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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 22 -~~~ 6 Vessel to Vessel Transfer of Oil 7 ~~.' Crunalo Coy,. ~~~~~~40-- 56~ ~~~~~~-6 / . 65 734 WO, &` 1 0I j* Cabe r -jehe re .k7~~~~~~~~~~~~~~~4 1\1 72 WO43, 9 'dx.'~~~~~~~~~~~~~~1 7\ '.E O N w~2. 4~~~~~~~~~~~~~~~~~~~~~~~~~5 /A06- I '-~~~~~~~~A '1~~~~~'~~~r24 '~~~~~~ I6 ~~~~~~~~~~~~~46 75~~~~ 53 48 ~~~~94 7~~~~~~~~~4 46G 95~~~~~~9 1~~~~~~~~~~ 6 *Ice ~~Iz I~~~~~iI1 / '0~~~~~~2 70~a, 11im 6 2 26~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~9 27 4 7 ~~~~~~~~~~~~~~~~3 10 p \ ~~~~~"#~~~6 ~~~- 26 I 46 II~~~~hu R 5 102 10 9 66 3 7~ ~~~~~~~ ~ ~~~~~~~~~~~~~~~~~~~9 Ic 21 66, - - /~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~17 683 2 .421 ~ - 112~ ~~~~ ~~~~~~~~~~~9 12422 5~ ~ ~ ~ ~~NA 2 2 7 ~ 2 26' 'A' S0 13 7836Z~' 3 1~~~~~~~~~~~~~~4 I ".av 23 28nta~dg 123 10 23N\ jj~r / k 13 3 Vt ) 42 5 36 9 7 Wn ThN / '19 r0i 93~~~~~~ 2 - 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 0 _ 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 0 0 0 255 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.