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



                          
                                                                                        RECEIVED


                                     Rhode           Island's
                        Coastal          Nonpoint              Pollution
                                   Control Program




                                      An Interagency Partnership

                               Department of Environmental Management
                                  Office of Environmental Coordination
                                                83 Park St. L
                                           Providence RI 02903
                                           Phone (401) 277-3434
                                            FAX (401) 277-2591

                                 Coastal Resources Management Council
                                   Oliver Stedman Government Center
                                            Tower Hill Road
                                           Wakefield, RI 02879
                                           Phone (401) 277-2476
                                            FAX (401) 277-3922

                                      Department of Administration
                                          Division of Planning
                                             One Capital Hill
                                        Providence, RI 02908-5871
                                           Phone (401) 277-2656
                                           FAX (401) 277-2083




                                            Volume I

                                     Final Program Submittal

                                                July, 1995






                                             Acknowledgments


                   This document was prepared primarily by staff of the Rhode Island Coastal
                   Resources Management Council (CRMC) and the- Rhode Island Department
                   of Environmental Management (RIDEM); specifically, Laura Miguel, Jim
                   Boyd and Mark Imperial of the CRMC and Scott Millar, Jim Riordan and Bob
                   Ballou of the RIDEM. The sections discussing the RIDEM Water Quality
                   Regulations and Water Quality Certification Program Were prepared by the
                   RIDEM, Division of Water Resources. Throughout this document's
                   development, numerous student interns at both the CRMC and RIDEM
                   provided valuable assistance and also deserve recognition and thanks.

                   The authors would like to thank Art Gold and Bonnie Lamb from the
                   University of Rhode Island Cooperative Extension, Tony Dore and Kristine
                   Stuart of the Natural Resources Conservation Service, Virginia Lee, Pam
                   Pogue, and Alan Desbonet of the University of Rhode Island Coastal
                   Resources Center, Ken Ayars of the RIDEM, Division of Agriculture, and,
                   Richard Ribb of the Narragansett Bay Project fortheir efforts to help organize
                   the Interagency Nonpoint Source Advisory Committee and its supporting
                   technical advisory subcommittees (See Chapter 12). Most particularly, the
                   .authors and all those involved in this effort would like to thank Susan
                   Morrison from the Department of Administration, Division of Planning
                   (RIDOP) for her patience and leadership as moderator of the numerous
                   INSAC meetings. Thanks are also owed to the NRCS for their generousity
                   with their meeting room facilities and support throughout this effort.

                   Finally, the authors would like to also thank the staff members from the
                   RIDEM, RIDOP, and. CRMC and the various committee members who
                   provided valuable comments and, in some cases, additional text for various
                   sections of this document. Special thanks are also owed to the following
                   committee and subcommittee members who donated their time and expertise
                   to this process: Ed Agin, Dean Albro, Mark Amaral, Edward Baker, Donna
                   Baugh, Daniel Beardsley, Allan Beck, David Borden, Kevin Brubaker, Paul
                   Brule, Dave Burnham, Russell Chateauneuf, Marilyn Cohen, Clark Collins,
                   Walter Combs, Don and June Conradi, Nicole Cromwell, Christopher
                   Deacutis, Barbara DeBuono, Dan Dedendro, Holly Desrosiers, Lucille
                   Dickinson, Thomas Dupree, Kevin Flynn, Donald Fontes, Alicia Good, Linda
                   Green, Mary Hitt, Charles Horbert, Norbert Jaworski, Carolyn Karp, Meg Kerr,
                   Michael Keyworth, Sue Kiernan, Joanne King, Ken Kubic, Cheryl LaClair,
                   Ronald Lambertson, John Lawrence, Kathleen Leddy, Angelo Liberti, George
                   Loomis, Eugenia Marks, Laurie McGilvary, Joseph Migliore, David Monk,
                   Scott Morehead, Robert Morehouse, Phillip Morneault, Thomas Mulhern,
                   Brent Narkawicz, Carlene Newman, Vicki O'Neil, Eric Offenberg, Vincent
                   Palumbo, Joseph Paolino, Julie Parmentier, Vic Parmentier, Pamela Pogue,




                 Qt









                 BL ., Randall, Paul Ricard, Derry Riding, Lori Ross, Neil Ross, Jim Saletnik,
                 Sally Spadaro, Curt Spalding, Joanne Sulak, Senator Michael Sullivan, June
                 Susllow, Robert Swanson, Edward Syzmanski, John Torgen, Mark Tremblay,
                 Alison Walsh, Paul Watters, Nancy Wetherell, Lt. Govenor Robert Weygand
                 and Dick Wood.

