    [From the U.S. Government Printing Office, www.gpo.gov]

       State of Rhode Island                                            o- o,
       Coastal Management
       Program and                        -
                                                      'P4T� s Of ~
       Final Environmental
       Impact Statement
       U.S. DEPARTMENT OF COMMERCE
       National Oceanic and Atmospheric Administration
       Office of Coastal Zone Management

    0.

                  -w;C=                      ..~

    The preparation of this publication was financed in part by a
    planning grant from the National Oceanic and Atmospheric
    Administration, under the provisions of the Coastal Zone
    Management Act of 1972 (Public Law 92-583), through the Inte-
    grated Grant Administration program administered as part of
    Federal Regional Council grant FRC-IGA-01-07.

                    STATE OF RHODE ISLAND & PROVIDENCE PLANTATIONS
                                 EXECUTIVE CHAMBER
                                    PROVIDENCE

    J. JOSEPH GARRAHY                     March 9, 1978
       GOVERNOR

      Mr. Robert W. Kneckt, Assistant Administrator
       Office of Coastal Zone Management
       National Oceanic and Atmospheric Administration
       2001 Wisconsin Avenue
       Washington, DC

       Dear Mr. Knecht:

       This letter shall constitute the documentation required under the Coastal
       Zone Management Act of 1972, as amended, and regulations set forth at
      40 Federal Register 1683 dated Thursday, January 9, 1975, Title 15, Chap-
       ter IX, Part 923 entitled "Coastal Zone Management Program Approval
       Regulations" as amended at 41 Federal Register 48112 dated November 2,
       1976, 923.21, 923.22, 923.23, and 923.24.

       I have reviewed the Coastal Resources Management Program, and the
       changes thereof, as submitted, and approve this management program
       for the coastal zone as state policy.

       The Office of the Governor shall be the single agency designated for the
       purpose of receiving and administering the grants under Section 306 of
       the Coastal Zone Management Act of 1972, as amended.

       It is the opinion of the Governor that the State of Rhode Island, through
       its agencies, has the requisite authority to administer land and water
       regulations and control development in accordance with the Coastal Re-
       sources Management Program to be submitted. It is further the opinion
       of the Governor that the state has in place the organizational structure
       to implement the management program.

                                        Sincerely,

                                    -     Jo eph Garrahy
                                      G i VERNOR

    NOTE TO READERS

         The National Environmental Policy Act of 1969 mandates that an
    environmental impact statement be prepared as part of the review and
    approval process of major actions by Federal agencies. The action
    contemplated is approval of the Rhode Island Coastal Management Pro-
    gram under Section 306 of the Federal Coastal Zone Management Act of
    1972, as amended. An immediate effect of approval is the qualifica-
    tion of the State for Federal matching funds for use in administering
    the Program. In addition, the Coastal Zone Management Act stipulates
    that Federal activities affecting the coastal zone shall be, to the
    maximum extent practicable, consistent with an approved State manage-
    ment program.

         This document is organized in the following manner:

         -    Part I, Introduction, was prepared by the Federal Office
              of Coastal Zone Management with assistance from the state.

              Part II, the Rhode Island Coastal Management Program, was
               prepared by the state and is relied upon by the Federal
               Office of Coastal Zone Management as the statement of the
               proposed action for the purpossof the National Environ-
               mental Protection Act.

          -    Part III through Part VII!, the Environmental  Impacts, was
               prepared by the Federal Office of Coastal Zone Management
               with the assistance of the state.

          -    Part IX, Responses to the Draft Environmental  Impact
               Statement Comments, was prepared by the Federal Office
               of Coastal Zone Management in consultation with the
               state.

          For purposes of reviewing this proposed action, the key concerns
     are:

          -    whether the Rhode Island Program is consistent with the
               objectives and policies of the national legislation.

               whether the State management authorities are adequate
                to implement the State Program.

               whether the award of Federal funds under Section 306 of
                the Federal Act will help Rhode Island to meet those
                objectives, and

                whether there will be a net environmental gain as a result
                of Program approval and implementation.

         The Office of Coastal Zone Managment believes the answers to
    these key questions are affirmative.

         To those people whosetime is limited in reviewing this Environ-
    mental Impact Statement, the following sections are recommended
    reading in order to understand the essential elements we are. attempt-
    ing to convey to the public:

              Chapter                                          Page

              Introduction
              Policy and Regulation Sections                  Part 11
              Alternatives                                      397

         This Program is of major significance, not only to Rhode Island,
    but to the Nation. It is one of the first Programs submitted from
    the eastern coastal states. Further, the Rhode Island coast repre-
    sents a concentration of natural, historic and economic attributes
    that is of national importance. The Office of Coastal Zone Management
    thanks those participating in the reviewof the Rhode Island Program.

                   Attachment D to Rhode Island Supplemental FSEIS
                                    Spring, 1986

                    (Replaces pp 306-307 of original RICMP, 1978)

    3.  Boundaries of the Coastal Region

       3.1    Federal Requirements

                   Under section 305(b)(1) of the Federal Coastal Zone Management
              Act the state is required to identify the boundaries of its coastal
              zone.  This zone must extend inland only to the extent necessary to
              control lands whose use has a direct and significant impact on ooastal
              waters. It must include transitional and intertidal areas, salt
              marshes, wetlands, beaches and the state's territorial waters. It
              does not include federally controlled lands which, however, must
              be identified.

       3.2    The Inland Boundary

                   The Inland Boundary of the Coastal Management Program consists
              of three tiers.

                   The first tier incorporates all tidal waters, and no less than
              the 200-foot contiguous area landward of all coastal features
               (coastal beaches, dunes, cliffs, bluffs, embankments, rocky shores
              and manmade shorelines). Thus all transitional and intertidal areas
              are managed under the program. In the Salt Pond region the boundary
              is widened to encompass the watershed of the salt ponds. However,
              only activities requiring one acre or more of parking or subdivisions
              of six units or more will be regulated by the Council, beyond their
              normal 200-foot jurisdiction. These boundaries are shown on
              specific maps in The State of Rhode Island Coastal Resources
              Management Program as amended June 28, 1983 and on Figure 1-2 of
              The Salt Pond Region Special Area Management Plan.

                   The second tier includes all coastal municipalities; that is,
              cities and towns with a shoreline abutting any water body in the
              first tier as described above. These are Barrington, Bristol,
              Charilestown, Cranston, East Greenwich, East Providence, Jamestown,
              Little Compton, Middletown, Narragansett, Newport, New Shoreham,
              North Kingstown, Pawtucket, Portsmouth, Providence, South Kingstown,
              Tiverton, Warren, Warwick and Westerly. In the second tier all
              state activities, plans, and projects must be consistent with portions
              of The State Guide Plan Overview (see pages 01.05-01.18 for legal
              authorities and a description of the process).  This application

                                    -2-

          of the State Guide Plan as a canponent of the State of Rhode Island
          Coastal Resources Management Program is distinct from that embodied
          in Section 42-11-10 of the General Laws, which applies to the entire
          state.

               The third tier includes the entire state. In this tier the
          Council will regulate the five activities and uses under their
          jurisdiction by state law: (1) energy generation, transfer
          processing, or storage,. (2) chemical processing, (3) minerals
          extraction, (4) sewage treatment and disposal and (5) solid
          waste disposal.

               This three-tiered boundary was selected by the State in 1985
          after finding that the original boundary of one mile inland from
          the water was difficult for the public to understand or accept in
          practice. While the CRMC still has jurisdiction for Individual
          Sewage Disposal System (ISDS) permits within the first mile inland,
          the public only expects the review of ISDS permits to be for water
          quality issues and not for all the coastal policies as was proposed
          in the original Federally approved program. An attempt to use a
          two-tiered approach, made in 1984, proved unsuccessful due to the
          difficulty of portraying the jurisdiction of the State Guide Plan
          as a component of the coastal resources management program as
          distinguished from its statewide jurisdiction under other
          circumstances. Since the original coastal program was approved
          in 1978, the State legislature enacted the legislation establishing
          the State Guide Plan. Over several years of operation it has been
          found to be an appropriate tool for managing activities which could
          have a significant impact on the coastal waters.

    3.3    The Territorial Sea

               The coastal management boundary extends to the States'
          territorial sea, including all islands therein.

    3.4    Excluded Federal Lands

               All lands owned, leased, or whose use is otherwise by law
          subject solely to the discretion of the Federal government, as
          well as land held in trust by the Federal government are
          excluded from the Coastal Zone. These Federal lands are
          shown in Figure C-2.

      *)  ~Summary

                 ( )  Draft Environmental Impact Statement        (X)  Final Environmental
                                                                      Impact Statement

               Department of Commerce, National Oceanic and Atmospheric Administration,
               Office of Coastal Zone Management.  For additional information about
               this proposed action or this statement, please contact:

                              Office of Coastal Zone Management
                              National Oceanic and Atmospheric Administration
                              Attn: Ms. Kathryn Cousins
                              Regional Manager, North Atlantic Region or
                              Richard S. O'Connor
                              Assistant Manager, North Atlantic Region
                              3300 Whitehaven St., N.W.
                              Washington, D.C. 20235
                              Phone:  202/634-4235

               1. Type of Action

                   Proposed Federal approval of the Rhode Island Coastal Management
                   Program

                       (X)  Administrative               ( ) Legislative

               2.  Brief Description of Action

                   It is proposed that the Secretary of Commerce approve the Coastal
                   Management Program of the State of Rhode Island pursuant to P.L.
                   92-583. Approval would permit implementation of the proposed program,
                   allowing program administration grants to be awarded to the State,
                   and require that Federal actions be consistent with the Program.

               3. Summary of Environmental Impacts and Adverse Environmental Effects

                   Approval and implementation of the Program will allow the State to
                   better coordinate and more effectively implement existing State
                   management'of its coastal zone. The State will condition, restrict,
                   or prohibit land and water uses in some parts of the Rhode Island
                   coast, while encouraging development in other parts. Each coastal
                   municipality will retain primary responsibility for managing land
                   use along its coast. The impacts of the Rhode Island Coastal
                   Zone Management Program will be generally beneficial, although
                   there may be some adverse, short-term economic impacts on some
                   coastal users, and the Program will entail the irreversible
                   commitment of some coastal resources.

    0:

     4. Alternatives Considered

          A. Federal Alternatives

           1. The Assistant Administrator could delay or deny approval of
              the Rhode Island Coastal Management Program if:

             a.    The Program does not have the authorities necessary to
                 implement the Program at the time of 306 approvals

             b.    The Program does not adequately achieve the goals of
                 the Coastal Zone Management Act as expressed by Congress
                 in Section 303 of the Act;

             c.    The. national interest in the siting of facilities in the
                 coastal zone were not adequately considered;

             d. The Program does not meet the specific requirements of the Coastal
                 Zone Management Act.

          B. State Alternatives

              5. The State could withdraw its application and not seek
                 Federal assistance.

              6. Wait until all the new planning requirements of the Act
                 are completed.

              7. Expand the authority of the CRMC and/or area of permit
                 jurisdiction.

              8. Incorporate the CRMC into the new Department of Environ-
                 mental Management.

              9. Revise the Program by defining a different landward
                 boundary.

    5. All federal, state and local agencies and other parties from which
         comments were received are listed in Part IX.

    6. This FEIS was submitted to EPA on March 31, 1978.

                      State of Rhode Island and Providence Plantations
                               EXECUTIVE CHAMBER, PROVDENCE

    J. Joseph Garrahy        EXECUTIVE ORDER
        Gavernor                  No. 17
                          November 16, 1977
                   Designation of Office of the Governor as
                      Recipient of Federal Coastal Zone
                 Management Program Implementation Funds

         WHEREAS, the State of Rhode Island desires to manage the re-
         sources of its coastal region in a manner which achieves the
         objectives of Section 46-23-1 of the General Laws of 1956 as
         amended, and to utilize the authorities -existing in the several
         agencies of state government and all available sources of tech-
         nical and financial assistance in managing these resources, in-
         cluding such federal grants as may be available; and

         WHEREAS, the State of Rhode Island has prepared an effective,
         coherent, and unified program for the management of its coastal
         resources which can be implemented through existing authorities
         and by existing agencies; and

         WHEREAS, the State of Rhode Island has requisite authority
         through its agencies to administer land and water regulations,
         control development, resolve conflicts, and otherwise carry out
          its management program, and adequate provision has been made
         for coordinated participation of all governmental entities in the
          implementation of the State's Coastal Resources Management Pro-
          gram; and

          Id.HEREAS, the Coastal Resources Management Council is estab-
          lished by law as the principal agency to administer and imrple-
          ment the State's Coastal Resources Management Program;

          NOW, THEREFHORE, by the virtue of authority vested in me as
          Governor of the State of Rhode Island and Providence Plantations,
          it is hereby ordered as follows:

    Executive Order No. 17
    Page Two
    November 16, 1977

    1)  The Office of the Governor is hereby designated as the Agency
        which shall fulfill the requirements of sub-section 306(c)(5) of
        the Coastal Zone Management Act of 1972, as amended (16 USC
        1455(c)(5).) In this capacity, the Office of the Governor shall
        apply for, receive, and administer grants under Section 306;
        shall monitor and evaluate the management of the State's coastal
        resources; shall account for the expenditure of federal funds by
        all recipients of such funds; shall make periodic reports to the
        Office of Coastal Zone Management, all governmental agencies
        concerned, and the public on the management of the State's
        coastal resources; and shall request federal approval of amend-
        ments or refinements of the management program as necessary.

    2)  The "State of Rhode Island Coastal Resources Management
        Program," September 1977, sets forth the policies and pro-
        gram for management of the coastal resources of this State.
        The Coastal Resources Management Council is given principal
        responsibility for the  implementation of this program.  The
        Coastal Resources Management Council and all appropriate
        agencies of the State government including, but not limited to,
        the Department of Environmental Management, the Department
        .of Health, and the Statewide Planning Program, shall act in
        accordance with the policies and objectives of the management
        program, to the extent consistent with State statutes and regu-
        lations.

    3)  The Office of the Governor shall prepare an annual work pro-
        gram and application for federal funds under Section 306 and
        submit said work program and application to the Office of Coastal
        Zone Management. The work program and allocation of funds shall
        be prepared in consultation with all agencies concerned. Approval
        of the annual work program and funding allocations shall be subject
        to mutual agreement of the Office of the Governor and the Coastal
        Resources Management Council.
                                 Respectfully yours,

                                         PtAarrahv
                                        RNQR

                The Rnode Island Coastal  Resources Management Program was
           adopted by t'he Coastal Resources Manayement Council on March 14, 1978.

           John A. Lyons, Chairman                     (        ,(

           Alvaro W. Freda, Vice-chairm

           ul  Hicks, fecretar

            Vincent J. OAdo, Jr.  _                           J eph/Turco

                                                      Dennis J.#  vphy                 F

           Barbara Colt                                               C'
                                                      Carolyn  $5rssil

              /94-    /i .t2.26

            Donald C. Brownl                                                                  /
                                                      Rep. Charles T. Wright

            William Miner                                      Chlester T. Ulhaley, Jr.

            Sen. William A. Castro          j

    .     ;  Rep. Richard B. Kiley, Sen. Joseph Chaves and Carlton A. Maine are also
            members of the Council.

                                TABLE OF CONTENTS
                                                                             .Page
    Governor's Letter
    Request for Comments on FEIS
    Note to Readers
    Summary FEIS
    Governor's Executive Order #17
    Coastal Resources Management Council Adoption

    Part I:  Introduction

    A.  Coastal Management Is Not New to Rhode Island                           i
    B.  What The Program Will Do That Is New                                   vi
    C.  What The Program Will Not Do                                           viii
    D.  The Federal Coastal Zone Management Act                                ix
    E.  Cross Reference Of Program Requirements                                xii
    F.  The Development Of The Plan                                            xiv
    G.  The Maps Accompanying This Document                                    xvi

    Part II: Description of the Proposed Action

         Goals
                                                                                xx
         CHAPTER 1: NATURAL SYSTEMS

                      100   The Natural Setting                                 I
                             100.0-1  General Findings

                      110   Tidal Waters and Coastal Ponds                      2
                             110.1    Block Island and Rhode Island Sounds    4
                             110.1-1  Findings                                   4
                             110.2    Estuaries and Coastal Ponds                5
                             110.2-1  Findings                                   5
                             110.0-2  Policies and Regulations                  31

                       120   Shoreline Systems                                  34
                             120.0-1  General Findings                          34
                             120.1    Beaches                                   34
                             120.1-1  Findings                                  34
                             120.2    Barrier Beaches and Sand Dunes            35
                             120.2-1  Findings                                  37
                             120.3    Cliffs, Ledges, and Bluffs                33
                             120.3-1  Findings                                  38
                             120.4    Coastal Wetlands                          39
                             120.4-1  Findings                                  39
                             120.0-2  Policies and Regulations                  41

                       130   Flood Iiazards                                     47
                             130.0-1  Findings                                  47
                             130.0-2  Poli.ces and Regulations                  50

                       140   Coastal Erosion                                    52
                             140.0-1  Findings                                  52
                             140.0-2  Policies and Regulations                  56

    CHAPTER 2:  EXPLOITABLE NATURAL RESOURCES                               59'

                 200   Exploitable Natural Resources                        59
                        200.0-1  General Findings                           59

                 210   Marine Fish and Fisheries                            59
                        210.0-1  Findings                                   59
                        210.0-2  Policies and Regulations                   67

                 220   Aquaculture                                         68
                        220.0-1  Findings                                   68
                        220.0-2  Policies and Regulations                   70

                 230   Minerals Extraction                                  71
                       230.0-1  Findings                                   71
                       230.0-2  Policies and Regulations'                   72

                 240   Native Energy Resources                              73
                       240.0-1  Findings                                    73
                       240.0-2  Policies and Regulations                    77

                 250   Terrestrial Systems                                  77
                       250.1    Agriculture                                 77
                       250.1-1  Findings                                    77
                       250.1-2  Policies and Regulations                    78
                       250.2    Forests and Forest Transition Lands         79
                       250.2-1  Findings                                    79
                       250.3    Freshwater Wetlands                         81
                       250.3-1  Findings                                    Si
                       250.3-2  Policies and Regulations                    82
                       250.4    Wildlife                                    83
                       250.4-1  Findings                                    83
                       250.5    Public Water Supplies                       84
                       250.5-1  Findings                                    84
                       250.5-2  Policies and Regulations                    86

    CHAPTER 3: POLLUTION

                310   Coastal Water Quality                                87
                       310.0-1  General Findings                            87
                       310.1    An Assessment                               87
                       310.1-1  Findings                                    87
                       310.2    Municipal Wastewater Treatment             103
                                  Facilities
                       310.2-1  Findings                                   103
                       310.3    Industrial Effluents                       110
                       310.3-1  Findings                                    liO
                       310.4    Septic Systems                             113
                       310.4-1  Findings                                   113
                       310. 5    Runoff                                    115
                       310.5-1  Findings                                   115
                       310.6    Solid Waste Disposal Facilities            119
                       310.6-1  Findings                                   119
                       310.7    Planning and Regulatory                    123
                                 Responsibi Ii ties
                       310.7-i  Findings                                   123
                       310.0-2  Policies and Regulations                   131

                  320   Ocean Dumping                                       136
                        320.0-1  Findings                                   136
                        320.0-2  Policies and Regulations                   137

                  330   Air Quality                                         139
                        330.0-1  Findings                                   139
                        330.0-2  Policies and Regulations                   145

    CHAPTER 4: CULTURE AND RECREATION

                410   Public Access to Shore                                it6
                       410.0-1  Findings                                    146-
                       410.0-2  Policies and Regulations                    146

                420   Public Beaches and Parks                              147
                       420.0-1  Findings                                    147
                       420.0-2  Policies and Regulations                    152

                430   Conservation and Management Areas                     153
                       430.0-1  Findings                                    153
                       430.0-2  Policies and Regulations                    158

                440   Recreational Boating and Boating Facilities;
                        Residential Docks and Piers                         159
                       440.0-1  Findings                                    159
                       440.0-2  Policies and Regulations                    160

                450   Historic Preservation                                 162
                       450.0-1  Findings                                    162
                       450.0-2  Policies and Regulations                    164

                460   Research                                              164
                       460.0-1  Findings                                    164
                       460.0-2  Policies and Regulations                    165

                470   The Bay Islands Park                                  165
                       470.0-1  Findings                                    i65
                       470.0-2  Policies and Regulations                    166

    CHAPTER 5:  COASTAL DEVELOPMENT

                 510   Residential Development                               168
                       510.0-1  Findings                                    168
                       510.0-2  Policies and Regulations                    171

                 520   Urban Waterfronts and Ports                           172
                       520.0-1  Identification                              172
                       520.1    General Cargo and Petroleum Ports           172
                       520.1-1  Findings                                    172
                       520.1-2  Policies and Regulations          1,0
                       520.2    Commercial Fishing and Recreational
                                  Ports                                     181
                       520.2-i  Findings                                    181
                       520.2-2  Policies and Requlations                    184
                       520.3    Federal Surplus Port Facilities             18S
                       520.3-1  Findings                                    185
                       520.3-2  Policies and Requiatiuns                   i27

                530   Dredging and Dredged Material Disposal               187
                       530.0-1  Findings                                   187
                       530.0-2  Policies and Regulations                   194
                540   Comiie rce and Industry                             197
                       540.1    General Commerce and Industry              197
                       540.1-I  Findings                                   197
                       540.2    Commerce and Industry Related to
                                 OCS Oil and Gas Exploration              203
                       540.2-1  Findings                                   203
                       540.0-2  Policies and Regulations                   209

                530   Transportation and Transportation Facilities        211
                       550.0-1  Findings                                   211
                       550.0-2  Policies and Regulations                   214

    CHAPTER 6: ENERGY

                610   Energy Facilities                                   216
                      610.1    Planning for Energy Facilities             216
                      610.1-I  Findings                                   216
                      610.1-2  Policies and Regulations                   218
                      610.2    Siting of Energy Facilities                219
                      610.2-I  Findings                                   219
                      610.2-2  Policies and Regulations                   220

                620   Electric Power Production                           221
                      620.0-1  Findings                                   221
                      620.0-2  Policies and Regulations                   223

                630   Transfer of Petroleum Products                      224
                      630.1    Transportation by Vessel                   224
                      630.1-1  Findings                                   224
                      630.1-2  Policies and Regulations                   225
                      630.2    Transfer via Pipeline                      225
                      630.2-1  Findings                                   225
                      630.2-2  Policies and Regulations                   226
                      630.3    Vessel to Vessel Transfer                  227
                      630.3-I  Findings                                   227
                      630.3-2  Policies and Regulations                   228
                      630.4    Vessel to Shore Transfer                   237
                      630.4-I  Findings                                   237
                      630.4-2  Policies and Regulations                   238
                      630.5    Shore Transfer                             238
                      630.5-1  Findings                                   238

                640   Storage of Petroleum Products                        239
                      640.1  -Petroleum Bulk Storage                      239
                      640.1-1I  Findings                                  239
                      640.1-2  Policies and Regulations                   239
                      640.2    Storage and Processing of Liquified
                                 Gases                                    241
                      640.2-1  Findings                                   241
                      640.2-2  Policies and Regulations                   242

                650   Processing of Petroleum Products                    244
                      650.0-I  Findings                                   244
                      650.0-2  Policies and Regulations                   245

    CHAPTER 7:  PUBLIC AND GOVERNiMENTAL PARTICIPATI ON                   PAGE

                700   Public and Governmental P.rt icipit ion r 211
                      700.0-1  Findings                                  246
                      700.0-2  Policies and Requlation'.                 21147

    Selected References

    Appendices

         Appendix A:  LEGAL AUTHORITIES                                   255

             1.  Program Development, Organization and Implementa-       255
                 tion Authorities in Rhode Island
             2.  Relevant Constitutional Provisions and Judicial         270
                 Decisions Relating:to Coastal Zone Management
                 Program in Rhode Island

         Appendix B: MANAGEMENT PROCEDURES                                275

             1.  Definitions                                             277
             2.  Meetings                                                278
             3.  Application for Council Permits                         278
             4.  Notification and Review of Permit Applications          280
             5.  Practice Before the Council                             234
             6.  Preliminary Investigations                              285
             7.  Final Decisions of the Council                          285
             8   Service of Process                                      285
             9.  Declaratory Rulings                                     286
            10.  Judicial Review of Contested Cases  286
            11.  Adoption of Management Policies                         288

         Appendix C:  HOW RHODE ISLAND ADDRESSES THE REQUIREMENTS         291
                      OF THE FEDERAL COASTAL ZONE MANAGEMENT ACT

             1.  Determination of Use Permissibility and Priorities    291
             2.  Designation of Geographic Areas of Particular
                 Concern, Areas to be Preserved and Restored             300
             3.  Boundaries of the Coastal Region                        306
             4.  Consideration of the National Interest                  309
             5.  Consistent Federal Actions                              338
             6.  Public, State, and Local Government Involvement         345

         Appendix D:  MAJOR PROGRAM IMPLEMENTATION OBJECTIVES:
                      FIRST YEAR WORK PROGRAM                            369
         Cross Reference List - Index                                     373

         Glossary                                                         375

    Part III: Probable Impacts of the Proposed Action on the
              Environment

         Impacts Directly Resulting from Federal Approval

         Chapter 1      Summary of Probable Environmental,                    384
                        Social and Economic Impacts

         Chapter 2      The Probable Impacts of Approval on                   387
                        Existing Management Authorities

    Part IV:  Alternatives to the Proposed Action                             397

         Chapter 1      Federal Alternatives                                  397
         Chapter 2      State Alternatives                                    400

    Part V:   Probable Adverse Environmental Effects Which Cannot
              be Avoided

    Part VI   Relationship Between Local Short-Term Uses of the Environ-
              ment And The Maintenance and Enhancement of Long-Term
              Productivity

    Part VII  Irreversible or Irretrievable Commitments of Resources          407
              That Would Be Involved in the Proposed Action Should It
              Be Implemented

    Part VIII Consultation and Coordination                                   408

                        LIST OF FIGURES, TABLES, AND ATTACHMENTS

    FIGURES, TABLES, AND ATTACHMENTS                                 PAGE

    FOLDOUT MAPS:  (in:pocket of back cover)
         1.   Priorities of Use for the Rhode Island's
              Coastal Region.
         2.   Geographic Areas of Particular Concern and
              Areas for Preservation and Restoration in the
              Rhode Island Coastal Region.

    CHAPTER 1: THE NATURAL SETTING

    Figures:

         1-1  Tidal Waters and Coastal Ponds                          3
         1-2  Coastal Flooding                                       48
         1-3  Critical Erosion Areas                                 53

    Tables:
         1-1  Activities in and Values of Rhode Island's             10
              Coastal Ponds

    CHAPTER 2: EXPLOITABLE NATURAL RESOURCES

    Figures:
         2-1  NMFS 511-616 and ICNAF Areas 5 and 6                   62
         2-2  Potential Coal Bearing Areas Suitable for
              Future Exploration                                     75

    Tables:
         2-1  Commercial Landings at Point Judith and Newport
              by NMFS Statistical Area                               63
         2-2  Total Outputs, Aggregate Multipliers and Household
              Income Multipliers-Rhode Island, 1975                  63

    CHAPTER 3: POLLUTION

    Figures:
         3-1  Water Quality Classification                           88
         3-2 Existing and Proposed Major Publicly Owned
              Wastewater Treatment Facilities                       104

    Tables-:
         3-1  Water Quality Criteria for Classification              89
              of Water of the State
         3-2  Existing and Proposed Publicly Owned                   105
              Wastewater Treatment Facilities
         3-3  Summary of Selected Data on Municipal Waste-           106
              water Treatment Facilities
         3-4  Agricultural Pesticides Commonly Used in               117
              Rhode Island

    FIGURES, TABLES, AND ATTACHMENTS                                      PAGE

         3-5  Deadlines for Regulations to be Promulgated
               Under the Resource Conservation and Recovery
               Act                                                         122
         3-6. Major Air Pollutants                                        140

    Attachments:
         3-1  Council and Federal EPA Region 1 Mutual Letter
               of Understanding and Operations                             128

    CHAPTER 4: CULTURE AND RECREATION

    Fiqures:
         4-1i  Historic Places                                            163

    Tables:
         4-I  State and Municipal Beaches and Parks in                     148
               the Coastal Region (over 1 acre)
       4-2  Conservation and Management Areas in                          154
               the Coastal Region

    CHAPTER 5: COASTAL DEVELOPMENT

    Figures:
         5-1  Major Rhode Island Ports                                    173
                                                                           173
         5-2  Import-Export Patterns (1968-1976)                          177
         5-3  Dredging Permit Process                                     193
         5-4  Employment Trends by Sector (1960-1973)                     198
         5-5  Coastal Industrial Concentrations                           201
         5-6  Land Zoned for Industrial Use 1970                          202
         5-7  Major Highway Systems                                       212

    Tables:
         5-1 Port of Providence Patterns: Manifested
               International Cargo Evaluation                               6
                                                                           176
         5-2  Port of Providence:  1975 Imports by Value                   176
         5-3  Application Form for a U.S. Army Corps of
              Engineers Permit to Dredge: Drawing
              Requirements and Checklist                                  195
         5-4  Target Industries                                           200
         5-5 Commercial and Industrial Facilities Related
              to the Exploration and Productions of OCS Oil
              and Gas                                                     207

    FIGURES, TABLES, AND ATTACHtlENTS                                      PAGE

    CHAPTER 6: ENERGY

    Figures:
            6-1                                                            236
            6-2  Major Oil Storage Facilities in Rhode Island              240

    Tables:
            6-1  Rhode Island Electricity Consumption                      217

    APPENDIX B:  MANAGEMENT PROCEDURES

    Figures:
            B-1  CRMC Permit Application Procedures                        276

    APPENDIX C:  HOW RHODE ISLAND ADDRESSES THE REQUIREMENTS OF THE
                  FEDERAL COASTAL ZONE MANAGEMENT ACT OF 1972

    Figures:
            C-1  Methodology for Map Preparation                           294
            C-2  Federal Lands in Rhode Island's Coastal Region            308
            C-3  The Rhode Island Coastal Resources Management             357
                   Program

    Tables:
            C-i  Categories of Priorities of Use                           295
            C-2  Summary of Permissible and Priority Uses                  296
            C-3  State Consideration of Federal Criteria                   301
                   for Designating Geographical Areas of Particu-
                   lar Concern
            C-4  Public Participation Efforts                              310
            C-5  Summary:  Consideration of Federal Comments               313
            C-6  Summary of Federal Agency Mission Description/            318
                   Policy Statements
            C-7  Public Participation:  Key Groups with Interest           348
                   in Rhode Island's Coastal Zone
            C-3  Workshops on the Findings and Policies of the             353
                   Rhode Island Coastal Management Program
            C-9  Rhode Island Framework Plans                              359
            C-10 Relevant Municipal Plans                                  361

                      LIST OF POLICIES  AID REGULATIOIIS

    Policy Number                                                Page

                 CHAPTER I:  THE NATURAL SETTINIG
    110.0-2      Tidal Waters and Coastal Ponds                  31
    120.0-2      Shoreline Systems                                41
    130.0-2      Flood Hazards                                    50
    140.0-2      Coastal Erosion                                  56

                 CHAPTER 2: EXPLOITABLE NATURAL RESOURCES

    210.0-2      Marine Fish and Fisheries                        67
    220.0-2      Aquaculture                                      70
    230.0-2      Minerals Extraction                              72
    240.0-2      Native Energy Resources                          77
    250.1-2      Agriculture                                      73
    250.3-2      Freshwater Wetlands                              82
    250.5-2      Public Water Supplies                            86

                 CHAPTER 3: POLLUTION

    310.0-2      Coastal Water Quality                           131
    320.0-2      Ocean Dumping                                   137
    330.0-2      Air Quality                                     145

                 CHAPTER 4: CULTURE AND RECREATION

    410.0-2      Public Access to Shore                          146
    420.0-2      Public Beaches and Parks                        152
    1430.0-2     Conservation and Management Areas               158
    440.0-2      Recreational Boating and Boating
                 Facilities; Residential Docks and Piers        160
    450.0-2      Historic Preservation                           164
    460.0-2      Research                                        165
    470.0-2      The Bay Islands Park                            166

                  LIST OF POLICIES AND REGULATIONS (cont.)

    Policy Number                                                  Page

                 CHAPTER 5: COASTAL DEVELOPMENT

    510.0-2      Residential Development                           171
    520.1-2      General Cargo and Petroleum Ports                 180
    520.2-2      Conmercial Fishing and Recreational Ports         184
    520.3-2      Federal Surplus Port Facilities                   187
    530.0-2      Dredging and Dredged Material Disposal            194
    5410.0-2     Commerce and Industry                             209
    550.0-2      Transportation and Transportation Facilities   214

                 CHAPTER 6:  ENERGY

    610.1-2      Planning for Energy Facilities                    218
    610.2-2      Siting of Energy Facilities                       220
    620.0-2      Electric Power Production                         223
    630.1-2      Transportation by Vessel:  Petroleum Products  225
    630.2-2      Transfer via Pipeline: Petroleum Products         226
    630.3-2      Vessel to Vessel Transfer: Petroleum Products  228
    630.4-2      Vessel to Shore Transfer: Petroleum Products   238
    640.1-2      Petroleum Bulk Storage                            239
    640.2-2      Storage and Processing of Liquified Gases         242
    650.0-2      Processing of Petroleum Products                  245

                 CHAPTER 7: PUBLIC AND GOVERNMENTAL
                               PARTICIPATION

    700.0-2      Public and Governmental Participation             247

                                      Part 1

                                   INTRODUCTION

    A. COASTAL MANAGEMENT IS NOT NEW TO RHODE ISLAND

       Designated State Agency
       The Office of the Governor shall be the single agency which will be
       fiscally responsible for receiving and administering grants under
       Section 306. The State of Rhode Island Coastal Resources Management
       Council is the agency responsible for implementation of the Rhode Island
      Coastal Resources Management Program and thus the agency responsible for
       the implementation of the Section 306 Program.

       The Council, by Legislation, is the principle mechanism for the manage-
      ment of the resources of the State's coastal region and has all requisite
       authorities for the management, planning and operational function of
       Section 306 implementation. To ensure unified coordination, the Office
       of the Governor shall act in concert with the Coastal Resources Manage-
      ment Council for administration, designation and expenditures of
       Section 306 grants. Joint approval of the Office of the Governor and
       the Coastal Resources Management Council. is required prior to such
       administration, designation and expenditures.

       The Office of the Governor as single agency responsible for receiving
       and administering Section 306 grants shall monitor approved programs
       and activities funded by Section 306 and prepare and submit reports to
       the Office of Coastal Zone Management on said programs and activities.
       For purposes of this Environmental Impact Statement, the actions and
       regulations of the Council will be analyzed in the probable impact
       section and alternatives.

       The Council
       The Coastal Resources Management Council was created by the Rhode Island
       Legislature in 1971 as "the principal mechanism for management of the
       state's coastal resources. The Council consists of 17 members appointed
       by the Governor, the Lieutenant Governor and the Speaker of the House
       and must consist of at least four local officials representing communi-
       ties of various sizes. (The membership requirements of the Council are
       outlined in Appendix A)

       The Coastal Region
       The coastal *region is defined as including those lands within approxi-
       mately one mile of tidal waters (the inner boundary of the census tract
       bisected by a line drawn one mile inland from tidal waters). As so
       defined the coastal region contains several coastal cities and towns in
       their entirety and encompasses nearly all the coastal watershed. For
       permit review purposes, the boundary includes all coastal towns. The
       planning region is shown on the two foldout maps that accompany this
       volume.

    The Council Authority over the Coastal Region
    The Council's Legislative mandate is clear:

           "...it shall be the policy of this state to preserve,
           protect, develop and where possible, restore the coastal
           resources of the State for this and succeeding generations
           through comprehensive and coordinated long-range planning
           and management designed to produce the maximum benefit
           for society from such coastal resources; and that
           preservation and restoration of ecological systems shall
           be the primary guiding principle upon which environmental
           alteration of coastal resources will be measured, judged,
           and regulated."

    The Council has direct permitting authority over all activities
    between the mean high water mark and the outward limits of the
    State's territorial sea, coastal wetlands, physiographic features
    and all directly associated areas contiguous to and necessary to
    preserve the integrity of such areas and features.1

    It also has direct permitting authority over a number of
    specific activities wherever they occur in the state where
    it finds a reasonable probability that a proposal will:

           (1) conflict with a Council management plan or program
           (2) significantly damage the environment of the coastal region; and/or
           (3) make any area unsuitable for any uses or activities to which
                it is allocated by a Council plan or program.
    Those activities are:
                      power generating and desalination plants-

                      chemical or petroleum processing, transfer or storage;

                      mineral extraction;

                      shoreline protection facilities

                      sewage treatment and disposal and solid waste disposal
                       facilities

    In effect the Council has direct authority over the entire shoreline
    and over those activities that are likely to significantly affect
    the shore or tidal waters.

     I Physiographic features are defined as all coastal ponds and
       shoreline systems included in Sections 110 and 120 of Part II of
       this document.

    In those areas of the coastal region lying outside of coastal--wetlands,
    physiographic features and contiguous areas, the Council will make permit
    decisions with respect to proposals in connection with its authority to
    review-applications for permits for sewage treatment and disposal
    (including individual, private septic systems).  The term sewage has been
    broadly defined and permitting authority over sewage facilities gives the
    Council the power to regulate a wide variety of major developmentsif they
    conflict with the three criteria listed above. In areas outside the
    coastal region, the Council shall only review those applications related
    to major facilities.

    All State agencies are directed by the Rhode Island Coastal Resources
    Management Act, to cooperate and act consistently with the Council's
    plans and programs for the coastal region.  In addition, the Council's
    plans for the coastal region are an elaboration of, and fully consistent
    with the State Guide Plan. New comprehensive municipal plans must
    be in conformance with the State Guide Plan

    The Council's Permit Review Process
    The Council is the last step for in-State permit procedures and
    acts formally on an application only when all local and other
    State approvals have been obtained.  Persons proposing alterations
    along the shoreline are informed by Council staff or by local auth-
    orities when a Council permit is required. Relevant proposed
    Federal activities are channeled to the Council for review by
    staff at the Statewide Planning Program, the States .A-95
    clearinghouse.  Applications for any activities that may come:
    under Council jurisdiction are forwarded by other State agencies
    to the Council for review.
    Applications for Council permits are processed by staff of the
    Department of Environmental Management's Division of Coastal
    Resources. The staff ascertains what other State and Federal permits
    are needed and that the application procedure is being followed
    in proper sequence. Comments from interested parties including
    local, State and Federal officials, private groups and individuals
    are reviewed. Data relevant to the nature of the proposed activity
    and the site are taken from the maps at  the Department of
    Environmental Management., A biologist, an engineer and at least
    one member of the Council then verify the information in a site
    visit and prepare a written statement which addresses the engineering
    plans submitted, their assessment of the site's suitability for
    the proposed actions, an identification of significant natural
    features, the results of any tests performed and, recommendations
    for Council action on the permit application.  Finally, a single
    page summary of the major points raised through the review process
    and references to applicable management policies and regulations
    is prepared.  All the completed review forms, comments from indi-
    viduals, groups, local, State, and Federal agencies are provided
    to the Council members before they act on the application.  The
    entire package of materials is also available to the public.
    These steps are a refinement of the permit review process that
    has been ongoing for the past several years.

                                    iv

    The State's Administrative Procedures Act and the Council's own
    procedures ensure ample public notice of all pending Council
    permit activities. Hearings are held if-there are one or more objections or
    requests for a hearing from interested parties.Local governments,
    State and Federal agencies and any interested citizen who so
    requests, are sent copies of every application before the Council.
    The time needed to process an uncontested application is approx-
    imagely 45 days. For the past several years the Council has been
    processing applications at a rate of approximately 150 each year.

    The results of the Council's work are wide ranging. Several
    persons who have filled-areas of coastal wetland have been required
    to remove the fill and restore the area. Innumerable projects
    that would have required the filling or alteration or coastal
    wetlands has been modified so that no damage to coastal wetlands
    has resulted. Council regulations and policies have prevented
    residential development on previously undeveloped barrier beaches
    and new structures on developed barrier beaches are only permitted
    if stringent criteria are met. No new building has been permitted
    on sand dunes.  The Council has required that  a  project  involving a
    phone cable -be extensively re-routed in Rhode Island Sound so
    that it would not interfere with commercial fishing grounds.
    The Council is effective in working with Federal agencies and has
    been instrumental in activating stalled Federal projects, such as
    navigational improvement to the Port of Galilee.

    Since it was established in 1971, the Coastal Resources Management
    Council has reviewed over 600 permits.  Due to an increasing number
    of applications, the number of "approvals" each year has slowly increased;
    approximately 125 permits were granted during fiscal year 1977 (7/1/76-7/1/77).

    Approximately 97% of all permit applications have been approved,
    many after modifications suggested by the Council and its staff
    have been incorporated.  The activities most frequently denied were septic
    systems for individual homes (7 denials). filling below mean hi-gh
    water (9), and piers or docks (4).

    Approximately one-third of the approvals were conditioned by the
    Council to minimize adverse environmental effects.  .Where applicable
           procedural conditions are attached to permits.
    These conditions require that the applicant comply with all Federal
    and State water quality standards and regulations, .may make the permit
    revocable after fifty years, may require payment of a usage fee, stipulate
    that any necessary Federal permit be obtained, and, in most instances,
    require the applicant to notify the Council when construction is
    to begin and when construction is completed.

                                           v

          The types of substantive conditions attached to permits vary
          greatly depending on the type of project. Common conditions
          stipulate in what manner and in what locations dredge spoil shall
          be disposed, require that steps be taken to insure that wetlands
          are not damaged by construction activity,    require that proposed
          structures be placed above mean high water, or require that no wastes
          are discharged into the waters of the state.
          More than one-third of all applications were for the construction
          of docks, boat ramps, piers and floats. The next most common
          types of permits were in order, 1) for the construction of bulkheads,
          2) rip-rap, 3) seawalls and groins; 4) septic systems for individual
          dwellings; 5) and sewage treatment facilities and sewage outfalls.
                      The Council has not received an application for a power
          generating or desalination plant, or for a chemical or petroleum
          processing, transfer, or storage facility.

          Pressure for coastal development is spreading south from the already
          heavily developed urban concentration of the greater Providence
          area into previously undeveloped areas.  Development pressure
          has been particularly strong in recent years in the town of Narra-
          gansett and along the south shore southwest of Narragansett Bay.
          According to detailed examinations performed by the Coastal Resources
          Center permitting activity has been concentrated in or near sheltered
          bays, coves, rivers and salt ponds. Chart I shows the number of
          council permits granted by region.

          Chart I:  NUMBER OF PERMITS GRANTED BY REGION  (1971 - 1975)

               249

      2~~~:

    100
                 :         :~~~~~~~~3

                                                          128

                                              59
                                                                         39

             South Ws
                               W0  South  Wet  Greater   East          Sakoynet River S
             Shore             Day           Providence    Bay          Block Island

                                     vi

       Over one-half (52%) of all applications received were submitted
       by private individuals as opposed to 28% of the applications
       submitted in connection with proposed commercial or industrial
       developments. The remaining 20% of the applications were submitted
       by municipal (12%), State (7%) and Federal (1%) government agencies.

       One measure of the effectiveness of the permitting procedure is
       the time required to achieve a final determination from the time
       that an application is submitted. A detailed investigation of
       this question for the period 7/1/73 to 7/1/75 was conducted by
       the Coastal Resources Center. it was found that an average of 16
       weeks was required to process an application. Eighty three percent
       of all project applications were resolved within 6 months of the
       time when the application was submitted.

       This information, however, falls to measure public and private
       decisions not to proceed with development as a result of the permit
       review process. The existence of a strong environmental review
       procedures has discouraged certain types of development that
      would adversely impact the coastal environment.

    B. WHAT WILL BE NEW AS A RESULT OF THIS PROGRAM

       1.  Regulations are      in place.  All coastal physiographic
           features and activities under Council jurisdiction will be subjected
          to regulations adopted on the dates listed:

                Activities in Tidal Waters and coastal ponds,.September 1977

                Sand Dunes, 1974, amended 1975

                Beaches and barrier beaches, 1974, amended 1975

                Cliffs, ledges, bluffs, September 1977

                Coastal Wetlands, 1975

                Flood hazard areas, September 1977

                Erosion Control Measures, September 1977

                Aquaculture, September 1977

                Areas in or contiguous to public beaches and coastal parks,
                and historic resources, September 1977

                Areas in or contiguous to coastal conservation, fisheries
                or wildlife management areas, public rights of way and
                public view sites, September 1977

                                           vii

                         Marine minerals mining, 1975

                         Sewage treatment facilities, September 1977

                      �  Solid waste facilities, September 1977

                         State sewage treatment investment, according to the
                         Program, September 1977

                         Ocean dumping, September 1977

                         Dredging in tidal waters, September 1977

                         Causeway or bridge through or over coastal waters,
                         September 1977

                      . Petroleum and LNG processing transfer, and storage,
                         September 1977

                        Vessel to vessel transfer of petroleum, 1973

                         Power generating, September 1977

                      � Commercial/industrial siting in selected port areas,
                         September 1977

             2. A prohibition is placed on processing applications to construct
                 electrical power generating facilities and oil storage tank
                 farms in oraffecting the coastal region until such time as
                 necessary evaluations or studies are complete, but not to
                 extend beyond September 30, 1978,

            3, Permits will be conditioned or prohibited for activities incon-
                sistent with the regulations and policies adopted by the Council
                and incorporated into the program.

            4.  Additional staff will be provided to service the Council,

            5. Federal Government activities will be required to be consistent
                with the State program, to the maximum extent practicable

            6, The Coastal Management Program and the State Guide Plan
                are consistent and State agencies are required to be consistent
                with both.

    0

                                   viii

      7. Detailed coastal maps and other information will be available.
          The planning process has led to the production of orthophoto
          quadrangle maps (black and white photographs planimetrically
           corrected to conform with U.S. Geological Survey (topographic
           maps) for the entire coastal region at a scale of 1:12,000).
          Mapable features of the region have been transferred onto
          overlays for each orthphoto base map and include such features
          as local zoning, recreation facilities, historic sites, wetlands
          public water and sewage lines and flood hazard zones. These
          maps will be of great use to other State agencies and to local
          cities and towns as well as to the Council's staff.

    C.  WHAT THE RHODE ISLAND COASTAL PROGRAM WILL NOT DO

        The Rhode Island Coastal Management Program will not regulate
    the following activities or land uses:

       1) The Program will not have zoning controls or powers. These
         will remain the responsibility of local government.

      2) The Program does not regulate single family homes or control
         sprawl unless they have a direct impact on coastal resources.

      3) The Program will not stop all development on altered or developed
         barrier beaches.

      4) The Program does notpropose increased public acquisition of
         recreation facilities other than those areas proposed in the
         Bay Island Park Plan.

      5) It is not a growth management program however the Program
         does direct growth away from some key coastal resources.

                                     ix

    D.  THE FEDERAL COASTAL ZONE MANAGEMENT PROGRAM

         The Coastal Zone Management Act of 1972 (P. L. 92-583) was gassed in
    recognition of the importance of the coastal zone of the United States
    and the potentially adverse affects of intense pressures upon this national
    resource.  The Act authorized a program of financial assistance to States
    to manage their coasts and is administered by the Secretary of Commerce,
    who in turn delegated this responsibility to the National Oceanic and
    Atmospheric Administration (NOAA), Office of Coastal Zone Management.
    The program was substantially modified by Coastal Zone Management Act
    Amendments of 1976 (P. L. 94-370).

         The CZMA opens by stating "there is a national interest in the effec-
    tive management, beneficial use, protection, and development of the.
    coastal zone."  (Section 302(a)).  The statement of Congressional find-
    ings goes on to describe how competition for the utilization of coastal
    resources, brought on by the increased demands of population growth and
    economic expansion, has led to the degradation of the coastal environ-
    ment, including the "loss of living marine resources, wildlife, nutrient-
    rich areas, permanent and adverse changes to ecological systems, decreas-
    ing open space for public use, and shoreline erosion." The CZMA then
    states, "the key to more effective protection and use of the land and
    water resources of the coastal zone is to encourage states to exercise
    their full authority over the land and waters in the coastal zone by
    assisting states...in developing land and water use programs...for deal-
    ing with coastal land and water use decisions of more than local signi-
    ficance."  (Section 302(h))

         The State level of government has prime responsibility for achiev-
    ing "effective management, beneficial use, protection, and development
    of the coastal zone" (Section 302(a)). Under Section 305 of the Federal
    Act, up to four years of grants are available to 34 coastal states and
    territories (the Great Lakes States are included) to finance-up to
    80 percent of program development costs. General guidelines for the pre-
    paration of management programs are provided in 15 CFR 920.50.

                                           x

        After developing a management program, the State may submit its pro-
    gram to the Associate Administrator for approval. If a program has
    deficiences which can be remedied but prohibit full approval under Sec-
    tion 306, the State is eligible for additional funding under Section 305(d).
    Funds provided under this Section can be used for initial program imple-
    mentation and continued program development efforts.   (15CFR 920.61)
    If approved, the State is then eligible for annual grants under Section
    306 to administer its management program.

         OCZM has published criteria to be used for approving State coastal
    management programs and guidelines for program administrative grants
    (15 CFR Part 923, Federal Register 40 (6): 1683-1695). These criteria
    and guidelines set forth (a) the standards to be utilized by the Asso-
    ciate Administrator in reviewing and approving coastal management pro-
    grams developed and submitted by coastal States for approval, (b) pro-
    cedures by which coastal States may qualify to receive program
    administrative grants, and (c) policies for the administration by
    coastal States of approved coastal management program.   The Associate
    Administrator will review the management program in accordance with the
    following general requirements:

         (I)  That the management program is comprehensive.  It must
    address and provide for the management-of those significant resources,
    uses and areas that the State has determined, through its development
    process and in consultation with all relevant interests as required
    by the Act and these regulations, make its coastal zone a unique, vul-
    nerable and/or valuable area requiring various forms of management;

         (2)  That the policies, standards, objectives and criteria upon
    which-decisions pursuant to the program will be based are articulated
    clearly and are sufficiently specific to provide (i) a clear under-
    standing of the content of the program, especially in identifying who
    wi]l be affected by the program and how, and (ii) a clear sense of
    direction and predictability for decision makers who must take actions
    pursbant to or consistent with the management program; and

         (3) That there are sufficient policies of an enforceable nature
    to insure the implementation of and adherence to the management program.

         As of August 1, 1977, 33 out of 34 eligible coastal states and ter-
    ritories had received program development grants and two States
    (Washington and Oregon) and two segments had received program approval
    under Section 306. This is one of seven programs that will seek
    approval prior to June 1978.

                                                                                    0

                                 xi

         The 1976 Amendments established a new assistance program consisting
    of grants, loans, and bond guarantees to States impacted by OCS oil and
    gas or other forms of energy development. In order to be eligible for
    assistance, a State must be receiving development (305) or administra-
    tive (306) grants, or, in the Associate Administrator's view, be devel-
    oping a management program consistent with the policies and objectives
    contained in Section 303 of the Coastal Zone Management Act. Other
    sections of the Act provide grants to States to coordinate, study, plan,
    and implement interstate coastal management programs (Section 309); al-
    low the Associate Administrator to conduct a program of research, study,
    and training to support State management programs (Section 310) and pro-
    vide grants to States to acquire lands for access to beaches and other
    public coastal areas.  (Section 315)

         Besides the financial assistance incentive for State participation,
    the Coastal Zone Management Act stipulates that Federal activities af-
    fecting the coastal zone shall be, to the maximum extent practicable,
    consistent with approved Statement management programs the "Federal
    consistency" requirement, Section 307(c)(1) and (2)). The State must
    concur with any applicant's certification that a Federal license or
    permit affecting land and water uses within the coastal zone is con-
    sistent with the State's coastal management program. Section 307 of
    the Coastal Zone Management Act requires that any outer Contental
    Shelf oil and gas activity described in an exploration, development, or
    production plan be certified to the Secretary of the Interior that it
    is consistent with an approved State management program.  The State
    must concur with such.certification prior to any approval by the Depart-
    ment of the Interior. Section 307 further provides for mediation by the
    Secretary of Commerce when serious disagreement arises between a Federal
    agency and a State with respect to the administration of a State's pro-
    gram and shall require public hearings in the concerned locality.

                                       xii

    E. HOW THE RHODE ISLAND COASTAL PROGRAM MEETS FEDERAL ACT REQUIREMENTS

        The table below indicates which Chapters of the Rhode Island
    Program describe how the State's management program meets the specific
    requirements of Section 306 of the Coastal Zone Management Act:

      Office of Coastal Zone Management Requirements
       15 CFR Part 923, Section:                                     Page

       .4(b) Problems, Issues and Objectives                         xvii

       .5  Environmental  Impact Assessment                      Part 1, 3, 4, 5, 6, 7, 8

      .11  Boundaries                                                306

      .12  Land and Water Uses to be Managed                         262

      .13  Areas of Particular Concern                               300

      .14  Guidelines on Priority of Uses                            291

      .15 National Interest in the Siting of
            Facilities                                               309

      .16  Area Designation for Preservation and
            Restoration                                              300-305

     .17  Local Regulations and Uses of Regional
            Benefit                                                  323

      .18  Shorefront Access Planning                             To be completed in
                                                                  first year of
      .19  Energy Facility Planning                                Program implementation

     .20 Shoreline Erosion

     .31 Means of Exerting State Control over
            Land and Water Uses                                      260-269

      .32  Organizational Structure to Implement
           the Management                                           255

      .�33  Designation of Single Agency                              i

      .34  Authorities to Administer Land and Water
           Use, Control Development and Resolve Conflicts           255

      .35  Authorities for Property Acquisition                    Appendix A2

                                     x i i i

    Office of Coastal Zone Management Requirements
     15 CFR Part 923, Section: (cont.)                                 Page

    .36  Techniques for Control of Land and Water Uses             Appendix A

    .41 Full Participation by Relevant Bodies in
          Adoption of Management Program                              246-248

    .42 Consultation and Coordination With Other
          Planning                                                    266-269

    .51  Public Hearings                                          Subsection 6.2

    .52  Gubernatorial Review and Approval                           Cover letter

    .53  Segmentation                                                  Not applicable

    .54  Applicability of Air and Water Pollution
          Control Requirements                                      Water p.87
                                                                     Air p.133
                                                                          p.128

                                     xiv

    F. THE DEVELOPMENT OF THE COASTAL PLAN

         In 1969, a group of concerned citizens recognized that Rhode
    Island's 419 mile coastline, and Narragansett Bay in particular, were
    in danger. No single plan or authority existed to regulate the use
    of these resources, developments that were restricting future choices
    were proceeding at an accelerating rate and much of great value had
    already been lost. The problem of how coastal resources should be
    managed became the topic of two years of intense legislative debate.
    The result was the creation of the Coastal Resources Management
    Council in 1971.

         The legislature did not envision that the Council would give rise
    to another State bureaucracy but that it would rely on other units
    of State government to provide it with the staff needed to develop
    and administer its programs. Thus, the Coastal Resources Center at
    the University of Rhode Island is primarily responsible for conducting
    research and drafting resource plans. The Council also relies heavily
    on the Statewide Planning Program for assistance in developing its
    plans, assurance that Council actions are fully consistent with the
    State Guide Plan and for notification of Federal programs that may
    affect coastal management plans and programs. The recently created
    Department of Environmental Management combines, the former Department
    of Natural Resources with several divisions formerly within the
    Department of Health. The new agency combines all the divisions with
    which the Council works most closely and will facilitate future
    cooperation. The Department's Division of Coastal Resources will
    continue to carry out the daily operations of the Council by processing
    permit applications, scheduling hearings and providing the Council
    with the staff it needs to meet its regulatory reponsibilities.

         The Federal Coastal Zone Management Act of 1972 has striking
    similarities to the coastal management legislation passed the previous
    year in Rhode Island. In 1973, Rhode Island became one of the first
    States to receive a planning (305) grant under the new Federal statute.
    These funds enable the State to hire planning personnel, perform
     studies and involve the public in the process of developing a management
     program more quickly than would otherwise have been possible. The
     requirements for a program eligible for program implementation (306)
     grants have provided a detailed framework withinwhich the State
     program has developed and one similar to that of neighboring States
    working to attain the same goal. For a State as small as Rhode
     Island, commonality of purpose with adjoining States is of particular
     importance.

          A host of problems requiring immediate attention faced the newly
     formed Council in 1971. Its first decision was not to declare a
     moratorium on development while a plan was developed and thus
              planning and management would have to proceed concurrently..
     The order in which plan elements were developed and adopted was
     governed by necessity. Regulations over the ship-to-ship transfer of

                                      xv

    oil were adopted in 1973, detailed policies and regulations for the
    management of barrier beaches were first adopted in 1974 and subse-
    quently amended in 1975. A plan element governing marine minerals
    mining was also passed in 1975.

         The Rhode Island public and specific interest groups have been
    extensively involved in the process that has resulted in the adoption
    of coastal management policies. During the past.four years task
    forces have been created to help frame policies on barrier beaches,
    fisheries, and marine sand and gravel extraction. Public workshops
    have been held on topics such as offshore oil development, erosion
    control and aquaculture. Thirteen workshops were held to discuss drafts
    for the various sections of this document. The Council also strives
    to solicit public input and to promote awareness of coastal management
    issues through a public education program and by working to assure
    maximal press coverage of all major issue.  The development of this
    document has received extensive media coverage.

         This volume sets forth for the first time a comprehensive management
    program made up of Findings, Policies and Regulations for each manage-
    ment topic. The production of this volume does not mean, however,
    thatthe planning process has finished but, rather, that the frame-
    work has been completed. Elements of the Program will have to be
    refined in the future; for example, detailed regulations governing
    individual septic systems along the shoreline will be developed over
    the next year.

         All adopted elements of the management plan are based upon an
    extensive inventory and assessment of the State's coastal resources.
    This work has been accomplished primarily at the Coastal Resources
    Center where available information on Rhode Island's coastal ecosystems
    and the State's socio-economic characteristics has been compiled and
    reviewed. Primary research has been undertaken in several areas where
    available data was lacking. The coastal inventory and assessment
    emphasizes the interrelationships between man and his environment.
    Particular attention has been given to how individual systems respond
    to stress, their direct and indirect values to man and their links
    with other ecosystems. Areas dominated by man, his uses and structures
    have been assessed in much the same manner as "natural systems."
    This process has madeit clear that the present level of understanding
    of how living systems function and relate to one another'is limited and
    that only in a few situations is it possible to predict what the
    effects of an alteration will be. Environmental impacts of structures
    and human activities vary enormously depending on the magnitude of the
    alteration and precisely how and where it takes place. For this reason
    the management approach taken in this document relies heavily upon per-
    formance standards.

    G. THE MAPS ACCOMPANYING THIS DOCUMENT

         The foldout map entitled "Priorities of Use for the Rhode
    Island Coastal Region" illustrates the application of the coastal
    management program to the coastal region. The map shows areas
    where the use is already determined (preempted lands) and preferred
    future uses for uncommitted lands. The result is a refinement
    of the State Guide Plan, the formally adopted set of policies which
    provide the framework in which future development in the State
    will take place. This map has been produced through use of a
    computerized data inventory and, since it is drawn from a computer
    print-out, is cartographically distorted. The second foldout shows
    those areas that have been designated as Geographic Areas of Particular
    Concern and Areas Designated for Preservation and Restoration.

                                  xvii

                                  Part II

                    DESCRIPTION OF THE PROPOSED ACTION

    The federal action involved is approval of the Rhode Island Coastal
    Resources Management Program in accordance with Section 306 of the
    Coastal Zone Management Act of 1972. The most meaningful description
    of the action is the program itself which follows .......

                                      xvi i i

                                  ACKNOWLEDGEMENTS

        The Rhode Island Coastal Resources Management Program was prepared
    by the Rhode Island Coastal Resources Management Council in cooperation
    with the Coastal Resources Center of the University of Rhode Island.
    All Program elements were developed in close cooperation and consultation
    with the Council's Planning and Policy Committee. A great many
    individuals, agencies, and groups made major contributions to the
    development of the Program and their assistance is gratefully acknowledged.
    The principle members of the staff that produced the document are as follows:

        The Coastal Resources Center (program development, writing, production)
          Stephen Olsen, Coordinator
          Lynne Zeitlin-Hale
          George Seavey
          Donald Robadue, Jr.
          Dale Brown
          Virginia Tipple
          Anne Bogar
          Ruth Folit
          Ellie Walker
          Jane Gallagher
          Jane Miner
          Ruth Ehinger

        Resource Management Systems (program development, writing)

          Malcolm J. Grant

        Goldman, Biafore and Hines (legal staff)

          Dennis Esposito

        Statewide Planning Program

          Lee Whitaker
          Susan Morrison

        Federal and In-state Coordination

          Claudine Schneider
          Tony Lachowicz

        Graphics

          Walter Alves - maps
          Henrietta Crandall - art work

        Typists

           Debi Zinser
          Madge Mitchell
          Mary Jane Long
           Debbie Geise
           Debbie Prefontaine

                                     xix

    NOTE:   To minimize redundancy, the Introduction of the Rhode Island
            Coastal Resources Management Program, as formally adopted
            on September 29, 1977 is not included in this document; all
            substantive portions of the Introduction are incorporated into
            Part I of this draft Environmental Impact Statement.

    Chapter 1
    The Natural
    Setting

                                         IlO The  -Natural  Setting

               100.0-1 GENERAL FINDINGS:

              A.   The Council's legislative charge states that thellpreservation and restor-
                   ation of ecological systems shall be the guiding principle upon which
                   environmental alteration of coastal resources will be measured, judged
                   and regulated."(46-23-1; G.L.R;I.)

              B.   Ecological systems are the basic functional units of nature.

                        -  Ecosystems include both physical and biological components as
                           well as invisible pathways of cycling nutrients and other chemicals.

                        - Ecosystems are maintained by a flow of energy. The sun is by far
                           the most important source of energy; however, in the marine envi-
                           ronment energy from tides and currents is also important.

                           The more obvious values of the natural environment such as stocks of
                            fish  and water quality are preserved only by maintaining the
                           integrity of the entire ecosystem.

              C.   The Rhode Island coastal region is part of a larger marine and terrestrial
                   system which includes the coastal region from Cape Cod to Cape Hatteras.

                        -  Within this large system smaller units can be usefully defined
                           and managed. The maintenance of linkages between subunits is
                           essential for the maintenance of the whole.

                           Rhode Island's coastal ecosystems can be usefully divided into
                           neritic,estuarine,and shoreline systems.
                              �  Rhode Island's neritic systems,which includeRhode Island and
                                       Block Island Sounds,are transitional areas between
                                       open ocean andestuarine environments.
                                Rhode Island's estuaries,which include such water bodies as
                                       Narragansett Bay, Point Judith Pond,and the Pettaquam-
                                       scutt River are semi-enclosed coastal water bodies with
                                       free connection to the sea in which seawater is measur-
                                       ably diluted with freshwater.
                                Shoreline systems include the'state's entire intertidal
                                       zene  and associated coastal  physiographic
                                       features (beaches; cliffs, ledges and bluffs; coastal
                                       wetlands; barrier beaches and sand dunes).

    0

                                           2

    D. Because our understanding of how ecosystems function and respond to stress
        is limited and the impacts caused by man's many activities vary widely,
       blanket prohibitions or permissions for any human activity within the
       natural environment can seldom be made.

            - Although individual components of ecosystems have been
               extensively studied, our knowledge of how these components
                interact in nature is in its infancy.

            - It is often not possible to confidently trace an observed
               change in the environment to the specific stress or stresses
                that caused it.

            - The impacts of any human activity vary with the magnitude, inten-
               sity, duration and manner in which the activity is performed as
               well as with the time of year and the location where it takes place.

               Each type of coastal system has its own capabilities for tolerating
               human induced stresses and thus present different opportunities and
               constraints for use. For example, what may be an acceptable
               discharge of hot water or sewage effluent into Rhode Island Sound
               may be totally unacceptable for a coastal pond.

                                                                         Figure 1-1

                                                                       TIDAL WATERS 8E

                                                                        COASTAL PONDS

                                              R Ft
                                   '~~~~~~IT

                           ��:               :~~~~~~Mt.
                                                                        Classifications Mos.
                                               OPE                        (Se  slction 110-1(F)

                    CENTRA                                     A
                  NARRAAS
                    BAY       .         .:;

            PAW K     A

            CON".
       22't!         C'                         3

                                                                   I ?

                                    sLOCK ISLAND SOUND
                                                               SOUTH SHORE

    Maps of hese features (scale  of 1. 112000) are;  available at the C ounci I!S of f i CBS

    110.1 Block Island and Rhode Island Sounds

    110.1-1  FINDINGS:

    A.   Only a portion of the Sounds are within state territorial waters.

              -   Neritic systems are primarily influenced by external oceano-
                  graphic processes, including tidal action and currents,
                  nutrient exchanges, and the import and export of biologic com-
                  ponents.

    B.   The amount and detail of environmental data on the Sounds is considerably
         less than that available for estuaries.  it may be summarized as follows:

              -   The topography of the sea floor has been mappedand is shown
                  on U.S. Coast and Geodetic Survey charts. Low elevation and
                  drowned valleys characterize both Sounds.

              -   Too few surface sediment samples have been taken to map the dis-
                 tr.ibution of sed.:ments,but clean sands are known to dominate.

              -   The water circulation in both Sounds is dominated by the tides.

              -   Thermoclines are usually present in both Sounds during the late
                  spring and early summer.

              -   Plankton populations are intermediate between those associated
                  with estuarine and oceanic waters.

                Rhode Island is on a boundary between northern and southern fish
                 populations and a great diversity of species is therefore present.
                Mackerel, cod, butterfish, weakfish and cunner are known to spawn
                 regularly in Block Island Sound.

                Only very generalized information is available on the benthos.
                 Commercially important species including lobsters and ocean
                 quahaug are abundant and support significant fisheries.

    C.   The Sounds are at present relatively undisturbed by human activities but
        the pressures for change are mounting.

              -  Dragged fishing gear disturbs the benthic habitat.

               Public concern over the environmental consequences of ocean
               disposal have halted nearly all disposal in the Sounds since 1971.

                 Sand and gravel of glacial origin are found over much of the sea
                 floor.   These deposits may become of commercial interest as
                 land sources of sand and gravel are depleted.

              -  Several well travelled shipping lanes traverse the Sounds.  A
                 traffic separation scheme is in effect for ships entering and
                 departing from Narragansett Bay.
    110.2 Estuaries and Coastal Ponds
    110.2-1: FINDINGS:

    A.   Estuaries are extremely complex, delicately balanced and consequently
         fragile ecosystems.

                 The character of an individual estuary, and thus its ability
                 to support various activities, is governed principally by four
                 parameters:
                      The form of the basin:  its size, shape, topography and
                        water depth.
                      The characteristics of water flow: the volume and varia-
                        tion of fresh and salt water inflow, circulation pat-
                        terns including current velocities and direction, and
                        flushing time.
                      Water properties:  salinity, temperature, transparency,
                        nutrient supplies, dissolved oxygen and pollutants.
                      The type and distribution of sediments:  particle size,
                        organic and oxygen content.

              -  The physical parameters of estuaries can be easily and often
                 inadvertently altered by man.

                Flushing rates of estuarine systems are an important factor in
                determining their sensitivity to pollutants,
                     Coastal ponds and sheltered embayments with slow flushing
                        rates may become eutrophic when there is a plentiful
                        supply of nutrients.
                     Septic systems on the lands adjacent to these areas are
                       consequently of great concern.
                      Poorly flushed estuarine areas are also natural settling
                        basins and are therefore sensitive to activities which
                        introduce sediments to the estuary.

    B.   A primary value of Rhode Island's estuarine'systems is their extremely
        high biological productivity and diversity.

              -   Phytoplankton, macroalgae, eelgrass (Zostera marina) and benthic
                microalgae provide an abundant and varied food supply which support
                 large and diverse faunal populations,including birds, shellfish and
                 finfish.

              -  Estuaries contribute directly to the productivity of the state's
                commercial and recreational fisheries.

              -  Estuaries, and coastal ponds in particularare valuable nursery
                areas for finfish. It is estimated that two-thirds of all com-
                mercially important finfish species  rely  upon estuaries during at
                 least a part of their life cycle.

                 Detritus and phytoplankton support commercially and recreationally
                 important populations of filter feeding mollusks such as scallops,
                 soft shelled clams, quahaugs and oysters.
                      Low salinity estuaries support many of the state's remain-
                        ing commercially exploitable oyster populations.

                    Estuaries)  -coastal  ponds, and adjacent marshes provide
                 some of the state's best remaining habitat for some 35 species of
                migrating and nesting waterfowl and numerous shorebirds,especially
                 those species least tolerant to man's presence.
                      This is of great significance because the lack of suitable
                        habitat is the most critical limitation on waterfowl
                        populations in Rhode Island.
                      Estuaries and coastal ponds are particularly attractive be-
                        cause they do not freeze over as frequently as inland
                        ponds and thus provide good winter habitat.
                      Rhode Island's central position in the Atlantic flyway
                        makes its estuarine habitats particularly important
                        during migration

                                           7

                     Nesting and feeding waterfowl are directly affected by the
                       destruction of submerged plant communities in shallow
                       waters and excessive disturbance from surrounding develop-
                       ment and heavy motor boat traffic.

    C.   Rhode Island's estuaries are places of great natural beauty.

              - Their open expanses provide a needed contrast and scenic relief
                from often heavily urbanized shorelands.

              - Estuaries provide valuable recreational opportunities and help
                 support the state's tourist industries.

              - Coastal ponds and associated barrier beaches are among the state's
                most beautiful and recreationally attractive coastal features.
                     Their sandy beaches are heavily used by summertime bathers.
                     They provide for diverse recreational experiences including
                        boating, fishing and shellfishing, bird watching, hunting
                       and picnicking.

    0.    Rhode  IstAand's estuaries are  integrated ecological
          systems,  several  of which extend  into   the neigh-
         boring states of Connecticut and Massachusetts. Planning and management
         for these areas will therefore require interstate cooperation and co-
        ordination.
                 Under Section 309 of the federal Coastal Zone Management
                 Act, states may be funded for interstate proiects.
    E.   Among the most distinctive physiographic features of Rhode Island's ocean
         shoreline are its 35 coastal ponds.

                The ponds associated with barrier beaches were created thousands
                of years ago when longshore currents formed a sand spit between
                 the headlands of the South Shore and Block Island shorelines.

                 Residential development pressure around many of the state's coastal
                 ponds is growing and will require careful management if the environ-
                mental and social amenities the ponds provide are to be preserved.
                      On site sewage disposal in the typically porous and sandy
                        soils surrounding the ponds contributes to or demonstrates
                        a growing potential for contributing to nutrient
                        enrichment of pond waters.  In some ponds eutrophication
                        is already an aesthetic nuisance and an environmental prob-
                        lem during the summer months.
                   *  Intensive residential development detracts from the natural
                        beauty of coastal ponds and renders them a less attractive
                        place near  which to live.

                 The design and construction of breachways into coastal ponds is. of
                 growing concern to the Council because of their wide ranging im-
                 pacts on the pond's. character and the complexity of the many issues
                 involved in their siting.
                      The presence and design of a breachway is the prime determinant
                        of the character of a coastal pond.

         Breachways subject ponds to tidal fluctuations, changes in
           circulation patterns,. increased flushing, current velocities
           and salinities, any of which can have dramatic effects on the
           pond ecosystem.
      � Breachways provide connections with the open ocean necessary
           to support anadromous fish populations, -allow food transfer between
           the pond and ocean environments, and allow for the migration
           of juvenile fish nurtured in the ponds to the ocean where
           their development continues.
      � Six Rhode Island coastal ponds have permanently stabilized
           breachways and seven others are regularly inundated by sea
           water.
         Breachway construction and/or modification always creates
           changes in the pond environment, but whether that change is judged
           beneficial or detrimental depends on the magn.itude of the
           change and the intended use of the pond.
         Increased salinity may be desirable for the growth of some
           shellfish species, but may attract predators which prey
           on other species such as oysters.
      .  Increased current velocities may stir up bottom sediments
           and enrich the water column with nutrients. In association
           with lowered water temperatures high current veiocities
           stimulate'eelgrass growth. A monoculture-of.eelgrass may-have
           undesirable environmental and/or recreational consequences.
         Increased flushing introduces important ocean nutrients into
           a pond while purging it more quickly of pollutants. It
           may also, however, flush planktonic organisms including
           fish and shellfish larvae out into the open ocean, reducing
           the amount of food available to support life in the ponds
           and possibly decreasing the value of the pond as a nursery
           for fish and shellfish.
         Breachways through barrier beaches are subject to natural
           forces which frequently contribute to filling of both the
           breachway and of the pond to which it leads.
         Periodic dredging is often required to keep these breach-
           ways and related channels open to navigation.
        The extent and nature of impacts generated by construction of
           breachways are influenced by breachway design and siting.

    Recreational boating is a popular and growing use of the state's
    coastal ponds.
        The ponds provide sheltered anchorages and waters.
        They are near popular open ocean sport fishing grounds.
         Boating generates demand for channel and breachway con-
           struction and dredging.
         Heavy motor boat activity may create environmental problems
           in small shallow ponds:
                Bottom sediments may be stirred up burying shellfish and
                     reducing light penetration;
                Eelgrass beds may be destroyed by propellor action;
                Petroleum residues and antifouling paint may concentrate
                     in the flesh of shellfish.

    F.  Rhode Island's tidal waters and coastal ponds exhibit tremendous
       diversity in their natural characteristics, degree of alteration
       and the human activities they do and/or can support. This diversity
        is of great value to the citizens of Rhode Island. The Council
       therefore, finds it useful to group all tidal waters and coastal
       ponds according to their natural characteristics. (e.g. flushing
       times, shoreline habitat type, productivity, water quality), degree
       of alteration (e.g. dredged channels, rip rapped shoreline),
       patterns of human use and potential to support different human
       activities.

                  Information on Rhode Island's tidal waters and coastal
                 ponds is uneven; as new information is developed on
                  these systems, classification may have to be revised

                 Summaries of the use of the state's coastal ponds as
                 fish and waterfowl habitats and for human activities
                 are presented in Table 1-1.

                       All coastal ponds are designated as either
                       Type 1: Conservation/Low Intensity Use or
                       Type 2: Multiple Use Recreation (Table 1-1)

                 For management'and classification purposes, the Council
                 finds it useful to look at the.Narragansett Bay System
                 as nine subunits (Figure 1-1).

                                        TABLE 1-1

             ACTIVITIES IN AND VALUES OF RHODE ISLAND'S COASTAL PONDS

                           Shell-   Fin-    Water-   Sanct.   Boat-  M1-arina   Res.   Priorities
           Pond             fish    fish     fowlv    Cons.    ing Yacht C1. Devel.. -for use

                                                L~~~~~~~~~~~~~
    Westerly AL                       L       L        NLN                       H1

    Westerly B                L               L   - N 1        L        N.      H1

    mauschaug                H-o      L       H        N11     L        N       M1

    Little Mauschaug         H-o      L        M I   N.        L        N       M

    '~Winnapaug (Brightmlans)   H      H       MN               M        N       H          2

    Quonochontaug             H       H       m        Y       H       Ya   ',',

    Michel (Torso)            L       L       .L       N       L .   N          H1

    Garden. (Snood)           L       L       L        NW      L        N       H1

    East (Kentucky)           L       L~      L        N       L.       NH1

    *Charlesto       w       H-o      HI       H        Y       H       Ma       M         2

    Green Hill               H-o      H~   m           N       H                H          2

    Trustomf                  L       L1      H        *Y      L        N        L I

    Cards                 jL          L.      M        N    'L          NH1

    Potters                'H                 H     N          M        N       H   I      1

    Wesquage                  L       L       -H       Y       L        N        H I

    Lily                      L      Fr       H.       N   .L           N       L I

    Almy                      L   .Frf        M        N       L         N       L         1

    Easton                    L~  Fr          H        N       L        N        H   I

                   ACTIVITIES IN AND VALUES OF RHODE ISLAND'S COASTAL PONDS

                                 Shell-   Fin-   Water-   Sanct.   Boat-   Mairina   Res.   Priorit ies
                  Pond            fish    f ish    fowl    Cons.    ing Yacht Cl. Devel.   for use

           Nelson                   M    Fr-       L         Y       L.       NL1

            Gardiner~                L    Fr        M         Y       L        N        L1

            Watch Hill               L      L       L         N       L        NL I

            Round                                   M         N       L        N                 1

            Long                                    H         N       L        N       M I

           ~Briggs Marsh             L     L       H         Y   ~L           L        L.       1

    O      ~~Ship Cove                              M         N       L1

            Rounid Meadow                           L    I N          L       N        H1

            Tunipus                                 N1        N       L        N        L1

            Quicksand               H-o    H        H         Y       L        N        L1

            Sachem                   L      L       H         Y       L        N        L I

            Great Salt Pond         H-p    H        M ~    N          H Ma, Ya         M         2

            Pt. Judith Pond         H-      H       H         Y       H   MA, Ya        H        2

            ~Hazard Avenue Pond                     H         Y       L        N       M-L I

           -High.Hill Marsh               H        H         Y       L        N        M I

            Trims Pond              H-p    H        M         N       L        N        L1

            Harbor Pond             H-p    H        M         N       L.       N.      M1

    S      ~~Nannaquacket      ~     L-M    M       M         N       L        N        M1

            Lake Canonchet           L      L      L-M        N       L        N        L1

           ACTIVITIES IN AND VALUES OF. RfODE ISLAND'S COASTAL PONDS

                        Shell-   Fin-   WIater-   Sanct.   Boat-   Plarina  Res.   PrioritieS
         Pond             fish    fish     fowl    Cons.    ing. Yacht C1. Devel.   for use

    Little Neck Pond         L      L      L-M        N       L        N        L         1

    Middle Pond              L      L       H         N       L        N        L         1

    Wash Pond                L      L       H         N       L        N         L        1

       M  Medium  N  No
       L  Low to none                                 Ma Marina
     H-o  High, includes oysters                      Ya Yacht Club
      Fr  Freshwater species                           * Sanctuary or Conservation Area
       H  High                                         Y Yes
     H-p  High with pollution problems                 1 Conservation/Low Intensity Use
                                                     2 MNkltiple Use Recreation

    .    TYPE 1:  CONSERVATION/LOW INTENSITY USE TIDAL WATERS AND COASTAL PONDS

               The Council finds that the Potowomut River, Barrington River and
               Palmer River estuaries and the coastal ponds designated Type 1 in
               Table 1-1 are of great value to the state of Rhode Island because they
               are relatively undisturbed and maintain their full natural values.
               The following uses are compatible with maintenance of these values and
               are designated as highest priority:
                    �  conservation
                    *  wildlife management
                        public recreation/parks
                    �  education & research
                    �   preservation of open space and aesthetic values

                     The Council finds the following uses to have the potential to disrupt or
                     destroy the primary value of: these estuaries and coastal ponds and therefore
                     designates the following uses to be of low priority:
                     ,  Industrial development
                        Sewage disposal and storm water runoff
                     :  Deposition of fill
                     � Extensive grading or excavation
                     �  Installation of cables and pipelines
                     � Storage and transport of hazardous materials
                   *  .  Dredging

                                        Potowomut River

          Description

                   The Powtowomut River defines the town border between North Kingstown
          and Warwick, and drains five Rhode Island communities. The estuary extends 2.2
          miles upstream to the Forge Bridge. The River is bordered by woodlands and by
          salt marsh. Its major source of freshwater is the Hunt River which is in turn
          fed by Frenchtown and Fry Brooks.

                                                                                            A.   Anadromous  ish   An alewife population seasonally ascends the
    A.   Anadromous ;ish:  An alewife population seasonally ascends the
         Potowomut to spawn in upper portions of the Hunt River. A remnant
         smelt run used to pass through the river but has not been observed
         in recent years.

    B.   Shellfish:   The muddy bottom of the Potowomut River supports a vigorous
         soft shell clam population and a small oyster bed at the river's mouth.
         Small quantities of quaIhug can be found in the river's deeper waters.

    C.   Water quality:  The Potowomut estuary is well flushed and maintains an
         SA classification for water even though streams flowing into it have
         significantly lower classifications.

                                  Barrington River

    Description

         The Barrington River flows through the town of Barrington from the
    Massachusetts border south to Tyler Point were it empties into the Warren
    River.     The 4.5 mile    river is bordered by salt marsh for over two-thirds
    of its length. Abutting lands in the upper reaches of the River are relatively
    undeveloped, while lower portions support high intensity residential develop-
    ment.  The river's major fresh water source is the Runnin  River which drains
    portions of East Providence and Pawtucket as well as five Massachusetts communities. W

    A.   Salt marshes:  The Barrington River marshes have been designated coastal
         natural areas.  Although most of the marshes are in private ownership,
         several portions have been formally protected through acquisition by
         conservation interests.

         Mosquito control program:  The town of Barrington is presently implementing
          an "open marsh  water management" program for mosquito control in the
          salt marshes. A series of narrow channels are being hand dug across the
         marsh to eliminate stagnant pools which are ideal mosquito breeding
         grounds. The project is being carefully monitored by the town and the
          Coastal Resources Management Council.

     B.   Bird life: The Barrington River, like all upper Bay estuaries, provides
          valuable habitat for wintering waterfowl.  Extensive marshes, especially
          those surrounding Hundred Acre Cove, are important feeding and breeding
          grounds for waterfowl and shorebirds.

     C.   Anadromous fish:  Small shad and alewife populations pass through the Barrington
          River to spawn in the upper reaches of the Runnin River and Prince's Pond
          respectively.

     D.   Shellfish:  The lower portion of the river south of Massasoit Bridge is
          closed to shellfishing due to pollution.  One Hundred Acre Cove which
          supports vigorous populations of quahaugs, oysters, and soft shell clams
          is under intensive management by the Department of Environmental Management.
          Shellfishing in this cove is presently closed because of overfishing.

          E.   Education and passive recreation:  The town of Barrington is enthusiastic
               about utilizing the Barrington River as an educational resource.  The
               local school maintains a small marine laboratory on the lower river and
               the town has developed a nature trail in Osamequin Park.

          F.   Water quality:  The Barrington River generally has excellentwater quality;
               however, the River's lower portion (below Massasoit Avenue Bridge) is out
               of compliance with its SA classification due to effluents from the Warren
               wastewater treatment plant which are carried upstream at high tide.

          G.   Intergovernmental coordination:  Since the Runnin  River, the major fresh-
               water source for the Barrington River, defines the border between
               East Providence, RI, and Seekonk, MA, intergovernment coordination is
               essential to maintain the estuary's high water quality and biological
               values.

                                        Palmer River

          Description

                      The Palmer River  originates in Massachusetts and flows for less
          than two miles between Barrington and Warren to Tyler point where it joins
          the Barrington River. The Palmer River is the least developed estuary in
          Rhode Island and is nearly entirely surrounded by salt marsh. The watershed
          of the Palmer River includes three Massachusetts and two Rhode Island
          communities.

          A.   Salt marshes:  The Palmer River marshes have been designated as a coastal
               natural area. The town of Barrington is carrying out an open marsh water
               management mosquito control program on its side of the river.

           B.   Bird  life:        The Palmer River  is extremely valuable to waterfowl,
                particularly during the winter when fresh water areas are iced over.

           C.   Anadromous fish:  An alewife population and the state's largest shad
                population pass through the Palmer River spawning grounds in Massachusetts.

           D.   Shellfish:       The Palmer  River    supports abundant populations of soft
                shelled clams and oysters. Because access to the estuary is limited,
                these populations have not suffered from over-exploitation. The lower
                portions of the estuary are presently closed to shellfishing because of
                pollution.

           E.   Water quality:  The Palmer River is classified SA above the Rt.114 bridge.
                Belcher Cove and a short reach above upper Grinnell Point are out of com-
                pliance with this classification due to upstream transport at high tide
                of effluent from the Warren wastewater treatment plant.

    0

                                    16

    TYPE 2:  MULTIPLE USE RECREATION TIDAL WATERS AND COASTAL PONDS

                 The Council finds that the Kickamuit River, Sakonnet River, and
                 Pettaquamscutt River and the coastal ponds designated Type 2 in
                 Table 1-1 are extremely valuable to the state of Rhode Island
                 for the multiple recreational uses they support.

                 The Council finds the following uses are supportive and/or
                 compatible with the maintenance of these values and designates
                 them of highest priority:
                      Recreational fishing (including shellfishing)
                      Public recreation and parks
                     Wildlife management and hunting
                      Preservation of open space and aesthetic values
                      Education and research

              - The Council finds that the maintenance of these multiple recreational
                 uses is of highest priority.

                The following uses have the potential to disrupt or destroy the
                 primary value of these estuaries and coastal ponds.The Council)
                 therefore, designates them low priority.
                      Industrial development
                      Deposition of fill
                      Discharge of domestic and industrial sewage
                      Extensive gradings or excavation
                      Storage or transport of hazardous materials
                     Any activity that threatens to disrupt recreational activities

                                          17

                              Kickamuit River

    Description

        The Kickamuit River flows through the town of Warren; its lower half defines
    the town line between Warren and Bristol. The tidal portion of the river extends
    from the East Warren Dam at Child Street to-its mouth at Mount Hope Bay.  The
    estuary's major fresh water sources are the upper reaches of the Kickamuit River
    and Heath Brook.  Over one third of the Kickamuit estuary is bordered by salt
    marshes,and sand beaches border a large portion of the remaining shoreline.

    A.   Shellfish:  Quahaugs, oysters and a few soft shelled clams support a small
         recreational shellfishery in the Kickamuit River. A severe heat spell
         during the summer of 1975, which resulted in anoxic conditions, and rapid
         siltation in the upper reaches of the estuary, have curtailed shellfish
         production in recent years.

    B.   Recreation:  The Kickamuit River is primarily used and managed for multi-
         ple use recreation.  Recreational shellfishing, sportsfishing and boating
         as well as many passive recreational activities are popular in and around
         the Kickamuit.  A number of beaches are maintained by private associations
         and individuals.

    C.   Water quality:  Recreational activities are enhanced by the generally
         excellent water;quality of the river.  The River is classified SA in the
         tidal portion and A in the non-tidal portion.  The mouth of the river is
         out of compliance with its water quality classification due to pollution
         from Mount Hope Bay.

    D.   Intergovernmental coordination:  The towns of Warren and Bristol are effec-
         tively working together in management efforts for the Kickamuit River.

                                     Sakonnet River

    Description

         The Sakonnet River is the eastern-most arm of the Narragansett Bay
    estuarine system and extends from Mount Hope Bay to Rhode Island Sound.
    Brackish Mount Hope Bay water enters the Sakonnet through the "Narrows"
    and small amounts of: freshwater enter the Sakonnet through Sin and Flesh
    Brook and Nonquit Pond which together drain Tiverton and Little Compton, and
    several small streams which drain the eastern portions of Aquidneck Island..

         The scenic Sakonnet River is bordered by large stretches of rural land,
    particularly in Littlle Compton.  Two ponds -  Nannaquaket and Nonquit are
    found on its eastern shore.  The rest of the shoreline is bordered by rock
     ledges, cobble and sand beaches, and a few large marshes.

    A.   Salt marshes:  The Seapowet and Fogland marshes, on the Sakonnet River's
         eastern shore, have been designated as coastal natural areas. Both marshes
         are owned by conservation interests.

    B.   Bird, life: Because the Sakonnet River is relatively undeveloped, bird life
         abounds.  Gould Island, in the upper river, is one of New England's few
         active rookeries for several species of shorebirds including egrets and
         herons. Seapowet marsh is another excellent shorebird and waterfowl area
         and is used extensively by many species of herons and egrets and hundreds of
         sandpipers,   Nannaquacket Pond i.s rich with'wa.terfowl.

    C.   Anadromous fish and fishery resources:  Nonquit Pond in Tiverton supports
         a substantial alewife run. Floating fish traps are set along shores of
         the Sakonnet; scup is the most important species taken.

    D.   Shellfish:  The upper half of the Sakonnet River is a productive quahaug
         ground and is fished commercially. Conchs are fished commercially
         throughout the river.

    E.   Recreation:  The Sakonnet River is a scenic resource heavily used for a
         multitude of recreational activites including sailing, swimming,
         sportfishing and hunting. Several marinas are clustered in the "Narrows" at
         the head of the Sakonnet. Since navigation through the Narrows is difficult,
         few boats enter the Sakonnet from Narragansett Bay.

    F.   Water Quality:  The water quality within the Sakonnet River is excellent
         and is nearly all classified as SA. Two minor discharges of domestic
         sewage enter the Sakonnet from Portsmouth. Polluted waters entering
         from Mount Hope Bay cause the northern end of the Sakonnet River to be
         out of compliance with its SA classification.

                                  Pettaquamscutt River

    Description

         The Pettaquamscutt River flows from the Gilbert Stuart Dam to Rhode Island
    Sound. Its watershed includes 13.7 square miles in South Kingstown, North Kingstown,
    and Narragansett. The Pettaquamscutt is fed by the Mettatuxet River by way of
    Carr Pond and Gilbert Stuart Stream. The River's tidal prism is small due to the
    narrow cross section of its inlet. Flushing rates decrease from the Narrows
    to the Upper Basin;    flushing time in the River's Ponds may be measured in
    years, and its mid-sections in weeks.

         Near its head, the Pettaquamscutt has two deep ponds (40 to 60 feet) which
    are highly scenic and mostly undeveloped.   The water within the ponds is strongly
    stratified and anoxic conditions prevail near the bottom. The central portion
    of the river  is narrow and averages about 8 feet in depth. Its shores are ex-
    tensively developed in residential housing. Pettaquamscutt Cove and the Narrows
    make up the lower portion of the river. The Cove averages less than 3 feet in
    depth and is surrounded by extensive salt marshes. The Narrows is a shallow
    channel connecting Pettaquamscutt Cove to Rhode Island Sound. The channel is
    bordered by fringe marshes and shrubby vegetation. Both the Cove and the
    Narrows are virtually undeveloped.

    .:   A.   Salt marshes:  There are approximately 250 acres of salt marshes in
               the lower river.  Large portions of marsh are protected through the
               acquisition program of the Audubon Society of Rhode Island.

          B.   Bird life: The Pettaquamscutt River, and in particular its salt marshes,
               are extremely valuable as waterfowl  habitat.

          C.   Finfish:  Finfish are plentiful in the Pettaquamscutt River; 64 species
               have been identified. The greatest concentrations are found between
               Bridgetown Bridge and Gilbert Stuart Streams.  The river is heavily used.
               by many species as a nursery ground.

                    The Pettaquamscutt River supports a good alewife run. More than one
               million adults travel  Upstream to the mouth of Gilbert Stuart Stream but
               only about 20% of these reach the spawning grounds in Carrs Pond.

          D.   Shellfish:  Blue crabs,which support both a recreational and a small
               commercial fishery,are found along the entire length of the Pettaquamscutt
               River.  Quahaugs, mussels and soft shelled clams are also found and there
               are small but productive oyster beds in the upper ponds.

          E.   Recreation:  The Pettaquamscutt River is valued for the multiple recrea-
               tional uses it supports.  Shellfishing in its shallow waters is as popu-
               lar as finfishing from its bridges and from boats.  A number of sandy
               beaches along the river are maintained by private associations and indi-
               viduals.  The river supports light boating activity,though virtually all
               access points are owned by private concerns.  Public access is limited
               to one town ramp in the lower basin owned by North Kingstown and one
               state owned ramp at Middlebridge.  Large expanses of undeveloped lands
               comprise the upper watershed and surround the lower reaches of the river.
               The town of Narragansett has acquired acres of land bordering Petta-
               quamscutt Cove and is presently deciding on plans for its use. The
               Pettaquamscutt River has extremely valuable scenic qualities and plans
               have been made by the state for future scenic overlooks on the river.

          F.   Residential development:  Although the population surrounding the Petta-
                quamscutt River increased by 78% from 1957 to 1974, over 41% of the
               watershed remains undeveloped. Much of the recent development borders
                the mid-river section and most households use septic systems for sewage
                disposal.  Of the four soil types in the area, only one is suitable for
                septic tanks; other soils are limited by excessive slopes, high water
                tables or shallow soils.

           G.   Water quality:  The Pettaquamscutt River is currently in compliance with
                its SA classification.  However, recent observations indicate that water
                quality is deteriorating.  The pollution problem is a direct result of
                inadequately filtered septic tank effluents draining into the river and contamin-
                ated, run-off.  Erosion and sedimentation resulting from clearing and
                construction in upland areas has resulted in shoaling and a decrease in the
                flushing time in some areas.

    0~     H.-  Intergovernmental Coordination:  The towns within the Pettaquamscutt River
                watershed are cooperating in the management of this resource.  The Tri-
                Town Narrow River Planning Committee aided by Coastal Management Program
                funds, prepared a comprehensive land use advisory plan for the Petta-
                quamscutt watershed.

    TYPE 3: HIGH INTENSITY RECREATION ESTUARIES

               - The Council finds that the Pawcatuck River Estuary and Little
                 Narragansett Bay and the Warren River are extremely important
                 to the state of Rhode Island for the high intensity recreational
                 activities they support.

               -  The Council finds the following uses are supportive and/or  compatible
                 with high intensity recreational use and designates them of high
                 priority:
                      Recreational boating
                      Public Access
                      Maintenance and improvement of existing marinas and boatyards
                      Hunting and sportfishing
                     Wildlife management

              - The Council  finds that  uses which  interfere
                 with the high priority uses stated above or would contribute
                 to additional environmental degradation of these estuaries to be
                 of low priority.

                  Pawcatuck River  and Little Narragansett Bay

    Description

        The River Basin:  The Pawcatuck River Basin is the largest in Rhode
    Island, draining 24% of the state. Much of the drainage basin is forest and
    agricultural lands.  The 29 mile        river is fed by 159 miles of tributaries
    that traverse 8 Rhode Island and 4 Connecticut communities. The four main
    tributaries are the Wood, Beaver, Queens and Chipuxet Rivers.

        The Estuary:  The Pawcatuck           is formed where the freshwater of the
    Pawcatuck River meets the waters of Fishers Island Sound. Bordered by the
    town of Stonington, Connecticut to the west and Westerly, Rhode Island to the
    east, the estuary extends 6 miles upstream from the mouth of the river to the
    remnants of a dam which marks the maximum inland intrusion of saltwater. The
    estuarine shoreline is composed of glacial till. There are 2-3 miles of beach
    and dune terrain mostly in Rhode Island, and approximately 500 acres of salt
    marsh, mostly in Connecticut.

         The Bay: Little Narragansett Bay, an area of approximately 2 square
    miles, is at the mouth of the Pawcatuck River on the landward side of Napatree
    barrier beach. The bay averages 6 feet in depth. A 7 mile long channel (10
    foot control depth).  from   Wishers:          Island Sound to Westerly is
    maintained to facilitate boating.

         Little Narragansett Bay is generally well flushed (a flushing factor of
    33%) with the exception of some of the well sheltered coves such as the "Kitchen"
    of Napatree Point.

    A.   Bird life: Thes-alt marsh bordering the north side of Little Narragansett
         Bay and the Napatree barrier beach both abound in bird  life. During the
         fall the Point and marshes serve as resting and feeding stops before the
         flight across Long Island Sound. Ducks, geese, loons, grebes and others
         feed in the surrounding waters both in summer and winter. One hundred
         and twenty-five bird species have been sighted on Napatree.

    B.   Anadromous fish:  The Pawcatuck estuary and Little Narragansett Bay sup-
         port a small gill net fishery for smelt,and the best alewife run in the
         State.

         The Department of EIvironmental Management has begun a program to
         reestablish shad and to introduce steelhead trout in the Pawcatuck River.

    C.   Shellfish:   The Pawcatuck used to support a substantial commercial and
         recreational shellifishery (scallops, oysters, clams, and mussels).  Pres-
         ently the entire estuary is closed to shellfishing due to pollution.  With
         deterioration of bottom conditions from increased silt and decaying organic
         matter, scallops, clams, mussels and qual-augshave been dying out.  The
         Bay still supports a breeding population of oysters.

    D.   Recreational:  Scenic Napatree Beach, is highly valued for recreation.
         Most of the barrier is a conservation area regulated by the Watch Hill Fire
         District. Vehicles were banned from Napatree in 1970 and a dune stabilization
         project including the use of snow fencing and the construction of boardwalks
         is currently underway. Rangers, hired by the Watch Hill Fire District, educate
         beach users about problems and solutions for maintaining the barrier.

         The 9 boatyards and marinas, 4 public launching areas and facilities in neighboring
         towns make the Pawcatuck River estuary and Little Narragansett Bay one of the
         most popular recreational boating areas in the state. The number of boaters
         using the area has been steadily increasing and it is not uncommon to see 200-
         300 boats anchored along the bayside of Napatree Beach on a summer weekend.
         As boating traffic increases there is a demand for more navigation channels,
         anchorage basins and marinas. Little Narragansett Bay's capacity for boating
         activity has not yet been determined, but there is some local concern that it
         has already been surpassed. The Estuary is also heavily used for waterfowl
         hunting and sportsfishing.

    E.   Water quality and pollution:  Most of the Pawcatuck River estuary and Little
         Narragansett Bay are out of compliance with their SB and SA rating. Pollution
         is caused by industrial wastes, municipal sewage effluent, and boating.

         The garbage and raw sewage contributed by recreational boaters and a few
         houseboats anchored in the Bay have caused deterioration of bottom conditions
         and are believed to be responsible for the death of many shellfish  in the
         area.

         Approximately 250,000 gallons of effluents are discharged into the Pawcatuck
         River Basin by large industries each day.  Municipal treatment plants at
         Westerly and the Borough of Pawcatuck in Stonington,Connecticut discharge
         primary treated and untreated sewage into the estuary.

    F.   Interstate cooperation:  Through it is essential for an effective manage-
         ment pr'ogram for the Pawcatuck Estuary and Little Narragansett Bay, very
         little interstate communication has developed concerning the management of
         this area. Two planning projects involving the Pawcatuck river basin have
         included communities on both sides of the state line, but no joint management
         efforts have been initiated.

                                   Warren River

    Description

         The Warren River begins at the junction of the Barrington and Palmer Rivers
    at Tyler Point, then extends approximately 1.7 miles to its mouth in Narragansett
    Bay. Brackish water enters this estuary via the Barrington and Palmer River
    Estuaries. A large portion of the Warren River is bulkheaded and supports water            0
    dependent industries, 'in particular small shipbuilding companies. On the western
    shore there are large stretches of fringe marsh.

                                           23

    A.   Anadromous fish: The Warren River is traversed by anadromous fish on route
         to the Palmer, Barrington and Runnin Rivers. These include the two remain-
         ing shad runs in the state and several alewife populations.

    B.   Shellfish:  The entire Warren River is closed to shellfishing due to pol-
         lution.

    C.   Recreation:  With at least 8 marinas and boat yards, and a number of ship-
         building companies, the Warren River supports intensive boating activity.
         During the summer weekends there are often "traffic jams" in upper portions
         of the river.

     D.   Water quality:  Virtually all the Warren River is classified SC due to
          discharge from the Warren wastewatertreatment plant.  At the River's mouth
          wastes are sufficiently diluted to classify the river SB.  A plan to up-
          grade this plant to secondary treatment has been approved and a secondary
          plant should be operational by 1980.

    TYPE 4: MULTIPLE USE TIDAL WATERS

                 The Council finds that Central Narragansett Bay, Mt. Hope Bay,
                 and Rhode Island and Block Island Sounds are extremely valuable to the
                 people of Rhode Island for the large number of diverse uses they
                 support. These uses include:
                   Shipping and navigation
                      Recreational boating
                      Bathing
                      Commercial and sport fishing
                      Passive recreation
                      Education and research
                      Wildlife observation and management
                      Commercial, industrial and residential development
                      Preservation of open space and aesthetic values
                      Hunting and fishing
                       Public Recreation and Parks
                 The Council finds that the maintenance of multiple uses in these
                  tidal waters is of the highest priority.

                                           24

                             Central Narragansett Bay

    Description

         Central Narragansett Bay divides into two passages as it extends southward
    from the Providence River to Rhode Island Sound. The Central Bay drains the
    Providence, Warren, and Potowomut River Estuaries, Mt. Hope Bay and several smaller
    streams which enter the Bay through: Greenwich Bay and Wickford Cove. Central
    Narragansett Bay receives waters from the Narragansett Bay system's 1,800 square
    mile drainage basin in Rhode Island and Massachusetts.
         The Central Bay is relatively deep and navigable nearly throughout. The
    average depth in the East Passage is 58 feet, with soundings of more than 100 feet
    adjacent to Prudence Island. The West Passage averages 25 feet in depth. A dredged
    35 foot channel connects the two passages to the north of Conanicut Island.

         The waters of Narragansett Bay are well mixed. Tidal currents are moderate
    and most of the area is well flushed. However, the numerous sheltered embayments
    surrounding the Bay such as Mill Gut, Potter Cove, Warwick Cove, Greenwich Cove,
    and Allen Harbor are poorly flushed.

         Most of the Central Bay is surrounded by depositing shores. The shores towards
    the mouth of the Bay tend to have more rock and ledge outcrops and sandy beaches
    than the upper sections. The western shore is characterized by muddy shelving
    shores and marshes, while Conan.icut and Aquidneck Islands have cobbly, steeply
    sloping beaches. About 13% of the Central Bay's shoreline is bulkheaded or rip-
    rapped.

    A.   Multiple use:  Central Narragansett Bay must support a multiplicity of activitie
         The upper reaches around Warwick are intensively developed while its lower
         reaches retain a rural character. Greenwich Bay and Bristol Harbor support
          numerous marinas and are important boating centers; Newport Harbor is both a

                                         25

        fishing port and yachting center and the East Passage is the major ship-
        ping channel to the ports of Providence and Fall River. The central
        portion of Narragansett Bay must be carefully managed to optimize mul-
        tiple uses and minimize conflicts among competing uses.

    B.   Salt marshes:  Salt marshes border 9% of the shore and fringe marshes border
        another 20%.  Several salt marshes within the Central Bay have been designated
        as coastal natural areas including Great Creek Marsh in Jamestown and Mill Gut
         in Bristol; other extensive marshes include Bissel Cove, Tibbett's Creek and
         Mill Creek in North Kingstownj and Marsh Point, Mary's Creek and Baker's Creek
         in Warwick.

    C.   Bird life:  During the winter the open waters of the Central Bay are host to
         large numbers of waterfowl.  Commonly found in waters off Prudence and Hope
         Islands are scaup) scoters, goldeneyes, mergansers, black ducks and Bonaparte's
        and laughing gulls. It is not uncommon to see rafts of waterfowl of a thousand
         individuals or more. The smaller coves and inlets are frequently used by
         grebes, coots, buffleheads, canvasbacks. and widgeons. There is an important
         heron rookery on Hope Island.

    D.   Anadromous fish and fishery resources:  Over 40 species of demersal fish are
         found within the Central Bay,winter flounder being by far the most abundant
         species. Numerous species including menhaden, striped bass and bluefish are
         seasonally abundant. Anadromous fish, including alewife and remnant shad and
         smelt populations, pass through the Central Bay on their way to spawning
         grounds in streams and rivers that drain into the Bay.

    E.   Shellfish:  The Central Bay abounds with shellfish.  Quahaugs are partic-
         cularly abundant with average densities of 100 bushels per acre in productive
         areas. For the past several years the most productive quahaug ground has been
         the area bounded by Conimicut Point and Nayatt Point to the north,and Warwick
         Point, Prudence Point and Popasquash Point to the south. The area is closed
         to shellfishing after heavy rains. Other productive areas include: Greenwich
         Bay, Pine Hill Cove, the unpolluted side of Bristol Harbor and the east side
         of the West Passage from Wickford to the Jamestown Bridge.  Oysters, which
         used to abound within the Bay, are now reduced to remnant populations in
         isolated embayments of the Central Bay (Wickford Harbor, Allen Harbor, Green-
         wich Bay, Bristol Harbor and Fox Hill Pond) and are mostly taken by recrea-
         tional fishermen during the summer months.

    F.   Recreation:  The Central Bay is a focal point for recreation in Rhode Island.
         The Bay's proximity to most of the state's population, its numerous islands,
         coves and inlets and its abundant fish and wildlife populations make it a
         haven for recreational pursuits. The open expanses of the Bay offer some of
         the finest boating in Rhode Island.  Boating activity, marinas and boat yards
         are concentrated within Greenwich  Bay, Bullock Cove and Newport, Wickford and
         Bri~stol Harbors.

