what they have known to be successful in other settings and if that does not work, there would be supplemental plantings.

Atty Watson mentioned the use of the peat that is withdrawn from where the construction takes places but where to store? Mr. Rosenblatt confirmed that there is availability on site for limited storage of material.

Atty Watson stated that the laying out of the matts is done in such a way as to limit impact.

Mr. Rosenblatt stated that increase in ground contact would help disperse the weight of machinery.

Ms. Reynolds asked for clarification on the timeframe to assess success of restoration. Mr. Rosenblatt stated that it would be known early in the restoration phase.

Dr. Reuter asked if RI Energy would be agreeable to have Save The Bay and Warren Land Trust help to oversee and collaborate on restoration. Mr. Rosenblatt stated that Narragansett Electric is willing to work with Save The Bay and Warren Land Trust as a partner on this but was unsure about the oversight by Save The Bay and Warren Land Trust.

Dr. Reuter asked if Warren Land Trust would be able to visit during the project. Mr. Rosenblatt stated that as property owners they would have access but when construction is ongoing, safety is a consideration that needs to be considered.

Mr. Izzi asked Mr. Sawaia about the Environmental Monitor. Mr. Sawaia stated that CRMC will be informed when they have hired the Environmental Monitor and CRMC has to review and agree. Mr. Sawaia stated that the Environmental Monitor would have the authority to stop the restoration approach if it is not working.

Mr. Flynn expressed concerns regarding the project’s unknowns and motioned to continue the application until the questions can be answered to everyone’s satisfaction.

Mr. Izzi seconded the motion.

Roll call vote for motion to continue by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Russolino Aye
Dr. Reuter Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried unanimously to continue application.

5. Discussion and Further Action on the Quidnessett Country Club’s CRMC Order to Restore – Enforcement File 23-0185

Mr. Willis addressed the Council stating that the purpose for the discussion/action is for an Order to Restore. Mr. Willis explained that CRMC staff had been working with the Quidnessett Country Club (QCC) from June 10th for them to submit a restoration plan that is acceptable to CRMC staff. Mr. Willis explained that the restoration plan needed to address the removal of all the unauthorized stone and fill, have nonstructural stabilization of the feature, proposed shrub and vegetative plantings throughout the top of the feature to restore that. Mr. Willis stated that the Council had agreed to two 30-day periods for the QCC to submit but an acceptable plan has not been submitted.

Emily Hall, CRMC Coastal Geologist, addressed the Council giving an overview of the regulatory violations: unauthorized construction of a revetment on a coastal feature, cutting of vegetation on a coastal feature, and filling of tidal waters, all of which are prohibited activities.

Ms. Hall explained the criteria that must be met in order to resolve the violation in a manner that aligns with the goals and policies of CRMC’s coastal program stating that the last known permissible location of the toe of the revetment was from the 2013 Emergency Assent plan which is what CRMC has called “the blue line” and CRMC staff hold that the blue line is the most seaward location that could be permissible thereby winding back the erosion clock by 12 years. Ms. Hall stated that none of the seven plans submitted by the QCC have used the CRMC staff preferred “blue line” as the toe of the revetment, which means the plans do not show the full removal of all unpermitted fill.

Ms. Hall stated that staff has consented to allow QCC to build a steeper slope in some areas but the plans submitted still do not depict “the blue line”.

Ms. Hall showed the Council the plan that had the depictions of the CRMC staff preferred “blue line” and the QCC preferred “magenta line”. Ms. Hall explained that the “magenta line,” which was used in 2013 to build the hybrid shoreline protection structure, was out of conformance with the 2013 Emergency Assent as it is more seaward than CRMC permitted. Ms. Hall explained that QCC refused to submit a plan that uses the blue line as the toe of the revetment and that staff cannot support a plan that uses the unauthorized “magenta line”.

Ms. Hall explained that CRMC staff would be willing to entertain use of new technology for a hybrid structure, however, the Trap Bag technology and configuration proposed by QCC does not meet the programmatically required materials.

Ms. Hall ended by stating that CRMC’s restoration criteria are not arbitrary and to disregard them would allow programmatic unauthorized and prohibited activities along the Type 1 water shoreline.