                 In addition, the authors would like to thank the following groups for their
                 assistance in preparation of this document: RIDEM Division of Groundwater
                 & ISDS, RIDEM Division of Agriculture, RI Department of Health, RI
                 Department of Transportation, RIDEM Division of Forest Environment, RI
                 Farm Bureau Federation, Inc., RI Nurserymen's Association, RI Rivers
                 Council, Narragansett Bay Commission, Wood-Pawcatuck Watershed
                 Association, Clean Water Action, RI Builders Association, RI Bar Association,
                 Nature Conservancy, RI Dairy Farmers Group, Southside Community Land
                 Trust, RI Shellfishermen's Association, Save The Bay, Blackstone River
                 Watershed Association, and Citizens River Rescue.

                 The preparation of this -document was financed, in part, by grants from the
                 National Oceanic and Atmospheric Administration (NOAA) pursuant to
                 Section 6217 of the 1990 Coastal Zone Act Reauthorization Amendments and
                 Section 306 of the Coastal Zone Management Act and a grant from the
                 Environmental Protection Agency (EPA) pursuant to Section 319 of the Clean
                 Water Act.









                                                   TABLE OF CONTENTS



                     Volume I

                         Acknowledgments

                         Table of Contents

                         List of Appendices                                                                       iv
                         Executive Summary                                                                        vi
                         Chapter 1 Introduction                                                                 1.1
                         Chapter 2 Program Descri ptions/Coord i nation                                         2.1
                         Chapter 3    Boundary     Recommendation                                               3.1
                         Chapter 4    Agriculture                                                               4.1
                         Chapter 5    Forestry                                                                  5.1
                         Chapter 6    Urban                                                                     6.1
                             Appendix 6A Proposed RICRMP Changes - Urban                                        6A.1


                     Volume H


                         Chapter 7 Marinas                                                                      7.1
                             Appendix 7A Proposed RICRMP Changes'- Marinas                                      7A.1

                         Chapter 8 Hydromodifications                                                           8.1
                             Appendix 8A Proposed RICRMP Changes - Hydromodifications,                          8A.1
                         Chapter 9 Wetlands                                                                     9.1
                             Appendix 9A Proposed RICRMP Changes - Wetlands                                     9A.1
                         Chapter 10 Additional Management Measures                                              10.1
                         Chapter 11 Technical Assistance                                                        11.1
                         Chapter 12 Public Participation                                                        12.1
                             Appendix 12A Committee Members                                                     12A.1
                             Appendix 12B Meetings/ Presentations                                               12B.1
                         Chapter 13 Water Quality Monitoring                                                    13.1








                                          List of Appm..'-Ices


               Appendix                             Document
                   A         Notebook with all applicable sections of the Rhode Island
                                 General Laws dealing with environmental issues.

                   B         Department of Environmental Management. Rules and
                                 Regulations to Administer the Implementation of the
                                 Freshwater Wetlands Act (In notebook).

                   C         Department of Environmental Management. Water Quality
                                 Regulations For Water Pollution Control (In notebook).

                   D         Department of Environmental Management. Rules and
                                 Regulations Establishing Minimum Standards Relating to
                                 Location, Design, Construction and Maintenance Of
                                 Individual Sewage Disposal Systems (In notebook)

                   E         Coastal Resources Management Council. 1990. Rhode Island
                                 Coastal Resources Management Program, As Amended.
                                 Wakefield, RE Coastal Resources Management Council (In
                                 notebook).

                   F         Coastal Resources Management Council. Guidelines for the
                                 Development of Municipal Harbor Management Plans (In
                                 notebook).
                   G         Coastal Resources Management Council. 1984. Rhode Island's
                                 Salt Ponds: A Special Area Management Plan. Wakefield, RII:
                                 Coastal Resources Management Council. November.

                   H         Coastal Resources Management Council. 1986. Narrow River
                                 Special Area Management Plan. Wakefield, RE Coastal
                                 Resources Management Council. December.