         The Central  Bay's shoreline does not have especially good bathing beaches,
         although several pocket beaches exist.  Many sections of the shore are
         heavily utilized for surf fishing and shellfishing while other points pro-
         vide good picnic areas.  The development of a Bay Island Park System (See Sec-
         tion 470.0-) would further enhance the recreational value of the Central Bay.

    G.   Shipping and Navigation:  The East Passage is the major shipping channel
         from Rhode Island Sound to the Ports of Providenceand Fall River. Because
         both ports primarily handle petroleum products, large numbers of oil tankers
         pass through the channel. Conflicts between cargo ships and recreational
         boaters are sometimes a problem.

    H.   Water quality:  Water quality within Central Narragansett Bay is generally
        very good (SA) but some areas, mostly sheltered embayments, have pollution
         problems. The upper part of the Central Bay is classified SB because of
         polluted waters that enter from the Providence River. Newport, Bristol
        and Quonset Point all receive discharges from municipal sewage treatment
         plants and are classified    SC.  Effluent discharges from pleasure craft
         have resulted in a SB classification for Potter Cove, and parts of Green-
        wich Bay. Industrial discharges enter the Central Bay directly in only
         a few places.

    I.  Future development:  Large tracts of recently surplused Navy land sur-
         round Central Narragansett Bay. At a time when most of Rhode Island's
         coastline is already preempted by existing uses the sudden availability
        of large blocks of uncommitted real estate presents numerous opportunities.
         Pressure for residential development surrounding Central Narragansett Bay
         is focused around sheltered bays, coves and rivers, particularly Greenwich
         Cove and Newport Harbor.

                                     Mt. Hope Bay

    Description

         Mt. Hope Bay is a partially mixed estuary at the mouth of the Taunton River
    on the Rhode Island/Massachusetts border. Its drainage area totals 547 square
    miles and includes the watersheds of the Kickamuit, Cole, Lee and Taunton Rivers
    and the Watuppa Pond area. Although 90% of the drainage area lies within Massa-
    chusetts about two-thirds of the Bay is within Rhode Island. The fresh water
    inflow varies seasonally but averages 38 million cubic feet per tidal cycle.
    The ratio of tidal volume to freshwater inflow is large, varying from 28:1 to
    106:1. Water leaving the Bay flows primarily under the Mt. Hope Bridge;only
    30% enters the Sakonnet River. Mt. Hope Bay is well flushed, the flushing rate
    has been estimated to be about 5 tidal cycles.

         Water depths in Mt. Hope Bay average 17 feet and 70% is less than 15 feet.
    Two channels dredged to 35 foot depths traverse Mt. Hope Bay, one leading to
    Tiverton and the other to Fall River.

         Part of the shoreline surrounding Mt. Hope Bay is heavily developed. There
    is a power plant at Brayton Point and numerous oil terminals in Tiverton and Fall
    River. The Bay's western shore is much less developed.

    A.   Fishery resources:  Fish eggs and larvae are extremely abundant in Mt. Hope
         Bay; in the peak month of June,eggs average 100/m3, compared to an average
         20/m3 in central Narragansett Bay.

    B.   Shellfish:  Although considered a productive quahaug ground, pollution levels
         have closed all of Mt. Hope Bay to shellfishing.

                                          27

    C.   Recreational opportunities:  Mt. Hope Bay is extensively used for hunting,
         boating, and sportsfishing.

    D.   Shipping and navigation:  Ships, mostly oil tankers (90-95% of all commerce)
         pass through Mt. Hope Bay on their way to extensive petroleum storage facil-
         ities (over 4,000,000 barrels) in Tiverton and Fall River.  As the trend to
         larger tankers grows, the 35 foot deep channels within Mt. Hope Bay become
         increasingly inadequate. The Corps of Engineers has initiated a project to
         dredge the Mt. Hope Bay shipping channel to a 40 foot depth to Tiverton and
         then North to the Braga Bridge in Massachusetts. A draft environmental im-
         pact statement has been issued, but a suitable dump site for the spoil has
         not been found.

    E.   Water quality:  Water quality in Mt. Hope Bay is generally poor.  On the
         Rhode Island side,water quality ratings are SD,SC and SB. The Massachusetts
         side is rated SC and SB., The differences in ratings are due to differences
         in the criteria by which the ratings are defined.

         Mt. Hope Bay suffers from multiple sources of pollution, most of which
        originate in Massachusetts.  The Fall River combined storm runoff  and sewage
         system, which operates at a primary treatment level, introduces 15 to 20
         million gallons of effluent per day plus an undetermined amount of raw sew-
         age from overflow outfalls into the Taunton River, The Taunton River also
         receives bacterial, and high oxygen demand wastes, heavy metals and toxic
         chemicals from industries in Taunton, Fall River, Norton and other munici-
         palities. The Quequechan River and Lees:River into which the New England
         Power Company at Brayton Point releases about 800 million gallons of heated
         effluent per day are also major pollution sources.

       TYPE 5:  URBAN ESTUARIES

                    The Council recognizes that the Providence River and Seekonk
                    River estuaries are extremely valuable to the state's economy
                    because of the commercial and industrial uses they support.
                    These estuaries are also valuable recreational resources for
                    the densely populated regions of upper Narragansett Bay.

                    The Council finds the following uses are supportive and/or
                    compatible with these values and designates them of high priority.
                         Shipping and navigation
                         Port development and maintenance
                         Shoreline dependent commerce and industry
                         Restoration of water quality
                       * Maintenance and expansion of appropriate recreational
                           opportunities

                    Activities which significantly interfere with the above stated uses
                    or would further degrade water quality are found to be of lowest
                    priority.
    TYPE 5:  URBAN ESTUARIES

                                      Providence River

         Description                                                                               l

              The Providence River is formed by the confluence of the Woonasquatucket and
         MoshassuckRivers.  As the river flows south towards Narragansett Bay, it is
         joined by the Seekonk River and, near its mouth, the Pawtuxet River. The drainage
         area for the Providence River and its tributaries includes 11 communities   in
         Rhode Island and 19 communities in Massachusetts. Most of the state's industry
         is found within the Providence River drainage basin. The combined freshwater
         flow of the Woonasquatucket andMoshassuck River into the estuary varies seasonally
         but averages 111 cubic feet per second (cfs). The Pawtuxet River contributes
         an average of 393 cfs of freshwater. The saltwater to freshwater ratio in
         the Providence River is large, but the river develops a halocline in the spring
         and a thermocline in the summer.       Water circulation  patterns   in the
         Providence River areioften dominated by the wind.

              The Providence River is traversed by a 40 foot dredged channel which runs
        from upper Narragansett Bay to Providence Harbor.  The shoreline surrounding the
         upper River is nearly all bulkheaded, but below Pawtucket Cove and Sabin Point
         the River is borderedby marshes and sand beaches.

                                           29

    A.  Salt marshes:  The Providence River was once nearly completely surrounded
        by salt marshes.  The few remaining salt marshes are highly productive and
        have comparable ecological values to the less disturbed marshes in lower
        Narragansett Bay.

    B.  Bird life:  Although severely polluted, the Providence River retains its typical
        estuarine values for birds and waterfowl.  The shallows and mudflats around
        and within Watchemoket Cove are particularly important habitat for shore
        birds.

    C.  Shellfish:  The Providence River contains extensive beds of large quahaugs;
        densities are conservatively estimated at 150 bushels per acre and a density
        of 300 bushels per acre may be found in some places.  Because the Providence
        River is heavily polluted  it is closed to all shellfishing.

    D.  Finfish:  Bluefish, menhaden, fish eggs, and larvae are returning to the
        Providence River.

    E.  Recreation:  India Point Park is a valuable recreational resource for the city
        of Providence.

    F.  Shipping and navigation:   A 40 foot dredged channel connects upper Narragan-
        sett Bay to Providence Harbor.  Several berths within the port urgently re-
        quire maintenance  or new dredging to .40 feet; however the location of suitable
        dredged material disposal sites has prevented nearly-all dredging in recent years.
        The Port of Providence is the fourth largest in New England and contributes
        substantially to Rhode Island's economy.  The port handles large volumes of
        petrnlium products.

    G.  Industrial and commercial development:  The shores of the Providence River
        are heavily urbanized.  Land uses are predominately  preemptive.  A number of
        the facilities lining the waterfront are deteriorating and/or abandoned.
        Renewal and redevelopment of these areas must receive high priority attention.

    H.  Water quality:  Water quality within the Providence River is severely de-
        graded.  The upper Providence River is out of compliance with its SC class-
        ification and the water in downtown Providence is class SD.  Providence's
        combined storm runoff and sewage system, which is operating at a primary
        treatment level, introduces 60 million gallons per day (MGD) of effluent to
        the River; an   undetermined amount of raw sewage flows directly into the
        River at times of heavy rainfall.  A plan to upgrade the plant should be
        completed in 1978.  During the summer, dissolved oxygen concentrations in
        the Providence River fall very low and during some nights the upper River
        becomes anoxic.  Providence Harbor sediments are viscous, highly organic,
        and are contaminated with petroleum hydrocarbons and heavy metals.  The lower
        reach of the Pawtucket River is class D where it joins the Lower Providence
        River, but is not in compliance with this classification and is a nuisance
        condition.  The application of advanced wastewater treatment should upgrade
        the River to class C.

                                   Seekonk River

        Description

             The Seekonk River is the tidal portion of the Blackstone River.  It begins

                                          30

    below the Main Street Dam in Pawtucket and extends approximately 4.8 miles south
    to the Providence River. The major freshwater contributors to the Seekonk River
    are the Blackstone and Ten Mile Rivers. The Blackstone River, whose tributaries
    originate in central Massachusetts, flows through the urbanized northern reaches
    of Rhode Island draining 15% of the state and contributing an average of 1,000
    cfs of fresh water to the Seekonk River. The Ten Mile River, which drains 3
    municipalities in Massachusetts, joins the Seekonk through Omega Pond. The Ten
    Mile River has an average flow of 50 cfs. There are'l8 dams on the last 18.4
    miles of the Blackstone River and 8 dams'on the last 7.5 miles of the Ten Mile
    River.

         The Seekonk River is shallow and extensive mudflats are found in its upper
    reaches. A dredged channel (16 feet at the mouth, 9 feet at the head) traverses
    the River.  Much of the shoreline is heavily developed and bulkheaded.

    Management Concerns

    A.   Birdlife: Although heavily developed, the Seekonk River provides important
         habitat for birds.

    B.   Shellfish:  There is no information of the shellfish resources of the Seekonk
         River. The entire area is rlosed to shellfishing by pollution.

     C.   Recreation:  There is considerable waterfowl hlunting in the Seekonk River.

     D.   Water quality:  The Seekonk River is classified SC and is presently in
          compliance with this classification. The principal sources of pollution
         are the Blackstone Valley District Commission's secondary treatment plant
          at Bucklin Point which services C~imrland, Lincoln, Central Falls and
          Pawtucket, the City of Pawtucket's combined sewer overflows, the inflows
         of polluted water from the Blackstone and Ten Mile Rivers, and surface
          runaff from oil storage terminals. The Blackstone River is classified
          C where it forms the Seekonk River Estuary. The Ten Mile River, which
          receives discharges from numerous industrial sources, mostly jewelry and
          metal plating plants, brings toxic heavy metals into the Seekonk River.

    E. The diversity in both natural characteristics and patterns of human use of
       Rhode Island'stidal waters and coastal ponds is an important resource.
       This diversity must be maintained through the adoption of management priorities
       which give particular attention to each estuaryls distinctive characteristics.  The
       Council therefore, finds it useful to categorize the state's coastal waters and
       designate use priorities for each category:

                                           31

    110.0-2  POLICIES AND REGULATIONS:

    A.  Definitions:

        1. Tidal waters and coastal ponds inc'ude the following waterbodies;
                  a.  Rhode Island and Block Island Sounds
                  b.  Estuaries
                  c.  Coastal ponds

        2.  Develooments and operations include for all Council permitting
            purposes any use and/or alteration of and/or activity in, under
            or over the state's tidal waters and coastal ponds except for
            navigation, fishing and/or fisheries management.

    B.      The Council's primary guiding principle in evaluating proposals
            for the alteration of tidal waters and coastal ponds shall be the
            preservation and restoration of these systems.
    C.  Alteration of tidal waters and coastal bonds; general permit requirements
        and reaulations:

        1.  Any person, firm or governmental agency proposing any development
            or operation within, above or beneath Rhode Island's tidal waters
            and coastal ponds as defined above extending out to the limit of the
            state's jurisdiction in the territorial sea shall first obtain a
            Council permit.
                Applicants for such a permit sh-ll demonstrate by a fair preponderance
            of evidence that the proposed development or operation will not:
                  a.  Conflict with any Council Plan or Program.
                  b.  Make any area unsuitable for any uses or activities to
                      which it is allocated by a Council Plan or Program; or
                  c,  Significantly damage the environment of the coastal region.

        2.; It shall be further demonstrated by reliable and probative evidence
            that the coastal resources are capable 6f supporting the proposed
            activity including the impacts and/or effects upon:
                  a. Circulation and flushing patterns;
                  b. Sediment deposition patterns;
                  c. Biological  systems,      including vegetation, shell-
                      fish and finfish resources, and wildlife habitat;
                  d. Aesthetic and/or recreational value;
                  e. Water quality;
                  f. Public access to and along the shore;
                  g. Erosion and flood hazards;
                  h. Runoff patterns;
                  i. Biological productivity
        3.  Where required demonstrations as set forth under 1 and 2, above cannot
            be or are not made)the Council shall require appropriate modifications to
            or shall deny the application in question.

    0D.  Alteration of tidal waters and coastal ponds: specific permit requirements
        and regulations:

                                     32

    1.  Alteration of conservation/low intensity use estuaries and coastal
       ponds:
             a.  The following uses or activities shall require a Council
                 permit pursuant to C. i, above and shall be permitted
                 only upon demonstration that a bona fide benefit to the
                 public welfare will result and further that no reasonable
                 alternative exists:
                      (1)  Industrial development;
                      (2)  Sewage disposal and storm water runoff;
                      (3)  Depo~sition of fill;
                      (4)  Extensive grading or excavation;
                      (5)  Installation of cables and pipelines;
                      (6)  Storage and transport of hazardous materials;
                      (7)  Dredging.
                      (8)  Structures in navigible water.
              b. Such permits shall further be subject to general permit
                  requirements set forth under C.1 and 2, above.

    2. Alteration of multiple use recreation estuaries and coastal ponds:
              a.  The following uses or activities shall require a Council
                  permit pursuant to C. 1, above and shall be permitted only
                  upon demonstration that a bona fide benefit to the public
                  welfare will result and further that no reasonable
                  alternative exists:
                      (1)  Industrial development
                      (2)  Deposition of fill
                      (3)  Discharge of domestic, municipal and industrial
                             sewage
                      (4)  Extensive grading or excavation
                      (5)  Storage or transport of hazardous materials
                      (6)  Any activity disruptive of recreational use
              b. Such permits shall further be subject to general permit
                  requirements set forth under C.1, and 2, above.

    3. Siting, construction, alteration and/or maintenance of breachways:
              a.  The siting, construction, alteration and/or maintenance
                  of any breachway into a coastal pond whether of a temporary
                  or permanent nature shall require a Council permit pursuant
                  to C.1; above.
              b.  Applicants for such a permit shall demonstrate by a fair
                  preponderance of evidence that the proposed action(s),
                  particularly as these relate to the width, depth, shape and
                  orientation of the proposed breachway to longshore current
                  patterns, will have no significant adverse environmental
                   impacts(s) on the coastal pond or any beach, wetland or other
                  natural system contiguous thereto.
              c.  In addition to the general permit requirements and regulations
                   listed under C.1 and 2, above, it shall be further
                  demonstrated by reliable and probative evidence that the
                  coastal resources are capable of supporting the proposed
                  activity including the impacts and/or effects of resulting
                   boating activity upon:
                     (1)  Turbidity;
                     (2)  Release of petroleum or antifouling residues;
                     (3)  Noise;
                     (4)  Dredging requirements;
                     (5)  Destruction of eelgrass beds.

                                       33

              d,  The Council may permit temporary breaching of coastal ponds
                 where necessary to maintain anadromous fish runs and reduce
                  flooding of adjacent areas upon demonstration that no
                  significant adverse environmental  impact shall result.

    4.  Alteration of tributary water bodies:
              a.. Persons, firms or governmental agencies proposing any activity
                  affecting or alteration of any tributary to a tidal water
                  body or coastal pond shall provide the Council timely notification
                  of such proposals including most particularly:
                      (1)  Stream channel ization;
                      (2)  Dam implacement or removal;
                      (3)  Other floodcontrol measures;
                      (4)  Sewage discharges;
                      (5) Devegetation of stream banks.
                      (6)  Fil Ilinq,
              b.  Notification shall be in writing and shall be submitted at
                   least 120 days prior to initiation of the proposed action.
                  Notification shall describe in words and or maps the location,
                  nature, size and duration of the action, proposed environmental
                  safeguards and any other information the Council may
                  subsequently request.
              c.  Where, on the basis of information presented to it in the
                  above notification or by any othen source, the Council finds
                  a reasonable probability that significant changes in the
                  volume and/or quality of fresh water flowing into a tidal
                  water body or coastal pond will result from the proposed
                  action, it shall require that a Council  permit first be
                  obtained.
              d.  Such permits shall further be subject to general permit
                   requirements set forth under C.1 and 2, above.

    5.  Alteration of salinity and water volume:
              a.  The siting, construction and/or alteration of causeways or
                   bridges over; hurricane or other storm/flood barriers in;
                   the dredging and/or filling of; the withdrawal, or diversion
                   of water from; and/or the discharge of water into any tidal
                   water body or coastal pond shall require a Council permit
                   pursuant to C.1, above.
               b.  Applicants for such permits shall demonstrate by a fair
                   preponderance of evidence that the proposed action(s) will
                   not have significant adverse impacts on the affected water body
                   or pond, particularly as these relate to alterations of the
                   fresh to salt water ratio.
               c.  Such permits shall further be subject to general permit
                   requirements set forth under C.l and 2, above.

                                 120:    SHORELINE SYSTEMS

    120.0-1  GENERAL FINDINGS:

    A.   Where tidal waters meet the land  a great variety of geologic forms
         have evolved.

              -  Along the open ocean are wide sandy beaches, steep cobble
                 beaches and seacliffs.

              -  In estuaries and coastal ponds  a wide variety of low bluffs,
                 sandy to muddy shores and coastal wetlands are found.

    B.   All shoreline systems are dynamic and change their shape and character
         in response to storms, currents, human modifications and the gradual
         rise in sea level.

                 Some ten thousand years ago, during the last glaciation,Rhode
                 Island's ocean shore was several miles seaward of its
                 present position. Sea level has since been rising, though
                 at varying rates, causing the shore to retreat inland.
                        The present rate of sea level rise is small, about one
                        foot each century. A foot of vertical rise, however,
                        accounts for an inland retreat of some 30 feet along
                        many sand beaches.

                 The gradual movement of the shoreline can be temporarily
                 delayed by building walls and dumping fill, but it must be
                 recognized that a slowly retreating shoreline is a reality
                 that must be accommodated in coastal plans.

                 Dramatic changes to the coastline may occur in a few hours
                 during a major storm or in a few years in areas of rapid
                 erosion. Erosion and flood prone areas are.discussed
                 separately in Sections 130and 140.

     120.1 BEACHES

     120.1-1 FINDINGS:

    A. Beaches are dynamic, flexible features.

        - The character of a beach is determined primarily by the particle
          size of the sediment, wave and current action, slope and the
          organic and water content of the sediment. Any activity which

                                        35

                alters one or more of these parameters will significantly
                change the character of the beach as a whole.

                Sandy beaches usually undergo seasonal changes in profile.
                The beach is usually broad and flat when waves are small
                 (usually in the summer) and steep and narrow when large
                waves move sediments off the shore to form bars (usually in
                 the winter).

    B.   Beaches are maintained by sediments from many sources.  It is frequently
         difficult to establish the source of sediments fo.r an individual beach.

                The major potential sources of sediment include:  the erosion
                of headlands, terrestrial sediments borne by streams and rivers,
                 and marine sediments transported by waves and currents.

              - Shoreline protection facilities, breakwaters and inland dams
                 may significantly alter the supply of sediment to beaches.

    C.   Beaches are unsuitable sites for permanent structures since they are
         unstable, dynamic features and are prone to flooding. Structures may
         also interrupt the flow of sediments along a beach causing deposition
         on one side of the structure and erosion on the other.

    D.   Many beaches are of great recreational value.  The large sand beaches
         of the South Shore are heavily used for swimming, fishing and walking.
         Maintaining public access to beaches is a critical concern.

    120.2 BARRIER BEACHES AND SAND DUNES

    IDENTIFICATION:

    A.   Barrier Beaches:  Barrier beaches are narrow strips of land made of
         unconsolidated material extending roughly parallel to the general
         coastal trend and separated from the mainland by a relatively narrow
         body of fresh, brackish or saltwater or a wetland. (Maps defining
         areas subject to regulation as barrier beaches are on file with the
         Office of Secretary of State).  Lateral limits of barrier beaches are
         defined as the point at which unconsolidated sand or cobble abut rock,
         glacial till or other sediments unrelated to deposits made by wind or
         waves. Beaches and coastal wetlands (see Sections 120.1 and 120.4)
         are found along the borders of the barrier beaches.
         The Coastal Resources Management Council has found it necessary to
         assign all barrier beaches to one of two categories as follows:

         1.   Altered or Developed Barrier Beaches

              -  Atlantic Beach, Westerly
              -  Central Beach, Charlestown
              -  East Beach (west of Ninigret Conservation Area), Charlestown
              -  Charlestown Beach, Charlestown
              -  Green Hill. Beach, South! Kingstown
              -  East Matunuck-Jerusalem Beach, South Kingstown-Narragansett
              -  Roger Wheeler Beach (Sand Hill Cove), Narragansett
              -  Narragansett Beach, Narragansett

                                         36

             - Bonnet Shores Beach, Narragansett
             -  Mackerel Cove Beach, Jamestown
             - Hazard's Beach, Newport
             -  Bailey's Beach, Newport
             - First (Easton's) Beach, Newport
             - Second (Sachuest) Beach, Middletown
             - Third Beach, Middletown
             - Tunipus (South Shore) Beach, Little Compton
             - Crescent Beach, New Shoreham
             - Coast Guard Beach, New Shoreham

        2.   Undeveloped Barrier Beaches

             - Napatree Beach, Westerly
             - Maschaug Beach, Westerly
             -  Quonochontaug Beach, Westerly-Charlestown
             - East Beach (Ninigret Conservation Area to breachway), Charlestown
             - Moonstone Beach, South Kingstown
             -  Browning Beach, South Kingstown
             -  Watchhouse Pond Beach, Little Compton
             - Long Pond Beach, Little Compton
             -  Round Pond Beach, Little Compton
             - Briggs Beach, Little Compton
             - Ship Pond Cove, Little Compton
             - Round Meadow Pond Beach, Little Compton
             - Quicksand Beach, Little Compton
             - Sandy Point, New Shoreham
             - West Beach, New Shoreham

    B.   Sand Dune:  A sand dune (dune field) is an elevated accumulation of sand
         formed by wind action and normally following the general coastal trend
         immediately inland of an unvegetated beach. The seaward limit of the
         dune is defined as:  (1)  the furthest seaward point where a noticeable
         sustained increase in general topographic slope begins, or (2) the
         furthest seaward extent of rooted vegetation in the immediate area, or
         (3) fifteen (15) feet seaward of the maximum elevated portion of the
         dune, whichever is further seaward. The inland limit of the dune shall
         be defined as:  (1)  the furthest inland point where a noticeable
         sustained increase in general topographic slope beings, or (2) fifty
         (50) feet inland of the maximum elevated portion of the dune, which-
         ever is further inland.

         Where a dune thus defined is interrupted by natural or man-made breaks,
         wash overs or blowouts, its seaward and inland limits shall be con-
         sidered to follow lines extending between the furthest seaward and
         inland limits of the dune on one or both sides and following the
         general coastal trend.

         All major dunes (dune fields) are on barrier beaches.

    C.   Barrier Wetland:  Any coastal wetland, freshwater wetland, marsh, swamp
         or bog; or any combination thereof, provided same is part of a
         designated barrier beach.

                                         37

    120.2-1  FINDINGS:

    A.   Rhode Island's barrier beaches, their associated sand dunes, wetlands
         and salt ponds are a limited and valuable natural resource in need of
         protection and careful management.

              -  The barrier beach system is a very delicate one, yet in an
                 undisturbed state is a public asset of the greatest value.

              -  Approximately 65 percent of Rhode Island's 27.3 miles of barrier
                 beach are undeveloped. The recreational opportunities and
                 uniquely beautiful open space they provide are of immediate
                 and growing benefit in an increasingly developed region.

              - The state's barrier beaches are more heavily used each year
                 as residential development pressure increases.

    B.   Barrier beaches are complex and sensitive natural systems.  Some uses
         cause detrimental effects  far beyond the immediate site.

                 The barriers are composed of unconsolidated materials and are
                 dynamic features which are continually altered by the actions
                 of wind and ocean.

                 They are migrating gradually inland in response to a rising sea
                  level.

                 As the most seaward landform along much of the state's ocean
                 shoreline barrier beaches are exposed to the full force of
                 ocean storms and hurricanes.

     C.   Barrier beaches have proved particularly ill suited to human occupation.

               -  Twice in the recent past (1938 and 1954) Rhode Island's barrier
                  beaches have been subjected to severe hurricane damage.

               -  Hundreds of lives have been lost and hundreds of millions of
                  dollars in property damage has been sustained.

                  Debris from wave shattered structures has been swept inland on
                  flood waters to cause additional destruction to low-lying
                  mainland areas, endangering more lives, increasing property
                  damage and complicating cleanup efforts.

     D.   Barrier beaches serve as natural storm buffers which protect the lands
          and waters behind them.

               -  The barriers are most effective as storm buffers when their
                  dunes are well developed and protected from wind erosion.

               -   The height and stability of dunes is maintained naturally by
                  beachgrass which traps and anchors wind blown sand.

                                        38

                 Beachgrass is an extremely hardy plant, but is intolerant of
                 trampling or disturbance.

                 Where beachgrass has been destroyed unstabilized sand is
                 exposed to wind erosion and the integrity of the barrier beach
                 as a storm buffer is compromised.

                 The consequence of dune erosion is increased inland flooding
                 and wave damage during storms, the disruption of the salt
                 pond and wetlands and/or the acceleration of the shoreward
                 migration of the barrier.

    120.3  CLIFFS, LEDGES AND BLUFFS

    120.3-1 FINDINGS;
    A.   Bluffs, cliffs and ledges are erosional features.

              -  The principal erosional forces that have shaped and continue
                 to modify coastal cliffs and bluffs are waves, tidal currents,
                 the wind-and surface runoff.

              - Factors that affect the ability of a cliff or bluff to with-
                 stand erosion include its composition (rock or soil type), slope,
                 stratigraphy, height, exposure, vegetative cover and the amount
                 of human disturbance it must withstand. Since bluffs are com-
                 posed of unconsolidated sediments, primarily glacial tills,
                 they erode more rapidly than cliffs. Exposed bluffs have been
                 known to recede as much as 30 feet in a single storm.

    B.   Bluffs and cliffs present severe constraints to human use.

              - Structures on the face of a cliff or bluff, or close to a cliff
                 of bluff top, may increase the feature's susceptibility to
                 erosion through weight loading and alteration of runoff patterns.

              - Activities such as climbing may significantly increase the erosion
                 of bluffs and of cliffs composed of soft rock.

    C.   Cliffs, bluffs and ledges have significant values in the maintenance of
         coastal ecosystems.

              - Eroding coastal bluffs may provide an important source of sand
                 to nearby beaches.

              - The rock pools associated with many ledges are unusual habitats
                 of great beauty.

                                                39

                       The dense growth of seaweed found at the base of many cliffs and
                        ledges may contribute significantly to the overall productivity
                       of coastal waters.

                       Because they are inaccessible to man and other predators, some
                       cliffs and bluffs provide important nesting sites for several
                       species of birds.

          D.   Cliffs and bluffs are frequently features of dramatic beauty.

                       Many of the state's most popular scenic overlooks are associated
                       with cliffs and bluffs. More than 300,000 people visit
                       Newportts cliff walk each year

                        Because of their scenic values and/or their historic importance,
                        seven coastal cliffs and one bluff have been designated as
                        coastal natural areas.  These areas are:  Bonnet Point, Beavertail
                        Point, Fort Wetherill, Ocean Drive, Cliff Walk, Purgatory Chasm,
                        Sakonnet Point and Mohegan Bluffs;.

          120.4 COASTAL WETLANDS

          i20.4-1  FINDINGS:

          A.   Salt marshes are flexible features that change in shape as sealevel
               rises; the salinity of the surface water primarily controls the plant
               species present.  No set of maps can be entirely accurate since the
               borders of many coastal wetlands shift from year to year.

          B.   The biological values of coastal wetlands are well known.

                    -  They provide food and shelter for an abundance of juvenile fish
                       and are an important nursery for many fish and shellfish species.

                       Coastal wetlands yield large crops of grasses that  when they
                        decay  provide detritus that is an important food source both
                       within the wetland and in coastal waters.  The export of nutrients
                        from coastal wetlands is significant in maintaining the high        -
                        productivity of estuarine and coastal waters.

    S

                                         40

             - The mud flats and creeks associated with many coastal wetlands
                are rich in shellfish, particularly soft shelled clams.

             - Coastal wetlands also provide essential habitat for a wealth of
                shorebirds and waterfowl.

    C.   Coastal wetlands provide a buffer between open water and the shoreline
        and can be effective in retarding erosion along unconsolidated shorelines.

    D.   Coastal wetlands, and the wealth of wildlife they support, are important
        aesthetic assets.

    E.   Much of the original acreage of coastal wetlands in Rhode Island has
         been destroyed, and the pressures to fill coastal wetlands continue.

             -  Downtown Providence, much of Quonset and many other low lying
                 coastal communities are built on what was once coastal wetland.
                We do not know how much coastal wetland has been destroyed by
                 development but some 10 percent of our larger coastal wetlands
                 (40 acres or more) were filled between 1955 and 1D964.

              - Since coastal wetlands are found in sheltered waters, they
                 frequently coincide with attractive sites for marinas and water-
                 front homes. Most of the salt wetlands that remain are small,
                 and when viewed in isolation, many appear to be of insignificant
                 value. The pressures to fill in or otherwise alter coastal
                wetlands therefore remain.

    F.   The Council recognizes that in some instances it will be necessary to
         alter some coastal wetlandc,and conversly that it may at times have
         the opportunity to offer additional protection to certain wetlands.  The
         Council has, therefore, sponsored research to investigate the feasibility
         of rating the relative values of individual coastal wetlands. Data
         were collected over two years in ten Rhode Island coastal wetlands,
         varying widely in size and in various settings including dense urban
         developments and isolated wildlife preserves.  Sampling included the
         standing crop of grasses, the density of grass shoots, seed production,
         fish population, and the abundance of grass shrimp, fiddler crabs,
         insects and birds. If all the variables are given equal weight the
         large variability in all parameters make it virtually impossible to
         separate coastal wetlands into different categories. The study also
         shows that there is little if any correlation between the perceived
         aesthetic value of a coastal wetland and its ecological characteristics.
         The Council finds, therefore, that all coastal wetlands must be
         considered to be of comparable value.

    G.   The Council recognizes that land uses and activities abutting coastal
         wetlands may have a strong impact upon the wetland itself. Nearby
         drainage patterns which affect siltation and the salinity of waters
         may easily be altered with detrimental effects.  Wildlife must be
         protected from harassment. Bulkheading and filling along the inland
         perimeter of a marsh prevents further inland migration of wetland vege-
         tation as sea level rises.

                                         41

    120.0-2  POLICIES AND REGULATIONS;

    A.   Definitions:

              1. Shoreline Systems shall include the following categories of
                 area or feature:
                     a. Beaches and barrier beaches
                     b. Cliffs, ledges and bluffs
                     c. Coastal wetlands
                     d. Sand dunes
                     e. All directly associated areas contiguous to and necessary
                        to preserve the integrity of such areas and features.

              2. Directly associated and contiguous areas shall include all
                 lands and waters contiguous to and extending at least two
                 hundred (200) feet inland from the most inland border of any
                 shoreline system.,as cited in l.a-d, above. See section 310.4.

              3. Activities and land uses shall include for all Council permitting
                 purposes any use and/or alteration of and/or activity in or
                 involving any shoreline system.

    B.   The Council finds the preservation and protection of shoreline systems
         to be a high priority.

    C.   Alteration of shoreline systems; general permit requirements and regulations:

              1. Any person, firm or governmental agency proposing to locate,
                 construct, alter and/or operate any activity or land use on
                 Rhode Island's shoreline natural systems and all directly
                 associated areas contiguous thereto as defined above shall first
                 obtain a Council permit.

                 Applicants for such a permit shall demonstrate by a fair prepon-
                 derance of evidence that the proposed activity or land use
                 will not:

                        a. Conflict with any Council Management plan or Program;
                        b.  Make any area unsuitable for any uses or
                            activities to which it is allocated by a Council
                            Management Plan or Program; or
                        c.. Significantly damage the environment of the coastal
                            region.
                 2.  It shall be further demonstrated by reliable and probative
                     evidence that the coastal resources are capable of supporting
                     the proposedactivity including the impacts and/or effects
                     upon:
                        a.  Circulation and flushing patterns;
                        b.  Sediment deposition patterns;
                        c.  Biological communities, including vegetation, shellfish
                            and finfish resources and wildlife habitat;
                        d.  Aesthetic and/or recreational value;
                        e.  Water quality;
                        f.  Public access to and along the shore;
                        g.  Erosion and flood hazards;
                        h.  Runoff patterns.

                                    42

        3. Where required demonstrations as set forth under 1 and 2, above)
           cannot be or are not made, the Council shall require appropriate
           modifications to or shall deny the application in question.

    Alteration of shoreline systems; specific permit requirements and regulations:

         1. Sand dunes:
                a. Pedestrian and vehicular traffic across sand dunes shall
                   be prohibited except along marked and stabilized trails
                   or across boardwalks or similar devices designed to
                   prevent trampling of beachgrass. Such devices shall be
                   required wherever access across sand dunes is provided.

                   This regulation shall not be construed as establishing
                   any right of trespass on or across private property
                   or where it is otherwise prohibited or restricted by
                   public or private agencies.

                b. Construction on or alteration of sand dunes shall
                   require a Council permit pursuant to C.l, abovejand shall
                   further be subject to all regulations pertaining to
                   construction in flood hazard, and erosion prone areas
                   (see Sections 130 and 140).

                c. Construction or alteration shall be prohibited except
                   where associatedfwith an approved restoration or
                   stabilization project or where demonstrated necessary
                   to promote or protect the public welfare, and then only
                   where no significant damage to the coastal environment
                   will result. In such cases, the Council may allow tem-
                   porary alterations where adequate assurance is provided that
                   the altered area will be returned, restored and stabilized
                   to approximate its natural state as it existed prior
                   to the alteration.

                d. Permit applications for the temporary alteration of sand
                   dunes under c, abovelshall be subject to general permit
                   requirements set forth under C 1 and 2 above.

                e. With the exception of boardwalks, all existing structures
                   on or alterations of sand dunes which are destroyed as
                   a result of storm induced water, wave or wind damage,
                   regardless of any insurance coverage carried, may not be
                   reconstructed on or in a sand dune or dune field. For
                   the purpose of this section, said structures shall be
                   considered destroyed if their fair market value is reduced
                    in excess of 50 percent as a result of said storm
                    induced water, wave or wind damage.

                              43

    2. Beaches and barrier beaches:
          a. Construction on or alteration of beaches and/or barrier
              beaches shall require a Council permit pursuant to C.1,
              above)and shall further be subject to all regulations
              pertaining to construction in flood hazard and erosion
              prone areas (see Section 130 and 140).

           b. Construction on or alteration of the beach face is
             prohibited except where associated with an approved
              restoration or stabilization project or where demon-
              strated necessary to promote or protect the public
             welfare, and then only when no significant damage to the
              coastal environment will result.  In such cases, the
              Council may allow temporary alteration of the beach face when
              provided with adequate assurances that the altered area will
              be returned, restored and stabilized to approximate
              its natural state as it existed prior to the alteration.

           c. Applicants for a Council permit to build on or alter a
              developed barrier beach shall be required to demonstrate
              by a fair preponderance of evidence that the proposed
              action(s) will not cause significant damage to the
              surrounding coastal environment as it exists in its
              altered or developed state.

           d. Construction on and/or alteration of undeveloped barrier
              beaches shall be prohibited except where related to a
              Council approved beach or dune stabilization or restoration
              project, public access, sanitary or recreational facility
              or where a temporary alteration is demonstrated necessary
              to promote or protect the public welfare and then only
              when no significant damage to the coastal environment
              will result.

           e. Restoration and stabilization projects; construction on
              or alteration of developed barrier beaches; construction
              of public access, sanitary or recreation facilities on
              undeveloped barrier beaches; and/or temporary alterations
              of beaches and barrier beaches as referenced under b., c.
              and d, above shall require a Council permit and shall
              be subject to general permit requirements set forth under
              C.1 and 2, above.

           f. Traditional nonstructural uses of beaches and barrier
              beaches including the following shall be allowed :

              (1) Wildlife management and observation
              (2) Open space preservation
              (3) Hunting
              (4) Fishing
              (5) Harvesting of seaweed

                        44

       (6) Hiking
       (7) Boating
       (8) Driving
       (9) Bathing
      (10)Camping
    g. Application Forms (Form #8, 1-74) sent in response to
       requests to alter a barrier beach or portion thereof
       shall be accompanied by a copy of these regulations.
      Where such building or alteration may subject the applicant's
       investment to storm inundation and/or wave damage, or be
       injurious to surrounding properties, public safety or
       public welfare, a notice to this effect shall also be
       included. Signing of the Application Form shall indicate
       acknowledgement of said regulations and notice and cognizance
      of warnings contained therein.

    h. All persons in a designated barrier beach area shall be
       required to observe the following rules:
       (1). Destruction or removal of signs, snow fencing or
           other sand stabilization devices is prohibited.
       (2) Camping in tents, lean-tos or other temporary shelters
           is prohibited.
       (3) Open fires are prohibited.
       (4) Self-contained toilet and waste holding tank for
           vehicles with overnight accommodations are required.
       (5) Persons shall be at all times subject to town ordinances
           and all regulations restricting the use of private,
           state or federal properties, where applicable.

    i. Vehicultause of beaches and barrier beaches where not
       otherwise prohibited or restricted by property owners,
       private or public management programs shall be permitted
       only under the following conditions:
       (1) Motorcycles, minibikes, snowmobiles, all-terrain
           motorized cycles and tricycles are prohibited except
           for authorized management related vehicles.
       (2) A Coastal Resources Management Council use permit
           shall be required for all other vehicles. Such permit
           shall be issued by the Division of Enforcement of the
          Department of Environmental Management subject to the fol-
           lowing requirements and conditions; in the event these
           requirements and conditions are not met, the use permit shall
          be subject to revocation by the Council or their agents.
           (a)  Vehicles shall have all documentation and
                registration as is necessary to operate a motor
                vehicle on the public highways of this state.
           (b)  All permit applicants shall exhibit proof of
                current extraterritorial insurance coverage.
           (c)  A $10.00 annual fee shall be charged for obtaining
                said permits.
           (d)  Permits shall be renewable on a yearly basis.

                                     45

                       (3)  All persons operating vehicles on beaches shall
                            be required to observe the following rules:
                            (a)   All persons operating said vehicles shall
                                 have valid operators'  licenses as issued
                                 by a state or territory of these United
                                  States or its equivalent as required.
                            (b)   Maximum speed on all beaches shall not
                                 exceed 10 mph.  Maximum speed on beaches
                                  shall not exceed 5 mph when approaching
                                 pedestrians.
                            (c)   Ruts or holes caused by vehicles shall be
                                  filled and debris removed.
                            (d)   Headlights shall be used by all vehicles
                                 moving between sunset and sunrise.
                            (e)   Riding on or driving from any position
                                 outside the vehicles shall be prohibited.
                            (f)   Vehicles shall not operate across protected
                                  (lifeguard)swimming beaches during the
                                 period they are protected and in operation.
                            (g)   Vehicles shall be at all times subject to
                                 town ordinances and all regulations
                                  restricting the use of private, state
                                 or federal properties.

                       (4)  The Council   requires             for the
                            operator's safety and benefit that the following
                            equipment be carried in good working order by
                            all vehicles operated on a barrier beach area:
                            (a)   Shovel  (heavy duty or military entrenching tool)
                            (b)   Tow rope or chain (15 feet, load strength
                                  of 1800 lbs., chain sixe 5/16" )
                            (c)   Jack and support stand (minimum 18" x 18" x 5/8",
                                  plywood)
                            (d)   Street legal tires (4 ply tread, 2 ply sidewalls)
                                   (snow or mud are not recommended)
                             (e)   Spare tire
                             (f)   Low pressure tire gauge (0-20 lbs.)
                             (g)   First aid kit (Coast Guard approved)
                             (h)   Fire entinguisher (Coast Guard or Interstate
                                   Commerce Commission approved)
                             (i)   Road flares
                             (j)   Flashlight

    3.  Cliffs, ledges and bluffs:

            a.  Construction on or alteration of coastal cliffs, ledges, bluffs
                and contiguous areas shall require a Council permit pursuant
                to C.], above.

            b.  Applicants for such a permit shall demonstrate by a fair
                preponderance of evidence that the proposed action will not
               have any significant adverse impact on the affected cliff,
                ledge or bluff.

                                  46

          c.  In addition to the general permit requirements and regulations
               listed under C.2, above, it shall be further demonstrated by
               reliable and probative evidence that the coastal resources are cap-
              able of supporting the proposed activity including
               the impacts and/or effects upon:
               (1)   Runoff patterns, weight loading and erosion rates;
               (2)   Vegetation;
               (3)   Water quality as a result of leaching from septic systems

          d.  The Council shall encourage the use of non-structural methods
               to correct erosional problems associated with cliffs and
               bluffs.  In considering applications for permits for
              erosion control measures (See Section 140.0-2) the Council
               shall consider the impact of the structure upon the supply
              of sediments to nearby beaches and the aesthetic qualities
              of the cliff or bluff.

    4. Coastal Wetlands:

           a. Development or alteration of coastal wetlands or areas
               contiguous thereto shall require a Council permit pursuant
               to C.1, above.  Such developments or alterations shall include
               but are not limited to depositing of mud, dirt, fill, refuse,
               effluents of any kind and/or excavation, ditching.and/or
               dredging.

           b.  Applicants for such a permit shall be required to demonstrate
               by a fair prepondernace of evidence that such developments,
               activi.ties, or alterations or any other developments,
               activities, or alterations related thereto will not signi-
               ficantly damage the biologic and/or hydrologic processes
               within or affecting the wetland.
           c.  It shall be further demonststrated by reliable and probative
               evidence that the coastal resources are capable of supporting the
               proposed activity including thea impacts and/or effects upon:
                (1)  Coastal wetland vegetation;
                (2) Water circulation, depth and tidal flow;
                (3) Marine life including larvae and juveniles of fish,
                    shellfish and benthic organisms;
                (4) Birds and wildlife;
                (5)  Erosion, runoff and siltation;
                (6) Scenic quality;
                (7) Water quality;
                (8) Flood water retention capacity.

            d. The Council may permit disturbances to the biologic and/or
                hydrologic processes within or affecting a coastal wetland
               only where it is demonstrated by clear and convincing
                evidence that a bona fide benefit to the public welfare
               will result and that no reasonable alternative exists.

            e. The Council finds that the following uses, if pursued in
                reasonable moderation, do not conflict with the proper
                management of coastal wetlands:  low intensity recreation
                including bird watching, fishing, clamming, hunting,
                cr+ipnti fir raqearh and educational uses.

                                         47

                                       130   FLOOD HAZARDS

    130.0-1  FINDINGS:

    A.   Much of the state's shoreline is vulnerable to flooding during severe
         winter storms and hurricanes.

                 In the past 350 years Rhode Island has been struck by 71 hurri-
                 canes, 13 of which caused severe flooding and 25 moderate flood
                 ings.

              -  Two major hurricanes in the last 40 years caused extensive
                 damage and loss of life; 311 dead, $125 million in damages and
                 1,966 homes destroyed in 1938; 15 dead, $200 million in damages
                 and 3,800 homes destroyed in 1954.

              -  The entire South Shore and portions of the Narragansett Bay
                 shoreline have been designated coastal high hazard areas by the Dept.
                 of Housing & Urban Development. Theseareas are subjectto wind driven
                 waves and surge (abnormally high water level) during coastal
                 storms (Figure 1-2)

    B.   Considerable progress has been made in minimizing the state's vulnerability
         to coastal storm damage and flooding.

              -  Improved weather forecasting provides a minimum 12 hours notice
                 of approaching storms.

              - Community evacuation plans have been formulated and police have
                 been authorized to enforce them during emergencies.

              -  Emergency exit routes from isolated coastal areas have in many
                 instances been built or improved.

              - Over $17 million has been spent on coastal flood protection in
                 the last twenty years.  Projects include construction of hurri-
                 cane barriers, breakwaters, beach and dune stabilization.

    C.   In the last ten years the federal government has become increasingly
         involved in flood damage prevention, first through the National Flood
         Insurance act of 1968 and then through the Flood Disaster Act of 1973.

                                              Figure 1-2

         Coastal  Flooding                                 ,

      Wind  Set
                                  I1

    ASTRONOMIC TIDE

                           Mean Low Water

                                         49

                The objective of the Federal Flood Insurance Program is to
                guide development away from flood prone areas.

                This program makes federally subsidized flood insurance available
                to owners of flood prone property in communities participating
                in the program.

                Participation requires communities to implement regulatory con-
                trols over flood prone areas based on minimum federal standards.
                          Twenty-one of the state's 37 flood prone communities
                                 have entered the regular phase of the National
                                 Flood Insurance Program, while 16 remain in the
                                 emergency phase.

                Federal standards address new construction or substantial improve-
                ments to existing structures.
                          They require that the lowest floor of residential
                                  structures be elevated to above the 100 year
                                  still water flood level.
                          They require that non-residential structures be flood
                                  proofed to the 100 year level.
                          They require additional design features to minimize
                                  flood damage to or movement of structures and
                                 water and sewer systems.

    D.   The Federal Flood Insurance Program (NFIP) has had difficulty in establish-
         ing regulatory standards which accommodate the severe wave action and storm
         surge typical of the open ocean shoreline.

              -  Regulatory standards emphasize design rather than location.

              -  Design standards for coastal areas subject to high velocity wave
                 action (the V-Zone on NFIP maps) do not account for wave height
                 or runup (See Figure 1-2-which can account for an increase of as
                 much as 50% over still water flood levels.

    E.   The availability of subsidized flood insurance has complicated state
         efforts to manage particularly vulnerable coastal areas such as low lying
         barrier beaches.

                 Prior to introduction of the program in Rhode Island banks
                 controlling the majority of mortgage business along the state's
                 South Shore refused to grant mortgages seaward of the "wet wash
                 line"  (the line beyond which damage and destruction was heavi-
                 est as a result of the 1938 hurricane).

                 The absence of ready financing severely limited development
                 pressure in high flood hazard areas which-has risen enormously
                 since introduction of the program.

                 The problem seems to be that subsidized actuarial rates do not
                 reflect the real risk of building in coastal high hazard areas
                 consequently provide an artificial stimulus to such building.

    F.   The Council finds a particular threat to lives and property as a result of
         development of low lying and flood prone coastal areas where the following
         conditions exist:

              - Exposure to high velocity wave action, runup and surge;

              -  Vulnerability to storm-induced erosion,especially where such
                 erosion threatens structures;

              - Vulnerability of emergency evacuation routes to flooding or
                 erosion.

    130.0-2  POLICIES AND REGULATIONS:

    A.   The following developed coastal areas are found to be particularly
         hazardous because of their vulnerability to wave action, erosion and
         flooding:

              Atlantic Beach, Westerly
              Central Beach, Charlestown
              East Beach, (west of Ninigret Conservation Area), Charlestown
              Charlestown Beach, S. Kingstown
              East Matunuck-Jerusalem Beach, S. Kingstown-Narragansett
              Sand Hill Cove Beach, Narragansett
              Narragansett Beach, Narragansett
              Bonnet Shores Beach, Narragansett
             Mackerel Cove Beach, Jamestown
              Hazard's Beach, Newport
              Bailey's Beach, Newport
              First (Easton's) Beach, Newport
              Second (Sachuest) Beach, Middletown
             Third Beach, Middletown
             Tunipus (South Shore)
              Crescent Beach, New Shoreham
              Coast Guard Beach, New Shoreham

                                         51

       Construction* within these developed flood hazard areas shall require
       a Council permit and shall be subject to the following rules and regula-
        tions:

       1.  Construction, restoration and/or substantial improvement of struc-
           tures on the beach face.or dunes shall be prohibited.

       2.  The lowest structural member of the lowest floor of any new,
            restored or substantially improved structure shall be elevated a
           minimum of 6 feet above the 100 year flood level as determined by
            the Dept. of Housing. and Urban Development.  Said member or members
            shall 'be adequately anchored to pilings with the space between the
            pilings free of obstructions.

    B.  The following essentially undeveloped coastal areas are also of concern
        to the Council because of their vulnerability to wave action erosion and
        flooding:

            (1)  Napatree Beach, Westerly
            (2)  Maschaug Beach, Westerly
            (3)  Quonochontaug Beach, Westerly-Charlestown
            (4)  East Beach (Ninigret Conservation Area to breachway) Charlestown
            (5)  Moonstone Beach, S. Kingstown
            (6)  Browning Beach, S. Kingstown
            (7)  Watchhouse Pond Beach, Little Compton
            (8)  Long Pond Beach, Little Compton
            (9)  Round Pond Beach, Little Compton
           (10)  Briggs Beach, Little Compton
           (11)  Ship Pond Cove, Little Compton
           (12)  Round Meadow Pond Beach, Little Compton
           (13)  Quicksand Beach, Little Compton
           (14)  Sandy Point, New Shoreham
           (15)  West Beach, New Shoreham

        Construction within these undeveloped flood hazard-areas shall require a
        Council permit and shall be reviewed as set forth under Section 140.
        See also Section 120.

     For the purposes of these policies construction is defined as including
     new construction; restoration of structures reduced to 50% or less of
     market value by fire,-flood or other such catastrophe; and substantial
     improvements such as additions or other structural modificatons to existing
     structures.

                                           52

                                      140   COASTAL EROSION

    140.0-1 FINDINGS:

    A.   In 1972, as a result of a brief study of 340 miles of Rhode Island's
         419 mile shoreline the U.S. Army Corps of Engineers found that 335
         miles are eroding.

              -  Along 25 miles of the surveyed shoreline, erosion was
                 judged by the Corps as critical, and structural measures
                 of control may be justified. These areas include por-
                 tions of the south shore barrier beaches, areas of Block
                 Island and parts of the Newport Cliff Walk (Figure 1-3).

              -  The major erosional problems are found along the exposed
                 south shore barrier beaches. According to the Corps, some
                 200 feet of shoreline eroded between 1909 and 1946, a rate
                 of approximately 5 feet per year. Semi-monthly surveys
                 conducted since 1961 by researchers at the University of
                 Rhode Island confirm that the recession is continuing.

              -  The remaining 310 miles of eroding shoreline was considered
                 by the Corps to be non-critical. In these areas land-use
                 controls that prevent building close to the shore are con-
                 sidered the best solution.

    B.   A variety of factors influence erosion rates including the composi-
         tion of the shoreline, the volumes of sediment (mud, sand, gravel)
         present, wind and wave conditions, vegetative cover and human activities
         which weaken the shoreline's capacity to withstand erosional forces.

    C.   The barrier beaches along the south shore are highly flexible.  It
         is their flexibility which permits them to withstand marine erosional
         forces.

                 In Rhode Island, sea level is rising at a rate of about one
                 foot each century; this is a major reason for the recession
                 of the barrier beaches. If they are not to be drowned, the
                 barrier beaches must gradually move landward, a process that
                 has been continuing for many thousands of years. The migra-
                 tion process takes the form of "rolling over" whereby sand
                 is gradually eroded from the ocean beach and washed over the
                 barrier into the pond behind. The peat sometimes seen along
                 the present ocean shore of barrier beaches is dramatic evi-
                 dence of the past existence of a marsh that once flourished
                 behind an older, more seaward barrier.

                                         53                              Figure 1-3

                                                     N

                                  2~~~~~~~~CIIA ERSO
                                                                             AREAS

                                 -~4                                      As defined by U.S.
                                                                     Army Corps of

                                                                      Engineers

                                                                         Suc:U.S. ARMY CORPS OF
                                                                            ENGINEERS.
                                                                            NATIONAL SMORIE
                                                                            LINE STUDY.

                                                BAY 'AREA               BLOCK  ISLAND

           COMM

                                                            SOUTH SHOPE

    Maps of t~hese features (scae of. -:12090) ore~ available at the  CounC~l 5  offices

                 The erosion rates of specific portions of barrier beaches
                  is influenced by patterns of wave refraction. Nearshore
                  topography determines the direction and frequency with which
                 waves hit the shore; areas where wave action is concentrated
                 are likely to erode more rapidly. Wave characteristics also
                  influence long shore drift, the gradual flow of sediment
                 along a shoreline.

              - Man-made structures built perpendicular to the shore inter-
                 rupt long shore drift and cause a build-up of sediment
                 on the updrift side and erosion on the downdrift side.

              - Erosion patterns also have seasonal and short term character-
                 istics.  Sandy beaches erode during rough weather when waves
                 wash sand from the beach to form shallow water sand bars. A
                 "winter beach" profile is therefore narrow and steep.  During
                 calm weather the sand washes back onto the beach creating a
                 broad, flat "summer beach" profile. Over a period of years
                 some beaches may erode, or build out, faster than others.
                 Along all the Rhode Island south shore, however, the long
                 term net movement is shoreward.

    D.   Other shoreline features have their own erosional characteristics.

              - Sheltered "pocket beaches" in the Bay and small estuaries
                 are not exposed to intense wave action. Although erosion
                 in these areas is usually not severe, waves may become
                 focused on small sections of a beach and cause significant,
                 though highly localized, erosion.

              - Bluffs are composed of highly erodable glacial till. The
                 constant wearing away of these features often provides the
                 sand necessary for the maintenance of nearby beaches. The
                 erosion of bluffs may be hastened by increasing the flow of
                 runoff water down the cliff face and by the removal of
                 vegetation.

              - Approximately 20 percent of Rhode Island's shoreline is
                 rocky. Steep, rocky slopes are generally less prone to
                 erosion than bluffs, though, the concentrated force of wave
                 energy at the base of cliffs eventually leads to undercut-
                 tings and the collapse of the upper cliff face. Erosion
                 is more rapid where a combination of rock types leads to
                 differential weathering.

    E.   Land use controls are the most effective long term answer to shore-
         line erosion problems.

    F.   Non-structural methods of erosion control are less expensive than
         structural methods and in the long run they are frequently more effective.

                Sand may  in some cases be pumped or trucked to eroding beaches
                at a relatively low cost.

                                          55

              -  On barrier beaches the process of the landward migration
                of the barrier may be slowed down if the dunes are protec-
                 ted.  Dunes may be built up by trapping sand withbrush,
                 snow fences and other semi-permeable materials, and then
                 stabilized with vegetation.  Beach grass is the most
                 effective means of both trapping and stabilizing sand.

              - Along sheltered shores salt marshes trap sediment and pro-
                 vide some protection against wave erosion.  Salt marshes
                may be created with dredge spoils and transplanted marsh
                 vegetation.

    G.   Where shoreline erosion is obvious and valuable property is threat-
         ened, people invariably consider structural solutions. It has been well
         documented, however, that small scale shoreline protection efforts fre-
         quently increase the rate of erosion on nearby properties and only delay
         the eventual erosion of the protected property.

              -  The riprapping of bluffs can cut off the source of sediment
                 needed to maintain "down drift" beaches.

                 Jetties and groins may cause severe erosion of shore-
                 line on the down drift side.

                 Where structural methods of erosion control are proposed, it is
                 essential that impacts on adjacent shores be evaluated.  Frequently,
                 the entire feature will have to be protected if the project
                 is to be effective and negative impacts mitigated.

    H.   Structural methods of erosion control fall into three principal
         categories.

                Breakwaters are structures, usually of stone, that are
                 built in the sea parallel to the shore. They break the
                 force of waves and provide quiet water. Breakwater -
                 construction is very expensive; hence they are seldom
                 built merely for erosion control but rather to provide pro-
                 tection for harbors.

                 Revetments, seawalls and bulkheads are built on the shore
                 itself.  Revetments blanket a feature, maintaining its natural
                 shape, whereas seawalls-and bulkheads are essentially
                 vertical structures. These structures may protect cliffs
                 and bluffs, but may accelerate erosion of adjacent beaches.
                 Seawalls may accelerate erosion of a fronting beach by
                 intensifying the downward force of water as it strikes
                 the wall.  The cost of adequately designed revetments
                 and simple bulkheads ranges from $75 to $150 per shore-
                 line foot.  Seawalls, are more expensive, averaging
                 between $200 and $500 per foot for a modest sturcture.
                 Such structures may be economically justifiable for valu-
                 able cliff  or bluff  areas such as the Cliff Walk in
                 Newport.

                                           56

                 Groins and jetties are constructed perpendicular to the
                 shore, across a beach and into the water.  Jetties are
                 larger than groins and are generally built to protect
                 inlets for navigational purposes. Both structures impound
                 sand on the up drift side. Where there is sufficient sand
                 flowing along a shoreline, groins can be built to trap
                 sand and create beaches. Groins cost between $100 and
                 $350 per foot of shore protected. Jetties are more costly.

    I.   Structural measures of erosion control are extremely expensive and
         federal funds are available only for the protection of public lands.

              -  The federal government can provide 100 percent funding
                 for erosion control projects on federal properties.  They
                 can provide 70 percent funding of projects in public rec-
                 reation areas and 50 percent funding in other publicly
                 owned lands.

              -  Structural protection of private properties are eligible
                 for federal funds only if the erosion was caused by a
                 federally sponsored activity. The Corps will, however,
                 provide free technical assistance.

    140.0-2 POLICIES AND REGULATIONS:

    A.   The Council shall favor non-structural over structural measures
         to control or check erosion. The Council shall require that all
         applications for erosion control projects shall demonstrate that
         non-sturctural means have been fully evaluated as a solution to the
         problem.

    B.   Where non-structural methods of erosion control are considered unsuitable
         by the Council, the-applicant shall be required to demonstrate by a fair
         preponderance of evidence that the proposed alteration:

              1.   has a reasonable probability of controlling erosion
                  on the immediate site,
              2.   that it will not significantly increase erosion to
                   nearby areas by interrupting or cutting off supplies
                   of sand to adjacent beaches, and
              3.   will not have a significant adverse impact on the
                   environmental quality of the areas.

    C.   Erosion-prone areas of particular concern to the Council

              1..  Definition:  Erosion-prone areas of particular concern to
                   the Council aFre characterized by any of the'following:

                  a.   They are flood hazard areas of particular concern to
                        the Council and are found to be in a substantially
                       altered or developed condition.
                                                                                        0

                                          57

                  Descriptive characteristics:

                  - They are subject to high velocity wave action caused by
                     coastal storms and hurricanes.

                  -  Theylare prone to storm-induced erosion which increases
                      the flood damage to adjacent areas by destroying the
                     strom buffer.

                  - They' lack safe egress; access roads are prone to flood-
                      ing and washouts.

             b.   They are considered to be areas of critical erosion by the U.S.
                  Army Corps of Engineers.

        2.   Identification

             a.   Beaches

                  Atlantic Beach, Westerly
                  Central Beach, Charlestown
                  East Beach, (west of Ninigret Conservation
                       Area), Charlestown
                  Charlestown Beach, Charlestown
                  Green Hill Beach, S. Kingstown
                  East Matunuck-Jerusalem Beach, S. Kingstown-
                       Narragansett
                  Sand Hill Cove Beach, Narragansett
                  Narragansett Beach, Narragansett
                  Bonnet Shores Beach, Narragansett
                  Mackerel Cove Beach, Jamestown
                  Hazard's Beach, Newport
                  Bailey's Beach, Newport
                  First (Easton's ) Beach, Newport
                  Second (Sachuest) Beach, Middletown
                  Third Beach, Middletown
                  Tunipus (South Shore)
                  Crescent Beach, New Shoreham
                   Coast Guard Beach, New Shoreham

             b.   Cliffs and Bluffs

                   Cliff Walk, Newport
                  Mohegan Bluff, Block Island

    3.  A Council permit shall be required for any proposal to construct any
        form of shore-protection in the above areas.  Applicants for such a
         permit shall be required to demonstrate by a fair preponderance of
        evidence that:

             a.   The proposed form of shore protection will not cause significant
                   damage to adjacent areas.

                                          58

                 b.   In beach areas non-structural methods of shore protection
                       (vegetation, fencing, sand bags, etc.) shall be used.

             In the event the applicant demonstrates by probative evidence lack
            of available sediment for such non-structural methods the Council
            may consider structural methods of shore protection subject to
             B, above.

    D.       Erosion-prone areas of environmental concern  to the Council.

        i.   Definition:  All essentially undeveloped flood hazard areas identified
             under B; p. 51.

        2.   Identification of Erosion Prone Areas of Environmental Concern

                  Napatree Beach, Westerly
                  Maschaug Beach, Westerly
                  Quonochontaug Beach, Westerly-Charlestown
                  East Beach (Ninigret Conservation Area to
                       breachway), Charlestown
                  Moonstone Beach, S. Kingstown
                  Browning Beach, S. Kingstown
                  Watchhouse Pond Beach, Little Compton
                  Long Pond Beach, Little Compton
                  Round Pond Beach, Little Compton
                   Briggs Beach, Little Compton
                  Ship Pond Cove, Little Compton
                   Round Meadow Pond Beach, Little Compton
                   Quicksand Beach, Little Compton
                   Sandy Point, New Shoreham
                   West Beach, New Shoreham

    E.            No  structural form of shore protection will be permitted in
                  the above areas.

    F.            Applicants for a Council permit for any proposed non-structural
                  form of shore protection in the above areas shall be required
                  to demonstrate by a fair preponderance of evidence that the
                  proposal will not cause damage to adjacent areas or significantly
                  damage the coastal environment.

    Chapter 2

    Exploitable

    Natural Resources

                         . .
              f~~~~~~~  1 'D
     0  0              .E ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~t:

                           200 EXPLOITABLE NATURAL RESOURCES

    200.0-1 GENERAL FINDINGS:

    A.   Although Rhode Island is smaller than the average United States county
         it is endowed with a wealth and variety of exploitable natural resources.
         These resources must be carefully managed for the benefit of future as
         well as present Rhode Islanders.

              - The state's marine and estuarine waters and those of the outlying
                 continental shelf are rich in fish and shellfish that support
                 growing sport and commercial fisheries.

              - The state has abundant fresh water supplies. Many of our known
                 ground water reserves, fresh water ponds, rivers and streams are
                 located in the coastal cities and towns.

                 Aquaculture is of  potential importance in Rhode
                 Island.  Some of the best remaining farm lands are being
                 developed for residential and industrial uses. The state's
                 woodlands, though much more abundant, are under similar
                 pressures. Agricultural lands and forestry resources may
                 become more economically important as the national energy
                 situation changes.

                 Sand and gravel deposits overlie much of Rhode Island and
                 are of crucial importance to the construction industries.
                 Land use conflicts are restricting the exploitation of these
                 resources and this is likely to bring pressures to exploit
                 marine deposits.

              -  Wildlife and freshwater fish are relatively abundant; they
                 are a significant and a generally well managed resource.

              -  Native energy resources include coal, solar energy, and
                 hydropower.  None of these are a significant source of
                 power at present but their potential for future importance
                 is great.

                                 210 MARINE FISH AND FISHERIES

    210.0-1  FINDINGS:

    &A.   Fishery resources support an industry with highly favorable economic
         characteristics and are a major source of recreation.  Fishery resources are
          likely to play an increasingly important role in the lives of Rhode Islanders.

                 The recently enacted 200 mile fishing limit holds the
                 promise for effective management of New England's fishery
                 resources.  Commercial fisheries may grow dramatically if
                 overfished stocks recover and if domestic fishermen claim

                                          6o

                an increasingly large share of the total annual harvest.
                Sport fisheries also stand to benefit since stocks of many
                species important to recreational fishermen have been redu-
                ced by heavy fishing offshore.

                Growth of Rhode Island fishing industries should be fostered
                 since they are based on a renewable native resource, are
                 labor intensive and are not heavy users of energy.

    B.   Fishery resources have been severely depleted and damaged by heavy fishing
        and environmental degradation. There is some evidence that this long
         established trend is changing.

               -The first European settlers found large intertidal popu-
                 lations of lobsters, clams and oysters. Smelt, alewives
                 and some salmon were seasonally abundant in many streams
                 and rivers. Marine fish such as flounder, cod and scup
                 appeared inexhaustible.

               -A series of advances in fishing technology and alterations
                 to the coastal environment drastically reduced the abun-
                 dance of most major fin and shellfish populations.
                           Early hook and seine fisheries were preempted
                                by floating fish traps in the mid nine-
                                teenth century.
                           Use of more efficient gear, the beam and otter
                                trawl, coincided with another reduction in
                                the overall abundance of fish and replaced
                                the floating trap fishery in the early
                                twentieth century.
                           In recent years New England trawlers have suffered
                                heavy competition from large offshore foreign
                                fleets and fish stocks have again been dras-
                                tically reduced.

               -The damming and pollution of streams brought the demise of
                 most Rhode Island anadromous fish populations.

               -The pollution of estuarine waters and heavy fishing have
                 reduced many shellfish populations and made others unfit
                 for human consumption.
                           The once important oyster fishery went into a
                                final decline in 1937 and large quahaug
                                populations in the upper bay are now of
                                limits to fishermen due to pollution.

               -There are recent indications that at least some of the
                 causes for declining fishery resources are being corrected.
                 Sport fish have recently been taken in the upper Providence
                 River. Bluecrabs and bay scallops that all but disappeared
                 from Rhode Island estuaries in the 1960's appear to be making

                                           61

                a comeback and a vigorous effort to re-establish anadromous
                 fish populations has had several notable'successes.

    C.   Rhode Island commercial fisheries are flourishing and provide a solid base
         upon which future expansion of the industry may be built. Our commercial
         fisheries are highly diversified and Rhode Island fishermen recently have
         pioneered many innovative fisheries.

              -  Rhode Lsland's commercial fisheries are unique in the
                 region since they have thrived at a time when other major
                 commercial fisheries have seen drastic declines. Between
                 1950 and 1975 Rhode Island landings increased by 110 per-
                 cent in tonnage and by 238 percent in value compared to
                 the regional decrease in tonnage of 55 percent and an
                 increase in value of only 74 percent.

              -  Rhode Island's success may be attributed to the diversi-
                 fication in fisheries at Point Judith and the re-emergence
                 of Newport in the late 1960's as a major commercial port
                 (see Section  520.2-1).

              -  Trawlers dominate Rhode Island fisheries but pot fisheries
                 and shellfisheries are also very important.

              -  Foodfish are the most important species group landed in both
                 tonnage and value. Increasing prices have permitted a rapid
                 increase in the total value of foodfish and crustaceans despite
                 only moderate increases or a decrease in landings by tonnage.

              - In 1975 some 17 percent of the Point Judith and Newport
                 landings by value were taken nearshore in the National
                 Marine Fisheries Service (NMFS) statistical area 539 (Figure 2-1).
                 The source of all fin and shellfish landed in Rhode Island
                 in 1975 is shown in Table2-1. The Point Judith fleet is
                 more dependent on nearshore grounds than vessels landing
                 in Newport. In 1975, for example, only 8 percent of.the
                 Point Judith landings came from the Georges Bank vicinity
                 compared to 70 percent of the landings at Newport.

    D.   Commercial fisheries generate much greater economic benefits for the state
         than the "average" industry.

              -  In 1975 the 79.3 million pounds of fish and shellfish
                 landed in Rhode Island had a dockside value of 18.8
                million.

              -  If the economic impact of these landings is traced through
                 handling, packing and processing, and the economic activity
                 set off by support to the fishing catching process is in-
                 cluded, it has been calculated that each $100 in fish
                 landings stimulates $424 in economic activity in the state.
                 The 1975 landings therefore, generated S79.7 million for
                 the state's economy.

                                     62
                                                             Figure  2-1

    NMFS statistical areas 511 - 616 and ICNAF* Areas 5 and 6

                                             ".- ---1 512
                                              6]A r ".' '

                                          513
                                      -Vts     5Y
                                    C:  ON AtV
                                                515
                                     (514'

                                          _52
                                     L8   "5'- |   7522    524

                                  537     526     52

                  A 612A          -- 5ZW6   _'-   543

                   615 f616  533 534  541          542

     Note:   (CNAF areas ale  those Jlrape ar-asn olulll.-J  will i -l,.,vy litw:;.

                         SOURCE: OLSEN, AND STEVENSON) 1075.

       * International Commission for Northwest Atlantic Fisheries

                             63

     Table2-1 1975 Commercial Landings at Point Judith
           and Newport by NMFS Statistical Area

    NMFS Area           thousands of       thousands of
                         pounds              dollars

       350                   94                 106
       443                  141                 166
       453                   77                  80
       454                   25                  29
       463                   29                  10
       464                   70                  61
       465                   20                   4
       514                  131                   8
       521                  248                  78
       522                  549                 196
       523                  598                 312
       524                4,790               2,042
       525                3,238               1,319
       526                3,746               2,716
       537               20,604               5,009
       538                1.487                 303
       539               28,946               1,540
       611                2,064                 205
       612                   43                  23
       613                4,023                 524
       616                  637                 290
       622                    1                   1
       632                    3 ---

      TOTAL              71,514              15,002

    Source: National Marine Fisheries Service, in
              Olsen and Stevenson, 1975.

                                          64

             - A detailed breakdown of the multiplier effects of
                segments of the fishing industry is shown in Table 2-2.

                The Rhode Island fish processing industry is presently
                small and is composed of 14 plants which provide an annual
                average employment of some 250 people.

                The data in Table 2-2- makes  it clear  that  the state  should
                foster landings by Rhode Island vessels and should encourage
                 in-state packing and processing.

    E.   Although there are many uncertainties in the outcome of management efforts
        under the 200 mile fishing limit the potential for a major expansion in
         Rhode Island commercial fisheries is very great.

              - The Rhode Island industry is healthy and has demonstrated
                 that it is highly adaptable to gear innovations and is not
                 tradition-bound.

              - Commercial fisheries are attracting young men and the
                 University of Rhode Island has proved to be effective in
                 assisting the industry in developing new technologies.

              - Recent dredging in the port of Point Judith will permit
                 expansion of that fleet.

              - Excessed Navy lands offer exciting possibilities for the
                 development of new fleets and fishing port facilities.

              - Recent studies investigating the potential expansion of
                 New England fisheries under the 200 mile limit indicate
                 that the potential for growth in both new and traditional
                 fisheries are great (see Section  520.2-1).
                               0
    F.   Marine sport fishing activity is at an all-time high and is likely to
         increase. There are, however, many problems related to heavy fishing and
         conflicts with other user groups.

              -  A 1973-74 survey accounted for some 285,000 Rhode Island
                 sportfishermen. Statistics for landings by Rhode Island
                 sportfishermen are not available but sportfishermen in the
                 northeast region as a whole are estimated to have taken
                 36 percent of the combined 1970 commercial and sport catch.

              - Sportfishing is most active in the summer when bluefish and
                 striped bass are abundant.
                           Other important sport species taken from the shore
                                or along the coast include winter flounder
                                and tautog. Several "head boats" operate from
                                Galilee taking parties of sportfishermen to
                                Cox Ledge where cod fishing is popular. Tuna
                                and swordfish also support important deep water
                                sport fisheries.

              - .Recreational shellfishing is very popular and results in rapid
                 seasonal depletion of populations of soft shelled clams and
                 shallow sets of quahaugs.

                                        65

                                     Table 2-2

              TOTAL OUTPUT, AGGREGATE MULTIPLIERS AND HOUSEHOLD
                     INCOME MULTIPLIERS-RHODE ISLAND, 1975

                                                                      Household
                                            Aggregate                    Income
                                            Multiplier                Multiplier
                         Total              (per $100                  (per $100
                        Output              of output)                 of output)

    Finfishing         $6,779,000               $253                      $ 74
    Lobstering          4,195,000                254                        77
    Mollusk catching   2,351,000                  276                      100
    Non-R.I. vessels   5,472,000                  109                        3

                     $18,797,000

    Handling packing
    and processing    31,264,000                  268                       52

    R.I. "average"        not
    industry          available                  163                        33

    Source: Callaghan and Commerford, 1977.

                                          66

                           Enforcement of daily catch limits are made difficult
                               by the lack of methods to readily differentiate
                               among instate and out-of-state recreational
                               fishermen and commercial fishermen. Goods set
                              of softshelled clams are frequently exploited
                               before the clams have grown to a suitable size.

                 Sport fisheries for both shell and finfish are in some areas
                 comprised by losses in the aesthetic qualities of the areas,
                 inadequate access and crowding.

    G.   Marine sportfisheries make a substantial contribution to the state economy
         and have important social benefits.

                 In 1974 an estimated 115,210 Rhode Island households contained
                 at least one marine sport fisherman. They spent an estimated
                 $7.2 million on food, lodging, transportation, licences, bait,
                 tackle and boat rental fees.

    H.   The management of salt water fisheries within state waters is the
         responsibility of the Marine Fisheries Council and the Department
        of Environmental Management.

              -  The Marine Fisheries Council was created in 1976 upon
                 recommendation of the Fisheries Task Force which was
                 sponsored by Governor Noel and the Coastal Resources Manage-
                 ment Council. The Fisheries Council may promulgate regula-
                 tions governing fishing gear, seasons, size and catch limits,
                 and the closure of fishing grounds.

              - The Department of Environmental Management is responsible for
                 enforcing all fisheries management regulations and monitoring
                 the condition of fishery resources. The Department also
                 conducts research and engages in stocking and transplant
                 programs.

              -  The management of fisheries on a regional level is entrusted
                 to the Regional Fisheries Council established in 1976 by the
                 passage of the 200 mile fishing limit.

    I.  The Coastal Resources Management Council is concerned that the state's fisheries
         be managed in the most effective possible manner. The Council has been very
        active in planning for the future of the state's fisheries and in attempting to
         resolve use conflicts. The following issues are of particular concern:

              - The pollution of upper Narragansett Bay has closed some of
                 the state's most productive grounds for bay quahaugs.Highly
                 valuable grounds in a conditional area north of Patience
                 Island may be permanently closed if better data on pollutants
                 are negative and more stringent water classification criteria
                 are adopted by the Department of Health.

              - As the level of activities increases in state and in nearshore
                 waters important fishing grounds and habitats may be threatened
                 by a diversity of activities and environmental alterations
                 including increased boat and ship traffic, dredging and dredged
                 materials disposal, the placement of cables and pipelines, the destruc-

                         tion of valuable habitats (particularly breeding areas) and
                         access to shoreline fisheries.

                         Recreational shellfishing is highly popular and enforcement
                         officers from the Department of Environmental Management cannot
                         always effectively enforce existing laws on catch limits. The
                         intensity of shellfishing is such that many beds are heavily
                         exploited before the shellfish have grown to an optimal
                         size.

           J.    In recognizing the unique value of commercial fisheries the Council
                 has sponsored research and taken a leading role in assisting the
                 industry in a variety of ways:
                      - In 1976,
                         the Council co-sponsored, with former Governor Philip Noel, the Fisheries
                         Task Force, and endorsed its findings and recommendations.
                         Two results of the Task Force's work are the creation of
                         the Marine Fisheries Council and the exemption of commercial
                         fishing vessels and gear from state sales and use taxes.

                      - The Council sponsored a study that documents the secondary
                         economic benefits that accrue to the state from commercial
                         fisheries.

                         The Council was instrumental in having the port of Point
                         Judith dredged and has worked with Newport fishermen to
                         find a solution to the crowding problem in that port.
                      -  The Council sponsored a management study of the Port of Galilee
                         prepared by Gladstone Associates.
          210.0-2  POLICIES AND REGULATIONS:
            A.   The Council designates commercial and sport fisheries as a high
                 priority use of all waters classified by the Department of Health
                 as SA.

            B.   1. The Council shall work to preserve and where possible restore the
                 marine fishery resources of this state by preserving important habitats
                 (particularly breeding areas) and fishing grounds. The Council re-
                 cognizes that some coastal areas are known to be particularly valuable
                 for fishery resources and has therefore adopted policies to protect
                 them from degradation; these areas include salt marshes and coastal
                 ponds.

                 2.  In implementing its permitting authorities regarding develop-
                 ments and operations within, above, or beneath the state's tidal
                 waters including but not limited to dredging, dumping, ocean
                 mining and cable and pipeline installation the Council shall be
                 particularly 'concerned with adverse impacts on the productivity
                 or commercial value of designated prime fishing grounds.

                     Where a reasonable probability exists that such impacts will
                 result the Council shall require that the applicant:

    0

                                        68

             a. Describe the fishing grounds, habitat, species or fishing
                 activity likely to be affected.
             b. Describe proposed efforts to mitigate adverse impacts on
                 any and all of the above; or.
             c. Demonstrate by a fair preponderance of evidence that no
                 such impacts will result.

             Where the Council finds a reasonable probability that the productive
         or commercial value of a designated commercial fishing ground will be
         threatened, it shall require appropriate modification to or shall
         deny the application in question.

          3. The Council shall routinely notify and solicit the opinion
         of fishing interests regarding any application demonstrating a
          reasonable probability of affecting known fishing grounds.

    C.    The Council will continue in its effort to promote the best fishery
          management by sponsoring and participating in the Fisheries Task
          Force and by cooperating with all relevant Marine Fisheries Council
         and Department of Environmental Management programs and actions.
         The Council recognizes the Rhode Island Marine Fisheries Council's
          authority to promulgate regulations governing fishing gear, seasons,
          size and catch limits, and the closure of fishing grounds. The
          Coastal Resources Management Council's authorities relate to  broader
          concerns including the preservation and restoration of fishery resources
          and fishing grounds.  However, all actions by the Fisheries Council
          shall be consistent with the policies and regulations of the
          Coastal Management Council. The Council shall cooperate with neighboring
          states to protect and enhance fishery resources and improve fisheries.
    D.    See also Section 520.2-1
                                      220 AQUIACULTURE
    220.0-1 FINDINGS:

    A.    The cultivated oyster industry was once one of the state's most
          important marine businesses. Recent attempts at aquaculture, using
          various techniques have been primarily on a small scale and of an
          experimental nature.

              -  The Rhode Island cultivated oyster industry peaked in 1910
                 when 15.3 million pounds of oysters were harvested primarily
                 from some 21,000 acres of leased bottom in Narragansett
                 Bay. The industry declined rapidly for a variety of reasons
                 including a lack of seed oysters, labor problems, poaching
                 and water pollution.

              -  Recent and on-going aquaculture efforts have met with
                 varying success. Culture techniques include the culture of
                 oysters in coastal ponds and embayments and raising salmonids
                 in tanks on shore.

    B.    There are proven aquacultural techniques but the technology is for
          the most part in its infancy. It is unclear which of a variety of
          techniques might be best suited for Rhode Island.

                                           69

                Few attempts have as yet been made to culture shellfish on
                or near the bottom in deep water where use-conflicts are
                minimal.

                 It is possible to raise fish in tanks on-shore and salmonid
                culture has been proved economically feasible. However, major
                problems stand in the way of commercial enterprise; major
                obstacles include difficulties in obtaining water discharge
                permits and disease control among the cultured organisms.

    C.     Rhode Island  offers a great many sites that appear suitable for
          aquaculture. However, because the state is small and heavily
          populated, use conflicts are .key problems for prospective aquaculturists.
          Potential conflicts involve a host of legal issues.
              - Many of the most suitable sites for on-shore aquaculture
                or for the support of subtidal operations are prohibitively
                expensive, are zoned for residential use and abut high-quality
                waters which have stringent requirements for discharges.

                Many shallow protected waters in coastal ponds, river
                 estuaries and coves in the Bay are heavily utilized by
                 recreational boaters, and some are highly valued as shellfishing
                 areas.  There are therefore few shallow protected areas
                 where use conflicts should not be a major concern for an
                 aquaculturist.

              -  Legal and institutional issues are a major deterrent to
                 potential aquaculturists.  These issues include:

                           Interference with traditional fishing rights
                           Interference with riparian rights
                           The costs of leasing an area and guarantees for
                                 the renewal of the lease
                           Problems involved in protecting organisms and
                                 gear from poaching and other damages if the
                                 organisms are cultured in the natural
                                 environment
                           The difficulty in obtaining financing and insurance
                                 for an aquaculture venture

    D. With all of its potential problems, the concept of aquaculture as a
        viable manner to supplement increasing demands for marine fish and
        shellfish food products must be recognized.

                 Federal interest in aquaculture has increased and could
                 lead to grants to state, local and private agencies for
                 undertaking site suitability studies and experimental
                 aquaculture programs.

                 Rhode Island's coastal waters, due to our abundant native
                 shellfish stocks, appear to possess many of the biological
                 and physical parameters necessary for successful  aquaculture
                 ventures.

              -  Present use conflicts may decline somewhat if food supply,
                 energy and transportation costs continue to climb.

               -The establishment of depuration and thermal processing
                techniques may reduce restraints on the utilization forS
                aquaculture of waters classified below SA standards.

    220.0-2 POLICIES AND REGULATIONS:

    A.   I.  Proposed aquaculture activities in Rhode Island's coastal region
        and/or in any waters subjected to the Council's jurisdiction shall
         require a Council permit.

        2. Applicants for such a permit shall demonstrate by a fair pre-
        ponderance of evidence that the proposed action will not:
             a. Conflict with any Council management plan or program.
             b. Make any area unsuitable for any uses or activities
                 to which it is allocated by a Council management plan
                 or program; or
             c. Significantly damage the environment of the coastal region.

          3.Applications shall:
             a. Describe the location and size of the area proposed.
             b. Identify the species to be managed or cultivated within the
                 permitted area and over which the applicant shall have
                 exclusive right.
             C. Describe the method or manner of management or cultivation
                 to be utilized.
             d. Provide such other information as may be necessary to
                 determineS
                    - The compatibility of the proposal with other existing
                       and potential uses of the affected area and areas
                       contiguous to it.
                    - The degree of exclusivity required for aquacultural
                       uses of the proposed site.

        4. The Council shall consult with the Department of Environmental
        Management and the Marine Fisheries Council to ensure that the proposed
        project is not in conflict with any fisheries management plan,
        program or regulation.

        5. It shall be further demonstrated by reliable and probative evidence
        that the coastal resources are capable of supporting the proposed
        activity including the impacts and/or effects upon:
             a. The riparian rights of adjacent land owners
             b. Navigation
             c. Water quality
             d. Marine and coastal recreation
             e. Native coastal and marine life forms

        6. A Council permit for a proposed aquacultural activity will be
        in the form of a lease. Such lease shall contain such conditions
        as the Council shall deem necessary.

    B.  Anyperson who maliciously and willfully destroys, vandalizes or
        otherwise disrupts aquacultural activities which are the subject
        of a valid Council permit shall be deemed in violation of an order
        of the Council and liable to all fines and penalties under law.

    C.   The Council shall continue to support study and evaluation to identify
         potential aquaculture sites, use conflicts, and the types of aquaculture
         programs which are most economically and environmentally consistent
        with overall Council policy.

                           230   MINERALS EXTRACTION

    230.0-1  FINDINGS:

    A.  Commercial minerals extraction in Rhode Island is at present limited
        to land based sand and gravel mining and a few small bedrock quarries.
        Hard stone quarrying has been an important industry in Rhode Island.
        At present, however, only a few small operations are active and
        there is no quarrying along the immediate shoreline.

    B.  Rhode Island's abundant onshore sand and gravel resource is extensively
        exploited and is of critical importance to the construction industry.

           -  Although land deposits of sand and gravel are abundant, use
              conflicts will increasingly limit the areas in which extraction
             may take place.  It is therefore likely that within the next
              10 to 20 years marine deposits will be proposed as a major
              commercial source of sand and gravel.

              Sand and gravel deposits are abundant on the sea floor in
              Narragansett Bay and the Sounds.

    C.  Minerals extraction may have major and long lasting environmental
        impacts.

                On land quarrying of hand stone and sand and gravel drastically
                changes the appearance of the land.  Topsoil and vegetation are
                destroyed and ground water may be affected.  Noise, dust and
                traffic are secondary impacts that are of great concern to
                neighboring land owners.

                Quarrying along the shore can have dramatic impacts on the sup-
                plies of sand and gravel needed to maintain nearby beaches, on
                the vulnerability of the area to storm damage and on the aesthetic
                qualities of the area.  Along Rhode Island's intensively utilized
                shoreline there is no area where shoreline mining will not re-
                sult in a host of use conflicts.

                Ocean sands and gravels are a valuable natural resource in
                that they form the reservoirs of material from which natural
                processes replenish the state's irreplaceable sand beaches
                which have the highest recreational, aesthetic, and environ-
                mental value.  In both near and offshore waters they support
                commercially and recreationally valuable populations of shell-

                                            72

                 fish and finfish.  In many areas they are crossed by trans-
                 mission cables and pipelines. The waters over them are used
                 extensively by commercial and recreational craft. Mining of
                 ocean sands and gravel may have any of the following effects
                 on the marine environment:
                         Disruption of natural beach replenishment cycles;
                         Destruction of bottom organisms and disruption of
                             bottom communities;
                      � Adverse impacts on finfish;
                         Interference with navigation and recreation.

    D.  Neither field nor laboratory research has as yet conclusively
         established the potential for marine aggregate mining to either
         harm or benefit the marine environment. Research sponsored by the Council suggests
        however, that some species of fish avoid turbid waters such as those produced
        during marine sand and gravel extraction,
              - The beneficial or adverse effects of marine aggregate mining
                 upon other established uses of public waters is unknown.
              - Additional research on potential environmental -impacts is necessary
                 before marine sand and gravelmining.can be properly and
                 effectively managed.
    E.  Under Title 46, Chapter 23 of the General Laws the Council is charged
         to approve, modify, set conditions for, or reject the design, location
         construction, alteration and operation of any minerals extraction activity
         in the State of Rhode Island when this activity is related to an area
         under the Council's jurisdiction regardless of its actual location. The
         Council's authority over such activities shall extend to situations in
         which there is a reasonable probability of conflict with a plan or program
         for resources management or of damage to the coastal environment.

    230.0-2 POLICIES AND REGULATIONS:

    A.   1.   After receiving all other applicable state and local permits, persons
         proposing to extract mineral resources for any purpose within the State
         of Rhode Island shall be required to notify the Council of their intent.

         2.   Notification shall be in writing and shall be submitted at least
         120 days prior to initiation of the proposed action. Notification shall
         describe in words and    maps the location, nature, size and duration
        of the action, proposed environmental safeguards and any other information
         the Council may subsequently request.

         3.   Where on the basis of information presented to it in the above
         notification or by any other source the Council finds a reasonable
         probability of impacts on adopted resource management plans or pro-
        grams and/or of damage to the coastal environment it shall require
        a Council permit to be obtained.

         4.   Applicants for such a permit shall be required to demonstrate by
         a fair preponderance of evidence that the design, location, construction,
         alteration and/or operation of the proposed action will not:
              a. Conflict with any Council management plan or program.
              b. Make any area unsuitable for any uses or activities to which it
                  is allocated by a Council management plan or program.
              c. Significantly damage the environment of the coastal region.

                                        73

        5.  It shall be further demonstrated by reliable and probative evidence
            that:
            a.  The coastal resources are capable of supporting the proposed
                activity including most particularly impacts associated with
                 transportation, noise, site  devegetation,  alteration  of ground
                water levels and runoff patterns, contamination of surface and
                groundwater, erosion, destruction of wildlife habitat and
                similar occurrences;
            b.  The proposed activity is compatible with existing or proposed
                use of the site or contiguous areas including most particularly
                 impacts associated with noise, dust, traffic, or aesthetic quality;
             c.  The proposed activity is compatible with applicable local,
                state and federal plans, regulations or ordinances and
                 standards including most particularly zoning ordinances,
                municipal plans, the State Guide Plan and water End air quality
                standards set by the Department of Health.

        6.  Subsequent to approving any minerals extraction proposal before
         it, the Council shall require the applicant:
             a.  to post a performance bond in a form and amount to be specified
                 in the assent;
             b.  to specify the duration, seasons, days and hours during which
                 the proposed activity will be in operation, and
             c.  to identify appropriate restoration and reuse proposals
                 for the area which will be initiated upon deactivization of the
                 minerals extraction activity.

    B.  The mining or quarrying of any material from cliffs, bluffs, wetlands
       or beaches abutting tidal waters is expressly prohibited.

    C.  1.  The mining and extraction of minerals, including but not limited to
        sand and gravel from the territorial waters of the state of Rhode Island
       whether by land-based or floating machinery, has been prohibited by the
        Council as of 1975 and shall be prohibited until such time as sufficient
        technical and research data is shown to this Council to prove-under what
        condition said extracting and mining may be carried-out without adversely
        altering the marine environment or conflicting with other use of tidal
        waters.  Council sponsored research is in progress.

        2.  This prohibition shall not be deemed to include dredging of tidal
        waters for navigational purposes, channel maintenance or beach replenishment.

                          240 NATIVE ENERGY RESOURCES

    240.0-1  FINDINGS:

    A.  A crucial factor in the future of the Northeast is the supply and cost
        of the energy needed to power industry, heat homes, and provide transportation.

              - The Northeast is presently heavily dependent upon imported oil.

              -  The costs of energy are relatively high in the region compared
                 to other parts of the country.  This climate is such that
                 energy consumption in industries is also somewhat higher than
                 in many other states. These factors tend to discourage some
                 energy.intensive industries from locating in the region.

                                          74

                (SeeSection 540.0-l)0ur dependence on foreign oil makes us
                particularly vulnerable to the uncertainties of world politics.

                Rhode Island at present makes no significant use of energy
                 resources from within the state's boundaries. Native energy
                 resources do exist, however, and may become of great signifi-
                 cance in the future.

    B.   Indications of the existence of deeply buried low sulphur coal have recently
        been found in the Narragansett Basin.

              -  Figure 2-2 summarizes the results of preliminary research in
                 Rhode Island. Some of the most promising sites are in
                 Newport and Bristol Counties.

              -  Preliminary data suggests that the 60 square mile area with
                 the highest potential might contain 90 million tons of mineable
                 coal of which some 15 million tons may lie within Rhode Island.

    C.   Solar energy is presently regarded as a potentially important source of
        energy that could provide a significant proportion of our energy needs.

                The total solar energy received by the-state each year is
                many times our total annual energy consumption. The problem
                 is that solar energy is diffused and must be concentrated
                 to be usable as an energy source.
                Studies suggest that the most practical uses of solar energy are
                presently home water heating (for domestic and commercial use) and
                space heating. These two energy uses presently account for some
                40 percent of Rhode Island's total annual energy consumption.

              - 'Current studies indicate that heatikng water with solar
                 power is presently competitive with electrical water
                 heating.

              -  The federal government has recently proposed a series of
                 incentives which would encourage the installation of solar
                 water heaters.

              -  Solar powered home heating by hot water or hot air has been proved
                 feasible but the technology is not as readily available as that
                 needed to provide hot water. The initial costs of installing
                 such a system are high.

    D.   Wind power may prove to be a significant supplemental source of power in
         the future but many problems remain to be solved before wind power will be
         feasible as a significant energy source.

                 No thorough analysis has been made of the possibility of utilizing
                 wind power throughout Rhode Island. Providence, however, is
                 one of the windiest cities in the U.S. with speeds averaging
                 10.7 mph over a year.

                                                                 Figure 2-2

                                                     4.         ~POTENTIAL COAL

                                                                 BEARING AREAS.
                                                                 SUITABLE FOR
                                      .~~~s. ~~FUTURE

                                 * ..  .                           ~~~EXPLORATI ON

                                  V~ ~ ~ ~~~~~~~~~~~~89n Maa                          I..

                         -....                   44~~~~~~~~~~                Zflt~~~Xerifn Report.
                         *  .       .                                        ~~~~~~~~~~~~~~~~1976.

                            ~~~~~~~~~~~~~~.:4 k.�*i

                                            BAY AREA              BLOCK  ISLAND

                                                         SOUTH SHORE
    Maps of these features~scale of 1: 12000) are available at -the CouncilI's  of fices

             - Large wind powered electricity generators could interfere with
                neighborhood television and radio reception, requiring special
                 filters on the receivers or at the generating station.

              -  Wind power is probably most feasible as a supplemental energy
                 source that could be used, for example, in conjunction with
                 solar collectors and conventional power sources.

    D'. ~Water powered Rhode Island industries in the last century, but this energy
         source is presently almost entirely unutilized.

              - There were 4.60 water wheels in operation in 1875 but only
                 4 in 1972.

              - Water was used to power textile mills, saw mills, and
                 grist mills. The Pawcatuck, Pawtuxet, Providence and Black-
                 stone rivers *were the sites for most water powered industries.

              - Although the amount of power that can be produced in Rhode
                 Island from water appears relatively small, water power
                 could again be utilized to power some manufacturing plants
                 and residential buildings.

              - The total capacity of hydroelectric facilities is 10,000 kilowatts,
                 enough to generate 1.5% of Rhode Island's electricity consumption.

    E.   Other native source's of energy include wood, solid waste and geothermal
         energy.

              - As the cost of electricity, oil and gas spiral upwards more
                 and more people are using wood stoves to help heat their
                 homes. Highly efficient stoves are readily available and
                 firewood isirelatively inexpensive.

                The Rhode Island Solid Waste Management Corporation is planning
                a 1200 ton per day Solid Waste Resource Recovery System for
                1981 that may also utilize waste water treatment plant sludge.
                The system will recover various materials and energy. It is
                anticipated that the system could produce sufficient electric
                p~ower for 25,000 average homes.
              - Geothermal energy may prove to be a power source for centralized
                 industries and institutions. The technology for using the resource
                 in Rhode Island is still in the experimental phase.
                The concept is to drill approximately six kilometers down
                 into the earth's crust and to circulate water to the bottom
                 of the hole where it will become heated. The heated water or
                 steam could be used for space heating or industrial process
                 steam. It is unlikely to be developed in the next 10-20 years.

    F.   Energy conservation is in itself a major untapped energy resource.

               -An alarming proportion of the energy consumed by Industrial,
                 commercial and residential users is wasted. A study by the
                 New England Regional Commission projected that in 1990, only
                 40 percent of the energy consumed in Rhode Island will be used
                 for the intended purpose. Sixty percent will be lost or made
                 unavailable due to inefficiency in residential, commercial,

                                            77

                 industrial, and transportation energy use. Losses due to the
                 conversion of fuel to electricity, and inefficiency in the trans-
                 portation sector were the two most important contributors to
                 energy loss.

                 Conservation of energy through more efficient space heating,
                 appliances and building insulation will become an increasingly
                 important element in the state's energy policy.

              - Conservation options and potential must be evaluated as care-
                 fully and extensively as development of any other native energy
                 resource.
              - The recently adopted State Energy Conservation Plan shall assist Rhode
                 Islanders in decreasing energy consumption through conservation practices.
    240.0-2  POLICIES AND REGULATIONS:
    A. The Council shall continue existing cooperative efforts with other
        state agencies and the Governor's Office in undertaking energy plan-
        ning and formulating state energy policies.

    B.   Council Poli!cies and Regulations regarding Ports, Commercial/Industrial
         and Energy Facility Siting recognize and accommodate state energy
         needs.

                             250    TERRESTRIAL SYSTEMS

    250.1 Agriculture

    250.1-1  FINDINGS:

    A.   New England agriculture has been declining for nearly a century.
         In Rhode Island land committed to agriculture has been reduced from,
         some one half million acres in 1880 to only 46,800 acres in 1976.

                 Many of the factors involved in this trend are beyond the
                 capabilities of state government to redress.  These include:
                           Competition from such other more productive
                               farming regions as Florida, California and
                               the Midwest;
                           Competition for labor from higher paying vocations
                                in commerce and industry;
                           Drastic increases in labor, equipment and general
                               production costs;
                            Increased productivity per acre for prime lands
                               which discourages the continued working of
                               marginal areas.

              - Some factors are, however, responsive to management efforts.
                 These include:
                           Tax policies which influence residential or conversion
                               of farm lands;
                           Planning policies and siting criteria for residential
                               and commercial-industrial development.

              - It is possible that demands for less energy intensive farming,
                 rising transportation costs, and increasing needs for food will
                 gradually restore intra-regional competitiveness to New England and
                 Rhode Island agriculture.

    B.   Agricultural lands have a significance which frequently exceeds their
         direct economic value:

              - They are often ground water recharge areas.

              - They provide scenic diversity and help maintain a rural environment.

              -  Cropland borders provide valuable wildlife habitat.

              - They are valuable recreational lands following the growing season.

              -  Prime agricultural land as defined by the U.S. Department of Agricul-
                 ture does occur in Rhode Island's coastal region.

    C.   Preservation of agricultural lands is an issue of statewide and
         not purely coastal signiricance. Management of agricultural lands
         must accomodate the statewide nature of the problems and issues
         involved if it is to properly and effectively address them.

              - Agriculture is not a primary land use in the Rhode Island
                 coastal region.

              - Coastal agricultural policies cannot be formulated in
                 isolation

              -  Council Management policies and Regulations must be formulated
                 in the context of statewide initiatives.

    250.1-2 POLICIES AND REGULATIONS:

    A.   The Council recognizes that local government has the principal
         responsibility to plan for and manage land use and development,
         much of which is of local concern only. It, however, encourages
         and shall endeavor to support local efforts to adopt plans, zoning
         ordinances and taxation policies that:

              1. Recognize the social, environmental and economic values of
                  prime agricultural lands.
              2.  Make a distinction in planning, zoning and taxation policies
                  between urban areas (higher and medium intensity development
                  in the coastal region plan) and rural areas (agricultural and
                  rural/resource land in the plan), based on land capability
                  and availability of public services.

                                         79

             3.  Channel development away from agricultural land.
             4.  Make maximum utilization of the enabling provisions of
                the Forest, Farm and Open Space Tax Law (44-27-1, G.L.R.I.)
                 to preferentially tax lands committed to long term agricul-
                tural uses.

    B.   The Council recognizes continued undirected low-density residential
         development as a major factor in the conversion of prime agricultural
         lands to other uses.

         It finds so called "sprawl " a problem of statewide magnitude and
         concern, neither unique or indigenous to the coastal region. The
         Council consequently supports and urges passage of Bill 77H-6299,
         An act Establishing A State-Local Land Management Program.  It
         finds the Act's purpose, to wit:
              1.  Relating development to physical capabilities of land.
              2. Relating intensity of development to availability of public
                  service.
              3. Recognizing the areawide impact of some development decisions.
              4. Protecting valuable natural resources and areas.
              5.   Reserving suitable sites for needed economic development.
              6.  Providing adequate housing for all residents.
              7.  Improving the visual quality of development.

         fully consistent with and supportive of its own planning and management
         objectives relative tc utilization of the state's coastal resources.

    C.   Pending passage of comprehensive statewide land management legislation,
         however, the Council finds there is much that it can do on its own
         authority to protect prime agricultural land from excessive development
         pressure.

         Specifically, through its planning and management responsibilities
         regarding sewage treatment and disposal related activities and
         developments within or affecting the coastal region and its resources
         the Council has adopted siting policies and criteria for commercial
         and industrial developments.

     250.2 Forests and Forest Transition Lands

     250.2-1 FINDINGS:

    A.   Forests are a major land resource that presently occupy approximately 59
         percent (395,000 acres) of Rhode Island's total land area.

               -  However, only 28% of the state's woodlands are located in
                  the coastal cities and towns.

               -  Natural reforestation of abandoned fields has resulted in
                  large increases in total forest acreage since the agricul-
                  tural decline began in late 1800's. However, recent USDA

                 statistics show that total forest acreage has fallen by
                 8 percent since 1953. At the same time, the total volume
                 of growing stock has doubled. Our forests are thus
                 maturing but decreasing in acreage.

               -Wood products from Rhode Island forests include pulp, veneer,
                 firewood, and low grade construction lumber. Careful manage-
                ment can increase the economic value of our forest products,
                 especially in light of rising energy needs and dwindling
                 national supplies.

    B.   Forests provide important environmental and recreational amenities.

              - Hiking trails, state and private camping facilities, sports
                 clubs, hunting areas, etc. are usually situated within
                 forested regions.

              - Large forest tracts effectively moderate temperature and
                winds, and can help reduce air and noise pollution. Forest
                 lands contribute to groundwater retention and check or
                 prevent soil erosion.

             - Some species of wildlife are highly dependent on forest
                ecosystems for breeding and feeding habitat.

             - Forests are increasingly needed to provide recreational
                 alternatives to crowded shoreline areas.

    C.   Abandoned fields and pastures are lands which are in varying stages of
         transition to a forest community.

             - Such undeveloped open lands account for 25,000 acres or
                 4% of the state's total land area. Nearly 70% of these
                 lands lie in coastal communities.

             - Because their cover and vegetative characteristics differ
                 from forest areas, transitional lands provide significant
                wildlife habitat. They are a land use type which is decreas-
                 ing as natural plant succession proceeds.

    D.   Forest preservation and management is not a significant problem in
         the Rhode Island coastal region. However, the following state
         controls and programs contribute to preservation and restoration of
         this resource:

              - The Department of Environmental Management regulates burning in
                 forests and open lands.

              - Swampland forests are protected and regulated under the
                 provisions of the Freshwater Wetlands Act of 1971 (as
                 amended).

              - The Farm, Forest and Open Space Tax Law of 1968 provides for pre-
                 ferential taxation of lands committed to long term forest
                 or open space use.

                   Council management policies relating to forest preservation in
                   the Rhode Island coastal region include:
                             Policies for thelprotection and aquisition of
                                  recreation areas. (Section 420.0-2).
                             Policies for the protection and aquisition of
                                  conservation and wildlife management areas.
                                  (Section 430.0-2).
                             Policies regarding residential development.
                                  (Section  510.0-2).
                          *  Policies for the siting of major facilities.
                                  (Section  540.0-2, 550.0-2, Chapter 6),
                   State and Federal agencies cooperate to promote the protection
                   and management of Rhode Island forest lands.  Technical
                   assistance is provided by the Rhode Island Division of Forest
                   Environment, Department of Environmental Management, in
                   cooperation with the Forest Service, U. S. Department of
                   Agriculture, while financial assistance is provided by the
                   Agricultural Stabilization and Conservation Service.
                   The Council does not at this time find a need to promulgate
                   plans or policies in addition to those referenced above to
                   ensure preservation and restoration of forests and/or forest
                   transition lands.

        250.3  Freshwater Wetlands

     250.3-1  FINDINGS:

      A.   Freshwater wetlands are among the most valuable of all natural systems in
           Rhode Island.

                   Approximately 60,000 acres of land in Rhode Island are
                    classified as freshwater wetlands.  A great majority of
                    these are forested swamps. Washington County contains the
                    greatest percentage of freshwater wetlands in Rhode Island.

                    Freshwater wetlands are among the most biologically productive eco-
                    systems, comparing favorably with intensively managed agri-
                    cultural land.

                    In addition to their well recognized fish and wildlife values,
                    freshwater wetlands are important in water storage and
                    frequently reduce flooding in low lying areas.

                    They frequently have high aesthetic appeal and as undisturbed
                    natural areas enhance outdoor educational and recreational
                    opportunities.

       B.   Freshwater wetlands can significantly influence coastal waters.

                    Negative impacts on coastal waters may result if drainage
                    from wetland areas include toxic materials, organic nutrients,
                    or heavy sediment loads.

                    In general, the more inland a freshwater wetland is situated,
                    the greater its chances of assimilating foreign substances
                    or settling suspended sediments before impacting tidal
                    areas.

    C.   Rhode Island's freshwater wetlands are protected and managed by
         legislative mandate. Principal state controls included the Fresh-
         water Wetlands Act of 1971 (20-1-18 to 25, G.L.R.I.) and Department
         of Health water quality controls (46-12, G.L.R.I).

              -  The Freshwater Wetlands Act establishes as public policy
                 the preservation of the purity and integrity of freshwater
                 ponds, streams, rivers, swamps, marshes and bogs.