Ms. Hall stated that staff recommended that the Council direct CRMC Legal Counsel to pursue all appropriate enforcement actions to enforce the Order to Restore.

Present for Quidnessett Country Club was:

• Attorney Jennifer Cervenka, of Cervenka, Green Ducharme Law Firm, as Counsel on behalf of QCC.
• Sergio Cherenzia, PE of Cherenzia & Associates

Atty Cervenka addressed the Council and presented testimony to address the topics that were addressed by staff:

One comment from CRMC staff is that none of the plans have proposed the removal of all fill; however, the last two plans have proposed removal of all fill.

The blue line is used in the last plan submitted on September 5 for the southern half of the shoreline.

For the northern half of the shoreline, they used a line between the blue line and the magenta line; however, they continue to believe that the magenta line is appropriate.

The material from the Trap Bag technology is not expressly prohibited in the CRMP as geotextile fabric is not listed at prohibited material; it does not have structural-like components. If one of the trap bags fails, it collapses, can be removed and replaced.

QCC has not been recalcitrant in wanting to implement a restoration plan, seven plans have been submitted over the course a year in an attempt to come up with an acceptable plan. The last two they believe struck a proper balance between what’s required by the program and the protection of the golf course.

Atty Cervenka asked to present Mr. Cherenzia to speak specifically to the topics from a technical standpoint.

Atty DeSisto swore in Sergio Cherenzia who identified himself for the record.

Sergio Cherenzia testified on the following:

Explained that they researched the Blue Line through survey work, previous Lidar and used the approved DiPrete 2013 plan; the topo slope was identified, and they projected out at ½:1 and that is where we the blue line ended up. This would not meet the requirements of the RICRMP because non-structural the requirement is minimum of 2:1.

We put in the magenta line which is where the improvement of the slopes stabilization was built out to in 2103 as implemented by QCC and affirmed by information received from Natural Resource Services.

The DiPrete 2013 approved plan specifies in print a 2:1 slope while the detail shows 1/2:1 slope

The restoration was built out to the magenta line.

Lateral access would be similar to CRMC blue line as compared to what was built in 2013. The QCC proposed plan is an improvement on the lateral access that existed before construction of the revetment.

After meeting with CRMC the last time, a meeting was held with the golf course designer and we ended up going landward with the restoration and moving the cart path anywhere between 9 to 17 feet and a flatter area was left at the top of the slope for revegetation. The slope was not aligning with the Bay View Rehabilitation Center property creating a situation of further erosion on their property.

Further proposed change to the golf course was a reduction in the tee box and modifications to some sand traps

Focus is on restoration – robust type of improvement in the northern portion of the slope as it is much steeper in those areas

Discussions were had with the manufacturer of the trap bags regarding and worked closely with their representatives to design a 1:1 slope as the shallower the slope the better their product will perform. We tried to work with them on a different type of biodegradable fabric or bag system but the manufacturer said they would not warranty it and it would cut the life of the system by half. Another option discussed was a cotton fabric with waxing on it but its not something that lasts a long time and still in the design phase.

The Trap Bags are all interconnected cellular system which are all individual, get filled with sand and held together by geotextile fabric. If the bags fail, they collapse and can be replaced. Geotextile fabric bags are being used under pilot studies in Rhode Island, but CRMC did not want to revisit another study such as that.

If the trap bag system was approved, there would be quarterly robust monitoring to measure the accretion or decretion of sediment from the shoreline with data being provided to CRMC.

He geotextile material of the trap bags allow for the bags to absorb wave energy as opposed to deflecting and refracting it.

The plantings and vegetation plan is on Sheet C2 in the right ledger providing a list of trees, shrubs, grasses and seed mixes that can be implemented.

Council questions:

Ms. Hall confirmed for Mr. Russolino that the geotextile system does not meet the definition of nonstructural shoreline protection (reads definition from CRMP). Ms. Cervenka added that there is an exception for anchoring or connective components.

Mr. Willis stated that in 2013 CRMC did not have hybrid regulations and what was agreed to in 2013 was to use the existing stone on-site to help anchor in and toe some of the burrito material. CRMC has since developed hybrid regulations.