              -  The Freshwater Wetlands Act requires a Department of
                 Environmental Management permit for any alteration to the character
                 of a freshwater wetland and sets forth standards for un-
                 accepta ble alteration:
                         *Reduction of flood retention and mitigation
                                ability
                         *Reduction of groundwater recharge capacity
                         *Reduction of water quality
                         *Reduction of wildlife habitat or recreational
                                value

              - The Department of Health is the state's legislatively de-
                 signated water pollution control agency. The Department
                 is authorized and charged to-
                         *Prevent, control and abate pollution of the
                                state's waters through appropriate rules and
                                regulations
                         *Adopt and modify as necessary water quality
                                standards
                         *Regulate discharge of sewage into state waters

              - The Department of Environmental Management also undertakes the
                 following management programs relative to freshwater wetlands:
                         *Fish and wildlife stocking
                         *Marsh construction
                         *Waterfowl inventorying
                         *Acquisition of wildlife habitat

    D.   The Council finds that its legislatively mandated responsibility to
        ensure "that preservation and restoration of ecological systems
         shall be the primary guiding principle upon which environmental
         alteration of coastal resources will be measured, judged and regu-
         lated" is best discharged through effective implementation of the'
         above described state laws, regulations and programs.

    250.3-2 POLICIES AND REGULATIONS:

    A.   It shall be the Council's policy to cooperate through its own plan-
         ning, regulatory and permitting actions with the Department of
         Environmental Management and the Department of Health in implementing,
         respectively, the provisions' of Title 20, Chapter 18 and Title 46,
         Chapter 12 of the General Laws as expressed by applicable rules
         and regulations promulgated pursuant thereto.

                                           83

    B.   Council Policies and Regulations regarding recreation areas, conservation
        and wildlife management areas, residental development and major facility
         siting will be implemented with particular concern for their impact on the
         preservation and restoration of the state's freshwater wetlands.

    250.4  Wildlife

    250.4-1  FINDINGS:

    A.   Rhode Island's wildlife resources are abundant and provide important
         recreational and economic benefits long recognized by the Council and other
         state and private agencies.

              - Wildlife, especially waterfowl, deer and rabbits support
                 recreational hunting which supplies considerable revenues
                 to the state in the form of licenses, ammunition and arms
                 sales.
                           Since 1938, portions of federal excise tax revenues on
                                arms and ammunition have been returned to Rhode
                                Island for the acquisition and management of wild-
                                life lands.  Approximately 8,000 acres of land
                                have been acquired in this manner.  They have
                                also paid for fish and wildlife management activities
                                on over 32,000 acres.

              - An abundant wildlife resource helps maintain the attractive-
                 ness of the coastal region and is dependent upon adequate
                 environmental diversity and quality.

              -  Non-game species are the most abundant of our wildlife
                 resource.  Songbirds and small mammals are particularly
                 plentiful. Census counts and birdwatching are significant
                 recreational and scientific activities.  Rhode Island is
                 more significant to migratory than to breeding waterfowl.

    B.   Department of Environmental Management wildlife management programs are
         designed to maintain healthy populations and to assure that adequate habitats
         are provided.

                 Rhode Island's deer herd is estimated to be between
                 1200 and 2400 animals and is considered one of the
                 healthiest herds in New England. Washington County
                 and Prudence Island have the highest deer populations
                 in the coastal region.

                 Waterfowl hunting is well regulated.  Waterfowl management
                 includes programs in waterfowl banding and censuses,
                 wildlife marsh construction, wood duck box and food plot
                 establishment.

    C.   Residential: and other developments are usurping many acres of wildlife
         habitat.

                 Many wildlife populations are being forced into fewer and
                 smaller areas.  This is also causing increased restrictions
                 on traditional hunting practices and recreational pursuits
                 in general.

              - While wetlands habitat destruction has slowed, changing land
                 uses in upland regions place increasing pressures on wild-
                 life.

              - Species showing the greatest population gains in recent
                 years are those which have readily adapted to suburban and
                 other heavily altered landscape types.

    D.   The Council finds that the preservation and restoration of the wild-
         life resources of the coastal region is adequately Provided for
         under existing state programs. These include:

              - Department of Environmental Management wildlife management programs
                 including regulation of hunting, seasonal closures, licensing,
                 game breeding and stocking.

              - Council Policies and Regulations regarding recreation areas,
                 conservation and wildlife management areas, residential
                 development and major facility siting.

              - The Council does not at this time find a need to promulgate
                 plans or policies in addition to those referenced above to
                 ensure preservation and restoration of wildlife.

    250.5 Public Water Supplies

    250.5-1 FINDINGS:

    A.   Rhode Island is endowed with abundant freshwater resources.  These
         include both surface water in the form of lakes, streams and reservoirs
         and groundwater supplies that may be exploited by drilling wells.
         Sources that are now developed for public water systems meet present
         needs.

               -Approximately 130 million gallons of water a day is supplied
                 by developed sources. These sources supply some 65 percent
                 of the state's population.

               -Major groundwater reserves in the coastal region are found in
                 the upper.Pawcatuck River area and along the west Bay. No
                 major groundwater reserves with potential as public water sup-
                 plies have been found on the Bay islands or an the east side
                 of the Bay.

               -Much remains to be learned about the size and characteris-
                 tics of developable groundwater reserves before a full assess-
                 ment can be made of the volumes and quality of water they could
                 produce on a sustained basis., Investigations on this topic
                 are in progress through the:R.l. Water R e ors Rhorde  s
                 Coope rative programs exist between the Stae of Rhr.sBo rd  Ilnd and
                 the Water Resources Di~vision of the U.S. Geological Survey regarding
                 the collection and analysis of freshwater data.

    B.   As for back as 1969 a report prepared by the Statewide Planning Program
         on public water systems stated that a g'rowing population and a steadily in-
         creasing per capita rate of water consumption will require the
         development of new public water supplies.

                                          85

             -  The report states that the per capita rate of water consump-
                 tion will increase by 1.5 gallons each year.

                The report also forecasts continued increases in population
                and a heavier reliance on public, rather than individual
                water systems.

                 Projections are that by 1990 public water supplies should be
                 capable of providing an additional 67 million gallons per
                 day.

                The 1969 report is now outdated since the rate of population
                growth has declined and all long range need projections have
                 changed in light of new economic realities.

    C.   The development of major new water supplies involves a host of environ-
        mental and social issues.

                The State Water Resources Board was created by the legislature
                 in 1967 and was charged to develop a comprehensive state water
                 resources program. The Board is empowered to acquire property,
                 construct facilities and approve or disapprove municipal water
                 plans.

                The state Department of Health is responsible for water quality
                 and must approve all public water supply sources and treatment
                 plants.

                 Present plans developed by the Water Resources Board include the
                 construction of large inland reservoirs. This involves large
                 tracts of land, relocating the population and flooding the land.

              -  The realization of large scale plans require a large measure of
                 cooperation among effected towns and large sums of money.  Both
                 requirements have to date caused considerable debate and conflict.

    D.  None of the new reservoirs proposed by the Water.Resources Board
         are in the coastal region.  However, the.Councii recognizes that water supply
         is an issue of potentially great future significance.

              I-   t will be necessary to reevaluate both population projec-
                 tions and consumption patterns to obtain an accurate picture
                 of long term public water supply requirements.

              - Conservation practices such as recycling and rate manipulation
                 should all be considered for their impact on consumption rates
                 and patterns.

              -  Provisions should be made to treat increased levels of waste
                 water resulting from the utilization of greater amounts of
                 source water by municipal and industrial facilities.

              - Salt water intrusion into coastal freshwater wells may become
                 a problem in the future.  This issue should be evaluated.

                                           86

    250,5-2 POLICIES AND REGULATIONS:

    A.   It shall be the Council's policy to cooperate in any manner possible
         with the Water Resources Board and other state and municipal bodies in-
         volved in public water supply planning as that planning :efects or in-
         volves the water resources of the coastal region.

    B.   Where the Council finds a relationship between water resources plans
         and programs and the resources of the coastal region it shall ensure that
         such plans and programs are consistent with the Coastal Resources Management
         Program.

            Chapter 3
            Pollution

    0~;

      0~0,
     -                *!:
         l : : f 0 : w~~

                                        87

                           310 COASTAL WATER QUALITY

    310.0-1  GENERAL FINDINGS:
         Pollution may be considered as any action that overtaxes the capacity
    of the environment to assimilate wastes.  This section  concentrates upon the
    pollution of coastal waters. The major sources of coastal pollution are
    municipal sewage plants, industrial discharges, urban and rural runoff,
    solid waste disposal, and leachate from individual septic systems. Other
    pollution sources discussed elsewhere in this document include recreational
    boating/marinas (Section 440   ), shipping (Section  520        ) oil spills
    (Section  630    & 640    ) and dredging (Section 530   ).  The major
    consequences of the pollution of coastal waters are:

              � the alteration of chemical or physical properties of marine
                waters so -that they no longer provide a suitable habitat
                for natural biological communities (e.g., pH, temperature,
                salinity)

              . the accumulation of toxins, carcinogens or pathogens which
                threaten the welfare of man or aquatic organisms (e.g.,,
                heavy metals, hydrocarbons, bacteria and viruses carried
                in sewage)

              . disruption of ecological balances in marine waters upon
                which natural biological communities depend (e.g., excessive
                oxygen consumption or nutrient input)

              . the addition of man-made substances foreign to the marine
                environment whose impacts are largely unknown (e.g., poly-
                chlorinated biphenyls (PCBs), kepone)

              � the disruption or burial of bottom communities due to
                increased sedimentation.

     310.1 An Assessment

    310.1-1  FINDINGS:

    A. Water quality in Rhode Island's coastal waters is generally good and is
        improving.

        - A map showing the classification of coastal waters and those areas
          which are out of compliance is presented in Figure 3-1. The classi-
          fication criteria and allowable uses are shown in Table 3-1.  (The
          classifications of the state's waters are currently being revised).

        - 92% of Narragansett Bay and its major tributaries are presently
          meeting class SA or SB standards.  This percentage is expected
          to increase to 96% by 1983.

                                     88
                                                       Figure 3-1

                             N                 *1~~~~

                                                              WATER QUALITY
                                                             CLASSI FICATIONS
                SC.      .N
                                                               (DEPARTMENT OF
                                                                HEALTH, 1977.)

                      so          a    ""'                        1   ~~~~~~~~~~REFER TO
                                                                 TB  ABLE 3-1
                                 SA ~ ~ ~ ~ ~ ~~~~S

    se.      SA  .3
                                           SC.   --...            ~~~OUT OF COMPLIANCE
    SC.   **~
                                 ~~~~~~~ ~~~~~~WITH CLASSIFICATICN

                                            SA

               *                         SA~~

                  se SC                3SA  :                           * S

                                                  ..    A

                                          BAY  AREA         jBLOCK    ISLAND

                                                                 SB

                                                     SOUTH SHORE

                       89            TABLE 3-1

                               STATE OF RHODE ISLAND
                                         AND
                                PROVIDENCE PLANTATIONS
                                 DEPARTMENT OF HEALTH
                          DIVISION OF WATER POLLUTION CONTROL
                        WATER QUALITY CRITERIA FOR CLASSIFICATION
                                 OF WATERS OF THE STATE
                        ADOPTED 1967, revised 1973, 1975, 1977

                                      GENERAL POLICY

        The following are the criteria of water quality adopted for use in the
    classification of the waters of the state. In classification of the waters,
    consideration is given to all factors involved, including public health,
    public enjoyment, propagation and protection of fish and wildlife, and eco-
    nomic and social development.  Classifications are not intended to permit
    indiscriminate waste disposal or to allow minimum efforts of waste treatment
    under any circumstances.

         In the discharge of waste treatment plant effluents to the receiving
    waters, cognizance shall be given both in time and distance to allow for
    mixing of effluent and stream. Such distances required for complete mixing
    shall not affect the water usage Class adopted but shall be defined and
    controlled by the regulatory authority.

                                   ANTIDEGRADATION

         I.  No new discharges permitted into Class A, SA, B, or SB waters.  This
    prohibition shall' not apply where it is demonstrated by the applicant to the
    state that the discharge under most adverse conditions will not impair any
    usages specifically assigned to the class and the waters will not be degraded
    below existing classification. Most adverse conditions shall include but not
    limited to minimum dilution predictable and complete disruption in operation
    at any treatment system.  This prohibition shall not apply to normal stormwater
    drainage.

        II.  Waters whose existing quality is better than the established standards
    as of the date on which such standards become effective will be maintained at
    such high quality unless it has been affirmatively demonstrated to the Director
    and after a public hearing that a change is justifiable as a result of necessary
    economic or social development and will not result in a significant loss of a
    use presently possible in such waters.  Any industrial, public, or private pro-
    ject or development which would constitute a new source of pollution or an
    increased source of pollution to high quality waters will be required to
    provide the highest and best practicable means of waste treatment to maintain
    high water quality.' In implementing this policy, the Administrator of the
    Federal Environmental Protection Agency will be kept advised and will be
    provided with such information as he will need to discharge his responsibilities
    under the Federal Water Pollution Control Act, as amended.

         In the review of EPA NPDESlpermits, no approval will be given unless or
    until the Director has information on existing water quality for the  ujbltancle
    to be discharged.

      lNational Pollutant Discharge Elimination System

                                                       TABLE 3-1 (continued)
                                                         STATE OF RHODE ISLAND
                                                         DEPARTMENT OF HEALTH
                                                 DIVISION OF WATER POLLUTION CONTROL

                                               WATER QUALITY CRITERIA FOR FRESH WATERS

          Item                  Class A                  Class B                   Class C                       Class D

                         Suitable for water supply and all  Suitable for bathing, other recrea-    Suitable for fish and wild life habi-
                         other water uses; character uni-  tional purposes, agricultural uses,    tat, recreational boating, and in-
                         formly excellent.        industrial processes and cooling;    dustrial processes and cooling;  Suitable for navigation, power, cer-
                                                    excellent fish and wild life habitat;    good aesthetic value.  tain industrial processes and cool-
                                                    good aesthetic value; acceptable                        ing, and migration of fish: good
                                                    for public water supply with appro-                     aesthetic value.
                                                    priate treatment.

       Dissolved oxygen   75% saturation, 16       75% saturation, 16        Minimum 5 mg/l any time.      A minimum of.2 mg/l at
                            hours/day, but not       hours/day, but not        Normal seasonal and di-       any time.
                            less than 5 mg/l         less than 5 mg/l          urnal variations above
                            at any time-.            at any time.              5 mg/l will be main-
                                                                                  tained.  For sluggish
                                                                                  eutrophic waters, not
                                                                                  less than 4 mg/l at any
                                                                                  time.  Normal seasonal
                                                                                  and diurnal variations
                                                                                  above 4 mg/l will be
                                                                                  maintained,

       Sludge deposits-   None allowable           None allowable            None (See Note 7)             None (See Note 7)
       solid refuse-
       floating solids-
       oils-grease-scum

    3.  Color and          None other than of       None in such concen-      None in such concen-          None in such concen-
       turbidity          natural origin.  Not     trations that would       trations that would           trations that would
                            to exceed 5 Jackson      impair any usages         impair any usages             impair any usages
                            Units (5 JU).            specifically assigned    specifically assigned          specifically assigned
                                                       to this Class.  Not      to this Class.  Not           to this Class
                                                       to exceed 10 JU.         to exceed 15 JU.

                                                      TABLE 3-1 (continued)

                                                     FRESH WATER (Continued)

       Item                    Class A                   Class B                    Class C                        Class D

    4,Coliform bacter- ia  Not to exceed a median   Not to exceed a median   None in such concen-             None in such concen-
                         of 100 per 100 ml nor    of 1,000 per 100 ml         trations that would            tralions that would
                         more than 500 in more    nor more than 2,400                                        impair  any usages impai
                          than 10% of samples       in more than 20% of        specifically assigned          specifically assigned
                         collected                 samples collected          to this Class                  to this Class

    5,1'ecal coliform     (See Note 12)             (See Note 12)
      bacteria/100 ml

    G,.faste and odor    None other than of         None in such conczn-      None in such concern            None in such concen-
                         natural origin            trations that would        trations that would            trations that would
                                                    impair any usages         impair any usages               impair any usages
                                                   specifically assigned    specifically assigned            specifically assigned-
                                                   to this Class nor ,    to this Class nor                  to this Class
                                                   cause taste and odor      cause taste and odor
                                                   in edible portions        in edible fish
                                                   of fish

    7lJH                 As naturally occurs        6.5 - 8.0, or as           6.0 - 8.5                      6.0 - 9.0
                                                   naturally occurs.

    8.Allowable          None other than of         Only such increases        Only such increases            None except where the
      temperature        natural origin             that will not impair       that will not impair           increase will not exceec
     increase                                      any usages specif-         any usages specif-             the recommended limits
                                                   ically assigned to        ically assigned to this        on the most sensitive
                                                   this Class (See Note 6)  Class or causes the             water use and in no
                                                                              growth of unfavorable          case exceed 900F.
                                                                             species of biota,
    S,Chemical con-       (See Note 5)              (See Note 5)               (See Note 5)                   (See Note 5)
     stituents

                                                92
                                      TABLE 3-1 (continued).

    NOTES: FRESH WATER

    1.  These Standards do not apply to conditions brought about by natural causes.

    2.  Class D waters will be assigned only where a higher water use Class cannot be
        attained after all appropriate waste treatment methods are utilized. Appropriate
        waste treatment shall be secondary treatment with disinfection or the equivalent.

    3.  All sewage treatment plant effluents shall receive disinfection before discharge
        into a watercourse.

    4.  Any water falling below the standards of quality for a given Class shall be
        considered unsatisfactory for the uses indicated for that Class. Waters falling
        below the standards of quality for Class D shall be Class E and considered to be
        in a nuisance condition.

    5.  Chemical Constituents

        a.  Waters shall be free from chemical constituents and radio-active materials
            in concentrations or combinations which would be harmful to human, animal,
           or aquatic life for the appropriate most sensitive and governing water
            class use or unfavorably alter the biota.

        b. In areas where fisheries are the governing considerations and approved limits
            have not been established, bioassays shall be performed as required by the
            appropriate agencies. The latest edition of the federal publication Water
            Quality Criteria-will be considered in the interpretation and application of 0
            bioassay results. Bioassays shall be performed according to the latest editionW
            of Standard Methods for the Examination of Water and Wastewater_(APHA).

        c.  Phosphorus Concentration - none in such concentration that would impair any
            usages specifically assigned to said Class. New discharges of wastes con-
            taining phosphates will not be permitted into or immediately upstream of
            lakes or ponds. Phosphates shall be removed from existing discharges to
            the extent that such removal is or may become technically and reasonably
            feasible.

        d. For public drinking water supplies, the limit prescribed by the United States
            Environmental Protection Agency will be used where not superseded by more
            stringent state requirements.

        e. nhe latest edition of Environmental Protection Agency Quality Criteria for
            water, the latest edition of Water Quality Criteria State of California,
            and Other scientifically acceptable criteria will be used as guidelines in
            assesslig impacts of dhemical constituents in the issuance of permits and
            implementing other water quality improvement programs.

                                    93   TABLE 3-1 (continued)

     6.  The temperature increase shall not raise the temperature of the receiving waters
          above the recommended limit on the most sensitive receiving water use and in no
          case exceed 830F. In no case shall the temperature of the receiving water be
          raised more than 40F. Heated discharges into designated trout habitats shall not
          raise the temperature above 50OF during October to 15 June nor greater than 54u,
          15  une through September.

      7.  Sludge deposits, floating solids, oils, grease and scum shall not be allowed excep
          for such small amounts that may result from the discharge of appropriately treated
          sewage or industrial waste effluents.

      8.  The minimum average daily flow for seven consecutive days that can be expected to
          occur once in ten years shall be the minimum flow to which the standards apply.

      9. Class B and C waters shall be substantially free of pollutants that:

          a.  Undesirably affect the composition of bottom aquatic life,

          b. Undesirably affect the physical or chemical nature of the bottom,

          c.  Interfere with the propagation of desirable aquatic life.

     10.  Class A waters in use for drinking water supply may be subject to restricted use
          by State and local authorities.

     11.  The latest edition of Standard Methods for Examiniation of Water and Wastewater,
          APHA, will be followed in the collection, preservation, and.analysis of samples.
          Where a method is not given, the latest procedures of the American Society for
          Testing Material (ASTM) will be followed.  Other methods recommended by the
          Environmental Protection Agency (EPA) can be used, if legally acceptable.

     12.  As a guideline, pending further research,:a fecal  criteria for Class A
          waters of a median of 20 per 100 ml, not more than 200 per 100 ml in more than
          10% of the samples collected, and for Class B waters a median value of 200 per
          100 ml, not more than 500 per 100 ml in more than 20% of the samples collected,
          ,.ill be -sed.
          l  id

     13. In the case of thermal discharges, where mixing zones are allowed, the mixing zone
          will be limited to no more than 1/4 of the cross sectional area and/or volume of
          flow of stream or estuary, leaving at least 3/4 free as a zone of passage.

     14.  All small streams tributary to Class A waters shall be Class A.  All other small
          streams where the classification is not indicated shall be Class B.

                                                     TABLE 3-1 (continued)
                                                      STATE OF RHODE ISLAND
                                                      DEPARTMENT OF HEALTH
                                                DIVISION OF WATER POLLUTION CONTROL

                                               WATER QUALITY CRITERIA FOR SEA WATER *

        Item                        Class SA                            Class SB                            Class SC

                                                                 Suitable for bathing, other recrea-
                            Suiabelforish hea water esli   for direct  tinnal purposes, industrial cooling  Suitable fish, shellfish and wild life
                            ng shellfish harvesg  for direct   and shellfish harvesting for human     habitat; suitable for recreational
                            huellfan cons).atplion (appnoved   consumption after depuration (re-      boating, and industrial cooling;
                            watshellfish contasportse           stricted shellfish area); excellent   good aesthetic value.
                            water contact spnrts.              fish and  wild  life habitat;  good
                                                                 aesthetic value.

    1.  Dissolved oxygen      -Not less than 6.0                   Not less than 5.0                   Not less than 5 mg/l
                                mg/l at any time                   mg/l at any time                     during at least 16
                                                                                                          hours of any 24-hour
                                                                                                          period nor less than
                                                                                                          4 mg/l at any time    X

    2.  Sludge deposits-       None allowable                      None allowable                      None except that amount
        solid refuse-                                                                                  that may result from
        floating solids-                                                                               the discharge from a
        oils-grease-                                                                                   waste treatment facil-
        scum                                                                                           ity providing appro-
                                                                                                          priate treatment

    3. Color and               None in such concen-                None in such concen-                None in such concen-
        turbidity              trations that will                  trations that would                 trations that would
                                impair any usages                   impair any usages                   impair any usages
                                specifically assigned               specifically assigned               specifically assigned
                                to this Class                       to this Class                       to this Class

    4.  Coliform bacteria      Not to exceed a med-                Not to exceed a med-                None in such concen-
        per 100 ml            'ian MPN of 70 and                   ian value of 700 and                trations that would
                                not more than 10% of                not more than 2300                  impair any usages
                                the samples shall                   in more than 10% of                 specifically assigned
                                ordinarily exceed an                the samples                         to this Class
                                MPN of 230 for a 5-
                                tube decimal dilution
                                or 330 for a 3-tube
                                decimal dilution

                                                             TABLE 3-1  (continued)

                                                         SEA WATER (Continued)

        Item                           Class SA                               Class SB                              Class SC

         Fecal coliforn           (See Note S.9)                         (See Note S.9)
         bacteria/100 ml

         Taste and odor           None allowable                        None in such concen-                   None in such concen-
                                                                        trations that would                    trations that would
                                                                        impair any usages                      impair any usages
                                                                        specifically assigned                  specifically assigned
                                                                        to this Class and none                 to this Class and none
                                                                        that would cause taste                 that would cause taste
                                                                        and odor in edible                    and.odor in edible
                                                                        fish or shellfish                      fish or shellfish

     !,  p11                      6.8 - 8.5                              6.8 - 8.5                              6.5 - 8.5

         Allowable                (See Note S.10)                        (See Note S.10)                        (See Note S.10)
         temperature
         increase

    S.  Chemical con-            None in concentrations                 None in concentrations                 None in concentrations
         stituents                or combinations which                  or combinations which                  or combinations which
         (See Note S.4)           would be harmful to                   would be harmful to                    would be harmful to
                                  human, animal or aquatic              human, animal or aquatic:              human, animal or aquatic
                                  life or which would make              life or which would make               life or which would make
                                  the waters unsafe or                  the waters unsafe or                   the waters unsafe or
                                  unsuitable for fish or                unsuitable for fish or                 unsuitable for fish or
                                  shellfish or their prop-              shellfish or their prop-               shellfish or their prop-
                                  agation, impair the                   agation, or impair the                 agation, or impair the
                                  palatability of same,                 water for any other usage              water for any other usage
                                  or impair the waters                  assigned to this Class                 assigned to this Class
                                  for any other uses

    Ji   Radioactivity            (See Note S.7)                         (See Note S.7)                         (See Note S.7)

                                             96
                                        TABLE 3-1 (continued)

    NOTES: SEA WATER

    S - 1 Sea waters are those waters subject to the rise and fall of the tide.

    S - 2 All sewage treatment plant effluents shall receive disinfection before
           discharge to sea waters.

    S - 3 The water quality standards do not apply to conditions brought about by
           natural causes.

    S - 4 The waters shall be substantially free of pollutants that will:

              a. Unduly affect the composition of bottom fauna,
              b. Unduly affect the physical or chemical nature of the bottom,
              c. Interfere with the propagation of fish and shellfish,
              d. Undesirably alter the qualitative and quantitative character
             -   of the biota.
              e.  TheTtest edition of Environmental Protection Agency Water
              - Quality Criteria for Water, the latest edition of Water Quality
                  Criteria State of California, and other scientifically acceptable
                  criteria will be used as guidelines in assessing impacts of chemi-
                  cal constituents in the issuance of permits and implementing other
                 water quality improvement programs.

    S - 5 Bacteriological surveys of sea waters should include sampling during periods
          when the most unfavorable hydrographic and pollution conditions prevail.

    S - 6 Any water falling below the standards of quality for a given Class shall be
           considered unsuitable for the uses indicated for that Class. Waters falling
           below the standards of quality for Class SD shall be Class SE and considered
           to be in a nuisance condition.

    S - 7 The level of radioactive materials in all waters shall not be in concentrations
           or combinations which would be harmful to human, animal or aquatic life, or
           result in concentration in organisms producing undesirable conditions.

    S - 8 In the case of thermal discharges into tidal rivers or estuaries, where mixing
           zones are allowed, the mixing zone-w--iKl elimited tono more than 1/4 of the
           cross sectional area and/or volume of flow of stream or estuary, leaving at
           least 3/4 free as a zone of passage. In wide estuaries and oceans, the
           limits of mixing zones will be established by the Director.

    S - 9 As a guide, pending further research, for Class SA waters a fecal coliform
           criteria of a median value of 15 per 100 ml not more than 10 percent of the
           samples exceeding 50 per 100 ml and for Class SB waters and a fecal coliform
           criteria of a median value of 50 per 100 ml and not more than 500 per 100 ml
           in 10 percent of the samples collected, will be used.

                                    TABLE 3-1  (continued)

    S - 10  Temperature increase:  None except where the increase will not exceed the
            recommended limit on the most sensitive receiving water use and in no case
            exceed 83OF or in any case raise the normal temperature more than 1.50F,
            15 June through September and notmore than 4OF from October through
           15 June at the boundary of such mixing zones as is found to be reasonable
            by the Director.

    S - 11 The latest edition of the federal publication Water Quality Criteria will be
            considered in the interpretation and application of bioassay results. Bio-
            assays will be performed according to the latest edition of Standard Methods
            for the Examination of Water and Wastewater (APHA).

    S - 12 The latest edition of Standard Methods for Examination of Water and Waste-
           water, APHA, will be followed in the collection, preservation, and analysis
            of samples.  Where a method is not given, the latest procedures of the
            American Society for Testing Materials (ASTM) will be followed. Other
            methods recommended by the Environmental Protection Agency (EPA) can be
            used, if legally acceptable.

            * SD and SE classifications have been eliminated as water quality goals. Descriptions
              of these classes are as follows:
                 SD - Suitable. for navigation, industrial cooling, and migration of fish;
       mi        ;  ~good aesthetic value
                 SE - Nuisance, unsuitable for most uses.

                                         98

         - Since 1967, water quality improvements have eliminated the
            SE category for existing conditions and the SD category as
            a water quality goal. Major improvement has occurred in
            the Seekonk River (from SE to SC).

         - 74% of the total possible shellfishing areas of the state are
            open (class SA) and an additional 8% are conditional waters
            open Iexcept after periods of heavy runoff. (data from Jan.
            1975, Dept. of Health).

          -Some fishery resources whose previous decline has been at
            least in part attributed to pollution, appear to be recovering.
                 Sport fish have recently been *taken in the upper
                      Providence Rive~r.
                 Blue crabs and bay scallops that all but disappeared
                      in the 1960's appear to be returning to some estuarine
                      waters.

    B.   Pollution in the Providence River and in Upper Narragansett Bay caused
         by discharges from the sewage collection and treatment systems of the
        cities of Providence, Central Falls, and Pawtucket, is by far the most
         severe water quality problem in Rhode Island's coastal waters.

        - The Providence sewage treatment plant at Field's Point is
           grossly under-equipped to handle the sewage it receives:
                Antiquated and failing equipment cannot provide
                      the level of treatment necessary to meet
                      EPA's minimum requirements for 85% BOD (biochemical oxygen demand)
                      removal.
                Dry weather flows to the plant presently exceed the design
                     capacity.
                The treatment provided does not remove pollutants
                     contained in the industrial sewage received
                     by the plant.
                The cost of the repairs necessary to make the plant
                     meet Environmental Protectiorf Agency requirements are
                     estimated at $8.5 million.

          -The very extensive network of combined sewer systems of Providence,
           Pawtucket, and Central Falls deliver an unmeasured amount of untreated
           stormwater mixed with raw sewage to the Providence River during
           rainy weather.
                The cost of totally separating the sewers from the
                     storm drains in the Providence system alone is
                     es t imated at $250 m 111ilon.
                Alternative abatement strategies are now being studied.
                     However, planning and implementation have been
                     projected to take as long as 10 years.

                                        99

           Existing water quality in the Providence River is rated SD.
                Severe oxygen depletion occurs during summer months in some segments
                     making the waters uninhabitable for most aquatic
                      life.

           Harvesting of one of the richest shellfishing areas of Narragan-
           sett Bay is severely curtailed by pollution from the. Providence area.
                The northernmost part of Narragansett Bay is classified SB and thus is
                 permanently closed to harvesting of shellfish for direct consumption.
                A larger area of the Upper Bay is classified SA but is
                     only conditionally opened to shellfishing.  Over-
                     flows from the combined sewer systems make it
                     necessary to close the area after half an inch or
                     more of precipitation.
                The conditional area was closed for 185 days in 1976.
                The percentage of time the area has been closed increased
                      in 1977 largely because of equipment failures at
                      the Fields' Point sewage treatment plant.

           The Providence  River   is the major source of heavy metals and
            hydrocarbons entering Narragansett Bay.

    C.   Inflow from polluted freshwater systems or from tidal waters outside of
        our state boundaries contributes to the degradation of Rhode Island's
        coastal waters.

        - The lower reaches of the Pawtuxet River is out of compliance with
            its C classification.
                 Existing quality is rated D and E.  The latter is
                      considered a nuisance condition.
                As a result pollution problems are aggravated in the
                      Providence River which receives the waters of the
                      Pawtuxet.

           Water quality in areas of Mt. Hope Bay in RI is out of compliance
           with its SB and SC classification due to upstream discharges from
            the city of Fall River, Massachusetts.
                The Fall River sewage treatment plant provides only
                      primary treatment.
                 Fall River has a combined sewer system which discharges
                      untreated storm water and raw sewage through 11
                      overflows.
                 Interstate cooperation with Massachusetts is essential
                      if the planning and implementation of a pollution
                     -abatement strategy is to succeed in Mt. Hope Bay.

                                         100

    D.   Rhode Island's SA waters are a valuable resource which deserve particular
         attention and protection; in spite of a high water quality classification,
         some of these areas appear to be threatened by eutrophication (a process in
         whi:h high nutrient input causes excessive plant growth whose decomposition
         may result in oxygen depletion).

         - SA waters need protection because:
                 these areas provide opportunities for recreational and
                      commercial shellfishing;
                 their aesthetic quality makes them desirable areas for
                      boating;
                 high water quality ensures habitat suitability for
                      aquatic life.

         - There is a need to monitor areas where eutrophication may be a
            growing problem. Examples of areas of concern include the Petta-
            quamscutt. River, Greenwich Bay, and Bullock's Cove.
                 Estuarine waters most susceptible to eutrophication
                      include those where flushing rates are low, (some
                      coastal ponds and sheltered embayments) and where
                      there is a plentiful supply of nutrients from
                      sources such as septic system leachate,runoff or
                      sewage from boats.
                 Eutrophication results from an imbalance in complex
                      ecological relationships. Thus, determining when
                      the potential for eutrophication exists is diffi-
                      cult.
                 Present monitoring techniques, which rely heavily on
                      dissolved oxygen measurements, only identify
                      eutrophication problems after oxygen depletion,
                      and thus ecological stress, has occurred.

    E.   The presence and accumulation of toxins, particularly metals and hydro-
         carbons, in Rhode Island's marine ecosystems poses a potential hazard
         to the viability and productivity of biological communities, including
         valuable fish and shellfish resources.

           Numerical criteria for allowable concentrations of these substances
            in the water column or in fish or shellfish intended for human con-
            sumption have not been established (with the exception of mercury
            concentrations in food items involved in interstate commerce).
                 The EPA has published guidelines for allowable levels of
                      many substances in Quality Criteria for Water (1976).
                 The Department of Health uses "alert levels" established
                      by the Federal Food and Drug Administration to deter-
                     ,mine when metal concentrations in shellfish exceed
                      those which could result from incorporation at natural
                      background levels.  Such information is used to iden-
                      tify new or increasing metal discharges.

                                           101

                  Metal concentrations in shellfish have also been used to
                        restrict areas  to  which shellfish may be transplanted
                        for depuration.
                  While lethal concentrations of these toxins have been deter-
                        mined for many organisms, synergistic effects with
                        other pollutants, and sub-lethal disruptions of physio-
                        logical processes and behavior patterns are not as well
                        understood. Transport and accumulation in the environ-
                        ment and through the food chain are under investigation.

              The lack of criteria, and the absence or expense of accurate methods
              of measurements have limited monitoring efforts.
                   The Department of Health, however, is increasing its moni-
                        toring of metals in known discharges.

              Summaries of.the available information on the distribution and con-
              centrations of metals, hydrocarbons, and PCB's in the waters, sedi-
              ments, and organisms of Rhode Island's coastal ecosystems gathered
              during investigations conducted by URI researchers, EPA, and the
              Department of'Health have been prepared as part of the Rhode Island
              Coastal Ecosystem Inventory

              The available data indicate that concentration gradients of all
              three substances increase toward the upper Bay and the Providence
              River.
                It has been estimated that 30-60% of the suspended hydrocar-
                        bons entering Narragansett Bay from the Providence River
                        are discharged from the Field's Point sewage treatment
                        plant.  (Van Vleet and Quinn, in press, 1977).
                   The major input of metals to the Bay is attributed to dis-
                        charges into municipal sewage systems from the jewelry
                        and metal working industries in the Providence Area.
                * PCB concentrations are also highest in the sediments near
                        the outfall from the Field's Point plant. Concentra-
                        tions are not at hazardous levels at this time. Pro-
                        hibitions on PCB discharges will prevent further
                        accumulation, although minor inputs could occur from
                        atmospheric input, sewage discharges, and drainage
                        from landfills.

           -  Metals, hydrocarbons, and PCB's accumulate in sediments; pollution
              will therefore continue to be a problem even after discharges have
              been eliminated.

              More information is needed on:
                   the impacts of both metals and hydrocarbons on fish and
                        shellfish resources;
                   possible human health hazards associated with consumption
                        of contaminated fish and shellfish (it should be
                        noted that depuration may not remove metal or hydro-
    *  0                  carbon contamination);

                                         102

                 the distribution of metals and hydrocarbons in areas which
                      have not previously been sampled;
                 the relative importance of different sources of these pol-
                      lutants.

    F.   Non-point sources of pollution are  a great    threat to coastal waters
        which are presently of high quality.

            Non-point sources of pollution include runoff, leachate from septic
            systems and landfills, marinas and dredging and spoil disposal.
                 Runoff and leachate from septic systems pose the greatest
                      potential hazard as development spreads to shoreline
                      areas bordering waters of high quality. (Additional
                      information on the impacts and present regulations
                      relating to these discharges is presented in the dis-
                      cussions of pollution sources).

           Non-point-sources are often difficult to control and regulate.
                There are few regulations governing runoff.
                Existing regulations for septic systems do not adequately
                    prevent nutrients from entering adjacent waterways,
                    and cannot prevent pollution from older, poorly
                    designed systems.
                Enforcement of pollution regulations applicable to
                     recreational boats is difficult.

         - The '208" Areawide Water Quality Management Program is assessing
            the impact of non-point sources and will develop a management
           plan for abatement. The study will be completed in 1978.

                                           103

    310.2  Municipal Wastewater Treatment Facilities

    310.2-1  FINDINGS:

    A.  Municipal wastewater treatment and disposal facilities are the major
        generators of pollution where severe water quality degradation has
        occurred in Rhode Island waters, including areas such as the Providence
        River, Mt. Hope Bay, and the Pawtuxet and Blackstone Rivers.

           These facilities discharge tremendous quantities of suspended
           solids, nutrients, organic material, micro-organisms, hydrocarbons,
           and other potentially toxic substances.

            Impacts of these discharges on the receiving waters include increased
           oxygen consumption, accelerated eut rophication, the presence of
           pathogenic organisms, the accumulation of toxic substances in sed-
           iments and organisms, increased turbidity, and alteration of sed-
           iment characteristics.

           As new facilities are built and existing systems are expanded to
           meet the goals of the Federal Water Pollution Control Act Amend-
          -ments of 1972, (FWPCA), the volume of and number of sites affected by
           these discharges is increasing. However, more stringent requirements
           on the level of treatment provided will reduce the total quantity of
           pollutants introduced to receiving waters.

           The volume of sewage sludge being generated is increasing and
           poses a difficult disposal problem. (The Areawide Water Quality Manage-
           ment Program includes a sludge management study).

        - The problems associated with combined sewer systems and industrial
           discharges into municipal facilities are discussed in the sections
           on Runoff (310.5-1) and Industrial Effluents (310.3-1) respectively.

    B.  23 of the 39 cities and towns in Rhode Island are serviced by 15 existing
        publicly owned wastewater treatment and/or disposal facilities. (See
        Figure 3-2 and Table 3-2).

        -  1 system (Jamestown) provides no treatment.
        - 7 of the facilities presently provide only primary treatment
             (See Table 3-3).
        - These 8 facilities will not meet the Environmental Protection
             Agency July 1, 1977 deadline for compliance with secondary
             treatment requirements.  Target compliance dates are
             shown in Table 3-3.
           - 2 of the existing facilities have average daily flows which
             exceed the designed capacity of the plant (See Table 3-3).
        - 4 communities- (Providence, Pawtucket, Central Falls, and Newport)
             have combined sewer systems.
        -  Facilities in the construction and planning stages are shown
             in Figure 3-2 and Table 3-2.

                                                         FIGURE 3-2

                                           MA&          "208" AREA

                         North so"Ial ISbid        EXISTING  AND PROPOSED
                                   *  ;=        : MAJOR  PUBLICLY-OWNED

                           '--'-- :               WASTEWATER  TREATMENT

                           Smithfield   L,,,iSal  "- CentraI   FACILITIES
                             -c---~~~~~~~~~~~~al

                            -                             JUNE,  1977-

                                          '( Pie ~  '     EXISTING FACILIT Y
               A1 ScituateA
                  Poster II ~~~~~~~UNDER CONSTRUCTION

                                      Cranst ~ ~               SEWER SERVICE

            Coventry

          West Grseewich

     Nepki~ ~ . ...                othtnte                             ivot-

         I ighmond
              I ~ ~    ~    ~     1U
          Hopki~~~~~~~~~~CIrdnton )

    ir b
              Charletown arnet

           Source: Draft inventory prepared by the AreawideNo
           Water Quality Management Program.

                                      Table 3-2
                        Existing and Proposed Publicly Owned
                          Wastewater Treatment Facilities
                                (Key to Figure 3-2)

    EXISTING (Level of Treatment)

        1.  BVDC (secondary)
        2.  Bristol (primary)
        3. Cranston (secondary)
        4. East Greenwich (secondary/tertiary)
        5. East Providence (secondary)
        6.  Narragansett-Scarborough (primary)
        7. Newport (primary)
        8. Providence (secondary)(not operating at secondary)
        9. South Kingstown-Narragansett (secondary)
       10.  Warren (primary)
       11. Warwick (secondary)
       12.  Westerly (primary)
       13.  West Warwick (secondary)
       14.  Woonsocket (secondary)
       15. New Shoreham (advanced using microstrainers)
       19. Quonset (existing primary plant to be abandoned, new secondary
               facility planned at different location at Quonset)

    UNDER CONSTRUCTION (Level of Treatment)

       12. Westerly (upgrade to secondary)
       16.  Smithfield (advanced using microstrainers)
       17.  Burrillville (secondary and phosphorusremoval)
       18.  Jamestown (secondary)

    PLANNED (Level of Treatment)

        2. Bristol (upgrade to secondary)
        3. Cranston (upgrade to advanced with nitrate removal)
        6. Narragansett-Scarborough (upgrade to secondary)
        7. Newport (upgrade to secondary)
       10. Warren (upgrade to secondary)
       19.  Quonset-North Kingstown (secondary)

            SOURCE:  Modified from Inventory of Municipal Wastewater Treatment
                    Facilities prepared by the Areawide Water Quality Manage-
                    ment Program.

                                                                                 Table 3-3
                                                                           SUMMARY OF SELECTED DATA
                                                                ON MUNICIPAL W1ASTEWATER TREATMENT FACILITIES

                            POPULA-      APPROX. %    DESIGN    AVG.DAILY
        TREATMENT            TION       POPULATION       FLOW,       FLOW,           RECEIVING          WATER QUALITY            LEVEL OF TREATMENT                  TARGET
        FACILITY           1975 EST.      SERVED         MGD       1976, MGD           WATER          EXISTING   CLASS.    PRESENT                 PROPOSED           DATE

    BLACKSTONE VALLEY                                                                                                        Secondary-
    DISTRICT COMM.   (1)                                31.0         20,46         Seekonk River          SC         SC      Activ.Sludge       Modifications          1981
     -Central Falls          17,900         100%                      2.29                                                                       to existing
     -Cumberland             27,900          29%                      0.76                                                                      system to meet
     -E.Providence          11,700           55%                      2.28                                                                       effluent standards
        (Rumford)                                                                                                                               and operate at
     - Lincoln              17,700           16%                      2.23                                                                      design capacity
     - Pawtucket             74,000          98%                     12.90

    BRISTOL           (2)   18,700           78%         3.0          1.97         Bristol Harbor         SC         SC      Primary             Secondary             1981

    CRANSTON          (3)   78,000           91%        11.4         10.90         Pawtuxet River          D          C      Secondary-          Secondary-            1982
                                                                                                                          Activ.Sludge       nitrogen removal
                                                                                                                                              in summer

    EAST GREENWICH   (4)   10,600            35%         0.512        0.499        Greenwich Cove         SC         SC      Secondary -         Study pending
                                                                                                                          trickling fil-
                                                                                                                           ters - sand
                                                                                                                           filters in summer

    EAST PROVIDENCE  (5)   39,100            97%        10.4          5.70         Providence             SC         SC      Secondary -         Secondary -           1977 (in
     (excl. Rumford)                                                                 River                                  trickling filters  Activ.Sludge          operatinn)

    JAMESTOWN        (18)   3,600            48%         --             _          Narragansett            *         **          None            Secondary -           1979
                                                                                       Bay                                                    Activ. Sludge

    NARRAGANSETT      (6)   3,150            80%         0.288        0.252        Narragansett           SB         SB        Primary           Secondary             1980
    (Scarborough)           (1970)                                                      Bay              .

      Source:    Draft  inventory  prepared  by  the Areawide  Water  Quality  Management  Program

                                                                               TABLE  9-   (continued).
                                                                        SUMMARY OF SELECTED DATA
                                                             ON MUNICIPAL WASTEWATER TREATMENT FACILITIES

                            POPULA-     APPROX. X    DESIGN    AVG.DAILY
        TREATMENT            TION      POPULATION      FLOW,       FLOW,          RECEIVING          WATER QUALITY          LEVEL OF TREATMENT                TARGET
       FACILITY            1975 EST.      SERVED       MCD       1976. MGD          WATER          EXISTING  CLASS.    PRESENT                PROPOSED          DATE

    NEWPORT           (7)                              7.60       8.02        Narragansett Bay        SC         SC      Primary              Secondary         1981
    -Newport                30,000         90%                    5.35
    -Middletown             15,600         77%                    1.04
    -U.S. Navy             Unknown         Unknown                1.63

    PROVIDENCE        (8)                              60.00     62.17        Providence River        SD         SC     Secondary -        Facilities Plan      1983(?)
    -Cranston (industry)                      .--                 0.53                                                  Activ.Sludge       to be completed
    -Johnston               23,800         51%                    2.03                                                                     in 1978
    -N.Providence           26,800         90%                    9.39
    -Providence            168,100        100%                   50.22

    QUONSET         (19)    6,000          --           2.35      0.59        Narragansett Bay        SC         SC     Primary            Existing plant to   1982
                                                                                                                                       be abandoned; New
                                                                                                                                       secondary facility
                                                                                                                                       planned at different
                                                                                                                                       location

    SOUTH KINGSTOWN-                       --           4.13       --         Rhode Island Sound      SC         SC     Secondary                              Started
     NARRAGANSETT    (9)                                                                                                                                       operation
                                                                                                                                                           in May, 1977

    WARREN           (10)   10,600         82%          3.2       1.34          Warren River          SC         SC     Primary            Secondary -          1980
                                                                                                                                       Activ.Sludge

    WARWICK          (11)   88,700         11%          5.2       0.97          Pawtuxet River         D          C     Secondary          Secondary -          Fac.Plan
                                                                                                                                       nitrogen removal   ached. for
                                                                                                                                       in summer           FY 77  ***

    WESTERLY          (11)  18,200         64-          2.16      0.84          Pawcatuck River       SC         SC     Primary            Secondary -           5/78
                                                                                                                                       Activ. Sludge

                                                                              TABLE, 33  (continued)
                                                                       SUMMARY OF SELECTED DATA
                                                            ON MUNICIPAL WASTEWATER TREATMENT FACILITIES

                          POPULA-     APPROX. %    DESIGN    AVG.DAILY
       TREATMENT           TION       POPULATION      FLOW,       FLOW,          RECEIVING          WATER QUALITY           LEVEL OF TREATMENT                TARGET
       FACILITY           1975 EST.     SERVED        MGD       1976, MGD          WATER          EXISTING   CLASS.    PRESENT               PROPOSED          DATE

    WEST WARWICK   (13)    26,000          83%         5.0         2.55         Pawtuxet River          C        C       Secondary         Secondary -          ***
                                                                                                                                      nitrogen
                                                                                                                                      removal in
                                                                                                                                      summer

    WOONSOCKET     (14)    48,500          96%        11.0         6.67       Blackstone River          D        C      Primary            Secondary -          8/77          CO
                                                                                                                                      Activ. Sludge

    NOTES TO TABLE 3:

       * Existing raw sewage discharges are now into Class SC waters
          Proposed location for treatment facility discharge is now SA
      ** Proposed facility will upgrade areas classified SC to SB and an area classified SB to SA
     *** Compliance date is dependent upon establishment of treatment facility effluent limitations by RI Division of Water Pollution Control

       (  Number in parentheses refers to listings in Table3-2and on Figure3-2

    Population Estimates from R.I. Statewide Planning Program, Technical Report Number 25, R.I. Population Projections
    All other data compiled from engineering reports, 201 facilities plans, 303(e) Water Quality Management Plans, and Dept. of Health reports and files.

                                            109

    C. While state and federal regulations exist to reduce water quality degra-
        dation from municipal wastewater facilities, implementation is slowed by
        lengthy planning studies, bureaucratic delays and economic obstacles.

           Programs initiated under FWPCA to control these discharges include:
                effluent limitations imposed through National Pollutant Discharge
                  Elimination System (NPDES) permits
                federal funding for planning and construction projects for
                  new and existing facilities.
                planning efforts under sections 201, 208 and 303 to assess
                  needs and priorities for abatement programs (See Section 310.7-1).

           Increased public awareness of the need forimprovements and the costs
           involved is essential to generate public support of local funding
           contributions.

         - Solutions to the massive problems in the Providence area will require
           funding beyond what is affordable by the City of Providence.

                                           110

    310.3 Industrial Effluents

    310.3-1 FINDINGS:

    A. Industrial facilities are an essential cornerstone of the Rhode Island
        economy, providing about one third of the state's total employment
        (see Section 540

        - Most of Rhode Island's industries are clustered in the urbanized
          part of the state, at the head of Narragansett Bay.

        - Rhode Island's major industries produce jewelry, primary metal and
          machinery products, fabricated metals, rubber products and textiles.
              Many of the state's manufacturing industries are small operations
              with an average of only 43 employees per establishment.

    B. Industrial effluents are a major source of pollution to Rhode Island's
        coastal waters.

        - The effluents from some 93% of the state's industries eventually
          enter Narragansett Bay.

        - Over half of the point source discharges to the Narragansett Bay and
          Pawcatuck Basins are from industrial sources.
              Industrial effluents from 8 sources are included in the 20
             most severe discharges to the Narragansett Bay basin.

    C. Industrial effluents may contain a host of toxic substances such as oil
       and grease, heavy metals and synthetic chemicals; they may have high
        nutrient concentrations and Biochemical Oxygen Demand (BOD); and/or
        be discharged at elevated temperatures.

        - The environmental impacts on water quality, marine organisms and
          the long-term productivity of marine systems are not understood
          in detail, but numerous adverse impacts have been demonstrated;
          these are discussed in Quality Criteria for-Water published by
          EPA (1976).

         Adverse impacts resulting from industrial effluent discharges can
         occur at sites remote from the discharge.
             When industrial effluents discharged into rivers are carried
              into coastal waters, sediments and pollutants adhering to
             them are often deposited where fresh and salt water mix.

              .  Industrial effluents which discharge into the Ten Mile and
                      Pawtuxet Rivers are major sources of pollution to
                     Narragansett Bay,

    D.   About 60% of the industries in Rhode Island discharge their effluents
         into municipal treatment plants, primarily the Providence Sewage
        Treatment Plant and the Blackstone Valley District Commission Treat-
        ment Plant.

           Municipal treatment plants usually cannot adequately treat indus-
            trial effluents.
                Toxins, such as heavy metals and hydrocarbons are only partially removed
                  in sewage treatment plants and in some cases can interfere
                     with the proper functioning of the plant.

    E.   Thus pretreatment of industrial wastes prior to discharge to a municipal
        treatment plant is often essential; however construction of pretreatment
        facilities  is expensive and may require physical expansion of an indus-
        trial facility.

        -  Small firms, often do not have the capital to install pretreatment
           facilities.

        - Additional land may be required to construct pretreatment facilities.
                Land for expansion is in short supply and is often prohibitively
                     expensive in the state's older urban areas where most indus-
                      try is located.
              . Small industries may be forced out of business if pretreatment
                      standards do not consider their special problems.

    F.   Pollution caused by industrial effluent discharges will decrease in the
        future.  State and federal regulatory programs already in place or slated
        for adoption will go far towards abating this presently severe pollution
        problem.

            Industrial effluents directly discharged into water bodies are con-
            trolled by existing federal and state regulations.
                The NPDES (National Pollutant Discharge Elimination System)
                      permits program, implemented by the EPA, is a primary
                     mechanism through which the goals of the Water Pollution
                      Control Act Amendments of 1972, (FWPCA), Section 402 will be
                     achieved.  There are 151 discharges in Rhode Island that
                      are regulated by NPDES permits.
                The anti-degradation clause of the state's water quality
                      criteria restricts new discharges into class A,B,SA,
                      and SB waters.

                                       112

            EPA is presently developing pretreatment standards for 21 categories
            of industry known to produce highly polluted effluents.
                 Standards for the metal plating industry were scheduled for
                      adoption this summer, but they will probably be delayed
                      until late 1977.
                 Adoption of such standards will have a large impact on the
                      metal plating industry in Rhode Island for the reasons
                      cited in Finding E.

            Simultaneously EPA is developing a nationwide pretreatment program
            establishing effluent limitations for all industries discharging
            into municipal sewage treatment plants.
                 Policies are slated for adoption in late 1977 and could
                      require compliance by 159 discharges in Rhode Island.
                 EPA has proposed four options for this pretreatment program
                      that suggest alternatives for how and by whom the
                      regulations will be enforced; all options consider the
                      following factors for the development of standards:
                      1) available technology and economic feasibility.
                      2) the level of pretreatment required to prevent
                         interference with sewage treatment plant opera-
                         tions.
                      3) the degree of treatment provided by municipal
                         plants.

    G.   Considerable planning is taking place at the state level to meet the
        goals of the FWPCA amendments of 1972.

            The  River Basin Plans prepared by the Statewide Planning Program under
           the direction of the Department of Health set forth priorities, strategies
           and timetables for controlling direct discharges of industrial pollutants
           to the state's waters.
           The Areawide Water Quality   Management Program ("208')i.s planning
            for pretreatment program implementation by working closely with
            industry to develop economically feasible pollution abatement pro-
           grams and with municipalities to modify sewer ordinances to comply
           with pretreatment regulations.

                                              113

    310.4; Septic Systems

    310.4-1 FINDINGS:

    A. Leachate from individual septic systems is an important source of pollu-
        tion in many unsewered coastal residential areas.

        - Leachate rich in nutrients such as nitrate can seep into coastal
          waters. These nutrients may cause an increase in the
          abundance of phytoplankton and macroalgae and result in
          eutrophication.  A severe nuisance is created if the algae
          decompose at the surface or along the shore.  Such conditions
          occur regularly in some salt ponds and areas of Narragansett Bay.

        - Nitrates released into the ground below the root zone have been
          found to travel more than 200' through the soil.
              Nitrates are one of the major nutrients limiting phytoplankton
              growth in Narragansett Bay.
             A family of 4 releases approximately 72 pounds of nitrogen
              per year to a septic system.  Natural inputs of nitrogen
              from the atmosphere and decomposition are approximately
              12 pounds per acre.  Thus, houses on half-acre lots may
              introduce 12 times the natural nitrogen levels through
              septic systems.

        - The existing 50' setback for all septic systems from open bodies of
         water required by the Department of Health is insufficient in many
          soil types to prevent the release of nutrients.

        - Septic systems that meet all state standards and that are in good
          working condition can therefore release nutrients into coastal
          waters.

        - Failing septic systems pose an additional hazard due to the release
          of pathogens as well as nutrients.
            * There are many older homes where inadequate sewage disposal
              facilities were installed before the current state regulations
              went into effect.
              Recommended maintenance procedures are often ignored and
              cannot be readily enforced.
             The need for repair is often difficult to detect.
            � The conversion of summer homes to year-round residences may
              cause failures from overuse.

              Ground waters may also be contaminated by septic systems.
              High nitrate content or the presence of pathogenic organisms
              from sewage can create severe health hazards if present in
              drinking water supplies.

        - The problem is of major significance since half of the state's
          coastal communities do not have municipal sewage treatment facili--
          ties and residential development in coastal areas is increasing.

                                      114~

    B.   Precise information does not exist to determine specific siting criteria
        which will in all cases prevent the release of polluted leachate. Enough
         is known however, to improve upon the present state regulations which
         rely on a percolation test. Additional factors which determine effec-
         tiveness of septic systems include:

         - the ability of soil types present throughout the leaching area
            to remove pollutants,

         - the degree and direction of slope in the leaching area,

         - flood hazards,

         - depth to and fluctuations of the water table,

         - depth to bedrock,

         - the presence of filled land,

         - and the density of housing.

    C.   The A reaw ide Wa te r QualIi ty, Management  Program is studying
         septic systems as a non-point source of pollution. An inventory of
         reported septic system failures monitoring data from the Department of
         Health, and results from a soil survey will be used to identify and
         assess pollution problems related to septic systems. andto develop manage-
         ment regulations and policies for their abatement and prevention.

      310.5 Runoff

     310.5-1  FINDINGS:

     A. Runoff is a significant factor affecting Rhode Island's coastal water
         because Narragansett Bay and Rhode Island and Block Island Sounds
         ultimately receive the drainage from most of Rhode Island and parts
         of Massachusetts.

      B. Although little quantitative information is available, the impact of
         pollution from urban runoff is believed to be a major problem contribu-
          ting to the chronic degradation of water quality iin Upper Narragansett
         Bay and in other heavily developed urban areas.

         - Studies in other parts of the country have shown that during periods
           of high runoff, greater water quality degradation occurs as a result
           of urban runoff than from municipal sewage discharges, due to the
           contaminants carried by the runoff, such as solids, organic
           material, metals, nutrients, salt, hydrocarbons, and micro-organisms.

         - Soils carried in runoff from construction sites are a major source
           of sediments.

         - Runoff from urban areas is collected in storm sewer systems which
           may be separate from or combined with sanitary sewers.
             . Runoff in separated storm sewer systems is usually
                discharged dlrectly into nearby waterways without treatment.
              . Combined sewer systems are designed to collect and treat
                 runoff with sanitary sewage during periods of low flow.
                However, under rainy conditions, the capacity of the treat-
                ment plant, or interceptor system is often exceeded and
                overflow runoff combined with raw sewage is discharged without
                treatment.  There are four municipalities in Rhode Island
                with combined sewer systems:  Providence, Newport, Central
                 Falls and Pawtucket.

         - As development spreads to less urbanized areas where water quality
            is higher, the significance of the impacts of runoff may increase.

         - Many factors affect the volume and composition of runoff from
           developed areas including precipitation characteristics, porosity
           of ground cover, degree and type of development, and street cleaning
           and road salting practices.

    0~~.

               In considering means of controlling pollution from runoff, it must
              be recognized that:
                   methods are available to reduce the quantity and to improve
                      the quality of runoff reaching storm systems, as well
                     as to store and later provide some form of treatment to
                      the collected runoff.
                    treating large and rapidly fluctuating volumes of storm water
                      is technically difficult and therefore expensive.
                    tremendous costs are involved in separating and/or providing
                      treatment for the wastewater currently collected in older,
                      extensive combined sewer systems such as in Providence.
                    methods are available to control soil erosion from
                    construction sites, but with the exception of highway
                    projects, there are no requirements to use them.

    C.  Runoff problems in rural areas are distinctly different from those in
        urban areas in the types of pollution which are generated and in means
       of control.

            - The major impacts of runoff in rural areas are erosion and sedi-
               mentation associated with agricultural and construction activities.

            - The limited amount of agriculture which takes place in Rhode Island
              'reduces the magnitude of associated runoff problems. In addition to
               soil, agricultural runoff may include organic material, nutrients
               and toxic pesticides.  While many pesticides have long-lasting
               residues, most of the pesticides commonly used for farming in
               Rhode Island have little or no mobility in soil (see Table 3-4) and
               thus are less likely to be contained in runoff if properly applied.
               (Atmospheric drift of the pesticides during spraying however, may
               transport them to coastal ecosystems). A study of nitrate mobility
               in potato and turf fields conducted at the University of Rhode Island
               indicated that very little of the surface applied nutrient pene-
               trated more than .l0!.into the soil and that concentrations in a
               nearby.pond were not increased even after rain.

               The major  concern of the Council regarding agricultural runoff is
               in areas where farming activities are adjacent to coastal ponds or
               sheltered'coves which may be sensitive to nutrient enrichment or
               sedimentation.

               Erosion and sedimentation resulting from poorly managed construction
               projects may have temporary, local impacts on marine ecosystems.
               Longer term impacts, including alteration of bottom communities and
               shoaling, may be caused by large scale construction activities such
               as highway development if excessive sedimentation occurs. Data
               from the U.S. Soil Conservation Service indicates that in Rhode Island
               the gross erosion rate for all construction sites is approximately
               3 times greater than the rate from unprotected (no conservation
               measures) agricultural cropland.

                                             117

                                   Table  3 - 4

                AGRICULTURAL PESTICIDES COMMONLY USED IN RHODE ISLAND

    CROP         PESTICIDE         TIME                  SOIL MOBILITY*   RATE OF DEGRADATION

    Potatoes    Guthion          May, June, July            little             14 days
                Temik           May                     *     **              90 days
                Furadan         May, June                   ***              45 days
                Sevin           May to September           little             4 days
                Copper & Zinc
                  Fungicides    all summer                   none           4 - 14 days
                Eptam (weeds)  May, June                     **               14 days

    Nursery      Chlordane       Sept. in soil               none               1 year
                Sevin           all summer        -        little              4 days
                Furadan         June                                          45 days
                Malathion       all summer                  none               I day

                Simazine &
                 Casoron        Fall & Spring              little              6 months

    Vegetable   Diazinon         Spring-soil                little             14 days
                Lannate         July to August             little              3 days
                Malathion       June to July                none               1 day

                Sevin           June to Sept.              little              4 days
                Methoxychlor   June to Sept.               little            _7 days
                Weed chemicals                             little.             various

    Dairy        Furadan   1    May                          ***               45 days
                Dyfonate        May                          **               14 days
                Lannate
                 Atrazine &
                  Lasso          May                        little            1 - 6 months

         All pesticides are subject to runoff when surface applied.
     **  Soil incorporated and does not leach.
    ***  Soil incorporated and tied up in plant.

    Source:
    J.  Lincoln Pearson, Assoc. Prof.
    Pesticide Coordinator
    Department of Plant and Soil Science, UIRI

                                          Ila

               Control of erosion and sedimentation may be largely achieved through
               careful land use management. The U.S. Soil Conservation Service
             *has published a Rhode Island Erosion and Sediment Control Handbook
              which describes practices which will reduce erosion, especially
               those associated with construction projects.

              The U.S. Agricultural Stabilization and Conservation Service provides
              cost-share assistance to prevent and control soil erosion on
               Rhode Island farms.

    D. There are presently few regulations controlling runoff discharges or
       erosion and sedimentation in Rhode Island.

             -The Areawide Water Quality Management Program is studying runoff
               problems throughout the state. Elements of this program include:
                  *An assessment of the sources, quantity, and composition of
                         urban and rural runoff;
                  *Identification of the major runoff sources on Non-point
                         Sources of Pollution Maps;
                  *As assessment of the impact of runoff on water quality;
                  *Consideration of alternative structural and non-structural
                         methods to control runoff;
                  *Recommendation of a management program for abatement of
                         runoff related pollution.

            -  EPA is formulating regulations for General Permits under the
               National Pollutant Discharge Elimination System   which will
               include stormwater discharges.

             -Stormsewer discharges are not considered under the antidegradation
               clause of the state's Water Quality Criteria which restricts new
               discharges in Class SA and SB, waters.

             -The Department of Transportation specifies procedures for the
               Prevention, Contra] and Abatement of Water Pollution in their
               Standard Specifications for Road and Bridge Construction.   These
               regulations minimize erosion and sedimentation during the construction
               process and apply to any state and/or federally funded highway
               project. The Department of Transportation also wo~ks with the
               Department of Environmental Management, the Council, and the Department
               of Health in designing the location, size and controls, such as
               siltation basins, of highway drainage systems, taking into
               consideration the nature of the receiving waters.

                                             119

             310.6  Solid Waste Disposal Facilities

             310.6-1  FINDINGS:

             A.   On a statewide basis there will be a need for additional sites or facil-
                   ities for solid waste disposal in the near future.

                     1/3 of the currently used landfills have an expected usable life
                     of less than 10 years; more than half of Rhode Island 's coastal communities
                     can expect to have to find new sites for solid waste disposal
                     during that time.

                     Some landfills may be closed for failure to meet licensing standards
                     issued in 1975. Reasons include poor siting, design, and operating
                     procedures.

                     Under requirements of the Federal Resource Conservation and Recovery
                     Act of 1976, disposal of hazardous wastes will come under stricter
                      regulation, and existing sites may not be acceptable.

                     The amount of sewage sludge being generated is increasing as the
                     volume of wastewater being treated and the degree of waste removal
                      increases.

                  -  Burying refuse in landfills wastes valuable potential energy resources
                     as well as large volumes of materials such as paper, glass, and metals
                     which could be profitably recovered and reused.

             B.   The most severe environmental hazard associated with landfill operations
                   is the contamination of ground water or surface waters.

                      Contaminants may include high mineral content, toxic chemicals,
                      pathogens, or high organic or nutrient content originating from
                     materials placed in the landfill or their degradation products.

                     The contaminants are transported as leachate as water percolates
                      through the buried refuse.  Problems result when excessive amounts
                     of water drain through the landfill or the surrounding soil is
                      inadequate in quantity or quality to effectively remove pollutants.
                      Thus factors affecting the pollution potential of a landfill oper-
                      ation include proximity to the water table or surface water, drain-
                      age patterns, soil type, design and management of the operation.

                     Aesthetic degradation, including odor and litter problems, often
                      accompanies landfill operations.

    ::0;f0:A:a::X                                          \A

            Landfill operations destroy the natural landscape and habitat.
            Presantly only 1/4 of Rhode Island landfills have a planned reuse
            for the site.

    C.   The siting of new landfill operations or the development of alternative
        methods of solid waste disposal is presently very difficult for indi-
        vidual towns.

         - Rhode Island is a small, densely populated state in which environ-
           mentally acceptable sites are limited by other land use demands.

          - Coastal communities, which include large wetland areas, have the
           most severe problems in finding landfill sites.

          - The economic uncertainties associated with plans for future resource
           recovery operations in Rhode island under.the direction~of the Solid
           Waste Management Corporation (SWMC) hamper:the planning effortsof towns
           which must formulate solid waste management programs before the plans
           of the SWMC are finalized.

          - Landfill siting proposals nearly always encounter strong public
           opposition.

    D.   Planning for and regulation of solid waste management activities in
         Rhode Island is improv!ng.

         - Landfill operations in Rhode Island have been loosely controlled
            in the past with the result that some surface and groundwaters may
            be threatened.
                More than 1/2 of all operating and closed landfills were
                      located in marsh or swampland or extend below the
                      water table.

         -  The Division of Solid Waste Management of the Department of Health
            now regulates the siting, design, and operation of         landfills through
            a licensing program established in 1975, and may require monitoring
            of leachate and inspections.

         -  The Solid Waste Management Corporation is mandated to develop a resource
            recovery plan for the state. It is expected that a recovery facility
            will be operating by 1981. Participation in this program by individual
            towns is voluntary except for those electing to dispose of their solid
            wastes outside of their own boundaries.

                                           121

                 Under the federal Resource Conservation and Recovery Act of 1976,
                 the EPA will develop guidelines for recovery of energy and other
                 resources from refuse and for the safe disposal of discarded mat-
                 erials, and will promulgate criteria for the identification of
                 hazardous wastes and regulations controlling their generation, trans-
                 portation, treatment, storage, and disposal. The schedule for the
                 development and implementation of the elements of this program are
                 shown in Table 3-5.

                 The Areawide.Water Quality.   Management Program ("208"')
                 being conducted by the Statewide Planning'Program will inventory
                 and assess existing and potential surface and ground water pollu-
                 tion problems associated with landfills, investigate alternative
                 methods for alleviating existing problems and preventing future
                 ones, and recommend a management program.

           0~~

    0i

                                                          TABLE 3-5

                                      DEADLINES FOR REGULATIONS TO BE PROMULGATED UNDER THE RESOURCE CONSERVATION

                                                                    AND RECOVERY ACT

                                                       (Date of Enactment - October 22, 1976)

    April 1977              October 1977                  April 1978               October 1978                    October 1984

    EPA guidelines for      EPA guidelines describing   EPA guidelines for         Local elected officials of    All open
    identifying areas for  the technical and economic  solid waste plans           state identified interstate   dumps must be
    regional solid waste   level of performance                                    region for solid waste          closed
    management              attained by solid waste       State identifies         management must designate
                           management practices         agency to develop         agency to develop plan
                                                         state plan, agencies
                           EPA regulations with         to implement plan,        EPA guidelines describing
                           criteria for classifying    functions that will        performance,,control and
                           open dumps and sanitary       be carried out by        environmental impact of
                            landfills                    regional or local         solid wa~ste management
                                                         authorities              practices
                           State regulations
                            identifying areas for        EPA criteria              EPA inventory of open
                            regional solid waste         identifying               dump sites
                           management                   characteristics of
                                                         listing hazardous        Standards and required
                                                         wastes                   permits for hazardous
                                                                                  waste management
                                                         EPA standards for        takes effect
                                                         generators and
                                                         transporters of          Department of Commerce
                                                         hazardous waste          guidelines describing
                                                                                  materials recovered from
                                                         EPA standards for        waste
                                                         treatment, storage
                                                         and disposal of          Department of Commerce
                                                         hazardous wastes         identify markets for
                                                                                  recovered materials and
                                                         EPA guidelines           barriers to their use
                                                         for state hazardous
                                                         waste programs

                                                         EPA's prohibition
                                                         against establishing
                                                         open dumps takes
                         *                               ~~~~~~~~~~effect

                                           123

    310C.   Planning and Regulatory Responsibilities

    310.7-1  FINDINGS:

    A. Under Title 46, Chapter 23, Section 1, of the General Laws it is mandated
        that the primary guiding principle of the Council in managing the state's
        coastal resources shall be the "preservation and restoratibon of ecolo-
        gical systems," and that it shall be the policy of the state to "preserve,
        protect, develop and where possible, restore the coastal resources of
        the state for this and succeeding generations through comprehensive and
        coordinated long-range planning and management designed to produce the
        maximum benefit for society.... '

    B. To fulfill that charge the General Assembly delegated to the Council
        final authority to "approve, modify, set conditions for, or reject the
        design, location, construction, alteration and operation of specified
        activities or land uses (including sewage treatment and disposal and
        solid waste disposal facilities) when these are related to a water area
        under the agency's jurisdiction, regardless of their actual location."

    C. The Council is charged to exercise its regulatory authorities regarding
        sewage treatment and disposal and solid waste disposal in situations
        in which there is a reasonable probability that a proposal shall:

             - Conflict with a Council plan or program for resources management;
             - Make any area unsuitable for any uses or activities to which it is
               allocated by a Council Plan or Program; or
             - Significantly damage the environment of the coastal region.

    D. In discharging the responsibilities set forth in C above, the Council finds
        that most effective management may be attained by following the procedures
        outlined below:
             (a)  A Council permit shall be required for any sewage treatment or
                  disposal facility or solid waste facility that would be placed:
                  within 200 feet of tidal waters or a coastal physiographic fea-
                  ture.
             (b)  The Council shall review all applications for sewage treatment
                  and disposal facilities or solid waste facility within the
                  coastal region.  For administrative purposes, these shall
                  include all applications within those cities and towns that
                  abut tidal waters (this shall include a greater area than the
                  coastal region as it has been defined for inventory and planning
                  procedures).
             (c)  The Council shall review all applications for sewage treatment
                  and disposal facilities or solid waste facility within the
                  state but beyond the coastal region where these are related
                  to major facilities.

    E.  The Council is specifically charged to incorporateate water quality standards
        set by the Department of Health into the formulation and implementation:
        of its Management Policies.  The Council, is also mandated by its enabling
        legislation to address other basic standards and criteria.  These are:

                                         124

             - The need and demand for various activities and their impact upon
               ecological systems;
             - The degree of compatibility of various activities;
             - The capability of coastal resources to support various activities;
             - Consideration of plans, studies, surveys, inventories, and so
               forth prepared by other public and private sources;
               Consideration of contiguous land uses and transportation facilities;
               and
             - Consistency with the State Guide Plan.

       These broad considerations are addressed in the development of specific
        Policies and Regulations. Any proposal or activity which does not meet
        the requisite burdens imposed by the applicable Policies and Regulations
       will be modified, conditioned or denied by the Council0

    F. The Council finds that a number of other state and local agencies exercise
       planning and regulatory functions relative to sewage treatment and
       disposal, solid waste disposal and water pollution abatement in general.
       These agencies and their respective functions are as follows:

             - Department of Health,
               Division of Water Pollution Control:
                 Under Title  46, Chapter 12 of the General Laws the Division
                  is responsible for implementing the various provisions of
                  the Federal Water Pollution Control Act.
                T These include authority to establish water quality criteria
                 and classifications and to regulate water uses consistently
                 with these classifications;
                o Water quality monitoring;
                 Regulation through permitting authorities over industrial
                 and municipal sewage disposal and treatment systems;
                 Review and certification of federal permits under the
                 National Pollutant Discharge Elimination System;
                  Regulation of oily discharges into state waters including
                  handling and storage of petroleum products;
                0 Establishing needs and priorities for allocation of federal
                 construction grants for municipal wastewater treatment
                 facilities.

              Division of Solid Waste Management:
                * Under Title 23 Chapter 46, of the General Laws the Division
                  is responsible through its licensing authority for regulating
                  the siting, operation and monitoring of sanitary landfills,
                  incinerators, transfer stations, resource recovery facilities,
                 and other solid waste management facilities.

              Division of Food Protection and Sanitation:
                � Under Title 23, Chapter 1, of the General Laws the Division
                  is responsible for setting standards and conducting monitoring
                 programs for those areas and activities (including bathing
                 beaches and shellfishing) where human health is of concern.
                  It has the authority to open and close these beds and/or
                 beaches as sanitary conditions dictate.  The Division is
                 also responsible for approving the design and location of
                 all individual subsurface sewage disposal systems.

                                 125

    Statewide Planning Program
    Areawide Water Quality Management Planning Program
      *  Under section 208 of the Federal Water Pollution Control
             Act the state is required to "identify each area
              within the state which, as a result of urban-industrial
              concentrations or other factors, has substantial water
              quality problems."
         By Executive Order, the entire state of Rhode Island and the
              neighboring Massachusetts communities of Blackstone and
              Millville were designated as the 208 planning area and
              the Rhode Island Statewide Planning Program was desig-
              nated as the responsible planning agency.
         Objectives of the 208 planning program include the identifi-
              cation and exploration of alternatives for meeting
              wastewater treatment needs in the area, the development
              of a water-related land use plan, and the recommendation
              of implementing actions such as regulations and struc-
              tural and non-structural pollution abatement strategies
         Long-range planning and the assessment of non-point sources
              of pollution distinguish the planning efforts of the
              208 program from those of other state agencies concerned
              with water quality.

    River Basin Planning Program
         Under section 303 of the Federal Water Pollution Control Act,
              the state is required to have a Continuing Planning
              Process which guides the state in the implementation of
              programs and abatement projects aimed at meeting water
              quality goals.
          To facilitate this process, Water Quality Management Plans
               for each of the seven major river basins in the state
               have been prepared and are being updated by the
               Statewide Planning Program for the Department of Health.
               Each plan examines in detail existing water quality and
               sources of pollution and establishes abatement strategies,
               priorities and timetables.

    State Guide Plan
         By Executive Order the Statewide Planning Program was designated
         as the agency responsible for preparing a long-range State Guide
         Plan that provides for the physical, economic, and social development
         of the State.
         Included as an element of the Guide Plan is the State Land Use
        Policies and Plan.  This plan includes goals, policies, and
         recommendations aimed at reducing water pollution and protecting
         water  resources which are presently unpolluted.
    Solid Waste Management Corporation
         Under Title 23, Chapter 46, of the General Laws the Corpor-
         ation is mandated to develop long range resource recovery
         plans for the state and to build and operate recovery facilities.

                                            126

             -  State Conservation Committee
                      Under Title 2, Chapter 4 of the General Laws, the Committee
                     has the authority to require on site retention of soil
                     sediments.

                Cities and Towns
                     Under Section 201 of the Federal Water Pollution Control Act,
                     cities and towns prepare detailed facilities plans as needed
                      for proposed new or expanded municipal wastewater treatment
                      facilities and systems. The plans must assess the
                     environmental impacts and cost-effectiveness of various
                     alternatives for meeting community wastewater disposal needs.
                   . Some coastal cities and towns, for example,South Kingstown, have
                     ordinances regulating the siting of septic systems.

    G. The  Council finds that several federal agencies have regulatory and
       enforcement authorities relating to pollution abatement in Rhode Island.

                The Environmental Protection Agency (EPA) plays a key role:
                      in overseeing state actions toward implementation of the
                      requirements of the Federal Water Pollution Control Act,
                      in issuing discharge permits under the National Pollutant
                       Discharge Elimination System (NPDES),
                      in allocating federal funds for planning and construc-
                        tion of municipal wastewater treatment facilities, and
                      in overseeing solid waste management under the Resource
                       Conservation and Recovery Act of 1976.

                The U.S. Army Corps of Engineers is responsible for issuing
                permits for discharge of dredged and fill materials.

                The U.S. Coast Guard has responsibilities for:
                      regulation of the transportation of petroleum products
                     overseeing the development of oil spill prevention and
                       cleanup plans
                     supervising oil spill clean-up operations in marine waters,
                     enforcement of regulations governing sewage disposal from
                     ships and recreational boats.

    H. There are four federal programs that operate on a voluntary basis which
       can assist in the prevention of non-point pollution.

                The Agricultural Conservation Program (ACP) administered by the
                  Agricultural Stabilization and Conservation Service provides
                  cost-sharing to farmers to establish practices preventing water
                  pollution.

                The Soil Conservation Service (SCS) provides technical on-site
                assistance to landowners and operators, including municipalities,
                through conservation districts to prevent water pollution from
                non-point sources.

                The Resource Conservation & Development Project, administered by .
                the Soil Conservation Service, can provide cost-sharing
                assistance for Agricultural Related Pollution Control Measures.
                This authority has not been used in any state because none has identified
                a suitable project and means of implementation.

                                                 127

                      Farmer's Home Administration Assistance
                        *  Irrigation, drainage, and other soil and water conservation loans.
                        *  Resource Conservation and Development Loans
                        . Water and Waste Disposal Systems for rural communities
                        . Watershed Protection and Flood Prevention Loans
                        *  Soil and Water Loans

    Section 1 Pursuant to the Council's legislative mandate to coordinate state, local
            and federal activities affecting the coastal region, the following actions
             have therefore been initiated.

                   - The EPA, the Divisions of Water Pollution Control and Solid Waste Manage-
                     ment, and cities and towns routinely forward all permits, certifi-
                     cations, and licenses relative to sewage treatment and disposal
                     and solid waste disposal actions in or affecting the coastal
                      region to the Council for final action. As a result of these
                     procedures, the Council receives all NPDES permit applications,
                     "201" facilities plans for all municipal wastewater treatment
                     and disposal facilities, and all solid waste disposal facility
                      licenses regardless of their location in the state.  The Council
                     also receives all permit applications for septic systems in
                     all coastal communities.

                      Integration of the planning efforts of the Council and the Statewide
                     Planning Program with regard to Areawide Water Quality   Management
                      ('"208") and River Basin Planning is achieved through:
                          frequent consultation at the staff level to exchange
                             information and to avoid duplication of efforts;
                          the inclusion of a Council member on the Technical
                            Advisory Committee of the Citizen's Policy
                             Committee for "208".
                          cooperation between the Council and the "208" Project
                            Control Team in the design and-execution of all planning
                            elements relative to areas or activities of joint concern.
                          consideration in Areawide Water Quality Management planning
                            of applicable Council plans, programs, regulatory standards
                            and criteria as set forth in the Coastal Resources Management
                            Program in areas or regarding activities where direct
                            and significant impacts on coastal waters may reasonable
                            be presumed;
                           review by the Council of all plans and other outputs of the
                            "208" program for consistency with its plans, policies and
                            programs.

                      In order to ensure maximum coordination between the state's Coastal
                     Resources Management Program and federally sponsored pollution
                     abatement programs the Counc il and EPA Region 1 have signed a
                      letter of mutual understanding and operation dated June 21, 1976.
                     The text of this letter is reproduced in Attachment 3-1.

                                            128
                                                                   Attachment 3-1

              COASTAL RESOURCES MANAGEMENT COUNCIL AND FEDERAL ENVIRONMENTAL
                        PROTECTION AGENCY REGION I MUTUAL LETTER OF
                                UNDERSTANDING AND OPERATION

         The purpose of this joint letter is to develop and formalize an agreement
    between the Coastal Resources Management Council (CRMC) and the Environmental Pro-
    tection Agency (EPA) Region I as it pertains to implementation of Sections 201,
    208 and 402 (b) of the Federal Water Pollution Control Act Amendments (FWPCA) of
    1972 (P.L. 92-500) in Rhode Island. The initial step to formalize and achieve
    this coordination is to assure that the policies, directions and planning efforts
    of the Coastal Resources Management Council are buttressed, reinforced and coordi-
    nated with EPA policies. This letter of understanding provides guidance on how
    to achieve understanding and facilitate such coordination and to assure mutually
    supportive working arrangements between CRMC and EPA Region I.

         Under Section 201 of FWPCA EPA administers construction and facilities grants
    for construction of areawide waste treatment works. Under the provision of
    46-23-6 (B), G.L.R.I., CRMC has authority to approve, modify, set conditions for,
    or reject the design, location, alteration, and operation of such facilities when
    these are related to a water area under the agency's jurisdiction, regardless of
    their actual location where there is a reasonable probability of conflict with a
    plan or program for resources management or damage to the coastal environment.

         Under Section 208 of FWPCA EPA administers grants for Areawide Waste Treat-
    ment Management Planning by the state's designated agency, the Rhode Island State-
    wide Planning Program (SPP). CRMC finds that such planning affects areas and uses
    subject to its legal mandate as set forth in 46-23-6 G.L.R.I. and should be under-
    taken in a coordinated and cooperative manner with CRMC plans. To this end CRMC
    and SPP have executed a Mutual Letter of Understanding regarding Areawide Waste
    Treatment Management Planning in Rhode Island dated June 8, 1976. This letter
    states in part that:

                   All planning elements relative to areas or activities
              of joint concern shall be designed and executed by mutual
              agreement between CRMC and SPP.

                   In areas or regarding activities where direct and significant
              impacts on coastal waters may reasonably be presumed, Areawide
              Waste Treatment Management Planning shall reflect cognizance of
              applicable CRMC plans, programs, regulatory standards and criteria
              as set forth in the Coastal Resources Management Program and the
              CRMC Policies and Regulations.

         Under Section 402 (b) of FWPCA EPA administers the National Pollution Dis-
    charge Elimination System (NPDES) permit process in cooperation with the state's
    certifying agency, Rhode Island Department of Health (DOH). CRMC finds that
    point source discharges demonstrate a reasonable probability of causing damage
    to coastal waters and is desirous of being directly involved in the NPDES permit

                                                                 Attachment 3-1 (cont.)

    program as it applies to Rhode Island.  To this end CRMC and DOH have executed
    a mutual Letter of Understanding and Operation dated March 30, 1976. This letter
    states in part that:

                   In order to insure proper regulation of these uses which
              could adversely impact the coastal zone, the Department of Health
              shall consider the Coastal Resources Management Council's plans.
              policies, and programs on all actions, applications, or requests
              before the Department of Health that have a reasonable probability
              of having a direct and significant impact upon the coastal zone.
                   The Department of Health will submit or cause to be submitted
              all air and water pollution control permit applications and other
              related requests and actions, which are likely to have an impact
              upon coastal waters to the Coastal Resources Management Council
              for review and comment.

         Under 46-23-6 (A)(d) G.L.R.I. CRMC is mandated to consider water quality stan-
    dards set by the Department of Health as basic standards and criteria which must
    be reflected in all CRMC plans and programs. In addition, under Section 307 (f),
    P.L. 92-583, the State of Rhode Island is required to incorporate the provisions
    of FWPCA as the water pollution control requirements applicable to a coastal
    resources management program approvable under Section 306 (c) of P.L. 92-583.
    Such incorporation is reflected in the above referenced Letters of Mutual Under-
    standing and Operation and  specifically in the following provisions:

                   The Coastal Resources Management Council shall continue to
              submit all applications pending before it to Statewide Planning
              Program for their review and comment on said applications to in-
              sure conformity in accordance with the Statewide Guide Plan as
              required by law and will further coordinate all policies and
              management programs with Statewide Planning to insure a coordi-
              nated implementation of the uses of the State's Coastal Zone.
              Coastal Resources Management Council will further coordinate with
              Statewide Planning Program on Areawide Waste Treatment Management
              Planning under Section 208 of the Federal Water Pollution Control
              Act Amendments of 1972 in all areas under its jurisdiction to
              insure a uniform and coordinated planning and management approach.
                   The Coastal Resources Management Council shall continue to
              submit all applications, requests and actions before the Council
              to the Department of Health for review and comment and shall
              carefully consider comments and such reviews of the department
              and its subdivisions thereof.

         Therefore, in order to insure a logical, sequential and coordinated Tmple-
    mentation of a unified plan for-uses impacting the coastal zone of this state, it
    is hereby agreed between CRMC and EPA Region I that:

    1.  EPA recognizes that the CRMC is under state law (46-23-1, G.L.R.I.)
        the "primary" agency for planning and program implementation within the
        coastal zone of the State of Rhode Island, and as such, further recognizes
        that applications for grants for planning, design or construction of publicly
        owned wastewater treatment

                                            130
                                                                         Attachment 3.1 (cont)

       facilities under Section 201 of the FWPCA demonstrate a reasonable probability
       for'significantly impacting the coastal zone of the State of Rhode Island.
       Therefore, it is mutually agreed that applications to EPA under Section 201
       will be submitted to the CRMC through the state's A-95 review process as admini-
       stered by the Rhode Island Statewide Planning Program. The CRMC shall review
       and comment on all such applications that demonstrate a reasonable probability
       of direct and signficant impacts on the coastal zone of Rhode Island in accor-
       dance with its plans, programs and regulations to insure consistent and unified
       development of the state's coastal zone. Further, EPA Region I agrees to con-
       sider the comments of the CRMC prior to issuance of any grants related to the
       above referenced applications and to furnish CRMC timely notice of all public
       hearings which applicants must hold prior to adoption of facilities plan.

    2. CRMC shall be designated an appropriate governmental agency as defined in 40
        CFR 125.32 (a)(2). As such the Regional Administrator of EPA shall provide
        CRMC timely and routine notice of all proposed permit issuances under NPDES
        for the State of Rhode Island and an opportunity to submit written views and
        recommendations to EPA on them.

    3.  EPA Region I recognizes that under state law (46-23-1, G.L.R.I.) CRMC is the
        "primary agency" for management, planning and protection of the coastal zone
        within the State of Rhode Island and as such further recognizes that under
        40 CFR Section 125.11 (b) all permits under NPDES shall be issued on the
        basis of "'an evaluation as to how such discharge will meet applicable require-
        ments under the Act and other applicable laws and regulations." EPA Region I
        recognizes that the regulations and policies of the CRMC as set forth in its
        adopted policies and programs are applicable regulations for impacts upon the
        coastal zone. Therefore, when coordinating and evaluating NPDES applications
        with the state's certifying agency, the Rhode Island Department of Health, EPA
        Region I shall give appropriate consideration to CRMC policies and regulations.

    4.  it is mutually recognized that the objectives of NPDES and the Rhode Island
        Coastal Zone Management program with reference  to direct and significant
        impacts upon coastal waters are of major concern to both agencies and mutually
        supportive information, cooperation and implementation of plans, policies
        and regulations as they pertain to the coastal zone of Rhode Island should be
        undertaken.

         The Coastal Resources Management Council and the Environmental Protection
    Agency will continue to work towards expanding and mutually supportive aspects of
    programs, policies, plans and regulatory functions during planning and implementa-
    tion of same. They will address aspects of mutual concern, including protection,
    preservation, and restoration of the coastal zone in accordance with legislative
    mandates and coordination of regulatory activities.

                                             C    AL RESOURCES MAN  MENT COUNCIL

                                             REG~ALADMINISTRATOR T     A
                                             ENVIRONMENTAL PROTECTION A ENCY, REGION I

    O  310.0-2  POLICIES AND REGULATIONS;

    A.  Definitions:  The Council adopts the definition of sewage set forth under
        Title 46, Chapter 12, Section 1 of the General Laws, to wit:
        "...any human or animal excremental liquid or substance, any decom-
        posed animal or vegetable matter, garbage, offal, filth, waste,
        chemicals, acid, dyestuff, starch, coloring matter, oil and tar,
        radioactive substances and any compound, solution, mixture or product
       thereof, and every substance which may be injurious to public health
        or comfort, or which.would injuriously affect the natural and
        healthy propogation, growth or development of any fish or shellfish
        in the water of this State, or of the nourishment of the same, or
       which would injuriously affect the flavor, taste, or value as food
        of any such fish or shellfish or which would defile said waters or
        injure or defile any vessel, boat, wharf, pier, or any public or pri-
        vate property upon, in or under said waters or any shore thereof."
           For purposes of the Coastal Resources Management Program "sewage" shall
        further be defined to include every substance which could injuriously
        affect the natural and healthy propagation, growth or development of any
        animal and/or plant life in the water of the state, or of the nourishment
        of the same,

        Because runoff may include substances which may be injurious to public health
        or to animal and/or plant life, for purposes of the Coastal Resources
        Management Program "sewage'' shall be further  defined as including silt and
        other particulates introduced into, and/or artificial  increases or
        decreases above or below ambient of freshwater inflow into tidal and inter-
        tidal waters, coastal ponds and coastal wetlands.  The term "sewage'' as
        defined above includes thermal discharges.

      B.   Review of Sewage Treatment and/or Disposal and Solid Waste Disposal
           Related Actions:

           1.   Actions Subject to Review:

                a.   Actions within the coastal region:
                   The Councilshall review all actions within the coastal
                     region relating to sewage treatment or disposal as
                     defined herein including but not limited to:

                 (1) alteration, construction, or extension of domestic,
                     privately owned, industrial or municipal sewage or
                     stormwater treatment facilities or systems, conduits
                     and interceptors;

                 (2)disposal of sludges generated by municipal or indus-
                    trial wastewater treatment;

                 (3)treatment and disposal of isolated hazardous wastes.

                       The Council shall review all actions within the coastal region
                     relating to solid waste disposal including but not limited to
                     licensing, alteration, construction, or-extension of public
                    or privately owned sanitary landfills, incinerators, transfer
                     stations, or resource recovery facilities.
                b.  Actions outside of, but capable of affecting the coastal region:
                       The Council shall review all sewage treatment and disposal
                    actions outside the coastal region related to major facilities
                     including but not limited to industrial and municipal sewage
                     treatment and disposal systems; collection, treatment, and dis-
                    posal of isolated hazardous wastes, treatment and disposal related
                     to major commercial developments, subdivisions, transportation
                     facilities such as major highways and interchanges, rail
                     rights-of-way, and airports, chemical and petroleum processing,
                    storage or transfer facilities and energy generating facilities,
                     regardless of their actual location.
                       The Council shall review all solid waste disposal actions
                    outside the coastal region as described in a. above.

      2. Review Procedures:
                a. The R.I. Department of Environmental Management will forward
                    all permits issued by it relating to the above described actions
                    and areas to the Council for review. This will include all
                     permits for subsurface sewage disposal systems in coastal cities
                    and towns and licenses for solid waste disposal facilities any-
                    where in the state. The Department of Environmental Management
                    will also forward to the Council all "201" facilities plans for
                     publicly owned-wastewater treatment facilities throughout the
                     state. All applications in the coastal region for approval of
                     plans for disposal of septage and for industrial waste or waste
                    oil disposal sites will be forwarded to the Council by the
                     RI Department of Health. The EPA will notify the Council of all
                     proposed NPD:ES permit issuances in Rhode Isliand.
                 b.  For any other actions which.are subject to Council review as set
                     forth in B.1 above, including but not limited to actions
                     involving disposal of stormwater wastes, the appropriate permit-
                     ting agency of the state, city or town will forward the permit
                     to the Council for reviewl
                 c. When the Environmental Protection Agency adopts pretreatment
                     regulations (See Section 310.3-1) for industries discharging
                     into municipal sewer systems, the federal (EPA), state or
                    municipal agency responsible for issuing or certifying permits
                     for such actions shall forward the permit applications to the
                     Council for review.
                 d. The Council shall formally review proposed actions only after
                     all other applicable state and local requirements have been
                    met. However, the Council will comment on preliminary plans
                     for major facilities to insure early input into planning processes.

    For example, where the Department of Transportation issues permits for highway
    construction or modification involving the installation of stormsewers, that
    agency shall forward the permits to the Council.

                                              133

            e.  The Council shall review proposed actions for potential impacts upon,
                and/or potential conflicts with:
                (1)  Council management plans or programs;
                (2)  Uses or activities to which an area has been allocated by a
                      Council plan or program;
                (3)  Damage to the environment of the coastal region.
            f.  Such review shall produce a preliminary determination as to whether
                there is a reasonable probability that these potential impacts and/or
                conflicts will result. This shall be in writing and shall be part of
                the public record.
            g.  Where the above described preliminary determination indicates that
                any or all of the potential impacts and/or conflicts are likely to
                result from the proposed action, the Council shall require that a
                Council permit be obtained.  Persons proposing sewage treatment
                and disposal actions or solid waste disposal actions in the
                coastal region shall be notified by the Council of the preliminary
                determination as to whether or not a permit will be required.  Persons
                proposing actions outside of the coastal region (limited to major
                facilities) shall be notified by the Council of the determination only
                when a permit will be required.
            h.  Further, a Council permit shall be required in all instances where
                the proposed action would be initiated within 200 feet of the
                inland boundary of a tidal or intertidal waterbody, a coastal
                pond, a coastal wetland, a beach, a barrier beach, or a cliff or
                bluff.

    OC.  Regulation of Sewage Treatment and/or Disposal and Solid Wate Disposal
        Related Actions:

        1.  Applicants for a Council permit shall be required to demonstrate by a
            fair preponderance of evidence that the proposed action will not:
            a.  Conflict with any Council Management plan or program.
            b.  Make any area unsuitable for any uses or activities to which it
                is allocated by a Council management plan or program.
            c.  Significantly damage the environment of the coastal region.
        2.  It shall be further demonstrated by reliable and probative evidence that
            coastal resources are capable of supporting the proposed activity
            including the potential impacts and/or effects resulting from:
                 a.  The alteration of chemical or physical properties of marine
                     waters (e.g., pH, temperature, salinity) which provide a suit-
                     able habitat for natural biological communities.
                 b.  The accumulation of substances such as toxins, carcinogens or
                     pathogens (e.g., heavy metals, hydrocarbons, bacteria and
                     viruses carried in sewage) in amounts or concentrations which
                     threaten the welfare of man or aquatic organisms.
                 c.  The disruption of ecological balances in marine waters upon
                     which natural biological communities depend (e.g., excessive
                     oxygen consumption or nutrient input).
                 d.  The addition of man-made substances foreign to the marine
                     environment and to which organisms have not adapted and/or
                     whose impacts are largely unknown (e.g., PCB's, kepone).
                 e.  The disruption or burial of bottom cummunities due to increased
           i         ssed imentat ion..
                 f.  Any alteration qf the chemical properties of ground waters.
                 g.  Cumulative impacts caused by an existing or potential prolifera-
                     tion of similar actions.
                 h.  Changes to the existing quality, classification and use of waters,
                     contiguous land use and transportation facilities.

                i.  Secondary impacts resulting froin additional development stimu-
                    lated by new public facilities,
                j. The need and demand for the proposed action.

        3. Applicants for a Council permit for a subsurface sewage disposal
            related action shall,in addition to the above,demonstrate by a fair
            preponderance of evidence that the proposed site is capable of
            absorbing pollutants to the extent that there does not exist any reason-
            able probability that contaminated leachate will enter a tidal or inter-
            tidal waterbody, a coastal pond or a coastal wetland or a tributary to
            one of the above waters, or groundwater supplies,in amounts which would
            result in significant adverse impacts including those cited in C-2
            above. Such evidence shall at a minimum address percolation rates,
            soil types, depth to groundwater, topography, flood hazard, and
            related factors.
        4. Applicants for a Council permit for actions related to disposal of
            industrial sewage by discharge into a municipal wastewater system
            may be required to provide an effluent profile describing the volume,
            constituents and other characteristics of the discharge.
        5. Proposed actions shall be subject to all regulatory requirements and
            procedures set forth under applicable local or state authorities.
        6. The Council shall require modifications of or shall deny any pro-
            posed sewage treatment or disposal or solid waste disposal related
            action where the applicant has not met the requisite burdens of proof
            cited in C-1 and 2 above.

    D.  A Council permit shall not be required for the discharge of sewage generated
       on board a vessel.  However, such discharges shall be subject to all
        applicable Coast Guard regulations and timetables for compliance (33 CFR 159).

    E.  The Council finds that the existing state regulations governing the
        siting of subsurface sewage disposal systems are inadequate to prevent
        the introduction of contaminated leachate into coastal waters and tribu-
        taries thereto. The Council encourages the Department of Environmental
       Management to revise these regulations and will cooperate in the
       development and review of such revisions.

    F.  In issuing permits for any actions in the coastal region under any of
        the authorities and policies of the Council as stated in the Coastal
        Resources Management Program, the Council shall require the applicant
        to follow procedures to prevent erosion and sedimentation as set forth
        in the Rhode Island Erosion and Sediment Control Handbook prepared by the
        U.S. Soil Conservation Service.

    G.  The Council endorses the goals of the Solid Waste Management Corporation
        in seeking to establish a resource recovery facility in Rhode Island
        and will cooperate where possible and appropriate in working toward
        that end.

                                135

    t. The Council finds that it can be highly; effective in
       solving complex problems involving problem definition, the
       coordination of local, state and federal agencies, and
       public involvement. In the past the Council has acted
       as a catalyst and leader to accomplish such tasks as
       reactivating a stalled federal project to repair the
       famous Newport Cliff Walk,  to accelerate by four or five
       years the dredging of Galilee harbour (severe siltation
       was preventing the natural growth of the commercial
       fishing fleet and causing chronic difficulties for larger
       vessels) and perhaps most noticeably of all, the Council
       proposed, sponsored and administered-the Rhode Island
       Fisheries Task Force.  The.Fi'sheries Task Force resulted
       in a definition of the problems and goals of commercial
       fisheries in Rhode Island, produced eleven bills that
       were submitted by the Governor ot the General Assembly,
       and was a highly successful effort to knit together the
       views of fishermen, processors, enforcement and resource
       management officials and university experts. In light
      of these successes, the Council will request that the Governor
       create a coastal pollution task force.

              The Members of the Task Force should at a minimum
           include representatives of the Council, the Governor's
          office, local governments,  the Division of Water
          Pollution Control of the Department of Health, the
          Statewide Planning Program ("208" and the River Basin
          planning program) and EPA.  Other agencies, groups
          and interests should be invited to participate as
          necessary.  The Task Force should meet, at a minimum,
          once every three months.

       2. The goals of the Task Force should include:
             a.  the identification of priorities for efforts to improve
                  the pollution problem in the Providence River and
                  upper Narragansett Bay  that results from the dis-
                  charges of the Fields Point sewage treatment plant
                  and the combined sewer systems of Providence,
                  Central  Falls, and Pawtucket.
             b.  assure the earliest possible. involvement of the
                  Council in planning for improvements to, or new,
                  municipal wastewater treatment facilities.
             c.  assist in expediting progress toward meeting the
                  pollution abatement schedules outlined in the
                  River Basin Plans, particularly those for Narragansett
                  Bay, the Pawcatuck River and the Pawtuxet River.
             d.  asisure full communication and discussion among the
                  many agencies and groups concerned with the pollution
                  of coastal waters.
              e.  increase public awareness of the magnitude of the problem
                 and promote maximum public involvement in all efforts -to
                 attain  these goal:s
              f.  seeking maximum levels of federal funding to alleviate
                 poallution problems associated with municipal sewage
                 collection, treatment, and disposal systems.

                                         136

                                 320:   OCEAN DUMPING

    DEFINITION:

         Ocean dumping: The disposal of non-dredged waste materials from vessels
    or other floating craft into marine waters. For the purposes of this section,
    ocean dumping shall not include routine discharges of effluent incidental to
    the operation of vessels, the dumping of fish wastes, or the placement or
    deposit of materials on the sea floor for the purpose of enhancing fisheries.
    (See Section 530 on Dredging for Findings and Policies regarding ocean dumping
    of dredged materials. Discharge of ballast washings from petroleum tankers
    are regulated under the provisions of Section 630.1.  Regulations pertaining
    to sewage discharges from vessels are in Section 310.7 and Section 440).

    320.0-1 FINDINGS:

    A. Solid wastes, sewage sludge, and hazardous wastes generated in Rhode Island
        are all presently disposed at land-based facilities or are shipped out-of-
        state for treatment and disposal.

             - Demand for dumping of these wastes in tidal waters is not expected
               to occur in the foreseeable future for the following reasons:
                    Land-based disposal facilities for many of these wastes
                    are presently available in RI. Protection against the environ-
                    mental hazards associated with land based disposal operations
                    in Rhode Island is improving as a result of regulations
                    issued by the Dept. of Health, Division of Solid Waste
                   Management in 1975. That Division has also recently been
                    granted authority over land-based disposal of industrial
                   wastes and is currently preparing regulations regarding
                    the siting, design, and operation of such facilities. Long
                    range planning for the development of solid waste-facili-
                    ties adequate to meet future demand is underway under the
                    direction of the Solid Waste Management Corporation (See
                    Section 310.6-1 for information on existing facilities and ,ongoing
                    planning efforts).
                    Although there are presently no disposal facilities designed to
                    handle hazardous wastes in New England, the Environmental Pro-
                    tection Agency (EPA) is working with representatives of industry
                    and state governments to develop such a facility.
                  . This use of adequate environmental safeguards in the form of
                   proper design, siting, and operation of facilities to
                    handle disposal of solid wastes, sewage sludge, and
                   hazardous wastes will, be required under regulations and
                   permitting procedures to be developed and implemented by the EPA
                    under the Resources Conservation and Recovery Act of 1976.
                   There are presently no EPA approved sites for ocean dumping
                   of these wastes in Rhode Island waters, nor is EPA considering
                   any new sites. The nearest sites are in the New York Bight.

    B.  The impacts of ocean dumping are dependent on many factors, the most
        important of which is the nature of the material dumped.

                                          137

             - Highly concentrated, toxic wastes could pose a substantial threat
               to marine life.

             - Although concentrated hazardous wastes are often placed in con-
               tainers before dumping, their integrity over time and effectiveness
               in preventing the release of dangerous pollutants cannot be
               guaranteed.

               - Specific information on the chemical and biological characteristics,
                 the quantity, and methods of disposal of the waste are required
                 to properly assess potential impacts.

              -  Characteristics of the biological community, water chemistry,
                 depth, and the speed and direction of currents at the dump site are
                 also important factors.

              -  Chemical alteration and dispersal or transport of the wastes
                 after dumping and ecological changes in marine communities which
                 might result are not well understood at this time.  The National
                 Oceanic and Atmospheric Administration (NOAA) is sponsoring
                 an ongoing comprehensive research program to study the
                 effects of ocean dumping.  This study is concentrating on the
                 disposal of sewage sludge and industrial wastes in the New York
                 Bight.

    C.   Ocean dumping (with the exception of dredged material) in U.S. waters is
         regulated by the EPA through a permitting program.

                 The EPA has promulgated regulations for permitting procedures,
                 criteria for evaluation of permit applications, and a list of
                 designated dump sites (40 CFR 220-227).

    32OoaR.- POLICIES AND REGULATIONS:

    A.   The Council finds that ocean dumping as defined herein has the potential- to
         pose a significant hazard to the coastal environment and its resources, and
         that suitable alternative means of disposal exist. The Council further
         finds that the possible extent of such impacts in most instances cannot
         be determined through the information available at this time. The Council
         therefore promulgates the following regulations.

              1.  Persons proposing to dispose of waste materials as defined herein
                  into the territorial waters of the state of Rhode Island shall be
                  required to obtain a permit from the Council.

                                    138

    2.  The Council shall require the applicant to demonstrate by a fair
        preponderance of evidence that the project will not have a significant
       adverse impact on the coastal environment or its resources.
        Adverse impacts may include but are not limited to:
              a. The alteration of chemical or physical properities of
                     marine waters so that they no longer provide a
                      suitable habitat for natural biological communities;
              b. The accumulation of toxins, carcinogens or pathogens
                     which threaten the welfare of man or aquatic organisms;
              c. Disruption of the ecological balances in marine waters
                      upon which natural biological communities depend;
              d.  The addition of man-made substances foreign to the
                      marine environment for which organisms have had no
                     opportunity for adaptation and whose impacts are
                      largely unknown;
              e. The disruption or burial of bottom communities; or
              f.  Interference with fishing activities.

        The Council shall require the applicant to demonstrate by a fair
        preponderance of evidence that a bona fide public need for the
        project exists and that alternatives to the project have been con-
        sidered.

    4. Where the Council finds a reasonable probability that any or all of the im-
        pacts in A,2aboveare likely to result to a significant degree
        from approval of the proposed activity it shall require
        appropriate modifications or shall deny the application in question.

    5. The Council finds a high probability that ocean dumping in
       waters contiguous to, but outside of Rhode Island's
        territorial waters will have direct, significant and
        potentially damaging effects on the state's marine resources
       and environment. It shall consider such dumping to be
        inconsistent with the Coastal Resources Management Program
       pending a clear and convincing demonstration that such
       effects will not in fact result from any proposed action.

                                            139

                                330     AIR QUALITY

       330.0-1  FINDINGS:

       A.   Clean air  is a valuable  resource.

               Clean air is an identifiable coastal resource contributing to the
                public health and welfare as well as to activities such as recrea-
                tion and conservation.

                Numerous substances can degrade air quality.
                     The most widely monitored air pollutants are suspended
                          particulates, sulfer oxides (SOX) nitrogen oxides
                          (NOx)j photochemical oxidants (i.e. ozone), carbon
                          monoxide (CO), and hydrocarbons
                     Other substances which may degrade air quality include
                          sulfates, asbestos, beryll!ium, lead, mercuryvinyl
                          chloride and others.

             - Sources of air pollutants to the atmosphere are numerous but are
                generally divided into stationary (point) and mobile sources.

             -  Air pollutants cause adverse impacts on human health, plant and
                animal lifepand physical property.

                A summary of the principal sources and effects of the major air
                pollutants for whichnational ambient standards1 have been set is
                presented in Table 3-6.

        B.   The Division of Air Pollution Control of the Rhode Island Department of
             Health maintains an air quality surveillance network to continually
             assess the state's air quality.

             -  The network includes 4 stations for continuous sampling and 10
                stations for intermittent monitoring.

             -  SOx and total suspended particulates are monitored at all stations;
                NOx, CO and particulate sulfates and ozone (photochemical oxidants)
                are monitored at selected stations.

    1 Primary standards reflect minimum tolerable levels for the protection of
     human health.  Secondary standards are aimed at  safeguarding public welfare
     by preventing deterioration of property, plant life and aesthetic values.
     The Rhode Island and National standards are identical for these parameters.

                                                                 TABLE 3-6

                                                            MAJOR AIR POLLUTANTS1

    Pollutant       Characteristics2           Principal Sources2         Principal Effects2              Controls2            Other

    Total sus-      Any solid or liquid        Natural events such as   l!ealth: Directly toxic ef-    Cleaning of flue    Standard methods
     pended          particles dispersed        forest fires, wind         feats or aggravation of         gases with iner-    of measurement
    particulates    in the atmosphere          erosion, volcanic          the effects of gaseous          tial separators,    determine only
     (TSP)           such as dust, pollen,    eruptions; stationary    pollutants; aggravation            fabric filters,       total weight of
                     ash, soot, metals &       combustion, esp. of        of asthma or other res-         scrubbers, or        particulates,
                     various chemicals; the   solid fuels; construc-   piratory symptoms; in-             electrostatic        providing no in-
                     particles are often       tion activities; indus-  creased cough & chest dis-    precipitators;           formation on
                     classified according      trial processes; atmos-  comfort; increased mor-           alternative means   particle size or
                     to size, as settleable   pheric chemical reac-    tality                             for solid waste      chemical com-
                     particles (larger than   tions                      Other: Soiling & deteriora-    reduction; im-         position. These
                     50 microns), aerosols                                tion of building materials    proved control pro- factors may be
                     (smaller than 50                                    & other surfaces; impair-        cedures for con-    very important
                     microns) & fine                                      ment of visibility; cloud       struction & indus-  in determining
                     particulates (smaller                                formation; interference         trial processes      health effects.
                     than 3 microns)                                      with plant photosynthesis

    Sulfur          A colorless gas with a   Combustion of sulfur-    Health: Aggravation of res-   Use of low-sulfur   A precursor in
    dioxide (SO2)   pungent odor; SO2 can    containing fossil fuels,  piratory diseases including   fuels; removal of   the formation of
                     oxidize to form sulfur   smelting of sulfur-         asthma, chronic bronchitis,   sulfur from fuels   sulfates & sul-
                     trioxide (SO3) which      bearing metal ores;        & emphysema; reduced lung       before use; scrub-  furic acid aero-
                     forms sulfuric acid       industrial processes;    function; irritation of           bing rDf flue gases  sol3
                     with water                natural events such as   eyes & respiratory tract;         with lime of cata-
                                               volcanic eruptions        increased mortality.            lytic conversion
                                                                        Other: Corrosion of metals;
                                                                         deterioration of electrical
                                                                         contacts, paper, textiles,
                                                                         leather, finishes i coatings
                                                                         & building stone; formation
                                                                         of acid rain; leaf injury &
                                                                         reduced growth in plants

                                                             TABLE  3-6  (cont.)

    Pollutant       Characteristics2           Principal Sources2        Principal Effects2              Controls2            Other

    Carbon          A colorless, odorless    Incomplete combustion    Health: Reduced tolerance          Automobile engine   Highly localized
     monoxide        gas with a strong          of fuels & other car-    for exercise; impairment         modifications        effects
     (CO)            chemical affinity         bon-containing sub-        of mental function; im-         (proper tuning,
                     for hemoglobin in         stances such as in        pairment of fetal develop-    exhaust gas recir-
                     blood                     motor vehicle ex-         ment; aggravation of cardio-  culation, redesign
                                               hausts; natural events   vascular diseases                of combustion cham-
                                               such as forest fires    Other: Unknown                    ber); control of
                                               or decomposition of                                       automobile exhaust
                                               organic matter                                            gases (catalytic or
                                                                                                        thermal devices);
                                                                                                        improved design,
                                                                                                        operation & main-
                                                                                                        tenance of station-
                                                                                                        ary furnaces (use
                                                                                                        of finely disperset
                                                                                                        fuels, proper
                                                                                                        mixing with air,
                                                                                                        high combustion
                                                                                                        temperature)

    Photochemical   Colorless, gaseous         Atmospheric reactions    Health: Aggravation of res-   Reduced emissions of Transport of pre-
    oxidants        compounds which can        of chemical precursors   piratory:   cardiovascular       nitrogen oxides,    cursors over
     (O)            comprise photochem-       under the influence of   illnesses; irritation of          hydrocarbons g       long distances
                     ical smog, e.g.           sunlight                  eyes & respiratory tract;       possibly sulfur       causes regional
                     ozone (03), per-                                    impairment of cardiopul-        oxides                distribution of
                     oxyacetyl nitrate                                   monary function                                       this pollutant.
                     (PAN), aldehydes &                                 Other: Deterioration of                               Oxidant levels
                     other compounds                                     rubber, textiles & paints;                            often reflect
                                                                         impairment of visibility;                            the impact of
                                                                         leaf injury, reduced                                 regional emis-
                                                                         growth & premature fruit                             sions of the
                                                                         & leaf drop in plants                                precursors &
                                                                                                                             meteorological
                                                                                                                             conditions.

                                                             TABLE 3-6 (cont1

    Pollutant       Characteristics2           Principal Sources2        Principal Effects2              Controls2              Other

    Nitrogen        A brownish-red gas with  Motor vehicle exhausts;  Health: Aggravation of             Catalytic control      A precursor
    dioxide         a pungent odor, often    high-temperature sta-    respiratory � cardio-              of automobile ex-      of photochem-
     (N02)           formed from oxidation    tionary combustion          vascular illnesses 6            haust gases;           ical oxidants
                     of nitric oxide (NO)      atmospheric reactions    chronic nephritis                modification of
                                                                       Other: Fading of paints          automobile engines
                                                                        � dyes; impairment of          to reduce combus-
                                                                        visibility; reduced             tion temperature;
                                                                        growth & premature              scrubbing flue
                                                                        leaf drop in plants            gases with caustic
                                                                                                       substances or urea

    Hydrocar-       Organic compounds in      Incomplete combustion    Health: Suspected con-- Automobile engine                  precursor
    bons (HC)       gaseous or particulate   of fuels � other car-    tribution to cancer                modifications (pro-  4f photochem-
                     form, e.g. methane,       bon-containing sub-      Other: Major precursors          per tuning, crank-    ical oxidants
                     ethylene & acetylene      stances such as in        in the formation of             case ventilation,
                                              motor vehicle exhausts;  photochemical oxidants           exhaust gas recir-
                                              processing, distribu-    through atmospheric              culation, redesign
                                              tion � use of petro-      reactions                       of combustion cham-
                                              leum compounds such as                                    ber); control of
                                              gasoline & organic                                        automobile exhaust                                      4
                                              solvent; natural                                          gases (catalytic or
                                              events such as forest                                     thermal devices);
                                              fires � plant meta-                                       improved design,
                                              bolism; atmospheric                                       operation � main-
                                              reactions                                                 tenance of sta-
                                                                                                       tionary furnaces
                                                                                                       (use of finely dis-
                                                                                                       persed fuels, pro-
                                                                                                       per mixing with air,
                                                                                                       high combustion tem-
                                                                                                       perature); improved
                                                                                                       control procedures
                                                                                                       in processeing �
                                                                                                       handling petroleum
                                                                                                       compounds

    Notes:
     1
      Pollutants for which national ambient air quality standards have been established.
     2
      From Council on Environmental Quality, Sixth Annual Report, 1975; based on information compiled by Enviro Control, Inc.
     3
      Many of the health effects previously attributed to the combustion of sulfur oxides and particulates are now believed to be
      caused by sulfates. There is no national St Rhode Island standard for this pollutant and it has not been routinely measured in
      the past. Sulfate monitoring was begun in Rhode Island in 1976 at stations in Newport, Woonsocket, Arcadia and Providence.
      Sulfur oxide  measurements alone cannot be used as an indicaLor of sulfate levels since the latter may be carried great dlstanlces
      from the site of reaction of the precursors.

                                       -143

    C.  With the exception of downtown Providence, air quality in Rhode Island's
       coastal region is good in terms of the parameters directly related to
        local emissions. Photochemical oxidant and sulfate concentrations which
       are related to both local and distant sources are high in Rhode Island
       as they are throughout the Northeast region.

           - Rhode Island is meeting the national primary and secondary standards
              for sulfur oxides and nitrogen oxides.

             Total suspended particulate and carbon monoxide concentrations are
             meeting national ambient standards everywhere in the Rhode Island
              coastal region except in downtown Providence.
                * The Division of Air Pollution Control of the Department of
                    Health is well underway in the preparation of a plan to
                    develop strategies to attain national standards for total
                    suspended particulates.
                *  Planning  efforts are underway within the state to deal with
                    the carbon monoxide problem in Providence.  The programswhich
                   will lead to national standard attainment include the Division
                   of Air Pollution Control's newly adopted regulations on stationary
                    sources of hydrocarbons; the recently enacted state Auto
                    Emission Control Program;and the City of Providence's Plan
                    to create an Auto Restricted Zone around Kennedy Plaza..

             National standards for ambient concentrations of photochemical oxi-
              dants (ozone is the parameter measured) are exceeded throughout
              Rhode Island.
                0  The entire Metropolitan Providence Interstate Air Quality Con-
                   trol Region (MPIAQCR) which includes all of Rhode Island and
                   Southeastern Massachusetts has been classified by  the
                   Environmental Protection Agency (EPA) as a Priority 1 region
                   for photochemical oxidants.  This means that the federal motor
                   vehicle emission reduction program is not deemed adequate for
                   the attainment of national primary and secondary standards.
                  Ambient concentrations of photochemical oxidents are related
                   to both distant and local emissions from automobiles (about 50%)
                   and other hydrocarbon emission sources.
                   Emissions from Rhode Island sources contribute to the regional
                   oxidant problem.;
                   The Division of Air Pollution Control of the Rhode Island
                   Department of Health is working with comparable agencies
                   in the other New England states to develop consistant
                   regulations to control hydrocarbon emissions.:
                   More effort at the regional level is required to effectively
                   solve the photochemical oxidant problem.

    D.  The attainment and maintenance of national air quality standards in the
        Rhode Island coastal region is the responsibility of the Rhode Island
        Division of Air Pollution Control (R.I. Clean Air Act of 1966; 23-25,
        G.L.R.I.) and the EPA (The Clean Air Act; PL-93-319).

              Protection of air quality is achieved through controls over the
              volume of emissions and thei'r distribution.

    Strict emission controls exist for large facilities which have the
    potential to be major polluters and adequate regulatory programs are
    in place for the control of other stationary sources.
        The Division of Air Pollution Control of the Rhode Island
              Department of Health has promulgated regulations for the
              prevention, control, abatement and limitation of air pol-
              lution   These regulations,    as of February 1977, apply
              to:
                1. Visible Emissions
                2. Handfiring of Soft Coal
                3o Particulate Emissions from industrial Processes
                4. Open Fires
                5. Fugitive Dust
                6. Opacity Monitors
                7. Emission of Air Contaminants Detrimental to Persons
                          or Property
                8.  Sulfur Content of Fuels
                9. Approval to Construct, Install or Modify any Device
                          or Facility Which is a Potential Air Pollut.Ioln
                          Source
               10. Air Pollution Episodes
               11.  Volatile Organic Liquid Storage and Loading Facil-
                          ities
               12.  Incinerators
               13.  Particulate Emissions from Fossil Fuel Fired Steam
                          or Hot Water Generating Units
               14.  Record keeping and Reporting
               15.  Organic Solvent Emissions
               16.  Operation of Air Pollution Control Systems
               17.  Odors

    The Environmental Protection Agency administers three programs to
    control emissions from stationary air pollution sources:
         1. Performance standards for new stationary sources.
         2. Emission standards for hazardous air pollutants for which no
             ambient air quality standards apply.
         3.  Approval of major facility constructioq(includes 24 types of
             facilities) subject to non-deterioration standards.
         The administration of these programs will be delegated to the
              State Division of Air Poliution Control sometime this year;
              responsibility for enforcement will remain with the EPA.

    The limitation of air pollution from mobile sources is regulated by
    the EPA through three programs:
         1. Automobile emission standards
         2. Traffic control plans
         3. Indirect Source Review (includes review of highway and
             airport construction projects).

                                        i45

    330.0-2 POLICIES AND REGULATIONS:

    A.  The Council finds that the attainment and maintenance of national primary
        and secondary air quality standards in the Rhode Island coastal region
        is a high priority. The Council further finds that effective implementation
       of both the Rhode Island Clean Air Act (23-25, 25.1 G.L.R.I., as
       amended) and the Federal Clean Air Act (P.L. 93-319, as amended 1974) is
       an essential element of its Coastal Resources Management Program.

    B.  The Council finds that the facilities/activities with the greatest
       potential to contribute to air quality degradation in Rhode Island's
        coastal region include:
           1. Electric Generating Facilities (See Section 620.0-1)
           2.  Commerce and Industry (See Section  540)
           3.  Transfer of Petroleum Products (See Section 630)
          4. Storage of Petroleum Products (See Section 640)
           5.  Processing of Petroleum Products (See Section 650)
           6.  Solid Waste Incineration (See Section 310.6-1)
           7.  Minerals Extraction (See Section 230.0-1)
           8.  Transportation Facilities (See Section .550.0-1
       The Council further finds that the above listed facilities/activities are
       adequately controlled by the Rhode Island Division of Air Pollution
        Control, Department of Health 1 through its adopted rules and regulations
       and through its administration of the EPA programs for stationary sources
        plus the EPA programs for mobile sources (See Finding D).

    C. The Council concludes that existing programs and planning efforts are
        demonstrating significant progress towards meeting the goals, objectives,
        and schedules of the State and Federal Clean Air Acts; therefore, the
        Council finds no need to promulgate additional management policies at
        this time.

    1These functions will be assumed by the Department of Environmental Management
    on or after October 1, 1977.

         Chapter 4
         Culture and
         Recreation

    (* I)

                      410    PUBLIC ACCESS TO THE SHORE
    410.0-1  FINDINGS:

    A. Rhode Island is richly endowed with public shorefront access opportunities
        via public parks and beaches, conservation areas, scenic view points and
        rights-of-way.  However, efforts to enhance opportunities through more
        effective utilization of existing areas and identification of additional
        sites are needed.
             - The distribution of coastal rights-of-way is uneven.
             - Public rights-of-way along substantial lengths of shoreline remain
               unverified.
             - Public rights in many presumed rights-of-way are contested.
             - Rights-of-way must be posted to encourage use and prevent trespass
               on private property.
             - Parking space at popular rights-of-way is frequently inadequate.
             V- andalism, littering and trespass on adjacent private holdings are
               issues of growing concern.
    B. The scenic qualities of the Rhode Ilsland coastal region and shoreline
        are one of the state's greatest natural assets.
             - Much of the state's shoreline is highly scenic.
             - Many scenic areas are readily accessible to the public from
               designated overlooks and scenic highway routes.
             - Scenic viewing is a major recreational and tourist activity.
             - Additional scenic opportunities exist at local, state and federal
               recreational holdings and from both state and municipal highways.
               These opportunities require careful evaluation if they are to be
               utilized to their full potential.
             - Scenic viewsites are highly sensitive to the aesthetic impacts of
               adjoining development.
    C. The state has numerous public and private boat launch ramps.
             - Ramps are unevenly distributed with deficiencies in upper Narra-.
               gansett Bay where demand is concentrated.
             - Additional ramps should be sited in or near the major recreational
               boating harbors of the Bay.  Acquisition costs can be extremely
               high in such areas. however.
             - Ramp siting can have major environmental impacts where it contri-
               butes to increased boating activity in sensitive marine areas.
             - Ramps can have major social and aesthetic impacts where service
               roads are insufficient to handle increased traffic and/or where
               inadequate parking is provided.
    D.  Development of additional rights-of-way, scenic viewpoints and launch
        ramps will place additional management responsibilities on state person-
        nel.

    410.0-2   POLICIES AND REGULATIONS:
    A.  The Council finds that the public has a right to the use and enjoyment
        of the shoreline guaranteed under Article 17 of the State Constitution.
        Enhancement of public access to coastal waters is consequently a high
        priority use of the coastal region.
     B.  Applicants for Council permits for any development or activity contiguous
        to a posted public right-of-way, boat launch ramp or public view site
        shall be called upon to demonstrate by a fair preponderance of evidence
        that such development or activity or any development or activity related
        thereto will not interfere with or prevent public use and enjoyment.
        Where such interference or prevention is found the Council shall pro-
        hi-bit or require appropriate modification of the proposal in question.

                                            147

    C.  The Council, working in coordination with the Department of Environmental
        Management, shall prepare periodic updates of the state rights-of-way,
        scenic view sites, and public launch ramp maps commencing in 1978.  It
        shall insure maximum publicity and distribution of these maps to the
        general public.

    D.  The Council shall, commencing in 1978, designate all verified public
        rights-of-way,-scenic view sites and launch ramps.

                         420     PUBLIC BEACHES AND PARKS

    420.0-1 FINDINGS:

    A. Rhode Island's ocean beaches and coastal parks are among the most popular
        recreational outlets.  They are a resource of regional significance.
             - Substantial amounts of Rhode Island's coastline consist of sandy
               ocean beaches with high water quality,  They provide an ideal
               environment for swimming and sunbathing and are heavily used by
               residents and visitors.
             - Saltwater bathing is by far the state's most popular outdoor recrea-
               tional activity according to the State Comprehensive Outdoor
               Recreation Plan. Upwards of 92,000 people may visit public
               beaches on a good summer day.
             - Oceanfront facilities, especially those operated by the state, are
               clearly preferred by a majority of the public (some 70% of those
               sampled in a recent survey).
             - State beaches attract large numbers of out-of-state visitors each
               summer. Some 29% of all activity is attributable to these visitors.
             - Even higher proportions of out-of-state residents visit facilities
               such as Burlingame State Park's 755 unit camping area and
               Misquamicut State Beach, both of which are closer to population
               centers in nearby Connecticut than they are to Rhode Island's
               major upper Bay metropolitan areas.
             - Heavy weekend use of state beaches has created localized seasonal
               traffic congestion in some areas - notably in the towns of Westerly
               and Narragansett.
    B. The state's many: public beaches:And parks are managed at the state level
        by the Department of Environmental Management and at the local level by
        municipal recreation agencies.
             - Maintenance and management are by-in-large not problems.  The
               majority of facilities are of exceptionally high quality as is
               clearly evidenced by their continuing popularity.
             - Enforcement of rules and regulations and prevention of littering,
               vandalism and similar abuses, however, is a growing problem due
               to the increased responsibilities of and manpower shortages in
               the Department of Environmental Management's Enforcement Division.
    C. Rhode Island is extremely fortunate in that unlike many coastal states
        it has an abundance of publicly owned beaches (Table 4-1).
             - Beach use is at levels well below design capaci-ty a health 97
               percent of the time according to the State Comprehensive Outdoor
               Recreation Plan.
             - The state's public beaches can comfortably service upwards of
               173,000 people on a given day. Design day use (use on a good

                                Table  4-1.   State and Municipal Beaches and Parks in the Coastal Region (Over 1 Acre)

             Town                  Facility name            Ownership         Acreage          Shorefront              Inland

     Jamestown                Fort Wetherill State         State               51.0                X
                              Park
                              DAR Memorial Park            Local              18.0                                       X
                              Fort Getty                   Local       '      41.0                 X
                             Town Beach                   Local         .I       3                X

     East Providence          Haines Park                  State                9.0                X
                              Squantum Woods               State              28.5                                       X
                              Veteran's Pkwy               State          i   44.1                                     :
                              Bourne Park                  Local               7.5                                       X
                              Bullocks Point Park          Local              14.0                 X
                             Waddington Park              Local                5.3                                      X
                             Bold Point Waterfront Pk.   Local                2,1                 X
                             Central Avenue Parki- .-     Local               2.4                                       X
                             Delle Femine Park            Local              10.0                                       X
                             Sabin Point Waterfront
                              Park                        Local               5.0                 X

    Little Compton           Town Beach                   Local                5.7                X

    New Shoreham            'Crescent Beach           i   State               18.7                X
                             Mott Park                    Local               5.0          :                            X

    .Newport                 iBrenton Point Park           State              78.0          i      X
                             'Fort Adams                   State              52.5                X
                             Aquidneck Park               Local                7.7         i                            x
                             .Easton's Beach  Local                           11.8                X
                             :Freebody Park                Local               4.3                               X
                             King Park                    Local               -7.9        X.
                             Miantonomi Park              Local              30.0                                       X
                             Norton Park                  Local               12.9                                      X
                             ISpencer Park                 Local               2.4                                       X
                             .Storer Park                  Local               3.1                X
                              Touro Park  Local                                1.8                                       x

    Portsmouth              'Teddy's Beach                State                2.0                X
                             :Sandy Point Beach        '  Local           i   9.0                 X

                               Table  4-1.   State and Municipal Beaches and Parks in the Coastal Region (Over 1 Acre)

            Town                  Facility name             Ownership         Acreage         Shorefront                Inland

    Westerly                Misquamicut State Beach       State              152.0                X
                             Westerly Beach                Local              10.0                 X
                             Wilcox Park                   Local              23.0                                         X
                                                                                          t

    Charlestown              Burlingame State Park         State             2375.0                                        X
                             East Beach                   State              174.0                 X
                             Town Beach                    Local              14.3                X
                            Charlestown Breachway         State               15.0

    South Kingstown          Moonstone Beach             Leased by town         2.0

    Narragansett             Fishermen's Park              State               91.8                                       X
                             East Matunuck State          State               25.7                X
                             Beach
                             iSand Hill Cove State    !   State               30.0                 X
                             Beach                                                         t
                             Scarborough State Beach      State               26.0                 X
                             Canonchet Beach               Local               7.0                 X
                             Municipal Park                Local               4.0                                       X
                             Narragansett Beach            Local              20.0                 X
                             Thompson Park                 Local               2.0
                             Veteran's Park                Local               1.5                                      X

    Bristol                 {Colt State Park               State              459.0                X
                            ]Bristol Town Beach           Local  27.2                             X
                            iChestnut St. Park            Local                1.0                              I        x
                             Independence Park            Local           E    5.7                                       X
                             Rockwell Park                Local                1.0                                       X
                             Town Common                  Local  8.5  x

    Middletown              {Purgatory Chasm              State           i   8.4           !     X
                             Atlantic Beach               Local                1.0                 x
                             Second Beach                 Local             40.0                   X
                              hird Beach          I        Local              10.0    I            X

                               Table 4-1.    State and Municipal Beaches and Parks in the Coastal Region (Over I Acre)

            Town                  Facility name             Ownership    I   Acreage           Shorefront                Inland

    North Kingstown          Cocumscussoc  State                              414.1                                        x
                            Central Park                  Local              136.4                                       X
                            Down's Park                   Local               64.6                                       X
                             Feurer Park                   Local              29.5           1                            X
                             McGuinn Park                  Local              25.3
                            rown Beach                    Local                8.2                 X
                            ,Walmsley Park                Local           I   6.0                                         X

                            i -
    Pawtucket                Seekonk River                  Local               15.8                x
                            .Ten Mile River               State               65.5                                        X
                            ODunnel Park                  Local               13.9                                        X
                            Fairlawn Park                 Local               39.0                               j
                            :Slater Park                  Local              208.3                                        X
                            iPayne Park                   Local                1.2                                        X
                            Novelty Park                  Local                1.1                                        X                o

    Providence               iRoger Williams National       Federal             5.0                                        X
                            Park
                            .Dyerville Park               State                9.1                                        X
                            Ardaene Park              I  Local                 4.5                                        X
                            'Blackstone Park           i  Local                                   X
                            Branch Ave. Park           I  Local                1.0                                        X
                            City Hall Park                Local                2.6
                             Columbia Park                 Local                1.5                                       X
                            *Davis Park                   Local               10.1                               i
                             'Fenner Park                  Local                1.1          i                             X
                             Fox Point Park                Local                2.2               X
                            Hopkin's Park                 Local                4.5                                        X
                             India Pt. Park                Local              13.1                 X
                            Lippit Park                   Local                6.0                               I        X
                            Merino Park                   Local                7.4                                        X
                            Messer St. Park               Local                1.9                                        X
                             Mt. Pleasant Park             Local                1.9                                        X
                            iPatterson St. Park           Local                1.7                 X
                             Pleasant Valley Pkwy.         Local                5.4                                       X
                            :Richardson Park              Local                3.2                               i        X
                             iRoger Williams Park          Local              415.1                               :        X
                             Wanskuck Park                 Local               24.0                                        X
                             Witherby Park                 Local                1.6                                        X

                                Table 4-1.     State and Municipal Beaches and Parks in the Coastal Region (Over I Acre)

            Town                   Facility name             Ownership         Acreage          Shorefront                Inland

    Tiverton                  Grinnel's Beach               Local           r    2.5                 x
                             Tiverton Beach                Local               45.0                 x

    Warren                    Burr Hill Park                Local                7.6                                        X
                             jJaniel Park                   Local              11.2                                        X
                             Warren Town Beach             Local                2.3                 X

    Warwick                  'Goddard Park & Beach          State              489.2                 X
                             iBayside Beach             i   Local               9.5                 X
                             ,Conimicut Pt. Beach           Local              14.4                 x
                             !Gorton's Pond Beach           Local               4.1                                        X
                             Naughton Ave. Park             Local           1   1.5          ,                             X
                             Oakland Beach Area            Local               27.1                 X
                             ,Sand Pond Beach               Local               3.3                                        X
                             iWarwick Park                  Local             203.6                 X
                             ,Warwick Pond Beach            Local                 .4

    Barrington               iHaines Park                   State               73.1                                        x
                             Latham Ave. Park              Local                3.9                                        x
                             ;Orwood Dr. Park               Local               1.0                                        X
                             'Osamequin Park                Local               1.0                 X
                             :Sherwood Park             f  Local                4.5                                        X
                             'Town Beach                   Local                1.3                 X
                             ,Veterans Park                Local              215.0                                        X

                                         152

               July weekend day) only infrequently exceeds 92,000, leaving a
              margin of nearly 50% to absorb increased demand.  Because of this
               additional capacity few state beaches approach saturation on any but
               the very hottest summer weekends.
             - Additional public ocean beach acquisition for the above reasons
               does not appear to be a high priority for Rhode Island.
    D.  Rhode Island is less fortunate in the distribution of its public beaches.
        The state's major metropolitan concentration at the head of Narragansett
        Bay is removed considerable distances from the majority of facilities
        located along the open ocean shoreline.
             - Beach use is largely income-dependent.  It increases dramatically
               in proportion to increases in family income.
             - In explaining this phenomenon the State Comprehensive Outdoor
               Recreation Plan cites high participation costs and lack of open
               space and other recreational opportunities in low-income urban
               areas.
             - Access is further complicated by the relatively low lievel of auto-
               mobile ownership among low income urban fami'lies, by inadequate
              or nonexistent public transit service to outlying beach areas, and
               increasing costs of-fuel.
             - Few opportunities for additional saltwater beach development exist
               in or near the Upper Bay's metropolitan concentrations due to
               intensive coastal development, water quality limitations, and less
               desirable coastal topography.
    E.  The recreational value of parks and beaches depends on a variety of
        environmental and aesthetic characteristics all of which are sensitive
        to change.  It is frequently enough to disrupt just one of these to
        upset the delicate balance of factors which sustains recreational activity.
             - Beaches and parks are sensitive to onsite impacts associated with
               overuse or inappropriate use.
             - They are also highly sensitive to the environmental, aesthetic and
               other impacts of activities that take place elsewhere.  The exter-
               nal impacts of abutting uses are of particular concern because
               they can have profound and immediate effects on recreational
               values, effects which have only been infrequently controlled in
               the past.
             - The variety of external impacts is great:
                   . Increased traffic may compromise public access opportunities;
                   . Noise, odors or other airborne "pollutants" may detract
                     from recreational enjoyment;
                   . Water pollutants may preclude water contact sports;
                   � Physical changes may contribute to beach erosion or intro-
                     duce sediments into previously pristine waters;
                     Large structures may compromise the visual attractiveness
                     of adjacent recreational areas.

    420.0-2  POLICIES AND REGULATIONS:

    A.  Public recreational use and enjoyment of parks and beaches shall be a
        high priority use of the coastal region.  Activities and developments
        detrimental to such use and enjoyment shall have low priority,
    B.  Applicants for Council permits for any development or activity contiguous
        to a publicly owned and/or operated park or beach shall be called upon
        to demonstrate by a fair preponderance of evidence that such development
        or activity or anyldevelopment or activity related thereto will not
        significantly interfere with or damage the recreational use or value
        of the affected park or beach.

                                           153

         It shall be further demonstrated by reliable and probative evidence
         that the coastal resources are capable of supporting the proposed
        activity including the impacts and/or effects upon:
              1. Public access and traffic congestion;
              2.  Noise levels incidental to construction, use or operation
                  of proposed contiguous facilities or developments;
              3. Visual and aesthetic impacts on contiguous recreational activi-
                  ties;
              4. Natural processes such as sedimentation, runoff, coastal
                  erosion and the like which may adversely affect contiguous
                  recreational areas or uses of those areas;
              5.  Air or water quality which may adversely affect contiguous
                  recreational activities.
        Where significant interference with or damage to recreational use or
        value is found the Council shall prohibit or require appropriate modifica-
         tion of the proposal in question.
    C.  The Council recognizes the management responsibilities of the Department
        of Environmental Management and municipal recreation authorities as they
        relate to public beaches and parks. It shall endeavor to support these
        responsibilities to the maximum extent consistent with other Council
        Policies and Regulations.

                           430  CONSERVATION AND MANAGEMENT

    430.0-1  FINDINGS:

    A. The Rhode Island coastal region is richly endowed with both public and
        privately held conservation and wildlife management areas. However, the
        social and environmental amenities these areas provide are so valuable
        and varied that it would be unwise to satisfy ourselves with what we
        have.(Listed in Table 4-2.)
             - Both the Department of Environmental Management and the Federal Fish
               and Wildlife Service are actively investigating additional
               coastal region purchases.
             - Acquisition is a particularly attractive method of protection
               because it allows for a variety of recreational and nonrecreational
               uses in addition to the primary conservation function.
    B.  Conservation and management areas are among the state's most important
        multiple-use recreational resources. A variety of recreational activi-
        ties are frequently compatible with primary conservation and wildlife
        management objectives. These include:
             - Controlled hunting for waterfowl and upland game;
             - Hiking and cross country skiing;
             - Wildlife observation and scenic viewing;
             - Fishing and swimming.
    C.  A number of socially, economically and environmentally desirable non-
        recreational activities can often be pursued concurrently with primary
        conservation and management objectives.
             - These include many forms of agriculture and forestry.
    D. Conservation and management areas have broad ranging social, economic
        and environmental significance.  This significance has all too frequently
        gone unrecognized in the past.
             - They provide reservoirs of open space and undisturbed natural
               beauty. Their value in this regard will increase incrementally
               as the state's population grows.

                           Table 4-2 Conservation and Management Areas in the Coastal Region

          Town         Facility Name          Jurisdiction  Acreage         Area Type        Coastline      Inland

    Portsmouth        Melville Pond            State            58.0    Pond/woodland                         X
                      Old Orchard Marsh       Private          12.5    Salt marsh               X
                      Heritage Trust Land
                       (Prudence Island)      Private         240.0    Woodland                              X
                      Black Point Swamp       Private          72.0    Deciduous swamp                        X
                      Gould Island Refuge    Private             5.0    Wooded island           X
                      Porter's Marsh          Private          17.0    Salt marsh               X

    Little Compton

                      High Hill Marsh          State           17.0    Salt marsh               X

    Tiverton          Seapowet Marsh           State           162.1    Salt marsh              X
                      Fort Barton Conser-
                       vation area        j   Local             77.0    Forest                                X
                      Lafayette Conserva-
                       tion area          I   Local           230.0    Forest                                 X
                      Ruecker Wildlife
                       Refuge                 Private          30.0    Forest/salt marsh        X
                      Tiverton Rod & Gun      Private          65.0    Forest                                 X

    Bristol           Silver Creek             Local            11.0    Salt/fresh marsh        X
                      Hopeworth Road site      Local            12.0    Forest                                X
                      Brown U. land           Private         307.0    Forest                   X             X
                      Bristol Rod & Gun       Private           50.0    Forest                                X

    Narragansett      Galilee Bird Sanc-                                Salt/brackish
                       tuary                   State          171.2      marsh                  X
                     ,Wesquage Pond           Private          30.0    Coastal Pond             X
                      Pettaquamscutt          Private           9.7    Salt Marsh               X
                       Refuge
                      Ram Island              Private           13.9    Island in salt          X
                                                                         pond

                          Table 4-2 Conservation and Management Areas in the Coastal Region

         Town         Facility Name         Jurisdiction  Acreage         Area Type      Coastline      Inland

    Jamestown       Dutch Island Manage-                             Island in Narra-
                     ment Area                State         80.0   igansett bay             X
                    Fox Hill Pond Salt                               uplands
                     Marsh                  Private         45.0   Salt marsh/sur-
                                                                     rounding uplands       X
                    Marsh Meadows            Private         21.0   Salt marsh              X
                    Racquet Road Thicket    Private         -19.0   Shrub wetland                          X
                    Jamestown Rod & Gun      Private         22.0  IWoodland                               X

    Newport         Almy Pond Conserva-
                     tion Area              Private         21.0   Coastal Pond                            X
                    Ocean Drive Marsh       Private           9.7   Salt Marsh              X

    Middletown      Sachuest Point
                     National Wildlife       Federal/Local  228.0   Barrier beach/          X
                     Refuge                                         marsh, shrub uplnd
                    Norman Bird Sanc.       Private        320.0   Fields/forests                          X

    New Shoreham    Block Island Nat'l
                    Wildlife Refuge          Federal         28.0   Dune field              X
                    Mohegan Bluffs            Local         13.4   Coastal bluffs           X
                    Rodman's Hollow           Local      I  38.5   Shrubland                               X
                    Breed's Land.             Local          35.0   Shrub/open land                        X

    Westerly        Newton Swamp              State         111.0   Fresh marsh                             X
                    Woody Hill mgmt. are~    State          723.0   Upland forest                          X
                    Watch Hill Fire
                    District (Napatree)     Private          57.0   Barrier Beach           X
                    Weekapaug Fire Dist.    Private        100.0   Barrier Beach/salt       X
                     Shelter Harbor Fire                             marsh
                     District, and Nopes
                     Island Assoc., Inc.
                     (administered by
                     Quonochontaug Beach
                     Conservation Comm.)

                           Table 4-2 Conservation and Management Areas in the Coastal Region

          Town         Facility Name        Jurisdiction  Acreage          Area Type        Coastline      Inland

    Charlestown      Ninigret Nat'l
                     Wildlife Refuge           Federal        27.5   Barrier Beach             X
                     Ninigret Cons. Area        State        174.0   Barrier Beach             X
                     Wards Island               State         15.1   Salt Marsh                X
                     Charlestown Mgmt.
                      Area                      State         73.9   Breachway/salt            X
                                                                       marsh
                     Quonochontaug Area         State         49.2   Breachway/salt            X
                                                                       marsh
                     Nopes Island, Assoc.,     Private         60.0  Barrier beach/salt
                      Inc. (Administered by                           marsh                    X
                      Quonochontaug Beach
                      Conservation Comm.

                     Burlingame Manage-
                      ment Area                 State        840.5   Forest                                 X
                     Indian Cedar Swamp
                      Management Area           State        850.0   Wooded swamp                           X
                     Deep Pond Area             State         32.0   Forest                                 Xc
                     Kimball Wildlife
                      Refuge             I     Private        30.0   Forest                                 X

    South Kingstown  Trustom Pond Nat'l
                      Wildlife Refuge          Federal       355.0   Coastal Pond             X
                     Matunuck Mgmt. Area        State        170.5   Barrier Beach/           X
                       (includes east)                                 Salt Marsh
                     Moonstone Wildlife        Private    i   6.7   Barrier Beach/Pond        X
                      refuge
                     Indian Run Woods          Private        50.0   Forest                                 X
                     Frisella's Hunting        Private       173.7   Forest                                 X
                      Area

    Warren           Wajack Farm                 Local         66.7                                          X
                     East Warren Rod &
                      Gun Club                 Private        32.0                                          X
                     Warren Reservoir          Private        10.0   Forest                                 X

                          Table 4-2 Conservation and Management Areas in the Coastal Region

         Town         Facility Name          Jurisdiction  Acreage         Area Type       Coastline      Inland

    Barrington      Rumstick Point              State         33.4    Salt marsh               X
                    Hundred Acre Cove          State         23.3    Salt marsh               X
                    Tall Cedars                Local         32.8    Forest                                 X
                    Knockum Hill               Local         75.0    Forest                   X
                    Walker Farm                Local         62.0    Agric. land              X
                    Hampton Meadows            Local        120.0    Forest                                 X
                    Hundred Acre Cove         Private        43.0    Salt marsh               X

    East Providence Turner Reservoir            Local         25,2    Forest/lakes                           X
                     Bryden Heights Con. Are4   Local         10.0  Marsh/forest              X .
                    South Boyd Con. Area   Local             13.3    Forest                                 X
                    Willett Pond Con.
                     Area                     Local          16.9    Forest/lakes                           X

    Warwick         Narragansett Pkwy   I       State         55.5    Forest                                 X

                    Cranberry Bog Brook        Local         30.4    Forest                                 X
                    Cranberry Bog              Local         16.3    Marsh                                  X
                    Buckeys Brook Area         Local         52.4    Forest/Marsh                           X
                    Baker's Creek              Local         12.6    Salt marsh               X

    East Greenwich  Davis Wildlife Ref.        Private        30.9    Forest/river/
                                                                     flood plain                           X

    North Kingstown Silver Spring               State         14.6                                           X
                    Cornelius Island           Local         18.7    Forested island          X
                    Hunt River Swamp          Private        55.8    F.W. Marsh/forest                      X
                    Cocumscassoc Brk          Private        16.0    Forest                                 X

             - Their presence enhances the quality of life available to all
               the state's citizens.  They make Rhode Island a more pleasant
               place in which to live and work, a fact of growing economic
               consequence as an attraction to industry.
             - They preserve water quality and scenic diversity while helping
               to guide future growth.
             - They preserve vegetation and habitat necessary to support the
               state's wildlife, fisheries and migratory birds.
             - They help preserve the rural character of much of the state's
               coastal region and some of its most valuable farmland.
    E.  Conservation.and management areas are often complex and delicately
        balanced natural environments. They are sensitive to a variety of
        internal and external  impacts.
             - Inappropriate recreational use or overuse can destroy habitat
               and degrade aesthetic quality;
             - Adjacent development can limit access and generate noise, traffic,
               pollution or physical changes which diminish aesthetic qualities
               or alter environmental conditions.
    430.0-2  POLICIES AND REGULATIONS:
    A.  Management,p reservation and restoration of scenic areas and features,
        and the living and cultural resources of the coastal region must be a
        high priority use of Rhode Island's coastal region if its natural
        beauty, diversity and quality is to be maintained. Uses not compatible
       with such preservation and restoration shall be considered of low priority.
    B.  Applicants for Council permits for any development or activity  on/or contiguous
        to an area committed to conservation, fisheries or wildlife management
        purposes by covenant or deed shall be called upon to demonstrate by a
        fair preponderance of evidence that such development or activity or any
        development or activity related thereto will not significantly interfere
        with or damage the primary conservation or wildlife management purpose
        of the affected area.
        It shall be further demonstrated by reliable and probative evidence
        that the coastal resources are capable of supporting the proposed
        activity including the impacts and/or effects upon:
             1.  Public access;
             2.  Construction, operational or traffic related noise and activity
                 especially as these affect wildlife;
             3.  Natural processes such as sedimentation, runoff, coastal
                 erosion and the like;
             4.  Air and water quality;
             5.  Visual and aesthetic resources.
             6.  Cultural resources.
        Where significant interference with or damage to the primary conservation
        or wildlife management purpose of the affected area is found the Council
         shall prohibit or require appropriate modification of the proposal in
        question.
    C.  The Council recognizes the management responsibilities of the Department
        of Environmental Management, the U.S. Fish and Wildlife Service, the
        National Marine Fisheries Service and private conservation organizations
         such as the Audubon Society of Rhode Island and the Nature Conservency.
         It shall support these agencies to the maximum extent consistent with
        other Council Policies and Regulations.

                                          159

         440      RECREATIONAL BOATING AND BOATING FACILITIES; RESIDENTIAL
                  DOCKS AND PIERS

    440.0-1 FINDINGS:

    A. Recreational boating is one of the most significant, widespread and popu-
        lar uses of Rhode Island's coastal waters. It is an activity of regional
        significance.
             - Nearly 17,000 boats were registered in the state in 1976, up some
               16% from 1974.
             -State waters are heavily travelled by out-of-state craft. They
               account for 36% of recreational boating revenue according.to
               Department of Economic Development statistics.
             -Recreational boating generated gross sales of over $13 million in
               1976.
             -Recreational boating expenditures generate additional activity
               throughout the state's economy - up to $276 for each $100 spent.
    B. Popular boating anchorages, harbors and marinas are crowded, often to the
        point of saturation.
             -Demand for mooring, docking and storage space is a particularly
               severe problem.
             -As of 1975 according to surveys undertaken at the request of the
               Department of Economic Development there were 5,400 slips, 2,500
               moorings and 4,500 winter storage spaces in the state. Waiting
               lists for these get longer every year.
             - Crowding creates numerous problems.
                      It detracts from the quality of the boating experience.
                      It increases conflicts among sports fishermen, sailors,
                      waterskiers and commercial vessels.
                      It creates hazards where boating activity spreads into
                      swimming, skin diving and shellfishing areas.
                      It increases noise, litter and pollution from toilet dis-
                      charges, exhaust by-products and occasional fuel spills.
                      It generates pressure on environmentally sensitive areas
                      such as salt ponds, eelgrass beds and waterfowl habitat.
    C.  Boating activity is on the increase, especially for craft in the sixteen
        foot and under size range.
             - Department of Economic Development projections predict a possible
               increase in the number of Rhode Island boats of as much as 92% over
               the next 20 years, although rising fuel costs and general economic
               conditions may act as restraints.
             - Demand for berthing space will increase in proportion to increases
               in boating activity by a possible 390-780 boats per year through
               1980, 440-880 boats per year between 1980 and 1985, and by as many
               as 1,000 boats per year through 1990.
    D. Expansion opportunities at existing marinas are limited.
             - Only about 1,000 new berths were planned when the Department of
               Economic Development undertook its survey in 1975. This is enough
               to meet only 65% - 85% of immediate demand.
             - Expansion is limited by:
                      Preexisting development concentrated along the shorefront
                      of most of the state's popular recreational harbors;
                      By zoning constraints;

                                         160b

                    * By environmental protection regulations and standards;
                      By dredging costs and procedural difficulties and time
                      delays in obtaining necessary state and federal
                      structural and/or dredging permits.
    E. Suitable sites for new marinas are in extremely short supply.
             - For most of the above reasons.
             - Because of relatively rigid siting requirements including:
                      Superior road access;
                    � A large site - an economically viable marina of a minimum
                      200 slips requires some five acres of land for parking,
                      storage and service structures;
                     Access to sheltered waters open to the Bay or ocean;
                      Adequate nearshore water depth;
                      Restrictions on siting in SA waters.
    F. Residential piers, docks and wharves are proliferating, often to the
        detriment of other legitimate coastal activities.
             - Piers, docks and floats already constitute the single largest type
               of Council permit activity - 35 to 40% of all applications received
               between 1971 and 1975. The vast majority of these applications
               were for private single-residence structures.
             - Piers, docks and floats tend to concentrate along the shores of
               protected coves, coastal ponds and tidal rivers.
             - These concentrations contribute to crowding, aesthetic deteriora-
               tion and most importantly interfere with constitutionally guaran-
               teed public rights of access to and along the low water shorefront.
             - Substantial difficulty has been encountered in controlling pro-
               liferation of docks and piers because of the incremental nature
               of the problem.  Many individually innocuous proposals have col-
               lectively had a substantial impact on the ~tst.'l shoreline.

             - The state can, therefore, deny or restrict without compensation
               wharfage privileges for any of a variety of public purposes
               including protection of access, navigation, commerce, fisheries
               or the environment.

    440.0-2  POLICIES AND REGULATIONS:
    A.  The Council finds recreational boating to be a high priority use of the
        coastal region.  However, more efficient use of existing marina space shall
        be preferred to new marina development and undirected proliferation of
        docks and piers will be actively discouraged.
    B.  Operation of recreational craft:
             i.  Must be in compliance with applicable Department of Environmental
                 Management Division of Boating Safety regulations regarding
                 load li'mits, safety devices, rules of the road, and operation
                  in restricted zones such as bathing, shellfishing and skin
                 diving areas.
            :2.  Must be in compliance with posted municipal and state speed and
                 minimum wake regulations pertaining to channels, anchorages and
                 other water bodies.

                                         161

    C. Overboard discharge of wastes, sewage and litter:
             1. Overboard discharge of oily wastes and residues from spills,
                 exhausts, engine cooling waters or any other source is pro-
                 hibited pursuant to applicable Coast Guard standards and
                 regulations.
             2. Overboard disposal of litter, garbage, refuse or any other
                 similar solid waste material is prohibited.
             3. Overboard discharges of human waste material shall be subject
                 to all applicable Coast Guard standards, regulations, require-
                 ments and timetables for compliance.
    D. Marina development and expansion:
             i. The Council encourages marinas to seek innovative solutions to
                 increased demands for mooring, dockage and storage space including
                 dry stack storage, alternative slip and mooring configurations
                 and the like.
             2. Marina development and expansion shall be subject to all Council
                 policies and regulations pertaining to effected marine, inter-
                 tidal and coastal resources and uses of those resources.
             3. Proposals for marina expansion and development shall in all
                 instances contain a description of related dredging and dredged
                 material disposal, bulkheading, or breakwater requirements and
                 proposals. The purpose of this regulation is to protect the
                 applicant from initiating developments for which other necessary
                 approvals will not be forthcoming.
             4. Proposals shall provide for sanitary facilities and related
                 sewage treatment and disposal systems sufficient to service addi-
                 tional marina users.
             5. Proposals shall provide for sufficient on-site parking to ser-
                 vice additional marina users, where applicable.
    E. Marina and residential dredging and dredged material disposal: See
        Chapter 5, Section 530
    F. Residential docks, piers and floats:
             1. The Council specifically recognizes the public's constitutional
                 right to lateral access along the shorefront below the mean high
                water mark.
            2. Applicants for residential docks, piers, wharves or any other
                 structure extending from lands above the mean high water mark
                 into and across tidal waters below this mark shall be called
                 upon to demonstrate by a fair preponderance of evidence that
                 their proposal will not interfere with or prevent public access
                along the shore below mean high water.
                    In evaluating such applications and evidence pursuant thereto
                    the Council shall consider:
                        a.  The presence, number and distribution of docks, piers,
                            wharves, etc. along the shorefront in question;
                        b.  The probability of future dock, pier and wharf con-
                            struction based on ownership and development pat-
                             terns along the shorefront in question;
                        c.  The collective impact these docks, piers and wharves
                            have or may have on lateral public access;

                                        162

                  Where interference with or prevention of lateral public
                  access is found the Council shall prohibit or require
                  appropriate modification of the proposal in question.
              d.  The structural stability of all navigation structures.

                              450  HISTORIC PRESERVATION

    450.0-1  FINDINGS:

    A. The Rhode Island coastal region has a rich and long history.
           - The first Europeans under Giovanni da Verazzano visited the future
             site of Newport in the early 1500's and were greeted by friendly
             and prosperous Indians.
           - Traces of precolonial and colonial settlements are probably pre-
             served in archaeological sites which are thoughtto occur in the
             state.  However, there is presently no thorough inventory of Rhode
             Island's archaeological sites.
           - The cities of Newport and Providence and the villages of Wickford
             and Kingston were all major political and cultural centers and
             are dotted with historic buildings.   Many other coastal areas have
             historic significance as well.
           - The majority of the state's designated historic places, buildings,
             and districts are within the coastal region. Many significant
             military artifacts such as Fort Adams in Newport remain as important
             tourist attractions.
    B.  The state has a vigorous Historical Preservation Commission.  The Commission
        acts in cooperation with the National Park Service at the federal level
        and with local historic commissions at the municipal level to identify and
        protect areas and sites of historical and archaeological significance.
           - The Commission is conducting a statewide survey, which identifies
             places of historical importance and recommends programs for historic
             preservation.
           - Some 180 historic places in coastal communities have been entered
             on the national and state registers.
           - The Historic Preservation Commission reviews all publicly financed
             or licensed projects affecting designated historic sites either
             directly or through the impact of adjacent developments.
           - The Commission is empowered to review the environmental and
             aesthetic impacts of such developments and to make rulings on
             adverse impact.  Where these rulings are contested they are subject
             to federal action by the National Advisory Council on Historic
             Preservation or to state action by the Governor.
    C.  Historic sites and landmarks are a highly significant recreational, cultural
        and educational resource of growing value to the state's citizens and
        visitors alike.  (Sites shown in Figure 4-1)
           - In some cases, they are the only remaining sources of information
             about past cultural processes or ways of life.
           - They provide access to and enjoyment of scenic coastal areas.
           - They contribute to the preservation of and public awareness of a
             rich and varied cultural heritage.
           - They contribute to the variety of recreational opportunity that
             supports the state's tourist industry.
    D.  Effective and responsible coastal management efforts must promote preserva-
        tion of historically significant areas and sites.
           - The Council finds a need to formalize longstanding cooperative
             arrangements between itself and state and local historic preservation
             commissions to insure preservation of registered historical and archaeo-
             logical places and districts.

                                z) N I :HISTORIC PLACES

                                                   *   Historic Places

    :        7 :.                                *X* Historic Areas

                                                   �  '  Historic Districts

                                                    Source: STATEWIDE PLANNING,
     if\                                               ~~~~~~~~~~~~ ,  :     :;   \  .JULY 74 (REVISED).
                                                         NATIONAL REGISTER
                                                         OF HISTORICAL
                                                         PLACES

                         BAY AREA              BLOCK  ISLAND

                                       SOUTH SHORE

                                          164

    450.0-2  POLICIES AND REGULATIONS:

    A.  Preservation of areas and sites of historical and'archeological significance
        is a high priority use of the coastal region.  Activities which damage or
        degrade historic resources shall be considered of low priority.

    B.  The Council shall duly notify appropriate federal, state and local his-
        toric preservation agencies of proposals before it or subject to its
        review where there exists any reasonable probability of these affecting
        the physical preservation, aesthetic quality or accessibility of archaeologic
        or historic sites,   buildings or districts on or eligible for the
        National or State Registries of Historic places.  Such notification
        will follow all applicable provisions of the Administrative Procedures
        Act including most particularly the right to comment and hearing.  The
        Council will weigh the comments of all federal, state and local historic
        preservation agencies prior to any action under this section.

    C.  The Council shall evaluate all proposals subject to its review or permit-
        ting authorities  for their impact on the physical preservation, aesthetic
        quality or accessibility of eligiible or designated archaeologic orhistoric sites,
        buildings  or districts.  It shall require modification or shall prohibit
        proposed contiguous uses where it finds a reasonable probability of
        adverse structural impacts on such designated sites, buildings or districts.
        It shall consider modification of proposals likely to affect the aesthetic
        quality or accessibility of such sites, buildings or districts.
    D.  The Council sh'all be duly notified of all additions to federal and state
        registries of historic places and landmarks, as well as eligibility
        determinations by nominating agencies.  This shall enable it to more
        effectively contribute to their preservation.

                                460  RESEARCH

    460.0-1  FINDINGS:

    A. Environmental baselines must be established to measure and respond to man's
        impacts on Rhode Island's coastal and marine resources.
             - At their most basic level environmental impacts reflect themselves
               in changes to ecological systems.
             - If impacts are to be properly identified we must accumulate base-
               line information against which to measure such changes.
             - Baseline information is best accumulated through ongoing research
               and long-term sampling of the same site.  Ongoing research helps
               distinguish between natural fluctuations and those impacts generated
               by man's activities.
             - Rhode Island is fortunate in having a large number of marine and
               coastal data stations on which scientists at the state's various
               universities and within the Department of Natural Resources have
               been accumulating data.  These data are an invaluable asset in
               developing coastal management plans and programs.
             - Data stations are highly sensitive to localized impacts and environ-
               mental alterations which interfere with the acquisition of accurate.
               information.
    B.  As coastal planning and-management efforts expand in scope and sophistica-
        tion and as changing social and environmental conditions generate needs
        for periodic updating and refinement of these efforts the demand for
        information continues to grow.

                                         165

              -The task before us generates increased demands for information
              *useful in effectively managing coastal resources.
              -Information needs are as varied as the many issues facing
               the stat~e's coastal region. They include environmental data and
               the monitoring of public expectations and priorities.
              -Research produces numerous social benefits in addition to the
               value of the information it generates. Of great interest to the
               Council are the many educational opportunities it opens to
               scientists and students at the state's high schools and universi-
               ties. Of further interest is the state's very active and growing
               private marine research industry.

    460.0-2 POLICIES AND REGULATIONS:
    A.  Research on coastal and marine ecosystems and processes and on the impacts
        of man's various activities on these systems and processes is a vital and
        high priority element of the state's Coastal Resources Management Program.
    B. Applicants for Council permits for any development or activity at or
        contiguous to a designated environmental research/data station shall be
        called upon to demonstrate by a fair preponderance of evidence that such
        development or activity or any development or activity related thereto will
        not interfere with the primary data acquisition and/or research function
        of the affected station.
          I't shall be further demonstrated by reliable and probative evidence
       that the coastal resources are capable of supporting the proposed
       activity including the impacts and/or effects caused by:
             1. Construction, operation or traffic;
             2. Noise, odor or other impacts on air quality;
             3. Impacts oh natural processes such as sedimentation, runoff,
                 erosion and the like;
             4. impacts on water quality, chemical, particulate or organic
                 characteristics.
       Where interference with the primary data acquisition and/or research
        function of an affected station is found the Council shall prohibi~t or
        require appropriate modification of the proposal in question.
    C. Uses of marine and coastal areas subject to Council jurisdiction which
       do not require a specific Council permit shall be considered in violation
       of Council management policies where they interfere with the primary
       data acquisition and/or research function of a designated research/data
        station. Such interference may be in any of the forms identified under
        I through 4 above.

                         470   THE BAY ISLANDS PARK

    470.0-1 FINDINGS:
    A.  The Council endorses and supports the Bay Islands Park conce pt both in its
        existing elements and those proposed for future acquisition.
             -The Council has participated in the development of the proposed
              park system since its inception. The recently published Bay Islands
              Park: A Marine Recreation Plan for the State of Rhode Island was
              jointly sponsored and produced by the Council in cooperation *with
               the Department of Natural Resources.0

                                         166

    B.  The Council believes that the proposed park represents a unique opportunity
        to develop an exceptional recreation facility in the Narragansett Bay
        area.  It finds:
             - That this opportunity will be lost if timely state action is not
               taken.
             - That the Bay's islands are among the state's greatest natural
               assets and potentially a most valuable recreational resource.
             - That recreational and open space use of the various islands pro-
               posed for inclusion in the parksystem will offer a unique recrea-
               tional experience to generations of Rhode Islanders.
             - That the park will provide much needed additional marine oriented
               recreational outlets to residents of the upper Bay's metropolitan
               concentrations.
             - That it will be compatible with economic development objectives
               because it focuses on areas of limited commercial-industrial
               potential either due to access or topographic difficulties.
             - That it will enhance the attractiveness of the state for residents,
               visitors, commerce and industry by preserving areas of unspoiled
               natural beauty within the state's most developed region.
    C.  The Council supports the underlying objectives of the Park system.
             - To make the  Bay's islands more accessible to all the state's
               residents by expanding private ferry service,
             - To provide a wide variety of water enhanced recreational opportuni-
               ties with particular emphasis on such high demand activities as
               bathing, picnicking, fishing, sightseeing, boating, hiking and
               hunting.
             - To preserve open space, cultural resources, scenic vistas, educa-
                tional opportunities and valuable wildlife habitat.  The Council
                supports the special management programs initiated by the Depart-
                ment of Environmental Management to protect Hope Island's newly
                established and flourishing heron and egret colony.
             - To expand on rather than duplicate opportunities provided elsewhere.
             - To keep facility development at a minimum.
             - To respect the rights and privacy of island residents.
             - To develop the system and spread its cost on the basis of defined
               priorities.
                       Highest priority to low-cost opportunities including
                      the upgrading of areas already in state ownership and the
                      development of free (for public recreation purposes) federal
                      surplus property;

     470.0-2  POLICIES AND REGULATIONS:
    A.  Development of the Bay Islands Park System as already initiated by the
        Department of Environmental Management shall be a high priority of the
        Rhode Island Coastal Resources Management Program.  Developments and
        activities inconsistent with this objective shall have low priority.
    B.  Designated Bay Islands Park holdings shall be subject to all Council
        Policies and Regulations for public parks and beaches, public access
        areas and historic preservation as set forth in this Chapter.

                                        167

    C.  Applications for Council permits for any development or activity on or
        contiguous to an area proposed for inclusion in the Bay Islands Park
        System, but not already owned or operated for Park purposes, shall be
        reviewed for their consistency with proposed recreation or conservation
        uses. Where the Council finds a reasonable probability of inconsistency
        it shall forcefully urge appropriate modification of the proposal in
        question.

             Chapter 5

             Coastal
             Development

     :~~~~~~~~~~~ :
    _

               ~..~1 \
      ,~~~~~~~~~~~'Y~~"t/.'''' " .  ' t
       a: : :~~~~~~~~~~~

    ,m:,:

                                           168

                                510:   RESIDENTIAL DEVELOPMENT

    510.0-1 FINDINGS:

    A.   Residential development is expanding more rapidly in the coastal region
         than in other parts of the state.

                Coastal cities and towns are actively involved in managing
                 residential development.  All have adopted zoning ordinances,
                 and most have adopted subdivision regulations.

              -  All coastal communities, except New Shoreham and the large
                 cities, grew in population by at least 20 percent through the
                 1960's.  Five grew by more than 50 percent, as opposed to
                 a statewide average of 10.5 percent.

              -  Some of the expansion is being accommodated by conversion of
                 seasonal housing (the number of seasonal houses statewide
                 dropped by 27% through the sixties;) a trend which is expected
                 to continue. Some of these converted homes are not suitable
                 for year-round occupancy.

    B.   There is enough suitable land within the coastal region to meet projected
         needs for residential expansion. Residential development is a necessary
         and appropriate use of the coastal region. There is a growing need, how-
         ever, to insure that residential development does not extend into sensi-
         tive natural areas or areas hazardous for development. It is also important
         that new development does not overtax state and municipal services or
         adversely affect areas or activities of broad social significance such as
         recreational areas.

              - Residential development has, however, frequently taken place
                 with little consideration of the suitability of the site chosen.
                 Significant areas in the coastal region have constraints for
                 development.
                           Of land within the coastal region some 9% is
                               hazardous due to periodic coastal flooding;
                           Much is poorly or very poorly drained and 50% has
                               at least some drainage problems;
                           Other land is unsuitable because of shallow soils,
                               severe slopes or the presence of wetlands.

                 Local and state zoning laws generally fail to address these
                 problems. The present state zoning enabling act mentions
                 only flood-prone areas.   Few coastal  communities base their
                 zoning ordinanceson soil surveys.  Six have zoning pro-
                 visions that restrict the use or layout of sites in the flood
                 hazard areas which are present in all coastal communities.
                  Few have   provisions that recognize development limitations
                 in the areas of very steep slope which are also present in all
                 but one coastal community.

                              169

    Residential development has frequently been initiated with
    little consideration for the demands it places on public
    facilities and services. Problems have arisen where these
    services are insufficient.
              Health and environmental problems have occurred
                 when conversion of seasonal homes to year
                  round use overtaxed the capabilities of on-
                  site disposal systems and public sewers
                 were not available. This is of particular
                  concern near sensitive natural areas such
                  as coastal ponds and wetlandswhere ground-
                 water levels and water quality are easily
                  affected.
              One-half of the coastal communities have no public
                  sewers or very limited service areas, but
                 most have extended public water systems and
                  allowed small-lot development without insuring
                  that soils are capable of adequately absorbing
                  sewage. As a result the pace of sewer con-
                  struction has had to be accelerated, often at
                  great expense to local taxpayers.

    The state's principal direct control over residential develop-
    ment has until recently been limited to Department of Health
    regulations pertaining to the siting and design of on-site
    sewage disposal systems.
              A Department permit is required prior to construc-
                  tion of such systems, although required percola-
                  tion tests focus primarily on direct threats
                  to human health and water quality.
              Department.regulations do not address many issues
                  of concern to the Coastal Resources Management
                  Council such as siting in areas of high flood
                  hazard, proximity to sensitive natural areas,
                  impacts on adjacent recreational areas, public
                  access points, or conservation areas.
              The Council by express legislative mandate, however,
                  has final regulatory and permitting authority
                  over sewage treatment and disposal within the
                  coastal region and may exercise this authority
                  where it finds a reasonable probability of
                  adverse impacts on the resources of the coastal
                  region or conflicts with plans for the utiliza-
                  tion or preservation of those resources. Where
                  it finds such probabilities, the Council is
                  authorized to modify, set conditions for or
                  reject the design, location, construction, alter-
                  ation or operation of treatment and disposal
                  systems.
              Because of the expansive nature of its legislatively
                  mandated planning and management responsiblities
                  for the coastal region the Council finds an
                  obligation to reflect these responsibilities in
                  regulatory policies pertaining to sewage treatment
                  and disposal.

                                          170

                Other direct state controls relative to residential development
                 include regulations for the protection of freshwater  wetlands
                administered by the Department of Environmental Management
                          .These establish as public policy preservation of
                               the purity and integrity of freshwater ponds,
                               streams, rivers, swamps, marshes and bogs.
                          They require a Department permit for any alteration
                               to the character of a freshwater wetland and
                               set forth standards for unacceptable altera-
                               tions including:
                                 - reduction of the flood retention and
                                    mitigation ability of the wetland;
                                  - reduction of its groundwater. recharge
                                    capacity;
                                  -  reduction of water quality; or
                                  - reduction of wildlife habitat or recrea-
                                     tional value of wetlands with outstanding
                                    aesthetic, ecologi-cal and/or cultural
                                     significance.

    C.   Low density residential expansion within the state as a whole is contin-
        uing. This is frequently wasteful of land and other resources.

                 If present trends continue more coastal land could be devel-
                 oped between 1960 and 1990 than in the preceeding 300 years.

                Since the state is so small (less than the size of the average
                U.S. county) the resultant loss of rural and scenic areas will
                affect all state residents.

                Agricultural lands are being particularly hard hit by develop-
                ment pressures.  Most of the state's farmland could be gone
                 by the late 1980's.

                 Compact anddplanned residential development offers numerous
                 advantages over existing low density development.
                           Road and utility costs could be cut in half;
                           Energy and water consumption could be cut by
                               35 to 45 percent;
                          Air pollution could be reduced by 45 percent.
                           Increased amounts of space could be left open
                               or committed to other desirable uses.

              - Two fundamental impediments to more compact and efficient
                 use of developable land exist, however;
                           Existing state zoning enabling legislation
                               does not encourage it.
                           Municipal zoning ordinances frequently do not
                               allow it.

    510.0-2 POLICIES AND REGULATIONS:

    A.   The Council recognizes that the General Assembly has delegated authority
        to local government so that they have the principal responsibility to plan
        for and manage land use and development, much of which is of local concern
        only. The Council encourages and shall endeavor to support local efforts
        to adopt plans and zoning ordinances that:
         1.   recognize the development potential of land in or near existing
              urban areas and public water and sewer service areas (designated
              for higher intensity and medium intensity development in the
              coastal region plan);
         2.   make a distinction between urban areas (higher and medium inten-
              sity development in the coastal region plan) and rural areas
              (agricultural and rural/resource land in the plan), based on
              land capability and availability of public services;
         3.   guide development away from agricultural land; and
         4.   recognize the constraints on development of poorly drained,
              steep, or shallow-to-bedrock soils (land with development con-
              straints in the coastal region map).

    B.   The Council recognizes continued undirected low-density residential
         development as an inefficient and frequently wasteful use of the state's
         land resource. It finds so called "sprawl," a problem of statewide
         magnitude and concern, neither unique nor indigenous to the coastal
         region. It believes, therefore, that the only proper and effective
         approach to this problem must accommodate and address its statewide
         scope. The Council consequently supports and urges passage of
         Bill 77H-6299, An Act Establishing A State-Local Land Management Pro-
         gram. It finds the Act's purpose, to wit:
                      relating development to-physical capabilities of land;
                      relating intensity of development to availability of public
                             service;
                      recognizing the areawide impact of some development decisions;
                      protecting valuable natural resources and areas;
                      reserving suitable sites for needed economic development;
                      providing adequate housing for all residents; and
                      improving the visual quality of development.

         fully consistent with and supportive of its own planning and management
        objectives relative to utilization of the state's coastal resources.

    C.   Pending passage of comprehensive statewide land management legisla-
         tion, however, the Council finds there is much that it can do on its
        own authority to effectuate the intent of such legislation as it
         relates to the coastal region.

        Specifically, through implementation of its regulatory and permitting
         powers relative to coastal physiographic features, coastal wetlands
        and sewage treatment and disposal, the Council has adopted policies
         relative to development of and/or developments on or contiguous to:

         1.   Barrier beaches (Section 120.0-2)
        2.   Sand dunes (Section 120.0-2)
        3.   Coastal cliffs, ledges and bluffs (Section 120.0-2)
        4. Coastal wetlands (Section 120.0-2)
        5. Flood hazards (Section 120.0-2)

                                           172

         6.   Coastal erosion (Section 140.0-2)
         7.   Conservation and management areas (Section 430.0-1)
         8.   Public Access to the shore (Section 410.0-1)

         The Council has further adopted specific policies for sewage treatment
         and disposal  related activities and developments of any sort within
         or affecting the coastal region and its resources (see Section 310.0-2).

                              520:    URBAN WATERFRONTS AND PORTS

    520.0-1   IDENTIFICATION:  See Figure 5-1

    A.   General Cargo and petroleum products:

              The state's major general cargo and petroleum import-export center
         is the Port of Providence, defined here as including port facilities
         along both the Providence and East Providence shores of the Providence
         River at the head of Narragansett Bay.

              Satellite petroleum and lumber import facilities are located off
         the Fall River shipping channel in Portsmouth and Tiverton.

    B.   Commercial fishing and recreational boating:

              The state has two principal commercial fishing ports at Galilee and
         Newport which together account for 95% of commercial landings (see Section 210.0-1)
         Warwick Cove, Newport, and to a lesser extent Galilee are also important
         recreational boating ports.

              The state's many other smaller ports and harbors (see Figure 5-1) are
         primarily recreational in orientation, but support small commercial trawl,
         lobster, mollusk and fish trap fisheries.

    C.   Federal surplus port facilities:

              Navy piers and related port and petroleum storage facilities are
         located at Quonset Point-Davisville on the west shore of the Bay and at
         Coddington Cove and Melville on the East Bay (Aquidneck Island).
         These facilities have been excessed by the Navy to the General Services
         Administration (GSA) for disposal.   However, several  parcels are being
         re-evaluated by the Navy for possible future programs.  Final disposal
         of any of those facilities, moreover, is being held in abeyance pending
         the completion by GSA of a comprehensive Environmental Impact Statement
         (EIS).

    520.1  General Cargo and Petroleum Ports

    520.1-1  FINDINGS:  THE PORT OF PROVIDENCE

    A.   The Port of Providence is the state's major cargo terminal and port
    facility.  It consists of approximately ten miles of commercial waterfront
    extending along both shores of the Providence River (Figure 5-1).

                                      173                      Figure 5-1

                                 /~~~~~~ MAJOR
                                                                     RHODE ISLAND
                                                                           PORTS

                                                                      T TIVERTON
                                             * **.  ~ ~ ~   ~ ~ ~     SHIPPING AREA

                                                                      \  PROVIDENCE
                            .>.;~~~~~~~~;.                                  R~~~~~EOCREATIONAL,
                           .3 .....    .                                     CO~~~~~~~~MMERCE
                            -                                               ~~~~~~~~~~~~~~~FISHING
                             _I IX                                          ~~~~~~~~~~~~FEDERAL SURIPLUS
                                                       4,           ::..*  ~~PORT FACILITIES
                      I*.
                                                                      -SHIPPING CHANNEL

                                                                         U.S DEPARTMENT OF
                                                                         COMMERCE,, COAST

                                              BAY AREA               BLOCK ISLAND

        ~CONN.~

                I~~~~~~~~~OT SHR
    Maps of these features(scale of j: 12000) are available at the Council's offices

                              174

    The port contains 10 public wharves, 14 private docks or
    piers, and at least nine private marinas.:Fourteen of these are
    primarily petroleum (gasoline, oil and lubricants) related
    and abut privately operated tank storage farms. Six are
    dry and bulk cargo related, one is a ferry pier and seven
    service tow and tugboats and recreational craft.

    Port acreage totals approximately 635 acres, which may be
    categorized as follows:
               540 acres petroleum handling and storage;
               25 acres bulk cargo handling and storage
                  (open and warehousing);
               70 acres miscellaneous commercial and marina.

    The main shipping channel has been dredged to an authorized
    depth of forty feet along its entire length.  Shoal
    areas off Fuller Rock Light and Conimicut Light which had
    previously limited the port to vessels with a maximum draft
    of thirty feet were dredged in 1974.

    Dredging of three berths (450 feet, 595 feet, and 688 feet
    respectively in length) at the Providence municipal wharf
    to a depth of forty feet is currently underway.

    Control depth at private petroleum piers ranges between
    30 and 38 feet.

    A substantial area of the upper harbor between Bold Point
    and Green Jacket Shoals is shoal and littered with
    abandoned and deteriorating piers and barges. Commercial
    opportunities in this area are consequently limited.

    Port related employment is difficult to compute because of
    the variety of activities involved. The port director esti-
    mates sixteen administrative and security positions and two
    to three hundred stevedores at any one time.  Indirect employ-
    ment in port related transportation, vessel servicing, and
    commercial-industrial activities is substantially higher than
    the above figures, but specific numbers are not available.

    The port has a major economic impact on the City of Providence
    and East Providence and on the state as a whole through:
    direct and indirect employment; taxes and duties; dockage,
    wharfage and storage fees; vessel and crew servicing, refuel-
    ing and repair; and stimulus to trucking and railroad business.
    Although the precise magnitude of this impact is unknown:
              The U.S. Economic Development Administration has
                  estimated that each dollar of petroleum
                  product landed generates an additional five
                  to seven dollars of economic activity in the
                  market area.

                                           175

                          Similar multipliers for other cargo sectors have
                               not been developed. However, port officials
                              agree that bulk and general cargo, primarily
                               through higher related employment, have a
                              greater per dollar impact on the local
                               economy.

              - The value of 1975 international cargos, which were only a
                 portion of the total, are shown in Table 5-1.

    B.   Providence is a major regional import center - imports accounted for 98%
        of total 1976 tonnage handled.  Petroleum products accounted for 93.5% of
         these imports (82% of this was gasoline and fuel oil) and 65% of exports
         by tonnage, making the port the fuel distribution center for eastern
         Connecticut, Rhode Island and Southeastern Massachusetts (a market
         population of seven million people).

                 Import/export patterns over the last ten years indicate an
                 erratic pattern of slow net growth (Figure 5-2 ). (Rhode Island
                 Transportation Plan - 1990, Report No. 19, R.I. Statewide
                 Planning Program 1973).

              -  Import/export patterns in petroleum products roughly paral-
                 lel overall patterns reflecting the strong contribution of
                 petroleum handling to the general cargo mix (FigureS-2).

              -The port's principal exports are scrap metal (Providence is
                 the region's largest exporter) and petroleum products (much
                 of which is transported by truck).

              -  Petroleum products account for a substantial proportion of
                 the landed value of products handled (Table 5-2). However,
                 bulk and general cargo traffic has increased significantly
                 in recent years, especially foreign automobile imports.
                 In support trends and port improvements suggest that bulk and
                 general cargo will be the dominant growth sector in the
                 foreseeable future.

    C.   Ongoing improvements of both Providence and East Providence Port facili-
         ties and surplus storage capacity at existing petroleum tank farms sug-
         gest that port expansion is likely to continue and that bulk and general
         cargo handling may increase substantially. The economic activity resul-
         ting from such expansion would benefit the cities of Providence and
         East Providence, the entire state, and the Southeastern New England region
         as a whole. The Council believes, therefore, that port expansion should
         be encouraged.

                 In addition to the previously mentioned berth dredging at
                 the municipal pier, the City of Providence has earmarked
                 bond monies for rebuilding and repairing associated ware-
                 houses, constructingadditional warehouses, installing
                 sprinkler systems, repairing and extending paved pier sur-
                 faces and loading areas, removing excess trackage and
                 upgrading drainage systems. These improvements will
                 attract more and larger general cargo vessels to the port.
                 Lumber, steel and automobile imports are already increasing.

                              176

               PORT OF PROVIDENCE PATTERNS AND TRENDS1

                              Table 5-1
                                                     2
          Manifested International Cargo Evaluation   - 1975

          Domestic Exports        --           $ 21.63 million
          Domestic Imports        --           $176.32 million

            It should be recognized that these statistics
            reflect international traffic only. Hence it
           gives an extremely conservative perspective on
           port related activity, most of which is domes-
            tic and much of which involves land transporta-
            tion as well.
           2
           These statistics are from U.S. Customs, which
           do not include shipments of less than $1,000,
            $2,000 Canadian. In addition, the amounts
            reflect owner evaluation, so the minimum value
            is indicated.

                               TABLE 5-2

                         1975 Imports By Value3

             Petroleum Products ......... $78.4 million ... $651 million
             Automobiles  .     ....... I.... $72.6 million
             Steel, Industrial Parts.... $12.4 million
             Lumber products............   $ 6.5 million

    3U.S. Customs statistics (do not reflect domestic traffic)

    4ncludes domestic tanker traffic.

                                177
                                                 Figure 5-2

            IMPO.lRT EXPORT  PATTERNS BY TONNAGE (1968-1976)

           10.
                                       (9.5)

                                             -.."'      (7.7,
                 (7.8-                          (7  i \<s,  Imports

            7  .

            6.
    MILLIONS
     OF     5-
     TONS    4
            4-

            3-

            2.

                       .1.(. 'o.2) Exports

            0                     .         .     .      .
             1968  1969  1970  1971  1972   S73   1974  1975   1976
                             FISCAL   YEA.R

               PETROLEUM  IMPORT EXPORT  PATTERNS
                     BY  TONNAGE  (196'8-1976)

            10-
            9,                              (8. 8)

              �'               (7.8)
                                             8  6)8.       ) Imports

            6'
    MILLIONS
       OF    5-
      TONS
            4.

            3.

             2-
                                       (1.4)
              ,I    9 (0.89).() Exporls

             1968  1969  1970  1971  1972   1973  1974  1975   1976
                             FISCAL YEAR

                                           178

                Long range redevelopment plans under preparation by the
                Mayor's Waterfront Development Committee provide for contin-
                 ued improvement of the municipal pier area with supporting
                 commercial-industrial development concentrated inland of
                 the Route 95 corridor. The Council finds that this pattern
                would greatly enhance the port's development potential.

                 Port activity along the East Providence shoreline is also
                 likely to increase as a consequence of the Providence and
                Worcester Railroad's proposal to substantially expand the
                area South of the Wilkesbarre Pier and north of the Gulf Oil
                Terminal.  This expansion, which has already been approved
                 by the Council,  and is currently being reviewed by the Corps
                of Engineers, will put an underutilized length of commercial
                 shoreline into productive use.

                A proposed clean up of the upper Providence and Seekonk
                 Rivers under consideration by the Corps would open up addi-
                 tional areas on both shores to port and related commercial
                 use by removing dilapidated piers, warehouses and abandoned
                 barges.  A major impediment to this $2.9 million project is
                 the absence of local funds to match the Federal Government's
                 75% contribution.  The Council recognizes the need to assist
                 the cities involved in obtaining necessary funds to initiate
                 this project.

                The Council recognizes the contribution of the port's petro-
                 leum handling and distribution facilities to the state and
                 regional energy supply network and to the many people and indus-
                 tries it services.  The Council finds, however, that there
                exists sufficient storage potential within the property
                 bounds of existing shorefront tank farms to handle Drojected
                 requirements for the foreseeable future. It therefore conclude-
                 that commitment of additional shorefront or port lands to tank
                 storage of petroleum products is unnecessary (see Section 640.1-1).

    D.   While recognizing the growth potential of the Port of Providence the
         Council sees a number of impediments to full realization of this poten-
         tial.  These include difficulties associated with dredging, removal of
        deteriorating facilities, long range port planning, and redevelopment
        costs.

                Additional dredging at berthing facilities to an authorized depth
                of forty feet will be necessary to obtain maximum benefit from
                 existing piers and wharves.
                           The cost of major dredging projects is rapidly
                                increasing;
                           Environmental concerns have greatly complicated
                                the tasks of identifying acceptable disposal
                                sites and techniques for handling polluted
                               dredged  material;
                           Major dredging projects have been stalled as a
                                result

                                          179

                Abandoned and deteriorating structures and vessels  can create
                navigational hazards and preempt significant amounts of
                harbor waters and port shoreline.
                           It has proved difficult to establish ownership
                              and liability for the removal or restora-
                              tion of many of these obstructions.
                          State and local funds for removal are limited
                              and the difficulty of establishing ownership
                              frequently places the entire financial bur-
                              den for removal on the public.

                Port expansion and redevelopment is extremely costly.
                          The Providence-East Providence waterfront is
                              heavily developed and land values are
                              extremely high.
                          Local funds for redevelopment and shoreline
                              protection are limited and state assistance
                              may be necessary.

                Long range port planning is an extremely complicated and time
                consuming process.
                          Planning for the Port of Providence as broadly
                               defined is complicated by the number of
                               governments involved -- four cities, the
                               state and the federal government.
                           Planning must be placed in the overall context
                               of urban development. It must consequently
                               address transportation, public access, recrea-
                               tion, housing and general commercial-industrial
                               issues in addition to narrowly defined port
                               priorities.
              - The Council recognizes an obligation as the state's principal
                 agency for coastal planning and management to participate in
                 the solution of these problems.

    THE TIVERTON SHIPPING AREA:

    A.   The Tiverton shipping area is not a discrete port, but rather two con-
         centrations of piers and related storage facilities located in Portsmouth
         and Tiverton off the Fall River shipping channel (Figure 5-1). Tiverton
         facilities are committed primarily to petroleum products.

                 Tiverton facilities consist of four major piers with lengths
                 ranging between 600 and 700 feet and control depths of
                 34-35 feet. Storage capacity is approximately 2.2 million
                 barrels.

                 Control depth in the main shipping channel is 34 feet at
                  low tide.    The turning basis in the Tiverton channel is
                 approximately!ZOO feet in length. Because of the channel's
                 limited depth and the small size of the turning basin, use
                 is limited to high tide and groundings are a potential
                 problem for the larger vessels (32,000 dead weight tons)
                 servicing this area.

                 Tiverton facilities handle considerably less volume than
                 the Port of Providence (in 1972, 988 thousand tons as
                 opposed to 8.5 million tons for Providence).  Petroleum
                 products make up the bulk of imports which account for
                 73% of the total tonnage.
                 Exports, which account for 27% of the total tonnage are
                 refined petroleum products such as gasoline, fuel oil
                 and kerosene.

    520.1-2  POLICIES AND REGULATIONS:

    A.   The Council recognizes that the Port of.Providence and the Tiver-
         ton Shipping Area will require periodic navigational improvements and
         maintenance dredging. It shall support environmentally sound dredg-
         ing projects (see Section :530.0-2).

    B.   The Council finds that port related commercial-industrial develop-
         ment including but not limited to facilities for the handling, trans-
         fer, and/or storage of shipped products shall be the highest priority
         use of the Providence - East Providence shorelines within the Port
         of Providence.

         In exercising its regulatory and permitting powers relating to
         shoreline use within this area, the Council shall require applicants
         to demonstrate in addition to other evidentiary burdens (see Section 540.0-2)
         that proposed facilities are port related as defined above.  Demonstration
         by probative evidence of such a relationship shall be a primary consideration
         in approving such applications.

    C.   Abandonment of vessels, piers, wharves or other such structures in
         the navigable waters of the state of Rhode Island is specifically prohib-
         ited. Upon verification of legal title to such abandoned structures the
         Council shall order their removal at owner expense within a time period
         specified in said order.

         Failure to comply with the terms of such an order shall be a viola-
         tion of a duly adopted Council regulation and subject to all fines and
         penalties established by law.  Each day of noncompliance, defined as
         beginning the day after expiration of the specified notice period, shall
         be deemed a separate and distinct violation in accordance with 46-23-1,
         GLRI.

    D.   The Council finds that shorefront siting of petroleum storage facil-
         ities within the confines of pre-existing tank farms is an acceptable use
         of the state's coastline.  It shall duly consider applications for addi-
         tional storage facilities or modification and improvement of existing
         facilities within the confines of established tank farms subject to
         siting. and safety criteria set forth under Section 640.1-2).

    'E.   Pending completion of ongoing energy facility planning studies under
         new section 305 (b) (8) of the Federal Coastal Zone Management Act,
          the Council shall not permit expansion of existing tank farms
         beyond their present bounds nor shall it permit construction of new
         storage facilities along the state's shoreline.  This period shall not
         extend beyond September 30, 1978.

    520.2 Commercial Fishing and Recreation Ports

    520.2~1  FINDINGS:  Point Judith

    A.   Point Judith is one of Rhode Island's principal commercial fishing ports
         and among New England's most prosperous (see Section 210.0-1).

                 In 1975 Point Judith ranked third among New England's
                 fishing ports in landings by weight and fifth by value,
                 and accounted for 67% of all Rhode Island landings of
                 fish and shellfish by weight and 33% by value.

                 The dockside value of 1975 landings was approximately
                 $6.2 million. Since each dollar of fish sold at the
                 dock generates an additional $2.50 in economic activity,
                 1975 landings introduced some $16 million into the
                 state's economy.

                 In 1976 the Point Judith fleet consisted of 105 primarily
                 Rhode Island owned and operated vessels, most of which were
                 trawlers in the forty to ninety foot range.

                 The port also contains facilities for recreational craft,
                 party fishing and tour boats and a dock for the Block
                 Island ferry.

                 Point Judith is also an area of considerable seasonal
                 tourist and recreational activity and contains a state
                 beach, several private beaches and numerous other tourist
                 related facilities.

                 The port supports two fish processing facilities and
                 several businesses, including two shipyards that service
                 the commercial fleet.

                Much of the port's land area and all of the land at Galilee
                where most berthing, unloading, supply and processing facili-
                 ties are concentrated, is owned by the state which, through
                 the Department of Environmental Management and the Council,
                 has committed this land to priority use for commercial fishing
                and related industries.

    B.   The Council finds that the Point Judith fleet can expand significantly
         in size and economic significance in response to growing demand from
        within the fleet itself, and the creation of the new two hundred mile
        domestic fisheries zone by the Fisheries Management and Conservation
        Act of 1976. The Council finds it to the benefit of all Rhode Island
        citizens to support this expansion.

                On a regional basis it has been estimated that from 75 to
                242 vessels in the groundfish fleet along may be added to
                 the domestic fleet as a result of the 200 mile limit. They

                would employ between 900 and 2,500 fishermen and support, possibly
                *a doubling of employment in fish processing. Other existing
                 fisheries may experience similar expansion and new fisheries
                 for species not presently sought by domestic fishermen may
                 develop.

                The Point Judith fleet and Rhode Island, in general, is in
                an excellent position to attract a significant proportion of
                 this expansion because of the vitality of its fishery (a net
                 increase in landings of 110% by tonnage and 238% by value
                 between 1950 and 1975 as opposed to a region wide decrease
                of 55% in tonnage and an increase of only 74% in value).

    C.   Major impediments to growth of the Point Judith fleet exist, however.
        These are of two primary types - lack of dock space and insufficient
        water depth (much of the harbor has shoaled to depths of less than
         twelve feet) to handle larger vessels.

              -  In 1976 the Council in cooperation with local officials and
                 the Department of Natural Resources succeeded in obtaining
                 Corps of Engineers funding to initiate necessary dredging.
                 This  recently completed  dredging   will prevent ground-
                 ings which have become chronic, will allow for the physical
                 expansion of the port and will permit more and larger vessels
                 to berth.

              i-   n addition, the Department of Natural Resources has spent
                 nearly $2 million since 1970 to expand and improve pier and
                 docking facilities.

              -  Competition between sport fishing craft, party boats, and
                 commercial fishing vessels for dock space continues, pending
                 completion of scheduled port improvements. However, it has been
                 minimized by concentrating recreational and party boats in
                 the northern portions of the port, away from fish unloading
                 and processing facilities.

    NEWPORT:
    A.   Newport is Rhode Island's other major fishing port and New England's
         third largest (1975) in terms of the dollar value of landings and sixth
         by weight.  It has experienced an upswing in activity beginning in the
         late sixties due to an influx of out of state boats (primarily from
         Massachusetts),.

                 In 1976, the port handled landings from a fleet of over fifty
                 vessels, primarily trawlers in the forty to seventy foot range
                 (twenty-nine of fifty-four vessels were groundfish trawlers; of
                 these twenty-three were between forty and seventy feet in length).

                 The Newport fishery is dominated by groundfish and lobster.
                 More lobster (approximately 2.2 million pounds) was landed here
                 than in any other New England port in 1975.

                                           183

               - Primarily due to the high value of lobster, 1975 Newport
                 landings exceeded the dollar value of the Point Judith catch
                 ($8.8 million as opposed to $6.2 million).
                           Utilizing the same conversion factor as for
                                Point Judith ($2.50 in related economic
                                activity for each dollar of catch value)
                                Newport landings had an overall 1975 eco-
                                nomic impact of some $22 million. However,
                                becasue the bulk of the Newport catch is shipped
                                directly out-of-state for processing and fur-.
                                ther handling, much of the port's economic
                                impact is shared with neighboring states.

              -  The port supports various marine services, a municipal wharf,
                 and numerous private piers. It contains several shipyards,
                 the largest of which is capable of hauling vessels up to 300
                 feet in length and 3,000 tons displacement.

              - Newport fisheries have growth potential, albeit possibly not as
                 dramatic as Point Judith, under the new 200 mile limit.

    B.   Newport is an important and growing tourist, resort, and recreational
         boating center. An active waterfront and historic restoration program
         continues to enhance the port's recreational attractiveness.

                 Recreation and tourist related expenditures are many and
                 varied and because of this very difficult to compute. How-
                 ever, a single event, the recent seven day visit of the
                 international tall ships fleet, was estimated to have gener-
                 ated some $15.6 million in economic activity.

                 Additional large influxes of out-of-state tourist expendi-
                 tures are generated by such major attractions as the America's
                 Cup Races and other major yachting events.

    C.   The port is extremely crowded, especially during the summer long tourist
         season.

              - Facilities are commonly saturated with visiting yachts and
                 smaller recreational craft.

              -  There is little room for commercial fishing vessels which
                 are forced to raft (moor several abreast) at the few piers
                 available to them.

              -  The Council finds that one of the port's major attractions
                 and certainly a key to its economic vitality is the mix of
                 recreational boating and commercial fishing which it supports.
                 It concludes, therefore, that any solution to chronic crowd-
                 ing cannot favor one use to the exclusion of the other.

    OTHER COMMERCIAL FISHING/RECREATIONAL PORTS:

    A.   With few exceptions, the state's other recreational harbors support small
         commercial fishing fleets (Figure 5-1) particularly in the nearshore fish
         trap, crustacean fisheries, and Bay mollusk fisheries.

                                                184

                  -  Most of these harbors contain small fish handling and retail
                     businesses.They support numerous repair facilities capable
                     of servicing smaller recreational and commercial craft.

                     The aggregate impact of these smaller fisheries while
                     significantly less than for the state's two principal
                     fishing ports is still significant.

                     Commercial activities are also important in attracting
                     federal funds for Corps recommended navigation improvement
                     projects which benefit' recreational boaters and marina
                     facilities as well.
        B.   These smaller harbors are principally dedicated to recreational boating
             and are heavily congested during the summer months (see Section 440.0).

                  -  Crowding adversely affects recreational and commercial
                     vessels and traffic alike.

                  - As with Newport, the Council finds that a key to the
                     attractiveness and economic vitality of these harbors is
                      the mix of commercial and recreational boating activities
                      they support. It believes that this mix should be main-
                      tained in any solution to the problem of crowding.

         520.2-2 ;POLICIES AND REGULATIONS:

        A.   Point Judith

              I.   Highest priority uses of the Port of Galilee and its waterfront
                   shall be those related to the commercial fishing industry includ-
                   ing, but not limited to berthing of commercial fishing and party
                   fishing vessels, unloading and supply facilities, fish proces-
                   sing and related storage and transfer facilities.  These priorities
                  of uses have been and will continue to be reflected in state leasing
                   practices.
              2.   In exercising its permitting responsibilities regarding commercial-
                   industrial siting in Galilee, the Council shall require applicants
                   to demonstrate, in addition to other evidentiary burdens set
                   forth under Policies for Commercial-Industrial Siting (see Section
                   540.0-2) that proposed facilities are related to the conduct or support
                   of the commercial fishing industry as defined above.  Demonstration
                   by probative evidence of such a relationship will be a primary
                   consideration in approving such applications.
              3.   The Council recognizes the necessity of periodic maintenance dredging
                   of the port to support its commercial fishery and shall use its good
                   offices with the Corps of Engineers to ensure that such dredging
                   is undertaken in an expeditious manner.

         B.   Newport

    *i:        1.   The Council recognizes Newport's significance as a center of
                   historic attractions, a major tourist area and an important recrea-
                   tional boating and commercial fishing port.  Priority uses of its
                   waterfront shall include historic restoration, commerce related

                                           185

              to tourism and recreational and commercial fishing vessels, fish
              unloading and transfer facilities.

         2..  See also Policies on Recreational Boating and Boating Facilities
              (Section 440.0-2) and Policies on Marine Fish and Fisheries (Section
              210.0-2).

    C.   Other Commercial Fishing/Recreational Ports:

         1.   See Policies on Boating and Boating Facilities in Section 440.0,

    520.3 Federal Surplus Port Facilities

    520.3-1 FINDINGS:

    A.   The surplussing of Navy holdings in and around Narragansett Bay beginning
         in 1973 has opened up numerous commercial-industrial and recreational oppor-
         tunities to the state.

              - Rhode Island was until recently a major center for the Navy,
                 which in 1973 began to surplus many of its holdings.

              - The parcels involved are large and many contain facilities
                 and services necessary to support commercial-industrial
                 activities. These include rail links, extensive road net-
                 works, open and protected storage areas, piers and wharves,
                 sewage, water, and utility services.
              - Planning for reutilization of surplus lands and facilities is com-
                plicated by differing views of the State and the local communities in
                which these facilities are located and by uncertainties related to
                military contingency and reactivation constraints, related lease and
                use stipulations, identification of holdings which will be fully
                excessed (transferred out of federal ownership) and the timing of
                such transfers.
                           Many of these holdings are still held by the
                               Navy or the General Services Administra-
                               tion pending title transfer.
                           The federal government, while thus  far respon-
                               sive to the suggestions of the state and
                               affected municipalities, remains the
                               legal leasing agent for land
                               not as yet formally transferred.
                           Additional complications arise from the exclu-
                               sion of federal lands from all but indirect
                               state coastal management controls under the
                               provisions of the federal Coastal Zone
                               Management Act of 1972 (P.L. 92-583). Until
                               title is formally transferred, therefore,
                               Council opportunities to ensure redevelop-
                               ment of these lands consistently with the
                               state's Coastal Resources Management Program
                               are limited.

    B.   Surplus facilities at Coddington Cove in Middletown, Melville in Ports-
        mouth and Quonset Point-Davisville in North Kingstown (Fig-ure 5-1) provide
         significant opportunities for port related use and redevelopment.

                Coddington Cove is a 56 acre site off the main Providence
                shipping channel containing eight major buildings and two
                long finger piers, one 12536 feet long and 100 feet wide
                with rail spurs on either side, the other 1,573 feet long
                by 200 feet wide.  The piers provide 6,516 linear'feet of
                berthing space with control depths of 35 feet.  Protected
                storage space measures 86,000 square feet.  A turning basin
                and protected anchorage with a 33 foot minimum depth lies
                between Coddington Point and a 4,000 foot stone breakwater.

                Melville is also off the main Providence shipping channel.
                 Its 1,164 acres were used by the Navy for fuel storage.
                Port facilities include a small boat basin, a 2,130 foot
                fuel pier to the south and another 12 acre boat basin with
                depths of between 6 and 34 feet.  Piers are of wood and con-
                crete construction.  Railroad spurs and warehouse space are
                 located in the immediate vicinity.

                Quonset Point is connected to the main Providence shipping
                channel by a 33 foot dredged channel running north of
                Jamestown.  The Quonset pier, dredged to a depth of 29 feet,
                 is 1,400 feet long by 65 feet wide, constructed of concrete
                on steel pilings and has railroad spurs down both sides.
                Considerable office and warehouse space and a major airport
                are located nearby.

                The two Davisville piers are approximately 1.5 miles north
                of Quonset and are connected to it by a 31 foot channel.  The
                 1,200 foot piers are serviceo by railroad spurs and dredged to
                a depth ofi30 feet.  Considerable warehouse, open storage
                and office space is located in the immediate vicinity.
                Allen Harbor, a well protected anchorage where the Navy
                formerly maintained a yacht basin for service personnel, is
                 located immediately to the north of the piers.  Both Quonset
                and Davisville are connected by rail to the New York-Provi-
                dence mainline and are proximate to Interstate 95.

    C.   These surplus facilities offer opportunities for recreational,boating
        and related services; commercial fishing and related service, transfer
        and storage facilities; OCS oil and gas exploratlon/development support;
        and port dependent commerce and industry.

        The Council finds:

                 That use by commercial fishing vessels (already underway on
                 a temporary basis at Quonset Point and Melville) and recre-
                 ational craft (a marina is in the advanced planning stages
                 for Melville, while a major shipbuilding facility is proposed
                 for Coddington Cove) would do much to alleviate chronic crowd-
                 ing of other ports in the Bay area;

                 That use of Davisville pier area for Outer Continental Shelf
                 exploratory support would contribute significantly to our know-
                 ledge of the offshore oil and gas resources and might ultimately
                 support development of offshore resources.

                                           187

    520.3-2  POLICIES AND REGULATIONS:

    A.   The Council in cooperation with the Department of Economic Devel-
         opment shall encourage the General Services Administration and the
         Department of the Navy to complete transfer of excessed lands and to
         clarify'contingency and emergency reactivation constraints on leased
         lands in the most expeditious manner permitted by law.

    B.   Upon transfer of title all such lands shall become subject to
         applicable state plans, regulations, and permitting procedures provided
         for under state law and the Coastal Resources Management Program.

    C.   Highest priority use of the excessed Navy pier and related port
         facilities described in this section shall be port related commercial
         and industrial uses including but not limited to activities associated
         with the conduct of commercial fishing, recreational boating, ship and
         boat building, and support of OCS exploration.

    D.   The Council does not find it advisable at this time to encourage
         development of areas which would compete with the Port of Providence
         for bulk and general cargo or petroleum products traffic. It re-
         cognizes, however, that petroleum storage potential, expecially at
         Melville, should be explored if and when existing Port of Providence
         and Tiverton facilities become obsolete or storage requirements tax
         their safe capacity.

    E.   In exercising its regulatory and permitting authority relating
         to use of these areas, the Council shall require applicants to demon-
         strate in addition to other evidentiary burdens set forth under
         Policies for Commercial-Industrial Siting In the Coastal Region
         (Section 540.0-2) that proposed facilities are port related as defined
         above. Demonstration by probative evidence of such a relationship
         shall be a primary consideration in approving such applications.

    F.   These regulatory policies shall not be construed as superceding
         policies applicable to lands included in or designated for inclusion
         in the Bay Islands Park (Section 470.0-2),

    G.  Subject to approval by Federal leasing authorities, the Council shall
        continue to cooperate with the R.I. Port Authority and Economic Development
        Corporation to encourage interim use of these areas for berthing and
        servicing of commercial and recreational craft pending final disposition,
        provided that such use does not preempt long term port related development
        options.
    H.  The Council shall consult with local governments in the process of planning
         for the reuse of these lands.

                      530: DREDGING AND DISPOSAL OF DREDGED MATERIALS

    530.0-1 FINDINGS:
    A. There is a chronic need for dredging in Rhode Island waters in order to
        maintain and improve the state's commercial, recreational and fishing
        ports and the various channels leading to them.

            i�  -In 1976, The Council received 6 applications for dredging.
                 In addition, fifteen major projects which would produce over
                2 million cubic yards of dredged material, applied for in
                previous years are still pending.  The Area Wide Water Quality
                Management Program is currently inventorying past and present
                dredging projects.
                Factors influencing the need for dredging include:
                           rate of shoaling
                           frequency and nature of ship traffic
                           safety and navigability
                           the cost of dredging versus the economic
                                benefits to be gained from dredging

                 Channels and berths are gradually filling through the
                 natural process of sedimentation.
                           Based on past experience, the Providence River
                                requires maintenance.dredging approximately
                                every eight years, the Port of Galilee every
                                ten years, Great Salt Pond every eight
                                years, and Block Island Harbor every six
                                to seven years.

                 New dredging projects which include the creation of chan-
                 nels and berths and the deepening of existing facilities
                are periodically needed for several
                 reasons including the following:
                        * The si-ze of commercial ships has increased
                                thereby requiring deeper channels and
                                berths.
                           The size of commercial fishing vessels is
                                expected to increase and the industry
                                itself is expected to expand; new
                                facilities will be required to acommo-
                                date more and larger vessels.
                           New or expanded recreational boating faci-
                                lities must be accommodated.

    B.   Dredging projects are expensive; their costs and benefits must be
        carefully evaluated.

                 Costs vary greatly from project to project  and are in-
                 fluenced by factors such as:
                           Size - In general the larger the project,
                                the less the cost per cubic yard.
                           Method of dredging.
                           Proximity to other projects - The cost of
                                transporting, installing, and removing
                                equipment is substantial.
                           Composition of material to be dredged -
                                Unconsolidated material is less expen-
                                sive to dredge than rocks or compacted
                                sediment.

                                           189

                           Area of operation - Dredging between finger
                                  piers is more expensive than dredging
                                  open channels
                           Economic factors - Inflation, labor costs,
                                  and the competition for dredging con-
                                  tracts cause cost variations.
                           Means of dredged material disposal - (See Finding D)

                 Determination of benefi /cost ratios is difficult
                 and almost always controversial.
                           For federal projects, the benefit:cost
                                  ratio can influence the priority
                                  rating assigned to a project.
                Commercial navigation projects approved by Congress receive
                100% federal funding; federally approved recreational harbor
                projects receive 50% federal funding. Federally approved
                small-boat harbor projects having mixed recreational-commercial
                use receive federal funding in the 50-100% range, which reflect
                the 50% general benefits accruing to recreational boats plus
                the specific commercial benefits accruing to fishing and charter
                boats based at the harbor. Other state, local and private
                projects are not eligible for such funding.

    C.   Dredging may cause a wide range of environmental impacts.

                 Dredging new channels can alter established estuarine
                 circulation patterns, and affect the estuary by altering
                 its salinity regime, flushing times and mixing characteristics.

                The turbidity resulting from dredging operations, although
                 of concern, is generally not sufficiently concentrated nor
                 persistent enough to constitute a significant impact on the
                 estuary. Most estuarine organisms are able to tolerate fairly
                 high concentrations of suspended sediments for short periods
                of time. In addition, pelagic species are often capable of
                avoiding high concentrations of suspended sediment, although
                 the behavioral response cannot be generalized for all species.
                 Light penetration is decreased in turbid waters, but only
                 localized, short-term decreases in primary productivity are
                usually observed.

                Suspended dredged material exerts an oxygen demand upon the
                surrounding water.  The degree of this demand is related to
                 the amount of organic matter and reduced substances in the
                sediment as well as to the extent of the sediment-water contact.
                 If the sediments to be dredged contain high concentrations of
                nutrients or heavy metals and other toxic substances, these
                 substances may become dissolved into the surrounding waters.

                The impact of any dredging project depends on numerous factors
                 including:
                          whether it is a new project or maintenance
                               dredging; new projects usually have
                               greater environmental impacts.
                          method of dredging

                                            go90

                        *  the volume and composition of dredged material
                          the location of the dredging project and the environ-
                            mental conditions present there including:
                             (1)  hydrographic conditions,especially
                                  temperature, salinity, current,
                                 wave and tidal regimes
                             (2)  ambient chemical parameters of the
                                 water, especially turbidity, oxygen
                                  and nutrient concentrations
                             (3)  biological communities
                        * the presence of pollutants such as hydrocarbons
                             and heavy metals in the dredged sediments
                        *  the method of dredged material disposal

            - Existing Corps of Engineers management policies call for the
              inspection and monitoring of federal dredging operations and
              the dredged material disposal site to determine environmental
              impacts, the monitoring of non-Federal structural and fill
              operations, and the inspection of disposal operations where
              special supervision is deemed. necessary.

    D.   Dredging projects are frequently delayed because suitable disposal
         sites cannot be found. There is no single solution for the disposal
         of all dredged material.

                 Large volumes of dredged material will continue to be generated
                 by maintenance and new projects requiring that disposal sites
                 be found.
                           Major pending dredging projects in Rhode Island will
                             produce some 2.2 million cubic yards of dredged
                             material which would cover a one mile square area,
                             such as the proposed Brown's ledge site, to a
                             depth of 2 feet.

              -  Numerous factors influence the suitability of different dredged
                 material disposal methods for individual projects. Especially
                 important factors include:
                           the size of the project; recent dredging projects
                             have produced from 1,000 to 8,000,000 cubic
                             yards of dredged material
                        ;  the composition of the dredged material and the
                             presence of pollutants
                           funding available for the project

               The Areawide Waste Treatment Program is studying management
               alternatives for dredging procedures and dredged material
               disposal sites.
              - Alternatives for dredged material disposal include:

              1.   Inland Disposal
                           Unpolluted dredged material may be used for land-
                                 fill.
                            Inland disposal sites are limited and large volumes
                                cannot be accommodated.  For example the 12 mil-
                                 lion cubic yards of material dredged from the
                                 Providence River could create a tower almost 1-
                                miles high on an acre of land.