Mr. Lucia addressed the Council stating that GeoTextile materials are not considered biodegradable they are mechanically stabilized earth walls – they will look like a wall and act like a wall and will cause erosion in front of the wall.

Mr. Lucia also added that CRMC used LiDARs also and found that the slope was 2:1 based on the 12’ top of the bluff and the bottom being at 6’ – “the blue line”.

Ms. Hall rebuttal:

Anything that was placed beyond the blue line in 2013 was unpermitted and unauthorized, so any plan that include fill beyond the blue line does not meet one of the restoration criteria which is removal of all unauthorized fill material.

The pilot study was a specialized program that was deployed immediately following the Super Storm Sandy; an amendment made to the Salt Pond Special Area Management Plan (Salt Pond SAMP) and tried on very high energy shorelines of Matunuck and Misquamicut. CRMC only had one application and CRMC is currently doing research. Authorization of a pilot program goes beyond this enforcement proceeding.

Chair Coia addressed the room stating that he has been a part of the proceedings since the initial night and he is hearing that QCC will take down the wall and begin restoration. Chair Coia also stated that compromises and concessions have been made on both sides and that will continue. Chair Coia acknowledged the standstill between the parties regarding the Trap Bags and asked where the parties go from there.

Mr. Russolino stated that the situation has been going on for two years with multiple plans submitted that are not programmatically acceptable and more time extensions to work with staff on a proposal that is not non-structural. Mr. Russolino stated the Council should proceed with the enforcement action.

Mr. Willis agreed with Mr. Russolino and stated that after 7 plans the QCC will still not meet the definition of nonstructural. Mr. Willis stated he dis not believe more time would get the parties where they need to be.

Discussion began between Council, Staff and QCC regarding:

• Cart path material and location of new cart path – new cart path would be asphalt and would be located at least 9 to 17 feet from the water.
• More discussions regarding the Magenta Line, the red line and the blue line.
• Post Super Storm Sandy Plan did not say anything about being conceptual and per Assent stipulation, the accepted/binding site plan.
• QCC knew that a CRMC permit was needed to do any work near the ocean. Current restoration project is not taken lightly by QCC as will be a huge investment on their part.
• Responsibilities of the environmental monitor in 2013 as contracted by QCC.
• The stonework length was discussed along with the length of the 14th hole which is over 500 yards and modifying of the 14th hole and how that would affect the golf course.

Dr. Reuter made a motion to follow staff recommendations to enforce the order to restore as written.

The motion was clarified to direct CRMC Legal Counsel to pursue all appropriate enforcement actions to enforce the order to restore.

Mr. Flynn seconded the motion.

Chair Coia asked if the motion would prohibit QCC from continuing to work with staff for an approved restoration plan. Attorney DeSisto confirmed that discussions can still take place as enforcement proceedings move forward.

Roll call vote for motion to continue by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Russolino Aye
Dr. Reuter Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carries to pursue appropriate enforcement actions to enforce the order to restore.

6. Executive Session pursuant to RIGL § 42-46-5(a)(2), litigation - “Quidnessett Country Club v. CRMC, PC-2025-04738.”

Motion to enter Executive Session.
Motion: Mr. Gagnon
Second: Dr. Reuter
Roll call vote for motion to continue by Chair Coia:

Mr. Flynn Aye
Mr. Izzi Aye
Mr. Russolino Aye
Dr. Reuter Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion passed.

(Executive Session)

Motion to Seal the minutes of Executive Session:
Motion: Mr. Flynn
Second: Mr. Gagnon

Mr. Flynn Aye
Mr. Izzi Aye
Mr. Russolino Aye
Dr. Reuter Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion passed to Seal minutes of Executive Session.
Motion to direct legal counsel to act in accordance with the discussion in Executive Session.
Motion: Ms. Reynolds
Second: Mr. Flynn

Mr. Flynn Aye
Mr. Izzi Aye
Mr. Russolino Aye
Dr. Reuter Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion passed.

8. ADJOURN

Motion to adjourn:

Motion: Mr. Gagnon
Second: Mr. Russolino

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned at 8:00 pm.

 

Minutes respectfully submitted,
Lisa A. Turner, Recording Secretary

 

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