                                  191

           . Filling of inland areas may create unpleasant odors and
                  affect ground water supplies.
           � Disposal costs increase with distance from the project.
                  Transport of dredged material from Point Judith to
                  Misquamicutt, a distance of 25 miles would cost
                  $3.33/cu. yd. ($0.13/cu. yd /mile).
    2.  Creation of Artificial Islands or New Shoreline
           . The creation of new islands may incur serious jurisdictional
                  problems.
           , Islands may be navigational hazards and may produce numerous
                  environmental impacts.
              Containment of sediments on islands or along the shore may
                  be difficult as well as expensive; retaining structures,
                  which are necessary for fine sediments cost from $50 to
                  $100 per linear foot in shallow water and from $1200
                  to $2000 per linear foot in water deeper than 30 feet.
    3.  Salt Marsh Creation
             Salt marshes, natural systems with high ecological value,
                  created on dredged materials are a positive solution to
                  dredged material disposal.
             Artificial salt marshes can pose navigational hazards,
                  and if built with polluted dredged material can intro-
                  duce pollutants from the sediment into the water column,
                  and/or into the food chain.
             There are few suitably sheltered sites which can hold
                  sufficient volumes of dredged material in Rhode Island.
           � Salt marsh creation is only feasible for relatively small
                  projects (approximately less than 500,000 cu. yds.).
             Salt marsh creation costs largely depend on the method
                  used for establishing marsh grasses
                      seeding         $1000 per acre
                      springing       $1000 to $2000 per acre
                      planting        $2000 to $3000 per acre
                                          (1975 prices)
    4. Near Shore Ocean Disposal
             Properly sited and executed ocean disposal is an attractive
                 method for disposing of large volumes of dredged material.
              Ocean disposal may adversely affect the marine environment.
                 - The disposal of dredged material at sea buries bottom
                    animals and high turbidity at the dump site may exclude
                    certain mobile animals such as finfish; recent labora-
                    tory evidence from the University of Rhode Island
                    shows that scup avoid turbid waters.
                 - Pollutants from sediment may be reintroduced into
                    the surrounding water; this effect may be minimized
                    by "sandwiching" polluted dredged materials.
                 - Studies on the Brown's Ledge Disposal Site suggest
                   that it may be an environmentally acceptable ocean
                   disposal site.

                                             192

                      � Dredged materials in the ocean become recolonized by
                             animals from the surrounding environment.
                             -  At the Brenton Reef site, deeper sediments have
                               been recolonized; shallower sediments are wave-
                               washed sand with few animals.
                         It is often difficult to confine sediments to the desig-
                             nated disposal sites
                             - Bottom currents may resuspend and move sediments
                             - placement of dredged material within the designated
                               site is difficult.  A major problem with the dis-
                               posal of dredged materials at Brenton Reef in Rhode
                               Island Sound was that the designated site was
                               changed four times at the request of fishing interests
                               and spoils were disposed outside the designated site.
                               This greatly increased the impacts of ocean disposal
                               upon commercial fisheries and caused many people to
                               conclude that the dredged materials were migrating
                               from the disposal site.
                             - ocean disposal costs are variable but may be up to
                               $0.05 cu. yd./mile; special procedures such as
                               I"sandwiching" further increase costs.
               5. Deep Ocean Disposal (disposal site on the continental slope)
                         Large volumes of dredged material can be accommodated.
                         Disposal sites are located away from prime coastal
                             fishing areas.
                      � The environmental impacts of deep-ocean disposal are not
                             well understood but recent scientific evidnece indi-
                             cates that  they may be severe.
                      � Deep ocean disposal requires special barges and trans-
                             portation over distance and consequently is very
                             expensive.

        E. The time lag for approval of dredging projects is often lengthy and
            the process may be confusing to the individuals concerned.

                  -Congressional approval of projects proposed for federal funding
                  generally takes a minimum of four years. The local congressmen
                  must present the proposal to Congress.  The Corps of Engineers
                  then conducts a study and determines a benefit/cost ratio.

                  The permit procedure for non-federal projects involves several
                  agencies (see Figure 5-3). The review time required by the
                  different agencies often makes the permit process very lengthy.

               - Maintenance dredging for ten years is sometimes included in
                  the original permit.

               -  There is no existing state designated disposal site within
                  Rhode Island.

    i:>i

                                          1930~          FiFigure  5-3
                                  DREDG  NG
                                PERMIT PROCESS

                                 LOCAL PERMIT    i
                               (if appropriate)

                                      L (if approved)

                          R.I, DEPARTMENT OF HEALTH
                             (DIVISION OF WATER
                              POLLUTION CONTROL)

                                         (if approved)

    PUBLIC NOTICE                                  revi.ews| STATEWIDE PLANNING
    IPUBLIC HEARING                                       !PROGRAM .
                               COASTAL RESOURCES
                              MANAGEMENT COUNCIL advise DEPARTMENT OF
                                                        NATURAL RESOURCES

    ENVIRONMENTAL    I      .(if approved)  ENVIRONMENTAL
    ASSESSMENT          (if potential                   I  PROTECTION
                      ,imnact)                           AGENCY

               ,I~~   ~~US, ARMY CORPS               m
                                 OF ENGINEERS        0
                               (REGULATORY BRANCH       [ NATIONAL MARINE
    PUBLIC NOTICE           )  OPERATIONSDIVISION)   -   FISHERIES SERVICE

            i f significant 'inpact
             orresponse)
                                        -~~~~~US.FS AND
    ENVIRONMENTAL                      WILDLIFE SERVICE
    IMPACT STATEMENT

                                          194

    530.0t2  POLICIES AND REGULATIONS:

    A.   Permits

         1.   The Council shall require a permit for all dredging
              in tidal waters and the disposal of this material within the state.

        2.   All such applications shall be subject to all Council policies and
              regulations pertaining to affected marine, intertidal and coastal
              resources and the uses of those resources.

        3-.  The Council will endeavor to facilitate the often lengthy state-
             federal permitting procedure by:
             a.  making Council informational requirements for a permit applica-
                 tion parallel to those required by the U.S. Corps of Engineers;

      B.  Dredging

          1.  The Council shall require applicants for dredging permits to include
              in their proposal:
              a.  drawing and information as specified by the U.S. Army
                  Corps of Engineers for dredging operations, these include
                  a vicinity map, a plan view, an elevation and/or section
                  view (Table 5-3).
              b.  water quality certification from Department of Environmental
                  Management if dredged material is to be discharged in open
                  waters.

          2.  The Council shall require that the applicant demonstrate by a fair
              preponderance of evidence that the proposal will not have
              significant adverse environmental impacts on the area to be dredged.
              Environmental impacts of concern include, but are not limited to:
              a.  changes in water circulation and sedimentation patterns:
              b.  loss of bottom communities, fishing grounds and spawning
                  and nursery areas;
              c. indirect effects including those associated with
                  turbidity and changes in bottom substrate such as
                        - altered primary productivity
                        - the release of toxic substances, nutrient
                          injection, or high BOD from resuspended
                          sedments
              d.  secondary environmental and economic impacts; for example,
                  development of adjacent shorelands or increased boat
                  traffic
              e.  impact upon significant underwater historic resources

          3.  In considering these environmental impacts, the Council shall balance
              the benefits that are expected to result from the project against
             any environmental damages that may result.  Where the Council finds
              a reasonable probability that significant damage to the marine environ-
              ment will result, it shall require appropriate modifications to or
              shall deny the application in question.

     C.  Dredged Material Disposal

          1.  Persons proposing to dispose of dredged material in state waters
             * shall be required to first obtain a Council permit.

                                      TABLE  5-3

                                        U. S. ARMY CORPS OF ENGINEERS PERMIT

                                     DRAWING REQUIPEM4ENTS AND CHECKLIST

                                                                  k  'ol dredging~. excavations. (Jr fills.
                    I. General,                                       ~~~~~~~~~show number or cubic bards. type of
             Submit (ne original and two copies of                      materna,  method  or  handling.  and
             all drawinpm on 8t- by lQ'4.nch paper.                     location of NUl or spoil d&sposai area. If
             Submit the fewest number of sheets              ,          spoil  material  L, to  be  placed  in
             necessary  to  adequatley  show  the            ,          approved dumpiniggrounds. 3 separate
             proposed activity. Drawing~s should be                     map  showing  the  location  of  the
             in accordirncc with the general format                     dumping  grounds  may  be attached
             of the enclosed sample drawings and               'Die  drawing  rmust indincate~ proposed
             must be of good reproducable quality.                      retcrtion  levels., wirs, and/or other
             A  I-inch margin should be left' at the                    devices for retaining hydraulicly placed
             top edge  of each  sheet  for binding            m     ~     aterials
             Purposes.                                           ()Show and identify structures (if any)
             Drawings   should   not  reflect  the                     in   navigable   waters   uimmediately
             approval, non-objection, or action of                     jadjacent  to  thc  propc,-xd  activity
             other agencies.                                            including permit numbers if known.
             Since  drawings  must be reproduced                 (      ldentify  and  sho,.  loc-atiur, of a~iy
             pholognaphica~y, color shading cannot                      structures to he constructed on fill o1
             be used. Drawings may show wok as                          pile Supported platforms in navigabl,-
             dot shading, hatching. cross-hatching,                     waters If nothing Ls to be constructed
             or similar graphic symbols.                                on fill or platform, state the Lintended
           )Show   distance   between   proposed                        use-.
             activity and navigation channel where               ()Show your property lines and identify
             applicable.                                                adjacent property owners. (On narrow
                                                                      waterways the property owner on the
    2. Vicinity Map,                                                     opposite   shore   must   also   be,
          ()Show  location  of  the  activity  site                     identified.)
             including latitude and longitude if
             k no wii                                         4. Elevation and'or S--ction Views
             Show -iarne of waterwav.                            ()Show sarlc water elevations as for plan
                                                                      view
             Show  name  of and distance to local                       So       et    twlradfl
             lown, commr~unity, or other identifying             (      proSow ederh        wotrk ord  if d cdl  ofs
             location.                                                  proposed   work   oroi  dredging  gisd
          ()Identify  map  or chart  from  which          I    f a p             l, la ropiled  supowrtedgngrd
             vicinity map was taken, if applicable.  platform   fillrfloat  or  pilw  supportdon
           )Show graphi c scale.                                        and identity of any structures to be,
           )Show north arrow.                                           erected thereon

    3. Plan View                                                  ()Show gra phic scale.
                                                            S. Notes on Drawings.
             Show cxsigshuielines                                ()List  names   of  adjacent  property
             Show ebb aiid flood in tidal waters and                   owners  whose  property  also Adjoins
             direction of flow in riven.,                              the water if not shown in plan view.
             Show north arrow.                                  ()State    purpose    (Pt ivai Ic Use.
            )Show g'raphic Scale.                                       co~mmercial, etc.) of prof,,)wd act ivit)
            )Show inean high and low waterlines if               ()State datum used Ln plan rind elevation
              the proposed activity is in tidal ar.-vews.
              on thc Atlantic and Gulf coasts and                ()If  petroleum   products  or  othter
              the  Great  L.akes.  For  the  Pacific                    haz~ardous matenial will be stored or
             Coastal are-as, show mean higher high                     handled  at the proposed facility. so
              water  and  mean  lower  low  Water.                      indicate.
              Sho% ordinary higvh water line and
              ordinary  low  waterline  if proposed
              activity is in a lake or stream~
              Show principal dimensions of structure
              or work and extent of encroachment
              beyond the applicable high waterline.

                                     196

    2.   The Council encourages the use of innovative solutions to the problem
        of dredged material disposal.

    3.. The Council favors ocean dumping as a means to dispose of large volumes
        of dredged material providing that environmental impacts are minimized.
         Applicants who propose to use ocean dumping as the means of dredged
         material disposal must demonstrate by a fair preponderance of evidence
         that:
         a.   suitable measures are provided so that dredged material will only
              be dumped within the confines of the designated site.
         b.   hydrographic conditions at the approved dump site are such
              that the dredged material will remain within the dump site and
              that resuspension of bottom sediments wi-ll not be significant.
         c.   the dump site is not located in an area designated by the Council
              as a prime fishing ground or critical habitat area.

    4.   The Council encourages the consideration of "sandwiching" of polluted
         dredged material with clean material to minimize the release
         of pollutants to the water column.

    5.   The Council shall consider deep ocean dumping off Rhode Island's shore
         inconsistant with its plans and programs for coastal resources manage-
         ment until such time as-additional information on the environmental
         impacts of such dumping is made available.  At that time, this policy
         shall be reevaluated.

    6.   The Council shail consider the designation of appropriate sites for
         the possible creation of artificial islands and salt marshes through
         the use of dredged materials when information is developed on the
        environmental  impacts of such activities.

                                         197

                               540:     COMMERCE AND INDUSTRY
    540.1 General Commerce and Industry

    540.1-I FINDINGS:

    A.  Manufacturing has traditionally provided the employment base for the
        southern New England economy. Over the last twenty years, however,
        Rhode Island and the region as a whole has experienced a marked decline
        in manufacturing growth (as indicated by employment). This decline
        is likely to continue.

             - Between 1960 and 1973 Rhode Island employment in manufacturing
               grew by only 3.7% while employment in the nonmanufacturing sector
               grew by over 38%. Employment trends by sector are indicated in
               Figure 5-4.

             - Energy costs and supply are particularly important constraints on
               manufacturing growth in New England and in the short term there
               appears to be relatively little the state can do to enhance its
               competitiveness in this area.
                    Energy costs vary on a regional basis throughout the nation.
                    New England relies primarily on oil, most of which is imported.
                    Industries requiring large quantities of oil, gas, or elec-
                    tricity for production cannot operate competitively within
                    the framework of New England fuel and power costs.
                    The impact of oji and gas from outer continental shelf
                    (OCS) reserves on energy cost and availability remains
                    unclear and reserves, if exploited, will not enter the
                    regional market until the mid 1980's at the earliest.

             - Economic development priorities should not consequently be
               predicted on the availability of an abundant low cost fuel source.

    B. The declining importance of the state's major traditional industrial
        sectors need not spell irreversible economic stagnation. It rather
        indicates that we have entered a period of economic transition with both
        the immediate dislocations and long term opportunities that implies.
        The Council along with such sister agencies as the Department of
        Economic Development and the Statewide Planning Program is concerned,
        however, that in reacting to these dislocations we do not lose sight
        of or needlessly foreclose opportunities. A major state priority
        must, therefore, continue to be the identification and marketing of our
        many commercial-industrial assets and the targeting of those growth
        industries most likely to be attracted by Rhode Island's assets.

             - Marketable assets include:
                    a variety of development sites in serviced industrial
                    parks, industrially zoned urban areas, and excessed
                    federal lands;
                    a technologically oriented and expanding service industry;
                    an industrially skilled and productive labor force supplemented
                    by tailored state funded job training programs;
                    an excellent (air, road, rail and water) transportation
                    network;

                                                                          FIGURE 5-4

                               EMPLOYMENT TRENDS BY SECTOR
                                       (1960-1973)

                           MANUFACTURING
                          (+3.7% overall)

                                                              Machinery

                                                              Jewel ry

                                                              Other manufacturing

    Textiles

                         NON-MANUFACTURING
                          (+38.5% overall)

                                                              Wholesale and retail trade

                                                               Services

                                                               Finance, insurance,real estate

                                                              Transportation and utilities

                                                               Contract construction

                                                               Government

             -40  -30 :-20 -10   0   10  20   30  40   50  60
                     TOTAL PER CENT CHANGE IN PERSONS EMPLOYED

     Source: :Rhode Island Department of Economic Development.
              'Basic Economic Statistics - The Economy, Summary and Trends,
              Providence, 1976.

                                          199

                    a market population larger than either Los Angeles or
                    Chicago;
                   one of the lower tax structures in the region;
                    liberal state guaranteed construction loans and subsidies;
                    lower than the regional average housing costs;
                    an attractive.living environment with excellent educational,
                   health care, and social service systems, extensive marine
                   oriented recreational opportunities, open space, and scenic beauty.

             - Based on an assessment of the above assets and a recognition of
               the region's high energy costs the Department of Economic Devel-
              opment has identified a number of target industries (Table 5-4)
               from among those demonstrating the greatest growth potential
               nationally. Marketing and promotional efforts are being directed
               towards these industries, although the Department recognizes
               the need to take advantage of all opportunities as they arise.

    C. The nonmanufacturing sector of the state's economy especially sales and
       services, is healthy and expanding (Figure 5-4). Continued expansion and
        growing employment is likely and suggests that the state has entered
       a period of economic transition.

            - The Port of Providence is expanding in size and significance as
              an import and distribution center.

            - The state's commercial fishing industry is among the region's
              most prosperous and productive and is likely to grow significantly
               under the stimulus of the 200 mile fisheries zone.

            - Recreational boating and the sales, service, supply and re'lated
              activities it supports are expanding rapidly.

            - Tourism is a major industry. Natural, scenic and historic
              attractions such as the state's ocean beaches, the Bay Islands
              and Newport's historical waterfront are drawing growing numbers
              of out-of-state visitors.

            - Surplus Navy lands have provided additional opportunities for
              coastal recreational, commercial and industrial development.

    D.  Rhode Island has a variety of commercial-industrial sites and industrially
       zoned land. However, much of this land is deficient in one or more
       desirable services. The Council, nevertheless, finds that there is no
       pressing need within the coastal region to accomodate industrial develop-
       ment of environmentally sensitive areas or to accomodate further non-water
       dependent commercial-industrial development on the state's waterfront.
       Siting policies and priorities shall reflect this conclusion.

            - Approximately six of the state's four hundred miles of shoreline
               Is presently in industrial use (Figure 5-5).  A total of 20 miles
               is zoned for industrial uses (Figure 5-6).

                           200

                      TABLE 5-4

                  TARGET INDUSTRIES

    Industry

      Biological Products
      Medicinal Chemicals
      Pharmaceutical Preparations
      Small and Medium Turbines
      Two-way Communications

      Medical Electronics
      Instruments for Measurement, Display and Control
       of Process Variables
      Instruments for Measuring and Testing of Electricity
       and Electrical Signals
      Laboratory, Scientific, and Research Instruments
      Dental Equipment

                                       201
                                                                    Figure 5-5

                                                   N
                                                       7         ~~COASTAL I.NDUSTRIAL
                                                        I           ~~CON CENTRATIONS

                                                           -S  I  ~~Source: -mocconnell, Wmn. P.,

                                                               2          L~~RMOTFl SFNI.

                                                                          JULY 1974.

                                            .4~~~~~~~~~~~~~~~.

                                              BAY AREA             BLOCK  ISLAND

                                               *         ~SOUTH SHORE

    Maps of these features(scale of 1:12000) are available at the Courcilts- of fices

                                                  202
                                                                                      Figure 5-6

                                        /~~~~~
                                                                                      LAND ZONED FOR
                                                                                      INDUSTRIAL USE
                                                                                                I 970
                          *  .       . k~4
                                                                                      (Zoning for entire coast,
                                      *    . ..    ::.                           ~~~~~~~~~~~~current to 1977, is map-
                                             ..                                    ~~~~~~~~~~~~~~~pod of 1: 12000, available
                                                      ..\                           ~~~~~~~~September 1977. Sttwide
                                                    ...':                           ~~~~~~~~~Planning)

    IL"

                                                       SA RABOK ISLAN

                                          2.~~~~~~~~~~~~~~~                                 0

                                          203

               In excess of 1,000 acres of coastal land has been or soon will
               be opened to commercial-industrial leasing and development as a
               result of the ongoing surplussing of former Navy holdings.
               The transfer of title of these lands to the state has
               been delayed, pending completion of an Environmental Impact
               Statement by the General Services Administration.

               Substantial amounts of the state's industrially zoned land area
               is deficient in one or more desirable services.
                    25% has unfavorable soils or topography;
                    17% has no public water service;
                    60% is not sewered; and
                    67% has no rail service, although most industrially zoned
                    lands are serviced by adequate to superior road networks.
                    Industrial parks are typically better serviced than
                    industrially zoned land.

             -Physical and service related constraints on commercial-industrial
               development must be reflected in siting decisions.

             - The majority of growth industries targetted by the Department of
               Economic Development for recruitment do not require a waterfront
               site for transportation or production purposes.

    540.2 Commerce and Industry Related to OCS Oil and Gas Exploration

    54o.2-1 FINDINGS:

    A. The advent of exploration and possible production of oil and gas on the
       outer continental shelf (OCS) of the North Atlantic offers substantial
       economic opportunities to Rhode Island. However, the many uncertainties
        involved in OCS oil and gas development make planning for onshore
        facilities difficult.

            - Rhode Island is approximately equidistant between Georges Bank
               and the Baltimore Canyon, the two Atlantic areas presently
               proposed for exploration. Oil and/or gas finds in these areas
              will influence the demandfor onshore facilities in Rhode Island.

            - The quantities of recoverable oil and gas in both locations remain
               unknown; estimates range from .9 to 2.4 billion barrels of oil and
               3.3 to 12.5 trillion cubic feet of gas for all of Georges Bank, and
               .4 to 1.4 billion barrels of oil and 2.6 to 9.4 trillion cubic
               feet of gas for the recently leased parts of the Baltimore Canyon.

              The quantity of oil and gas found influences not only the level
              of onshore development but the types of facilities that will be
               required and the sequence of events.

                                               204

    .!   a-B.  Considerable planning for the siting of onshore commercial and industrial
             facilities related to OCS oil and gas development has already been
             initiated.

                  - The Department of Economic Development has determined after exten-
                    sive dialogue with the petroleum industry that of all available
                    industrial sites in Rhode Island, the excessed Navy property at
                    Quonset/Davisville is the most marketable for onshore oil and gas
                    support facilities.
                      i   About 100 acres on the surplussed Navy holdings at Davisville
                         are already being utilized as service support bases to
                         support OCS oil and gas exploration efforts.
                      * Brown and Root, a petroleum related industry leader, has
                         entered into negotiations with the state to site a platform
                         fabrication yard in the Davisville pier area.
                      ;  About 30 petroleum related companies hold leases for small
                         pieces of property or office space on Quonset/Davisville.

         C.  Because of the petroleum industry's interest in Quonset/Davisville as a
             staging area for OCSioil and gas exploration and production and the state's
             belief that Quonset/Davisville redevelopment is an essential cornerstone
             to economic recovery, an intensive planning effort has been undertaken
             with funds provided by the federal Office of Coastal Zone Management. A
             multi-agency Task Force (including representatives from the Council,
             Governor's Office, Department of Transportation, Navy, Federal Aviation
             Administration and the Town of North Kingstown) was created by the Rhode
             Island Department of Economic Development.  Three alternative development
             scenarios were formulated for the site, by the Task Force consultants, based
             on the following criteria:
                  1.  locate no OCS oil and gas related facilities on the property.
                  2.  site appropriate OCS oil and gas related facilities that would
                      be expected with a medium find on Georges Bank.
                      (Even if no oil or gas is discovered there will be several years
                      of exploratory activity).
                  3.  site appropriate OCS oil and gas related facilities that would
                      be expected with a high find on Georges Bank.

             For each scenario, socio-economic and environmental assessments are
             being prepared.

                  - OCS related commercial and industrial facilities have been analyzed
                    to determine their siting requirements, economic costs and benefits,
                    and their potential environmental impacts.

                  - The physical suitability of Quonset/Davisville for these activities
                    and their appropriateness, in terms of meeting state and local
                    economic development goals, has been examined.

                                         205

    D. Quonset/Davisville is a suitable site for certain industrial and commercial             0
       facilities related to the exploration and production of OCS oil and gas.

           - OCS support facilities prefer locating in the same vicinity. There-
              fore, a good site must have sufficient land area.
                   Quonset/Davisville has 781 acres of available land.

           - A single planned OCS related commercial/industrial facility is
             economically attractive to the petroleum industry and will facilitate
             environmental monitoring and management.

           - OCS support facilities require good transportation links.
                   Quonset/Davisville has excellent road, rail, air, and sea
                    access.

           - Since OCS support facilities are high risk ventures and have a
              relatively short life span, facilities located in already developed
              industrial parks would be expected to have the fewer socio-economic
              impacts.
                    Proposed uses of Quonset/Davisville are consistent with its
                   existing character; impacts on growth and/or development
                    patterns will therefore be minimal.

            - Major environmental impacts associated with the development of
             commercial and industrial facilities related to OCS oil and gas
              development are related to both the amount of site preparation
              required and the characteristics of their ongoing activities.
                    Quonset/Davisville is already developed for commercial-
                    industrial uses.

                   Anticipated environmental impacts, therefore, relate primarily
                    to the operation of proposed facilities.
                    Management policies should set forth clear operational and
                    safety standards and procedures to prevent environmental
                    damage.

           - Onshore commercial and industrial facilities which could be
             appropriately sited at Quonset/Davisville are:
                 1. Temporary and permanent service bases
                 2. Cold steel platform fabrication yard
                 3. Pipe lay down and coating yard

                                            206

           These facilities were, therefore, included.in the two Quonset/
           Davisville development scenarios which accommodate appropriate
           oil and gas related facilities.
                             The siting requirements, major environmental
                                  concerns, and job opportunities related

                                  5-5.

                        Although pipe coating yards are usually located on
                        waterfront sites, only water access and not a water-
                        front location is required.  A more inland location
                        for a pipe lay down and coating yard would minimize
                         its environmental impacts and allow for more
                        efficient use of waterfront property.

                      The primary OCS oil and gas support facilities listed
                         above require services from a variety of ancillary
                         industries.
                              For example, service bases require diverse services
                                   ranging from laundries to food services
                                   to ship repair yards.  Already operating
                                   Rhode Island businesses will often be able
                                   to expand to meet these needs.

                       - On the basis of studies Undertaken by the Department
                         of Economic DevelopmentQuonset/Davisville does not
                         appear to be a suitable site for a gas processing
                         plant, petroleum terminal, and/or  oil refinery.
                         These facilities are, therefore, deemed of low priority.

    0~~~~~~aoerqiesrie rmavreyo nilr

                                                                Table 5-5

                                   COMME[RCIAI AUli) IDIDUSTiRIAI, IACILITlES REIATEDI) TO TilE EXPLORATION AND
                                                      PRODUCTION O0' OCS OIL. AND GAS

                       Offshore Oil Support Bases           Platform Fabrication Yard             Pipe Coating and Laydown Yard        _

    DESCRIPTION         Stores & transports materials to & Constructs steel platforms g jac-  Stores, cleans, coats, wraps, weighs, cures
                        from offshore facilities             kets (platform legs) which are        6 tests steel pipe for use in gas or oil
                                                           barged to sites offshore             pipelines
                                                                                              Most of site is used for pipe storage

    START-UP YEAR       Temporary Bases: just before          Year 6                               Year 7
                        exploration begills
                       Per-manent Base: year 2'

    IIFE SPAN           Temporary Base: 5 years              About 30 years: 10 for Georges        About 26 years: 6 years for Georges BRNnk,
                       Permanent Base: about 30 years,       Bankl, 20 for other areas             20 for other areas
                        until production ceases

    SITE REQUIREMENTS
     Land Area          500 acres identified for servicing 100 acres                               30 - 100 acres
                        high-find on Georges Bank                                                 Scenarios for, Quonset/Davisville allow
                       Scenarios prepared for Quonset/                                             30t acres
                        Davisville allocate 195 - 205
                        acres for service bases

     MarginaL Wharf    6F00 - 14,000 linear feet required 200 feet per jacket                      Access to waterfronmt for shipping pipe &
                        for servicing Georges Bank                                                 receiving supplies
                       Scenarios prepared for Quonset/
                        i)avisville allocate 41,000 - 5,200
                        linear feet of new pier spav- in
                        addition to the existing 3,600
                        feet at the Davisville piers

    EIIV I OIIMENTAL
    CONCERNS
    Air Quality        Emissions from service vessels,    Emissions froml cranes, trucks,          Emissions from boilers, ovens, cranes 6
                        cranes, trucks                       machinery                            trucks
                       Emissions from fuel storage 6        Emissions from organic solvent        Solvent fumes
                        transfer                             based paint                          White fumes containing oil & toxic gases
                       Dust from mud 6 chemical storage 6 Sand blasting                           Strong odor
                        transfer                                                                  Dust from hydrated lime, iron ore, other
                                                                                               coating materials

             Year 1 is the year of the lease sale.

                                                          Table 5-5   (con't)

                       Offshore Oil Support Bases           Platform Fabrication Yard             Pipe Coating and Laydown Yard

    ENVIRONMENTAL
    CONCERNIS
     Water Quality      Accidental & chronic fuel spills   Cooling & process water from steel Run-off containing hydrated lime (high pH),
                        Accidental spills of mud E           rolling, shot balsting & welding   hydrocarbons, steel shot, heavy metals
                         chemicals                          Run-off may include heavy metals,  Cooling 6 process water contaminated with
                        Run-off from storage & work areas   particulates, petroleum products   hydrocarbons, lime, metals
                                                             . process chemicals

     Landscape/         Installation of additional piers,  Possible bulkheading, dredging         General construction impacts
     Shoreline           wharf & bulkheading                 Highly visible structures            Visual impact
                        General construction impacts        General construction impacts

     Other (noise,      Handling of contaminated solid       Outdoor noise (76 - 116 dB) 2t;    Noise from shot blasting, boilers :
     solid waste)        waste from offshore rigs             hours per dae                        compressors
                         (250,000 - 500,000 lbs per day
                         during peak activity in proposed
                         Quonset/Davisville scenarios)

    JOB OPPORTUNITIES   About 700 persons  (50 - 60 percent 1,500 - 2,000 workers (mostly         Seasonal, largely resident, employment of
                         local) during peak activity at      local) during peak level of oper-  120 persons during peak operation of a
                         the facility proposed for           ation of a facility at Quonset/    100 acre facility at Quonset/Davisville
                         Quonset/Davisville                  Davisville

     ":Year 1 is year of the lease sale
     Source:  Coastal Resources Center, 1977.  The Redevelopment of Quonset/Davisville:  An Environmental Assessment.                  ':

                                               209

    540.0-2 POLICIES AND REGULATIONS

    A. The highest priority use of commercial and/or industrially zoned lands
        in the Rhode Island coastal region shall be low energy consuming, high
        technology commerce and industry (firms spending a large part of revenues
        on research and development; employ scientific and engineering skills as
        well as skilled and semi-skilled labor; and products are high value
        relative to bulk).  Desirable industrial targets presently experiencing
        growth in New England and likely to locate in Rhode Island are identified
        in Table 5-4. Industries not listed, however, would not necessarily be
        discouraged. The Council endorses Department of Economic Development
        efforts to attract such commerce and industry to the state. It finds
        that it can best support those efforts by:
             1.  Preserving and enhancing the environmental, scenic and recrea-
                 tional qualities of the coastal region. These qualities are
                 among the state's most important economic assets, and policies
                 for their preservation and enhancement are consequently an inte-
                 gral element of the Coastal Resources Management Program.
             2.  Setting forth specific criteria and  policies for commercial and
                 industrial siting in the coastal region (see C below) such that
                 state and municipal officials, potential applicants, and other
                 interested parties have a clear idea of the bases upon which
                 Council permitting actions will be taken.
             3-  Urging   the expeditious completion of the General Services
                 Administration's Environmental Impact Statement so that transfer
                 of excessed Navy lands to the state can occur.

    B. Based on presently available information, the Council finds that a plat-
       form fabrication yard, a pipe coating and laydown yard, and OCS support
      service bases could be accommodated at Quonset/Davisville within a frame-
      work of balanced and environmentally sound development. Therefore, a
      high priority use of the surplus Navy holdings at Davisville shall be
      commerce and industry related to and/or supportive of OCS oil and gas
      exploration. Such exploration is necessary to clarify the extent of
      offshore reserves and to assess the potential impact of their development
      on the state's environment and economy. The Council further finds that
       the long term development options for Davisville should be kept open in
       view of its potential for accommodating facilities related to OCS oil
       and gas exploration and development.

    C. Applicants for a Council permit for any sewage treatment or disposal action
       related to the siting of a commercial or industrial facility in the coastal
       region shall be cal~led upon to demonstrate by a fair preponderance of
       evidence that the proposed facility will not:

            I. Conflict with any Council management plan or program.

       Defined as including, but not limited to the alteration, construction or
       extension of sewage facilities or systems, conduits and/or interceptors.

                                           210

           2. Make any area unsuitable for any uses or activities to which it is
               allocated by a Council plan or program; or
            3. Significantly damage the environment of the coastal region.

    D. Applicants shall further be called upon to demonstrate that:
            1. All applicable local zoning ordinances, building codes, municipal
               master plans, and all state safety, fire code, and
               environmental requirements have been met;
            2. Public water service and sewage disposal and treatment facilities
               are available where onsite water withdrawal and/or sewage disposal
               unacceptable for environmental or public health reasons;
            3. Adequate transportation links and utility service to support
               proposed operations and related activities are available;
           L4. Appropriate steps will be taken to minimize visual impacts on
               surrounding areas.

        It shall be further demonstrated by reliable and probative evidence that
        the proposed shorefront commercial and/or Industrial facility:

            1. Requires access to navigable waters for purposes of transportation
               or transfer of materials or products (See Section  520,0   ); or
            2. Requires access to coastal waters for purposes of industrial
               cooling or processing.

    E.Because of their potential to significantly impact the coastal environ-
       ment through vessel movements, sewage and solid waste disposal and the
       handling of large quantities of fuel and other potentially hazardous
       materials, the Council shall require applicants for OCS service base
       construction to submit a detailed facilities plan with the following
       elements:
            1. A land utilization plan which promotes efficient use of shorefront
               facilities.
            2. A spill prevention and clean up plan for all hazardous materials
               handled or stored on the site including provisions for routine
               and emergency containment, monitoring, and fire fighting.  (See
               also Sections 630 and 640).
            3. A waste disposal plan for all contaminated materials, both liquid
               and solid, to be handled by the proposed facility whether produced
               on site or by serviced drilling rigs.

      The Port Authority has the power to override local zoning (42-64; G.L.R.I.)

                    550:     TRANSPORTATION AND TRANSPORTATION FACILITIES

    550.0-1  FINDINGS:

    A.   Rhode Island's transportation network is an essential element of the state's
         economic and social structure.  The type and location of transportation
         facilities has had a profound impact on population distribution and develop-
         ment patterns since colonial times.

              - The state's excellent natural harbors were responsible for the
                 early growth of the cities of Providence and Newport as trading,
                 cultural, and political centers.

                 Development of the surburban residential patterns that presently
                 characterize much of the coastal region was facilitated by major
                 expansions and improvements to the state's highway system in the
                 years following World War II.

    B.   The state's roads have become its single most important transportation
         resource. (Figure 5-8) Movements of people by automobile and goods by
         truck has largely replaced rail, bus and marine transport. Road siting
         and construction have demonstrated  significant  potential  to pro-
         foundly affect the social and natural environment of the coastal region.

              - Highways have bisected established neighborhoods and encouraged
                 industrial-commercial and residential dispersion and sprawl
                 into rural and previously unserviced areas. In the process
                 historic and archaelogical sites and established commercial
                 and residential areas have often been disturbed or displaced.

              - Sprawling development patterns and ready access to automobiles
                 have increased fuel consumption to the point where more than
                 25% of the state's annual total energy consumption is transportation
                 related.

                 Superior road networks are essential to assuring widespread
                 public access to the shore and the state's coastal recreation
                 areas and bathing beaches. Improperly sited coastal roadsand
                 limited access highways in particular can, however, severely
                 restrict access opportunities by isolating recreationally
                 attractive areas.

                 Highway construction can cause numerous adverse impacts to the
                 coastal environment including:
                      Disruption or removal of soils, bedrock, vegetation, wet-
                        land areas and wildlife habitat;
                   � Alteration of topography;
                      Alteration of drainage patterns, increased and the
                        introduction of pollutants to runoff water;
                      Increases in noise, dust, and air pollutant emissions.

                              212
                                                                  Figure 5-7

                                  ',Woo nsockt of

    Burri~il                  kot   m   fI            Curnmmirland       MAJOR             H     GWAY
                                                     '..    -              SYSTEMS

                               Smithfile)      Li  In   -

                                        ~~F~~th ~PowtUC et

                                                                        SOURCE: State of R.I.
                                                                                 Highway Map, 1977.

                                      I                            SrrilgtflWarwick

               I~~~~~~~~% ore

             I.         '~~~~~ South~~4  Kingstown                                               Tvre

                                                                or"41IN own

                          Charlestown~~~~~L~ha

                                           213

    C.   The Council is particularly concerned about the siting and construction
        of bridges and causeways associated with new highway construction or
         highway upgrading. Construction and siting of these facilities can
         have direct and significant impacts on the marine and coastal environ-
        ments.

                 The most probable environmental impacts include:
                      Changes in the water body's tidal prism, current velocities
                        and salinity;
                      Alteration of sediment distribution;
                      Introduction of runoff contaminated with hydrocarbons and
                        deicing compounds into coastal waters;
                      Interference with movement of fish and other marine organisms
                        (causeways.

                 Social impacts may include:
                      Changes in community orientation, development and shopping
                        patterns;
                      Impacts on the aesthetic quality (positive and negative) of
                        the coastal region.

    D.   The state's Land Use Policies and Plan prepared by the Statewide Planning
         Program identifies four major transportation goals for 1990.

              - Complete the radial and circumferential highway networks surrounding
                 Providence, but otherwise slow the rate of new highway construction.

              - Improve existing state roads.

              - Substantially expand mass transit systems utilizing buses and
                 commuter trains.

              - Upgrade airport facilities.

    E.   The Council finds that the upgrading of mass transit systems is a
         socially and environmentally laudible objective and that it can be
         largely accommodated without major new commitments of coastal land.

              - Buses and new bus routes will for the most part utilize existing
                 roads.

              - Commuter trains will utilize existing rail beds and rights-of-.
                 way.

    F.   There are no plans to build facilities in addition to the six existing
         state airports.   Improvement of these facilities focuses on upgrading and
         limited expansion of existing runways,terminals and parking facilities, and
         the installation of safety equipment.
    G.   Marine transport of goods and people remains an important activity in the
         coastal region.

                                            2 14

               -  The Council has expressed particular concern for the state's ports
                  (520),dredging and dredged material disposal (530)}and the shipping
                  of petroleum products by adopting specific findings and policies.

                  Several island communities are highly dependent on commercial
                  ferry service to link them to the mainland, particularly New
                  Shoreham (Block Island), Prudence Islandsand Hog Island.

                  The Bay Islands Park is dependent on ferry service to link its
                  various island holdings together in an integrated recreational
                  system.

    H.:  In evaluating the various transportation modes common to the coastal
          region and long range statewide transportation plans, the Council
         concludes that the most pressing transportation related issue in Rhode
          Island's coastal region is the potential siting and construction of major
          new highways.  This concern includes currently studied pr6posals for 1-895,
          an  east-west road across southern Rhode Island.

    550.0-2  POLICIES AND REGULATIONS:

    A.   The Council recognizes the importance and necessity of improved transportation
         facilities to service the Rhode Island coastal region.  Upgrading such
         facilities, especially those which contribute to improvement of mass tran-
         sit systems shall be a high priority use of the coastal region.

    B.   The Council shall support and cooperate with the Statewide Planning Program,
         the Department of Transportation and appropriate municipal agencies in the
         development and implementation of transportation plans subject to (E)& (H)
         below.

    C.   Upgrading of transportation facilities, particularly expansion of existing
         major highways,must be carefully planned if social benefits are to be max-
         imized at minimal social and environmental cost.

    D.   The Council finds that the preparation of environmental impact statements
         as is presently required for all major transportation facility and high-
         way construction and/or improvement projects provides the best means of
         obtaining and evaluating data necessary to weigh the social and environmental
         cost/ benefit ratio of such projects.

    :E.   The Council shall cooperate with agencies preparing such statements in
         identifying and ensuring consideration of coastal issues and impacts.  It
         shall review such statements upon their completion to ensure consistency
         of the proposed action with applicable provisions of the Coastal Resources
         Management Plan.  In undertaking such reviews the Council shall address
         issues including but not limited to:
              l. :Impacts on public access to and recreational enjoyment of public
                  parks and beaches;
              2.  Impacts on the natural environment and habitat quality of con-
                  servation and wildlife management areas;

                                          215

            3.  Impacts on scenic, sensitive,  productive and/or unique coastal
                natural features and areas such as wetlands, beaches, cliffs
                and bluffs.
            4.  Impacts on areas, buildings or sites of historical, cultural
                and/or archeological significance;
            5. Impacts on. broad development patterns; particularly as this
                relates to stimulating development of rural, unserviced and/or
                open space lands or lands with development constraints;
            6.  The need for coastal or near coastal sites or corridors
                especially where such a site or corridor would interfere with
                public access to the shore.

    F.  Where the above described  review results in a determination that the
       proposed action may conflict with any Management Plan or Program or may
       damage the coastal environment, the Council shall direct the party and/or
       agency involved to modify the proposal to conform and otherwise be con-
        sistant with the Council Management Program.

    G. In all cases, the Council shall require any person to apply for a Council
        permit when proposing to construct a transportation facility through or
        over the tidal waters of the State of Rhode Island and/or any other area
        under the Council's jurisdiction.

    H. Applicants with proposals for transportation facilities within areas
        directly under Council jurisdiction shall demonstrate by reliable and
        probative evidence that coastal resources are capable of supporting
        the proposed activity including the impacts and/or effects upon:

             1. The considerations listed under (E) above.
             2. Water circulation and sedimentation processes.
             3. Bottom communities, fishing grounds, shellfish beds,
                  marine spawning and nursery grounds.
             4. Water quality including turbidity, release of toxins,
                  nutrients, and other such substances either as a
                  result of construction or runoff.
             5.  Aesthetic and visual qualities of the coastal region.

    Chapter 6
    Energy

                                610 ENERGY FACILITIES

    610.1  Planning for Energy Facilities

    610.1-1  FINDINGS:
    A. Passage of the 1976 energy facility planning amendments (Section 305(b) (8))
        to the Federal Coastal Zone Management Act and subsequent promulgation of
        regulations (Federal Register, Vol. 42, No. 83) under this section has
        placed substantial additional energy related planning burdens on states
        such as Rhode Island which are in the process of developing coastal
       management programs. More specifically, NOAA regulations now require the
        state to:

            -  Identify energy facilities which are likely to locate in or
               which may affect the coastal region;

            -  Develop a procedure for assessing the suitability of sites for
               such facilities;

            - Develop policies and techniques for managing energy facilities
               and their impacts;

               Develop cooperative and coordinating arrangements between the
               Council and other agencies involved in energy facility planning
               and siting;

            -  Identify legal techniques to be used in managing-energy facility
               siting and related impacts.

    B. In order to implement NOAA requirements to identify energy facilities likely
        to be located in or affect the coastal region (920.18(a)(1)) the Council
        finds a need for the state to independently assess ex'isting demand projections
       for electric power consumption.

               It is on the basis of such projections that power plants which
               may be located in or affect Rhode Island's coastal region will be
               proposed.

               Historic patterns of growth in electric power consumption upon which
               existing facility development plans are predicated have declined
               dramatically in recent years (see Table 6-1).

            - The Council does not find that this decline has been adequately
               reflected in existing demand assessments.

               The  reasons for this decline remain unclear and until such reasons
               are better understood it will not be  possible to project with con-
               fidence either future demand trends or related plant construction
               requirements.

                          RHODE ISLAND ELECTRICITY CONSUMPTION

                                     TABLE 6-1

                    Consumption                          Annual  Rate of
                     (Trillons of                            Growth
                         BTU's)                             (Per Cent)
                 (3413 BTU's per kwh)

    1971                14.3                                    7.5

    1972                15.3                                    6.9

    1973                16.4                                    7.1

    1974                15.5                                   -5.4

    1975                15.1                                   -2.5

    1976                16.5                                    9.2

    Sources:   1971-1974, Electric Council, STATISTICAL BULLETIN, 1974.
              1975, Annual reports submitted to Public Utilities Commission
               by each company.
              1976, New England Power Company.

           C.  In enacting these new planning requirements the Congress expressly
                recognized and provided for the additional burdens, both temporal
               and financial, they placed on the states.

                    -  Planning monies were made available for the specific purpose
                      of undertaking energy facility planning efforts.

                      The deadline for completing energy related planning and program
                       development efforts under the Federal Coastal Zone Management
                      Act was extended to September 30, 1978.

            610.1-2  PLANNING POLICIES:

            A. In order to effectively implement the various energy facility planning
                requirements ( 920.18) of NOAA regulations promulgated on April 29, 1977,
                the Council finds tha't.the state should undertake assessments or establish
                procedures for assessing the following topiics by September 30, 1978:

                    1. An assessment of OCS oil and gas related facility siting
                        including onshore support services, fuel transfer, storage
                        and processing facilities, if any,

                    2.  An assessment of "native" energy sources including coal, wood,
                        wind, water, solar, solid waste, geothermal and energy con-
                        servation.

                    3.  An evaluationr of the regional context of energy production and
                        distribution as it affects  instate production and facility
                        development requirements.

                    4.  An evaluation of long term petroleum related transportation and
                        storage requirements and opportunities.

                    5.  An assessment of long term'electrical power requirements and
                        optional generating technologies with particular attention to
                        such demand variables as changing life styles, income, rate
                        structures and end uses; such technical considerations as
                        base, intermediate, peak and reserve generating requirements; and
                        such social considerations as the relative consequences of supply
                        deficiencies and surplusses.

                    6.  An assessment of optional "mixes" of energy sources including OCS
                        oil and gas, native sources and-electrical generating techniques
                        including total energy systems and cogeneration with particular
                        emphasis on the flexibility, reliability and environmental impacts
                        of such sources and techniques.

                    7.  Development of detailed data on the siting requirements and
                        related siting and/or operational impacts of specific facility
                        types.

    0~~~~~

                                         2.19

            8.  Development of additional and/ or refinement of existing Council
                Policies and Regulations relating to facil-ity siting and opera-
                tion pursuant to plan and program development responsibilities
                set forth under Title 46, Chapter 23, Section 6 of the General
                Laws.

            9.  Development of specific coordinating and cooperative arrangements
                between the Council as the state's principal fact finder for
                nuclear power plant and oil, refinery siting and the General
                Assembly as the final permitting body for such siting decisions.

           10. Development of additional arrangements to ensure consi~stent and
                cooperative planning and regulation by all units and levels
                of government.

           11.  Assessment of techniques to reduce the demands for energy.

    610.2 Siting of Energy Facilities

    610,2-1 FINDINGS:

    A.  Facilities for the processing, transfer and storage of petroleum
        products and the production of electrical power provide services
        necessary to support and maintain the public welfare and the state's
        economy.

    B.  Such facilities, whether sited in the coastal region or elsewhere, have
        a high probability ofa ffecting coastal resources and land uses
        because of their large size, environmental and aesthetic impacts,
        and impacts on surrounding land-uses and broad development
        patterns.

    C.  In order, therefore, to properly and effectively discharge legislatively
        delegated responsibilities related to the location, construction, altera-
        tion and/or operation of such facilities, the Council finds a need to
        require in all instances a permit for such location, construction, altera-
        tion and/or operation within the State of Rhode Is land where there is
        a reasonable probability of conflict with a Council plan or program, or
        damage to the coastal environment.

    610.2-2  POLICIES AND REGULATIONS:

    A. The siting, construction, alteration and/or operation of petroleum
        processing, transfer or storage facilities and power generating facili-
        ties within the State of Rhode Island shall require a Council permit
        when there is reasonable probability demonstrated by reliable and pro-
        batlive evidence that the proposal will:

        1.  Conflict with any Council Management Plan or Program;

        2.  Make any area unsuitable for any uses or activities to which
            it is allocated by a Council Plan or Program; or

        3.  Significantly damage the environment of the coastal region.

    B.  Applicants shall be further required to demonstrate by reliable and
        probative evidence that:

        1. Alternative sites have been considered and rejected for
            environmental, economic and/or operational reasons;

        2.  Construction and/or operation will be in conformance with all
            applicable environmental standards, guidelines and objectives;

        3.  Siting will not cause secondary developments that are inconsis-
            tent with the State Guide Plan or approved municipal master plans;

        4. Operation will not degrade aquifers or water bodies utilized for
            public water supply; and

        5.  Adequate procedures for the safe transport and/or disposal of
            products, materials and/or wastes hazardous to man or the coastal
            environment will be taken, including emergency containment and
            cleanup.

    C. In the absence of comprehensive statewide energy siting procedures
        applicants shall also be required to demonstrate that:

        1.  There is a need for the  proposed facility; and

        2.  Impacts on public service requirements and in-state employment
            opportunities have been identified and considered.

    D.: Where on the basis of such evidence and/or demonstrations the Council finds
        a reasonable probability of noncompliance with any applicable Policy or
        Regulation, includingJB and C above, it shall require appropriate modifica-
        tion of or shall deny the application in question.

    E.  Recipients of approved Council permits shall be required to maintain
        such records as may be necessary to monitor and ensure compliance of
        facility operations with all applicable Management. Policies as set
        forth above.

                                         221

                                620 ELECTRIC POWER PRODUCTION

    620.0-1 FINDINGS:

    A. The production of electrical energy whether by combustion of fossil fuels
        (oil, gas, and coal) or nuclear fission involves a host of impacts on the
        coastal region, its resources, and uses of those resources.

             - Impacts are of six principal types:

                    � Land use
                    � Water quality
                    . Air quality
                      Waste disposal related
                    � Human health and safety
                    � Socio-economic

             - Impacts are caused by both construction and operation of generating
               plants.

             - Impacts are extremely variable and dependent on a number of factors
               unique to specific sites and facility designs. General observations
               must consequently be weighed with this in mind.

    B. Siting of power generating plants has major impacts on coastal land use and
        development patterns.

             - Power plants occupy large sites - up to 110 acres for a 1,000 MW oil
               fired plant and 350 acres for a nuclear plant.

             - With their large buildings and tall stacks, power plants are major
               visual intrusions.

             - Transmission rights-of-way may preempt other uses of lands located
               considerable distances from the plant itself.

             - Exclusion and safety zones around nuclear power plants place con-
               straints on surrounding uses and development patterns.

             - Power plants require land with prime industrial development charac-
               teristics and preclude other industrial uses of such lands.

    C. Siting of power plants is influenced by the availability of water for
        transportation and processing purposes, although neither fossil fuel nor
        nuclear facilities require a waterfront location. Construction and opera-
        tion may have wide ranging impacts on water resources and marine life.

             - Construction related impacts on nearby waters are comparable
               although frequently of considerably longer duration than those
               for any major industrial facility.  These may include increased
               runoff and siltation, dredging or filling and runoff of hydrocarbon
               contaminated liquid wastes.

                     - Construction of once-through cooling systems may have significant
                       impacts on adjacent waterbodies since extensive dredging may be
                       required.

                     - Water consumption and related impacts during plant operation vary
                       considerably with plant design, especially the design of the cooling
                       system which accounts for most of the water used.

                     - Cooling and process water taken inand then released to the environ-
                       ment can have several impacts.

                            � Heated discharges affect critical biological functions of
                              marine organisms.
                            � Chemical antifouling agents are used to prevent corrosion
                              and marine growth in water systems; their cumulative impacts
                              are unknown.
                            . Nuclear power stations release radioactive substances such as
                              tritium and ruthenium.
                            � Fish may be trapped against water system intake screens
                              and killed.  Larvae and plankton are drawn through the entire
                              system where most are killed by pressure changes, abrasion,
                              or temperature shock.

            D. Plant construction and operation result in gaseous and particulate emissions
               which may affect air quality across a wide area.

                     - Construction related impacts are comparable to those associated with
                       any large scale construction project.  The considerable length of
                       the construction period exten'., these impacts over a long time
                       frame.

                     - Fossil fuel plant emissions include such pollutants as sulphur di-
                       oxide,fly ash, nitrogen oxides, volatile hydrocarbons, and carbon
                      monoxide.

                     - Nuclear plant emissions are principally radioactive: gases:  krypton,
                       iodine, and xenon.

            E.  Operation of fossil fuel powered plants, especially coal fired, generates
                large quantities of solid waste material.  Its disposal may have major
                impacts on the coastal environment.

                     - Eighty to ninety-nine percent of the fly ash produced by fossil fuel
                      combustion may  be removed by stack "scrubbers" which produce a
                       semi-liquid slurry or sludge. Up to 100,000 tons of this material
                      may be produced annually by a 1,000 MW coal fired plant.

           F.  Generation of electrical power by nuclear fission produces considerably
               smaller but more toxic amounts of solid waste.  Disposal of these highly
                radioactive wastes in an environmentally acceptable manner presents a
                number of very serious problems which remain to be resolved.  In the
               absence of such resolution,  the production of radioactive wastes repre-
               sents a major long term environmental and human health hazard.
    9 D     :?

                                        223

             - Because nuclear wastes remain radioactive for long periods (most
               wastes have half-lifes of between I and 380,000 years) their safe
               disposal poses numerous problems. The technology for isolating
               them from the environment for such periods has not yet been
               developed.

               Radioactive wastes are shipped from the generating plant to
               temporary storage sites by unescorted trucks over public roads.
               Although protected by shielded casks designed to prevent their
               release in case of accident, the possibility of such release
               remains.

    G.  The production of electricity by either fossil fuel or nuclear fired
        plants pose threats to human health and safety. While these can be reduced
        by use of best available technology and careful management, they cannot
        be totally removed, and energy production will continue to involve some
        degree of public risk.  Electrical power plants should, therefore, only be
        built on the basis of a real and demonstrated need for their generating
        output.
    620.0-2 POLICIES AND REGULATIONS:

    A.   Information  available  to the Council  at this  time
        does not provide an adequate basis for the
        Council to responsibly and properly evaluate proposals for the siting,
        construction and operation of electric generating facilities in the
        state's coastal region (see Section 610.1-1).

    B.  In discharging its responsibilities as the General Assembly's principal
        fact finder for nuclear power plant siting in or affecting the coastal
        region and its resources, and in further discharging its permitting
        authorities regarding fossil fuel fired generating plants, the Council
        shall not therefore process applications to construct electrical power
        generating facilities in or affecting the coastal region until such time
        as the above referenced evaluations and studies are completed. In no
        case shall this period extend beyond September 30, 1978.

    C.  The state's and the Council's position on power plant siting pending
       completion of ongoing energy facility assessments or procedures
       shall not be construed as indicating a prejudice or bias as to the
       conclusions of such assessments or procedures.

                                                224

                             630  TRANSFER OF PETROLEUM PRODUCTS
            630.1  Transportation by Vessel

            630.1-1  FINDINGS

            A.  The Port of Providence is the major petroleum products distribution center
                for southern New England.

                     - 7.2 million tons of refined oil, kerosene and gasoline with an
                       estimated value of $651 million were imported in 1975.

                      - Petroleum related vessel movements (including both tankers and
                        barges) in and out of Narragansett Bay accounted for some i,OO
                        vessel movements in 1975.;

             B.  Accidental groundings, collisions and resultant  spills have not caused
                 major environmental damages in Rhode Island. The recent Argo Merchant spill
                 has demonstrated, however, that oil spill clean-up technology is not
                 presently capable of controlling major spills in weather conditions that
                 are common offshore. The technology does, however, permit the control
                 and clean-up of spills in sheltered waters under most conditions. The
                 environmental impacts of spills can be significant and are of great con-
                 cern.

                      - The Council finds that growing traffic in petroleum products
                        poses an increased risk of spills and resultant environmental
                        damage.

                      - Traffic in liquified hydrocarbons also poses risks to life and
                        property because of their highly flammable nature.

             C.  Regulation of marine commerce in navigable waters is the respoitsibility
                 of the U.S. Coast Guard.  The Coast Guard is also responsible for develop-
                 ing and enforcing vessel design standards and operational rules, and for
                 enforcing federal laws regarding discharge of oily wastes, prevention,
                 clean-up and mitigation of accidental spills of petroleum products.  The
                 Council has taken the following actions in cooperation with the Coast
                 Guard.

                      - In April, 1977 the Council contracted with the University of
                        Rhode Island to implement a program for "fingerprinting" all
                        petroleum shipments bound for or originating from Rhode Island ports.

    0

                                            225

                        Chemical analysis of stored samples taken from all vessels
                        landing in the state allows for speedy identification
                        of the source of any oil spill in state waters.
                        The violator is responsible, under existing state and
                        federal law, for damages resulting from a spill.

    D. Regulations of the RI Department of Health prohibiting the discharge of
        oil or oily wastes into any waters of the state from any vessel are set.
        forth under Title 46, Chapter 12 of the General Laws. Rhode Island's
        water quality criteria (see Table 3-1) under which all discharges are
        regulated through the Federal Water Pollution Control Act also
        prohibit floating oil in any waters of the state.

    630.1-2 POLICIES AND REGULATIONS:

    A. All vessels engaged in the transportation of petroleum products
        in the waters of the state shall comply with all applicable rules
        and regulations of the RI Department of Health and the U.S.
        Coast Guard and all provisions of the Federal Water Pollution
        Control Act.

    B. It shall be the adopted policy of the Council to support the
        Coast Guard in the following actions:

             1. Implementation of an oil spill contingency plan for southern
                 New England in cooperation with appropriate bodies in other states;

             2. Reevaluation and upgrading of vessel design standards especially
                 as these relate to the prevention and/or mitigation of
                 accidental spills of petroleum products;

             3. Reevaluation and upgrading of operational rules relating to
                 transport of petroleum products in nearshore waters and
                 coastal embayments;

             4. Formulation of standards for crew training and qualification of
                 all vessels including barges utilized in the transport of
                 petroleum products.

    630.2 Transfer via Pipeline

    630.2-1 FINDINGS:

    A. According to the Environmental Impact Statement prepared by the Bureau of
        Land Management on Georges Bank oil and gas lease sales, Rhode Island's
        ocean shoreline or that of nearby Massachusetts provide the most likely
        landfalls for an OCS gas pipeline.

               Construction of one or two gas pipelines would begin between
               five and ten years after the first lease sale and each pipeline
               would take up to two seasons to complete.

                It appears unlikely that oil will be transported from OCS wells
                to shore through a pipeline and even less likely that OCS oil will
                be landed by tanker in southern New England. Crude oil, if it
                exists in expoitable quantitites, will most probably be
                transported outside the region for processing.

                                         226

                There is consequently adequate time to further evaluate
                 issues relative to OCS pipeline construction, routing and land-
                 falls prior to adopting final Council policy and regulations.

    B. PipeliSne corridor routing and construction in nearshore waters and along
        the immediate shorefront involve a number of environmental issues and
       may further conflict with other uses of coastal waters and resources.

               Much data must be assembled on the physical processes that
                take place on the ocean floor especially in shallow nearshore
                waters where bottom processes appear to be most active to
                ensure that a pipeline will withstand erosion, will be adequately
                supported and will not cause undesirable changes to the
                character of the bottom.

                Pipelines are of great concern to commercial fishermen since
                exposed pipe and valves can be snagged by towed fishing gear
                such as otter trawls and shellfish dredges. Pipelines may
                preempt the use of a corridor by fishermen. It is essential
                that fishermen play an active role in selecting the route
                for a pipeline and manner in which is will be engineered.

                Pipelines may also have impacts upon navigation since anchors
                can snag the line and on-surface booster stations (if needed)
                may be an obstruction to navigation.

             -  The construction of a pipeline will cause short term impacts
                on the living environment.  Route selection, construction
                timing and methods will require careful assessment to ensure
                minimal impacts.

                A marine pipeline landfall requires a right-of-way approximately
                100 feet in width. A gently sloping shoreline is preferred, but
                not necessary. The pipeline must be buried to a sufficient depth
                to avoid seasonal changes in the nearshore seafloor.  Careful
                planning and engineering will be required to ensure that any
                impacts on the shoreline will be temporary and/or sufficiently
                small to be acceptable.

                The construction of a pipeline landfall involves intensive short-
                term activity. Proper advanced planning, involving wide participa-
                tion, will help to minimize environmental and social impacts.

    630.2-2  POLICIES AND REG;ULATIONS:

    A. The siting and construction of any pipeline in or across the land and/or
        tidal water bodies of the Rhode Island coastal region shall require a
        Council permit.

    B. Applicants for such a permit shall demonstrate by a fair preponderance
        of evidence that the 'proposed action will not:

             I.  Conflict with any Council management plan or program;
             2.  Make any area unsuitable for any uses or activities to which it
                 is allocated by a Council management plan or program; or
             3.  Significantly damage the environment of the coastal region.

                                          227

    C. In addition to those general permit requirements set forth under
        Section 610.2-2, above, it shall be further demonstrated by
        reliable and probative evidence that the coastal resources
        are capable of supporting the proposed activity including the
        impacts and/or effects related to:

             1.  Scheduling and duration of construction relative to recreational,
                 wildlife, and fisheries use of affected areas;

             2.  The degreeand nature, if any, of site reclamation proposed;

             3.  Exposure of the proposed pipelines to hazardous bottom conditions;

             4.  Impacts on public services and in-state employment.

    630.3 Vessel to Vessel Transfer

    630.3-1 FINDINGS:
     A. The transfer of petroleum and petroleum products poses a potentially
         severe threat to the state's coastal resources.

                Accidental spills of petroleum products may adversely impact the
                marine and coastal environments, may endanger public health and
                safety and may damage other necessary and legitimate uses of the
                coastal region.

     B. Minimum requirements and procedures to be followed during transfer of
         petroleum products from vessel, to vessel must be set forth in order to
          insure that such transfers are carried out in a manner consistent with
          the Council's obligation to preserve and protect coastal resources.

     C. Effective implementation of transfer regulations requires an ability to
          readily identify the source of any spilled petroleum.

              - Technology exists to make such identifications through infrared
                 spectroscopy ("fingerprinting").

                                         228

    630.3-2  POLICIES AND REGULATIONS:

    DEFINITIONS:
    A.  Council:  "Council" shall mean the Coastal Resources Management Council.

    B.  Council Representative:  "Council Representative" shall mean a person
        appointed or employed as the Council's representative or agent.

    C.  Discharge:  "Discharge" shall mean any spilling, leaking, pumping,
        pouring, emitting, emptying or dumping either directly or indirectly
        to the waters of the State of Rhode Island.

    D.  Oil:  "Oil" means oil of any kind and in any form including, but not
         limited to petroleum, fuel, oil refuse, oil mixed with other wastes,
        crude oils and all other liquid hydro-carbons regardless of specific
        gravity.

    E.  Operate or Operator:  "Operate or Operator"  shall mean any person owning
        or operating an oil carrying tanker vessel with a capacity of more than
        5,000 gallons whether by lease,  contract or any other form of agreement.

    F.  Person:  "Person" shall mean individual, partnership, joint venture, cor-
        poration or any group of the foregoing organized or united for a business
        purpose.

    G.  Transfer:  "Transfer" shall include both on-loading and off-loading
        between vessels.

    H.  Vessel:  "Vessel" includes every description of watercraft or other
        contrivance used or capable of being used as a means of transportation on
        water, whether self-propelled  or otherwise and shall include barges and
        tugs.

                                          229

    A.  Transfer operations for petroleum and petroleum products:

             1. Pre-transfer Conference: No person shall commence or cause to
                 be commenced or consent to the commencement of bulk oil trans-
                 fer operations unless the following items have been reviewed,
                 agreed upon and complied with by personnel of the vessels
                 involved.

                      a.  A licensed master, mate, pilot, or engineerwho has full
                          knowledge of the vessel's tanks and cargo handling sys-
                          tem shall be in charge of cargo handling for each
                          vessel receiving or discharging oil at all times.

                     b.  A sufficient number of adequately trained men shall be
                         assigned to be constantly on duty on the vessels during
                         cargo transfer operations to keep the transfer opera-
                          tion under constant observation to insure immediate
                         action in case of a malfunction.

                     c.  Cargo sequence for loading or discharging products and
                          the proper baseline for each product has been established.

                     d.  The handling rate at which oil will be transferred has
                         been established. (Reduced rates are required when
                         commencing transfer, changing the lineup, topping off
                         tanks or nearing completion of transfer). The amount
                         of time to be given when the off-loading vessel desires
                         to start, stop, or change the rate of flow has been
                         determined.

                     e. A positive communication and signal system shall be oper-
                         able during all transfer operations.

                     f.  The emergency procedures to be followed in order to
                         stop and contain any discharge shall have been established.

                     g.  Personnel responsible for transfer shall be clearly
                         identifiable at all times, prior to transfer operations
                         personnel responsible for transfer shall be made known
                         to each other.

            2.  Transfer Procedures:  No person shall transfer or cause to be transferred
                or consent to the transfer of any oil *from any oil carrying
                vessel to any other oil carrying vessel unless:

                     a.  All equipment through which oil may pass during trans-
                         fer operations has been inspected visually prior to
                         each operation.
                         Any hose used in the transfer shall be pressure tested
                         annually and shall not be subjected to transfer pres-
                         sures greater than 75 percent of the last pressure
                         test or greater than the rated hose pressure, which-
                         ever is less.

                               230

                All hoses used  in the transfer of petroleum products
                from vessel to vessel shall be marked with a hose number.
                These markings shall be in color sharply contrasting
                with the color of the hose and shall be not less than
                one and one half inches high.  The operator shall keep
                a log book of all tests conducted on the individual
                hoses.  This log book shall contain the hose number,
                test pressure, date of test, place of test and the
                signature of the person conducting the test.  This
                log book shall be available for inspection by a repre-
                sentative of the Coastal Resources Management Council.

            b.  Hoses are supported so as to avoid crushing or excessive
                strain.  Flanges, joints and hoses shall be checked
                visually for cracks and wet spots.

            c.  Hose handling rigs are of a type which allow adjustment
                for vessel movement and hoses shall be long enough
                so that they will not be strained by any movement of
                the vessels.

            d.  Hose ends are blanked tightly when hoses are moved into
                position to be connected and also immediately after they
                are disconnected and drained into a drip pan.

            e.  Hoses are not permitted to chafe on vessels or to be
                 in contact with hot surfaces such as steam pipes or
                to be exposed to other corrosive sources.

            f.  Mooring lines and lines securing the vessels to each
                other are tended to prevent excessive movement of the
                vessels.

            g.  The  surrounding water shall be inspected frequently
                during transfer operations.  A log of all such inspec-
                 tions shall be kept and signed by the person making
                 the inspection and shall be available for inspection
                 by a representative of the Coastal Resources Management
                 Council.

    3.  Vessel to Vessel Transfer; Off-loading Requirements:  No person
       shall transfer to cause to be transferred or consent to the trans-
        fer of any bulk oil from any oil   carrying vessel to any other oil
       carrying vessel unless:

            a.  Sea valves connected to the cargo piping and stern
                 loading connections are tightly closed and sealed with
                 a numbered seal which is to be logged in the ship's log
                 book.

             b.  Lines and valves in the pump rooms and on deck are checked
                 by the ship's master, senior deck officer or deck.
                officer on duty, or licensed tanker man to see that they
                 are properly set for discharging cargo.  An additional
                 check must be made for the same purposes each time the
                 setting is changed.

        c. Full rate of discharge is not attained until lines of
            receiving vessel are proven clear.

        d. On completion of transfer operations, hoses or other con-
            necting devices shall be vented, blown down, or sucked
            out to drain the remaining oil. A drip pan shall be
             in place when breaking a connection and the end of the
             hose or other connecting devices shall be blanked off
            before being moved.

    Vessel to Vessel Transfer; Receiving Requirements:  No person shall
    transfer or cause to be transferred or consent to the transfer
    of any bulk oil from any oil carrying vessel to any other oil
    carrying vessel unless:

         a. All sea valves connected to the cargo piping, stern dis-
             charge and ballast discharge valves are closed and
             sealed with a numbered seal which is to be logged in
             the ship's log book and with the responsible ship's
             officer.

         b.  Special attention is paid during the topping off process
             to the loading rate, the number of tanks open, the
             danger of air pockets and the inspection of tanks
             already loading. Notice of the slowdown for topping
             must be given to off-loading vessel personnel.

         c. Upon completion of loading, all tank valves and loading
             valves are closed. After draining, hoses shall be dis-
             connected andhose risers blanked.

    Vessel Transfers While at Anchor:  No vessel while at anchor shall
    transfer petroleum products while gale warnings, (wind velocity
    35 knots or more) are in effect.

    Vessel to vessel transfers may only be carried on in anchorage
    areas designated by the Coastal Resources Management Council.
       The transfer of fuel for a vessel's own use may take place
    outside the designated anchorage area but in no case during
    gale warnings.

    Spillage During Transfer:  Transfer shall cease if a discharge
    of oil to the waters of the State occurs during such transfer.
    Transfer may be resumed when, in the judgement of the Coastal
    Resources Management Council's representative after consulta-
    tion, if necessary, with the United States Coast Guard or Local
    Authority adequate steps have been taken to control the spill
    and to prevent further spillage.

    Scuppers:  No person shall transfer or cause to be transferred
    or consent to the transfer of any bulk oil from one oil carrying
    vessel to another o~il carrying vessel unless the scuppers of any
    such vessel are plugged watertight during the oil transfer, However,
    it will be permissible to remove scupper plugs as necessary to allow
    runoff of water provided a vessel crew member stands watch to re-close
    the scuppers in case of an oil spill.

                                        232

            8.  Illumination:  No person shall transfer or cause to be transferred
                or consent to the transfer of any bulk oil after dark from one
                oil carrying vessel to another oil carrying vessel unless both
                vessels are adequately illuminated.

            9.  Open Hatch Transfer:  Transfer of oil by means of a hose through
                an open hatch is prohibited.  An exception will be made only
                when an emergency arises and  this is the only means of moving
                flammable oil from one vessel compartment to another or of
                unloading the vessel for the purpose of reducing or pre-
                venting pollution or for preventing foundering and then only
                when all possible precautions to prevent discharge to the waters
                of the state have been taken.

            10.  Sample Collection:  No person shall transfer in bulk nor cause to
                be transferred from any vessel to another vessel any petroleum
                product known as residual lube oils or middle distillate fuel
                 until they have taken or cause to be taken a composite sample
                of such product of not less than one pint from such vessel.
                 Such sample shall be labeled in afa.shion prescribed by the
                 Coastal Resources Management Council and retained by said person
                 for use by the Coastal Resources Management Council for a period
                of not less than sixty (60) days.

    B.  Reports and Notifications:
             1.  Anticipated Transfer:  The Council shall be notified at least
                 12 hours in advance of any transfer of bulk oil from one vessel
                 to another.

                     a.  Names of vessels.

                      b.  Approximate amount of oil to be transferred.

                     c.  Product type.

                     d.  Expected time and date of vessels arrivals.

                 Should unusual circumstances make it impossible to provide 12
                 hour notice, the operator shall notify the Council as soon as
                 possible.- Notification is not required for transfer of oil
                 for a vessel's own use.

             2.  Oil Spill Reporting Procedure:  In the event of any overboard
                 discharge during vessel to vessel transfer, the person, firm or
                 corporation responsible for the discharge shall immediately
                 undertake to remove such discharge.  Responsibility for removal
                 shall remain with the person, firm or corporation responsible
                 for the illegal discharge.  For this purpose, the owner shall
                 have readily available adequate essential equipment approved
                 by the Council for the containment and removal of such a dis-
                 charge and sufficient personnel to deploy and use such equipment.
                 In addition to the existing procedures, the following actions
                 are necessary:

                      a.  Initial Telephone Report:  An initial telephone report
                          of any discharge to the waters of the State shall be

                      233

        made to the Council or Council's representative as soon
        as practicable but within two hours. The report shall
        include:

            (1) Time of discharge

            (2) Location of discharge

            (3) Type and amount of oil

            (4) Assistance required

            (5) Name and telephone number of person making report

            (6) Other pertinent information

       A telephone report shall also be made to the National
       Response Center at (800) 424-8802.

    b. Second Telephone Report: A second telephone report shall
        be made as soon as adequate information is available
        but not more than eight hours after the first report.
        The report shall include:

            (1) Success of containment procedures

            (2) Actions for removal and success of removal

            (3) Estimate of area affected by such discharge

            (4) Assistance required

            (5)  Other pertinent information

    c.  After removal of such discharge has been completed, the
        operator shall prepare a complete written report of the
       occurrence and submit such a report to the Coastal
        Resources Management Council within ten (10) days.  If
        circumstances make a complete report impossible, a
        partial report shall be submitted. This report shall
        include, but not be limited to, the following informa-
        tion:

            (1) Date, time and place of discharge

            (2)  Name of permitee, name of owner of vessel or
                other party(ies) involved

            (3) Amount and type of oil discharged

            (4) Complete description of containment and removal
                operation including costs of these operations

            (5) Complete description of circumstances causing
                discharge

                                        234

                              (6)  Description and estimate of third party damages

                              (7)  Procedures, methods and precautions instituted
                                   to prevent a similar occurrence from reoccurring

                              (8)  Recommendations to the Coastal Resources Manage-
                                  ment Council for changes in regulations or
                                   operating procedures

                              (9)  Name and address of any person, firm or corpora-
                                   tion suffering damages from the discharge and
                                   an estimate of the cost of such damages.

                     d.  Council Telephone:  The Coastal Resources Management
                          Council is available by calling (401) 277-2284.

    C.  Permit:

             1.  Transfer Permit:  No person as defined in  this
                 Section              shall transfer or cause to be transferred
                 or consent to the transfer of any oil from one vessel to another
                 unless said person holds a valid permit issued by the Coastal
                 Resources Management Council and is abiding by all the conditions
                 set forth in these regulations. Said permit shall be requested
                on such form as the Council shall from time to time so designate
                and shall contain such information as the Council shall deem
                necessary.  Upon presentation of the completed request for a
                 permit and the payment of a fee of $35.00 per discharge the
                 Council is authorized to issue a valid permit.

            2.  Declaration of Inspection:  A copy of the "Declaration of Inspec-
                 tion" required by the United  States Coast Guard shall be in pos-
                 session of the operator or his representative and shall be avail-
                 able to the Coastal Resources Management Council representative
                who shall, on demand, be given the opportunity to satisfy himself
                 that the condition of the vessel is as stated in the "Declaration
                of Inspection."

             3. Declaration of Understanding: A copy of the "Declaration of
                 Understanding" shall be presented by the vessel's pilot to the
                 master of the vessel when the former boards the vessel.  No
                 transfer of oil shall be undertaken until such time as the master
                 of the vessel returns the signed Declaration of Understanding
                 to the pilot who shall within five (5) days deliver said
                 Declaration to the office of Coastal Resources Management Council.
                Said Declaration shall state that the master of thevessel is
                 knowledgeable of these regulations and agrees to abide by same.

             4.  Other:  Operators shall also complete such other forms, check
                 lists and reports as the Council from time to time may require.

                                        235

    D.  Bunkering and Lightering:  Nothing in the foregoing regulations should be
       construed as to prohibit the function of bunkering. vessels or when a
       demonstrated need is shown, the lightering of vessels at a place other
        than the area designated in these regulations. Such demonstrated need
       should be evaluated by the Council who is authorized to set temporary
        regulations for such procedures.

    E.  Designated Anchorage Areas:  The area designated in Narragansett Bay
        East Passage for vessel-to-vessel transfer of oil is that area south of
        Gould Island and North of the Newport Bridge bounded by the following
        coordinates:

             1.  Latitude 41� 30' 41" North
                 Longitude 71� 20' 57" West

             2.  Latitude 41� 31' 17" North
                 Longitude 71� 20' 29" West

             3.  Latitude 410 311 42" North
                 Longitude 71� 21' 05"' West

             4.  Latitude 41� 30' 49" North
                 Longitude 71� 21' 14" West

                            ~~~/ Al,' ~~~~~~~~236  ~ 2                                    6
                                                      Designated Anchorage Areasfo

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                                 ~~.'  Crunalo Coy,. ~~~~~~40--

                                                                                 56~ ~~~~~~-6

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                                                      112~ ~~~~ ~~~~~~~~~~~9 12422
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                 jj~r    /        k                13              3              Vt        )        42    5   36  9          7
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                                         237

    630.4 Vessel to Shore Transfer

    630.4-1 FINDINGS:

    A. Transfer of petroleum products from barges and tankers to shorefront stor-
        age facilities located in upper Narragansett Bay has the potential to cause
        major environmental damage if not properly managed.

             - As many as 10 million gallons of toxic material may be transferred
               in a single operation.

             - Accidental spills due to human error or equipment failure could
               release massive amounts of petroleum into the marine environment.

             - Petroleum may have persistent and wide ranging impacts on marine
               organisms and may accumulate in bottom sediments.

             - If uncontained a spill could contaminate much of Narragansett Bay
               in a relatively short time, severely damaging its scenic and
               recreational values, commercial shellfishery and its natural environ-
               ment.

    B. Ship to shore transfers are not, however, a significant management problem
        in Rhode Island because of actions taken by the State Department of Health,
        the Coast Guard and the petroleum industry.

             - The Department of Health promulgated rules and regulations to pre-
               vent the discharge or escape of petroleum products into state
               waters in 1957 under authority set forth in Title 46, Chapter 12
               of the General Laws. These regulations, upon which Council
               vessel to vessel transfer regulations were modeled, address ship
               to shore transfers directly and in comparable detail.

             - Under Section 154.300, 33 CFR the Coast Guard enforces regulations
               pertaining to petroleum products handling, Under this section all
               terminals are required to prepare a spill prevention and mitigation
               plan which must be approved by the Coast Guard. All Rhode Island
               terminals have received such approval.

             - The Rhode Island petroleum industry in itself has been a major
               innovator in the prevention and containment of spills.   In
               cooperation with the State Department of Health, the Rhode Island
               Petroleum Association established the nation's first port petroleum
               cooperative in 1966 (there are now over 100). The cooperative
               purchased 3,000 feet of containment boom at that time and another
               3,000 feet in 1973. Booms are stored at terminals in the port
               area and on two radio dispatched trucks donated by the industry
               to the Providence and East Providence fire departments.

    C. The Council concludes that existing prevention and mitigation procedures
        and requirements are adequate to prevent damage to the coastal environment
        and are consistent with its legal obligation to preserve, protect and
        restore the coastal resources of the state.

                                        2365

    D.  The Council finds a need, however, to be able to more readily identify
        the source of any spilled petroleum product in the state's tidal waters.

             - Recognizing that the technology exists to make such identifications,
               the Council has provided funding to support an oil "fingerprinting"
               laboratory at the University of Rhode Island.

    630.4-2  POLICiES AND REGULATIONS:

    A. No person shall transfer nor cause to be transferred from any vessel to
        a shore installation any petroleum product known as residual lube oils
        or middle distillate fuel until they have taken or cause to be taken
        a composite sample of such product of not less than one pint from such
        vessel. Such sample shall be labeled in a fashion prescribed by the
        Coastal Resources Management Council and retained by said person for
        use by the Coastal Resources Management Council for a period of not less
        than sixty (60) days.

    B. Further, subsequent to the shore transfer of such petroleum product from
        a vessel to a shore installation the operator of such shore installation
        shall obtain or cause to be obtained a shore tank composite sample of such
        product so transferred and such sample be labeled in a fashion prescribed
        by Coastal Resources Management Council and retained by said person for
        use by the Coastal Resources Management Council for a period of not less
        than sixty (60) days.

    630.5  Shore Transfer
    630.5-1  FINDINGS:

    A.  Transfer of petroleum products from storage facilities in the coastal
        region to vehicles for transportation to retail and wholesale distributors
        has limited potential for significantly damaging the oastal environment.

             - The potential for major spills is small due to the limited size
               of single transfers (8,000 gallons for a large tank truck) and
               utilization of automatic shutoffs on transfer equipment.

             - The potential for chronic small spills or seepage is greater, but is
               controlled by the Department of Health regulations referenced under
               Section 630.4-1.These require that transfer areas be graded to
               channel runoff into oil/water separators and that all runoff water
               be filtered through these separators which remove hydrocarbon
               residues.

             - Compliance with health regulations has been excellent and seepage
               is consequently not a significant management issue.

    B. The Council concludes that existing prevention and mitigation procedures
        and requirements for the on-shore transfer of petroleum are adequate to;
        prevent damage to the coastal environment and are consistent with its legal
        obligation to preserve, protect and restore the coastal resources of the
        state.  It finds no need to promulgate additional Policies and Regulations
        at this time.

                                          239

                              640 STORAGE OF PETROLEUM PRODUCTS

    640.1  Petroleum Bulk Storage
    640.1-1  FINDI:NGS:

    A.  Rhode Island is a major petroleum distribution center for the southern
        New England region(see Section 520.1-1).

                Nearly twice the state's annual consumption of petroleum
                products passes through the Port of Providence each year.

                Considerable quantities of fuel are transhipped by truck tanker
                to nearby Massachusetts and Connecticut.

    B.  Unlike other states in the region, Rhode Island has substantial  excess
        bulk storage capacity.

             -  Existing facilities (see Figure 6 l) are capable of storing  about
                50% of the state's annual (1 billion gallon) consumption of
                petroleum fuels.

             - Existing facilities have surplus capacity both in present storage
                tanks and room for new tanks.

             - Additional storage capacity exists in deactivated tanks at
                surplus Navy holdings at Melville in the town of Portsmouth.

    C.  It appears unlikely that Rhode Island's  excess storage capacity will
        be taxed by increased demands in the foreseeable future.

             - Present trends indicate a diffusion of oil distribution patterns.
                As a result Rhode Island's significance as an import-export
                center is likely to diminish.

             -  Decreased export traffic will free up additional storage capacity
                in existing facilities. This will minimize or eliminate entirely
                the need for new tanks for domestic needs.

    D.  There appears no need to anticipate  additional bulk
        petroleum storage facilities in the state's coastal region for the
        foreseeable future.

    640.1-2 POLICIES AND REGULATIONS
    A. The Council finds that shorefront siting of petroleum bulk storage
        facilities within the confines of existing tank farms is an acceptable
        use of the state's coastal zone.

                                                                                       l

                                              24~0
                                                                              Figure 6-1

                                                                           MAJOR CIL STORAGE

                                            N~~s@~ S~weh~..6d~X            FACILITIES   I N  RHODE
                            Iuit.II~~,lI,  I                                ISLAND
    MAP #CAPACITY

       1               261,888,005
      2               123,351,358                                 #edit'
            3         ~~~~~~122,024,400                    -
      4                91,010,400                -Pw~~~
      4a               39,900,000W('7
       5                31,717,000                  '        1w
       6                27,630,000               'C 1Y   ..c
       7                11,334,000
       8                  8,400,000
       9                  7,980,000
     10                  4,225,080
     11                     886,000        Cele
     12                     637,000                  ,.
     13                     390,000
           14              ~~~130,000                                    '*
     15                     114,600         -
     16                     650,000   ~

             West Greeeww iT

                                           Net*h Kngste-        4

                                                                                         Li tte Camp.ee
          mapii~~~~~~~fam~-

                                          11 Sout~~~~~~~~~~~~~~~h Ki.9...

                                        - 241

    B. Th1e

        The Council shall require permits for such bulk storage facilities
        and shall require applicants for such permits to meet all evidentiary
        burdens set forth under general permit requirements (Section 610.2-2).

    C. Pending completion of ongoing energy facility planning studies,1 the
        Council shall not permit expansion of existing tank farms beyond their
        present bounds, nor shall it permit construction of new petroleum bulk
        storage facilities in the coastal region.

    640.2 Storage and Processing of Liquified Gases
    640.2-I FINDINGS:

    A.  The Rhode Island coastal region contains one liquified natural gas
        (LNG) storage facility at Sassafras Point in Providence. Other facilities
        in the State are located in Exeter and Cumberland.

             - Existing facilities are supplied by truck.

            - Gas stored in liquified form is used to supplement piped
               supplies during peak winter consumption periods.

    B. Increased demand for natural gas as a clean burning fuel for home heating
        may generate demands for additional LNG storage facilities.

            - If local and regional demands continue to increase, it may
               become commercially attractive to import large volumes of LNG
               from foreign sources by tanker ship.

            - Such imports would generate additional demands for storage
               facilities in the coastal region, especially in existing port
               areas such as Providence.

    C. As with other forms of highly concentrated energy, special scrutiny
       must be given to the location, design and operation of LNG/LPG facilities.
       Accidental releases of LNG could pose a public safety hazard.

           -  LNG is a cryogenic material, remaining in a liquid state at
             atmospheric pressure only when kept below -260OF.

           -  Containment and handling equipment must be specifically designed
              for service at these low temperatures.

             Should LNG accidentally spill on land or water it vaporizes
              rapidly forming a cold plume of flammable natural gas.

              If ignited quickly LNG pools burn as very intense fires in a
             manner similar to gasoline. If ignition does not occur quickly
             a flammable (explosive if confined) vapor plume may be carried.
             downwind until a source of ignition is encountered or until
             the gas vapor-to-total volume is less than 5%.

       See also energy planning regulations  (610.1-2).

                                         242

    D.  Technology and procedures exist to markedly reduce, but not totally
       eliminate the dangers associated with storage and handling of LNG.
       Stringent Federal regulations governing the design and operation of
        LNG facilities serve to minimize these dangers.

    E.  LNG storage may constitute a major coastal land use in terms of the
        acreage involved and potential impacts on surrounding land uses and
        development patterns.

                Site requirements for an LNG terminal are dependent upon the
                nature of its operations and the ambient site conditions.  Such
                a facility may require substantial land area, perhaps up
                to 200 acres in a coastal location with access to channel
                depths of up to approximately 40 feet.

                Improper design and operation of such a facility could pose
                a safety hazard to surrounding land uses.

                Facilities may have visual impact on surrounding land uses and
                areas.

    F. Little research has been completed on the long term environmental
        effects of an accidental release of LNG.

             -  Localized short term mortality of coastal and marine lifeforms
                exposed to the extremely cold gas can be anticipated.

                 Regasification prior to release into distribution pipelines.
                may involve once through heating by seawater with consequent
                impacts on marine organisms through rapid cooling, release of
                toxic antifoulants, and mechanical damage.  Due to such
                environmental constraints, however, the preferred technique
                utilizes gas as the heating agent.

    640.2-2  POLICIES AND REGULATIONS:

    A.  Transfer of liquified gases from vessels transporting such gases to
        bulk storage facilities located in the Rhode Island coastal region is
        subject to Coastal Guard control. General regulations for the transport
        and discharge of LNG and LPG in Narragansett Bay have been adopted and
        are in force (COTP Providence LNG/LPG Contingency Plan 8/1/75).

    B.  Siting, construction and operation of facilities for the transfer, bulk
        storage or  regasification of liquified gases shall require a Council
        permit.

    C.  Applicants for such a permit shall be required to meet all permit and
         regulatory requirements set forth under Section  610.2-2 and to further
        demonstrate by a fair preponderance of evidence that facility siting
        and operation will be consistent with preservation of the health and
        safety of nearby populations.

                                         -243-

    D.    I t shall be furtiher demonstrated by reliable and probative
          evidence that:
           1. All applicable federal; state and local design, material and
               operating regulations, codes orother such requirements will
               be complied with;
              - Storage tanks will be constructed of proven materials and will
                be designed and operated within the design limits of pressure
                 relief and emergency venting systems;
                Storage tanks will be sited at sufficient distance from each
                other and so isolated by berms or containments that accidental
                 release and combustion of gases from one cannot ignite or
                otherwise damage any other;
              - Storage tanks will be sited a Sufficient distance from any
                stored corrosive material likely to damage or weaken such tanks;
                Each tank will be surrounded by a continuous berm or containment
                of sufficient diameter and height to contain the entire liquid
                contents of such tank;
                Any pipeline for the transfer of liquified gas into or from
                such a facility or on the premises of such a facility will
                be provided with dikes or berms capable of containing the largest
                spill that might occur if such pipeline was ruptured and before
                 it could be drained or shutdown;
                Provision for installation and operation of automatic and
                continuous monitoring, alarm and shutdown devices must be made;
                Provision for independent emergency power to maintain such
                emergency and essential operating equipment  must be made;
              - Provision for fire protection and fire fighting including
                emergency plans, equipment and personnel must be made.
              - Provisions for spill protection and prevention of ignition must
                be made;
              - Provisions must be made for LNG terminal security.

        Vaporization of liquid gases utilizing fresh or marine water sources
        shall not be permitted unless such water is recycled. Release of
        process water to the coastal environment shall only be permitted upon
        demonstration that no significant environmental damage will result.

                                          244

                          650   PROCESSING OF PETROLEUM PRODUCTS

    650.0-1  FINDINGS:

    A.  Oil and gas refining share essentially similar characteristics in terms
        of site requirements, construction activities and operational impacts.
        Gas facilities, however, are typically considerably smaller with a con-
        sequent reduction in siting and operational impacts.

               -   Construction:  Comparable to any major industrial construction
                 project, construction activities would include excavation,
                 clearing, operation of heavy equipment, noise and emissions
                 over an extended time frame.

               -   Water use:  Oil refineries in particular require considerable
                 volumes of water for cooling and processing (between 5 and.12
                 million gallons/day for a 250,000 barrel/day facility).  Cooling
                 waters are discharged at elevated temperatures and may be
                 contaminated with hydrocarbons, acids, and metallic compounds.

               -   Air emissions:  Refineries are  potential major sources of air pollutants
                 including particulates, sulfur and nitrogen oxides, volatile
                 hydrocarbons, hydrogen sulfide, and carbon monoxide. Even with
                 best available technology emissions cannot be totally eliminated.

               -   Solid wastes:  Toxic absorbents, oxides, scale, catalysts and
                 sludge in large quantities are by-products of the refining
                 process and their disposal can have major environmental impacts.

               -   Aesthetics:  Refineries can be major visual  intrusions due to size
                 and around-the-clock operations.

                 Land use: Refineries require large sites (between 1,000 and
                 1,500 acres for a 250,000 barrel/day oil refinery). Sites must
                 be prime industrially serviced land. Siting may stimulate
                 industrial growth in surrounding areas.

                 Safety:  The refining process involves the handling of highly
                 toxic and flammable materials in large volumes.  Appropriate
                 safety precautions must be taken to contain these materials.

                 Economic:   Construction activity will have significant impacts
                 on local employment opportunities for a limited period of
                 time.  Operational employment will vary with facility size,
                 but will be much lower. Increased tax revenue
                 will be generated.  However, increased demands on public
                 services - fire protection, water service, police, sewers, roads,
                 schools and housing - should also be anticipated.

                                          245

    B. Siting of oil refineries and/or gas processing facilities in the Rhode
         Island coastal region is a  management  issue.   It is
                  unlikely that an oil refinery will be sited in Rhode Island.
         A  gas processing  facility,  while more  likely,
        would not be sited unless and until justified by production of OCS
        gas. These conclusions are based on the following factors:

               -   Environmental  Impact Statements prepared on North Atlantic
                 OCS lease sales indicate that oil will be refined at existing
                 facilities in New Jersey.

               -   The Environmental Protection Agency has determined that siting
                 of an oil refinery in Southeastern New England would have an
                 unacceptable impact on air quality. It has publicly stated
                 that it would not allow siting of major new emission sources
                 including oil refineries in this area.

               -   Siting of gas processing facilities is dictated by pipeline
                 routing. Since Rhode Island's ocean shoreline provides one
                 likely landfall for an OCS gas pipelinesuch facilities may
                 be proposed. Construction should not be anticipated, however,
                 until eight or nine years after the first OCS lease sale.

    650.0-2  POLICIES AND REGULATIONS:

    See general permit and regulatory requirements kSection 610.2-2).

           Chapter 7
           Public and
           Governmental
           Part icipat ion

     �~-:.. : :'    - .;
    0~~~~~~

                         PUBLIC AND GOVERNMENTAL PARTICIPATION

    FINDINGS:

    A.   Public and governmental participation is an essential element of the
         Rhode Island Coastal Resources Management Program.

              - Public participation is necessary in all phases of program
                development and implementation.  The most effective vehicle
                for participation is often different for each facet of the
                program.

              - A variety of public participation programs ensures participation
                from the most diverse set of governmental bodies, interest
                groups and concerned individuals.

    B.   A traceable, open decision making process is critical if the public
         is to be a full partner in coastal management decisions.

              - The Council has recognized the necessity for adopting formalized
                procedures which set forth the mechanisms through which public
                and governmental input can occur.

              - All records on which regulatory decisions are made must be
                open to public inspection.

    C.   It is essential that the many groups and individuals with an interest in
         or who will be affected by the adoption of Council policies and regula-
         tions have the opportunity to participate in the development of such
         policies.

              - Numerous mechanisms in addition to testimony at formal hearings
                can be used to encourage such participation. Such mechanisms
                include technical input, review of preliminary drafts, meetings,
               workshops and advisory committee .

    D.   Solving many of the complex issues facing the coastal region requires
         the cooperation and coordination of numerous state and federal agencies,
         municipal governments, private groups and individuals.

              - Numerous state and municipal groups have adopted plans which are
                related to the use of the coastal region and its resources.
                     Opportunities exist for facilitating cooperation among these
                     groups including staff interactions and workshops, the
                     State Planning Council, the Council permit review procedures
                     and the A-95 review process.

              - Because of the significance of federal activities within Rhode
                Island's coastal region and the lack of an existing mechanism
                for effective state/federal cooperation on coastal issues, the
                Council finds that special coordinating efforts must be made with
                federal agencies with an interest in the Rhode Island coastal region.

                                        247

    E.   A critical element in the effective implementation of coastal management
         plans and policies will be public awareness of the coastal environment,
         and the management issues relating to the coastal region.

              - An informed public and a workable management program are
                synonymous.

              - Numerous opportunities exist for increasing public consciousness
                of coastal issues including: media exposure, brochures and news-
                letters, exhibits, talks and audiovisual presentations, and public
                workshops.

              - The Council finds it has a special responsibility to prepare
                Rhode Island's youngest citizens to deal intelligently and
                knowledgeably with the many coastal issues and decisions they
                will face as adults. Coastal awareness must be fostered in the
                state's schools at all levels.

    POLICIES AND REGULATIONS:

    A.   It shall be the policy of the Council to promote the participation of
         federal, state and local governmental bodies, public and private organiza-
         tions, and private citizens in the preparation of its plans, programs,
         policies and regulations.

    B.   The Council shall cooperate with other governmental agencies in all
         matters of mutual interest. The Council through its adopted procedures
         shall ensure a continuous flow of information among agencies in the develop-
         ment of its plans and studies before these are completed and adopted. The
         Council shall also solicit and consider the opinion of other agencies on
         any matter before the Council which significantly affects those agencies.

    C.   To ensure coordination between the Council and federal agencies, the
        Council has formed a Federal Advisory Committee. The purpose of the
        committee is to provide a forum for discussion and conflict resolution.
        The committee shall convene at least quarterly. Additional meetings will
        be held as necessary.

    D.   The Council shall work with local officials from Rhode Island's munici-
        palities to facilitate the coordination of the Rhode Island Coastal
         Resources Management Program and local plans.

    E.   The Council finds that an open, traceable decision making process is
        essential for an effective coastal management program. 'The Council will
         therefore follow the procedures set forth in detail in Appendix B for
        all permit applications which come before it.

    F.   The Council finds that full participation by interested and/or affected
         groups is essential in the development of Council policies and regula-
         tions. The Council finds it can best foster such participation by
        adopting the following policies:

                                        248

            1.  The Council will provide opportunities for public and governmental
                input in the development of its policies and regulations.
                     a.  The Council and its staff will consult with experts,
                         professionals and interest groups in the preparation
                        of technical reports upon which policies are based.
                     b. Plans and reports upon which policies and regulations are
                         based shall be made available to the public.
                     c.  The Council shall form advisory committees and hold
                         meetings and workshops to formulate and discuss proposed
                         policies as necessary.
            2. The adoption of all policies and regulations by the Council will
                follow the procedures set forth in Appendix B.

    G.   The Council shall continue to sponsor public education programs.  Such
        programs shall include:
               publication and widespread distribution of technical reports
              exh ibits
               media releases
               quarterly newsletters  (BRIEFINGS)
               a speakers bureau
              other activities that will foster public awareness
               special programs for senior citizens on coastal awareness,
               Rhode Island and offshore oil,and seafood consumer education.

    H.   The Council shall continue to sponsor educational activities for school
         age children.  Such activities will include the preparation and dissemina-
         tion of educational material, supplying speakers to school groups and
         sponsoring an annual essay contest.

         Selec ted
         References

          0

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                                                      249
                                          SELECTED REFERENCES

                 CHAPTER 1:  THE NATURAL SETTING

                 Brown, Charles, W. 1939. Hurricanes and Shoreline Changes in Rhode Island
                     Changes in Rhode Island. Geographical Review, 29:416-430.

                 Coastal Resources Center. In preparation. Coastal Ecosystems of Rhode Island
                     University of Rhode Island, Kingston, RI.

                 Davies, D.S., E.W. Axelrod, and J.S. O'Connor. Undated Erosion of the Center
                     Technical Report Series.  State University of New York, Stony Brook, NY.

                 Halverson, W. and W. Gardiner. 1977. Atlas of Rhode Island Salt Marshes.
                     University of Rhode Island, Kingston, Rhode Island.  Marine Memorandum #44.

                 Miller, H.C. Undated. A Report to the Federal Insurance Administration:
                     Coastal Flood Plain Management and the National Flood Insurance Program,
                     HUD Contract H-4094.

                 Nixon, S.W. and J. N. Kremer.  In press.  Narragansett Bay:  The Development
                     of a Composite Simulation Model for a New England Estuary. In C. Hall
                     and J. Day, eds. Models as Ecological Tools: Theory and Case Histories.
                     Wiley-Interscience, New York, NY.

                 Olsen, S.B. and M.J. Grant.  1973.  Rhode Island's Barrier Beaches:  Vo!umes
                      I and II. University of Rhode Island Island Marine Technical Report
                     No. 14, Kingston, RI.

                 Oviatt, C. and S. Nixon and J. Garber. 1977. Variation and Evaluation of
                     Coastal Salt Marshes. University of Rhode Island Marine Technical
                     Report No. 55, Kingston, RI.

                 Panel on Wave Action Effects Associated with Storm Surges. 1976. Methodology
                     for Calculating Wave Action Effects Associated with Storm Surges, Draft.
                     National Academy of Sciences, Washington, DC.

                 Seavey, G. L. 1975.  Rhode Island's Coastal Natural Areas:  Priorities for
                     Protection and Management. University of Rhode Island Marine Technical
                      Report No. 43, Kingston, RI.

                 Tippie, V.K.  1977.  Shoreline Erosion in Rhode Island.  University of
                      Rhode Island Marine Technical Report, Kingston, RI.

                  U.S. Army Corps of Engineers. 1973. National Shoreline Study. U.S.
                      Government Printing Office. Washington, DC.

                  See Also River Basin Plans in references of Chapter 3:  Pollution.

    S

                                       250

    CHAPTER 2: EXPLOITABLE NATURAL RESOURCES

    California Energy Resources Conservation and Development Commission' 1976.
        Sourcebook for the Joint Solar Hearings. Sacramento, California.

    Callaghan, D.W. and R.A. Commerford. 1977. Commercial Fishing has a Wide-
        Reaching Economic Effect in Rhode Island. Maritimes, February, 1977.
        U.R.I., Kingston, R.I.

    Gladstone Associates. 1974. Alternative Land Use Opportunities: Galilee, RI.
        Phase I Report.

    Grant, M.J. 1973. Rhode Island's Ocean Sands: Management Guidelines
        for Sand and Gravel Extraction in State Waters. University of
        Rhode Island Marine Technical Report No. 10. Kingston, RI.

    Griffiths, Lucy.  1965.  One Hundred Years of Rhode Island Agriculture.
        University of Rhode Island Agricultural Experiment Station Bulletin
        No. 378, Kingston, RI.

    Krikorian, John. 1977. Hydroelectric Potential for Rhode Island.
        Coastal Resources Center files, University of Rhode Island, Kingston, RI.

    Kupa, J. and W. Whitman. 1972. Land-cover Types'of Rhode Island: An
        Ecological Inventory. University of Rhode Island Agricultural
        Experiment Station Bulletin No. 409, Kingston, RI.

    Myers, James. 1976. Hunting and the Hunter of Rhode Island. Wildlife
        Pamphlet No. 10 RI Division of Fish and Wildlife, Department of
        Natural Resources, Providence, RI.

    New England Regional Commission. 1976. The Flow of Energy in New England
        Boston, MA.

    Olsen, S.B. and D.K. Stevenson. 1975. Commercial Marine Fish and Fisheries
        of Rhode Island. University of Rhode Island Marine Technical Report
        No. 34, Kingston, RI.

    Potter, R.M. 1975. Assessment of Some of the Geothermal Resources of the
        Eastern United States. Los Alamos Scientific Laboratory, University of
        California, Los Alamos, New Mexico.

    Robadue, D., Jr. 1975. Solar Energy for Rhode Island. Coastal Resources
        Center files, University of Rhode Island, Kingston, RI.

    Rhode Island Statewide Planning Program. 1969. Plan for the Development
        and Use of Public Water Supplies. Providence, RI.

    U.S. Department of Agriculture, Soil Conservation Service. 1975. Rhode Island
        Soil Interpretation Tables. U.S. Government Printing Office,
        Washington, DC.

    U.S. Department of Agriculture. 1977. Forest Statistics for Rhode Island.
        Forest Service Bulletin NE - 49.  USDA,Upper Darby, PA.

    Weston Observatory. 1976. Pennsylvania Coal Bearing Strata of the Narragansett
        Basin, Massachusetts and Rhode Island, Interim Report. Boston College,
        Weston, MA.

                                        251

    CHAPTER 3:  POLLUTION

    Coastal Resources Center. In preparation. Coastal Ecosystems of Rhode Island,
        University of Rhode Island, Kingston, RI

    Council on Environmental Quality.  1975.  The Sixth Annual Report of the
        Council on Environmental Quality. U.S. Government Printing Office,
        Washington, DC.

    Lager, J.A. and W.G. Smith. 1974. Urban Stormwater Management and Technology.
        Office of Research and Development, Environmental Protection Agency,
        Cincinnati, Ohio.

    Miller, David W., Frank A. DeLuca, and Thomas L. Tessier.  1974.  Groundwater
        Contamination  in the Northeast.States.  Office of Research and
        Development, Environmental Protection Agency, Washington, DC.

    Motto, W.    S.  1976.  Recommended Modification of Massachusetts State
        Sanitary Code Regarding Setbacks from Absorption Fields to Water Currents
        Coastal Resources Center Files.

    Rhode Island Department of Health, Division of Solid Waste Management. 1977.
        Rhode Island Hazardous Waste Report. Providence, RI.

    Rhode Island Department of Health, Division of Air Pollution. 1976. Air
        Quality Data Summary.  Providence, RI.

    Rhode Island Department of Health, Division of Water-Pollution Control.
        1977.  The State of the State's Waters - Rhode Island; A Report to
        Congress. Providence, RI.

    Rhode Island Statewide Planning Program and Rhode Island Department of
        Health.  1975.  Moshassuck River Basin Water Quality Management Plan,
        Report No. 26A.  Providence, RI.

                         1976.  Blackstone River Basin Water Quality Management
        Plan,  Report No. 26B.  Providence, RI.

                         1:976.  Woonasquatucket River Basin Water Quality
        Management Plan, Report No. 26C.  Providence, RI.

                          1976.  Pawtuxet River Basin Draft Water Quality
        Management  Plan.  Providence, RI.

                          1976.  Narragansett Bay Basin Water Quality Management
        Plan, Report No. 26D. Providence, RI.

                          1976.  Pawcatuck River Basin Draft Water Quality
        Management Plan, Report No. 26E, Providence, RI.

                          1976.  Continuing Planning Process Description Prepared
        Pursuant to Title III, Section 303 (e), Federal Water Pollution Con-trol
        Act Amendments of 1972, Report No. 30.  Providence, RI.

                         1977.  Moosup River Basin Water Quality Management Plan,
         Report No. 26G.  Providence, RI.

                                      252

    Rhode Island Water Resources Board.    Undated.  Water and Related Land
        Resources Planning, Task No. 13: Solid Waste Disposal. Providence, RI.

    Sartor, J.D. and G. B. Boyd, 1972. Water Pollution Aspects of Street
        Surface Contaminants. Office of Research and Monitoring Environmental
        Protection Agency, Washington, DC.

    U.S. Department of Agriculture, Soil Conservation Service. 1972. Rhode Island
        Erosion and Sediment Control Handbook. West Warwick, Rhode Island.

    U.S. Environmental Protection Agency. 1976. Quality Criteria for Water.
        U.S. Government Printing Office, Washington, DC.

    Van Vleet, E.S. and J.G. Quinn. In press. Input and Fate of Petroleum
        Hydrocarbons Entering the Providence River and Upper Narragansett Bay
        from Wastewater Effluents. Environmental Science and Technology.

    CHAPTER 4: CULTURE AND RECREATION

    Coastal Resources Center. 1976. The Bay Islands Park: A Marine Recreation
        Plan for the State of Rhode Island. University of Rhode Island,
        Kingston, RI.

    Grant, M.J. 1974. Perspectives on Coastal Management: Marine Trades and
        the Coastal Crisis.  University of Rhode Island Marine Bulletin Series
        No. 18, Kingston, RI.

    Rhode Island Statewide Planning Program. 1976.Plan for Recreation,
        Conservation and Open Space, Report No. 28, State Guide Plan Element
        151. Providence, RI.

    Rorholm, N. 1976. Boats and Their People: A Study of Rhode Island Boat
        Owners. University of Rhode Island Marine Technical Report No. 52,
        Kingston, RI.

    The Urban Design Group, Inc. and Economic Research Associates. 1975. State
        of Rhode Island, Department of Economic Development, Marinas and Pleasure
        Boating Facilities Study. Newport, RI.

    CHAPTER 5: COASTAL DEVELOPMENT

    Coastal Resources Center.    1977.    The Redevelopment of Quonset/Davisville:
        An Environmental Assessment. University of Rhode Island Marine
        Technical Report No. 55, Kingston, R.I.

    Gladstone Associates.   1977.  Socio-economic Assessment of the Reuse Alterna-
        tives of Quonset Point/Davisville, Newport, R.I.

    Harbridge House. 1976. Industrial and Commercial Marketability of Surplus
        Properties in Rhode Island. Boston, MA.

    Keyes Associates. 1977. Quonset Point Technical Facilities Study, Providence,RI.

                                      253

    MacConnell, W.W.P.  1974.   Remote  Sensing Land Use and Vegetative Cover
        in Rhode Island. University of Massachusetts, Amherst, MA.

    Marchesseault, G. and S. Saila. In press. Some environmental Considerations
        of Dredging and Spoil Disposal in Estuarine and Nearshore Waters.
        University of Rhode Island Marine Technical Report, Kingston, RI

    Morton, J.W. 1976. Ecological Impacts of Dredge Spoil Disposal: A
        Literature Review.  M.S. Thesis.  Cornell University,  Ithaca, NY.

    New England River Basins Commission. 1975.  Report of the Southeastern
        New England Water and Related Land Resource Study. Boston, MA.

    Rhode Island Department of Economic Development. 1976. Basic Economic
        Statistics - The Economy, Summary and Trends.  Providence, R.I.

    Rhode Island Statewide Planning Program. 1972. Land Zoned for Industrial
        Use: Inventory and Analysis, Technical Paper 20. Providence, RI

                     1975.  Rhode Island Transportation Plan:  1990, Report No. 19.
        Providence, RI.

                     1975.  State Land Use Policies and Plan,  Report No.22.
        Providence, RI.

    Tippie, V.K.  In press.  Dredge Spoil Disposal in Rhode Island.  University
       of Rhode Island Marine Technical Report, Kingston, RI.

    U.S. Army Corps of Engineers. 1976. Fall River Harbor Improvement Dredging
        Project and Fall River and Providence River Harbors Dredging Actions
       with Ocean Disposal at Browns Ledge, Draft Environmental Impact Statement.
        New England Division, Corps of Engineers, Waltham, MA.

    CHAPTER 6: ENERGY

    Bureau of Land Management. 1976. Draft Environmental Impact Statement
       Proposed Lease Sale No. 2, North Atlantic. New York, NY.

    California Energy Resources Conservation and Development Commission. 1976.
       Electricity Forecasting and Planning Report. Sacramento, California.

    Eichholz, G. G. 1976.  Environmental Aspects of Nuclear Power.  Ann Arbor
       Science Publishers, Inc., Ann Arbor, Michigan.

                                     254

    Latham, P. 1974. Liquified Natural Gas - A Survey. Marine Affairs Journal
        Volume 2, University of Rhode Island, Kingston, RI..

    McGlennon, J. 1976. Refineries in New England. Environment News (July), p. 1.

    New England Energy Management Information System. 1976. Fuel Storage Capacity
        in New England. New England Regional Commission, Boston, MA.

    New England Regional Commission, 1975. Electric Power Demand and Supply in
       New England: A Review of Trends and Forecasts. Boston, MA.

                      1976.  New England Power Pool.  Boston, MA.

                      1975. Power Plant Siting Guidelines, Boston, MA.

    New England River Basins Commission. 1976. Onshore Facilities Related to
        Offshore Oil and Gas Development Factbook. Boston, MA.

    Appendices

          ICH

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                                             255

                     APPENDIX A : LEGAL AUTHORITIES

    .   Program Development, Organization and Implementation Authorities in Rhode Island

        1.1  Legislative Findings:

            In 1971 the General Assembly made four broad findings of issues and prob-
            lems confronting the state's coastal region (46-23-1):

                 (1)  The coastal resources of Rhode Island, a rich variety of natural,
                      commercial, industrial, recreational, and aesthetic assets, are of
                       immediate and potential value to the presentand future develop-
                      ment of this state.

                 (2)  The sea and its adjacent lands are major sources of food and public
                      recreation (and) are used by and for industry, transportation, waste
                      disposal and other purposes.

                 (3) IUnplanned and/or poorly planned development of this basic natural
                      environment has already damaged or destroyed or has the potential
                      for damaging or destroying the state's coastal resources and has
                      restricted the most beneficial and efficient use of such resources.

                 (4)   Demands on the state's coastal resources are increasing in number,
                      magnitude and intensity.

            The Rhode Island Coastal Resources Management Program derives its substance
            and direction from these findings, representing an effort to promote legis-
            latively recognized values by addressing legislatively identified problems.

       1.2  Legislative Goals:

             I-n responding to its findings the Assembly went on to identify six basic goals
            for coastal resources management in Rhode Island (46-23-1):

                 (1)  To preserve, protect, develop and where possible restore the state's
                      coastal resources for this and succeeding generations.

                 (2)  To provide adequate resource planning for the control and regulation
                      of the use of natural resources and for the preservation, regeneration
                      and restoration of the natural environment.

                 (3)  To protect the social and economic wel:l being of the people of Rhode
                       Island.

                 (4)  To protect the public health, safety and general welfare.

                                       256

            (5.)  To secure the rights of the people to the use and enjoyment of the
                   natural resources of the state with due regard for the preservation
                  of their values.

            (6.)  To allow the General Assembly to fulfill its duty to provide for the
                   conservation of the air, land, water, plant, animal, mineral and
                   other natural resources of the state.

         These goals establish the Rhode Island program's central objective of directing
         resource use and development consistently with environmental preservation.

    1.3. Legislative Policies:

         The policies mandated by the Assembly to implement its goals for managing
         Rhode Island's coastal region, its resources and their use are of three basic
         types:
              (i) Resource planning and program development policies;
              (2) Organizational policies for implementing management plans and
                   programs;
              (3) Implementing policies and authorities.

        (1)   Resource Planning Policies:S

        .These consist of specific technical/scientific, procedural and policy direc-
         tives for evaluating the management requirements of coastal resources and for
         formulating appropriate management policies and use controls. Legislative
         policies regarding resource planning are set forth as follows under section
         46-23-6 of the General Laws:

                   46-23-6 A. Planning and Management. The primary responsibility
              of the council shall be the continuing planning for and management of
              the resources of the state's coastal region. The council shall be able
              to make any studies of conditions, activities or problems of the state's
              coastal region needed to carry out its responsibilities.-

                   The resources managment process shall include the following basic
              phases:

                   a) Identify all of the state's coastal resources, water, submerged
              land, air space, fin fish, shellfish, minerals, physiographic features,
              and so forth.

                             257

        b)  Evaluate these resources in terms of their quantity, qual-
    ity, capability for use, and other key characteristics.

        c) Determine the current and potential uses of each resource.

        d)  Determine the current and potential problems of each
    resource.

        e) Formulate plans and programs for the management of each
    resource identifying permitted uses, locations, protection measures,
    and so forth.

         f) Carry out these resources management programs through
    implementing authority and coordination of state, federal, local, and
    private activities.

         g) Formulation of standards where these do not exist, and
    reevaluation of existing standards.

         An initial series of resources management activities shall be
    initiated through this basic process; then each phase shall contin-
    uously be recycled and used to modify the Council's resources mana-
    gement programs and keep them current.  Planning and management pro-
    grams shall be formulated in terms of characteristics and needs of
    each resource or group of related resources. However, all plans and
    programs shall be developed around basic standards and criteria,
    including:

         a) The need and demand for various activities and their impact
    upon ecological systems

         b)  The degree of compatibility of various activities

         c)  The capability of coastal resources to support various
    activities

         d)  Water quality standards set by the department of health

         e) Consideration of plans, studies, surveys, inventories and so
    forth prepared by other public and private sources

         f) Consideration of contiguous land uses and transportation
    facilities

         g)  Consistency with the state guide plan

                                    258

     The Council is directed by the General Assembly to plan for and manage the
     entire coastal region, not simply its marine or intertidal elements.
    There is an implicit legislative recognition that the marine and intertidal
    resources of the state can only be properly and effectively managed in a
    broader context. This context must incorporate lands whose use affects or
     is affected by proximity to coastal waters.

     The legislature directed the Council to identify and evaluate all resources
     of the coastal region and to develop management plans and programs for the
     use and protection of each resource or group of related resources. This
     broad mandate reflects the breadth of legislative concern and recognition
     that individual resources cannot be effectively managed in isolation.

     The legislature charged the Council to evaluate, make determinations
     regarding and manage coastal resources on the basis of the various factors
     enumerated under 46-23-6A, (a)-(d) and (a)-(g). The Council's charge to
     formulate management plans and programs which specify permitted uses and
     locations and necessary protection measures for these resources must
     consequently be exercised in this context. Since the legislature identified
     a wide range of specific management considerations and concerns, Council
     plans and management policies must address and respond to a correspondingly
     wide range of factors if they are to accurately reflect legislative intent.

    (2)   Organizational Policies:

     In order to effectively implement its objectives regarding coastal manage-
     ment in Rhode Island the General Assembly set forth both general and spe-
     cific organizational policies for the state's Coastal Resources Management
     Program.

     General policies as set forth under section 46-23-1 of the General Laws
     are as follows:

          1.   (Legislative objectives shall be implemented) through compre-
               hensive and coordinated long range planning and management
               designed to produce the maximum benefit for society from (the
               state's) coastal resources.

          2.   (Legislative objectives shall be achieved) by providing adequate
               resource planning for the control and regulation of the use of
               the natural resources of the state and for the preservation,
               regeneration and restoration of the natural environment of the
               state.

     More specifically, the Legislature created the Coastal Resources Management
     Council as the state's lead coastal management agency:

               These (legislative) policies can best be achieved through the
               creation of a coastal resources management council as the
               principal mechanism for management of the state's coastal
               resources (46-23-1).

                                   259

    It set forth the Council's internal structure and procedures under sec-
    tions 46-23-2-vet. seq. of the General Laws:

             46-23-2. Coastal resources management council created -
        Appointment of members.--There is hereby created the coastal re-
       sources management council.  The coastal resources management council
        shall consist of seventeen (17) members, two (2) of whom shall be
        members of the house of representatives, at least one (1) of said
        members shall represent a coastal municipality, appointed by the
        speaker, two (2) of whom shall be members of the senate each of whom
        shall represent a coastal municipality, appointed by the lieutenant
        governor, two (2) of whom shall be from the general public appointed
        by the speaker of the house for a term of two (2) years, two (2) of
        whom shall be from a coastal municipality appointed by the speaker of
         the house for a term of three (3) years. Four (4) appointed or
        elected officials of local government appointed by the governor, one
         (1) of whom shall be from a municipality of less than twenty-five
        thousand (25,000) population appointed to serve until January 31,
         1972, one (1) of whom shall be from a coastal municipality of more
         than twenty-five thousand (25,000) population appointed to serve
        until January 31, 1973 and one (1) of whom shall be from a coastal
        municipality of less than twenty-five thousand (25,000) population
        appointed to serve until January 31, 1974 and one (1) of whom shall
        be from a coastal community of more than twenty-five thousand (25,000)
        population appointed to serve until January 31, 1975, said populations
        are to be determined by the latest federal census; all such members
        shall serve until their successors are appointed and qualified;
        during the month of January 1972 and during the month of January
         thereafter, the governor shall appoint a member to succeed the member
        whose term will then next expire for a term of four (4) years commencing
        on the first day of February then next following and until his successor
         is named and qualified; each such municipal appointment shall cease
         if the appointed or elected official shall no longer hold or change
         the office which he held upon appointment, and further, each such
        appointee shall be eligible to succeed himself.  Three (3) members
         shall be appointed by the governor from the public, with the advice
        and consent of the senate, one (1) of whom shall serve until January
        l, 1972, one (1) of whom shall serve until January 1, 1973 and one
         (1) of whom shall serve until January 1, 1974; said members and their
         successors shall represent a coastal community. All such members
         shall serve until their successors are appointed and qualified;
        during the month of January 1972 and during the month of January
         thereafter the governor shall appoint, with advice and consent of
         the senate, a member to succeed the members whose term will then next
        expire for a term of three (3) years commencing on the first day of
         February next following and until his successor is named and qualified.
        A member shall be eligible to succeed himself. No more than two (2)
         persons on said council shall be from the same community.  Appointments
         shall first be made by the governor then by the lieutenant governor

                              260

    and, then by the speaker. A vacancy other than by expiration,
    shall be filled in like manner as an original appointment but only
    for the unexpired portion of the term. The director of natural
    resources and the director of health shall serve ex officio.
         In addition to the foregoing voting members, the council shall
    include a varying number of other members who shall serve in an
    advisory capacity without the right to vote and who shall be invited
    to serve by either the governor or the voting members. These
    advisory members shall represent the federal agencies such as the
    navy, coast guard, corps of engineers, public health service and
    the federal water pollution control administration and such regional
    agencies as the New England River Basins Commission and the New
    England Regional Commission and any other group or interest not
    otherwise represented. The council shall have authority to form
    committees of other advisory groups as needed from both its own
    members and others.

         46-23-3. Qualifications of members.--Each appointed member of
    the council, before entering upon his duties, shall take an oath to
    administer the duties of his office faithfully and impartially, and
    such oath shall be filed in the office of the secretary of state.

         46-23-4. Officers of the council; quorum and vote required for
    action.--The-governor, upon the appointment of the appointed members
    of the council shall select from said appointed members a chairman
    and vice chairman. The council shall thereupon select a secretary
    from among its membership or staff. The council may engage such
    staff as it deems necessary. A quorum shall consist of nine (9)
    members of said council. A majority vote of those present shall be
    required for action.

         46-23-5. Expenses of members.--The members of the council
    shall be paid fifty dollars ($50.00) per meeting as compensation
    and shall be reimbursed for their actual expenses necessarily
    incurred in the performance of duties.

         46-23-12. Representation from coastal communities.--Upon the
    -expiration of a term of a member appointed by the governor as an
    appointed or elected official of local government from a coastal
    municipality as set out in 46-23-2, the governor shall appoint an
    appointed or elected official of a coastal municipality which at
    the time of the governor's appointment has no appointed or ex-
    officio representation on said council.

                                   261

     The Council's staff was established within the Department of Natural
     Resources, but responsible through the Department Director (himself a
     Council member) to the Council:

               42-  7.1-4.  Within said department of natural resources-there
          are hereby established the following divisions:

               d)  A division ofcoastal resources which shall carry out
          those functions of the department relating to harbors and harbor
          lines, pilotage, flood control, shore development, construction of
          port facilities, and the registration of boats and such other
          functions and duties as may from time to time be assigned by the
          director, except that such division shall not be responsible for
          the functions of inspection of dams and reservoirs, approving plans
          for construction or improvement of dams, reservoirs and other
          structures in non-tidal waters, and the operation of stream-gauging
          stations in cooperation with the United States geological survey,
          and provided further that such division and its staff shall be
          responsible through the director of natural resources, to the
          coastal resources management council, and such chief and the staff
          of the division shall serve as staff to said council.

     In setting forth specific standards for the Council's internal organiza-
     tion and membership the General Assembly provided for strong and direct
     municipal and public representation.  While the Council is the state's
     principal coastal management agency, its membership is drawn predominantly
     from the general public and local government. By law only two of its
     seventeen voting members are state officials, while seven are citizen
     representatives, four are members of the legislature and four are municipal
     officials.

    Creation of the Council's staff within the Department of Environmental
    Management and ex-officio membership on the Council of that Department's
    Director as well as the Director of the Department of Health ensures
    maximum coordination between the state's principal environmental manage-
    ment agencies.

    (3)   Implementing Policies and Authorities:

     Under Title 46, Chapter 23, Section 1 of the General Laws the Assembly
     also set forth the central implementing objective of the state's coastal
     management program:

                    Preservation and restoration of ecological systems shall
                    be the primary guiding principle upon which environmental
                    alteration of coastal resources will be measured, judged
                    and regulated.

                                     262

     It then went on to prescribe the powers and duties the Council is charged
     to exercise in furtherance of this objective. These are of three
     fundamental types:
          (1) Direct regulatory and management control over specified uses
               and areas;
          (2) Coordination of federal, state, local and private actions in
               or affecting the Rhode Island coastal region;
          (3) Administration of gifts, grants and donations.

    i.4   Direct Council Management Responsibilities

     Direct Council regulatory and management responsibilities, functions and
     authorities are set *forth as follows in the General Laws:

               46-23-6 A. Planning and Management. The primary responsibility
          of the Council shall be the continued planning for and management
          of the resources of the state's coastal region.

               46-23-6 B. Implementation. The council is authorized to
          formulate policies and plans and to adopt regulations necessary to
          implement its various management programs.
               Any *person, firm, or governmental agency proposing any develop-
          ment or operation within, above, or beneath the tidal water below
          the mean high water mark, extending out to the extent of the state's
          jurisdiction in the territorial sea shall be required to demonstrate
          that its proposal would not (1) conflict with any resources manage-
          ment plan or program-, (2) make any area unsuitable for any uses or
          activities to which it is allocated by a resources management plan
          or program; or (3) significantly damage the environment of the
          coastal region. The council shall be authorized to approve, modify,
          set conditions for, or reject any such proposal.
               The authority of the council over land areas (those areas
          above the mean high water mark) shall be limited to that necessary
          to carry out effective resources management programs. This shall
          be limited to the authority to approve, modify, set conditions for,
          or reject the design, location, construction, alteration, and
          .operation of specified activities or land uses when these are
          related to a water area under the agency's jurisdiction, regardless
          of their actual location. The council's authority over these land
          uses and activities shall be limited to situations in which there
          is a reasonable probability of conflict with a plan or program for
          resources management or damage to the coastal environment. These
          uses and activities are:

              (a)   Power generating and desalination plants.

              (b)   Chemical or petroleum processing, transfer, or storage.

              (c)   Minerals extraction.

                              263

        (d)   Shoreline protection facilities and physiographical
             features, and all directly associated contiguous areas
             which are necessary to preserve the integrity of such
             facility and/or features.

        (e)   Coastal wetlands and all directly associated contiguous
             areas which are necessary to preserve the integrity of
             such wetlands. For the purpose of this chapter a coastal
             wetland shall mean any salt marsh bordering on the tidal
             waters of this state, whether or not the tidal waters
              reach the littoral areas through natural or artificial
             water courses, and such uplands directly associated and
             contiguous thereto which are necessary to preserve the
              integrity of such marsh.  Marshes shall include those
             areas upon which grow one or more of the following:
              Smooth cordgrass (Spartina alterniflora), salt meadow
             grass (Spartina patens), spike grass (Distichlis spicata),
              black rush (Juncus gerardi), saltworts (Salicornia
              spp.), sea lavender (Limonium carolinianum), saltmarsh
              bulrushes (Scirpus spp.). high-tide bush (Iva frutescens),
              tall reed (Phragmites communis), tall cordgrass (Spartina
              pectinata), broadleaf cattail (Typha latifolia), narrowleaf
              cattail (Typha angustifolia), spike rush (Eleocharis rostellata),
              chairmaker's rush (Scirpus americana), creeping bentgrass
              (Agrostis palustris), sweet grass (Hierochloe odorata),
              wild rye (Elymus virginicus).

        (f)  Sewage treatment and disposal and solid waste disposal
              facilities.

         46-23-6 D. Operations.  The council shall be authorized to
    exercize the following operating functions, which are essential to
    management of coastal resources:

        a)  Issue, modify or deny permits for any work in, above, or
              beneath the areas under its jurisdiction, including
              conduct of any form of aquaculture.

         b)   Issue, modify or deny permits for dredging, filling, or
              any other physical alteration of coastal wetlands and all
              directly related contiguous areas which are necessary to
              preserve the integrity of such wetlands.

         c)   Grant licenses, permits and easements for the use of
              coastal resources which are held in trust by the state
              for all its citizens, and-impose fees for private use of
              such resources. (Section 46-23-16 states that "The Council
              is authorized to grant permits, licenses and easements
              for.any term of years or in perpetuity.")

                              264

         d)   Determining the need for and establishing pierhead, bulk-
              head, and harbor lines.

         e)   Developing, leasing, and maintaining state piers and other
              state-owned property assigned to the agency by the depart-
              ment of natural resources, the governor or the general
              assembly.

         f)   Investigating complaints alleging violations of state laws
              or riparian rights in the state'.s tidal waters.

         46-23-6 E.  Rights of way:  The council shall be responsible
    for the designation of all public rights of way to the tidal water
    areas of the state, and shall carry on a continuing discovery of
    appropriate public rights of way to the tidal water areas of the
    state.
         The council shall maintain a complete file of all official-
    documents relating to the legal status of all public rights of way
    to the tidal water areas of the state.
         The council shall, subject to the provisions of chapter 6 of
    title 37 of the general laws, as amended, have the power to designate
    for acquisition and development by the Department of Natural Resources
    land for tidal rights of way, parking facilities and other council
    related purposes.
         In conjunction therewith every state department controlling
    state owned land close to or adjacent to discovered rights of way is
    authorized to set out such land, or so much thereof as may be deemed
    necessary for public parking.

         46-23-17.  Annual progress report on rights of way.--Within
    ninety (90) days after the end of each fiscal year, the council
    shall submit a written progress report on the development of public
    rights of way to the tidal water areas of the state to the state
    planning council, the department of natural resources, and the joint
    committee on the environment for review, evaluation and recommendation
    of the program's suitability, relevance to the recreation element of
    the state guide plan and impact on the natural resources of the
    state. The report shall also provide detailed records of expenditures
    and a proposed schedule of future projects.

         46-23-7. Violations.

         a)   In any instances wherein there is a violation of the
              coastal resource management program or a violation of
              regulations or decisions of the council, the council shall
              have the power to order the violator to cease and desist
              or to remedy such violations. For the purposes of this
              section any development, operation)alteration or construc-
              tion undertaken in any area under the council's jurisdic-
              tion as set forth in this chapter, without a valid permit
             of this council, shall be deemed to be a violation of a
              regulation or order of this council.

                            265

                  if the violator does not conform to the council's
             order then the council, through its chairman, may bring
             prosecution by complaint and warrant, and such prosecution
             shall be made in the district court of the state.
                  The chairman without being required to enter into
        any  recognizance or to give surety for cost, may institute
        such proceedings in the name of the state.  It shall be the
        duty of the attorney general to conduct the prosecution of all
        such proceedings brought by the council.
                  The chairman may delegate his authority to bring
        prosecution by complaint and warrant to such numbers of
        conservation officers as he may deem necessary, and said
        conservation officers shall not be required to enter into any
        personal recognizance or to give surety for cost.
                  The division of enforcement shall enforce the laws
        and regulations of the council and to this end:
                   (1)  Verbal cease and desist orders may be given by
                       conservation officers after it has been determined
                       that no valid permit under this chapter exists.
                   (2)  Conservation officers, council members and
                       council staff shall have authority to enter on
                       private land to investigate possible violations
                       of this chapter

    b)   The chairman, at the direction of the council, may obtain
         relief in equity or by prerogative writ whenever such relief
         shall be necessary for the proper performance of the council's
         duties hereunder.  The superior court shall have the jurisdiction
         in equity to enforce the provisions of this chapter and any
         rule or regulation or order made by the council in conformity
         therewith.  Proceedings under this section shall follow the
         course of equity and shall be instituted, and prosecuted in
         the name of the chairman and council by the attorney general,
         but only upon the request of the chairman, at the direction of
         the council.

    c)   Any person in violation of an order of the council shall be
         guilty of a misdemeanor and upon conviction thereof shall be
         fined not more than three hundred dollars ($300) or shall be
         imprisoned for not exceeding three (3) months, or both so
         fined and imprisoned for each such offense; and each day such
         violation, omission, failure or refusal continues shall be
         deemed a separate offense.

    d)   The chairman or vice chairman of the council is hereby empowered
         to apply to any court of competent jurisdiction for an injunction
         to prevent the unlawful posting or blocking of any tidal water
         public right of way.

                                           266

                46-23-9. Subpoena. The Council is hereby authorized and empowered
           to summon witnesses and issue subpoenas.

                46-23-13. Application and hearing fees. The council shall be
          authorized to establish reasonable fees for applications and hearings.

               46-23-14. Expert testimony. The council shall be authorized to
          engage its own expert and outside consultants and the council shall be
          empowered to use such testimony in making its decision.

     To enable the Council to implement its mandated responsibilities as the
     state's "principal mechanism" for management of the resources of the coastal
     region the legislature vested it with requisite regulatory and permitting
     authorities to achieve this goal.

      At the state level, the Council has clear and final regulatory and permitting
      authority over all uses and activities within, above or beneath the tidal
      waters of the state. Specific legislative burdens of proof for applicants
      proposing developments or operations within this area are set forth. These
      broadly defined burdens are incorporated into th& Coastal Resources Manage-
     ment Program through the more specific burdens and considerations contained
      in Council Policies and Regulations.

     The legislature further charged the Council to plan for and manage the
     resources of the entire coastal region and uses and activities which impact
     those resources. It identified six types of use, activity and natural re-
     source (see 46-23-6 B (a)-(f), above) over which the Council was charged to
     implement its management responsibilities through regulations and permits.
     These were found to be of such immediate and vital importance to effective
     coastal management that direct Council control was necessary wherever there
     existed a reasonable probability of conflict with Council Management Policies
     pertaining to the coastal region or of damage to its environment. Upon
     finding such a reasonable probability the council is authorized and directed
     to modify, set conditions for or reject the proposal in question.

    1.5   Coordinating Responsibilities:

     Coordinating relationships between the Council as the state's principal
     coastal management agency and other units and levels of government are set
     forth under sections 46-23-6 and 10 of the General Laws:

              46-23-6 A (f). (The Council shall) carry out these (its) management
         programs through implementing authority and coordination of state,
         federal, local and private activities.

                                        267

              46-23-6 C.  Coordination.  The council shall have the following
         coordinating powers and duties:

             a)   Functioning as a binding arbitrator in any matter of dispute
                   involving both the resources of the state's coastal region and
                   the interests of two (2) or more municipalities or state
                  agencies.

              b)   Consulting and coordinating actions with local, state, regional
                  and federal agencies and private interests.

              c)   Conducting or sponsoring coastal research.

              d)   Advising the governor, the general assembly, and the public on
                   coastal matters.

              46-23-10.  Cooperation of departments.  All other departments and
        agencies and bodies of state government are hereby authorized and
        directed to cooperate with and furnish such information as the council
         shall require.

    To ensure full and effective implementation of resources management plans and
    programs for the entire coastal region the legislature empowered and directed
    the Council to coordinate the activities of state, regional, federal and
    local agencies as these relate to and affect coastal resources (see 46-23-6
    (A), (f) as referenced above). To enable the Council to implement this
    responsibility in an effective and expeditious manner the legislature has
    further directed all other departments, agencies and bodies of state government
    to cooperate with the Council. The clear intent implicit in these related
    charges is to insure the coordinated and consistent planning for and management
    of the resources of the state's coastal region cited by the legislature as
    the principal objective of coastal management in Rhode Island through the
    vehicle of a lead management agency (the Council) with whose duely promulgated
    plans and policies all agencies of state government are mandated to cooperate.
    Cooperation, to be effective in the manner envisioned by the legislature,
    therefore, requires these other agencies to exercise their respective planning,
    regulatory, permitting and/or management functions in a manner consistent
    with Council Policies and Regulations as set forth in the Coastal Resources
    Management Program.

    To ensure such consistency and to achieve the legislature's goal of "com-
    prehensive and coordinated long range planning and management" the Council
    has sought and received as is indicated in its Findings the voluntary
    cooperation and advice of its sister agencies during its five years of
    existence.  It has further established, again as described in Findings,
    procedures for Council review of agency actions in or affecting the coastal

                                   268

    region for consistency with the Coastal Resources Management Program.
    Such actions include relevent developments, plans, regulations, permits
    and management programs. In the event that the above review reveals an
    inconsistent action or proposed action or a disagreement between two or
    more state and/or local agencies affecting the state's coastal resources
    the Council is charged by specific legislative mandate under its coordinating
    and binding arbitration powers to direct the involved agency or agencies
    to correct the inconsistency or to resolve the disagreement in a manner
    consistent with adopted'Management Policies.

    The Council is authorized by the legislature to initiate consulting and
    coordinating actions with local government and charged to coordinate the
    activities of local government in or affecting the coastal region and its
    resources. It is further charged to consider public plans among the other
    factors enumerated under 46-23-6(A) in developing coastal resources manage-
    ment plans and programs. The Council has found that the majority of
    actions undertaken by local governments pursuant to presently adopted
    comprehensive plans and zoning ordinances are of purely local concern and
    do not conflict with Policies and Regulations set forth in the Coastal
    Resources Management Program. However, the Council further finds that
    certain local actions and land use decisions by their nature, size or
    consequences are, or may be, of more than local significance for purposes
    of the comprehensive and coordinated long range management of coastal
    resources. In enacting Title 46, Chapter 23 the legislature set forth
    clear standards for identifying such actions.  They:

         a) are inconsistent -with water quality standards set by the Depart-
            ment of Health; or

         b) are inconsistent with the State Guide Plan; or

         c) involve tidal waters below the mean high water mark or any of the
            six specific land uses or areas identified under 46-23-6 B (a) -
            (f); or

         d) conflict with plans or programs for management of coastal resour-
            ces; or

         e) make an area unsuitable for uses or activities to which it is
            allocated by such a plan or program; or

         f) cause significant damage to the environment of the coastal region.

    Where a reasonable probability exists that any of the above consequences
    will result the legislature has provided for intervening and overriding
    state action in any of the following forms:

         a) Council permitting actions under 46-23-6 B and D;

                                    269

          b) regulatory, permitting or management actions by other state
             agencies directed by legislative mandate to exercise these
             actions consistently with Council plans and programs for coastal
             resources management;

          c).mandatory municipal conformity with applicable state plans or
             elements thereof as contained in the State Guide Plan (Title 45,
             Chapter 22).

    1.6.   Administration of Grants:

     Grant and gift administering authorities, the final area of Council res-
     ponsibility prescribed by legislative action, are as follows:

               46-23-8.  Gifts, grants and donations.  The council is authorized
          to receive any gifts, grants or donations made for any of the purposes
          of its program, and to disburse and administer the same in accordance
          with the terms thereof.

               46-23-15.  Federal  and interstate relations.  The council is
          authorized to accept any federal grants. It is further given the
          power to administer land and water use regulations and to acquire fee
          simple and less than fee simple interests under any federal or state
          program. The council (is) authorized to coordinate and cooperate
          with other states in furtherance of its purposes.  The council may
          expend such grants and appropriations.

                                  270

      2.                  RELEVANT CONSTITUTIONAL PROVISIONS AND
      JUDICIAL D)ECISIONS RELATING TO COASTAL ZONE MANAGEMENT PROGRAM
                             IN RHODE ISLAND

        The State of Rhode Island has long since constitutionally
    guaranteed its citizens use and enjoyment of the shore. This
    is expressed in Article I, Section 17 of the Rhode
    Island Constitution.  On November 3, 1970 the General Assembly
    adopted Article 37 of the Rhode Island Constitution which
    expanded public rights to the shore and the state's other
    natural resources:

         ARTICLE XXXVII - CONSERVATION

         SECTION.
         1. Preservation of natural resources

             �1. Preservation of Natural Resources -
         Article I, � 17 of the state constitution is hereby
         amended by striking out this said section as it now
         appears and inserting in place thereof the following
         new section:

             "fl7.  The people shall continue to enjoy and
         freely exercise all the rights of fishery, and the
         privileges of the shrre, to which they have been
         heretofore entitled under the charter and usages of
         this state; and they shall be sec-'red in their
         rights to the use and enjoyment of the natural
         resources of the state with due regard for the
         preservation of their values; and it shall be the
         duty of the general assemblly to provide for the
         conservation of the air, land, water, plant, animal,
        mineral and other natural resources of the state,
         and to adopt all means necessary and proper by law
         to protect the natural environment of the people of
         the state by providing-adequate resources planning
         for the control and regulation of the use of the
         natural resources of the state and for the preserva-
         tion, regeneration and restoration of the natural
         environment of the state."

    Constituti'onality of the Rhode Island Coastal Resources Manage-
    ment Program: Article 37 demonstrated an enhanced awareness of
    and concern for the preservation and conservation of the state's
    natural resources. This awareness and the expanded legislative
    responsibilities entailed in Article 37 subsequently reflected
    themselves in the 1971 creation of the Coastal Resources Manage-
    ment Council as the principal mechanism for comprehensive and

                                  271

    coordinated long range planning and management of the State's
    coastal resources.  The Coastal Resources Management Council
    Act (46-23, G.L.R.I.) has been:held to be constitutional by the
    Superior Court of the State of Rhode Island (Nancy B. Filmore vs.
    John Lyons, et al., Providence Superior Court C.A. No. 73-2373,
    Decision by Bulman, J. dated June 5, 1974, citing decision by
    Carralas, J., Nancy B. Filmore vs. John Lyons).

         The State Supreme Court as the highest judicial authority
    within the State of Rhode Island has yet to issue any decision
    involving the Coastal Resources Management Council although a
    case is now pending (East Greenwich..Yacht Club vs. Coastal
    Resources Management Council, 75-190 MP; 75-280 MP).  This matter
    was heard on oral arguments on March 7, 1977 and is presently
    awaiting decision.. However, substantive issues of constitution-
    ality, legislative delegation and authority of the Coastal Resources
    Management Council were not briefed nor were they raised before
    the Court, the issue rather involving Council procedures.

         Since the Supreme Court has not addressed itself to the
    Coastal Resources Management Council's enabling legislation, one
    must look to Superior Court rulings on substantive issues con-
    cerning the Coastal Resources Management Council and related
    statutes.  The case of J.M. Mills, Inc. vs. Dennis Murphy, Director
    of the Department of Natural Resources,   __RI            (1976);
    352 A.2nd 661, specifically upheld the Rhode Island Fresh Water
    Wetlands Act as a valid delegation of Legislative Power not in
    violation of the Rhode Island Constitution nor in violation of the
    'equal protection and due process clause of the 14th Amendment
    to the U.S. Constitution.

         The dicta in the Mills case also alludes to proper delegation
    by the Legislature for regulation of salt water wetlands; an
    authority specifically vested in the Coastal Resources Management
    Council (46-23-B, G.L.R.I.). The Court, in addressing the
    Coastal Wetlands Act, which is the forerunner of the Coastal
    Resources Management Council's enabling legislation, specifically
    stated that:
              "The Coastal Wetlands Act envisions affirmative
        action on the part of the Department of Natural Resources
        to the end of establishing a state wide plan for protec-
        tion of wetlands...the difference (between the Coastal
        Wetlands Act and the Fresh Water Wetlands Act)3 overall
        approach is susceptible to a variety of reasonable explana-
        tions; the greater development pressures on coastal
        wetlands suggest a need for immediate State action where
        the situation regarding fresh water wetlands might facili-
        tate centralized action while almost exclusively private
        ownership of fresh water wetlands would tend to hinder
        such an approach; the probable interdependence and inter-
        action of coastal wetlands could necessitate unitary
        State action while the more random pattern of fresh water
        wetlands might thwart such an attempt.:  Mills vs. Murphy,
        (Supra) at page 668.

                                 272

         Further, Mr. Justice Kelleher in his partial dissent and
    partial concurrence specifically state in the Mills case, "It is
    obvious that (the Freshwater Wetlands Act) is a manifestation of
    the General Assembly's concern for a property owner whose
    interest must give way to the public interest and the preserva-
    tion of the environment" (Mills (Supra) at 674).

         In a Superior Court case entitled Charles Trefes vs.
    Edward Hayes, Director of the Department of Natural Resources,
    C.A. No. 72-1610, dealing directly with the Intertidal Salt Marsh
    Act (11-46 .1-1 G.L.R.I.) which is a direct predecessor to a por-
    tion of the Coastal Resources Management Act, the court specifi-
    cally stated,
              "The General Assembly has declared in Title 11,
         Chapter 46.1-1 that salt marshes are necessary to
         both finfish and shellfish to flourish if the
         constitutional right of fishery is to be enjoyed by
         our people. To give effect to this constitutional
         right, it is within the police power of the state
         to regulate the filling of such marshes and to pre-
         scribe a penalty for the violation of such regula-
         tions. (Citing, J.M. Mills, Inc. vs. Murphy, 352 A.
         2d 661 (1976)) ... It is the opinion of the Court
         that the legislature, notwithstanding the delegation
         of any other power or duty to the defendent, may
         properly provide a penalty for an unpermitted fil-
         ling of an intertidal salt marsh so long as the land-
         owner's rights of due process are in some fashion
         preserved." Decision - Trefes vs. Hayes, C.A. No.
         72-1610, Giannini, J. Page 4.

         The Council has promulgated specific regulations dealing
    with intertidal salt marshes which require permits prior to and
    set standards for alteration thereof.  These regulations will con-
    tinue and be modified to apply to all coastal wetlands as of
    July 1, 1977.

    The Taking Issue: The Council in promulgating various regulations
    pertaining to areas under its direct regulatory control has often
    been faced with "the taking issue." Our Supreme Court has stated
    in an analogous case involving pollutants being introduced into
    public waters that:

              "Eminant domain applies only to a taking and not
         a regulation with use of private property. There is
         sometimes a nice distinction between the two but in
         this instance the distinction is plain. There is not
         taking of private property involved. The right to
         pollute public waters and endanger public health can-
         not be acquired as a private property right. Neither
         a town nor an individual can acquire prescriptive
         right to endanger public health by discharging sewage
         into public waters ... (The law prohibiting pollution
         of public waters) relates to the exercise of police
         power and neither a municipal corporation nor an
         individual can validly protest that the carrying of

                                273

         the act into effect imposes a greater cost upon it or
         him than upon someone else, if the act can be fairly
         considered to be in protection of the public health
         and welfare."  Board of Purification of Water vs.
         East Providence, 47 R.I. 431 at 435.

         In light of the reasoning in the East Providence case as
    well as in light of decisions in sister jurisdictions, the Council
    in promulgating regulations has actively and emphatically weighed
    all relevant issues. Where finding.that an activity subject to
    these regulations could harm the public and need therefore exists
    to restrain the injurious private action, then and only then has
    the Council sought to prohibit this action.  See Sibson vs.
    New HamDshire,.   :  NH          (1975); 336 A.2d 339 which specifi-
    cally states, "An owner of land has no absolute and unlimited
    right to change the essential, natural character of his land so
    as to use it for a purpose for which it was unsuited in its
    natural stand and which it injures the rights of others." Also
    see Just vs. Marinette County, 56 Wisconsin 2nd 7, 201 Northwest
    2nd, 7 61 (1972);.Candlestick Property, Inc. vs. San Francisco
    Bay Conservation Development Commission, 11 Cal. App. 34d:, 557,
    89 Cal. Reporter 38; (1970).

         In the case of Sherman vs. The Coastal Resources Management
    Council, Superior Court C.A. No. 72-1890, Mr. Justice Lagueux in
    his decision of remand back to the Coastal Resources Management
    Council has in dicta stated that the Council in applying original
    barrier beach regulations dated 1972 retroactively to plaintiff's
    land denied the plaintiff the right to construct a summer home and
    was in effect taking for public purpose without just compensation.
    The Superior Court Justice went  on to state that an inverse con-
    demnation problem existed in this case in that there was a showing
    made by the owner that he was deprived of all reasonable, bene-
    ficial use of the property by application of the regulation.  This
    case has not been appealed to the Supreme Court by the Council
    for the reason that the regulation addressed by the Superior Court
    Judge in that decision was extensively revised, rewritten and duly
    adopted by the Council some months prior to the decision in the
    Sherman case.  The Barrier Beach Regulations presently in force
    for developed beaches do not flatly prohibit building but they
    specifically set forth certain areas of these very fragile com-
    plexes upon which building will be prohibited.  Further, these
    revised regulations are based on Findings of Fact that indicate
    specific harm to the general public which would result if pro-
    hibited alterations were permitted.  These revised barrier beach
    regulations have not been addressed by any court of law. The
    Council, however, feels confident that they will be upheld if
    challenged.

                                   274

    Seaward Jurisdiction: As was previously set forth, the Council's
    jurisdiction over water areas extends from the mean high water
    mark seaward to the limits of the territorial sea. It is well
    settled law in the State of Rhode Island that the State holds
    legal fee to all lands below mean high water mark at common law
    (Allen vs. Allen, 19 RI 114; Ings vs. Peckham, 11 RI 210;
    Brown vs. Godder, 13 RI 76; Nugent vs. Valone, 91 RI 145). This
    right of the State is held by virtue of its sovereignty in trust
    for all the inhabitants. The public rights secured by this trust
    are the rights of passage of navigation and of fishery to extend
    to all land below high water unless the land has been so used,
    built upon or occupied as to prevent-passage of boats in a
    natural ebb and flow of tide. This area of law clearly sets
    forth the State's right to regulate the water area over which the
    Council has direct regulatory jurisdiction.

    Other Relevant Legal Actions: Of the remaining court cases which
    are pending or have been decided by the Superior Court of the
    State, none address substantive issues dealing with constitutional
    provisions, Council authority or delegation of authority set
    forth in the enabling legislation of the Council. Of the thirty
    (30) or so cases which have been before the Superior Court of the
    State of Rhode Island involving the Coastal Resources Management
    Council since the Council's inception approximately seven (7)
    have been remanded to the Council for procedural defects. The
    majority of these cases remanded dealt with specific decisions
    on applications rendered by the Council which were not supported
    by the requisite probative evidence required under the Rhode
    Island Administrative Procedures Act. These-cases were remanded
    back to the Council for further findings. The remaining cases
    have either been dismissed voluntarily by agreement of the parties
    or are still pending in the courts of this State. Approximately
    seven to ten of the voluntarily dismissed cases were voluntarily
    remanded back to the Council by agreement of the parties in that
    new regulations had been adopted by the Council which would sub-
    stantively effect the prior decisions on appeal.

    Summary: There is little law on point dealing directly with the
    Council's enabling legislation. However, there exists sufficient
    law on analagous legislation both in Rhode Island and sister
    jurisdictions to give the Council guidance in its rule making
    process. Although some early Council decisions led the courts
    to find procedural faults in the handling of individual applica-
    tions, these procedures have been extensively revised and
    reviewed in light of these decisions (see Procedures in Appendix B
    of this document).  Several court decisions further relate to
    the fact that the Council in its early days of operation enforced
    regulations absent of an overall management plan or program as
    required by its enabling legislation.  Such plans and programs
    have now been promulgated by the Council as required by State law
    and are the subject matter of Federal approval under Section 306
    of the Coastal Zone Management Act of 1972. These plans and pro-
    grams (see Chapters 1-6) set forth the basis upon which individual
    Council decisions will be made for review both by interested
    citizens or reviewing courts.

                                  275

                  APPENDIX B:  MANAGEMENT PROCEDURES

         Procedures for processing applications for Council permits

    are set forth in this Appendix. The path of an application

    from the time of submission to the time of Council action is

    illustrated in Figure B-I.  The application process can be expected

    to take about 45 days if the case is uncontested. Contested cases

    will take longer, the amount of time being proportional to the

    complexity of the case.

        All staff reports and comments on any permit application are

    part of the public record and as such may be reviewed by any

    interested party.  The Council's staff,  (the Division of Coastal

    Resources, Department of Environmental Management) assists poten-

    tial applicants in the preparation of their application when pos-

    sible and appropriate.

                                                                276

                                                            Figure  B-1

                                       CRMC PERMIT APPLICATION PROCEDURES

                                            Permit Application Filed
                                                (page B-3(3.2))

    Municipal Officials (                         Publi'c Notice of      IStatewide Planning Procram
     Interested Groups o.r  Pending Application                                                 Dept.  of Environmental ranagement
      Individuals                             (page B-4(4.1(1)(2)(3))                            - Div. of Fish & Wildlife
     interested Federal                                                                          - Div. of Planning & Development
                                                                                            R.l. Historic Preservation Commissior

    Statewide Planning Program                 30 day review period                             ept. of Environmental Management
     - consistency with State                  (page 8-4(4)(5)(6))                              - Dlv. of Coastal Resources staff
       1ulde Plan                                                                                 reports
    Comments from interested                                                                    - Div. of F-ish & Wildlife biologist
     parties                                                                                       reports
     - federal agencies                                                                         - Dept. of Health Divisions: certi-
     - state agencies                                                                              fication of water quality s:andared
     - municipal officials                                                                     Site visit by
     - private groups/                                                                          - Dept. of Environmental Management
       individuals                                                                                biologist & engineer
                                                                                            - Council member

                         objection and/or                                  no objection
                         request for hearing

              Contested Case
               (page B-5(4.2))

    �ublic Hearing before Ccuncil Subcommittee                                     all comments and staff reports
                 (Cage  '5(4.3))                                                      reviewed by full CouJncil
                                       1t~~~~~~~~ :                        KI~~~~page  -"4"4.;(~))-)

    Public Hearing Record and Subcommittee                                         submission of new evidence where
      recommendation submitted to the                                                         applicable
                full Council

                                        Council decides on application

                                           notice of decision sent

                                  i parties entitled to Judicial Review
                                                (page B-9(10))

                                        277

    1.  Definitions

        1.1  Agency:   includes boards, commissions, departments or officers
            thereof other than the legislature or the courts authorized by-law
            to make rules, determine contested cases or issue permits.

        1.2  Contested case:,  means a proceeding in which the legal rights, duties
            or privileges of a specific party are required to be determined by
            the Council after an opportunity for hearing.  A proceeding before
            the Council shall be considered contested when a formal written
            objection and/or request for hearing is received by the Council
            from any interested party.  Further,' a proceeding shall be
            considered contested upon request for hearing by any member of
            the Council.

        1.3  License:   includes the whole or part of any agency permit, certificate,
            approval, registration, charter or similar form of permission required
             by law, but it does not include a license required solely for revenue
             purposes.

        1.4  Licensing:   includes the agency process respecting the grant, denial,
             renewal, renovation, suspension, annulment, withdrawal or amendment
            of a license.

        1.5  Parties:  A person, agency or organization is a party to a proceeding
             before the Council if:

             (1)  he or it is entitled to the status .of a party under 42-35-1
                 .of the General Laws or any other provision of law; or

             (2)  upon application for leave to intervene, he or it is allowed to
                  do so by the Council on the ground that

                  (a)  such applicant is entitled by law to the status of a party; or
                  (b)  such applicant could have been a complainant in such
                       proceeding; or
                  (c)  such applicant has a complaint or a defense which has a
                       question of law or fact in common with the main proceeding;
                       provided that an application by an applicant described in
                       (2) or (3) shall be subject to the discretion of the Council.

        1.6  Person:  means any individual, partnership, corporation,association,
             governmental subdivision, or public or private organization of any
             character other than an agency.

        1.7 Rule:  means each agency statement of general applicability that
             implements, interprets, or prescribes law or policy or describes the
             organization, procedure, or practice requirements of any agency.  The
            Aterm includes the amendment or repeal of a prior rule, but does not
              include! (1) statements concerning only the internal management of an
             0  agency and not affecting private rights or procedures available to the
             public, or (2) declaratory  rulings issued pursuant to 42-35-8, or (3)
             intra-agency memoranda,

                                        278

        1.8 Council: means the Rhode Island Coastal Resources Management Council
            or, when the context permits, to individual members, subcommittees,
             its staff, agents or employees.

        1.9  Council Office:  refers to the officesof the Council at the Division
             of Coastal Resources, Department of Natural Resources, 83 Park Street,
             Providence, Rhode Island or any such address as may from time to
             time be the location of the principal office of the Council.

       1.10  Council meeting: means any meeting of the full Council or a subcommittee.

       1.11  Priority of Use:  as used in the Council shall reflect the Council's
             assessment of those uses deemed most likely to be consistent with
             adopted Council Policies and Regulations. However, all applications
             shall be reviewed on their individual merits and designation as a high
             priority use shall not in any manner relieve an applicant for such a
             use or activity of any burden of proof set forth under applicable
             Council Policies and Regulations.

    2.  Meetings

            The Council shall meet on the second Tuesday of each month or at the
       call of the Chairman or Vice-Chairman. A quorum consists of nine members.
       A majority vote of those present is required for action. The Council is
        divided into subcommittees with varying functions as approved by the
        Council and as set out by the Council in authorizing such subcommittees.
       All meetings of the Council shall be open to the public and the public
       shall have a reasonable opportunity to be heard.
            The Council shall have subcommittees for hearings as appointed by
        the chairman.

    3. Application for Council Permits

        3.1 Proposed actions requiring a Council permit:

             (1)  All developments or operations within, above or beneath tidal
                 waters below the mean high water mark extending out to the extent
                 of the state's jurisdiction in the territorial sea.

             (2) The design, location, construction alteration of:

                  (a) Power generating and desalination plants;
                  (b) Chemical or petroleum processing, transfer or storage
                       facilities;
                  (c) Minerals extraction facilities;
                  (d) Shoreline protection facilities;
                  (e) Sewage treatment and disposal (see Page 131). and solid waste disposal
                       facilities whether residential, municipal or industrial;

                 where the Council finds a reasonable probability of conflict
                 with adopted Management Regulations and Policies or damage to
                  the coastal environment.

             (3)  Alteration of shoreline-physiographical features or coastal
                 wetlands and all directly associated contiguous areas thereto
                 necessary to preserve the integrity of said wetland.

                                      279

    3.2  Information requirements, application forms and fees:

         (1)  Application forms (CRMC 8-1/74) may be obtained from the
              Coastal Resources Division, 83 Park Street, Providence,
              Rhode Island 02903 or by calling (401) 277-2476.

         (2)  An application checklist/instruction sheet will be
              forwarded to each applicant together with required forms.

         (3)  Applicants must complete two  (2) forms and return them
              together with a $35.00 processing fee to the Coastal
              Resources Di:vision.

         (4)  Applicants shall be required to obtain and certify that they
              have in their possession current approvals from municipal
              bodies which are otherwise required for the proposed
              action.  Municipal approval shall be construed to mean
              compliance and conformity-iWith all applicable comprehensive
              plans and zoning ordinances and/or the necessary variance,
              exception or other special relief therefrom.

              Applicants shall further be required to obtain and certify
              that they have in their possession current approvals from all
              other agencies os state government which are otherwise
              required for the proposed action.

              The above required municipal and state approvals shall be
              construed as a prerequisite for any application before the
              Council.  The Council may, in its sole discretion, wave any
              of the required approvals for good cause or in the event the
              proposal is of more than purely local concern.

                                        280

    4.   Notification and Review of Permit Applications

    4.1  Notification

         (1)  Upon receipt of complete applications including necessary plans
             and attachments thereto which meet all the prerequisites of the
              Council as set forth herein, the Council shall cause to place
              public notice of the pendency of said application and a brief
              description of the proposed activity.

         (2)  Public notice shall be sent to appropriate municipal agencies in the
             .area or areas so affected by-the activity, appropriate quasi-
             -municipal and state agencies which may be affected by the proposed
             activity, appropriate citizen interest groups, as well as state
             and local officials in the area or areas of the proposed activity.

         (3)  It further shall be the policy of this Council that anyone interested
             �in receiving notice of the pendency of any application or matter
              pending before this Council which would be the subject matter of
              this notification procedure, request to the Council in writing his
             desire to receive such notification. This request may address itself
              to receipt of notification of a single application, a group of
             applications affecting an area or subject matter or a.general
              request of notifications of all applications and/or matters subject
              to notification procedure, pending before the Council.

         (4) The date of this notification shall commence a thirty (30) day
             comment period whereby comments concerning the application shall
             be received by the Council.

         (5) In the event that during this thirty (30) day period formal
             written objection and/or request for hearing is received by the
             Coastal Resources Management Council from an interested party and
             said formal written objection and/or request for hearing is sub-
             stantiated by genuine and material reason therefore, the matter
             shall then.become a contested case under the rules and regulations
             of this Council.

         (6)- Upon the expiration of the thirty (30) day period, the Council
             shall consider the application including staff reports and
              recommendations thereon, reports and recommendations from other
             state and local agencies thereon,and comments thereon.

         (7) The Council shall further investigate and review the site of the
             proposed activity through one or more of its own members.

         (8) Thereafter, before a meeting of the Council, the application shall
             be considered and acted upon.

                                                                                       0

                                       281

    4.2  Contested Cases

         (1)  In the event an application or matter pending before this Council
              becomes a contested case as defined herein, the Council shall then
              schedule a public hearing before a duly authorized and appointed
              Sub-Committee on the matter.

         (2) Notice of this public hearing shall be in conformity with Title 42
              Chapter 35 of the General Laws of the State of Rhode Island to
              insure all parties be afforded an opportunity to be heard.

    4.3  Hearings

         (1)  Hearings required or permitted shall be conducted in accordance with
             appropriate rules of law and these rules and regulations. �Hearings
             may be before a duly appointed subcommittee or before the Council
              as a whole, as designated by the Chairman in his sole discretion.

         (2)  In the case of hearings before a duly appointed subcommittee, the
              full hearing shall be before such subcommittee.  A'record shall be
              kept as provided herein.  The subcommittee shall then report its
              recommendations to the full Council.  The record shall be available
              to the full Council and all parties of record.  After the subcommittee
              recommendation is formally submitted to the full Council, parties may
              request to be heard before the full Council.  Said requests shall
              be in writing at least seven (7) days prior to the full Council
              meeting, setting forth the reason why the interested party feels
              they should be heard before the Council and a brief description of the
              type of evidence and/or matters'to be covered by the interested party.

         (3)  Upon hearing all of the facts and reviewing the record in its
              entirety, the Council shall render its decision in accordance
              with Chapter 42-35 of the General Laws.

         (4)  In any contested case, all parties shall be served with such notice
              as may be provided for by law, or, in the absence of such provision,
              as may be ordered by the Council.

         (5)- In the event formal withdrawal of pending written objection(s) to a
              contested matter is received and/or requested by the objector and/or
              interested party or representive, it shall be within the sole discretion
              of the Council to withdraw the matter as a contested case.

    4.4  Pleadings

         (1)  Forms.   All pleadings (including complaints, answers, motions and
              petitions) shall be on white paper, 8 1/2" x 11" in size.

         (2) 'Filing.  Whenever a pleading or other document or paper is required
              to be filed  with the Council, it shall be filed in quadruplicate.

         (3)  Pleading.  Any person (including the Council) filing a pleading
              complaint or other document shall adhere to the following form
              for such purpose:

                                   282

              At the top of the page shall appear the wording "Before the
         Rhode Island Coastal Resources Management Council." On the left
         side of the page below the foregoing shall be set out:  "In the
         Matter of (name of applicant)." Opposite the foregoing shall
         appear the type of pl-eading offered or other properly labeled title.

              The body of the pleading or other document shall be set out
         in numbered paragraphs which (1.) identify the parties by name and
         address and (2) concisely state the facts which form the basis for
         the pleading or other pleading or documentation.

              All pleadings (except those filed by and in the name of the
         Council) shall be in writing and sworn to.

              Upon the filing of an application and/or complaintthe Council,
         if it has not already done so, shall assign a file number or docket
         number to the proceeding and shall enter said number on the original
         of the pleading.

    4.5  Consolidation; Separate Hearings

         (1) When matters involving a common question of law or fact are
              pending before the Council, it may order a joint hearing of
              any or all the matters at issue in the proceedings; it-may order
              all the-proceedings consolidated; and it may make such orders
              concerning proceedings therein as may tend to avoid unnecessary
              costs or delay.

         (2) The Council, in furtherance of convenience or to avoid pre-
             judice, may order a separate hearing of any matters or allegation
             against any person or of any separate issue.

    4.6 Prehearing Conference Rule

         (1) In any proceeding the Council upon its own motion, or upon the
             motion of one of the parties or their qualified representatives,
             may in its discretion direct the parties or their qualified
              representatives to appear at a specified time and place for a
             conference to consider:
                   (a) the simplification of the issues;
                   (b) the necessity of amendments to the pleadings;
                   (c). the possibility of obtaining stipulations, admissions
                       of facts and of documents;
                   (d) the limitation of the number of expert witnesses;
                   (e) such other matters as may aid in the disposition of
                       the proceedings.

        (2)  The Council shall make an order or'statement which recites the
             action taken at the conference, the amendments allowed to the
             pleadings or application and the agreements made by the parties
             or their qualified representatives as to any of the matters
             considered, including the settlement or simplification of
             issues, and which limits the issues for hearing to those not
             disposed of by admissions or agreements; and such order or
             statement shall control the subsequent course of the proceeding
             unless modified for good cause by subsequent order.

                                  283

    4.7  Submissionof Documentary Evidence in Advance

         When practicable the Council may require:

         (1)  That all documentary evidence which is to be offered during
              taking of evidence be submitted to the Council and to the
              other parties to the proceeding sufficiently in advance of
              such taking of evidence to permit study and preparation of
              cross-examination and rebuttal evidence.

         (2)  That documentary evidence not submitted in advance, as may
              be required by subdivision (1), may not be received in
              evidence in the absence of a clear showing that the offering
              party had good cause for his failure to produce the evidence
              sooner.

         (3)  That the authenticity of all documents submitted in advance
              in a proceeding in which such submission is required, be deemed
              admitted unless objection thereto is filed prior to or at the
              time of the hearing, except that a party will be permitted to
              challenge such authenticity at a later time upon a clear
              showing of good cause for failure to have filed such objection.

    4.8  Excerpts from Documentary Evidence

              When portions only of a document are to be relied upon, the
         offering party shall prepare the pertinent excerpts, adequately
         identified and shall supply copies of such excerpts, together
         with a statement indicating the purpose for which such materials
         will be offered, to the Council and to the other parties. Only
         the excerpts, so prepared and submitted, shall be received in the
         record.  However, the whole of the original document shall be made
         available for examination and for use by all parties to the proceeding.

    4.9  Continuances

              Any party who desires a continuance shall, immediately upon
         receipt of notice of a hearing, or as soon thereafter as facts
         required such continuance come to his knowledge, notify the Council
         of said desire, stating in detail the reasons why such continuance
         is necessary.  The Council in passing upon a request for continuance
         shall consider whether such request was promptly and timely made.
         For good cause shown, the Council may grant such a continuance and
         may at any time order a continuance upon its own motion.  During a
         hearing, if it appears in the public interest or in the interest of
         justice that further testimony or angument should be received, the
         Council may in its discretion continue the hearing and fix the date
         for introduction of additional evidence or presentation of argument.
         Such oral notice shall constitute final' notice of such continued
         hearing.

                                        284

         4.10  Rules of Evidence

               (1) Subject to the provisions of law and to the other provisions
                    of these rules, all relevant evidence is admissible which,
                    in the opinion of the Council, is the best evidence reasonably
                    obtainable, having due regard for its necessity, availability
                    and trustworthiness.  In passing upon the admissibility of
                    evidence, the.-Council shall give consideration to, but
                    (except to the extent required by law) shall not be bound
                    to follow, the rules of evidence governing civil proceedings,
                    in matters not involving trial by jury, in the Superior Court
                    of the State of Rhode Island.

               (2)  When objection is made to the admissibility of evidence,
                    such evidence may be received subject to a later ruling.
                    The Council may in its discretion, either with or without
                    objection, exclude inadmissible evidence or order cumulative
                    evidence discontinued.  Parties objecting to the introduction
                    of evidence shall state the precise grounds of such objection
                    at the time such evidence is offered.

         4.11 Reopening of Hearing

                    At any time after a hearing has been closed but prior to filing
               of decision, the Council may, on its own initiative or upon motion
               by any party, reopen the proceeding to receive further evidence and/or
               to hear further agrument.

         4.12  Transcripts

                    Transcripts of testimony shall be available at the Council's
               office for examination by any party to the proceeding until
               expiration of the time during which any appeal or petition for
               judicial review authorized by law may be filed.  Thereafter such
               a transcript shall not be available for examination by any person except
               with the approval of the members of the Council after notice
               to all parties to such proceeding. If any party files proceedings
               for judicial review, the Council shall, upon request by any party,
               supply to such party a copy or copies of the transcript of the pro-
               ceedings before it at such reasonable charge as the Council shall
               establish.

         4.13 Findings of Fact

                   Any party may, at the conclusion of a hearing or within such
               later time as may be fixed by the Council, submit to the Council
               proposed findings of fact, copies thereof to be served upon each
               party to the proceeding.

    5. Practice Before the Council

         5.1       Any person may appear before the Council in his own behalf.  Any
              person or party who has an interest in any matter before the Council
              may appoint an attorney to represent him before the Council. The
              appointment must be made prior to the Council meeting.

                                       285

        5.2        All persons appearing in proceedings before the Council in
              a representative capacity shall conform to the standards of
              conduct required of attorneys before the courts of Rhode Island.
               If any such person does not conform to such standards, the Council
              may decline to permit such person to appear in a representative
               capacity in any proceeding before the Council.

    6.  Preliminary Investigations

         6.1        Whenever authorized by law, the Council may conduct pre-
               liminary investigations into matters under its jurisdiction.
               Upon the completion of such investigations:

                    (1)  if the Council shall make a determination that a violation
                         probably has not been or is not being engaged in, the
                         Council shall proceed no further;
                    (2)  if the Council shall make a determination that a
                         violation probably has been or is being engaged in,
                         the Council shall proceed as provided by law.

    7.  Final Decisions of the Council

         7.1         Final decisions or orders adverse to a party in a contested
               case shall be in writing and made part of the record.  The final
               decisions shall, include findings of fact and conclusions of law
               separately stated.

         7.2   Findings of Fact

                    If set forth, the statutory language shall be accompanied by
               a concise and explicit statement of the underlying facts supporting
               the findings.  These facts shall be based exclusively upon the
               record and matters officially noticed.  The parties shall be
               notified of the decisions and owners and upon request a copy of
               the decision and order shall be mailed or delivered forthwith to each
               party and to his attorney of record.

    8.  Servi-ce of Process

         8.1   BY Whom Served.  The Council shall cause to be served all orders,
               notices and other papers issued by it, together with any other papers
               which it is required by law to serve.  Every other paper shall be
               served or caused to be served by the party filing it.

         8.2   By Whom Served.  All papers served by either the Council or any party
               shall be served upon all representatives of record at the'time of
               such filing and upon parties not represented by counsel or upon their
               agents designated by them or by law.  Any representative entering an
               appearance subsequent to the initiation of the proceeding shall notify
               all other representatives then of record and all parties not represented
               of such fact.

                                         286

         8.3   Service Upon Parties. The final order, and any other paper required
                to be served by the agency upon a party, shall be served upon such
               party or upon the agent designated by-him or by law to receive
                service of such papers, and a copy shall be furnished to representatives
               of record.

          8.4   Method of Service.  Service of papers shall be made personally or,
                unless otherwise provided by law, by first class registered or
               certified mail, or telegraph.

         8.5   When Service Complete.  Service upon parties shall be regarded
               as complete: by mail, upon deposit in the United States mail
                properly stamped and addressed; by telegraph, when deposited
               withatelegraph company properly addressed and with charges
               prepaid.

          8.6   Filing with Council.  Papers required to be filed with the Council
               shall be deemed filed upon actual receipt by the Council at the
                Council's office.

    9.   Declaratory Rulings

          9.1   Petitions

                    As prescribed by section 42-35-8, G.L. 1956, as amended,any
                interested person may petition the Council for a declaratory ruling.
               Within a reasonable time, and at the discretion of the Council,
                the Council shall:

                (1)  issue a binding declaratory rule; or

                (2) issue a non-binding declaratory ruling; or

                (3)  notify the petitioner and interested parties of record that no
                    declaratory ruling is to be issued.

    10.   Judicial Review of Contested Cases

          10.1       Any person who has exhausted all administrative remedies
               available to him within the agency, and who is aggrieved by a
               final decision in a contested case is entitled to judicial
                review under this chapter. This section does not limit utilization
               of or the scope of judicial review available under other means
               of review, redress, relief, or trial de novo provided by law.
               Any preliminary, procedural, or intermediate agency act or ruling
                is immediately reviewable in any case in which review of the final
               agency decision would not provide an adequate remedy.

          10.2       Proceedings for review are instituted by filing a complaint
                in the superior court of Providence County within thirty (30) days
               after mailing notice of the final decision of the agency or, if
               a rehearing is requested, within thirty (30) days after the decision
               thereon, provided, however, that any person who is aggrieved by
               a final decision concerning the assessment or determination of any
               tax, interest or penalty made by the tax administrator must pay the
               amount of such tax, interest or penalty to said administrator as a
               prerequisite to the filing of suchcomplaint. Copies of the

                                  287

         complaint shall be served upon the agency and all other parties of
         record in the manner prescribed by applicable procedural rules.

    10.3       The filing of the complaint does not itself stay enforcement
         of the agency decision.  The agency may grant, or the reviewing
         court may order,a stay upon appropriate terms.

    10.-4      Within thirty (30) days after the service of the complaint,
         or within further time allowed by the court, the agency shall
         transmit to the reviewing court the original or a certified copy
         of the entire record of the proceeding under review.  By stipulation
         of all parties to the review proceedings, the record may be
         shortened.  Any party unreasonably refusing to stipulate to limit
          the record may be taxed by the court for the additional costs.
         The courts may require or permit subsequent corrections or
         additions to the record.

    10.5        If, before the date set for hearing, application is made to
          the court for leave to present additional evidence, and it is
          shown to the satisfaction of the court that the additional
         evidence is material and that there were good reasons for failure
          to present it in the proceeding before the agency, the court may
         order that the additional evidence be taken before the agency
          upon conditions determined by the court.  The agency may modify
          its findings and decision by reason of the additional evidence
         and shall file that evidence and any modifications, new findings
         or decisions with the reviewing court.

    10. 6      The review shall be conducted by the court without a jury
          and shall be confined to the record.  In cases of alleged irregularities
          in procedure before the agency, not shown in the record, proof
          thereon may be taken in the court.  The court, upon request, shall
          hear oral argument and receive written briefs.

    10.7       The court shall not substitute its judgement for that of the
          agency as to the weight of the evidence on questions of fact. The
          court may affirm the decision of the agency or remand the case for
          further proceedings, or it may reverse or modify the decision if
          substantial rights of the appellant have been prejudiced because
          the administrative findings, inferences, conclusions or decisions are:

          (1)  in violation of constitutional or statutory provisions;
          (2)  in excess of the statutory authority of the agency;
          (3)  made upon unlawful procedure;
          (4)  affected by other error of law;
          (5)  clearly erroneous in view of the reliable, probative, and sub-
               stantial evidence on the whole record; or
          (6)  arbitrary'or capricious or characterized by abuse of discretion
               or clearly unwarranted exercise of discretion.

                                   288

    Adoption of Management Policies

    11.1        Adoption of Management Policies and rule makiing shall be in
           accordance with Title 42 Chapter 35 of the General Laws of the State
           of Rhode Island and further in accordance with the rules and
           regulations and procedures set forth herein.

    11.2        In addition to other rule making requirements imposed by
           law, the Council shall:
           (1)  adopt as a rule a description of its organization, stating
                the general course and method of its operations and
                the methods whereby the public may obtain information or make
                submissions or requests;
          *(2) adopt rules of practice, setting forth the nature and
                requirements of all formal and informal procedures available,
                           �a.
                and including description of all forms and instructions used
                by the agency;
           (3)  make available for public inspection all rules and all other
                written statements of policy or interpretations formulated,
                adopted, or used by the agency in the discharge of its functions;
           (4)  make available for public inspection all final orders, decisions
                and opinions.

     11.3       No Council rule, order, or decision is valid or effective
           against any person or party, nor may it be invoked by the Council
           for any purpose, until it has been made available for public
           inspection as herein required, except that this provision is not
           applicable in favor of any person or partywho has actual know-
           ledge thereof.

     11.4       Prior to the adoption, amendment, or repeal of any rule
           the Council shall:
           (1)  give at least thirty (30) days' notice of its intended action.
                The notice shall include a statement of either the terms or sub-
                stance of the intended action or a description of the subjects
                and issues involved, and of the time when, the place where,
                and the manner in which interested persons may present their
                views thereon. The notice shall be mailed to all persons who
                have made timely request:of the Council for advance notice of
                its rule-making proceedings, and published in a newspaper or
                newspapers having aggregate general circulation throughout
                the state, provided, however, that if said action is limited
                in its applicability to a particular area, then said publication
                may be in a newspaper having general circulation in said area.
           (2)  afford all interested persons reasonable opportunity to submit
                data, views, or agruments, orally or in writing. In case of sub-
                stantive rules, opportunity for oral hearing must be granted if
                requested by twenty-five (25) persons or by a governmental
                subdivision or agency, or by an association having not less
                than twenty-five (25) members. The Council shall consider
                fully all written and oral submissions respecting the pro-
                posed rule.  Upon adoption of a rule, the Council, if
                requested to do so by an interested person, either prior to
                adoption or within thirty (30) days thereafter, shall issue
                a concise statement of the principal reasons for and against
                its adoption, incorporating therein its reasons for overruling
                the considerations urged-against its adoption.

                                 289

    11.5       If the Council finds than an imminent peril to the public
         health, safety or welfare requires adoption of a rule upon less
          than thirty (30) days' notice, and states in writing its reasons
         for that finding, it may proceed without prior notice or hearing
         or upon any abbreviated notice and hearing that it finds
         practicable, to adopt an emergency rule.  The rule so adopted
         may be effective for a period of not longer than one hundred
          twenty (120) days renewable once for a period not exceeding
          ninety (90) days.

    11.6       No rule  hereafter adopted is valid unless adopted in sub-
          stantial compliance with this section, but no contest of any
          rule on the ground of non-compliance with the procedural
          requirements of this section may-be commenced after two (2)
          years from its effective date.

    11.7  Filing and Taking Effect of Rules

          (1) The Council shall: file forthwith in the office of the secretary
               of state a certified copy of each rule adopted by it.  The
               secretary of state shall keep a permanent register of the
               rules open to public inspection.

          (2)  Each rule hereafter adopted is effective twenty (20) days
               after filing, except that:
               (1)  if a later date is required by statute or specified in
                    the rule ,the later date is the effective date;
               (2)  subject to applicable constitutional or statutory pro-
                    visions, an emergency rule may become effective
                    immediately upon filing with the secretary of state, or
                    at a stated date less than twenty (20) days thereafter,
                    if the Council finds that this effective date is
                    necessary because of imminent perils to the public
                    health, safety, or welfare.  The Council's finding
                    and a brief statement of the reasons therefor shall be
                    filed with the rule in the office of the secretary of
                    state.  The Council shall take appropriate measures
                    to make emergency rules known to the persons who. may
                    be affected by them.

     11.8  Petition for Adoption of Rules

                Any interested person may petition the Council requesting
           the promulgation, amendment or repeal of any rule.  The Council
           shall prescribe by rule the form for petitions and the procedure
           for their submission, consideration, and disposition.  Upon
           submission of a petition, the Council within thirty (30) days
           shall either deny the peti:tion in writing (stating its reasons
           for the denials)- or initiate rule-making proceedings.

                                 290

    11.9 Declaratory Judqement on Validity or Applicability of Rules

              The validity or applicability of any rule may be determined
          in an action for declaratory judgement in the superior court of
         Providence County, when it is-alleged that the rule, or its
         threatened application, interferes with or impairs, or threatens
         to interfere with or impair, the legal rights or privileges of the
         plaintiff. The Council shall be made a party to the action.
         A declaratory judgement may be rendered whether or not the
         plaintiff has requested the Council to pass upon the validity
         or applicability of the rule in question.

    11.10 Declaratory Rulincis

              The Council shall provide for the filing and prompt disposition
         of petitions for declaratory rulings as to the applicability of
         any statutory provision or of any rule or order of the agency.
         Rulings disposing of petitions have the same status as Council
         decisions or orders in contested cases.

    ***Consistent Federal Actions has been moved to Appendix C.

                                     291

          APPENDIX C:  HOW RHODE ISLAND ADDRESSES THE REQUIREMENTS OF THE
                        FEDERAL COASTAL ZONE MANAGEMENT ACT

    1. Determination of Use Permissibil:ity and Priorities

      .1.   Federal Requirements:

                Under section 305(b)(2) of the Federal Act the state is obliga-
           ted to develop and apply a procedure for defining permissible land
           and water uses in the coastal zone.  This procedure must be based on
           an inventory and assessment of coastal resources, the environmental
           impacts associated with their use and a definition of direct and
           significant impact on coastal waters.  Permissible uses are to be
            identified from among those uses exercising such direct and signifi-
           cant impacts.  Permissibility may be dealt with in a variety of ways
            idncluding the setting forth of specific policies, performance stan-
           dards, lists or conditions.

                 Under section 305(b)(5) of the Federal Act the state is required
           ;to develop broad policies or guidelines governing relative priorities
           of permissible use.  Such priorities must apply to the entire coastal
            zone, specific resource types and specific geographic areas.  In
            association with determinations of permissibility they are to estab-
            lish the direction and provide the foundation for coastal management
            policies and regulations.  Priorities must reflect state and local
            needs, use impacts, management objectives, consideration of the
            national interest and water dependency.

     1.2    Resource Inventorying and Assessment:

                 Rhode Island's coastal inventory effort involves the compilation
            and evaluation of information on the state's coastal and marine re-
            sources gathered from a number of sources including three universi-
            t ie, state and federal agencies and laboratories. Evaluation of This
            data base began in 1971 and is still underway.  Where existing
            information has been found deficient for management purposes the
            Council has.sponsored needed research projects including evaluation
            of the state's barrier beaches, commercial  fisheries, marine sand and
            gravel deposits, coastal natural areas, and the Bay Islands Park.

                 Rhode Island's coastal ecosystems, including both natural and
            human dominated systems, have been identified.  The sensitivities of
            these to various uses and activities has been assessed as have the
            limitations and/or opportunities each system presents for use.  The
          i  major conclusions of this inventory are reflected in Findings of Fact
            which serve as the basis  for Council Management Regulations and
            Policies.

                                     292

    1.3    Definition of "Direct and Significant Impact":

                 In describing the Council's management responsibilities, the
           General Assembly sets forth three basic criteria for identifying uses
           having direct and significant impacts on the state's coastal resources
           (46-23-6B, G.L.R.I.; see App. A). Such uses meet any or all of the
           following tests:

           (1)  They affect or are affected by (coastal) resource management
                plans or programs;

           (2) They affect the suitability of particular areas for uses or
                activities to which they are allocated by such coastal resources
               management plans or programs;

           (3) They significantly affect the environment of the coastal region.

    I.    State Criteria for Identifying Permissible and Prohibited Uses:

               Under 46-23-6A(e) G.L.R.I. (see App. A) the Council is charged
           to develop management plans and programs on the basis of its inventory
          and assessment efforts. These plans and programs must "identify per-
          mitted uses, locations, protection measures and so forth." Seven
           specific legislative criteria for identifying such uses, locations
          and measures are also set forth under this section.

               The Council's response to the above charge has been to promulgate
           Policies and Regulations. Each area for which these have been adopted
           specifies permissible and prohibited uses or, as is more appropriate
           in many instances, the specific considerations the Council will weigh
           in determining the permissibility of a given use in a particular
          situation. These considerations, or burdens of proof, reflect the
           ten above referenced legislative criteria as interpreted by the
          Council through Findings of Fact.

    1.5    Broad State Priorities for Managing the Coastal Region:

               The General Assembly set forth the underlying priorities for
          managing the coastal region (see App. A). Highest priority is given
          to environmental protection with preservation and restoration of
          ecological systems set forth as the principal objective against which
          environmental alteration of coastal resources "will be measured,
          judged and regulated."  However, the legislature also recognized the
          commercial, industrial and recreational value of the coastal region
          and provided, therefore, that all proposed uses be measured against
          other social priorities including protection of public health, safety
          and economic welfare.

                                      293

               The Coastal Region Priority Use Map (see Foldout Map 1) provides
          a visual bridge between these broad legislative priorities, the State
          Guide Plan and specific Council Policies and Regulations.  The 13
           broad categories of lands and tidal waters indicated on the map
           identify lands which because of the nature or public value of their
           present use are preempted (not available for other activities) and
           broad priorities of use for those lands and waters that remain.  Map
           preparation methodology and techniques are described in greater
           detail in Figure C-1 and Table C-l).

                The map provides an overview of the geographic application of
           Council Policies and Regulations.  In itself, however, it cannot be
           used to determine the permissibility of specific actions in particular
           geographic areas.  Such determinations can only be made on the basis
           of the various standards and criteria, set forth in Council regulations.
           In order to facilitate the readers appreciation of the correlation
           between mapped use categories and specific regulations this relationship
           has been indicated in Table C-2 which also summarizes broad permissibility
           standards and use priorities as reflected in these regulations.

                Appreciating the context within which Rhode Island's Coastal
           Resources Management Program will be implemented also requires that
           the limitations of the Coastal Region Priority Use Map be clearly
           recognized.  It is a computer product and deals with land use in
           uniform ten acre grid cells.  Many coastal features and uses are too
           small to show up in these cells.  Since land uses within individual
           grid cells sometimes vary, the priority use designation made by the
           computer often does not accurately reflect all uses within the cell.
           While hand corrections have been made where possible, all such
           inconsistencies have not been eliminated.

    ;1.6    Use Priorities for Specific Coastal Resources and Areas:

                Use priorities are an integral component of Council Policies
           and Regulations.  As incorporated in the Policies and Regulations in
            this document, priorities bear the same relationship to legislative
           criteria as do permissibility considerations, reflecting the Council's
           assessment (indicated in Findings of Fact) of relevant management
           problems, issues and needs.

                                   294

                                 Figure C-I

       MEHTODOLOGY FOR PREPARATION OF PRIORITIES OF USE IN

         RHODE ISLAND'S COASTAL REGION MAP (FOLDOUT MAP 2)

             The"Priorities of Use in Rhode Island's Coastal Region
        Mlap" was drawn using the Statewide Planning Program's
        Environmental Inventory.  The Environmental Inventory
        utilizes computer technology to systematically compile
        information on the state's natural and man-made environment.
        A standardized coding format based on the Universal
        Transverse Mercator coordinate system is used. The basic
        coding unit used for information storage in the inventory
        is a grid cell measuring 200 x 200 meters and having an
        area of 4 hectares (approximately 10 acres). Presently
        20 elements have been inventoried and coded. for computer
        storage. This system allows the easy manipulation of
        inventory elements to determine land capability.  Hand
        corrections are then added as necessary.

                   A.  Methodology for Map Preparation
             Identification                            Designation

         Federally Controlled                  Designation:  Federal Land|
         Lands (Excluded from
         the Coastal Region)

    2    Designate Lands Already
        committed to a specific              7 Recreation[
        use:
                                    uie      Higher Intensity UseJ
                                             ?'ledium/Lower Intensity Usel

    j  Identify .\gricultural Landsm3 Agriculture

                   1J
    4    Determine Priority Uses for
         lands whose use is not
        already determined

                  I
    5      Land Serviced w/ Public      l
         WVater and Sewer

                  1
    6    Land serviced with public
        water and has soils suitable
         for septic systems

                  I
    7    Land with soils unsuitable
         for septic systems and/or              Land with Development
         located in a flood hazard              Constraints
         area and/or located in a
        public water system area
         and/or bordering class A
         or SA waters

    S    Remaining Lands: |                     Rural Resource Land|

                                   295

                              Table C-1

                        CATEGORIES OF PRIORITY USES

                   CONSERVATION (19,097 acres)

    Category 1      -  salt water and freshwater wetlands
                   - wildlife refuges
                   -  coastal natural areas

                   RECREATION (6,180 acres)

    Category 2      -  recreation areas listed in the state Recreation Plan
                   - land designated for inclusion in the Bay Islands Park

                   AGRICULTURAL LANDS  (12,460 acres)

    Category 3         tilled or tillable land upon which a crop is being
                      or has recently been produced
                      actively managed orchards and nurseries

                   HIGHER INTENSITY DEVELOPMENT  (32,030 acresj

                      Existing Land Uses
    Category 4         -  dense residential areas
                      - industrial and commercial areas
                      -  transportation
                      -  mining lands
                         waste disposal sites (landfills, junkyards,
                         and filter beds)

                      Lands Suitable for Higher Intensity Development
                      -  areas serviced by public water and sewers
                      -  industrial sites identified in the state
                         Land Use Plan

                    MEDIUM/LOWER INTENSITY DEVELOPMENT (44,650 acres)

                      Existing Land Uses
    Category 5            low and medium residential

                      Lands Suitable for Medium/Lower Intensity Development
                         areas serviced with public water with soils
                         suitable for septic systems

                   LANDS WITH DEVELOPMENT CONSTRAINTS (13,910 acres)

    Category b      -  flood hazard areas
                   - soils that are poorly drained or shallow to bedrock
                   -  land within 400 feet of a public water supply well
                   -  land adjacent to water bodies classified A or SA

                   RURAL/RESOURCE LAND (44,240 acres)

    Category 7         all other open land in the Coastal Region

                   FEDERALLY CONTROLLED LANDS (6,690 acres)
    Category 8         lands excluded from the Rhode island Coastal Zone

    Category  9    TIDAL WATERS*
                      Conservation/lower intensity us.e
                       Multiple Use Recreation
                      High Intensity Recreation
                    - Multiple Use
                    -  Urban

    *  See Findings and Policies in Estuaries and Coastal Ponds for
       a description of how priority uses were determined.

                                                    TABLE C-2

                                    SUMMARY OF PERMISSIBLE AND PRIORITY USES

          Policy Category           Section Ref.  Permissibility Standards               Priorities of Use

    1.  Conservation                              Permissibility of contiguous       Uses consistent with mainte-
        (1)  Conservation and      -    430       uses will be evaluated on the    nance or enhancement of the con-
            Management Areas                     basis of likely interference       servation, historical, cultural,
        (2)  Historic Preservation      450       with or damage to:                 aesthetic and educational value
        (3)  Research       ':-- _.?  460           - Conservation and habitat       of coastal resources have
        (4)  Coastal Wetlands           120.4         management objectives;         highest priority.
        (5)  Cliffs and Bluffs          120.3       - Historic sites;
        (6)  Freshwater Wetlands        250.3       - Data acquisition programs;
        (7)  Undeveloped Beaches and   120.2        - Unique, fragile and/or
            Barrier Beaches                          highly productive natural
                                                    features and areas.

    2.  Recreation                                Permissibility of contiguous       Uses consistent with the
       -(l)  Public Access to the      410       uses will be evaluated on the    aesthetic quality of, increased
            Shore                                basis of likely interference       public access to, use and enjoy-
        (2)  Public Beaches & Parks    420        with or damage to public recrea- ment of recreational facilities
        (3)  Recreational Boating       440       tional use and enjoyment of        consistent with environmental
            Facilities                           public wa.ers, shorelands and    preservation shall have highest
        (4)  The Bay Islands Park       470       scenic natural resources.          priority.

    Permissibility standards are reflected in specific tests and criteria and/or prohibitions incorporated
    in Council Management Regulations and Policies. Note appropriate page references.

            Pol icy Category            Section Ref.   Permi ssibil ity Standards           Priorities of Use

    3l Higher Intensity Development                  Permissibility will be evalu-   A high priority shall be the
       (1) 'Urban Waterfrolt  0-Ports       520      ated on the basis of:              concentration of intensive
       (2)  Minerals -Extraction            530        -Demonstrated need for a         or large scale developments
       (3)  Commerce & Industry             540    - waterfront location;               in areas already provided
       (4)  Residential Development         510       - Suitability of proposed         with public services such as
       (5)  Siting F1 Operation of         620          sites;-                         sewers, water  and transpor-
            Electrical Generating plants              - Effects on surrounding uses  tation links.
       (6)  Transfer of Petroleum Pro-    630           and areas;                      Low priorities shall be non-
            ducts                                     - Availability of and demands  water dependent  development
       (7)  Storage of Petroleum Pro-'    640           on public services;             of the shoreline -and exten-
            ducts                                     - Economic impacts;               tion of intensive development
       (8)  Processing of Petroleum        650        - Compliance with applicable   into areas not already com-
            Products                                    local, federal & state          mitted to it.
       (9)  Transportation Routes &        550          environmental and safety
            Facilities                                  regulations;
                                                     - Consistency   with the State
                                                       Guide Plan & other relevant
                                                       plans.

    4 Medium & Lower Intensity Develop-
     ments
     ITT-Residential Development           510       Permissibility will be evalu-   A high priority use shall be
                                                    ated on the basis of consis-    residential development con-
                                                    tency with Council Management   sistent with maintenance of
                                                    Regulations and Policies          high recreational, scenic and
                                                    applicable to:                    environmental quality.
                                                     - Affected sites or areas (see Low priorities shall be
                                                       in particular Conservation & intensive or large scale
                                                       Recreation, 1 and 2 above).' development and/or develop-
                                                     - Flood hazard and erosion       ment of flood or erosion
                                                       prone areas                    prone areas.
                                                     - Sewage treatment & disposal
                                                     - Major facility siting

            Policy Category             Section Ref.   Permissibility Standards             Priorities of Use

    . Agricultural Lands                    250.1    See 4 above.                      Highest priority shall be
                                                                                     production of food or
                                                                                     nursery products.
                                                                                     Lowest priority shall be
                                                                                     irreversible conversion of
                                                                                     agricultural lands to other
                                                                                     uses.

    ;. Land With Development Constraints   130        Development will only be permit High priority uses are con-
      (1) Flood Hazard Areas                         ted where and to an extent con- servation & recreation.
      (2) Coastal Erosion Areas                      sistent with such natural con-  Low priority uses include
      (3) Public Water Supplies                      straints as vulnerability to    structural developments of
                                                    coastal flooding and erosion    any kind.
                                                    and maintenance of high water
                                           ~I       quality.

    7. Rural Resource Lands               1 140       See 4, above.                     High priority uses are con-
      (1) Forest & Forest Transition                                                   servation of scenic natural
          Lands                                                                        resources and open space.

    B. Federal Lands                        250.2    Excluded from the coastal          Excluded from the coastal
                                                    region.                          region.

     ).  Conservation/Low Intensity Use    110       Permissibility will be evalu-   Uses consistent with mainte-
       Waters                                        ated on the basis of inter-       nance or enhancement of con-
                                                    ference with or damage to:        servation, aesthetic, wild-
                                                      -Conservation and habitat       life and fisheries values
                                                      management objectives;          shall have high priority.
                                                      -Unique, fragile and/or highly Low priority uses shall
                                                      productive natural features   include lower/medium and
                                                       and areas;                     higher intensity shoreline
                                                      -SA waters.                     development, dredging and
                                                                                     filling.

             Policy Category   Section Ref.   Permissibility Standards                       Priorities of Use

    10. blultiple Use Recreational Waters    110       Permissibility will be evalu-   Uses consistent with the
        (1)  )Designated estuaries                    ated on the basis of likely        aesthetic quality of,
        (2) Designated coastal ponds                  interference with or damage to: increased public access to,
                                                      - The multiple use recreation- use and enjoyment of these
                                                        al value of these waters;    water bodies shall have
                                                      - SA water quality. highest priority to the
                                                                                     extent that no one use domi-
                                                                                     nates.
                                                                                     Low priority uses shall
                                                                                     include intensive shoreline
                                                                                     development, dredging &
                                                                                     filling.

    11. High Intensity Recreational           110      Permissibility will be evalu-   Uses consistent with the
        Estuaries                                      ated on the basis of likely       maintenance and support of
                                                    interference with or damage to  recreational boating shall
                                                    recreational boating use &        have highest priority to the
                                                    enjoyment of these waters.        maximum extent compatible
                                                                                     with environmental quality.

    12. Multiple Use Waters                   110      Permissibility will be evalu-   No single use shall have
                                                    ated on the basis of compati-   high priority to the exclu-
                                                    bility with and nonpreemption   sion of others.
                                                    of other uses and maintenance   Preemptive uses of any sort
                                                    of state water quality stan-    shall have lowest priority.
                                                    dards and goals.

    13. Urban Estuaries                       110      Permissibility will be evalu-   Commercial navigation and
                                                    ated on the basis of contribu-  water dependent commercial
                                                    tion to the state's economy and industrial development of
                                                    the effectiveness of proposed   appropriately zoned & ser-
                                                    efforts to mitigate adverse       viced shorelands shall have
                                                    environmental impacts.            high priority.
                                                                                     Expansion of commercial-
                                                                                     industrial uses into areas of
                                                                                     recreational or conservation
                                                                                     value shall have low priority.

                                       300

    2. Designation of Geographic Areas of Particular Concern, Areas to be
        Preserved and Restored

     2.1    Federal Requirements:

                  Under section 305(b)(3) of the Federal Coastal Zone Management
           Act the state is required to inventory and designate geographic areas
           of particular concern.  This is to be accomplished on the basis of a
            resources inventory and assessment, with reference to eight area
            types specified in federal regulations (15 CFR 120.13)*, and in light
           of state criteria. Management policies which express the state's
            interests, concerns and objectives in the areas designated must be
           adopted.

                The state is further required under section 306(c)(9) to develop
           and apply standards and criteria for designation of areas of conservation,
           recreation, ecological or aesthetic values for purposes of preserving
           or restoring them.

     2.2    Resources Inventory and Assessment:

                See A-2 for description.

    2. 3    Consideration of Federal Designating Criteria:

                Council Policies and Regulations are the regulatory expression
           of the Council's management concerns and objectives. Correlations
           between Council regulations and federal criteria are indicated in
           Table C-3.

     2.4    State Designating Criteria:

                 Criteria for designating geographic areas of particular concern
           as an element of the Rhode Island Coastal Resources Management
           Program are set forth at three levels of increasing specificity.
           Broad policies for such designation have been taken from among those
           ten legislatively mandated criteria referenced under Permissible Uses.
           These policies indicate that a geographic area of particular concern
           must have the following characteristics:

            (1) Existing or proposed uses of the area or of contiguous areas are
                 inconsistent with resource characteristics, capability or
                potential.

      * See Table C-3

                                                TABLE C-3

                              STATE CONSIDERATION  OF FEDERAL CRITERIA FOR

                           DESIGNATING GEOGRAPHIC AREAS OF  :PARTICULAR CONCERN *

    Federal  Criteria                           Council Policies & Regulations                 SectionReference

    (1)  Areas of unique   :scarce, fragile       1. Conservation & blanagement Areas               430
         or vulnerable natural habitat,           2. Historic Preservation                          450
         physical--feature, historical            3. The Bay-Islands :Park-                         470
         significance, cultural value and         4. Conservation/Low Intensity Use Estuaries   110
         scenic importance                        5. Multiple Use Recreation Estuaries              110
                                                 6. High Intensity Recreation Estuaries            110
                                                 7. Multiple-: Use Estuaries                       110
                                                 8. Beaches                                        120.1
                                                 9. Coastal Wetlands                               120.4
                                                10. Cliffs and Bluffs                              120.3
                                                -11. Marine Fish and Fisheries                     210
                                                1l. Agriculture                                    2 :  0. 1
                                                13. Freshwater Wetlands                            250.3
                                                14. Coastal Ponds                                  110
                                                15. Barrier Beaches                                120.2

    (2)  Areas of high natural productivity    1. Conservation &  Management Areas                  430
         or essenitial habitat for living         2. Estuaries (including all types)                110
         resources, including fish, wild-         3. Coastal Wetlands                               120.4
         life and tile various trophic            4. Block Island & Rhode Island Sounds             110
         levels in tile food web critical         5. Marine Fish and Fisheries                      210
         to their well-being

    * Where Council Policies  & Regulations  apply to 'more than one federal
        designating criteria this is so indicated.

    Federal Criteria                             Council Policies & Regulations             Section  Reference

    (3)  Areas of substantial                   1. Public Access to the Shore                      410
         recreational value and/or              2. Beaches and Parks (public)                      420
         opportunity                             3. Conservation and Management Areas              430
                                                4. Recreational Boating & Boating Facilities   440
                                                5. Historic Preservation                          450
                                                6. The Bay Islands Park                           470
                                                7. Conservation/Low Intensity Use Estuaries    110
                                                8. Multiple Use Recreation Estuaries              110
                                                9. High Intensity Recreation Estuaries          * 110
                                               10. Multiple Use Estuaries                         110
                                               U1. Beaches                                        120.1
                                               12. Commercial Fishing & Recreational Ports        520.2
                                                13. Marine Fish and Fisheries                      210
                                               14. Multiple Use Coastal Ponds                     110
                                               i5. Barrier Beaches                                120.2

    (4)  Areas where developments and           1,. Public Access to the Shore                     410
         facilities are dependent upon          2. Beaches and Parks (public)                     420
         the utilization of, or access to       3. Recreational Boating & Boating Facilities  ( 440
         coastal waters                         4. Residential Docks and Piers                     440
                                                5. Research        --:                           460
                                                6. General Cargo and Petroleum Ports            i 520.1
                                                 7. Commercial Fishing and Recreational Ports   520.2
                                                 8. Federal Surplus Port Facilities                520.3

    (5)  Areas of unique geologic or             1. General Cargo and Petroleum Ports              520.1
         topographic significance to             2. Federal Surplus Port Facilities                520.3 3
         industrial or commercial development

    (6)  Areas of urban concentration where    1. Urban Estuaries                                 110
         shoreline utilization and water         2. General Cargo and Petroleum Ports             520.1
         uses are highly .mettn iive            3. Commercial Fishing and Recreation Ports        520.2

    Federal: Criteria                            Council Policies &e,   Regulations     Section  ]Refercnce

    T77--f�   ot signllicant  azard it           1.- Beacles .                                  120.1
         developed due to storms, slides,        2. Coastal Wetlands                            120.4
         floods, erosions, settlement, etc.    3. Cliffs  and Bluffs                            120.3
                                                 4. Flood Hazard Areas                         130
                                                    a. Altered or Developed Areas
                                                    b. Undeveloped Areas
                                                    c. Other Flood Prone Areas
                                                 5. Coastal Erosion & Erosion Prone Areas    140
                                                 6. Freshwater Wetlands                        250.3
                                                 7. Barrier Beaches                            120.2

    (8)  Areas needed to protect, maintain       1. Beaches                                     120.1
         or replenish coastal lands or           2. Coastal Wetlands                            120.4
         resources, including coastal flood    3. Cliffs and Bluffs                             120.3
        plains, aquifer recharge areas,          4. Flood Hazard Areas                         130
        sand dunes, coral and other reefs,    5. Minerals Extraction                           230
        beaches, offshore sand deposits          6. Freshwater Wetlands                        250.3
        and nmangrove stands                     7. Barrier Beaches                            120.2

                              :   or rplenish coasal lans o~r:  2. Castal  etland              1200

                                       304

           (2) As a result, either or both of the following are likely to
                result:
                - loss of or damage to a natural or manmade coastal
                       resource;
                -  inappropriate, wasteful or preemptive use of a coastal
                       resource.

                In interpreting and applying these legislative designating
           criteria the Council has found it desirable to focus particular con-
           cern on those geographic areas where the pressure for inconsistent or
           inappropriate use is highest. It is in these areas that a delayed
           state response would most quickly lead to irrevocable and undesirable
           commitments of coastal resources.

               At the most specific level of designation, Council Findings of
           Fact, the Council sets forth its assessment of the use problems of
           specific areas or resource types and the pressing nature of those
           problems. Councl Policies and Regulations, then, express the state's
           response to identified problems and the specific procedures and
          actions necessary to implement that response.

    2.5    Designating Criteria For Areas to be Preserved and Restored:

               Areas to be preserved and restored are geographic areas of par-
           ticular concern. Designation, therefore, follows the same three step
          process set forth above. As areas of particular concern, however,
          areas to be preserved and restored have unique-management problems
          and requirements. Candidate areas must be found to be of significant
          value for purposes of recreation, conservation or habitat preservation
          and must be subject to pressures inconsistent with preservation of
          these values. Council assessment of both values and pressures is
           reflected in Findings of Fact relative to specific areas or resource
          types. As with geographic areas of particular concern, Findings
           reflect themselves in Council Policies and Regulations.

    2.6   -Designated Geographic Areas of Particular Concern:

          The following four areas have been designated as indicated in
          Foldout Map 2.

           (1)  Developed Barrier Beaches ...... Chapter 1
           (2)  The Bay Islands  Park ...... Chapter 4
           (3) Conditionally Closed Shellfish Beds In Upper
                    Narragansett Bay ...... Chapter 1
           (4)  Erosion Prone Bluffs ...... Chapter I

                                        305

             2.7 Designation of Areas to be Preserved or Restored;*

                  The following nine areas have been designated as indicated
                  in Foldout Map 2:

                  (1)  Undeveloped Barrier Beaches ......  Chapter 1
                  (2)  Coastal Ponds ...... Chapter 1
                  (3)  Coastal Wetlands ..... Chapter 1
                  (4)  Conservation/Low Intensity Use Estuaries ... Chapter 1
                  (5)  Sea Cliffs ...... Chapter 1
                  (6)  Public Beaches and Parks ......   Chapter 4
                  (7)  Conservation and Management Areas ......   Chapter 4
                  (8)  Public Rights-of-Way to the Shore ...... Chapter 4
                  (9)  Historic Sites ...... Chapter 4

           2.8  Procedures For Designating Additional Areas:

                Procedures whereby the Council adopts management policies
                and regulations which express its concern for particular coastal
                resources or areas are set forth in Appendix B, Sec.11.  These
                procedures provide under 11.8 for the receipt and consideration
                of petitions from any interested party requesting promulgation,
                amendment or repeal of a Council rule or regulation.

                Utilizing these procedures the Council may at its own volition
                or in response to petition, designate additional areas as
                Geographic Areas of Particular Concern or Areas to be Preserved
                or Restored or may amend regulations and policies applicable
                to already designated areas. In both instances, however,
                candidate areas must meet designating criteria set forth under
                2.4 and 2.5 above.

             *  Small coastal wetlands, historic sites and rights-of-ways to the
                shore are not shown on the GAPC/APR Map because of their small size.

    �: -'- :  :�::�::; :~~~~~~

                                     306

    3. Boundaries of the Coastal Region

    3.1    Federal Requirements:

                Under section 305(b) (1) of the Federal Coastal Zone Management
           Act the state is required to identify the boundaries of its coastal
           zone. This zone must extend inland only to the extent necessary to
           control lands whose use has a direct and signifcant impact on
           coastal waters. It must include transitional and intertidal areas,
           salt marshes, wetlands, beaches and the state's territorial waters.
            It does not include federally controlled lands which, however, must
           be identified.

    3.2    The Inland Boundary of the Rhode Island Coastal Region:

                The Council finds that in defining the Coastal Region to in-
           clude both land and water elements the General Assembly recognized
            that marine and intertidal resources can only be properly and
           effectively managed in a context which incorporates lands whose use
            effects or is affected by proximity to coastal waters.  The Council
            concludes that                         such a land area is best described
            by drawing a line which extends one mile inland from the coastline or
            to the next inland census tract analysis zone boundary where this is
            greater (see foldout map 2). A coastal region thus defined has the
            following virtues:

            (I)  It has a strong biophysical basis in that it encompasses nearly
                 all of the state's coastal watersheds.

            (2)  It has a strong geopolitical basis in that it encompasses in
                most cases entire cities and towns.  This provides for a minimum of con-
                 fusion in administering coastal management programs.

            (3) It allows for convenient use of socio-economic data compiled
                 by the Bureau of the Census in the formulation of management
                 programs.

            (4) It is compatible with land units utilized in other state plan-
                 ning studies and information retrieval systems such as shore-
                 line land use maps and computerized land suitability models
                 developed by the Statewide Planning Program. It therefore
                 allows for the use of this valuable information. For ease of
                 permit review procedures; the coastal region includes all the
                 municipalities that border the Rhode Island shoreline. This
                 area is slightly larger than the planning area.
     3.3    Transitional and Intertida/ Areas:

                 Transitional and intertidal areas subject to Council per-
            mitting authority have been legislatively defined as including
            shoreline physiographical features and coastal wetlands and all

                                              307

                    directly associated contiguous areas necessary to preserve their
                    integrity.  In implementing its mandated planning and management
                    responsibilities regarding these areas the Council has further de-
                    fined shoreline physiographical features to include the following:

                     (1)  Beaches

                     (2)  Barrier beaches and dunes

                     (3)  Coastal ponds

                     (4)  Coastal cliffs and bluffs

              3.4  The Territorial Sea:

                         The General Assembly has defined waters subject to the pro-
                    visions of the Coastal Resources Management Program as "tidal water
                    below the mean high water mark, extending out to the extent of the
                    state's jurisdiction in the territorial sea".  The Council has further
                    interpreted such waters to extend to the limit of tidal influence up
                    rivers and streams discharging into tidal waters.

                         State-federal differences as to the delimitation of the offshore
                    limits of the state's territorial sea are presently being litigated
                    before the U.S. Supreme Court.  Pending completion of adjudication,
                    the Council for this interim period and for the limited purposes
                    of implementing the Coastal Resources Management Program shall
                    accept the delimitation presently claimed by the federal government.
                    The Council understands the federal position to be that the state's
                    territorial sea extends out a distance of three nautical miles from
                    the mainland coast and the coast of Block Island and a like distance
                    from a baseline extending across the mouth of Narragansett Bay from
                    Point Judith to Sakonnet Points.

              3.5   Excluded Federal Lands:

                         "All lands owned, leased, or whose use is otherwise by law
                    subject solely to the discretion of the federal government, as well
                    as land held in trust. by the federal government are excluded from
                    the Coastal Zone.  These federal lands are shown in Figure C-2."

    0~~~~~~~~~

                                       308
                                                              Figure C-2

                             -,                  ~~~~N
                                                           FEDERAL LAND IN
            A    .JCOASTAL REGION

                                        IN                        ~~~~~~~~~NAS   NavalI Aw 91-fdi.-
                                                                NR Nagai ~emetjtieh

                       *%   a',                                       ~~~~~~~~~~~~~~~wI  W;lI~Se

                                                           Source STATEWIDE PUMtN8.

                         A~~~~~~~~~~~~~~~~~~ TION, CONSERVA71
                                 C   *.                                  AND OPEN SPACE.

                  AI~~R

                  0*                        ~~~~WR

                                           CG CG

                                         BAY AREA               BLOCK  ISLAND

                                                   SOUTH SHORE
    Maps of these features(scale of I: 12000) are  available at the  Council's  of fices

                                309

    4.   Consideration of National Interest and Regional Benefit

    4.1 Federal Requirements:  Sections 306 and 307 of the Federal
        Coastal Zone Management Act impose extensive obligations on
        the state to coordinate its program development efforts with
        affected federal agencies and to reflect consideration of
        national and regional interest in that program.  Specifically.
        the state is required to document a process of state-federal
        consultation and coordination, coordination with other
        federally funded planning programs, and to describe in some
        detail how the national interest has been identified and con-
        sidered during program development, how it will continue to
        be considered during program implemention, and how competing
        national interests have been weighed in the substance' of the
       management program.  Federal air and water pollution require-
        ments must be incorporated into the program.  An ongoing
        mechanism for conflict resolution and federal participation
        must be established.  The state is further required to identify
        uses of regional benefit and to demonstrate the ability to
        prevent unreasonable local restriction or exclusion of such uses.

    4.2 Federal Consultation and4Coordination in Program Development:
       Consultation and coordination between the Council, its staff
       and numerous federal and regional agencies has been a charac-
       teristic of the Rhode Island Coastal Resources Management
       Program since its inception in 1971.  Council staff have
       frequently called upon the expertise of these agencies to
       assist in data collection, information processing and manage-
      ment strategy formulation (see Table C-4).

            As Rhode Island moved towards completion of its initial
       program development effort throughout the latter part of
       1975 and into the summer of 1976, however, it became clear
       that more intensive federal-state interaction was essential
       to mutual understanding and conflict resolution.  The Council
       consequently initiated a formal federal participation pro-
       gram in August 1975.  A series of four state-federal work-
       shops were held between November of that year and February
       of 1976.

            Workshop #1, held on November 6, 1975, was attended by
        representatives of 16 federal and regional groups.  Council
       members and staff presented an overview of the state's pro-
       gram development efforts to date and solicited agency assess-
       ments of interests in the Rhode Island Coastal Region.
       Workshop #2 (December 1, 1975) was dedicated to a detailed
       description of proposed draft elements of the evolving
       management program with both.written and verbal comments
       received from the 40 agency representatives present.  Work-
       shop #3, held on January 15, 1976, followed essentially the
       same format with additional draft program elements reviewed
       inidetail.  The final workshop in this initial series was
       held on February 18, 1976 and was reserved for the receipt
       and discussion of draft program revisions  (see Table C-4).
                  i: : :::: - ;~g

                                                     Policy                                 Spr ing                                                   Sumler
                                     Council          Regulation    Public Information       1976                                                      1977
                                     Formation        iivelbpmenlt   and Education           Draft     Summer 1977 Workshop%              Workshops   Draft

          TABLE C-4                                                                                                            14

                                                          0-                                        v1~~~~~~~~~~0 .

      Public Participation Efforts                                     44                        .              o~ 8  g*           8                  - LW 4  V  -a
                                            It                                                                                 -15,  r bC *

                                                             a1   U            'D                                                to     M t
                 FP~~YEDERAL AGENCIES                                        --                                                       _             It           J
     Council on Environmental Oualitv    _K _xx X XX    XX                                                             ___  _                                __
     Department of Agriculture
       Soil Conservation Service                               xx             _ 2<I I    I  _  _
     Department of Com  rce
      Economic Develooment Admin.                                                X <t on X    Xx                                                      _ _

      Nat'l. Sea Grant Proeram                                    2<           >xxk   XX    XX                                         :       _          2
      Nat'1. Marine Fisheries Service                        )<  i<_            XXX X X XXX                    A.  X 2 <                        l l__ X_

     Environmental Data Service                                                 XXX         i<  Xx)
     Department of Health; Educ. r   Wel.    X                                    X>X   XX   xX                                     .           I e       X
    I Department of Housine � Urhan nuv                                           XXX    XX    XX                                           I I   I I     A_   - -
      Flood Insurance Administration                                            XXX   XX    XX                                           i  ll-X             X
     Department of Interiorce I
     Bureau of Mines                                                           X      X X X   XXX                                X      I- I T -T        x
      Fishand Widlife Service              X                    X                  X X   XX   ><X              >   X                                  I         x
      Ninieret N.W.R.                                                                                     X  X                         -      y -
      Bureau of Outdoor Recreation                                                  X    XSurvey
      U.S. Geological Survey                                    XX              XXX  XX  XX                                                    -   X -.
      National Park Service                                                       (X  X   XX                    X                          _< _<  I I     X
      Bureau of Land Managementduc.   Iel.                                      X X   X          XX   X                                                    X
     Department of Justice& a                                                   X         X         X   X
     Department of Trance Adminisortation                                       XXx X X   XX                              X_
      U.S. Coast Guard                    XX YX____ N                           XXX  XX  XX
     Department of Defense
      Defense Fuel B Supply Center                                           $O<Xi          X    XX                                                _XX

      Air Force                         _XMvz X__X                                                       I  X_ _irx
      Corps of Engineers                   >X  XX      _ X____X< aY XX /Xk !  X  X  I IC<
     EnerF y Research a D v.WAdmin. Service                                      X     XX  X,X'   X        X                          X-X -
     Environmental Protection Ag.    X              X                  _x <  _t_  XI                                                      V M           _
     Federal Power Commission                                I                  sX>X >X<   X                    <
     .Federal Energy Administration                                             X      XX    X                                            _
     Federal MXaritime Administration                                           _      Xx  X    XXX   I                               ,
     General Services Administration                         I                   XX      ?X   X    __                                                       _  _
     Nuclear Regulatory Commission ent  XX    X                                                 XX       I                               -       K
      U.S. Coast Guard 0X xxx x< xx

                                311

         It was, however, recognized during this: initial intensive
    phase of state-federal interaction that group workshops alone
    did not ;provide suitable forums for detailed input from
    individual federal :agencies.  Staff time was therefore com-
    mitted for consultation with individual agency representatives
    who requested such meetings.  Meetings were subsequently
    scheduled with the Department of the Navy (November 12 and
    December 2, 1975), the Federal Energy Administration
    X(March 19, 1976), the Environmental Protection Agency (April 1
    and June 7, 1976), the National Flood Insurance Program
     (April 19, 1976), the Bureau of Outdoor Recreation (May 11, 1976)
    and the Department of the Interior (June 1, 1976).

         The Council has and will continue to utilize such regional
    agencies .as the New England River Basins Commission and the
    :New England Regional Commission as focal points and forums for
    addressing regional issues and coordinating coastal management
    policy with neighboring states.  Rhode Island is already
    deeply involved in regional fisheries and OCS oil related
    studies through the Regional Commission and has cooperated with
    the River Basins Commission in the recently completed
    Southeastern New England Study.  The Coastal Zone Liaison Office
    of the River Basins Commission has provide continued interaction
    with other coastal management efforts in the region.

         To further ensure that federal agency interests received
    prompt and careful consideration, the Council created the
    position of state-federal coordinator and notified all desig-
    nated federal representatives of this individual's availability
    on February 1, 1977.  Since that time the coordinator has
    served as the central clearinghouse for all contacts with
    federal agencies, ensuring that interested agencies received
    drafts of proposed program policy elements and that their
    comments, whether verbal or written, were recorded and
    reflected in subsequent draft revisions.

         To augment:the above described consulting efforts the
    Councilin t:he Spring of 1976 invited all federal and regional
    agencies interested: in Rhode Island's coastal region to
    participate as members of a newly established Federal
    Advisory Committee (FAC).  The purpose of this Committee was
     to:provide an open forum for federal agency comment on and
    participation in Rhode Island's program development and imple-
     mentation efforts and a mechanism for identification and
    :resolution of state-federal differences.

                                  312

             The first formal meeting of the FAC was called by the
       Council on February 24, 1977, to solicit agency reactions to
        and suggestions for the state's ongoing program development
        effort. Council members and staff described the proposed
       program development strategy, format and schedule and initi-
        ated extensive dialogue with participants as to how agency
        interests and comments could most effectively be integrated
        into the program.

            As a result of this dialogue and at the suggestion of
       agency representatives it was decided that all participants
       should be given an early opportunity to review and comment
       on individual program elements while still in a draft stage,
       but that further group meetings should be deferred until all
       program elements were completed and the state had responded
       to agency comments.   A list of proposed state policy areas
       was circulated on February 28 and agencies indicated those
        areas in which they were interested and wished an opportunity
       to review drafts.   Table C-5 summarizes the major points
       raised by federal agencies during the process of Program
       development. A total of 31 federal agencies have been con-
       tacted of which 24 have actively commented on the Program as
       it has developed.
    q:3 Coordination with Federally Supported Planning:  As described
        in Appendix A,coordination between federally supported in-state
       planning programs and the state's Coastal Resources Management
       Program is mandated by legislative enactment (46-23-6 and 10,
       G.L.R.I.). Specific procedures for effecting this coordination
       are also set forth. These are of four principal types.

        (1)  The Council is authorized and directed to coordinate
            planning and program implementation efforts with local,
             state, regional and federal agencies (46-23-6c(b)).

        (2)  The Council is directed to function as a binding arbi-
            trator in any matter of dispute between two or more state
            agencies or municipalities where such dispute involves
            the state's coastal region and its resources (46-23-6c(a)).

        (3)  All other departments, agencies and bodies of state
            government are directed to exercise their planning and
            management responsibilities consistently with Council
            Policies and Regulations as set forth in the Coastal
            Resources Management Program (46-23-SA(f) and 46-23-10).

    A workshop on program mapping was, however, held on May 26
    in Boston to familiarize interested agencies with the map
    types and techniques proposed for inclusion in the state pro-
    gram and to be used by the Council in the permit application
    review P roces Tn

                                                 TABLE C-5

                                  ,SUMMARY:  CONSIDERATION OF FEDERAL COMMENTS*

    Agency/Contact          Federal Comments-                   Rhode Island Response*    Unresolved Issues

    (1) National Marine    (1) Goals for future of RI            (1) Expansion potential
        Fisheries Service       fisheries should be set forth. of R.I. fishing industry
                            (2) Council should cooperate        recognized policies to
                               with New England Fisheries      protect fishery are set
                               Management Council in im-       forth (Sections 2.1,
                               plementing state management    5.2.2).
                               programs.                        (2)  Policies to this
                            (3) Should provide for interstate  effect incorporated in
                               cooperation & coordination      redraft of Section 2.1.
                               of f:isheries management         (3) See (2).
                               programs; include state    &   (4) Agreed, water
                               federal agencies,               dependency is basic siting:
                            (4) Coastal Energy Impact Program  criteria for commercial-
                               should not put pressure on      industrial development
                               state to permit non-water       in coastal region (Sec-
                               dependent development of        tion 5.4).
                               coastline.                      (5) Incorporated in poli-
                            (5) Impacts on fisheries should    cies for all uses under
                               be specific management conceri "damage to coastal
                               for uses likely to affect       environment."  Incorpor-
                               marine waters,                  ated specifically for
                            (6) Endorses proposed permit        uses most likely to affect
                               evaluation &E impact            fisheries in particular
                               assessment methods;             (Sections 2.1, 2.3, 3.2,
                               recommends including water      5.3, 5.5, 6.3).
                               dependency as a consideration. (6) See (4).

    *  A log of all correspondence, telephone and personal communications between Council
       staff and federal reviewers has been maintained by the State Federal Coordinator.
    ** This table will require periodic updating as new federal comments are received and considered
       by the state.  Comments on several important policy areas have not yet been received.  All
       comments received by June 15, 1977 have been summarized.

                                            TABLE C-5 (con't)

    Agency/Contact          Federal Comments                     Rhode Island Response   Unresolved Issues

    (2) Fish & Wildlife    (1) Believes that federal surplus   (1) Policies as set
        Service                 port facitities should be         forth in Section 1.1
                               developed if this would cause   and 5.2.1 impose
                               less environmental damage than  specific environmental
                               expansion of Port of Providence constraints on any port
                               even if competition resulted.   area.
                           (2) Believes that a less environ-   (2) Permit to expand
                               mentally harmful alternative    this pier was granted
                               to filling at Wilkeberry Pier   only after careful
                               could be found.                   evaluation of environ-
                           (3) Suggests that estuarine cat-    mental impacts and
                               egories be more completely        alternatives.
                               defined and the reason for        (3)  This has been done
                               placing individual estuaries    as part of expansive
                               in these categories be           redrafting of Sections
                               explained.                        1.1 and 1.2.
                           (4) Suggests that Regulatory          (4) See (3)
                               Policies for Conservation/Low
                               Intensity Use Estuaries be
                               adopted.

    (3) Bureau of Land      (1) Suggest cross-reference of        (1) This has been done
        Management              policies & their application    where appropriate.
                               so intent would be clearer.       (2) General redrafting
                           (2) Clarify relationship between    and inclusion of sum-
                               various-policies.                mary permissibility/
                           (3) Explain how priorities will be priority table in
                               implemented                      Appendix C.1 addresses
                           (4) Define criteria for implement-  this.
                               ing policies.                    (3) See (2)
                           (5) Policies on minerals extrac-    (4) See (2)
                               tion will cause delays and        (5) Findings and
                               increased costs to operat6ors    research leading to
                               which should be considered in   adoption of policies
                               program EIS.                      under Section 2.3 indi-
                                                                cate no marine mining
                                                                likely for next 20 yrs.
                                                                State finds no impacts.

           0                                           0                                             0

                                               Table C-5 (cont,)

     Agency/Contact              Federal Comments               Rhode Island Response    Unresolved Issues

    (4).. B:ureau of Mines  (1) Feels importance of mineral       (1) The Council has      The Council recognizes
                              extraction in the coastal zone   adopted policies          a basic difference of
                              is inadequately considered.       regarding mineral        opinion on mineral
                                                                extraction (Sections   extraction in the R.I.
                                                                2.3 and 2.4)            coastal region.

    (5)  Department of    (1) Should clearly indicate that        (1) This has been done
        the Navy              some areas designated for inclu-       in Appendix C,3.
                              sion in the Bay Islands Park,    (2) See amended poli-
                              for Historic Preservation and    cies on dredging and
                              for Recreational Boating are      dredged material dis-
                              Navy owned and are excluded from posal (Section 5.3).
                              the coastal zone.
                          (2) Should describe positive solu-
                              tions to dredge spoil disposal
                              requirements.

    (6) Department of    [(1) State efforts to inform & involve
       Agric ulture           public in program development
                              improving.
                          (2) Finds Commercial Fishing and
                              Recreation Ports Policies
                              excellent.
                          (3) Suggests referencing information (3) This has been done
                              sources.                               as suggested.
                          (4) Shouldn't include construction   (4) While the duration
                              noise as management consideratior    of any impact is
                              because it is temporary.               an important con-
                          (5) Endorses Council research       &      sideration, the
                              public education efforts.              Council believes   i
                                                                    that temporary
                                                                    impacts must be
                                                                    recognized.

    (7) Economic Develop- (1) Pleased with mechanisms for       ](l)(2)  Thank you
       ment Administra-       state-federal coordination.
        tion                (2) Believes R.I. "well on its way y
                              to developing an effective CZM
                              Plan"!
                                                               J1

                              316

    (4) The Council is directed by law to develop management
         plans and programs consistent with the State Guide Plan
         (46-23-SA(g)). It has developed close formal and infor-
         mal coordinating arrangements with the State agency (the
         Statewide Planning Program) responsible for developing
         and maintaining this Plan and for developing Plan ele-
         ments relating to long range transportation planning,*
         comprehensive outdoor recreation planning**, housing and
         land use planning and '!A-95" review of federally funded
         programs***.

      The Statewide Planning Program through its planning respon-
    sibilities as the state's "A-95" *review clearinghouse, there-
    fore, provides a vital coordinating link between the Coastal
    Resources Management Program and federally supported programs
    and planning efforts****.

    *    Transportation planning is supported by financial assis-
         tance from the US Department of Transportation in the form
         of Federal Highway Administration Highway Planning and
        Research Grants, general planning grants; Urban Mass Trans-
        portation Administration Planning Grants; Federal Aviation
        Administration Airport System Planning Grants.
    **   Preparation of State Comprehensive Outdoor Recreation Plan
         is supported by financial assistance from the Bureau of'
        Outdoor Recreation, US Department of Interior under the pro-
        visions of the Land and Water Conservation Fund Act of 1965.
    *** The US Department of Housing and Urban Development pro-
        vides financial assistance to the state for housing and land
        use planning and "A-95" application review under section 701
        of the Housing Act of 1954, as amended (Comprehensive
        Planning Assistance Program).
    **** In a memorandum of understanding between the Council and the
        Statewide Planning Program dated March 22, 1976, the pro-
        gram states that it  .... shall review all proposals, pro-
        grams and other governmental actions or requests subject
         to its A-95 review responsibilities for conformity with
         the plans, programs, policies, management standards and
         criteria of the Coastal Resources Management Council.
        Further, Statewide. Plannings:Program will submit all such
        proposals, programs, acts and requests to Coastal Resources
        Management Council for review and comment."

                                          317

        4.4  Opportunities for Ongoing Federal Participation and Review:
                 The Federal Advisory Committee shall function as the prin-
             cipal mechanism for conflict resolution and direct federal
             agency - Council coordination and consultation during imple-
             mentation of the Coastal Resources Management Program.  To
             this end it shall meet at a minimum of every three months,
             although special sessions will be convened as necessary.
                 Other opportunities for federal participation and review
             are set forth in detail under Procedural Policies (see Appendix
             B) and include:s
                 1.  Routine notification of opportunity to review proposed
                     Council policy and/or permitting actions;
                 2. Opportunity to present written comments and/or verbal
                     testimony at public hearings pertaining to the above
                     actions;
                 3.  State consistency proceedings and procedures relating
                     tofederal activities, licenses and federally funded
                     programs
                 Where disagreements between the state and a federal agency
             persist despite the above mechanisms and procedures for con-
             flict resolution, the state shall seek mediation by the Secre-
             tary of Commerce as provided for by CZAr.
        4.5  Identification and Consideration of Federal Agency Interest in
             Rhode -Island's Coastal Region:
                 One of the Councills principal information sources for
             identifying and incorporating consideration of the national
             interest into the various Policies and Regulations set forth
             in this document has been the mission descriptions and policy
             statements submitted to it by affected federal agencies.  These
             provide the baseline against which the Council has measured
             its national interest obligations in formulating draft regula-
             tions and policies which have subsequently been modified in
             response to specific agency. comments and suggestions.  As is
             made clear below, federal legislation and Presidential Execu-
             tive Orders have also been consulted in defining the national
             interest.  Because of the significance of federal agency policy
             statements in the development of the Rhode Island Coastal
             Resources Management Program they have been summarized in
             Table C-6.
        4.6  Consideration and Weighing of Various National and Regional
             Interest,-as These Relate to the Rhode Island Coastal Resources
             Management Program:
                 The following summary statements address those facilities,
              the planning for and siting of which may be in the national
             and regional interests.  The manner in which each topic has
             been defined and described and the process of weighing compet-
             ing national and regional interests are described.  Facilities
             which Rhode Island defines as being in the national and regional
             interests are identified.  The terms "national interest" and
    ;0 :;0 ;" '"regional benefit" are used synonymously in this summary.

                                                    TABLE C-6

                         SUMMARY OF FEDERAL AGENCY MISSION DESCRIPTIONS/POLICY STATEMENTS

            Agency                                  Mission/Policy Summary

    RECREATION
    (1)  Bureau of Outdoor   Develops national comprehensive recreational plans.  Evaluates potential park and
         Recreation          recreation areas, scenic trails, wild and scenic rivers.  Provides technical
                             assistance to state, local, private recreational planners. Administers Land
                             and Water Conservation Fund which provides monies for acquisition of recreation
                             areas and for state level recreational planning.

    (2)  National Park       Responsible for managing national natural, historic and recreational areas, for
         Service             preserving and promoting compatible public use and enjoyment of these areas.
                             Designates and manages National Landmarks. Provides grants-in-aid to state
                             Historic Commissions.

    (3)  Fish G Wildlife     Administers management programs for sport fish, waterfowl, migratory birds and
         Service             other species.  Provides technical assistance, research and enforcement related
                             to developing and maintaining sport fisheries and wildlife.  Recreation compat-
                             iblewith the objective of wildlife management is allowed on National Wildlife
                             Refuges.

    (4)  Corps  of           Undertakes programs, where authorized, for public coastal beach projects, public
         Engineers           use coastal protection (such as Cliff Walk), small-boat harbor projects, and
                            public access for sport fishing and other recreational purposes at coastal flood
                            protection projects and at navigation jetties and breakwaters where adequate
                             safety measures can be incorporated at reasonable cost.

    (5)  The Forest Service  In cooperation with the Rhode Island Division of Forest Environment, provides
        U.S.D.A.             technical assistance to private woodland owners interested in the protection
                             and management of forest resources for recreation and wildlife purposes.
    HISTORIC/CULTURAL
    AESTHETIC/CONSERVATION
    (1)  National Park       The NPS has responsibility for sites on the National Register of Historic Places,
         Service             National Historic Landmarks and manages NPS areas.  Within the NPS, the Office of
                            Archaeology and Historic Preservation maintains and expands the National Register
                             of Historic Places,. administers a grant program for state survey and preservation
                            planning programs as well as for acquisition and restoration of historic sites,
                             and provides technical assistance and information on histroic preservation
                             technology.

            Agency                                      Mission/Policy Summary

    (2)  Fish  & Wildlife     Undertakes research and monitoring programs related to habitat alteration,
        �:Service            pollution and other factors affecting ecosystems.  Responsible for protecting
                             endangered species..  Provides technical support to agencies involved in water
                             development projects.  Must review federal programs affecting the waters of-
                             the United States under provisions of Fish & Wildlife Coordination Act to
                             insure fish and wildlife conservation receives equal consideration and to
                             attempt to prevent loss to fish and wildlife resources and to provide for
                             their enhancement.  Provides financial assistance to state wildlife and sport
                             fisheries management programs.

    (3)  National Marine      Recognizes habitat conservation as an essential part of resource management and
         Fisheries Service   utilization.  Responsible for protection and 6onservation of living marine
                             resources, prevention of unnecessary degradation of marine habitats.

    (4)  Corps of             Undertakes programs, where authorized, for removal of dilapidated waterfront
         Engineers            structures and debris, for construction of marsh areas using dredged materials,
                            forenhancement or mitigation of fish and wildlife resources, and for preserva-
                             tion of wetlands through permit activities.

    FOOD & FIBER                                                                           -
    (1) Soil Conservation    Promotes conservation and best utilization of soil  and water resources.  Maps
        Service               soils and provides technical assistance for erosion control. Encourages food
                             and fibre production on suitable soils.  Plans and finances watershed conserva-
                             tion projects and flood prevention programs.

    (2)  Fish and Wildlife   Operates fish hatcheries for breeding  and distribution of sport fish.
        Service

    (3)  National Marine      Undertakes research and provides management of marine fishes in cooperation
        Fisheries Service   with the states and other federal agencies and provides assistance regarding
                             gear and economics of the fishing industry.

    (4)  Army Corps of        Undertakes, where authorized, improvements and maintenance to harbors and
        Engineers            navigation- channels utilized by commercial fishery.

    (5)  Forest Service,      In cooperation with the Rhode Island Division of Forest Environment, provides
        U.S.D.A.             technical assistance to private woodland owners for the protection and
                            management of forest resources.

            Agency                                       Mission/Policy Summary

    DEFENSE & AEROSPACE
    (1)  Department of       Conduct of military activities on and over coastal lands; on, over and under
        Defense             coastal waters including research, training and  patrol missions.  Responsible
                            in association with other defense agencies with promoting the national defense.
                            Rhode Island functions relate principally to training and research (Navy, Air
                            National Guard, Army ReserveS).

    ENERGY PRODUCTION &
    TRANSMISSION
    (1)  Federal Power       Regulates some of the interstate aspects of the electrical power and natural
        Commission          gas industries and the transmission rates for crude oil and petroleum products,
                            including ammonia and liquified gas.

    (2)  Federal Energy      Primary energy policy office for federal government.  Promotes energy conserva-
        Administration*     tion and development of both conventional and alternative fuel sources.  Respon-
                            sible for implementing fuel allocation and price control programs.

    (3)  Bureau of Land      Responsible for leasing OCS oil and gas reserves, the preparation of lease sale
        Management          environmental impact statements and right of way pipelines.  Conducts baseline
                            and monitoring studies of lease blocks.

    (4)  U.S. Geological     The U.S. Geological Survey is responsible for the classification and evaluation
         Survey              of Federal mineral resources.  In Federal mineral lease management, the Geologi-
                            cal Survey regulates and supervises all mineral lease operations, both onshore
                            and on the OCS. This includes approval of exploration, development and produc-
                            tion plans and OCS lease term pipelines and right-of-use and easement pipelines.

    (5)  Department of       Regulates siting and development of deepwater ports, transportation of petroleum
        Transportation      products, prevention and cleanup of oil spills (Coast Guard), construction and
                            operation of pipelines (Office of Pipeline Safety).

    (6) Energy Research*and  No policy statement.
        Development Admin-
        istration

    (7)  Nuclear Regulatory  Assure public and occupational health and safety and environmental compatibility
        Commission          in siting and operation of nuclear facilities.  Exercises extensive regulatory
                            authority over siting, construction and operation of nuclear power plants.

    (8)  Corps of            Provides channel and harbor improvements for the transportation of oil, coal and
        Engineers           other fuels.  Regulates the placement of submarine pipelines, submarine cables
                            and aerial transmission lines within or over state territorial waters.

                           * Incorporated in newly created Energy Department.

           Agency                                        Mission/Policy Summary

    INTERSTATE TRANS-
    PORTATION
    (1)  Department0 of Trans- Responsible for developing a balanced national transportation system including
         portation           well articulated and integrated modes through both direct federal actions and
           Coast Guard       assistance (technical & financial) to state and local government.  The Depart-
           Fe deral Aviation  ment sees a national interest in the "fast, safe, efficient and convenient
           Administration    access via one or more modes of transportation for the movement of people,
         - Federal Highway   goods and services to, from, along and through the coastal zone.
           Administration
         - Federal Railroad  The Coast Guard is responsible for marine search and rescue, federal law
           Administration  enforcement, military readiness and navigation aids.
         - Materials Trans-
           port Bureau
         - Urban Mass Trans-
           portation Adminis-
           tration
         N- ational Highway
           Traffic Safety
           Admin istrat ion

    (2)  Army Corps-of        Responsible for the maintenance, improvement and development of navigation
         Engineers            channels, harbors, breakwaters and related developments for commercial and
                             recreational vessels.  Responsible for the preservation of navigable waters
                             through the issuance of work permits for structural,- dredging and fill activi-
                             ties.  Responsible for protecting the environmental quality of navigable
                             waters, adjacent wetlands and marine ecosystems by regulating discharges into
                             them.

    (3)  Maritime Admin-     Responsible for development of ports and related commercial transportation
         istration           facilities.  Coastal management concerns include need for deepwater terminal
                             development, expansion and operation of national port system, channel and harbor
                             improvements including landside port development to accomodate heavy industry,
                             petroleum, bulk storage and container needs, environmental protection through
                             proper waste reception, separation and recycling.

    (4)  Interstate Com-     Responsible for ensuring the public an adequate and efficient transportation
         merce Commission    system under private ownership.  Has rate setting service standard and practice
                             regulatory functions.

            Agency                                           Mission/Policy Summary

    MINERAL RESOURCES
    (1)  Bureau of Mines     Responsible for mineral resources development through research and technical
                             support. Concerned with assuring the conservation and adequate supply of
                             domestic mineral resources and the provision of related handling and trans-
                             portation facilities.

    (2)  Geological Survey   Responsible for identification of the nation's natural resources through tech-
                             nical and scientific research including mapping of physical, hydrologic and
                             cultural features, topography and geology.

    (3)  Army Corps of       Responsible for identifying and testing of offshore sand and gravel and other
         Engineers           borrow materials for use in construction and maintenance of civil works pro-
                             jects. The availability of low cost construction materials is recognized as
                             an essential factor in the economic feasibility of shore protection, beach
                             nourishment, flood protection and navigation projects.

    PRESERVATION OF LIFE
    AND PROPERTY
    (1)  Federal Insurance   Administers the National Flood Insurance Program which provides subsidized
        Administration       flood insurance to homeowners living in communities participating in the
                             program. Is responsible for ensuring that participating communities implement
                             required land use controls.

    (2)  National Ocean      Collects and assesses data on tides, currents, storms.  Goals are to provide
         Survey              basic geodetic control network for accurate mapping, charting, etc., to con-
                             tribute to better understanding of the nearshore marine environment.

    (3)  Army Corps of       Supports National Flood Insurance Program by mapping flood prone areas.  Pro-
         Engineers           vides technical assistance to states and municipalities for preparation of flood
                            plain management regulations.  Builds flood and storm protection structures.

                             * FEA, FPC, ERDA & the NRC have all been incorporated into the Department of
                             Energy as of October 1, 1977.

                                              322

     4.6-1  ENERGY PRODUCTION AND TRANSMISSION

                In determining the national interest in energy production and transmission,
           the following legislation and federal agencies were consulted:

                - The National Energy Plan, April 29, 1977
                - The Federal:Power Commission
                - The Federal Energy Administration
                - The Bureau of Land Management
                - The Maritime Administration
                - The U.S. Geolog ical Survey
                - The Department of Transportation
                - The U.S. Army Corps of Engineers
                - The Energy Research and Development Administration
                - The Nuclear Regulatory Commission

                The most useful articulation of the natiora.l interest in energy is found
           in the National Energy Plan.  There are three overriding objectives:

                - as an immediate objective that will become even more important in
                  the future, to reduce dependence on foreign oil and vulnerability to
                  supply interruptions;
                - in the medium term, to keep U.S. imports sufficiently low to weather
                  the period when world oil production approaches its capacity limitation;
                  and
                - in the :long term, to have renewable and essentially inexhaustible
                  sources of energy for sustained economic growth. (Plan Overview, p. IX)

           The salient features of the National Energy Plan are:

                - conservation and fuel efficiency,
                - national pricing and production policies,
                - reasonable certainty and stability in:Government policies,
                - substitution of abundant energy resources for those in short supply;
                  and
                - development of nonconventional technologies for the future  (Plan
                  Overview, PP IX-X)

                Elements of the R.I. Coastal Resources Management Program that are par-
           ticularly applicable to the national interest in energy may be summarized
           as follows:

                - The Council has jurisdiction over power generating plants and
                  petroleum processing, transfer or storage (Chapter 6).
                - The Program recognizes that conservation must be an essential component
                  of any energy plan (Section 240).:
                -: The Council shall cooperate with the Governor's Office of Energy
                  Conservation.
                - The program recognizes that oil and gas under Federal ownership on
                  the Outer Continental  Shelf (OCS) are important national assets.

                                       323

           Rhode Island has already contributed to the possible development of this
           resource by providing land at Davisville for OCS support industries
           involved in exploratory drilling on Georges Bank and in the Baltimore
           Canyon.  Section 540.2 of this Program discusses the detailed planning
           already accomplished in anticipation of OCS oil and gas support
           bases in Rhode Island. OCS related industries and activities are
           designated as a high priority use for the excessed Navy lands at
           Davisville .
         - "Due to its extremely high costs and safety problems, LNG is not a
           long-term secure substitute for domestic natural gas.  It can,
           however, be an important supply option through the mid 1980's and
           beyond, until additional gas supplies may become available," (p. 57
           of the National Energy Plan).  Section 640.2 of this Program dis-
           cusses LNG storage and processing. Detailed policies and regulations
          over LNG will be developed by September 30, 1978; broad policies
           and concerns, however, have been set forth. LNG facilities have
           not been excluded from the shoreline or coastal region.
         - "The United States will need to use more light water reactors to
           help meet its energy needs. The Government will give increased
           attention to light water reactor safety licensing and waste manage-
          ment so that nuclear power can be used to help meet the U.S. energy
           deficit with increased safety."  (p. 70 of the Plan).  Section 620
           of this Program discusses nuclear power plants but detailed findings,
           policies and regulations will not be developed until September 30, 1978.
           Nuclear power plants are not excluded from the shoreline or coastal
           region. A nuclear power plant is being considered for Charlestown
           in southern Rhode Island.
         - Section 630 of this Program also sets forth findings, policies and
           regulations for the transfer of petroleum products and the bulk
           storage of petroleum. The topics to be considered in meeting the
           requirements of Section 305 (b)(8) of the Coastal Zone Management Act
           are described in Section 610.
         - Section 240 of this Program treats native energy resources.

         In balancing the national interest in energy production and transmission
    other resources and facilities in the national interest, this program has
    designated valuable natural features and habitats for preservation and restora-
    tion (see foldout map). However, the Program recognizes that coastal wet-
    lands may have to be disturbed if the proposed activity is clearly in the
    public interest and no reasonable alternative exists (Section 120.0-2). In
    considering the placement of subsea pipelines, policies and regulations have
    been-set forth that ensure that every practicable effort is made to protect
    fishing grounds and minimize impact to the coastal environment. The Program
    sets forth burdens of proof for applicants proposing alterations to the
    coastal region to ensure that environmental concerns are fully considered
    and that all'practicable steps are taken to protect the integrity of the
    coastal ecological systems.

                                       324

    4.6-2  RECREATION

                In determining the national interest in Recreation, the following documents,
           legislation and federal agencies were consulted:

                - The Nation-Wide Outdoor Recreation Plan
                - Historic Preservation Act-Public Law 89-665
                - Land & Water Conservation Fund Act
                - State Comprehensive Outdoor Recreation Plan (SCORP)
                - Bay Islands Park Plan
                - Bureau of Outdoor Recreation
                - National Parks Service
                - Fish and Wildlife Service

           Major objectives of the national interest in recreation are:

                - Recreation should be considered as an equal among  competing uses of
                  the coastal region.
                - To provide high quality recreational opportunities to all people
                  of the United States while protecting the coastal environment.
                - Increase public recreation in high density areas
                - Improve coordination and management of recreation areas
                - Pirotect existing recreation areas from adverse contiguous uses
                - Accelerate the identification aid no-cost 'transfer of surplus and
                  under-utilized federal property.

                The Rhode Island Coastal Resources Management Program has incorporated
           the national inter-st in the following manner:

                - The Rhode I'sland Coastal Resources Management Program has incorporated
                  the State Comprehensive Outdoor Recreation Plan (SCORP), which is.
                  consistent with the National Outdoor Recreation Plan.
                - Rhode island recognizes that certain of it recreational facilities,
                  especially its beaches,  parks and historic sites and districts
                  greatly contribute to the national interest in recreation.
                - Public beaches and parks and historic sites have been designated as
                  areas to be preserved and restored (see Foldout map).
                - Goal 4 for the management of the Rhode Island coastal region expresses
                  the Council's commitment to recreation.
                - The Council has designated three of Rhode Island's estuaries - the
                  Kickamuit, Sakonnet and Pettaquamscutt Rivers - as Multiple Use
                  Recreation Estuaries and two Rhode Island estuaries - Pawcatuck
                  River Estuary and Little Narragansett Bay and the Warren River -
                  as High Intensity Recreation Estuaries.
                - The Council has adopted specific priorities, policies and regulations
                  for the above designated estuaries to insure that their recreational
                  values are preserved and enhanced (Section 110.0-2).
                - The Council has adopted findings, policies and regulations on Public
                  Beaches and Parks  (Section 420) which requi-re that proposed activites
                  on or contiguous to such areas will not significantly interfere with or
                  *    damage the recreational use or value of the affected beach or park.
                - The Council has endorsed the concept of a'Bay Islands Park System in
                  Narragansett Bay  (Section 470).  The realization::of this concept
                  depends on the acqui'sition of several parcels of-excessed Navy property.
             A  :  This system is designed to provide  high quality recreational opportunities
                  -to the state's large urban population.

    4.6-3  NATIONAL DEFENSE AND AEROSPACE

                To determine the national interest in national defense and aerospace
           the following agencies and entities were consulted among others: 1

                        Commandant, First Naval District
                        Office of the Assistant Secretary of Defense

                Major objectives of the national interest in national defense
           and aerospace are:

                        To ensure the sovereignty of the nation and protect its
                       citizens agaihst physical- harm or expropriation.
                        To establish and maintain those facilities necessary
                        to carry out the first objective.

                The clearcut and overriding importance of national defense is
           recognized by the Rhode Island program. Although the Naval presence
           has declined in recent years, military commands are located in the
           Rhode Island coastal region, and the establishment of new defense
           facilities for national security reasons remains a possibility. The
           Rhode Island program excludes from its jurisdiction federally owned,
           or leased land and facilities (See Figure C-2).

                The Rhode Island program will not question national security
           as a justification for new.or expanded defense facilities.
           Rhode Island will make every effort, however, to ensure maximum
           conformance with the Rhode Island program through investigation of
           alternative sites and mitigation methods. It is Rhode Island's
           understanding that defense agencies conform to the Rhode Island
           Coastal Resources Management Program to the maximum extent practicable.
           Federal consistency mediation procedures will be used as necessary.

    4.6-4  REGIONAL WATER TREATMENT PLANTS

                In determining the national interest in regional water treatment
           plants, the following Acts and federal agencies have been consulted:

                     - Federal Water Pollution Control Act of 1972
                     - U.S. Environmental Protection Agency

                The major objective of the national interest in regional water
           treatment plants is to provide adequate funds for sewage treatment
           facilities so that the pollution of our nation's waters can be abated.

                In addressing this objective, the Rhode Island Program recognizes
           that concomitant with the Program's support of the attainment of
           national water quality goals (See Air and Water above), adequate sewage
           treatment plants must be accomodated in the coastal region.

           1 The federal agencies listed do not include all agencies with an interest
                in each subject, rather the list includes the agencies that contributed
                substanitive input on a particular subject during the development of the
                Rhode Island Program.

                                              326

                    -  The Council has express jurisdiction over sewage treatment
                       and disposal (46-23, G.L.R.I.)
                    -  The Council is cooperating with the Rhode Island Areawide
                       Water Quality Management Planning Program which is
                        identifying alternatives for meeting wastewater treatment needs.

               The national interest in sewage treatment plants is balanced with
          national interests in water quality and living marine resources by the
          Council's adoption of specific rules and regulations for sewage
          treatment and disposal (Section 310.0-2C).  These regulations require that
          the applicant demonstrate that the coastal resource is capable of
          supporting the proposed treatment plant by meeting a number of
          specific burdens of proof (See Section 310.0-2.C.2)

    4.6-5 TRANSPORTATION:

               in determining the national interest in transportation the following
          documents and Federal Agencies were consulted:

               - Department of Transportation Act (49 U.S. 1651, et. seq.)
               - Railway Safety Act of 1970 (45 USC 421)
               - Coast Guard, Primary Dutites (14 USC 2)
               - Department of Transportation
               - Maritime Administration
               - Interstate Commerce Commission
               - U.S. Army Corps of Engineers

          The major objectives of the national interest in transportation are:

                 To develop a balanced national transportation system including wel~l
                 articulated and integrated surface, air, water, and subsurface modes.
               - To provide fast,  safe, efficient and convenient access via one or more
                 modes of transportation for the movement of people goods and services
                 to, from, and through the coastal region.

          These objectives relate to the Rhode island Coastal Resources Management
          Program in the following manner:

               - Facilities for the various modes of transportation presently exist in
                 the Rhode Island coastal zone.  Plans for expansion, improvement
                 or development of new facilities, with the associated impacts these
                 may have, been considered in the framing of the findings and policies in
                 this document.(see Sections 520 and 550).
               - The program states (Section 520.1-2) that port related industrial-
                 commercial development is the highest priority use of the Providence
                 and East Providence shorelines within the Port of Providence.  The
                 ;highest priority uses of the Port of Galilee are those related to
                 commercial fishing.  Several uses are listed as priority items for
                 the Port of Newport (Section 520.2-2).
               - The Council has recognized the crucial importance of dredging navigation
                 channels (Sections 520.1-2 and 530) to maintain and expand port
                 related activities.
               - Existing major roads, airports and transit plans have been examined
                 (Section 550) and burdens of proof have been defined to insure that
                 new transportation facilities do not significantly damage the coastal

                           327

    environment or conflict with Council plans or programs for the
    coastal region.
    The Council shall cooperate with agencies preparing environmental
    impact statements for transportation facilities to ensure that
    coastal issues-and impacts are fully considered (Section 550.0-2).

                                               328

    4.6-6  PRIME AGRICULTURAL LANDS AND FORESTS

                In determining the national interest in prime agricultural lands
           and forest the following legislation and federal agencies were consulted.

                     -  Soil Conservation Act of 1935 (P.L. 74-46)
                     -  Watershed Protection and Flood Protection Act of 1955 (P.L. 93-566)
                     -  Food and Agricultural Act of 1962 (P.L. 87-703)
                     -  The Soil Conservation Service
                     -  The Fish and Wildlife Service
                     -  The National Forest Service

                Although there are no agricultural lands or forests classified
           as prime, according to national criteria, the major objectives of the
           national interest in prime agricultural lands and forests in the
           coastal zone are:

                        To maintain and develop food and fiber production in light
                        of the growing worldwide importance of foodstuffs
                        To plan and finance watershed conservation projects as
                        a protection against soil erosion
                        To manage forest resources in a manner that ensures
                        their continuing availability and productivity

    4.6-7  LIVING MARINE RESOURCES

                 In determining the national interest in living marine resources
            the following documents, specific legislation, and agencies were consulted:

                      -  A Compilation of Federal Laws relating to Conservation
                         and Development of our Nation's Fish and Wildlife
                         Resources, Environmental Quality, and Oceanography.
                         The Library of Congress, Congressional Research Service.
                         January, 1975.

                      -  A Marine Fisheries Program for the Nation.  U.S.
                         Department of Commerce.  July 1976.

                      -  Fishery Conservation and Management Act of 1976.
                         (P.L. 94-265)

                      -  Fish and Wildlife Service

                      -  Army Corps of Engineers

                      -  National Marine Fisheries Service

                                          329

         The major objectives of the national interest in living marine
    resources as expressed are as follows:

              To conserve, enhance and manage in a rational manner
              commercial fishing which constitutes a major source
              of employment and contributes significantly to the
              food supply, economy and health of the nation.

              To strengthen the contribution of marine resources to
              recreation and other social needs.

              To develop and protect all species of wildlife,
              resources thereof and their habitat, and to control
              losses by damage to habitat areas through coordination
              with other features of water resource development
              p rog rams.

    The salient features of the national interest in living marine
    resources are, therefore:

              -  emphasis  on commercial fisheries
              -  relationship of marine resources to recreation
              - protection of marine resources
              - protection of wildlife habitat

    Elements of the national ir.terest in living marine resources with
    particular application to the Rhode Island Coastal Resources
    Program are as foll-ows:

    1) Emphasis on Commercial Fisheries

                 The Rhode Island Coastal Resources Management Program
                 strongly supports a vigorous fishing industry.
                        The Council has adopted specific policies and
                        regulations on the state's major fishing ports -
                        Pt. Judith and Newport (Section 520.2-2) which
                        clearly give highest priority to uses and
                        activities necessary to support the state's
                        flourishing commercial fishing industry.
                        The Council has adopted policies on marine fish
                        and fisheries (Section 210.0-2) which clearly
                        give priority attention to the protection of
                        fishing grounds.
                        The Council has designated commercial fishing as
                        a high priority use of all SA waters (Section 210.0-2A).
                        The Council through its policies and regulations
                        for tidal waters and coastal ponds (Section 110.2-2)
                        works to preserve and protect habitats essential
                        to the maintenance of important fish populations.

                                               330

             2)  Relationship of Marine Resources to Recreation

                          The Rhode Island Coastal Resources Management Program
                          emphasizes the importance of public use and enjoyment
                          of its varied marine resources.
                                 The Council has adopted policies and regulations
                                 to protect the public's Rhode Island constitutional
                                 right of access to the shore (Section 410.0-2)
                                 The Council has endorsed the Bay Island Park System
                                 concept which will make many previously unavailable
                                 marine resources accessible to a multitude of
                                 Rhode Islanders and visitors from the rest of the
                                 nation (Section 470.0-2)

             3)  Protect Marine Resources

                          The Council requires that any applicant for a Council
                          permit for any development or activity within their
                          jurisdiction    meet a number of burdens of proof.
                          Among them is that the proposed action will not
                          significantly damage the coastal environment; more
                           specifically that the proposed activity shall not
                          adversely impact the productivity and commercial
                           value of prime fishing grounds  (Section 210.0-2.B.3).

             4)  Protect Wildlife Habitat

                          The Rhode Island Coastal Resources Management program
                           recognizes the need for the protection of wildlife
                          habitat.
                                 The Council has adopted policies and regulations
                                 which give protection to important wildlife
                                 habitats - Shoreline Systems (Section 110.0-2);
                                 Tidal Waters and Coastal Ponds (Section 120.0-2)
                                  and Conservation and Management Areas (Section
                                  430.0-2).

                   Other national interests in energy production and transmission
              and transportation are weighed against national interests in living
              marine resources with the result that the planning for and siting
              of such national interest facilities must avoid damage to the
              coastal environment.  An applicant must demonstrate that the
              Coastal Resources are capable of supporting the  proposed activity
              including the potential impacts and/or effects on:';

      0 0

                                              331

                     - bottom communities, fishing grounds, shellfish
                        beds, marine spawning and nursery grounds
                        (Section 550.0-2.H.3)
                     - public access to and recreational enjoyment of
                        public parks and beaches (Section 550.0-2.E.1)
                     - uses or activities to which a resource is allocated
                        by a Council Plan or Program (Section 610.2-2.A)

    4.6-8 ENDANGERED FLORA AND FAUNA

                In determining the national interest in endangered fauna and flora,
           the following legislation was considered: The Endangered Species Act
           of 1973 (P.L. 93-205).   The major objectives of the national interest
           in endangered flora and fauna are:

                     - to provide a means whereby the ecosystems upon which
                        endangered and threatened species depend may be conserved.
                     - to provide a program for the conservation of such endangered
                        and threatened species.
                     - to take steps as may be appropriate to achieve the purposes
                        of treaties and conventions in which the United States has
                        pledged its support for the conservation of wild flora
                        and fauna worldwide.

                Elements of the national interest in endangered species with
           particular application to the Rhode Island Coastal Management Program
           are as follows:

                     - Many recognized important habitats are protected through
                        the designation of Areas for Preservation and Restoration
                        (See page  305    )
                     - Council policies and regulation for tidal waters and
                        coastal ponds (Section 110.0-2), Shoreline Systems
                        (Section 120.0-2) insure the protection of important
                        coastal habitats
                     - The Rhode Island Program found that important terrestrial
                        habitats were adequately regulated by existing state
                        laws and management programs.

    4.6-9 WETLANDS

                In determining the national interest in wetlands the following
           documents and federal agencies were consulted:

                     -  Section 404 of the Federal Water Pollution Control Act,
                     - The National Environmental Policy Act of 1969 (42, U.S.C. 4321)
                     - The May 24, 1977 Executive Order - Protection of Wetlands
                     - Fish and Wildlife Service
                     - U.S. Army Corps of Engineers
                     - Soil Conservation Service

                                      332

         The major objectives of the national interest in Wetlands are:

                 To protect basic values of wetlands as habitat and food
                 sources for waterfowl and aquatic life;
                 To protect the functioning of wetlands for flood prevention,
                 storm buffering, water supply, nutrient exchange, and as
                 a recreational resource.
                 To regulate alteration of wetlands and the disposal of
                 dredged materials in U.S. waters and associated wetlands.

    Elements of the national interest in coastal and freshwater wetlands
    as these apply to the Rhode Island Coastal Management Program are as follows:

              -  The preservation of Rhode Island's nearly 4000 acres of
                 coastal wetlands is clearly in the national interest.
                 Rhode Island's marshes contribute to the productivity of;
                 the Northeastern coastal ecosystem and are especially
                 important to migrating birds.
              -  The many values of wetlands are recognized by the Council
                 in their findings on coastal wetlands (Section 120.4)
                 and in the designation of coastal wetlands as areas
                 for preservation and restoration.
              -  Development or alteration of coastal wetlands or
                 areas contiguous thereto require a Council permit
                 (Section 120.4)

         Wetland alterations are permitted only if the applicant can
    demonstrate that the proposed alteration will not significantly damage
    the biologic and/or hydrologic processes within or affecting the
    wetland.  These regulations are balanced against other national
    interests as follows:

              -  The Council may permit disturbances to biologic and
                 hydrologic processes within or affecting a coastal
                 wetlands only where it is demonstrated by clear
                 and convincing evidence that a bona fide benefit
                 to the public welfare will result and that no
                 other reasonable alternative exists (Section 120.4)
              -  The Council's commitment to coastal wetland preservation
                 is clear in their permit granting record.   Since its
                 inception in 1971, only one permit to alter a wetland has
                 been granted (for an aquaculture operation) and the permit
                 stipulated that the marsh must be restored when the
                 project is terminated.

         Rhode Island's freshwater wetlands are protected and managed
    primarily through the Freshwater Wetland Act of 1971 (20-1-18 to 25,
    G.L.R.I.) as administered by the Department of Environmental Management.
    The Council reviews all applications for alterations to freshwater
    wetlands in the coastal region.

                                              333

    4.6-10 HISTORIC SITES AND DISTRICTS

                  In determining the national interest in historic sites and districts
            the following documents and federal agencies were consulted:

                      -  The Antiquities Act of 1906 (34 STAT  225)
                      -  Historic Sites Act of 1935 (49 STAT 666)
                      -  Archaeological and Historical Preservation
                          Act of 1974 (P.L. 93-291)
                      -  National Historic Preservation Act of 1966
                           (Executive Order 11593), amended under the Land and Water
                          Conservation Fund Act of 1976.
                      - National Environmental Policy Act of 1969
                      -  National Park Service

            The major objectives of the national interest in historic sites and
            districts are:

                      -  To afford protection to significant historic (including archaeological)
                         sites from adverse impacts.
                      -  To consider cultural resources in assessing the environmental
                         impacts of proposed activities.

            Elements of the national interest in historic sites and districts as these
            apply to the Rhode Island Coastal Resources Management Program are as follows:

                      -  Rhode Island's coastal region is rich in historic sites
                         and districts which clearly contribute to the national interest
                      -  The Council has adopted specific policies and regulations
                         which give high priority to the preservation and restoration
                         areas and sites of historical and archeological significance.
                         The Council requires modification to proposed alterations
                         contiguous to designated historic sites which have a
                         reasonable probability of causing structural damage to
                         the site (Section 450.0-2.B).
                      -  The Council evaluates all proposals subject to its review
                         or permitting authorities including national interest
                         facilities for their impact on historic sites, buildings,
                         or districts (Section 450.0-2.C).
                      -  Historic sites and districts are designated as geographic
                         areas of particular concern designated for preservation
                         and restoration (page 305).
                      -  The Council has developed coordinating procedures with the
                         Rhode Island Historic Preservation Commission whereby the
                         Council routinely sends all permit applications to the
                         Commission for review and comment, and the Commission notifies
                         the Council of all additions of historic and cultural features
                         to the Federal or State Registry.

    4.6-11 AREAS OF UNIQUE CULTURAL SIGNIFICANCE

                 See Historic Site and Districts

                                              334

    4.6-12  FLOOD PLAINS, EROSION HAZARD AREAS AND BARRIER BEACHES

                 In determining the national interest in flood plains the following
            documents, legislation and federal agencies were consulted:

                      -  Flood  Disaster Protection Act (P.L. 93-234)
                      -  National Flood Insurance Act of 1968 (P.L.
                      -  Water Resources Development Planning Act of 1974
                          (P.L. 93-251)
                         The President's Executive Order on Floodplain Management
                          (May 24, 1977)
                         The Federal Insurance Administration
                      -  Department of Housing and Urban Development
                         U.S. Army Corps of Engineers

                 The major objectives of the national interest in these areas is to
            avoid the long and short term adverse impacts associated with the
            occupancy and modificiation of floodplains.

                 The Rhode Island Coastal Resources Management Program has incorporated
            the national interest in floodplains, erosion hazard areas and barrier beaches
            through the adoption of specific policies and regulations,
                      -  The state's barrier beaches are the areas most subject to
                         damage from flooding (located in theV-zoneT and erosion
                         (Sections 130.0-1 and 140.0-1).
                      -  The Council has restricted development on barrier beaches
                         (Section 120.0-2)
                         The Council has adopted regulations more stringent than
                         those set forth  by the Federal Flood Insurance Program
                         for the construction of structures located on developed
                         barrier beaches (Section 130.0-2.A.12)
                      -  All Rhode Island communities subject to flooding are
                         in the emergency or regular phase of the National
                         Flood Insurance Program
                      -  Through the adoption of specific regulations (Section
                         140.0-2), the Rhode Island Program clearly favors non-
                         structural over structural measures for the control of
                         erosion and flood control (140.0-2.A; 130.0-2.A and B).

    4.6-13 AIR AND WATER

                 In determining the national interest in both air and water, the
            following acts and federal agency.have been consulted:

                         -  Federal Water Pollution Control Act (1972)
                         -  Federal Clean Air Act  (P.L. 93-319)
                         U.S. Environmental Protection Agency

                 The major objectives of the national interest in air and water
            isl to provide the citizens of the United Stated with air and water
            quality that will enhance their quality of life.

                 The Rhode Island Coastal Resources Management Program has
            considered the national interest  in air and water by:

                                                335

                      -  incorporating federal air and water pollution control
                         standards into the Rhode Island Coastal Resources
                         Management Program (The Council is required by its
                         enabling legislation 46-23-6A(d)) to develop
                         Management programs consistent with water quality
                         standard set by the Department of Environmental
                         Management (see Sections 310.0-2 and 330.0-2).
                      - adopting policies which ensure coordination between
                         the Council and the Rhode Island Departments of
                         Environmental Management and Health, the '208' Regional
                        Waste Water Treatment Planning Program and Region I of
                         the U.S. Environmental Protection Agency

    4.6-14  WILDLIFE  REFUGES AND RESERVES

                 In determining the national interest in wildlife refugees
           and reserves the following agencies and specific legislation were
            consulted:

                      - Federal Aid to Wildlife Restoration Act of 1938
                          (Pittman-Robertson).
                     - U.S. Department of Interior - Fish and Wildlife Service

                The major objectives of the national interest in wildlife
            refuges  and resources are as follows:

                     - To protect and manage all species of wildlife and
                         to control losses to habitat areas
                     - To strengthen the contribution of wildlife resources
                         to recreation and other social needs.
                     -  To provide for the acquisition and management of
                        suitable wildlife conservation and managment areas
                        where research investigation, and other wildlife
                        programs can be facilitated.

                Elements of the national interest in wildlife refuges and reserves
           which specifically apply to the Rhode Island Coastal Management Program
           are as follows:

                     - Federally owned refuges and wildlife preserves are excluded
                        as federal lands from the provisions of the Rhode Island program
                     - Many coastal locations of significant value as wildlife habitat
                        have been designated in the Rhode Island Program as Areas of
                        Preservation or Restoration. These include coastal wetlands,
                        coastal ponds, and all Conservation and Management areas within
                        the coastal region (Page 305 ).
                     - The Council's Policies and Regulations state that proposals
                        to alter lands or waters within or contiguous to an area
                        committed to conservation or wildlife management purposes
                        must demonstrate that the   primary values for which the
                        area was designated will not be significantly affected
                         (Section 430.0-2B).

                                                336

                         The Council has determined that the Rhode Island Department
                         of Environmental Management is the primary management agency
                         relative to wildlife resource programs and that no
                         additional Council regulations specific to wildlife were needed
                         at this time.
                         As part of its '306' program the Council will in cooperation
                         with the Department of Environmental Management investigate the
                         need for additional conservation and wildlife management
                         areas in the coastal region and identify appropriate sites
                         (See Appendix D).
                         The Council recognizes the importance of wildlife as a
                         recreational resource in its findings on Wildlife
                         (Section 250.4).

    4.6-15  MINERALS

                 In determining the national interest in Minerals and Mineral
            extraction the following legislation and federal agencies were
            consulted:

                      -  Mineral Leasing Act of February 25, 1920 (41STAT. 437)
                      -  Bureau of Mines
                      - U.S. Geological Survey

                 The major objectives of the national interest in this area is: to
            stimulate private industry, to provide for the nation's mineral needs
            in a manner that best protects the public interest and to provide
            scientific and technical assistance in defining the nation's mineral resources.

                 These objectives relate to the Rhode Island Coastal Resources
            Management Program in the following manner:

                         Rhode Island has abundant sand and gravel resources
                         both on land and in its coastal waters; only on-land
                         resources are presently exploited commercially (Section 230.0-1)
                         The state's only other known potentially important mineral
                         resource is coal (Section 240.0-1B)
                         The Council has adopted specific policies and regulations
                         for minerals extraction which bal ance the national interest
                         in mini:ng with the national interests in the protection
                         of wetlands and other shoreline systems and living
                         marine resources.: More specifically the Council:
                                requires notification of all mineral extraction activities
                                in the state and requires permits for all such
                                activities where it finds a reasonable probability of
                                impacts on adopted resource management plans
                                or programs and/or damage to the coastal environment
                                The Council has prohibited the mining or quarrying
                                of any material from :cliffs, bluffs, wetlands
                                or beaches abutting tidal waters (Section 230.0-2.B):

                                         337

                       The Council has placed a moratorium on the mining
                       and extraction of minerals from the territorial
                       waters of Rhode Island until such time as
                       sufficient technical and research data is shown
                       to the Council to demonstrate under what conditions
                       said mining and extracting may be carried out without
                       adversely altering the marine environment or conflicting
                       with other uses of tidal waters (Section 230.0-2C.1)
                       The Council enacted this moratorium in 1975 after
                       lengthy consultation with representatives of the
                       industry; marine sand and gravel mining is not
                       expected to become a reality in Rhode Island within
                       the next 10-20 years.
                       The Council continues to sponsor research on the impacts
                       of marine mining on the coastal environment.

    4.7 Continuing Consideration of the National Interest in Facility Planning
         and Siting During Program Implementation
                The Rhode Island process for continuing consideration of the
         national interest in facility planning and siting has three basic
         components:
                (1) Opportunities for ongoing federal agency input to the
                     program and its planning processes through participation
                     in quarterly meetings of the Federal Advisory Committee;
                (2) Routine notice and opportunity to review and submit formal
                     comment or testimony on all proposed policy development,
                     regulatory or other permitting actions of the Council
                     afforded to all parties, public or private, interested
                     in the impact of such actions on the national interest.
                (3)  Opportunities for continued federal-state interaction
                     regarding actions and activities subject to the various
                     provisions of Sections 307 (c) and (d) CZMA including
                     most particularly procedures for certification of program
                     consistency and resolution  of disagreements between the
                     state, private parties and interested federal agencies.

                Each of these components of the state program provides avenues
         for continuing consideration of the national interest which are re-
         flected in detailed procedures set forth elsewhere in this document
         as follows:
                (1) Appendix C-4 (2) and (5) describe the history, functions
                     and purpose of the Federal Advisory Committee.
                (2) Appendix B describes the various administrative procedures
                     whereby the Council promulgates rules and regulations,
                     provides notice of actions before it, receives comments
                     and testimony on those actions and makes final determina-
                     tions. It further describes the specific avenues of legal
                     redress available to parties aggrieved by Council actions.
                     These procedures set forth the specific administrative
                     mechanisms through which the Council's articulation of the
                     national interest as expressed in the various Policies and
                     Regulations contained in Part II of the Program are imple-
                     mented.

                                           337a

                 (3)  Appendix C-5, immediately following, describes specific
                      procedures and mutual obligations for implementing ongoing
                      federal consistency requirements of CZMA.

                 It is the state's belief that as summarized above the Rhode Island
          Coastal Resources Management Program provides numerous and specific
          avenues and points of input for the exchange of information and view-
          points between all parties  interested in the national implications of
          a wide variety of facility planning and siting actions.  The state
          further contends that through these avenues such information and view-
          points can regularly and expeditiously be expressed in coastal planning
          and regulation.

     4.8  Unreasonable Restrictions or Exclusions of Uses of Regional Benefit
           in the Coastal Region

    4.8.1  Definition:

                  Legislative criteria for identifying local actions and/or
           decisions which by their nature, size or consequences are, or may
          be, of more than local significance are set forth under Title 46,
           Chapter 23 of the General Laws, as is discussed in Appendix A,
          Section 1.5.  Specific facilities and uses deemed as of regional
           benefit and/or national interest are identified in Appendix C,
           Section 4.6.  Application of the above referenced criteria to these
           identified facilities and uses indicates those categories or types
          of local decisions or actions which are likely to be found unreason-
           able.

    4.8.2 Techniques and Authorities at the State Level:

                 The Council finds that there presently exists a sufficient
          number of sites properly zoned and serviced within the State of
          Rhode Island to meet the foreseeable demand for facilities which
          serve the regional benefit.
                 Provision for these sites is found in relevant local com-
          prehensive plans and relevant zoning ordinances as they exist at
          this time.
                 Any future modifications of the zoning ordinances must be
          consistent with the comprehensive plan which in turn must be in
          general conformity with-the goals, objectives and ploicies in ap-'.
          plicable State Plans or elements thereof.  For the purposes of
          this section as they relate to the Coastal region, the Coastal
          Resources Management Program is the element of the applicable
          State Plan to which conformity is mandated.
                 Therefore, the Council can insure for the continued pro-
          vision of adequate, suitable sites in accordance with the Coastal
          Resources Management Plan.

                                    337b

    4.9 Coordination with Neighboring States:

               During the process of program development, Rhode Island has and
        continues to.coordinate management efforts and address common issues with
         the neighboring coastal states of New York, Connecticut and Massachusetts
         through both direct contacts and participation in regional bodies, most
        particularly the New York-New. England Coastal Zone Task Force.  Direct
        contacts include the following:

                (1) Ongoing meetings and other communications with represen-
                    tatives of the State of Massachusetts have been initiated
                    to the end of opening up Brown's Ledge on the common
                    boundary to disposal of dredged material from the ports
                    of Providence, RI and Fall River, MA. Considerable contro-
                    versy is associated with this effort which remains an
                    unresolved issue between the two states.

                (2) Legal staff working under Rhode Island's Director of Energy
                    Capability are engaged in negotiations with the states of
                    New York and Massachusetts on the status and extension of
                     lateral seaward boundaries. Negotiations in both cases
                    have been complicated by the allocation formulae stipulated
                     in the recent CEIP amendments to the Coastal Zone Manage-
                    ment Act. In neither case have these negotiations been
                    concluded.

                (3) Meetings between Massachusetts and Rhode Island Coastal
                    Management personnel have been held on the introduction
                    of pollutants into Narragansett Bay from Mount Hope Bay in
                    Massachusetts. This is a problem of mutual concern to both
                    states which their coastal programs address through the
                    various water quality standards and requirements incorporated
                     in them. In addition, the states participate in the New
                    England Interstate Water Pollution Control Commission which
                    establishes water quality standards for interstate waters.
                    Working contacts have been established between the two
                    states in preparing water quality management plans for inter-
                    state water bodies under Section (303(e) of FWPCA and between
                    Rhode Island and the regional agency in Massachusetts respon-
                    sible for 208 areawide waste treatment management.

               As noted, Rhode Island has also participated actively in the
        New York-New England Coastal Zone Task Force and its representative is
        presently the Chairman of this body which serves as a forum for informa-
        tion exchange among state coastal program directors, program updating
        and formulation of regional positions on issues of joint concern such
        as OCS operating orders.

                                        338

    C.5  Consistent Federal Actions

    5.1 Federal Activities and Development Projects:

         (1)  Federal agencies shall provide the Council routine and timely
             notification of all. proposed activities and development projects
              located or proposed to be located in the Rhode Island coastal
              region (defined as the state's 21 coastal .municipalities).

         (2)  They shall further provide the Council such notification of all
             proposed direct federal activities and development projects likely
              to directly affect (as defined in 930.32 Federal Register, Vol. 42,
             No. 167) but not actually located in the state's coastal region.
              Such activities and projects include, but are not limited to
              planning, construction or modification of major facilities or
              installations within the state of Rhode Island but not within the
              coastal region.

         (3)  The Council shall construe "timely notification" as follows:

               a. Notification must be in writing and submitted at the earliest
                    practicable time, at a minimum, 90 days prior to the stage
                   at which alternatives to the proposed action may no longer
                    reasonably be considered.
                b.  Notification should be-submitted directly to the Council.
                c.  Notification must indicate the involved agency's assessment
                    of its consistency or lack thereof with applicable provisions
                   of the Rhode Island Coastal Resources Management Program.
                    Such assessment must address effects and consistency with
                    specific Council Management Regulations and Policies.
                d.  Notification shall describe the proposed action or project
                    in sufficient detail, including as appropriate facility
                    development plans, maps, engineering drawings, or other data
                    and information, that the Council may independently evaluate
                    its consistency with specific Management Regulations and
                    Policies and the various permissibility standards and criteria
                    contained therein.

         (4) The Council shall notify-in writing federal agencies proposing
              activities and development projects, under this section, of its
              agreement or disagreement with their consistency determination
             within 45 days of receiving said determination and supporting
              documentation as described under (3), c and d, above; provided
              that the Council may where necessary request an additional 30
              days to evaluate and respond to federal agency determinations
              pursuant, to 930.42(b) of proposed NOAA regulations.

         (5)  Where the Council disagrees with an agency determination of
              consistency it shall indicate the nature of its objection with
              specific reference to applicable Management Regulations and
              Policies as contained in the Coastal Resources Management Pro-
              gram.  It shall further recommend alternatives to or modifica-
              tions of the proposed action that would'render it consistent with
              said applicable provisions.  A copy of such notification shall be
              forwarded to the Associate Administrator for Coastal Zone Manage-
              ment.

                                        339

        (6)  It shall be the Council's policy to resolve state-federal
             disagreements on the consistency of proposed actions
             and developments through direct negotiation and consultation
             with the affected agency.  It is the Council's belief that
             the majority of disagreements can be amicably resolved
             in this manner. The Council may also utilize the Federal
             Advisory Committee as a forum for cooperatively resolving
             federal consistency disagreements.

    5.2 Federally Licensed and Permitted Activities:

        (1) Federal agencies shall not approve any license or permit for
             which requisite state permits or licenses required under the
             various provisions of the Rhode Island Coastal Management
             Program have not been obtained. Such federal licenses and
             permits shall include most particularly:

             (a) Permits required from the Army Corps of Engineers for:

                  -'discharge of'dredged or fill material in navigable
                    waters pursuant to Sec. 404 of the Federal Water
                    Pollufion Control Act of 1972, as amended;

                  - obstructions or alterations in navigable waters
                    pursuant to Sec.'s 9, 10, 11, and 14 of the Rivers
                    and Harbors Act of 1899;

                  - transportation of dredged material in navigable water:;
                    pursuant to Sec. 103 of the Marine Protection, Research
                    and Sanctuaries Act of 1972.

             (b)  Permits required from the U.S. Coast Guard for:

                  - construction of bridges over navigable waters pursuant to
                    33 USC 401, 491 - 507 and 525 - 534;

                  - deepwater ports pursuant to the Deepwater Port Act of 1974.

             (c)  Permits required from the Environmental Protection Agency for:

                  - discharge of pollutants pursuant to Sec. 402 of the
                    Federal Water Pollution Control Act of 1972, as amended
                    (the National Pollution Discharge Elimination System);

                  - air pollution emissions from stationary sources pursuant
                    to the Clean Air Act of 1972, as amended.

                  - dumping material other than dredged material in navigable
                   waters pursuant to Sec. 102 of the Marine Protection,Research
                    and Sanctuaries Act of 1972.

                                   340

        (d)  Permits required from the Nuclear Regulatory Commission
             for the construction and operation of commercial nuclear
             reactors pursuant to the Atomic Energy Act of 1954.

        (e)  Certificates required from the Federal Energy Regulatory
             Commission for:

             - construction and operation of natural gas pipelines,
               transportation and storage facilities pursuant to the
               Natural Gas Act:

        (f) Certificates required from the Economic Regulatory
             Administration, DOE for:

             - construction and operation of LNG import/export marine
               terminals pursuant to the Natural Gas Act.

                  For purposes of federal licensing, presentation of a valid state
             permit or license shall alone be deemed necessary State concurrence
             with an applicant's certification of consistancy with applicable pro-
             visions of the Rhode Island Coastal Resources Management Program.
             Failure to obtain and present such state permits or licenses shall in
             and of itself be deemed conclusive evidence of a state determination
             of inconsistency with said Program and no additional action,
             determination or notice shall be required of the state.

    (2)  "Requisite state permits and/or licenses" as referenced under
        (1) above shall include all Council permits and/or other
        state permitting actions which under the provisions of Title
        46, Chapter 23 of the General Laws must be undertaken consistently
        with the Management Regulations and Policies set forth in the
        Rhode Island Coastal Resources Management Program.

    (3)  The Council, however, reserves the right to review the
        consistency of federal license and permit activities applicable
        to uses and/or developments which although not subject to the
        permit or licensing requirements of the Rhode Island Coastal
        Resources Management Program may nevertheless significantly
        affect the state's coastal region, its people or resources.
        The Council shall monitor such federal license and permit
        activities through the state's designated A-95 clearinghouse,
        through review of NEPA environmental impact statements and through
        such other avenues as provided to it by law.  The Council shall
        notify the appropriate federal agency, the applicant and the
      * Associate Administrator for Coastal Zone Management of its
         intention to review the consistency of proposed federal permit
        or licensing activities with applicable provisions of the
        Coastal Resources Management Program.  Such notification shall
        be in writing and shall be made within a period not to exceed
        45 days from the notice date of the federal license or permit
        application.

                                  341

    ()State consistency determinations shall in all cases be subject
       to the public notice hearing and appeals provisisons of the
       Rhode Island Administrative Procedures Act as reflected in
       Council Procedural Policies and Regulations.

    ()Where the Council finds issuance of a state permit and/or
    *  license to be inconsistent with applicable provisions of the
       Rhode Is land Coastal Resources Management Program or where it
    *  finds that insufficient information to make such a determination
       has been submitted by the applicant, it shall deny or direct
       that said permit and/or license be denied. Such denial shall
       indicate the nature of the inconsistency with reference to
       specific provisions of the Coastal Resources Management
       Program. Alternatives to or modifications of the proposed
       action which would render it consistent with the Program shall
       be recommended. Where insufficient information is cited as
       the reason for permit denial the Council shall indicate the
       nature of additional information required and its bearing on
       making a consistency determination. The applicant shall be
       notified of his rights to appeal the Council finding of
       inconsistency to the Secretary of Commerce.

    ()The Council will notify appropriate federal permit or license
       issuing agencies and the Associate Administrator for Coastal
       Zone Management of all state permit and/or licensing actions
       subject to this section within a period not to exceed six
       months from receipt of said permit and/or licensing applications.
       Where requisite state permit and/or licensing actions have
       not been completed within three months following receipt
       of said application the Council shall notify the applicant
       and the involved federal agency of the status of the matter
       and the reason(s) for further delay. State concurrence shall be
       conclusively presumed in the absence of state objection within
       six months.

    ()Where pursuant to (4) above, the Council finds issuance of a
       federal permit or license for a use and/or development not
       subject to the permit or licensing requirements of the Rhode
       Island Coastal Resources Management Program to be inconsistent
      with said Program; it shall indicate the specific nature of
      the inconsistency, shall propose alternative actions and
      shall notify the federal permit or license issuing agency,
      the applicant and the Associate Administrator in the manner
      described under ()and (6).

                                        342

    5.3 Federally Licensed and Permitted Activities Described in OCS Plans:

        (1)  Persons submitting any plan for the exploration, development
             or production from the OCS to the Department of Interior
             shall within a period not to exceed fifteen (15) days from
             said submission submit a copy of this plan together with an
             evaluation and certification of its consistency with the Rhode
             Island Coastal Resources Management Program to the Council.
             The term "person" for purposes of this section shall be defined
             as in 930.72, Federal Register, Vol. 42, No. 167.

        (2)  Such evaluation and certification shall:
                a.  Describe in detail all federally licensed or permitted
                    activities and/or facilities proposed;
                b.  Describe whether or not each of these proposed activities
                    and/or facilities will be sited, conducted and/or
                    operated in a manner consistent with the Coastal Resources
                    Management Program.
                c.  Contain a discussion relating the coastal zone effects
                    of each activity to relevant elements of said Program;
                d.  Be accompanied by sufficient data and information to
                    support the consistency certification and to allow
                    the Council to plan for and manage coastal region
                    impacts caused by OCS activities.

        (3)  For purposes of this section, "sufficient data and information"
             shall describe:
                a.  The affected ocean area;
                b.  Number of wells to be drilled;
                c.  Drilling vessels, platforms and other offshore structures;
                d.  Environmentally sensitive or hazardous areas discovered
                    during exploration or development and actions proposed
                    to preserve or assure safety for such areas;
                e.  Procedures and equipment for preventing and cleaning
                    up oil spills;
                f.  Location, type and size of onshore support facilities
                    and estimates of land requirements;
                g.  Number of persons expected to be employed at
                    offshore and onshore support facilities;
                h.  Travel routes for boats and aircraft;
                i.  Estimates of significant demands for major supplies,
                    equipment, goods, services or other resources within
                    coastal jurisdiction;
                j.  Means for oil and gas transport, routes, and the
                    estimated quantity of resources moving along such routes;
                    and
                k.  The likely timing and impact resulting from completion
                    and shutdown of production.

                               343

    Federally licensed or permitted activities and/or facilities which
    must be described shall include but are not limited to:

    (a) Permits relating to the siting, design and construction of
         common carrier pipelines required respectively by the Bureau
         of Land Management in the Department of Interior and the
         Materials Transportation Bureau in the Department of
         Transportation;

    (b) Permits related to drilling and the siting,'design and
         construction of flow and gathering lines required by the
         Geological Survey in the Department of Interior;

    (c) Permits relating to discharges of pollutants from fixed
         platforms and structure and/or dumping of nondredged material
         required by the Environmental Protection Agency;

    (d) Permits relating to the installation of platforms, pipelines,
         artificial islands, fixed structures, navigation and free
         floating structures required by the Corps of Engineers;

    (e) Permits relating to the transportation and disposal of
         dredged or fill material required by the Corps of Engineers.

    The Council shall review OCS plans and consistency certifications
    for consistency with specific provisions of the Rhode Island
    Coastal Resources Management Program and shall hold public
    hearings as provided for in Council Procedural Rules and
    Regulations pursuant to this review. Where the Council objects
    to one or more of the federal license or permit activities
    described in the consistency certification, it shall separately
    discuss each objection with reference to specific provisions
    of the Coastal Resources Management Program. Alternatives
    to or modifications of the proposed activity(s) which would
    render it/them consistent with the Program shall be recommended.
    The applicant shall further be notified of his right to appeal
    the Council's objection to the Secretary of Commerce.

    The Council shall notify in writing, the applicant, the federal
    license or permitting agencies, the Secretary of Interior
    and the Secretary of Commerce of its concurrence or objection
    within -a peri'od not to exceed six months after receipt of the
    OCS plan, consistency certification and supporting information.
    Where, however, Council deliberations have not been completed
    within three months of receipt by the Council of required
    information, the Council shall notify the applicant and the
    involved federal agency of the reasons) for further delay.

                                         344

         (7)  Where the Council has previously objected in whole or
             part to an OCS related consistency certification, it
             shall review amended or new OCS plans, consistency
              certifications and/or supporting data and information in
              the manner set forth under (5) above.  Such new or amended
             material shall meet all standards of content and detail
              required for original submissions as described under
              (1) - (4), above.  Within a period not to exceed three
             months from receipt of such new or amended material the
              Council shall notify all parties set forth under (6),
             above of its concurrence or objection.

         (8) Where the Council finds that a person is iUn noncompliance
             with an approved OCS plan and that such noncompliance involves
              the conduct of activities affecting Rhode Island's
             coastal region in a manner not consistent with the Coastal
              Resources Management Program it shall so notify the U.S.
             Geological Survey Area Supervisor and the Associate
             Administrator for Coastal Zone Management.  Such notification
              shall specifically  describe the inconsistent activity and
              the nature of the inconsistency with reference to applicable
              provisions of said Program.

    5.4  Federal Assistance to State and Local Government:

         (1)  Applications for federal assistance by units of state or
              local government and/or related public entitles to plan
              for design, build, alter or expand physical- development
              projects in the following areas or the following types
             shall be routinely forwarded to the Council for certification
             of consistency with applicable provisions of the Rhode
              Island Coastal Resources Management Program:
               a.  Areas where Certification Will Be Required:
                    1.  All tidal waters-
                   2.  Intertidal- physiographical features
                    3.  Land areas above mean high water extending to the
                        inland boundary of the coastal region (comprises
                        21 coastal municipalities)
                b.  Projects Requiring Certification Regardless of
                    their location:
                    1.  Power generating and desalination plants
                   2.  Chemical or petroleum processing, transfer or storage
                        facilities
                    3.  Minerals extraction facilities
                   4.  Sewage treatment and disposal and solid waste disposal
                        facilities

                                  344A

    (2) In order to ensure effective and timely Council review of
        applications for federal assistance relating to the above
        areas and projects the state's designated Project Notification
        and Review (A-95) Clearinghouse, the Statewide Planning
        Program, routinely forwards all such applications to the
        Council for consistency certification.

    (3) The Council, however, reserves the right to monitor proposed
        federal assistance projects other than those described above
        through the A-95 and NEPA review processes and other
        similar avenues. Where such monitoring indicates a significant
         impact on the state's coastal region and a subsequent need for
        a consistency determination the Council shall notify the
        applicant-agency, involved Federal agencies, the Statewide
        Planning Program and the Associate Administrator for
        Coastal Zone Management of its intention to make such a
        determination.

    (4)  Within  the time limits provided for A-95 review the Council
         shall notify the Statewide Planning Program of its objections,
         if any, to proposed projects. Such objections will describe
         how the proposed project is inconsistent with specific
         provisions of the Coastal Resources Management Program and
         shall recommend alternative measures (if they exist) which
        would render the project consistent with the Program.
         Notification shall further appraise applicant agency of the
         appeal procedures set forth under Subpart H of NOAA regulations
         published in Vol. 42, No. 167 of the Federal Register.

    (5)  The Statewide Planning Program in its role as A-95 Clearinghouse
         shall forward notification of Council consistency objections, i-f
         any, to and federal agencies.

                                  345

    C.6 Public, State and Local Governmental Involvement

    6.1  Federal Requirements:  The Federal Coastal Zone Management
          Act requires a state to develop its coastal management
          program with the opportunity for full participation by relevant
          federal agencies, state agencies, local governments,
          regional organizations, port authorities and other interested
          parties, both public and private.  More specifically the
          regulations require Rhode Island to:

              (1)  identify "...public and private agencies and
                   organizations which are liable to be affected
                   by, or have a direct interest in the management
                   program

              (2)  provide enough information to groups to encourage
                   their informed participation;

              (3)  make opportunities and methods for participation
                   widely known,

              (4)  demonstrate that comments and suggestions raised
                   by the public are thoughtfully considered.

              (5)  identify and establish a regular consultative
                   mechanism with groups with adopted plans in
                   effect as of January 1, 1977; and

              (6)  document its participation, consultation and
                   coordination efforts

              (7)  hold a public hearing on the entire management
                   program before submission to the Office of Coastal
                   Zone Management in Washington, D.C.

      6.2; Public Involvement in Coastal Zone Managemnent in Rhode Island:
               Coastal zone management in Rhode Island has a long
          history of citizen involvement in program development.  The
          state's efforts began in 1969 when the Natural Resources
          Group, an organization of  private, interested citizens,
           recommended to the Governor that "a satisfactory means of
          guiding or directing its (Narragansett Bay) use and
           development...." be found.  As a result of this report the
           Governor appointed a nine member technical committee as a
           first step towards drafting future management policies for
           Narragansett Bay.  This committee solicited public input
           to their planning process through a questionnaire and
           through-meetings with key interest groups.  Their activities
           culminated in draft legislation to create a Rhode Island
           coastal zone management mechanism.  The legislation intro-
           duced into the General Assembly as part of the Gover-
           nor's  1970  Legislative Package died in committee.

                                   346

              To include a wider range of interests, the Governor
         expanded the technical committee to include some 75 members.
         The expanded group carried on the work of the original
         technical committee and continued to hold meetings to
         discuss citizen and interest group'ts concerns. The result
         of this expanded effort was Bill H 2440, Substitute "B",
         which passed the General Assembly and created the
         Coastal Resources Management Council in July 1971. The
         voting membership of the Council, a key element in the
         discussions of the expanded committee, insures the continued
         representation of diverse interests and points of view
         from state and local governments and the private sector.

    6.3  Council Participation/Education Programs:

              Since its inception, the Council has continued to
         include the many publics with an interest in Rhode Island's
         coast in the process of program development. The Council's
         public participation programs can be usefully separated
         into the following categories:

         (1) Public Participation in Council Policy and Regulation
             Development
              a. The adoption of all Council policies and regulations follows
                  the procedures prescribed by the Administrative Procedures Act
                 (42-34; G.L.R.I.; see also Appendix B).
              b. To insure early and full participation in the development of its
                 policies and regulations by all interested parties, the Council
                 has in the past and shall continue to foster additional participa-
                  tion mechanisms including:
                   (1) workshops and meetings with interested and affected groups;
                   (2) citizen advisory committees: the Council has and will
                      continue to form citizen advisory committees as appropriate;
                   (3) Task Forces: the Council has co-sponsored the Rhode-Island
                      Fisheries Task Force and will be instrumental in the
                      formation and staffing of a Pollution Task Force;
                   (4) See also Chapter 7.

         (2) Public Information and Education Programs.

            a. Short brochure: describes the goals and activities of
         the Council; has been widely distributed (over 10,000
         distributed) at Council meetings, town halls, speaking
         engagements, trade shows and schools.

             b.Long brochure: provides a more detailed look at the
         Council-its activities and policies; has been sent to
         state legislators and local officials and is available
         to anyone requesting more detailed information about the
         RICRMP.

          C.Counilexhibit:  A large photographic exhibit describing
         Rhode Island's Coastal Management Program has been exhibited
         in libraries, banks, shopping centers, and trade shows
         throughout the state.

                                  347
            d.The Media:  In developing the Rhode Island Coastal
         Resources Management Plan, the Council has made full use
         of the media. The Providence Journal, the state's major
         newspaper (cir. 287,000) has carried thoughtful summaries
         of the substantive elements of the state program prior
         to the thirteen public workshops held during its development.
         In addition frequent press releases and information articles
         both on the program and on coastal issues have appeared
         in newspapers throughout the state over the last 5 years.
              Radio and television have also been used as Council
         members and staff have appeared on numerous talk and news
         shows, and educational TV programs.
            e. Newsletters:  A bimonthly newsletter-"BRIEFINGS"- is
          sent to  over 4000 Rhode Island citizens.  This newsletter
          keeps the public informed as to Rhode Island Coastal
          Resources Management Program developments.
             f. School Programs: See Public Parltcipation Findings
          and Policies (see chapter 7),
             9.Workshops:  The Council has found small, focused
         workshops to be an invaluable public education and partici-
         pation tool.  The CIUiC holds two types of workshops:
          information exchange and problem solving.;  Information
          exchange workshops have been held with several state
          agencies and other key groups to insure that they are
          informed about the CRIC's activities and have opportunity
          for input to CRIC policies as these are being developed.
          Problem solving workshops have been conducted on coastal
          issues of importance to the entire state.  The Council
          acts as coordinator at these workshops. Topics of Problem
          Solving workshops have included Dredge Spoil Disposal
           (7/29/75), Shoreline Erosion (4/3-/76), Rhode Island
          and Offshore Oil (9/22/77 - 9/24/77) and Aquaculture
          (4/26/77).
        h.Slide/Tape Presentation:  "The Rhode Island Coastal
          Resources Management Council"; a thirteen minute automatic
          slide/tape presentation describing the Council and the
          Rhode Island and Federal Coastal Management Programs has
          been prepared.  This slide/tape has been used both by
          itself at expositions and in conjunction with the Council's
          Speakers Bureau.  An updated version of the presentation
          was prepared in April,1977.
    (3)   Public Participation Efforts Directly Aimed at Preparation
          of the Rhode Island Coastal Resources Management Program
          for Federal Submission:
               'he public participation programs described in the
          preceding  section demonstrate the Council's on-going
          concern for keeping the public informed about and involved
          in the development of its policies and programs.  While
          preparing the Rhode Island Coastal Resources Management
          Program for submission to the Federal Office of Coastal
          Zone Management the Council has made special efforts to
          inform and to encourage input from the many publics with
          interests in Rhode Island's coastal region.  These efforts
          are briefly summarized below (See also Table C-7).
             a.. CIRC Speakers Bureau:  Letters were sent to all key
          groups in 1975 requesting an opportunity to discuss the
          Rhode Island Coastal ResourcesManagement Plan with them.
          Since that time members of the Council and its staff-have
          discussed the Rhode Island Management Program with over
          45 groups over the last 2 years which ranged in size from
          10 to over 100 persons.

                                           Formation  Policy PI  Public Information SpringSnme
    TABLE C-7                                   of         Reg.                                1976          Summer 1977               Conf. & 1977
                                                                    tj EducationC M
                                           The CM~E    Develop-                             CPP    CR4DrfWokhpSeca Dat
                                                        ment                               Draft  CI rf okhp pca rf

                         Public Parti-
                         cipation           tc_
                         Efforts            -                                                            0

                                                                   In                                                  Vi)             .,I..-4~~~~~~0  LUI b
                                                     1:~                            ~ ~ U                      ufo  I). L

                    Interest~~~~~~~~~~~~~~~~~t L.n                                                                                                     M U~-
                                                  1-0 c')P-~ ~ ~~.,     (D- lY~    44-                     >. 4Itl
    Key Groups With                                          (D. - 4                       di 0)   0U   ~ 0                              f'] n  9 0 'a
                                             C, G 4-404  t'C11            k LI  0tt                      ' ~, *--.In.                    0-I.

       IntPderesasins Cffosiieio                                                   ,           Ent
              N. asetoal Zonenissio

           Nr.C.nt ofWateraPll ceoil.e    Coil        X

           R~.E. PubonlcoUtiitisConunsin __
           R. I. STATE  AsteN lItngmn CorS
               R. . tomic  neryCinaissraion-

               R.I. Natura Resources Board                                                                 9

           R.I. Historical Preservation CoMu.~          ----
           R.I. Governor's Office                                              xxX?~   X)  X )(      YI-      _)X

                                             Formation        Policy  &    Public  I nf orma-            Sp rinSu er 97                                 Cofig         ume

                                             The  CRMC    ~Develop-                                       CRMPCRP
                    TABLE C7                     of            R~~~~~~~~~~~~~~egton t:  Edcton 17                      RMrrftWraop                      Seias17
                                                                                         ment          ~~~~~~~~~~~~~~~~DraftDrf

          Public  Participation   A~                AA
                           Efforts                                                                                   O I:: 9 O            10
                                                             4-  .-~~~~~~~~~~~~~~~~~~~~~~  ~~~U)                                               '   n

                                                   C  0                                                    -~~   ~ ~ ~(D
                                                  L  .-U                                                                                U44E-    v-
                                                  ~~~~~~~r    4                                                                                             UM U''
                                                         C   *.- OJ.  OJ  *.-4 4~ ~    550    ~  a)         04-f                        b          U       *      *4  OIn
                                                         4.~~~~tS4J44~~~V  n. -. '- ".                                                            5-      " C,        -Z4A

     Key  Groups' wi                                                                       t a)&4- M                            *  .4 t                   H
     Interest  in  Rhode                              4-         *'                                      440         L-0t~ 4.&T                       ~     a  L.
     I s'land's  Coastal  Zone                M E c          .1-     4,          '.1 ~    cS A" 4ii                                    I-          .
                                                                                                                                                     a~~~~~~~~~~ $J
                                                                     U)U)UU~~~        ~~~~                  0 Vtl U  ~             *-         ~~                 ~L
    R1.I. Attorney General                                                             XX        )(N     X

    LOCAL    STATE GWVJ. OFFICIALS
     Citv and Town Councils                      X   x        X                             C       X      X
    ~Adjainistrators                             X    x       X                                                                                               xX >     )0 xX.
    -Town Councils  7                               x  x      x                                            xx                                                         X
    I'lanuinn Boards/Departments                 )(   K      x                                x
    -Conservation Coumiissions                                                                   �     _LQ
    -state Leleislators                          XX             X -X                                                                       -x x

    civicC 6RIPS
    -R.I. League of Women Voters                    ---X                                                       -    -     -     -    - -       X�
    R1.I. Leavueof Cities &Townls                                  7~                                   XXX                                                      >
    -Northeastern Legislative Leaders3

    -it. I. Kitrhiie Trade Association   I     xx    ___
    S1hipyard.;
    _(eneril Electric Comlpanly

    ft)RF- IM-.REMSSI
    R.I. Propellor Club
    flarf.)rnasters
    -RI. Pilots Association                I                  .         i I                            X
    Narranansett P aY State Pilot;-sn
        rrndec tp.rt Director             IX�
                                                              I ~ ~~~~~~~~~~~~~ �----------

                                   Formation   Policy &   Public Informa-           Spring           Summer 1977         Conf. &  Summer
    TABLE C-7                          of          Reg.        tion t Education        1976
                                                           The CRMC    Develop-      CRMP                                          ~~~~~~~~~~~~1977
                                   The CRMC      Develop-                            CRMP      CRMP Draft Workshops   Specials   CRMP
                                                 ment                              Draft
                                                                                                                                 Draft

                                                                                             'M  1.  44 1 4  S O4-4 C1
                                                                                                          '44O  0 C�4 0
                                    C
          Public Participation   '
                      Efforts            4,                                                 O                 4 C  4 1.

                                    ~                           V M                                   4                               M
                                     C                                     VIIr F
                                             8        7~5~- $.   *1:       5-.r
                                        c~~~  ~~          0~ 'F 4-' UU                                            _ v)
    Key Groups w'ith                "~ cl         m
                                                                                        544                                   -   ~~~~~~~~-4
                                   IL                                   �rlcj
                                            t~~~~~~~4   d)js4bO.4)              0   SI                                     )     0 *~(L

    Interest Irs Rhode              5-0l                         g8U 5-                        it my          4mh�
                 Island' Coasta Zone~
                    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~'C)4 H RC

                     Rh~ders~oc~iat8o1   ___-.i~                                                             Ii� i-
                                                      tn  r_ -4                             a) MV  1r1t     )                 1 '  6

               Coastal~~~~~~~~~~~~~~~d Sevie           cdr *)C IncI- .�                                                                �       -
                                                     x~i~                           , _4 -I  n   (  d) U                          u 10e
                                          EdC  .H.,                                                               ,4~ 1 M ) o
                                        E -H            "B "a��,

    cor7PRCIAL FI   I-I~---~   hING~x                                           xS~-"
    R.I. Fshtermes In Rhcde             X

    AlgIujuisnGans Coastission  any                                                                                   -        -X

    Fed.RCI.L  posensCu.Ic

    lRina I.Ierl~mAscito                X                             X X            XXX    X~XXX   i~~I~I
    Y~rrachnsett Clubs A -%o                                   __  -X V       9    XX
    Gr.I tevClhamber SofiChervce                                          xxxx   X >(--X     -
    coasta Shervices Inc.XI                                L     I    X~

    Rlo1nui Cy fasiUson  far        R.Ly                               XX-XX    XX
    (MINCIAL FTSRUING

    Narro RJudit rsherats ioonrAssi.                                                           xx e_
    Y.I.R.I Seafoodrl Cou. ncil                                         ff~     tXX

    R.I. CFwishee  Asoncineamtin       x                                                                             _ _

    ~ENERGYl~fNX                                                                                            XX              --X
    .RI Ptoleum Asocition             xx)(                          xxxxxxx xxx  xxxxxX XX                 x    9xxe  x  TX
    Narra  Ransett Electric Co manv    X                              xxx    ~   x x    x K O

    Yacht Clubs                                                      On                 x  X KXN  - - - - -        -        -

                    re.R..SorsensCub n

                                     Formation        Policy  & Public  Informa-                Spring            Sme         97Cn.& Sme
     TABLE  C-7                               of              Reg.        tion  &   dctin              17
                                     The  CRtIC       Develop-                                   CRMP         CRMP  Draft Workshops   Specials    1977
                                                                                                                                           CRMP
                                                     ment                                    Draf t
                                                                                                                                          Draft
                                                                                                 4.3  14J IU)44U4   M(0U  (04

            Public  Participation, F             )
                            Effortsi
                                                                                                     U)~~~ tn.~dU
                                                           U~~~~~~~~~~~~~~~~~~~~~~~~~~~~ di
                                                  b~~~~~~~~~~~~ b
                                        vZ                                       F                                 WI w  al-
                                          4- V4J4. 112                                                                                          P (I  O.
                                                    4)
                                                          (0  .c~~-4~   '~j~ '~    0 4)~               I- a, -*c :

     Key  Groups with                                                                     (U  _1 '         wa                       H r'l                   P~ t~ too   CL~
     Interest  in Rhode                           1                             o0 11  $1  Op                                                 a, M
                                                                       4)   4i4)*H .~~~~ bt.O*~~-4         *t')     4.3~c   4J0 >)-b                    -uu r_
     Islandis  Coastal  Z7one                     r.C'.A0V;:                        4I                                      *01 -,      *H  h-4      biC
                                                                 0    10 1-' Car 1   3l.   co                     -'

    Aquidneck Island Ecology__
    Conservation Law Foundation of RI   __-�
    -Blackstone River Watershed                     MTX
    Concerned Citizens of R.I1.
    Rhode Islanders for Safe Power         ���L(Xq
    National Resources Defense Council -___�--  -   -V

    NEW PUI)IA
    The Providence Journal                                              -x A                                                          x X x    X   x
    Local New'spavers                            -                                                      ~-   --~-                                         -   --   --
    ChanqeL_36 ffd. 'nfl                                                         __
    ()moerciailY                                    TVX  X  X  X  XX
    Radio                                                                      X      -X                X_

    1IJLEATIOMAL GRUMS
    thniversity of Rhode Island                                                  xxxxxx~ XXX�XX  X)O(XX
    Libraries                                                                              -___ _-_ _

    Clijr-RAL PUBIC          M                     XI   XXIC~Q~~X                                                                     X~X~~V

                                                                 ~~~~~~~~~~~~~~- - -- -I- -- ---------

                                 352

    b. Meetings with Officials and Interested Citizens from each
    each Coastal Municipality: Meetings were arranged with the
    officials and any other interested citizens of each coastal
    town to discuss the RICRMP and its relationship to town plans.

    c. Draft Review: The Council provided draft copies of the
    RICRMP to interested and affected groups at the earliest pos-
    sible times. Preliminary drafts were sent to the Chief munici-
    pal Administrator and Clerk of each coastal city and town
    in late January, 1976 and in March drafts were made available to
    all key groups.

    d. RICRMP Spring 1976 Forums: To encourage widespread discus-
    sion of the Spring 1976 Program draft the Council sponsored two
    series (3 forums/series) of widely advertised forums; over
    200 people attended.

    e.  Public Hearing:  A formal public hearing, attended by over
    120 people, was held on July 26. At that time 28 people
    presented formal comments on the Spring 1976 Program Draft.

    f. Preparation of the Summer 1977 Draft Program Document:

        (1)  Meetings with Concerned Groups:  Meetings were held
       with groups expressing major concerns about the RICRMP,
        Spring 1976 draft.

        (2) Citizen Hotline: A special citizen's telephone line
       was established in February 1977, for answering citizen
        questions about the RICRMP.

        (3)  Development of Draft Findings & Policies; Technical
            Meetings and Public Workshops:
               Prior to development of the draft findings and poli-
             cies, numerous technical meetings were held with personnel
            of numerous state agencies and other experts. Seven.
             series of workshops were held on the draft Findings and
            Policies of the RICRMP, Summer 1977 draft (Table C-8).
            As drafts were prepared, advance copies were mailed to
             individuals and agencies having a special interest in
             the subject area to be covered. All forums were
            widely advertised (paid newspaper ads, mailings -to 4000
            persons and press releases) and each received exten-
             sive media coverage. Copies of the draft findings and
            policies were available at all forums and were mailed
             on request.

        (4) Draft Review: Copies of the Rhode Island Coastal
             Resources Management Program, Summer 1977 Draft were
             hand delivered to all Rhode Island municipalities on
            July 21 and 22, 1977. About 1100 copies of the draft
            program were then distributed to groups and individuals.
            The distribution of draft programs to key groups is
             indicated in Table C-7. A complete distribution list
             is available upon request.

                                        353

                                 TABLE  C- 8

                     WORKSHOPS ON THE FINDINGS AND POLICIES OF THE
                    RHODE ISLAND COASTAL RESOURCES MANAGEMENT PROGRAM

                                    Approximate
     Workshops                       Attendance                 Location

     1.  Coastal Ponds  2/22             120      Quonochontaug Grange, Charlestown

     2.  Natural Setting 3/15             90      Riverside Sportsmen's Club
                                                 East Providence

     3.  Natural Setting 3/16             50      Roger Williams College, Bristol

     4.  Natural Setting 3/31             50      University of Rhode Island,
                                                 Kingston

      5.  Coastal Development 4/11         40      Winman Jr. High, Warwick

     6.:  Coastal Development 4/13        25       State House, Providence

     7.  Exploitable Natural Resources   50        Dutch Inn, Galilee
           5/17

      8.  Exploitable Natural Resources   30       Middletown High School,
           5/18                                    Middletown

      9. Major Facility Siting  6/1        35       Thompson Jr. High School,
                                                 Newport

     10.  Major Facility Siting 6/2        60      University of Rhode Island,
                                                 Kingston

     11.  Pollution  6/13                  35       R.I. Dept. of Health Auditorium.
                                                 Providence

     12.  Pollution: 6/16                  40       Sheraton Islander, Newport

     13.  Summary 6/23               :: State House, Providence

    f ~: : : . :_ X : :  : I

                                      354

    (5) Public Hearing:

       A public hearing on the Rhode Island Coastal Resources Manage-
       ment Program, Summer 1977 draft was held on August 23, 1977
       in Room 313 of the Rhode Island State House in Providence.
       The hearing was attended by approximately 90 persons, twenty
       of whom presented comments. The public record remained open
       until August 31, 1977, during which additional letters were
       submitted to the Council. Comments received by key groups
       are indicated in Table C-7. Transcripts of the hearing and
       copies of written submissions are available from the
       Council's offices at 83 Park Street in Providence.

    (6) Consideration and Incorporation of Public Comments:

       Comments on the Rhode Island Coastal Resources Management
       Plan have been recorded as follows:

           - Transcripts and tape recordings are made of all
             workshops and hearings.

           - Written comments are kept on file-

           - Oral comments are logged.

       All written comments have been responded to in writing.
       Each letter of response specifically addresses the concerns
       raised by the commentator and indicates what action has been
       taken with regard to each comment. Copies of these respon-
       ses are available for inspection at the Coastal Resources
       Center and the Council's offices. Special meetings between the
       Council and its staff, and groups with substantive comments
       have also been held.

                         355

         The Council and its staff found that its open planning
    process was extremely beneficial to the development of the
    RICRMP. Many important but often difficult to quantify
    benefits were derived and the Council has responded
    positively and directly to all reasonable suggestions
    and criticisms.

         The Council's practice of considering and responding
    to input from citizens, interest groups and local and state
    governmental agencies is well illustrated by the following
    examples of major Program mddifications.

         a.  Rhode Island had originally anticipated holding a
    public hearing on its CRMP in April, 1976, then submitting
    the program to OCZM soon thereafter.  Comments from interest
    groups indicated that the public needed additional time to
    review the draft Program.  Therefore, the Council extended
    the review period and made additional efforts to insure
    that both key groups and the general public understood the
    Program.  Following suggestions made by Ecology Action
    for Rhode Island, the Rhode Island Conservation Law
    Fouindation and the Natural resources Defense Council, the
    CRr4 ::made more copies of the preliminary draft Program
    available and initiated the series of public forums
    described previously.

         b.  A major criticism of the preliminary draft Program
    (1976) expressed at the Information forums
    was that its organization and language were confusing.
    In response to this criticism, the Program was extensively
    redrafted into its Spring 1976 form.

          c.  A coalition of environmental groups expressed
    concern that the impact assessment methodology of Appendix A
    of the Spring 1976 draft was cumbersome for permit review.
    They felt that specific priorities, policies and regulations
    had to be set forth for coastal activities and geographic
    areas.  This was subsequently done and is reflected in the
    policies and regulations set forth in this document.

                             356

         ci.  A major criticism of the Spring 1976 draft was
    that the maps were not uniform and were difficult to use.
    The Council has since undertaken a major mapping project;
    the products of which will be used in the permit review
    process. In this document, uniform easy-to-read
    orientation maps, are included.

         C.  A major concern of several interest groups was
    that the Council's permit review procedures be clearly
    set forth; and that the information on which Council
    decisions are made be open to the public. Proposed
    Council procedures were reviewed with these interest
    groups in November of 1976 and the procedures set forth
    in Appendix B of this document clearly incorporates their
    input.
         f. A host of comments smaller in scope have
    also been included in this draft.   A few examples are
    included below:

                The town planner from East Providence suggested
                that the Council recognize the Town's Waterfront
                Plan for oil storage facilities; this has been
                done.

                The Department of Natural Resources pointed out
                several errors of fact in the Findings on Cul-
                ture and Recreation, these were corrected.

                As a response to the large public interest
                in the South County coastal ponds, an in-depth study
                for their management is being undertaken for
                the Council by the Coastal Resources Center.

                Mt. Hope Bay was classified as an Urban Estuary
                in an early. draft of the
                Natural Setting. Nearby residents suggested
                that its classification be changed to a multiple
                use estuary; this was done.

      g. Some thoughtful comments made by interest groups
    were carefully considered but were not incorporated into
    the plan. For example; an environmental coalition suggested
    that a well-funded Citizen Advisory Group be appointed.
    Because the Council is itself a group of appointed citizens,
    it was felt that other forms of citizen participation would
    be more effective. Another suggestion was that all
    town plans be made consistent with the RICRMP. Such action
    would be nearly impossible-given present zoning enabling
    legislation and, while desirable in the long run, is not
    immediately necessary to implementation of an effective
    coastal management program given the extensive nature of the
    Council's regulatory and coordinating powers.

                               357

    h.  Changes in the document as a result of the August 23, 1977
       public hearing:  Because of the extensive public partici-
        pation efforts that occured prior to the production of
        the Summer 1977 Draft Coastal Resources Management Program
        substantive changes to this final document have been mini-
        mal.  The major changes to the Spring draft document which
        resulted from comments received at the Public Hearing
        are summarized below.
             (1) The introduction to the document has been sub-
                  stantially revised and expanded.
             (2)  The policies and regulations for transportation
                  (Section 550)  have been modified.
             (3)  The Council's permit review procedures have been
                  clarified by the addition of a flow diagram that
                  illustrates the "path" of an application before
                  the Council (Figure B-i).
             (4)  The description of mechanisms for coordination
                  of the Rhode Island Coastal Resources Management
                  Program with other state programs has been
                  expanded.  Special attention has been given to
                  the Council's relationship with the Statewide
                  Planning Program and the Department of Environ-
                  mental Management.
             C(5)  Appendix D, Major Implementation Objectives:
                  First Year Work Program has been revised to
                  more clearly detail the state's priorities
                  for program implementation.
             (6)  A glossary of technical terms has been added
                  to the Program.
             (7)  The sections on "Federal Consistency"
                  (Appendix B-12, Summer 1977 Draft) and "Considera-
                  tion of the National Interest" (Appendix C 4);
                  Summer 1977 Draft) have been reorganized into
                  two sections (C-4 and C-5) in Appendix C, and
                  expanded.
             (8)  Numerous small errors in fact, grammar, and
                  spelling were corrected.

                                358

    (7) Coordination of the Rhode Island Coastal Resource Management
        Plan with other Relevant Plans:

    (a) Identification of Relevant Plans:

       (1)  State Plans:  The State of Rhode Island currently has
            69 "frameiiwork" or general plans which are administered
            by 22 state agencies, councils and commissions. Sixty
            of these are required by Federal Law. Of the 69 state
            plans, 31 have been identified as being relevant to
            the RICRMP (Table C-9).

       (2)  Local Plans:  All coastal communities have adopted zoning
            ordinances; all but Tiverton have Recreation, Conservation
            and Open Space Plans; and all but Portsmouth and Little
            Compton have adopted Comprehensive Community Plans
            (Table C-10). Most communities also have regulations and
            policies which provide additional control over coastal
            areas (e.g., subdivision controls and detailed zoning
            ordinances).

     (b) Contact with Identified Groups:

             Direct contacts have been made on many occasions
        over the past five years with the groups with adopted plans
        relevant to the Rhode Island Coastal Resources Management
        Program. These contacts are summarized in Table C-7. It
        should be pointed out that the Statewide Planning Program
       which is wholly or partially responsible for 16 of the
       relevant state plans, is the designated lead agency for
        Section 305, program development, funding under the
        federal CZM Act. In addition, the Directors of both the
       Departments of Natural Resources and Health are ex-officio
       voting members of the Council. These two agencies are
       responsible for another eight of the identified relevant
       state plans.

             Contacts were made with all municipalities in the state
       early in the development of the RICRMP. Furthermore, the
       method for selection of CRMC members insures the municipalities
        fair representation.  By law (46-23-2, G.L.R.I.) four
       members of the CRMC must be appointed or elected officials
       of local government. In addition, five other members must
       be from coastal communities. Meetings have also been
       held with the elected officials from each Rhode Island coastal
       municipality; other efforts to include municipalities in
       program development such as special meetings and draft
        review are summarized in Table C-7.

                                                                                 Table c-9

                                                                                                                                                                  3 59

                                                                    RHODE ISLAND FRAMEWORK PLANS

                                                                                                                                                       PREPAR-                          I
                                                                                                                                                       ATION     '

                                               'II ELE~~~~~~aNT             Needs                 PLAN                                                                                  975~~~~~~~~IN

                                         ~~Oxl   ~~~~    PLAN           DeeOV         pERnerAGEis

                           ST"_T"'a~ ~~ ~~AC                           Nn-Pin Sures

                     ~~~~~~TUiLFARCUILITE FO SEWEAG    ALTYEVEOMNG  Spaceie Nened.nn Of Seetate Facilit Mchaies To 1990s            P      o ,       *1*r  HUNceeds I196
            SVEPPLIES 0                                I-E II                                                                                                       I    "10,3   I
                  -7RLECNMCIE   O DEVELOPM ENT 0RGA-E3              Saemocnen OfeGooal  nt  Projecies Far Ted PBysIDAtInnmc Arm W~h Socisal Deveplop-   E   *j  I  IDA  I    A     199 I6
                        2~~~~~~~~~~~~~O                                              Ealno                                                                                             97
              3-VSTMEN   PLAAN, FOTESTAE POLF  PLA .  iStantuse Of States Fecoanomy  PUsei Anu aes menlPirtis                                       i  Ij~*IERI  HU  I O3nce*    1197
                      4AREAWICE  W~~~~~~~~             ~            AenSnTEn   TREATMNT NAAEMENT PnRLAN nTnit         For Lowl And Mmlmn   aserte ThGR~tMM904-  IG.FIB o ntcAnd  E P    HUG  One

        1S:7CN    9 W    TERANPORLTATON CLONTRO              L A      CB      Trc Nond-Roint SoIcI

            5&ATER CU      SYSTT M  MANA ADEMIEN  PLAN       S       ( SECTONrt-Rangase Tronadrtaftina  PAnd Emphsiin  Aba-aptalIpoementOae rPofSuces T  ollto!E    !*  EPHA  **  Ionce*  19 762

       13  STAT FRAI 7,DVPLAN         T  0S  IF PUBLIC ToTE                                     Pluate Slat WaiSytem1 PhaeEEnluno And    I  *1uton         FAd jeamnaos  I1*1U ~ Once*  197

                                      DIVISION~~~~~~~~~~~~~ Of RhoLde WASTE                            II                                                         I I  I        4
          PuLI CASK       MN PLAN~lV  PROGRAM; STAT VIOFNM         !SatsO STt a e s E omyPucI.stn Psii'                                                1NRM I    I ~ ns I  II
      14  iOSOLD     AENAGEEN   PLA                                 A Genlcpmt And Imylent Nendtin Sr.L ategy  l it FoLo. Refus Madrt nagementI .  I  I 1*1 HPD  1        Onces*      1973

          iH-EISLADT       RNPTATIONID  PLANNING0 PROGRA~ds Hgwy,~bmMas                          TnnLtAipMakgMmtTmnlIte-                         E**HNNJIN  IAND. 9i             I

     136S.ASTEALRESPLESANACM:C:   :AAEE0                            Ph&Lonn;n Movem~t F~ sAdPhods  ologye Aned T alt SteRegulstlm Pations G-autonoeAndi    FRA1 OnceM *   isa         976

                     17~~~~~~~~~~~~~~ Orcoimoti ton                                s

          AMNSATOEXECUTIVE, HAT

     14. STL ASTE D      AAEFENTECVLPEAENS   PLAN                   Preriaredees Atane o Pleactmentc   DStasters Fe, NeucleMaarAettah           In *I    Ii ECPA. I   *! 2 Year      19 713

             2O   LNFRTESEMERGENC  MANAGEMENT OFREOUNCES              TlIL j                                                                                               aoW       1

            W'~r.ATER  NOLITII & iCtiOFNTROL Ir                    j.                                                                                 I. I             I-
     121;   STATEWIDESWATER POLUINA- ZCNTROCL PLANAEN r Plarnng DlSwr  ytm Ano                    Sotarementr--   n   StepsR Ta.-  AratWae Patllutian  1*   4IEA1*1    ACMI 1  n*    1975
                           WA~~~~~~~~~~~~~~~~~~~~-0.. TE,                           ThPP  SrT' Cova Zen                                                          I I

     217 RHOEWDE  RItSLAND EWANTMI DEELPME.INT PROGAN              IC'Wataruply Pntnto~or   Of  h State Ac-f                   oIfa;.f EcIan  Ds etel EPA  1*11 PoAdla  I19763)
            RAIR  OLUION aOTO i(V.EAef                                                                                                                I  I      I     II
            118 ~~~ELSFO ANDHIEVELOMENT OF UPU              I       I A Y L N S S e P a                                                          il              SIOel   7

     123  SATE DEENSECII PR   AEPI TNAREDNES             PLATINAL  PAirePolluAtions Fonra Prograim  iiatr  An                                        u1* Afil ~ 1 1   ECPA 1 12  Ynear  1973

                         HE~~~~~~~~~~~~~~~~ALocm~cTHn TRANSPORTATION, WaDISter.TO
           EVRNETLHEAL TH            ,  LNIG   TTWD

    1215 SAE1.ATERANPOLLUTION CNRLPLAN                             TlansqOf totion Planning Aor EThre    mn Staepscudn The Downown PWatien  re Aoono A  4*1 EPA  I  1*1 Onc         IS9B:

                     ;.22 STTE11CEORIKIN  WAER 5jPE.!SQ   ROGAM  woSlatepnd InolectirAndMltec Program      .                  Of TI SaeI E                          P  I**     A     '7
         NATURA RESURE 4I/r1, COl I                                                                                                                             j
       AR1WPEAE       M PMAN F RAGHEEMENT  ONAIAL   rPlutoCoroPogaEPLAIS  I          -ne j                                                             *

            FOETEN V1ROW    NMENT HIAZH                                                                                                                                          - PraWcss
         2!FREST MAVNAGEEN   PLAN                                 I Assoet0-1,2   n   0Ya  edsFrSaeOndPrn  od
         RHODE  LAN  HISTORICAL PREERATION    YeI                                                       PIG.FrMmon   vO y                             1* E PI11 I-Onear    j1-978-

          ,      LTAIO CONT5ROjLQ   PLAN                          I-ptt=                 .  h Surny.n  Phanmnu,q NtoaReiTe01Hisoi Pla-cs  Prante-In-Aida  In     Ae EPA    1* I e 1 9 I A
         ROESLND  ATE RSURESBARD RESOURCES

            PL ANNINGSCTO .4V                                                                                                                            I      I     IPEA'
    2-71 :MASTREHt5     PLANS FOR STATER PANDRKSATEDLAND    SParat Docmens Innetain  Municipal Wate  Ofpire Waste Tramn ...ts  *    * i

       12'FORCESTAN EMN                     PLA AGroumndWte PsrOifs LakesAnd                            30YorNeds.Fo Solid Waste OinosaLecnotic            RCI          l ontinunu   i978 Ta

    I 311-RENSPORVATION                      PLEc.ANi
                        RHODE -~~~~~~~~~~                ~~~~~~ISLAND ACniO  PLAN  .      Prhocedra Stegistser TOfeeo  Higwoy Placecs,  GrI.I-~    i      1 DOT  14*1Ac                7

          AHdaped  rmIvnoyo   hd  ISLAnd FmWokPAn   TERhia  RaESORCE BOARD63

                          Providence:~~~~~~~~~~~~~,Or Statewid  Planning Progrm  Augu Wste  96

                                    360

      Legend for Table C-9

      1. Department - The name of the department responsible for writing
          the plan.

      2. Division - The name of the division Within the department
          charged with writing the plan.

      3. Plan Title - Formal title of the plan.

      4. Plan Coverage - Major programs covered by the plan.

      5. State - An asterisk indicates the plan is required by RI
          General Assembly legislation.

          The letter "E" indicates authorization by gubernatorial
          executive order

      6. Agency - An asterisk indicates where a state agency has
          determined that the preparation of a plan is necessary for the
          execution of its legislated responsibilities.

      7.  Federal - An asterisk indicates the plan is required by
          federal legislation.

      8. Federal Agency to Which Plan is Submitted - Name of the federal
          department which receives the plan, if applicable.,

     9.  A-95 Review - An asterisk indicates that A-95 review is required
         prior to submission of the plan to the federal agency.

          It should be noted that in many cases where plans are not
          subject to A-95 review, funding requests for specific projects
          discussed in the plan do come under this review process.

    10. Program Funding - An asterisk indicates that funding is
          related to the plan.

     11. Preparation Frequency - How often the plan is prepared.

         A = Annual preparation.
          Once = Plan is prepared once.
          Once* = Basic plan is prepared once but is updated periodically.

     12.  Most Recent Plan - The date of the latest plan or major plan
          revision.

                     This plan is composed of several parts, some of
                    which have been completed.
                  = Initial plan expected to be completed by this date.
    Other Symbols

                     Part of the State Guide Plan.
              * =  This plan will be replaced by #5.
                  = This plan is also known as the Statewide Comprehensive
                     Outdoor Recreation Plan (SCORP).

                                              361

                                      TABLE C-10

                                RELEVAiNT MUNICIPAL PLANS TABLE

                               Zoning1   Comprehensive   Recreation          Technical
                                           Plan (Date of   and Open          Services4
                                          Adoption)2       Space Plan3

        Barrington*,:    ,      1972        x (1967)          1975             DCA

        Bris tol"* \0           1970        x (1966)          1975             DCA &   Staff
        Burrillville                        x (1966)         1975              DCA

        Central Falls                       x (1969)         1975              Staff

        Charlestown*            1974        x (1973)         1975              DCA

        Coventry                            x (1967)         1976              Staff

        Cranston*               1973        x (1961)         1974              Staff

        Cumberland.                         x (1967)         1975              DCA

        East Greenwich*         1974        x (1966)         1975              DCA & Staff

        East Providence*        1972        x (1962)         1975              Staff

        Exeter                              x (1974)         1975

        Foster                              x (    )                           DCA

        Gloucester                          x (1969)                           DCA

        H[opkinton                          x (    )         1974              Staff

        ,Jamestown*             1972        x (1966)         1975

        .Johnston                           x (1965)         1975              DCA

        Lincoln                            x (1968)          1976              DCA

        Little Compton*        1972         in prep..        1974              DCA

        Middletown*             1975        x (    )         1975              DCA

        Narragansett*           1974        x (1967)         1975              DCA

        Newport*                1972        x (1956)         1975              Staff

        New Shoreham*          1972        x (1972)          1975              DCA

        North Kings town*      1974        x (1972)          1975              Staff

        North Providence                    x     )         1975              DCA

    .! !North Smithfield                    x (    )          1975              DCA

        Pawtucket*                         x (1966)          1975              Staff

        Portsmouth.*           1972         in prep.         1976              DCA

                                        362

                          Zoningl   Comprehensive    Recreation        Technical
                                    Plan (Date of    and Open         Services4
                                    Adoption)2        Space Plan3

    Providence*            1975        x (1964)          1976             Staff

    Richmond                           x (    )          1975             DCA

    Scituate

    Smithfield                         x (1970)          1975             DCA

    South Kingstown*        1976       x (1965)          1975             Staff

    Tiverton*               1972       x (1968)          in prep.         DCA

    Warren*                 1970       x (1967)          1975             DCA

    Warwick*               1971        x (1968)          1975             Staff

    Westerly*               1976       x (1972)          1975             DCA

    West Greenwich                     x (1966)          1976             DCA

    West Warwick                       x (1970)          1975             DCA & Staff

    Woonsocket                         x (1969)          1975             Staff

    * Coastal Community

    1. Date of zoning information mapped on CRMC maps (1:12000 scale U.S.G.S.
       quadrangle enlargements)

    2. Date usually indicates the adoption of first plan. Comprehensive
       plans are updated in whole or part on an irregular basis

    3. These plans were prepared under a state program as part of the
       State program as part of the State Comprehensive Outdoor Recreation
       Plan

    4. DCA: Department of Community Affairs

                                               363

       (c)  Coordination with Adopted Plans

                The Coastal Resources Management Council is "the principal mechanism
            for management of the State's coastal resources" (46-23-1; G.L.R.I.).
            Additionally, it is the enacted policy of the state of Rhode Island
            "that all departments and agencies of state government are hereby authorized
            and directed to cooperate with the Council" (46-23-10, G.L.R.I.).
                Extensive and long-standing cooperative arrangements exist between
            the Council and other entities with regulatory responsibilities, plans
            and programs which affect the state's coastal region. Because of the
            important roles played by the Statewide Planning Program and the newly
            created Department of Environmental Management in the planning and
            management of the coastal region, their responsibilities and interactions
            with the Council are set forth in some detail in C.1 and C.2 below and
            are illustrated in Figure C-34  The other more general coordinating pro-
            cedures are summarized in C.3.

        (1)  Statewide Planning Program (SPP):

                 In 1970 the Statewide Planning Program was named a division of the
            Department of Administration (42-11-2(20), G.L.R.I.)o Its functions
            are set forth in Executive Order 10 and include numerous administrative,
            planning and coordinating responsibilities.  The following functions are of
            primary importance and insure coordinatin between the Statewide Planning
            Program and the Coastal Resources Management Council.
                 (a)  The State Guide Plan:  The State Guide Plan directs the
                      physical, economic and social development of the state.  The
                      plan is formulated and adopted in functional or territorial
                      sections.  Completed sections of the Plan are listed in
                      Table C-9 of this chapter.  The Council's Coastal Resources
                      Management Program must be formulated around several basic
                      policies and criteria, including consistency with the State
                      Guide Plan.  In addition to the Council, the Department of
                      Transportation (42-13-2, G.L.R.I.), the entities created by
                      the Economic Development Act (42-64-1, G.L.R.I.) and the
                      Solid Waste Corporation (23-46, G.L.R.I.) are required to make
                      their plans consistent with the State Guide Plan.  Recent
                      enabling legislation for comprehensive municipal plans
                       (45-22-6, G.L.R.I.) also requires that such plans be consistent
                      with 'the State Guide Plan.  Coordination between the Council
                      and SPP in this matter is greatly facilitated by SPP's policy
                      of considering the Council as the primary agency responsible
                      for the development of planning elements of the State
                      Guide Plan for the coastal region.
                  (b)  The SPP was designated as the lead- agency for the Federal
                      Coastal Zone Management Act, Section 305-program development
                      grant.  This has assured Council/SPP cooperation and coordina-
                      tion in the development of the Rhode Island Coastal Resources
                      Management Program.

    S

                                                Figure C-3

                          THE RHODE ISLAND COASTAL RESOURCES MANAGEMENT PROGRAM

                                             COASTAL RESOURCES
                                             MANAGEMENT COUNCIL

                            /~~~~OSA EORE . \~

         STATEWIDE PLANNING PROGRAM                                       IDEPARTMENT OF ENVIRONMENTAL MANAGEMENT

    State Guide Plan         A-95 Review                              Coastal Resources        Enforcement          Land
                                                                - Permit Handling       - Enforcement       Acqu$sition
                                                                 & Review                 of Council
                                                                                       Regulations
    Technical Planning       Permit Review
     Support                                                                       /
     - "208" Program                                                            -
     - "303" Program                                                  Fish & Wildlife               Planning S Development    4
                                                                - Biological Review         - Permit Review
                                                                 of Permits                 - Administration of
                                                                                            Freshwater Wetlands
                                                                                            Regulations

                                                              Water Pollution              Air Pollution Control
                                                               Control                      - Air Quality Standards
                                                               - Water Quality
                                                                 Standards
                                                               - Liquid Waste
                                                                 Discharges
                                                               - Permit Review

                                          365

           (c)  The Statewide Planning Program is the designated state
                clearinghouse for review of federal funding programs and grant
                awards to state and local governments under Title IV of the
                Intergovernmental Cooperation Act of 1968.  As set forth in
                Office of Management and Budget Circular A-95, the Act sub-
                jects all such grant programs to review for environmental
                 impact and coordination with state, areawide and local plans.
                Pursuant to its obligations as the A-95 clearinghouse and
                reflecting its responsibilities as a cooperating agency
                within the Rhode Island Coastal Resources Management Program,
                the.Statewide Planning Program reviews all grant applications
                for comformance with applicable Council plans, programs,
                policies and regulations.  It also submits all in-state appli-
                cati-ons which involve a physical alteration in the coastal
                region and all applications which involve facilities over
                which the Council has jurisdiction outside the coastal region
                to the Council  bor.:comment and formal review.
           (d) Pollution Abatement Planning: The SPP is the lead planning
                agency for Sections 208 and 303 of the Federal Water Pollution
                Control Act (see page 125).
            (e)  Permit Application Review;  Each Council permit application
                 is reviewed by SPP staff to determine whether the proposed
                activity is consistent with the State Guide Plan.
            (f)  Technical Assistance:  Statewide Planning Program staff cooper-
                ate with Council support personnel in preparing planning and
                policy recommendations for Council review and adoption.

    (2)   Department of Environmental Management (DEM):

              In the January 1977 legislative session, the Rhode Island
      General Assembly passed an act (42-17, G.L.R.I.) "enlarging and
      reorganizing the State Department of Natural Resources and changing
       its name to Department of Environmental Management."  The Act took
      effect Octoberl, 1977 and transfers to DEM certain environment related
      functions of the Department of Health. The following divisions within
      DEM perform vital roles for effective implementation of the Rhode Island
      Coastal Resources Management Plan:
            (a)  Division of Coastal Resources:  The Coastal Resources Division
                processes all Council permit applications, undertakes
                engineering reviews, site visits and all related staff functions.
                 Its planners and engineers cooperate with other DEM divisions
                 in an advisory capacity to the Council.
            (b): Division of Fish and Wildlife:  Biologists, funded by the
                Coastal Resources Management Program and hired by the Division
                of Fish and Wildlife investigate and prepare staff reports on
                all permit applications before the Council.
            (c)  Division of Enforcement:  The Enforcement Division investigates
                complaints of violations of Council regulations and is
                empowered:to issue cease and dissist orders where such
                violations are found.  Its officers have arrest powers which
                 they may exercise where Council cease and dissist orders are
                 violated.

                                      366

         (d)  Division of Water Pollution Control:  See    (a) below.
         (e)  Division of Air Pollution Control:  See    (a) below.

       Coordination with this new agency will be an extension of the coordina-
    tion and cooperation which existed between the Council and the Departments
    of Natural Resources and Health over the first six years of the Council's
    existence.  Coordination of the state's coastal management program with
    the environmental management programs previously housed in the two
    separate agencies will be facilitated by their consolidation into one
    agency. Specific procedures for coordination are summarized below:
         (a) The Director of the Department of Environmental Management
              is an ex-officio member of the Council.
         (b) Water and Air Pollution Control Standards: Through the
              setting of air and water pollution control standards, and
              their regulatory and permitting authorities and responsibili-
              ties, the Divisions of Water Pollution Control and Air Pollu-
              tion Control, exercise important control over a wide variety
             of land and water uses. They do so pursuant to the require-
             ments and objectives of Federal Water Pollution Control Act
             Amendments of 1972 and the Federal Clear Air Act, both of which
              set forth minimum standards, abatement schedules and regula-
              tory measures for implementation by individual state air and
             water pollution control agencies. Under the provisions of the
             FWPCA the Division of Water Pollution Control establishes water
             quality standards for all of the state's waters and implements
              regulatory and permitting programs whose purpose is to maintain
             high water quality levels where they already exist and to
             achieve Class B or SB (fishable, swimmable waters) in all other
             areas within the time frames set by the Act.  The Council is
             mandated under 46-23-6, G.LoR.I. to incorporate these water
             quality standards in its own planning and regulatory activi-
             ties.
         (c) Applications for Sewage Disposal Permits in the Coastal
             Region: The Divisions of Water Pollution Control (major facili-
             ties) and Food Protection and Sanitation (domestic septic
             systems) forward all permit applications in the coastal region
             and for major facilities throughout the state to the Council
             for a determination as to whether a Council permit is necessary.
         (d) Council permit applications are routinely sent to the
             Divisions of Coastal Resources, Fish and Wildlife, Planning and
             Development, and Water Pollution Control for review and comment.
         (e) Council staff (Division of Coastal Resources) routinely review
             freshwater wetland applications in the coastal region that are
             before the Division of Planning and Development of DEM.
         (f) The Council can use the property acquisition powers of the
             Department of Environmental Management for any Council-
              related purpose (46-23, G.L.R.I.).

                                                                                      0

                                              367

          (3) Other coordinating mechanisms include
             (a) Council Permit Application Review Procedures:  The procedures des-
                 cribed in Appendix B insure coordination between the Council and
                 other state agencies and municipalities.  The following governmental
                 Officials and agencies receive and comment on all permit applications:
                  (a)  Statewide Planning Program
                  (b)  Department of Environmental Management
                  (c)  Rhode Island Historical Preservation Commission
                  (d)  Municipal officials from the municipality where the proposed
                       activity would take place.

             (b) State Planning Council:  Coordination of all plans within the state
                 accomplished through the State Planning Council which guides the work
                 of the Statewide Planning Program and must approve all elements of
                 the State Guide Plan.  The State Planning Council has statutory
                 authority (42-64, G.L.R.I.) to review projects proposed by the Port
                 Authority and Economic Development Corporation.  The Chairman of the
                 Coastal Resources Management Council is a member of this Council
                 as are representatives from the Departments of Administration,
                 Environmental Management, Transportation, Economic Development and
                 Community Affairs.

              (c) CRMC Method of Operation:  The Council requires that all other local
                 and state permitting agencies have acted before it will process an
                 application.  Projects approved by other agencies may subsequently
                 be prohibited by CRMC, but those prohibited by others are not enter-
                 tained unless cleirly inconsistent with the Coastal Resources Manage-
                 ment Program.

              (d) Technical Exchanges Between Groups with Adopted Plans:  The Council's
                 staff regularly works with the staffs of other state agencies,
                 Municipal Planning Departments and private groups to exchange infor-
                 mation and to develop plans and programs.  Within the last year, for
                 example, the Council and its staff have worked with the Department
                 of Economic Development on the Reuse of Quonset/Davisville, the City
                 of Warwi.ck on a Waterfront Plan, and the Town of Jamestown on public
                 beach siting.

         (d)  Consistency with Adopted Plans:

                  Conflicts between the Rhode Island Coastal Resources Management
             Program and other adopted state plans are minimal.  There are, however,
              inconsistencies between municipal zoning maps and some Council Manage-
             ment Policies.  These municipal zoning inconsistencies may be grouped
              into the following five categories:

    0

                                           368

            (1) Sensitive natural features (i.e., cliffs and bluffs, wet-
                 lands, streams) are not recognized.

            (2) Open space/conservation or agricultural lands are not desig-
                 nated zoning categories.

             (3) Barrier beaches are zoned for residential development.

             (4) Flood hazard zones are not given special protection.

                 Zoning maps do not recognized well established publicly or
                 privately designated recreation or conservation areas.

        A major problem in the municipal zoning process is that local communities
        do not presently have adequate powers to supply them with adequate
        tools for protecting coastal features. If the state Local Land Use
        Bill is passed, municipalities will have sufficient legislative authority
        to make their zoning ordinances more sensitive to land capability.

    (e) Mechanisms for Continued Consultation and Coordination:

             Active and regular mechanisms for the coordination of the Rhode
         Island Coastal Resources Management Program with the adopted plans
        of other entities already exist. The procedures described for
        coordination in(C)above are all presently ongoing and insure con-
        tinued consultation and coordination between state, local and pri-
        vate groups with adopted plans and the Rhode Island Coastal Resources
        Management Program.

              In addition, the Council, in cooperation with the Rhode Island
        League of Cities and Towns, is organizing a formalized mechanism to
        assure the fullest cooperation between the Council and municipalities.
        Among the issues to be addressed are:

             (1)  the setting of management priorities for specific activities
                 and/or geographic areas.

             (2) the effective transfer of information between the Council's
                  staff and local planning units.

             (3) Council staff assistance to local planning departments
                  to enable municipalities to make their plans consistent
                 with the Council's program.

             (4) To enable municipalities to present their plans and pro-
                  grams to the Council for endorsement by the Council, where
                  appropriate.

                                         369

                                      APPENDIX D

         MAJOR PROGRAM IMPLEMENTATION OBJECTIVES:  THE FIRST YEAR WORK PROGRAM

        When Rhode Island's Coastal Resources Management Program is approved by
    the federal Office of Coastal Zone Management, the state will become eligible
    for program implementation funds under Section 306 of the federal Coastal
    Zone Management Act.  A formal grant application for such funds will be sub-
    mitted when the state program is approved.  The "3061 grant application may
    be reviewed in detail through the A-95 review process by governmental
    agencies, private  groups and individuals.

         The program described below is ambitious and includes items that will
    require longer than one year to complete.

    A.  Program Implementation

        1.  Permit Review Procedures:

            a.  The Council's staff will use the maps and forms described in the
                Program introduction for the routine review of Council permit
                applications.
            b. The-Coastal Resources Center will closely cooperate with the
                Division of Coastal Resources to implement the new policies and
                regulations set forth in the RICRMP.
            c.  The Statewide Planning Program will continue to review Council
                permits for consistency with the State Gui:de Plan.
            d.  The Division of Fish and Wildlife (DEM) will continue to
                review Council permits by staff biologists.
            e.  The Division of Coastal Resources (DEM) will continue to ful-
                fill Council staff functions (both administrative and permit
                rev i ew).
            f.  The Council will sponsor the development of a computerized
                system to assist in the permit review process.  The system
                will involve an interactive terminal that will provide easy
                access to information bases including environmental models.
                This computerized system will also greatly facilitate record-
                keeping.

        2.  Enforcement:  In-order to ensure effective implementation and prevent
            violations or abuse of Council Policies and Regulations, funds shall
            be allocated to the Division of Enforcement of the Department of
            Environmental Management.  Because DEM is currently adding both
            staff and equipment to its Enforcement Division, it would be precipi-
            tant to detail at this time the exact amount of support that will be
            needed.

    B.  Continued Policy and Regulation Development

        The'policies and regulations in the Rhode Island Coastal Resources Manage-
        ment program, (Summer 1977) represent: the first comprehensive regulatory
        program for Rhode Island's coastal region.  As management proceeds, the

                                        370

        Council will furtherdetail policies and regulations for specific activi-
         ties and geographic areas. During the first year of implementation the
        following topics will be addressed:

         1.  Septic System Regulations:  The Council's staff will work with the
            newly created Environmental Standards Board to revise the state's
            domestic septic system disposal regulations and may develop special
             regulations for septic disposal systems in the coastal region as
            necessary.

         2.  Energy Facility Siting (Section 305(b)(8):  The Coastal Resources
             Center, in cooperation with the many state agencies with an interest
             in this topic, will undertake a study on energy facility siting in
             Rhode Island's coastal region.  The broad outlines of this study
            are set forth in Chapter 6. More detailed Council policies and regu-
             lations will result from this study.

         3. Coastal Erosion (Section.305(b)(a): The Coastal Resources Center shall
             undertake additional studies to identify erosion prone areas, the
            most suitable techniques for controlling such erosion, and shall
            modify existing or as necessary develop new management policies rela-
             tive to these areas.

         4. Coastal Ponds (see E.2 below):

    C. Continuing Coordination Efforts

         I.  Continue staff level coordination with the Areawide Water Quality
            Management Program.

         2. Continue cooperation with the Department of Economic Development
             to develop long-range plans for the reuse of excessed Navy property.

         3. tontinue coordination with the Department of Environmental Manage-
            ment in the long-range planning for the Port of Galilee. -

         4. Continue coordination with the city of Newport to plan for the use
            of the municipal pier.

         5. Continue coordination with the Army Corps of Engineers for the identi-
             fication of dredged materials disposal sites within Rhode Island's
             coastal region.

         6. Continue support of and involvement in the New England Coastal Zone
            Task Force.

         7. The Council, in cooperation with the Department of Environmental
             Management, shall investigate techniques for acquiring lands for
             inclusion in the Bay Islands Park System. The Council in coopera-
             tion with DEM shall apply for public access/island acquisition funds,
             (Section 315 (2)).

                                            371

         D.  Longer Range Planning and Coordination Efforts (to be initiated during the
    *la      first year)

             I.  The support of a Pollution Task Force.

             2. Cooperation with municipal and state agencies, commissions and boards
                 for restoration and redevelopment of the Port of Providence.

             3.  Submission of interstate planning grants (under Section 309 of the
                 Coastal Zone Management Act) to the office of Coastal Management to
                 coordinate Rhode Island's Program with the coastal management pro-
                 grams of neighboring Massachusetts and Connecticut.  The priority
                 issue to be addressed is estuarine management, particularly Mt. Hope
                 Bay and the Pawcatuck River/Little Narragansett Bay Systems.

             4.  Support of the search for new solutions to the marina space problem
                 by undertaking, underwriting and/or participating with others in
                 research and/or development of experimental projects.

             5.  Public Access to the Shore (Section 305(b)(7):

                 a.  The Council will undertake legal studies to verify contested
                     rights-of-way and identify additional rights-of-way in municipali-
                     ties where public access to the shore is limited.
                 b.  The Council will investigate the need for additional conserva-
                     tion and wildlife management areas in the coastal region and
                     identify appripriate sites.

         E.  Continued Research

             The Council recognizes that the coastal region is a dynamic, complex
             system about which new information is being constantly generated.  An
             effective and wise management program must continue to develop new.
             understanding of the region and incorporate such findings in its program.
             Therefore, the state will continue to sponsor focused research and
             planning efforts.  Specific projects to be undertaken the first year
             include:

             1.  Data Maintenance:  The Coastal Resources Center will continue to
                 update its inventory of the state's coastal resources so that relevant
                 new information. may be incorporated into the state program.

             2.  Coastal Pond Study:  A detailed year-long ecological study of Rhode island's
                 coastal ponds is being undertaken by the Coastal Resources Center.
                 The study should culminate in the adoption of detailed management
                 policies for individual ponds.

             3.  Assessment of Toxins within Rhode Island's Tidal Waters:  Inventories,
                 evaluations and recommendations for the control of hydrocarbons,
                 heavy metals and PCB's in Rhode Island's tidal waters will be pre-
                 pared and published by the Coastal Resources Center.

             4.  Aquaculture:  The Coastal Resources Center will publish a technical
      �*00Xf  0    ;treport on the potential of aquaculture in Rhode Island.

              5.  Coastal Erosion:  The Council shall continue to sponsor research to
                 monitor long and short term shoreline changes along the state's

                                           372

            south shore beaches.

        6. Fingerprinting of Oil: The Council will continue to coordinate and
            support a program whereby all shipments of oil into the state are
            sampled and "fingerprinted.'  This will enable the source of spilled
           oil to be traced.

        7.  Coastal Resources Inventory:  Publication of inventory data in a
            series of technical reports.

    F. Public Participation and Education

        1.  The R.!. Leagure of Cities and Towns, in cooperation with the Council,
           will organize a formalized mechanism to assure the fullest coopera-
           tion between the Council and municipalities.

       2. The Council will continue to chair and convene a Federal Advisory
           Committee. Among the issues the Committee will address are the
           feasibility of joint Council/federal agency permit review procedures
           and procedures for insuring federal consistency with the state pro-
           gram.

       3. The two major studies to be undertaken by the Council's staff during
           the first year of implementation -- the Coastal Pond Study, and Energy
           Facility Siting Study -- will involve extensive public participation
           segments for both the development of information and policies and
           regulations.

       4. Coastal Development Handbook: The Council's staff will prepare a
           handbook for potential applicants for Council permits. The hand-
           book will be an attractive, easy-to-read booklet that explains
           Council procedures and regulations as well as setting forth positive
           suggestion for ''ecologically sound" development.

           Continued  quarterly publication of 'BRIEFINGS'' the Council's
           newsletter.

       6. Public Education: The Council will continue and expand its public
           education efforts. Programs that will continue or be developed
           during the first year of Program implementation include:

           a. development of a program for senior citizen involvement in the
               Coastal Management Program;
           b. development and distribution of secondary school curriculum
               elements designed to heighten awareness and educate students in
               coastal management issues;
           c. development and distribution of curriculum material to com-
               pliment the Council's annual essay contest;
           d. teacher training program for use of the Council's already pub-
               lished Coastal Awareness Activity book for elementary grades;
           e. continuation of speaker's program for adult and student groups
               on the Rhode Island Coastal Resources Management Program.

                                         373

                        Cross Reference List-Index

    305(b) (1):  Boundaries
                 -  Appendix C, Page 306,  Section C-3 Boundaries of
                     the Coastal Region
    305(b) (2):  Uses Subject to Management
                 -  Appendix A, Page 262, Section 1C4 Direct Council
                     Management Responsibilities
    305(b) (3):  Areas of Particular Concern
                 -  Appendix C, Page 300 , Section C-2 Designation of
                     Geoqraphic Areas of Particular Concern, Areas to be
                     Preserved and Restored.
    305(b) (4):  Means of Control
                    Appendix A, Page 260 through 269,  Sections 1.3, 1.4, & 1.5
    305(b) (5):  Guidelines on Priorities of Uses
                    Appendix C, Page 291, Section C-1 Determination of
                     Use Permissibility and Priorities
    305(b) (6):  Organizational Structure
                 -  Appendix -A, Page 255, Section 1 Program Development,
                     Organization and Implementation Authorities in
                     Rhode Island
    305(b) (7):  Shorefront Planning Process
                 -  Chapter 1, Page 34-39, Shoreline Systems:  Findings
                     and Policies
    305(b) (8):  Energy Facility Planning Process
                 -   Chapter 6, Pages 21:6-245, Energy
    305(b) (9):  Erosion Planning Process
                 -  Chapter 1, Pages 52-58, Coastal Erosion
    306(c) (1):  Notice; Full participation,
                 -  Chapter 7, Page 246-248., Public and Governmental Participation
                 -  Appendix C, Page C-34, Section C-5 Public, State and Local
                     Government Involment
    306(c) (2)(A):  Plan Coordination
                    -  Appendix A, Page 266 , Section   Coordinating Responsibilities
    306(c) (2)(B):  Continuing Consultation Mechanisms
                    -  Appendix A, Pages  266-269
                    -  Appendix C, Pages C-52, Section e Mechanisms for
                        Continued Consultation and Coordination
    306(c) (3):  Public Hearings
                    Appendix C, Pages C-34, Section C-6
                    *  Subsection 6.2 Public Participation Effort
                    *  Subsection6.3 Preparation of Final Program Document
    306(c) (4):  Gubernatorial review and approval
                 -  Documentation will be contained in the transmittal signed
                     by the Governor which accompanies the management program
                     submission
    306(c) (5):] Designation of Recipient Agency
                  -  Same as above
    306(c)l (6):  Organization
                 - ::Same as above; also Appendilx A, Section 1
    306(c) (7):  Authorities
                    Same as above; also Appendix A
    306(c) (8)::  Adequate Consideration of National Interest
                 -  Appendix C, Page 309, Section C-4 Consideration of the
                     National Interest

                                       374

    306(c) (9): Areas for Preservation/Restoration
                 - Appendix C, Pages 300 to 305, Section C-2,
                     Designation of Geoqraphic Areas of Particular
                     Concern, Areas to be Preserved and Restored.
    306(d) (1): Administer Regulations, Control Development,
                  Resolve Conflicts
                 - Appendix A, Legal authorities - entirety
                    * Implementation authorities, case law, etc
                 - Appendix B, Procedural rules and regulations
                    *  Specifically sections B9 and BO1
    306(d) (2):  Powers of Aquisition, if necessary
                   Appendix A2 - case law

    306(e) (1):  Technique of control
                -  Appendix A
    306(e) (2):  Uses of Regional Benefit
                - Appendix C, P. 323 , Rhode Island Assessment of
                    Contribution to National and Regional Interests
    307(b):      Adequate consideration of Federal agency views
                - Appendix C, P. 309 , Section C.4, Consideration
                    of the National Interest
    307(f):       Incorporation of Air and Water Quality Requirements
                - Water - P. 87, Chapter 3, Coastal Water Quality
                - Air - P. 139, Chapter 3, Air Quality
                   Memo of Understanding - CRMC/EPA P.128

                                        375

                                      GLOSSARY

    Agency:  includes boards, commissions, departments or officers thereof
     other than the legislature or the courts authorized by law to make
      rules, determine contested cases or issue permits.

    Agricultural land:  (1)  tilled or tillable land upon which a crop is
      being or had recently been produced, (2)  actively managed orchards,
      nurseries and cranberry bogs and (3) lands used for livestock pasturing.

    Anadromous fish:  oceanic or estuarine species that spawn in freshwater.

    Anoxic:  lacking in oxygen.

    Antifouling paint:  marine paints having the property or preventing the
      accumulation of barnacles, algae, etc., on underwater surfaces.

    Aquaculture:  the culture-of aquatic species under either natural or
      artificial conditions; includes but is not limited to fish farming
      utilizing pens, tanks or impoundments and the culture of shellfish on
      the     sea floor or suspended in the water column.

    Atlantic flyway:  one of the four general migration routes followed by
      waterfowl and other migratory birds across the U.S. between northern
      nesting areas and southern wintering areas.

    Barrier beaches:  narrow strips of land made of unconsolidated material
      extending roughly parailel to the general coastal trend and separated
      from the mainland by a relatively narrow, body of fresh, brackish or
      saltwater or a wetland.  (Maps defining areas subject to Council
      regulation as barrier beaches are on:file at the R.I. Office of
      Secretary of State).  Lateral limits of barrier beaches are defined as
      the point at which unconsolidated sand or cobble abut  rock, glacial
      till or other sediments unrelated to deposits made by wind or waves.
      Beaches and coastal wetlands are frequently found along the borders
       of the barrier beaches.

    Barrier wetland: Any coastal wetland, freshwater wetland, marsh, swamp
      or bog; or any combination thereof, provided same is part of a desig-
      nated barrier beach (see barrier beaches).

    Beach:  :physiographic feature bordering a body of water composed of un-
      consolidated sediments (mud, sand, gravel, cobble, etc.) that is
      shaped by the forces of winds and waves.  The lower reaches of beaches
      are regularly inundated by water, the upper portions may be vegetated.
      The inland boundary of a beach is characterized by a change in sediment
      type and/or slope (for example, the base of a cliff or bluff, a dune or
      a man-made feature).   -

    Benthos:  marine life which lives on or in the bottom.

    Bluff:  ia physiographic feature composed of unconsolidated materials;
     a deep land form; abut tidal waters or beaches, coastal wetlands,
      barrier beaches or shoreline protection facilities.

                                       376

    Bona-fide benefit to public welfare:  an actual and genuine benefit in
      the interest of and for use and enjoyment of the community, state, or
      nation.

    Breachway:  a connecting channel, usually between a coastal pond and the
     ocean, which permits water exchange between the two.

    Bunkering:  providing fuel to a ship.

    Burden of proof: the burden placed upon the party of producing evidence
      satisfactory to the trier of fact, or a particular fact in issue, as
     well as the burden of pursuading the trier of fact that the alleged
      fact is true.

    Cliffs and ledges: physiographic features composed of consolidated rock.
      Cliffs are steep landforms, ledges are not. To qualify as coastal
      physiographic features, cliffs and ledges must abut tidal waters or beaches,
      coastal wetlands, barrier beaches, or shoreline protection facilities...

    Coastal enviornment:  the complete system of living organisms and physical
      surroundings within the waters and shore lands of estuaries and the
      near shore ocean, and the terrestrial areas influenced by this system.

    Coastal natural area: distinct land or water areas which are essentially
      unaltered and unaffected by man and retain their natural characteristics.
      Designated sites are identified in Rhode Island's Coastal Areas:
      Priorities for Protection and Management, George L. Seavey, Coastal
      Resources Center, University of Rhode Island Marine'Technical Report
      No. 43, Kingston, 1975.

    Coastal wetlands:  61a  marshes bordering on the tidal waters of this state,
     whether or not the tidal waters reach the littoral areas through natural
     or artificial water courses, and such uplands directly associated and
      contiguous thereto which are necessary to preserve the integrity of such
     marsh. Marshes include those areas upon which grow one or more of the
      following: Smooth cordgrass (Spartina alterniflora) salt meadow grass
      (Spartina patens), spike grass (Distichlis spicata), black rush (Juncus
      gerardi), saltworts (Salicornia spp.), sea lavender (Limonium
      carolinianum), salt marsh bulrushes (Scirpus spp.), high-tide bush
      (Iva frutescens), tall reed (Phragmites communis), tall cordgrass
      (Spartina pectinata), broadleaf cattail (Typha latifolia), narrowleaf
      cattail (Typha angustifolia), spike rush (Eleocharis rostellata),
      chairmaker's rush (scirpus americana), c'reeping bentgrass (Agrostis palustris),
      sweet grass (Hierochloe odorata), and wild rye (Elymus virginicus).

    Contested case: a proceeding in which the legal rights, duties or pri-
      vileges of a specific party are required to be determined by the Council
      after an opportunity for hearing.  A proceeding before the Council
      shall be considered contested when a formal written objection and/or
      request for hearing is received by the Council from any interested party.
      Further, a proceeding shall be considered contested upon request for
      hearing by any member of the Council.

    Contiguous: in close proximity, near to; however not necessarily bounded
      by or touching.

                                        377

    Council: the Rhode Island Coastal Resources Management Council or, when
      the context permits, individual Council members, subcommittees, its
      staff. agents or employees.

    Council Office: the offices of the Council at the Division of Coastal
      Resources, Department of Natural Resources, 83 Park Street, Providence,
      Rhode Island or any such address as may be the location of the principal
     office of the Council.

    Council meeting:  any meeting of the full Council or a subcommittee.

    Council Representative: a person appointed or employed as the Council's
      representative or agent.

    Cryogenic: a material kept at an extremely low temperature; in the case of
      liquified natural gas, below -230� F.

    Depositing shore:  a shore which is accumulating sand or other sediments,
     as opposed to a shore which is eroding.

    Depuration:  the process of cleansing; for example, the purification of
      clams taken from polluted waters.

    Detritus:  particles of organic matter in varying stages of decomposition.

    Development:  the making of and/or any material change in the use of any
      structure or land or water body, including but not limited to:
     any building, mining, dredging, filling, excavation or drilling
      operation; alteration of the shore, rivers, streams, lakes or ponds;
      devegetation, demolition, deposit of fill, solid or liquid waste; con-
      struction, installation, reconstruction of a structure; a change in
      the type or class of use of land; or a material increase in the intensity
      of use.

    Developments and operations: for all Council permitting purposes, this
      includes any use and/or alteration of and/or activity in, under or over
      the state's tidal waters and coastal ponds except for navigation,
      fishing and/or fisheries management.

    Discharge:  any spilling, leaking, pumping, pouring, emitting, emptying
      or dumping either directly or indirectly to the waters of the State
      of Rhode Island.

    Direct and significant impact:  See Appendix C, Section 1.3.

    Exploitable natural resources:  naturally occurring marine or terrestrial
      minerals, vegetation, animals, physiographic features, or             other
      physical phenomena such as sunlight, wind, or the flow of water which
      can be utilized for human purposes.

    Eutrophication:  nutrient enrichment in the aquatic environment, leading
      to excessive growth of aquatic plants, which can detrimentally alter
      water quality parameters, especially oxygen concentration.

                                           378

    Fair Preponderance of the Evidence: evidence sufficient to create in the
      mind of the trier of facts a conviction that the party, upon whom is the
      burden, has established its case, and not mere suspicion that it has,
      however strong that suspicion may be.

    Fauna: animal life.

    Glacial till: unconsolidated and unsorted material left by the movement
      of glaciers consisting of clay, sand, gravel, and boulders.

    Groin:   a rigid structure built out from a shore to protect the shore from
      erosionto trap sand, or to direct a current for scouring a channel.

    Half-life: the time required for half the atoms of a radioactive substance
      to disintegrate.

    Halocline: a vertical gradient of salinity in the water column.

    Hydrologic: related to water.

    Larvae: the early form of an animal that at birth or hatching is funda-
      mentally unlike its parent and must metamorphose before assuming the
      adult character.

    License: includes the whole or part of any agency permit, certificate,
      approval, registration, charter or similar form of permission required
      by law, but it does not include a license required solely for revenue
      purposes.

    Licensing: includes the agency process respecting the grant, denial,
      renewal, renovation, suspension, annulment, withdrawal or amendment of
      a license.

    Lightering: the use of a smaller vessel for unloading cargo from larger
      ships in open water.

    Longshore currents:  a current running parallel and adjacent to the
      shoreline.

    Macro algae: algae visible to the unaided eye, such as irish moss
      or kelp.

    Micro algae: predominantly unicellular algae which can only be seen
     with the aid of a microscope.

    Monoculture: the cultivation of a single product.

    Neritic: marine waters having properties of both estuarine and true
     oceanic waters.

    Oil: oil of any kind and in any form including, but not limited to petro-
      leum, fuel, oil refuse, oil mixed with other wastes, crude oils and all
     other liquid hydro-carbons regardless of specific gravity.

                                            379

        Ocean dumping:  disposal of non-dredged waste materials from vessels or
          by other other means into marine waters; ocean dumping shall not include
          discharges of effluent incidental to the operation of vessels, the
          dumping of fish wastes, or the placement or deposit of materials on the
          sea floor for the purpose of enhancing fisheries.

        One Hundred Year flood level:  The area above mean high water which has a
          probability of bering flooded once in a one-hundred year period. The
          line has been designated by the Department of Housing and Urban Development.

        Operate or Operation (in the context of vessels-to-vessels transfer
          regulations):  any person owning or operating an oil carrying tanker
          vessel with a capacity of more than 5,000 gallons whether by lease, con-
          tract-or any other form of agreement.

        Orthophotograph:  An aerial photograph in which the distortion of images
          due to tilt and relief have been removed and the image has then been
          planimetrically corrected to conform to U.S.G.S. topographic maps.

        Parties:; A person, agency or organization is a party to a proceeding
          before the Council if:

           (1)  he or it is entitled to the status of a party under 42-35-1 of
               the General Laws or any other provision of law; or

          (2)  upon application for leave to intervene, he or it is allowed to
               do so by the Council on the ground that

                (a)  such applicant is entitled by law to the status of a party; or
                (b)  such applicant could have been a complainant in such
                    proceeding; or
                (c)  such applicant has a complaint or a defense which has a
                    question of law or fact in common with the main proceeding;
                    provided that an application by an applicant described in
                     (2) or (3) shall be subject to the discretion of the Council.

         Person:  means any individual, partnership, corporation, association,
          governmental subdivision, or public or private organization of any
           character other than an agency.

         Petroleum products:  includes crude or refined oils, kerosene, gasoline,
           natural gas or liquified natural gas (LNG), liquified petroleum gas
           (LPG) synthetic natural gas (methane or SNG) or other such petroleum
           derivatives.

         Petroleum Processing:  Includes procedures and facilities for the refinement
           of crude oil into other petroleum products such as heating oil, kerosene,
            and gasoline; and includes procedures and facilities for the fractionation,
           liquefaction  or other refinement of petroleum, natural or synthetic gases.

         Physiographic feature: ~ a land form or element of the landscape.

    * 00  tPhytoplankton:  small suspended aquatic plants which passively drift in the
           water column as, used in this document.

         Plan:  The State of Rhode Island Coastal Resources Management Program, as used
           in this document.

                                         380

    Plankton: small suspended aquatic plants and animals which passively drift
     or swim weakly in the water column.

    Policy: as used in this document the policies and regulations of the Coastal
      Resources Management Council as stated in the Coastal Resources Management
      Program.

    Priority of Use: reflection of the Council's assessment of those uses deemed
     most likely to be consistent with adopted Council Policies and Regulations.
      However, all applications shall be reviewed on their individual merits and
      designation as a high priority Use shall not in any manner relieve an
     applicant for such a use or activity of any burden of proof set forth under
     applicable Council Policies and Regulations.

    Probative evidence: evidence possessing a quality of proof and having fitness
      to induce conviction of truth.

    Program: as stated in this document the State of Rhode Island Coastal Resources
     Management Program.

    Radial & circumferential Highways: Radial highways are those roads which
     originate in a central city and provide directly outward routes. Circumferential
      highways are those roads which form rings around a central city, and provide.
      interconnections with radial routes.

    Revetment: a type of seawall that blankets, and generally conforms to the
     contours of a coastal feature.

    Reasonable probability of conflict: an inconsistency that can be rationally
     and properly inferred to occur upon examination of available facts.

    Restoration: return to a former, original, normal or unimpaired condition.

    Rip rap: a foundation or sustaining wall of stones placed together without
     mortar in deep water or on an embankment slope to prevent erosion.

    Rookery: a communal breeding site of birds or seals.

    Rule: an agency statement of general applicability that implements, interprets,
     or prescribes law or policy or describes the organization, procedure, or practice
      requirements of any agency. The term includes the amendment or repeal of a
     prior rule, but does not include (1) statements concerning only the internal
     management of an agency and not affecting private rights or procedures available
      to the public, or (2) declaratory rulings issued pursuant to 42-35-8, or (3)
      intra-agency memoranda.

    Runoff: that portion of precipitation which is not absorbed into the ground and
     which drains naturally or through man-made channels to surface waterbodies.

    Sand Dune: a sand dune (dune field) is an elevated accumulation of sand formed
      by wind action and normally following the general coastal trend immediately
      inland or an unvegetated beach. The seaward limit of the dune is defined as:
      (1) the furthest seaward point where a noticeable sustained increase in general
      topographic slope begins, or (2) the furthest seaward extent of rooted vegeta-
      tion in the immediate area, or (3) fifteen (15) feet seaward of the maximum
     elevated portion of the dune, whichever is further seaward. The inland limit

                                           381

          of the dune shall be defined as: (1) the furthest inland point where a
          noticeable sustained increase in general topographic slope begins, or (2)
          fifty (50) feet inland of the maximum elevated portion of the dune, which-
          ever is further inland.

          Where a dune thus defined is interrupted by natural or man-made breaks,
          wash overs or blowouts, its seaward and inland limits shall be considered
          to follow lines extending between the furthest seaward and inland limits
          of the dune on one or both sides and following the general coastal trend.

        -Scarp:  a line of cliffs or bluffs produced by faulting or erosion.

        Sewage:  the Council has adopted the definition of sewage set forth under
          Title 46, Chapter 12, Section 1 of the General Laws, to wit:

          "...any human or animal excremental liquid or substance, any decomposed
          animal or vegetable matter, garbage, offal, filth, waste, chemical, acid,
          dye stuff, starch, coloring matter, oil and tar, radioactive substances and
          any compound, solution, mixture, product, thereof, and every substance which
          may be injurious to public health or comfort, or which would injuriously
          affect the natural and healthy propogation, growth or development of any fish
          or shellfish in the water of this State, or of the nourishment of the same,
          or which.would injuriously affect the flavor, taste, or value as food of
          any such fish or shellfish or which would defile said waters or injure or
          defile any vessel, boat, wharf, pier, or any public or private property upon,
          in or under said waters or any shore thereof."

    !)    :ifFor purposes of the Coastal Resources Management porgram, "sewage" shall further
          be defined to include every substance which could injuriously affect the natural
          and healthy propagation, growth or development of any animal and/or plant life
          in the water of the State, or of the nourishment of the same.

          Because runoff any include substances which may be injurious to public health
          or to animal and/or plant life, for purposes of the Coastal Resources Management
          Program "sewage" shall be further defined as including silt and other particulates
          introduced into, and/or artifical increases or decrease above or below ambient
          of freshwater inflow into tidal and inter-tidal waters, coastal ponds and
          coastal wetlands.  The term "sewage" as defined above includes thermal discharges.

        Shoreline; protection facilities:  breakwaters, bulkheads, groins, jetties, rip-
          rap walls, filled areas and other structures or results of construction
          customarily employed to correct, control, or prevent erosion.

        Significantly damage the environment:  detriment, harm and/or destruction
          of the environment, as opposed to damage of trivial consequence.

        Stratigraphy: the arrangement of various layers of sedimentary-rocks.

        Structure:  anything built or constructed.

        Thermal discharge:  the discharge of heated water or air into the environment.

     .  Thermocline:  a layer in a thermally stratified body of water that separates
          an upper warmer, zone from a lower, colder zone.

                                        382

    Tidal prism: the flow of water entering an estuary from the sea over the
      flood cycle, not including the fresh water input.

    Transfer: includes transportation by vessel, pipeline or any other means;
      offloading and onloading between vessels; offloading from vessels to shore
      facilities; offloading from shore facilities to trucks, trains, or any other
      vehicle.

    Vessel: every kind of watercraft or other contrivance used or capable of being
      used as a means of transportation on water, whether self-propelled or other-
      wise, including barges and tugs.

    Water table: the upper limit of that portion of the ground wholly saturated with
     water.

                                         383

                               Part III

           PROBABLE IMPACTS OF THE PROPOSED ACTION ON THE ENVIRONMENT

         Significant environmental, social and economic impacts will result
    from Federal approval of the Rhode Island Coastal Zone Management
    Program. Impacts directly resulting from Federal approval fall into
    four categories.  First, an increase in funds and funding options
    will permit the CRMC to implement the Program through more effective
    administration of existing management authorities.  Second, Federal
    approval will require that Federal government actions be consistent
    with the management program to the maximum extent practicable. Third,
    approval will signify that the State has an acceptable procedure to
    insure adequate consideration of the national interest involved i'n
    the siting of facilities necessary to meet requirements which are other
    than local in nature. While the State is not compelled to propose a
    program which accomodates certain types of facilities, the impact of
    this procedure  shall assure that the State has adequately considered
    the national interest in formation of the program.

         Finally, Federal approval will insure continued State eligibility
    to receive assistance under the Coastal Energy Impact Program, Section 308
    of thei Coastal Zone Management Act.  This will provide financial aid
    in ameliorating the impacts associated with offshore oil and gas production
    off the Rhode Island coast.  Additional eligibility for other coastal
    zone assistance programs such as interstate coordination, beach access,
    island preservation, research, and training will also be assured.

         In order to fully understand the impacts associated with Federal
    approval, it is necessary to evaluate the probable impact of program
    implementation by the State of Rhode Island. The following descrip-
    tion of program impacts is divided into two chapters. The first chapter
    summarizes the impacts directly resulting from Federal approval. The
    second chapter summarizes the broad environmental, social and economic
    impacts of the program proceeding inland from coastal waters. The chapter
    then proceeds to a more detailed analysis of the impacts organized
    by the various permit regulations adopted by the Council.

                                        384

                               Chapter 1

               Impacts Directly Resulting From Federal Approval

    .  Program Funding
      Federal approval will permit the Office of Coastal Zone Management
      to award program administrative grants (Section 306) of the Coastal
      Zone Management Act to Rhode Island.

       Increased Federal money will allow the State to:

        a) .Hire a full-time fiscal officer in the Governor's office.

        b) Increase the number of enforcement officials in the Department
           of Environmental Management.

        c) Increase the permit staff, technical professionals and planners
           serving the Coastal Resources Management Council.

        d) Provide technical assistance to Coastal Resources Center to
           undertake special studies to monitor coastal processes for
           the Council. (i.e., erosion prone areas, barrier beaches,
            long shore drift, marina space problems, rights of way and launch
            ramps, the need for additional conservation areas, a detailed
           management program for coastal ponds, and the potential for
           aquaculture development and energy facility alternatives in or
           affecting the coastal region).

        e) Streamline ongoing regulatory permit processes.

        f) Make related programs possible, such as:

            1) Fund support for beach busing program

           2) Develop solutions to recreation-related traffic
              congestion and parking problems.

           3) Expand public education programs on Rhode Island's
              coastal environment, for both adult and school groups.

        g) Additional funding will also permit the State to purchase
           equipment, for example, patrol vehicles for enforcement
            purposes.

         h) Rhode Island has described the types of activities for which it will
            use Federal funds in Part II1.   Section 308 of the CZMA will
           allow the State to receive financial assistance in the form
           of direct loans, credit assistance, formula grants and facility
            planning grants to help ameliorate onshore impacts associated
           with OCS oil and gas development. Additional funding for

                                        385

    interstate coordination, beach and island preservation and access,
    research, and training will also be available.

    2.  Federal Consistency
       The approval of the Rhode Island Program will mean that all Federal
       agencies must follow the provisions of Section 307(c) and (d)
       of the CZMA.  These provisions and the manner in which Rhode
        Island intends to implement this Section of the Act are described
        in Part II.

        The Rhode Island Coastal Management Program has evolved with the
        considerable assistance and input of numerous Federal agencies
       with responsibility for activities in or affecting the coastal
        zone.  No activities or relevant Federal agencies are excluded
        from locating in the coastal zone although these activities may
        have to meet environmentally protective policies to obtain coastal
        sites and/or be located outside the coastal zone if adverse envi-
        ronmental effects cannot be sufficiently mitigated.

        When Federal agencies are undertaking activities including develop-
        ment projects directly affecting the State's coastal zone, they
        must notify the State of the proposed action.  The parties will
        then have an opportunity to consult with one another in order
        to ensure that the proposed action not only meets Federal require-
        ments but is also consistent, to the maximum extent practicable,
        with the State's management program.  In the event of a serious
        disagreement between the State and a. Federal agency, either party
        may seek Secretarial mediation services to assist in resolving the
        disagreement.  By virtue of the availability of early Federal-
        State consultation, these procedures will provide all parties with
        an opportunity to balance environmental concerns along with other
        national, State and local interests.

        In cases where the State judges that proposed Federal license,
        permit or assistance activities affecting its coastal zone are
        inconsistent with the State's coastal program, the Federal agency
        will be required to deny approval for the activities.  State objec-
        tions must be based upon the substantive requirements of the manage-
         :ment program whinch include consideration of issues such as air
        and water quality protection, prevention of shoreline erosion, protection
        of valuable wetlands and other environmentally  related objectives.
        Accordingly, State objections will often result in preservation of
        the environmental quality of coastal resources.  On the other hand,
        State objections may induce Federally' regulated and assisted projects
        to locate in alternative sites thereby causing adverse impacts in
        non-coastal areas.

                                       386

    3.  National Interest
       Federal approval of the State's Coastal Management Program is
       dependent In part on a finding that the State has adequately
       addressed national interests in the siting of facilities *and
       management of areas that are more than local interest.  Such facil-
        ities and areas include electric power generating facilities,
        public beaches and parks, Outer Continental Shelf oil and gas
       exploration service facilities, national defense installations,
        fisheries, historic sites and districts, and wetlands. National
        interest is outlined in Part 11.

       This requirement is intended to ass ure that nationalI concerns over
       facility siting are expressed and dealt with i~n the development and
        implementation of State coastal management programs. The require-
       ment should not be construed as compelling the States to propose
       a program which accommodates certain types of facilities, but to
       assure that such national concerns are adequately considered in the
       management program.

       The provisions might have two impacts. First, it will prohibit
       a State from arbitrarily or categorically prohibiting or excluding
       any use or activity dependent on the coastal zone. In the absence
       -of a comprehensive program such considerations might simply be
        ignored by oversight or default. This requirement will. insur~e
        they are specifically considered.  On the other hand, the exis,-
       tence of a consultative procedure should lead to the more delib-
       erate and less fragmented decision-making concerning siting of
       facilities in the coastal zone.

       An example of the interaction between national interest and Federal
       consistency would be the proposed siting of an energy related facility
        in the Rhode Island coastal region. On the one hand the Program
       specifically recognizes that the construction of coastally dependent
       energy facilities may be in the national interest. No such facilities
       are specifically prohibited from, locating in the Rhode Island coastal
       region. Furthermore, the Program also contains numerous provisions
       and policies which establish the suitability of specific sites or
       resource systems for energy related developments. Relevant siting
       considerations therefore' include, among others, potential impacts
       on other uses, areas and resources .of state and/or national inter~est
       such as public recreation, facilities (eg. the Bay Island Park.System)
       coastal wetlands and other natural features. These broad areas
       of national interest may- conflict in,,a specific situation in which
       case the policies contained in the State Program provide guidelines
       for resolving such conflict. In such an event the state could use
       the Federal consistency provisions of the Coastal Zone Management
       Act to insure implementation of its decision at the Federal level.

                                     387

                              Chapter II

       THE PROBABLE IMPACTS OF APPROVAL ON EXISTING MANAGEMENT AUTHORITIES

    A. Summary of Environmental Impacts

         The Coastal ResourcesManagement Council's regulation of activities
    in coastal waters will minimize many of the environmental affects
    associated with coastal development and have a positive long range
    impact.  Dredging in port areas will be of high priority and all
    dredging permits will be conditioned to minimize possible environmental
    impacts. Transportation of oil and transfer of gas and oil in coastal
    waters will be conditioned to prevent environmental damage from potential
    oil spills.

         The coastal program will protect key natural resource areas of the
    coast: salt marshes, beaches, undeveloped barrier beaches, dunes and
    fishing grounds. The Program will help to preserve the coast's aesthetic
    qualities and the various types of recreational opportunities available
    along the shore. By preserving these key natural resource areas the
    Program will discourage further inappropriate development in hazardous
    areas.

         The Program has been developed in order to balance short-term
    uses and long-term productivity.  Areas for future development or
    protection have been coordinated with State and local plans and policies
    for coastal land and water use.  Some "Areas of Particular Concern"
    (APCs) are designated to preserve long-term productivity. Short-term
    uses, such as residential or industrial development result in long-
    term restrictions on coastal resources use.  The Program requires
    future developments to restore parts of the coastal-zone for long-
    term benefits. There are, for example, site reclamation restrictions
    for pipeline landfalls, sand and gravel mining, docks and nuclear sites.

         The Council's policy for barrier beaches prohibits construction
    on and/or alteration of undeveloped barrierbeaches.  This policy will
    have a positive impact on preserving unaltered barrier beaches.  Altered
    or developed barrier beaches will be allowed to be built on subject to
    Coastal- Resources Management Council regulations.  Such development on
    altered barrier beaches would have some long range .adverse environmental
    impacts.

         The Council's policies will have a positive impact on preserving
    coastal bluffs, cliffs, and ledges  by restricting all development in
    areas contiguous to these coastal regions. These areas will remain
    as open space and act as natural storm buffers.

                                    388

         Most types of major development located in or within one mile
    of tidal areas will be regulated by the State. However, community
    character, and the intensity of urban development will remain the
    responsibility of local governments.  The Program  leaves land use
    decisions   of predominantly local impact up'to the-dlscretion of
    local governments. The Council has imposed a moratorium on all new
    electric generating facilities and expansion of existing tank farms
    beyond their present bounds until September, 1978. The Council has
    taken this action in order to ensure that sufficient time has been
    given to analyze and gather new data related to these facilities.
    The studies will be part of the Section 3.05(b)(8) requirements the
    State will submit in late 1978. Thus, the environmental impacts of
    the Council's electric energy policies cannot be assessed until these
    studies are completed.

    B. Summary of Social and Economic Impacts

         The Rhode Island Coastal Zone Management Program seeks to conserve
    and protect key ecological coastal resources, while it advocates
    increased development of already developed areas. Although the Rhode
    Island Program does not anticipate a decline in the present rate of
    development in the coastal zone, the Program may shift some develop-
    ment activity inland.

         The Program will provide an improved decision-making process
    for determining coastal land and water uses, siting of facilities in
    the national interest and provid-  increased predictability about
    what can and can not occur in the coastal region.

        New Development Impacts
        New development is expected to continue at its present rate, but
        will be encouraged to occur in existing developed areas. The
        principal responsibility to plan for and manage land use and
        development will be left to the discretion of local governments.
        However, the Council will influence future land development by
        considering of low priority foe sewage treatment facilities areas
        identified as low intensity areas. The Council also will control.
        development through sewage treatment permits/activities contiguous
        to barrier beaches, sand dunes, coastal wetlands, public rights
        of way, coastal bluffs, historical districts, and conservation
        areas.

        Over the long run, as land suitable for development with sewers'
        is exhausted, the need for public investment will become more
        critical to future development. Thus, a key impact of the plan
        will be that the public sector investments will increasingly
        determine the location of growth in the coastal zone. Since the
        plan seeks to concentrate development in and adjacent to developed
        areas, development may occur at higher densities and in fewer
        places.

                                                 389

                    The conservation of sensitive coastal resources advocated may make
                    existing and future development more desirable and may raise
                    property values.  Present property owners would benefit econom-
                    ically while potential future residents might suffer as a result of
                    increased housing costs.

                    Fisheries Impacts
                    The.Rhode Island Coastal Zone Management Program advocates that
                    the highest priority of the Port of Galilee, and a high priority at
                    Newport shall be those uses related to the commerical fishing
                    industry.  In 1975, dockside value of fish landed at Point Judith
                    and Newport amounted to $15 million. Rhode Island's coastal zone
                    management policies are designed to conserve valuable coastal wetlands
                    and biological processes upon which fisheries depend. Furthermore,
                    the Program promotes the funding of new improvements to the primary
                    fishing ports of the State and supports expansion of existing
                    fishing Industries. Recreational fishing will be addressed
                    by the Program through the issuance of marina permits, or pier
                    construction permits.

                    Fishery related policies will have a positive impact on the fisheries
                    economy of the State. Without such improvements, the benefits
                    made available by an extended United States fishing zone would
                    not be fully realized in Rhode Island.

                    Impacts on Individual Coastal Land Owners and Uses
                    Coastal Resources Management Council shoreline policies advocating
                    the conservation of certain coastal resources (e.g., marshes, beaches)
                    are consistent with existing State laws in that they do not alter
                    -the development rights of individual property owners.  These
                    policies provide greater predictability to the owner.  Furthermore,
                    no owner's rights are redistributed to other-people; i.e., no
                    access rights are conveyed through the plan without just compen-
                    sation.       Some   individual owners will bear negative impacts,
                    although there are judicial processes to allow just compensation.
                    The newly expanded authority granted to Coastal Resource Management
                    Council over public rights of way will permit greater public access
                    to the shore.

                     Individual land owners may be burdened in the short run through
                    the Council's conditions, but over the long run, the Rhode Island
                    Program will provide net positive benefits to most coastal land
                    owners by promoting a high quality environment, and increased
                    public access to coastal waters.

    0�

                                  390

     The immediate impact of these policies will be'an insurgence of
     Federal/State money into local communities for projects and for
     new planning. In the short run, this may cause an increase in town
     expenditures where "matching" funds are required. If the Program
     is successful in improving the overall efficiency of public
     investments, local expenditures should be reduced in the long-term.

     Property tax revenue may be reduced because of conservation
     restrictions or constraints on industrial development. This may
     be partially compensated by increases in maritime dependent industry,
     increases in the value of developable land, or land made developable
    through public investments.

     Institutional Impacts
     The use of Federal money in the coastal management program will
     allow the State to provide:

              Implementation of the new regulations promulgated
             as a result of the coastal management program

             Greater enforcement of existing regulations

             -Increases to the staff servicing the Coastal Resource
              Management Council which will improve the permit review
              procedure

              Increases in technical studies on coastal processes

              *Federal consistency as outlined in Part II

              New equipment (i.e., patrol vehicles for enforcement
              purposes) for managing coastal resources

    Adjusting to the new regulations that will be required to determine
     the permissibility of'certain projects may cause some temporary
     delays in permit review and program development. In the long run
    however, coastal regulatory. and management decisions should be made
     more efficiently and with better coordination among State agencies
     Involved. Improvements in the decision-making process will reduce
     the amount of time taken up by permitting and licensing procedures.

                                       391

    C. Impacts of Permitting Activities

        The Coastal Resource Management Council has regulatory and permit
    authority within the coastal region over twenty-one coastal physio-
    graphic areas and uses.  A list of permit regulations and dates of
    promulgation are listed in the introduction.

         Many of these new regulations will have a variety of beneficial
    environmental, social and economic impacts.  This section will only
    look at the impacts associated with the above twenty-one regulations
    and not the specific action each applicant must follow. Each of these
    subtitles corresponds to a section in Part II.

        Activities in Tidal Waters and Coastal Ponds
        The Council has permitting authority over any activity in, under
        or over the State's tidal waters and coastal ponds except for
        navigation.

        The use priority categories for estuary follow a spectrum from
        non-intensive uses compatible with the maintenance of natural
        areas through major commercial and industrial uses. These policies
        should serve to maintain the integrity of remaining land areas
        while providing adequate scope to coastally dependent development.
        Long-term benefits should result from the maintenance of productivity in
        near shore areas, in terms of such economic activities as fishing
        and tourism which depend on these resources. Recreation opportunities
        also will be preserved.

        The construction of any breachway  into a coastal pond will be
        permitted only if there will be no significant adverse environ-
        mental impacts on the coastal pond on any beach, wetland or other
        contiguous natural system.  Applications for activities that will
        alter the fresh to salt water ratio or water volume will be permitted
        only if they will not have significant adverse impacts on the affected
        water body or pond.  These policies would have important long-term
        beneficial environmental consequences.

        The Program's tidal water and coastal policies also may have certain
        adverse impacts. Limitations on the sites available for intensive
        coastally dependent development may raise the cost of sites which
        are appropriate for such development and mitigating measures to
        surrounding property that may be required could increase construction
        costs.

                                392

    Shorelines Systems
    Shoreline Systems include all beaches, barrier beaches, sand dunes,
    cliffs, ledges, bluffs coastal wetlands and all directly associated
    areas at least 200 feet inland. Any uses, alteration or. activity,
    in or involving any Shoreline System requires a permit from the,
    Council.

    Since 1972, the Council has denied all but one application to fill
    coastal wetlands. Oh four occassions, violators have been required
    to restore wetlands that they have been illegally filled. This
    policy has had both positive short-term and long-term environ-
    mental benefit in protecting these valuable coastal resources.
    Also the aesthetic and scenic nature of wetlands will be preserved
    over the long-term. A possible adverse consequence is that land.
    values near the wetlands will increase due to the restriction
    imposed on filling.

    The Program prohibits any construction on or alteration of sand'
    dunes , beaches and undeveloped barrier beaches except for an approved stabil-
    ization project or when necessary to protect the public welfare,
    and then only where no significant damage to the coastal environ-
    ment will result. This applies not only to new structures but also
    existing structures which are destroyed as a result of a storm.
    However the Program does allow development on altered barrier
    beaches as long as all Coastal Resource Management Council envi-
    ronmental regulations are riiet. This policy will effectively preclude
    any future inappropriate development on dunes, and undeveloped
    barrier beaches resulting in long-term environmental benefits as
    well as greater protection to life and property. - A possible economic
    consequence is that the costs of housing located on dunes, may rise
    as a result of the severe restrictions on any future deve lopment.

    Another adverse consequence is that the suitability of incremental
    growth on altered barrier beaches is difficult to assess and envi-
    ronmental and economic damage may occur if these beaches are allowed
    to develop.

    The Program's cliff, ledge and bluff policies will assure the.
    protection of all significant cliffs, bluffs and ledges in the State.
    This will have long-term positive environmental benefits in that
    scenic vistas are preserved, important sources of beach nourishment
    are maintained and erosion could be slowed.

                                  393

    Flood Hazard and Coastal Erosion Regulations
    The Program has identified coastal areas which are particularly
    hazardous because of their vulnerability to wave action, erosion
    and flooding.  In addition to the policies previously described,
    construction, restoration or substantial Improvement of any structure
    on the beach face is prohibited in these areas, and the lower floor
    of any new structure shall be elevated a minimum of 6 feet above
    the 100 year flood level.

    These policies should serve to protect both public and private
    investments in areas subject to flooding and have long term positive
    environmental and economic benefits.  An economic consequence of
    these regulations will be that construction costs in flood prone
    areas will increase due to set back and elevation requirements.

    The Rhode Island Coastal Program favors non-structural over struc-
    tural measures to control or check erosion.  However, where non-
    structured solutions have been fully evaluated and'found unsuit-
    able, the Council may permit structured solutions. In such instances,
    the applicant is required to demonstrate that the proposed project
    will not increase erosion in adjacent areas, or have significant
    adverse impacts on the environmental quality of the areas.  No
    structural form of shore protection will be permitted in identified
    erosion-prone areas of environmental concern to the Council.

    The policy of favoring non-structural forms of erosion control
    should have variouls beneficial consequences. Less physical alter-
    ation of coastal features through construction will have beneficial
    implications for the natural environment.  Downstream property
    owners will be better protected against the adverse affects of
    structural protection works.

    Aquaculture, Mineral Extraction and Ocean Dumping
    Aquaculture-defined as the culture of aquatic species under either
    natural or artificial conditions-is still in the experimental
    stage in Rhode Island. The Coastal Resources Management Council will support
    study and evaluation of aquaculture problems. Through its permitting
    authority, the Council will require an applicant to demonstrate
    that a proposed action will not significantly damage the envi-
    ronment of the coastal region, and will seek to minimize conflicts
    between aquaculture and adjacent land or water uses.

    The coastal program prohibits sand and gravel mining in State
    coastal waters "until such time as sufficient technical and research
    data is shown to the Council to prove under what conditions said
    extracting and mining may be carried out without adversely altering
    the marine environment or conflicting with other use of tidal
    waters."  Further, the mining of any material from cliffs, bluffs,
    'wetlands or beaches abutting coastal waters is prohibited.  Finally,
    applicants for minerals extraction activity elsewhere in the State
    will be required to demonstrate that the activity shall not
    damage the coastal environment.

                                 394

    Through these prohibitions and strict regulatory criteria, adverse
    impacts on the coastal environment should be eliminated in the
    short-term.  It is expected, however, that within the next 10 to
    20 years marine deposits may be proposed as a major commercial
    source of sand and gravel. Thus following program approval, the
    Council may need to address this issue.

    Ocean dumping, (not including dredge spoil) is considered incon-
    sistent with the Council's management program until the environ-
    mental impacts resulting from disposal are more clearly understood.
    Presently, solid wastes, sewage sludge, and hazardous wastes
    generated in Rhode Island are disposed at land-based facilities or
    are shipped out-of-State for treatment and disposal.

    Although demand for dumping of these wastes is not expected to
    occur in the near future, the management program outlines criteria
    for the permitting of ocean dumping activity. A number of important
    adverse impacts could result from ocean dumping, including the
    dissemination of toxic wastes, increased turbidity, and the destruc-
    tion of benthic organisms and habitat. The Council will require
    an applicant to demonstrate a bona fide public need for the project,
    that alternatives to the project have been considered, and that no
    significant adverse impact on the coastal environment will occur.

    Restriction on ocean dumping will have long-term positive benefits
    on the environment and water quality. However if ocean dumping
    does occur, one adverse consequence of this policy will be the
    increased cost of ocean dumping due to longer distances to dump
    sites or conversion to land based disposal.

    Sewage Treatment, Solid Waste Facilities and Sewer. Infrastructure
    Investment
    The Program manages all major sources of pollution such as, muni-
    cipal sewage plants, industrial discharges, urban and rural runoff,
    solid waste disposal resulting in groundwater contamination, and
    leachate from individual septic systems. All permits, certifications,
    and licenses relative to sewage treatment and disposal and'solid
    waste disposal actions within the coastal region will be referred
    to the Council.

    The Council also shall review all sewage treatment and disposal
    actions related to major facilities outside the coastal region but
    capable of affecting the coastal environment.

                               395

    Applicants for a Council permit for a sewage treatment facility
    will be required to demonstrate that the proposed facility will
    not conflict with the policies of the management program, make
    any areas unsuitable for any use or activity to which it is allo-
    cated by the program, or significantly damage the coastal envi-
    ronment.  Further, applicants will be required to address such
    issues as the adequacy of transportation, water and sewer services,
    the visual impacts of the project, and consistency with local plans
    and ordinances.  Thus, the authority of the Council to review
    sewage treatment facilities provides an opportunity to eliminate
    or at least minimize a wide variety of potentially adverse impacts
    associated with industrial or commerical development.

    These policies and activities should help to minimize the adverse
    consequences of pollutants entering coastal waters.  In concert with
    other program policies, adverse impacts of coastal development on
    key' ecological areas and biological habitats should be minimized.
    Increased costs could result from the requirement that all future
    coastal development comply with these environmental protection
    standards.

    Cultural and Recreation
    The Council has permit decision control over activities that may occur
    1'n or contiguous to public beaches, parks, public right of ways,
    conservation, management areas, fisheries or wildlife management areas,
     historic resources in the coas'tal region or the Bay Islands Park. For activities
    that will have an adverse impact on these areas, the Council will
    either condition or deny the project. The Council also endorses
    the concept of the creation of the Bay Islands iark and! supports
    proposed future acquisitions.  Development inconsistent with the
    proposed park will be considered low priority.

     In this fashion, important recreational opportunities along the
    Rhode Island shore will be protected and economic activities that
    depend on users of coastal parks  or beaches will also benefit.
    These regulations should have beneficial affects on the existing
     recreational, esthetic and economic values of these areas by main-
     taining their character and viability.

    The Council also has permit regulations over all marinas, piers,
     docks and wharves.  The Program has identified conservation/low
     intensity, multiple use recreation, high intensity recreation and
     multiple use urban estuaries.  Marinas will be restricted in some
     estuaries of the State, while encouraged in other estuaries.

                                 396

    Urban Waterfronts and Ports
    The State's major commercial ports are the port of Providence,
    which includes facilities along both the Providence and East
    Providence shores at the head of Narragansett Bay, as well as
    satellite facilities in Portsmouth and Tiverton. Providence is
    a major regional import center for various petroleum products.
    Port Judith and Newport represent the State's primary commercial
    fishing ports.

    The Program supports navigational improvements and maintenance
    dredging in these ports. The Council will require applicants to
    demonstrate that proposed developments in these areas are port
    related and such relationship shall be a primary consideration
    in approving such applications. Thus the long-term viability
    of the State's port areas will be ensured.

    Similarly, applicants for waterfront development at Port Judith
    will be required to demonstrate that the project is related to the
    support of the commercial fishing industry. Commercial fisheries-
    related activities are also considered a high priority use of the
    port of Newport. These siting policies should encourage the expan-
    sion of Rhode Island's commercial fishing industry. These policies
    will have long-term benefits in terms of increased income and
    employment in Rhode Island.

    Dredging in Tidal Waters
    All dredging and dredge disposal in tidal waters will require a
    permit from the Council. An applicant will be required to demon-
    strate that the proposed activity will not have significant adverse
    environmental impacts. In considering these impacts, the Council
    will balance potential economic benefits against potential envi-
    ronmental damages, thus, adequate scope will be provided for necessary
    dredging projects while the natural environment and underwater cultural
    resources are protected. This should minimize the serious adverse
    environmental consequences of dredging necessary to support maritime-
    dependent industry.

    Energy Facilities
    The Coastal Resource Management Council has imposed a moratorium
    (to last no later than September 30, 1978) on granting any permits
    for electric generating facilities until a series of special studies
    have been completed. Some disruption in the efficient supply of
    new energy supplies may occur, however, no new major energy devel-
    opment has been proposed to the Council for Rhode Island's coast since 1971.
    Also the Council will not process applications to expand existing
    oil tank farms beyond their present bounds, nor permit construction
    of new petroleum bulk storage until the special studies are completed.
    The long-term impacts of Rhode Island's electric energy policies
    cannot be assessed until the Council promulgated new regulations
    in 1978.

                                    397

                                    Part I V

                       ALTERNATIVES TO THE PROPOSED ACTION

        This Part describes the four most likely reasons the Associate
    Administrator might deny or delay program approval, as well as the five
    most likely State alternatives to submitting the proposed program.
    In order to determine the full implications of these alternatives, the
    reader should consider the impacts described under each Federal alter-
    native as well as those under each State alternative.

         The proposed action is Federal approval of the Rhode Island Coastal
    Program.  The essential alternative to be considered by the Associate
    Administrator is whether or not to approve the Program as submitted.
    In deciding whether to approve the Program, he must determine whether
    the Program meets the requirements of the Coastal Zone Maangement Act
    as specified in the twenty-six findings needed for Program approval.
    This determination ultimately requires that discretion be used in
    interpreting the intent of Congress as expressed in the Act.  This
    environmental impact statement and public comments are intended to
    assist the Associate Administrator in determining the adequacy of the
    proposed program.

         A variety of alternatives are available to the State, represented
    by all possible amendments to the Program that might be adopted.
    Clearly, however, the alternatives that will be considered by the State
    will 'depend  on  what  action is taken by the Associate Administrator.
    In particular, if the Associate Administrator delays or denies approval,
    the State will be required to consider a wide range of options.  If
    the Program is approved, the State is unlikely to consider alternatives
    to Program implementation.

         These Federal and State alternatives could be carried out in several
    different ways.  As indicated, Federal approval would probably lead
    to Program implementation under Section 306.  On the'other hand, a
    decision by the Associate Administrator not to approve the Program
    as submitted could lead Rhode Island to withdraw from the Federal
    Program.  But several intermediate courses of action are also available.

    A.  FEDERAL ALTERNATIVES

    i. The Associate Administrator could delay or deny approval if the State
    does not have the authorities necessary to implement the Program at
    the time of 306 approval.

         The Office of Coastal Zone Management has made an initial determin-
    ation that the authorities that will be in place at the time of Program
    approval will be adequate to carry out the management program and meet

                                     398

    the objectives of the Coastal Zone Management Act. This impact state-
    ment solicits the views of the public and affected government agencies
    on the specific issue outlined below. The Council has direct permitting
    authority over all activities between the mean high water mark and the
    limits of the State's territorial sea and over shoreline protection
    facilities and physiographical features' It has simi-lar authority
    over specified uses regardless of t~heir location where there exists
    potential for damaging the coastal environment, conflicting with Council
    Management plans and programs or use allocations reflecte~d in such
    plans and programs. Regulatory control over other uses of state concern
    in the coastal region as an element of the State Program is exercized
    through Council permit procedures regarding sewage treatment and disposal
    (broadly defined) and the consistent action required of other state
    agencies under Chapter 23-46 of the Rhode Island General Laws.

    If the Associate Administrator determines that these authorities were
    not adequate to meet the requirements of the Coastal Zone Management
    Act, he could delay or deny approval until Coastal Resource Management
    Council revised its present regulations or adopted new regulations
    or waited until new legislation was passed.

         The implications of this alternative include a delay in Program
    implementation, no increase in Federal funds for Rhode Island under
    Section 306, and the possibility that Federal actions affecting
    the Rhode Island coast might be inconsistent with the policies of the
    Program. Therefore, under this alternative, the monetary and Federal
    consistency benefits of Federal approval would be deferred for some
    period of time. Improved environmental protection anticipated udder
    a Federally approved coastal program would not be achieved as rapidly.
    Momentum for effective protection of the State's coastal resources,
    gained through preparation of this Program might be lost.

    2, The Associate Administrator could delay or deny approval of the
    Rhode Island Coastal Management Program if the Program does not
    adequately achieve the goals of the Coastal Zone Management Act
    as expressed-by Congress in Section 303 of the Act.

         Section 303 of the Coastal Zone Management Act states that it is
    national policy

             "..to achieve wise use of the land and water
           resources of the coastal zone giving full consid-
           eration to ecological, cultural, historic and
           esthetic values as we'1l as to needs for econ-
           omic development."

                                     399

    One could question if the Coastal Resources Management Council has the
    authority to address the cultural and visual concerns expressed by
    Congress in Section 303. The initial determination of approval on
    this issue was based on Coastal Resources Management Council regula-
    tions protecting environmental, historic and scenic coastal areas
    of the State, setback requirements from bluffs and cliffs, restric-
    tions on what can occur in coastal waters and embayments as well as
    recreational regulations covering beach access, boating, acquiring
    parks and beach facilities.  The majority of visual and cultural concerns
    are left to the discretion of local governments. The Coastal Resources
    Management Council will have a direct role in determining the visual
    aspects of the Rhode Island coast by precluding activities in some
    areas, while encouraging development in other areas.

         The implications of selecting this alternative include a delay
    in Program implementation, no increase in Federal funds for Rhode Island
    under Section 306, and the possibility that Federal actions affecting
    the Rhode Island coast might be inconsistent with the policies of the
    Program.  Therefore, under this alternative, the monetary and Federal
    consistency benefits of Federal approval would be deferred for some
    period of time.  Improved environmental protection acticipated under
    a Federally approved coastal program would not be achieved as rapidly.

    3.  If the national interest in the siting of facilities in the coastal
    zone were not adequately considered.

         The Coastal Zone Management Act states that prior to granting
    approval of a management program the Secretary shall find "the management
    program provides for. adequate consideration of the national interest
     involved in planning for, and in the siting of, facilities (including
    energy facilities...) necessary to meet requirements which are other
     than  local in nature."

         The Coastal Resources Management Council has imposed a moratorium
    on processing new applications for electric power generating facilities
    until September 30, 1978.  From now until September, 1978, the State
    will make a thorough evaluation of the energy needs of the State and
    future power requirements.  If it were shown that this moratorium is
    not in the national interest and precludes future energy facilities,
    the Associate Administrator could delay or deny the Program.  The
    Associate Administrator has undertaken a review of the general process
    and results of the Program's consideration of and responses to Federal
    agencyand national interest views.  Based upon the information pres-
    ented, the Program appears to have considered adequately these matters.
    However, the review process which is initiated with the distribution of
     this Draft Environmental Statement and Program document is designed to
     provide further opportunity to promote various national interest claims and
    agency views that are specifically tailored to what the management program
     proposes for final approval by the National Oceanic and Atmospheric
    Admin istration.

                                      400

         This Federal alternative could result in a delay in Program imple-
    mentation, loss of Federal funding that would otherwise be available,
    and allow Federal actions in the coastal zone to be inconsistent with
    the management program.

    4. The Associate Administrator could deny or delay approval if the
    Program does not meet the specific requirements of the Coastal Zone
    Management Act.

         Section 306(c) of the Coastal Zone Management-Act requires the
    Associate Administrator to find that a State coastal management program
    meets all of the requirements of the Coastal Zone Management Act prior
    to approving the Program.

         This alternative encompasses all of the possible reasons for not
    approving the Program as submitted in addition to those already discussed
    in Federal Alternatives 1-3. For example, someone might feel that
    the boundary does not extend far enough inland to protect the interests
    of the Act.

         The Office of Coastal Zone Management has made an initial determin-
    ation that the Program does meet the minimum requirements. However,
    the Office will review specific comments on the consistency of the Rhode Island
    coastal program with the requirements outlined in the Federal Act and
    with the specific standards for Section 306 approval provided in
    40 CFR 923.

         The three primary impacts of a negative decision would be that
    Rhode Island would not receive necessary funds to implement the Program;
    Federal consistency would not apply to Federal agencies' activities
    in the coastal zone; and national interest would not be taken into
    account.

         In addition some delay in Program implementation would occur;
    the length of the delay would depend on the type of Program deficiency
    that was found and the types of remedial action taken by the State.

    B. STATE ALTERNATIVES

    1. The State could withdraw its application and not seek Federal
    assistance.

         The State could withdraw its application and not seek Federal
    assistance. The Coastal Resources Management Council would continue
    to manage the coastal areas through its ongoing regulatory program.
    The State has spent $1.1 million in Federal money and $360,000 in
    State moneywin preparation of its Coastal Management Program. Without
    Federal money, the Council would operate with a smaller budget,  The
    State under this alternative would not be subjected to Federal
    regulations in the management of the program.

         The coastal management efforts in Rhode Island began prior to
    the passage of the Coastal Zone Management Act and will continue even
    if Federal approval is not received. However the State would not receive,

                                       401

       1) Federal money to assist in the day to day management of the program,
      2) the provisions of the Federal consistency section of the Coastal
      Zone Management Act and 3) loan guarantees and credit assistance to
      help mitigate onshore impacts of outer continental shelf development.
      Federal funding support will greatly help in the Council's implementation
      of the Program.

      2. Withdraw the Program until a State Land Use Bill is passed by the
      Legislature.

           A proposed State-Local Land Management Bill is now being considered by the
      Rhode Island Legislature. The coastal program could wait until this
       legislation was passed and then submit an expanded coastal zone program
      for Federal funding. Waiting for coastal land use legislation to pass
      could eliminate any conflicts that might occur between the two programs.
      The negative impacts of this alternative include: 1) the State will
       loose all Section 305 funding by June, 1978, and 2) the Coastal Resources
      Management Council can implement the Program now and the Council is
      directed by State legislation to implement the-Program now.

      3.  The State could wait until all the new planning requirements of
      the Act are completed.

           The 1976 amendments to the Coastal Zone Management Act expanded
      the requirements that a State must meet in order to qualify for program
       implementation funding.  These new planning requirements include, energy
       facility siting (Section 305(b)(8)) public access to the shore, Section
      305(b)(7) and coastal erosion Section 305(b)(9).  The State could apply
       for Section 305(d) funding and wait to complete all elements of the
      management program. Under Section 305(d) the Office of Coastal Zone
      Management could award preliminary approval to the State prior to
      completion of the entire program.  This alternative would allow for
      a complete program to be submitted to the Office of Coastal Zone
      Management. However, Congress specifically stated that a State need
      not finish this requirement until September 1978, and that the lack of
      the 3 new planning elements was not a basis for denying a program.
      Also, the Council now has the authority to implement portions of the
      three new elements and can use the next years planning efforts to fine
      tune the regulatory system..

      4.  Expand the authority of the Coastal Resources Council and/or
      the area of permit jurisdiction.

           The State could attempt to get legislation for the Council to
      more directly manage all activities of the Council within the first
      mile of the shore.  As explained under Federal alternative 1, this
      does not appear to be necessary to meet the requirements of the
       Federal Coastal Zone Management Act as activities conflicting with the Program
      will be managed through Council sewer permit authorities and coordinating
       responsibilities regarding actions by other state agencies.  The impacts
      of selecting this alternative are the same that are described in the
     other alternatives involving a delay, in program approval.

                                   402

         Expanded Council au thority could add a layer of insurance that
    all conflicting uses in the coastal zone would be resolved by the
    Council.

    5. The Coastal Resources Management Council could be incorporated
    into the new Department of Environmental Management.

         A new Department of Environmen tal Management (DEM) was created
    by the legislature in 1976. This new agency incorporated the regulatory
    functions of the old Department of Natural Resources, and some aspects
    of the Department of Health. Some commentators feel that the Coastal
    Resources Management Council could more effectively function within
    the framework of this new agency. The advantage of this alternative
    would be that 1) more direct accountability to the Governor, 2) all
    environmental regulations would be combined under one umbrella agency,
    and 3) there would not be two agencies that may disagree with certain
    policy or budget decisions. The disadvantage of this alternative
    would be 1) loss of the jury system concept foe regulatory actions, and
    2) the present council, being an independent body, is less susceptable
    to political pressures. It should be noted that the past legislative session
    considered this proposal and chose not to move the Coastal Resources
    Management Council.

    6. The State could revise the Program by defining a different landward
    boundary than the one proposed.

         Rhode Island used the following criteria in deciding how to
    define the inland boundary of the coastal region:

         (I) best use of available planning data
         (2) good "fit" with existing plIan s comprising the State Guide PIlan
         (3) fulfillment of the Coastal Resources Management Council mandate
             to plan for the coastal region
         (4) meeting requirements of the Federal Coastal Zone Management
             Act
         (5) best compromise between socio-political and environmental
            -cons iderat ions.

         The coastal region shown in the two foldout maps in the Program
    document was chosen primarily because it enabled the use of the same
    .data base as the one used in developing and monitoring the State Guide
    Plan. The reasoning is elaborated in Part II.

         Since, for regulatory purposes, it is essential that the inland
    boundary be clearly definable,.        .the boundary of the region was
    defined to include all coastal municipalities for permit review purposes.

                                             403

                 The following were considered as possible alternative inland
            boundaries:

                 (1) The confines of the State:  judged as unnecessaryily big,
                     does not follow the spirit of the Coastal Resources Management
                     Council legislation, would needlessly duplicate work done
                     for State Guide Plan.  Much of the area would have no reasonable
                     connection to the management of coastal resources.

                 (2) The watershed:  again too big and impractical since much
                     of the watershed for Rhode Island estuaries lies in Massachu-
                     setts and Connecticut.

                 (3) Top of the first range of hills or mountains:  too uneven,
                     would work well along south shore but would include out-of-
                     State areas around upper Narragansett Bay.

                 (4) 100 year flood plain: varies greatly in width, does not
                     conform to socio-political boundaries.

                 (5) A designated setback from high water, first coastal road or
                     an arbitrary elevation:  would also include, as in 2, 3,
                     and 4, an area highly variable in width. Also no connection
                     to socio-political boundaries or State Guide Plan inventory.

    0~~   i        :-    :

                                      404

                                    Part V

               PROBABLE ADVERSE ENVIRONMENTAL EFFECTS WHICH
                            CANNOT BE AVOIDED

        The probable effects of Rhode Island Coastal Zone Management
    Program implementation will, on the whole, be environmentally beneficial.
    However, there will probably be a number of adverse impacts to both
    the natural and socio-economic environments which cannot be avoided.

         Numerous adverse impacts will continue to be associated with
    the siting of major facilities for purposes of defense, transportation,
    energy requirements and others in which both the State and Federal
    governments have interest. The Program makes provisions for consid-
    eration of the siting of facilities which are in the national interest.
    It is important to note, however, that under the Coastal Zone Management
    Program and related Federal Acts (e.g., National Environmental Protec-
    tion Act), each such project will be evaluated as to the impacts on the
    ,natural coastal enviornment. That is, investigations will be made,
    alternatives considered, etc.

                                     405

                                   Part VI

         RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIORNMENT
         AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY

         While approval of the Rhode Island Coastal Zone Management Program
    will restrict some local, short-term uses of the environment, it will
    also provide long-term assurance that the natural resources and bene-
    fits provided by the Rhode Island coast will be available for future
    use and enjoyment, by more effectively administering existing resource
    protection laws.

         The Rhode Island Coastal Zone Management Program does the following:

          A.  Short-Term Uses

              1.  Does not prohibit future development but encourages
                  medium-high intensity growth to occur in existing devel-
                  oped areas or areas contiguous to them in so much as
                  growth is constrained by State sewer programs.

              2.  Recognizes that some energy facilities and coastal-
                  dependent developments have adverse environmental conse-
                  quences:, but that they may still have to be located in
                  the coastal zone to protect the inland environment as
                  well as help provide for orderly economic development,
                  and meet national interest.

         B.  Long-Term Uses

              1.  Recognizes the coastal zone as a delicately balanced
                  ecosystem.

              2.  Establishes a process of balanced management of coastal
                  resources.

              3.  Allows growth to continue                      while protec-
                  ting key resources.

              4.  Provides for a framework which can protect regional,
                  State and national interests by assuring the maintenance
                  of the long-term productivity and economic vitality of
                  coastal resources necessary for the well-being of the
                  public, and to avoid long-term costs to the public and
                  a diminished quality of life resulting from the misuse
                  of coastal resources.

                                    406

         Without the implementation of rationally based land and water
    use management programs, some intense short-term uses and gains, such
    as provided by residential or industrial development, might be realized
    in natural resource areas of the coastal zone. However, such uses would
    most likely result in long-term limitations on coastal resource use
    and benefit because of degradation of the environment. Without proper
    management, the traditional conflicts between shoreline resources
    uses-residential, commercial, industrial, recreational, and wildlife--
    could be expected to occur.

         Implementation of the Program will result in minimization of the
    social costs which inevitably accompany environmentally destructive
    development, the mitigation of which requires public investment.

                                     407

                                  Part VII

      IRREVERSIBLE OR IRRETRIEVABLE COMMITMENTS OF RESOURCES THAT WOULD
        BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED

         The approval of the Rhode Island Coastal Zone Management Program
    will not in itself lead to the loss of resources that a site specific
    project would. Tradeoffs will have to be made based on the policies
    of the program.  For instance, some urbanized areas or less intensive
    industrial areas may receive greater development pressures and a
    commitment of the surrounding resources because of the policy to
    concentrate development of sewer projects to serve already developed
    areas.

         Also, the program provides that priority will be given to coastal-
    dependent development (certain energy facilities, port and harbor
    development, etc.) which in turn is often the most damaging to the
    environment and is located in the coastal zonemto utilize its resources.
    However, the program establishes criteria and standards for siting
     and requires that alternatives be considered and mitigation measures
    be taken.  Development will occur in the absence of program approval,
    but the Rhode Island Coastal Zone Management Program will channel such
    activity toward environmentally suited land areas.

                                    408

                                 Part VII I

                       CONSULTATION AND COORDINATION

        'Extensive consultation, coordination, and input has been *received
    in developing the Rhode Island Coastal Zone Management Program. Because
    the Program was developed with the natural and human environment in
    mind, many alternatives have been considered.

         The Office of Coastal Zone Management requires that a State conduct
    an environmental impact assessment on their coastal management program
    prior to any approval of the Program. This assessment was used in
    developing the draft Environmental Impact Statement. Additional
    input has been received from various Federal agencies throughout the
    duration of a State's Program development period, on such things as
    the impact of the Program on the Federal agency program as well as
    an analysis of the Program.

         Coordination with all local, State, Federal, public, and private
    interests remains a key component of the Rhode Island Program. The
    Program will provide for the public notice of major State actions,
    provide technical assistance to coastal communities as to how local plans
    may be made consistent with the Coastal Zone Management Program, assist
    the private sector through the publication of handbooks and other
    means of communication on meeting Coastal Zone Management policy
    requirements, and continue coordination with Federal agencies to resolve
    potential conflicts during implementation.

                                         409

                                        PART IX

                            RESPONSES TO COMMENTS RAISED ON

                    THE RHODE ISLAND COASTAL RESOURCES MANAGEMENT PROGRAM

                       DRAFT ENVIRONMENTAL IMPACT STATEMENT

     This appendix is comprised of issues.raised and responses to all written

     testimony presented during the review period for the draft Environmental

     Impact Statement,  Generally, the response-to the comments is provided in

     .one or a combination of forms:

          1. expansion, clarification, or revision of the Rhode Island Coastal

              Resources Management Program or Draft Environmental Impact

              Statement.

          2.  comments by the Rhode Island Coastal Resources Management Program or

               Office of Coastal Zone Management in response to issues of concern raised

               by reviewers.

     The State and Federal responses to these comments have been coordinated

     between the Rhode Island Coastal Resources Management Program and and Office

    . of Coastal Zone Management.

     The first two questions were posed with such frequency that they have been

     considered general issues of the Rhode Island Program.  They are answered

     in detail to help explain the program.  All other questions from commenta-

     tors are specifically answered, often with reference to changes incorpora-

      ted in the text.

           Comments reveived included:

          Federal                12

           State                  1
          Local:                 .1
          :Other                  6

                      TOTAL      20

                                      410

    1. What is the role of the Governor's Office relative to other state

      *agencies involved in program implementation?

         Executive Order No. 17, dated November 16, 1977, defines the respec-

    tive roles of the various state agencies involved in the implementation

    of the Rhode Island Coastal Resources Management Program under Section 306

    of Coastal Zone Management Act.

         The Office of the Governor is designated as the agency for purposes of

    306 program administration and fiscal accountability. It has the following

    specific responsibilities:

         a. To apply for, receive and administer 306 grants;

         b. To monitor, evaluate and report on the Coastal Resources Management

             Program pursuant to Section 312, Coastal Zone Management Act;

         c. To be accountable for grant expenditures;

         d. To submit program refinements or amendments to Office of Coastal

             Zone Management;

         e. To prepare the annual 306 work program in consultation with

             participating agencies.

         The Coastal Resources Management Council is designated by law as the

    ,prinicpal agency to implement and carry out the Coastal Resources Management

    Program. It has the following specific responsibilities:

         a. Implementation of the Rhode Island Coastal Resources Management

             Program;

         b. Administrator of rules and regulations contained in the RICRMP;

         c. Review and approval of 306 work program and grant applications pre-

             pared in association with the Governor's Office.
         d. Other functions described in the Program Document.
        *Other agencies of state government are directed to act in accordance with

    the policies and objectives of the RICRMP and when requested by the Office of

    the Governor and the CRMC will assist in the preparation of 306 work programs

    rnnA ri .,

                                        411

         For purposes of implementing the above described responsibilities,

    the first year 306 grant application provides for a program coordinator,

    fiscal manager and clerical assistant in the Governor's Office and a

    number of new positions in the biological and enforcement areas of the

    Department of Environmental Management.

    2. What is the procedure for amending and improving the CZM program in

        the future?

          Changes to the Rhode Island Coastal Resources Management program

    are expected during the next few years as a normal result of plan evalua-

    tion. As many citizens, agencies and levels of government had input during

    plan development, many will continue to evaluate and recommend modifications

    during plan implementation. Recommendations for changes to the plan can

    come from individual citizens, citizen advisory councils, state agencies,

    the Legislature or the Governor.

          The incorporation of program amendments or modifications into the

    RICRMP takes place at two levels of government as required, respectively,

    by state and federal law. At the first level, proposed amendments must

    be considered pursuant to statutory standards and procedures contained in

    Title 42, Chapter 35 and Title 46, Chapter 23, of the General Laws of

    Rhode Island.  As expressed by procedural rules and regulations adopted

    by the Coastal Resources Management Council (see particulary Appendix B,

    Section 11), these stipulate notice and hearing requirements, rules of

    testimony, procedures for petitioning for promulgation, amendment or

    repeal of rules, and other such related matters.  At the first level of

    program amendment, therefore, the CRMC has principal responsibility for

    modifying the RICRMP under state law.

                                        412

          At the second level of program refinement the Governor's Office,

    as the state agency for grant administration under Section 306 of

    CZMA, has principal responsibility for forwarding program amendments

    to OCZM for approval under Section 306 (g) of the federal act.

          The specific OCZM procedure for incorporating changes into the

    approved 306 program varies with their magnitude and impacts. If the

    proposed change does not significantly alter the environmental impacts

    or intergovernmental relations identified in this document, it will be

    considered a refinement (see proposed CZM regulations, Section 923.93).

    This will be determined initially by the Governor's Office in coordi-

    nation with the CRMC and the federal OCZM.  A refinement of this sort

    can be implemented with 306 funds after a letter requesting the change

    from the state is submitted to OCZM, and a letter granting approval

    is returned.

          Where the Governor's Office, initially, or the federal OCZM

    determine that the proposed change will cause changes in the environ-

    mental impacts or intergovernmental relations described in this docu-

    ment, the change will be considered a formal amendment and will require

    a different procedure for implementation (proposed CZM regulations,

    Section 923.92). Examples of changes requiring formal amendments include

    elimination/addition of policies, legislation or incorporation of new

    laws into the program.

          The process of formal program amendment will be initiated by a

    submission to the Assistant Administrator for CZM. Prior to the sub-

    mission, the state will provide public notice and hold at least one

    public hearing to determine the nature of public comments. The formal

    submission to OCZM will include a written request from the Governor;

    description and justification for the change; evidence of public notice

                                        413

    and hearing; and discussion of environmental impacts. Based on the

    discussion of impacts, the Assistant Administrator may require an

    environmental impact report or environmental impact statement.

    (1)   Department of Interior

                   Comment                               Response

    (1)  Find RICRMP to be an excellent         No response necessary
         program.  Commend extensive
         and effective coordination with
         federal agencies.

    (2)  Believe program not only meets         No response necessary
         congressional intent, but will
         promote effective and wise use
         of coastal resources.

    (3)  Commends state for development of      No response necessary
         environmentally sound policies.

    (4)  Department requests opportunity        These regulations will be
         to review and comment on energy        considered amendments of program
         regulations required under             and circulated for federal
         Sec. 305(b)(8) CZMA.                   agency review,

    (5)  Recommend provision be incor-          Numerous policy areas in Chapter 5
        porated into program to assure         of the Program address this which
         low priority for siting of non-        will be further considered
        water dependent facilities.             during planning required by
                                               Sec. 305(b)(8) of CZMA.

    (6)  Criteria under Sec. 610.2-2            The likelihood that identified
        and 630.2-2 contradict each            criteria may be violated is a
        other.                                 test for establishing jurisdic-
                                               tion under 610.2-2. Under
                                               630.2-2 an applicant must demon-
                                               strate that such a likelihood in
                                               reality will not occur. This is
                                               not contradictory.

    (7)  Failure to list those state            In the introduction to App. B
        policies specific to pipelines         applicants are encouraged to con-
        places an unfair burden on the          tact the Council's staff for guidance
        applicant to discover appli-           prior to submitting an application.
        cable requirements.                    Some flexibility in language is
                                               desirable due to the variety of
                                               environments and activities poten-
                                               tially affected by pipelines.

                                         415

    DOI (cont.)

                Comment                                  Response

     (8)  Findings under 630.2-1A and            Section 630.2-lA and 650.0-lB
         650.0-1B should be revised to          have been revised.
         correct errors of fact.

     (9)  Ditching and chemical control          The Council has begun an experi-
         for mosquitos is inadequately          mental program to evaluate open
         discussed.  Further clarifica-         water marsh management in
         tion should be added to Sec.           general and the Barrington situ-
         110.2 and 120.4.  Further study        ation in particular.  This study
         should be added to first year         will be continued during program
         work program.                          implementation.

    (10)  Program appears to adequately          No response necessary.
         address DOI recreational con-
         cerns, and parallels and
         strengthens SCORP.

    (11)  Program contains sound policies        Appendix D describes 306 work pro-
         for ports, but long range port         gram elements for continuing
         plans should be developed. planning for the Ports of Providence
                                               and Newport.

    (12)  The terms "by a fair preponder-        See Program Glossary.
         ance of evidence" and " a
         reasonable probability" should
         be defined.

    (13)  Location of prime fishing              Maps of prime fishing ground are
         grounds should be noted. available at-the CRMC offices.
                                               These maps use U.S. Coast Guard
                                               and Geodetic Survey charts as base
                                               maps and are periodically updated
                                               by the Council's staff.

    (14)  Subject of saltwater encroach-         There is little available data
         ment not adequately discussed. on saltwater intrusion in wells
                                               in Rhode Island's coastal region.
                                               Program plans to address this
                                               issue in future funding programs.