                   I         Coastal Resources Management Council's Buffer Zone
                                 Guidance.


                             Sample Harbor Management Plan and Harbor Ordinance.

                   K         Department of Environmental Management and Coastal
                                 Resources Management Council. 1993. Rhode Island
                                 Storm7oater Design and Installa tion Standards Manual.



                                                   iv










                Appendix                              Document

                    L          Department of Environmental Management, Soil Conservation
                                  Service, and Rhode Island State Conservation Committee.
                                  1989. Rhode Island Soil Erosion and Sediment Control
                                  Handbook.

                    M          Department of Administration, Division of Planning. 1989.
                                  Handbook on the Local Comprehensive Plan. June.

                    N          Sample Municipal Comprehensive Land Use Plan

                    0          Department of Administration, Division of Planning. 1989. Land
                                  Use 2010: State Land Use Policies and Plan. June.

                    P          Department of Environmental Management. 1992.
                                  Comprehensive Conservation and Management Plan for
                                  Narragansett Bay. December.

                    Q          Department of Administration, Division of Planning. 1990.
                                  Scituate Reservoir Watershed Management Plan. December.

                    R          Department of Environmental Management. 1992. The State  Of
                                  the State.'s Waters - Rhode Island: A Report to Congress.
                                  August.

                    S          Department of Administration, Division of Planning. 1993. State
                                  Guide Plan Overview. June.

                    T          Rhode Island Sea Grant, Coastal Resources Center. 1994.
                                  Environmental Guide for Marinas: Controlling Nonpoint
                                  Source and Storm Water Pollution in Rhode Island.
                                  Narragansett, RI. RI Sea Grant. Septembe r.

                    U          Coastal Resources Management Council. Coastal Features. Issues
                                  with articles dealing with Section 6217.

                    V          Fact Sheets distributed by the CRMC

                    W          Department of Environmental Management. (Draft) 1995.
                                  Rhode Island's Nonpoint Source Management Plan.





                                                     V






                   Execut.We


                                                Executive Summ'.-Ary

                                                     Introduction


                   Since 1972, with the adoption of the Clean Water Act (CWA), Rhode Island
                   has made significant progress in controlling water pollution from point
                   sources such as sewage treatment plants and industrial discharges. Yet, in
                   spite of this success, many water quality problems in Rhode Island persist and,
                   in some areas, water quality has continued to decline. One of the main causes
                   of this degraded water quality is nonpoint pollution, or polluted runoff.

                   In order to address the problems associated with nonpoint sources of
                   pollution, Congress adopted Section 6217 of the Coastal Zone Act
                   Reauthorization Amendments of 1990. Section 6217, entitled "Protecting
                   Coastal Waters", requires each coastal state Iparticipating in the federal coastal
                   management program to develop a Coastal Nonpoint Pollution Control
                   Program (CNPCP) to be approved jointly by the EPA and the NOAA. The
                   central purpose of Section 6217 is to enhance state and local efforts to manage
                   land use activities that degrade coastal waters and coastal habitats. To do so,
                   Section 6217 requires the authorities and expertise of state water quality and
                   state coastal zone management agencies be brought together to address the
                   problem of nonpoint pollution of coastal waters through enforceable policies
                   and mechanisms. Therefore, the Rhode Island Department of
                   Environmental Management (RIDEM), as the state's nonpoint source
                   management agency under Section 319 of the Clean Water Act, and the
                   Coastal Resources Management Council (CRMC), as Rhode Island's coastal
                   zone management agency, have "a dual and co-equal role and responsibility
                   in developing and implementing the coastal nonpoint program". In
                   accordance with the statute, failure to develop an approved CNPCP by July of
                   1995 will result in fiscal penalties on each of these programs.

                   Rhode Island's proposed CNPCP is divided into two volumes and thirteen
                   chapters. The proposed CNPCP contains all of the-federally required
                   components for state CNPCPs, including proposed approaches for meeting
                   specific programmatic requirements. Chapter 1, Introduction, provides a brief
                   description of federal requirements related to CNPCP development and
                   implementation in accordance with Section 6217. Chapter 2 provides
                   background information on the primary state programs relied upon to
                   implement Rhode Island's proposed CNPCP. A response to NOAA/EPA's
                   recommended 6217 management area is contained in Chapter 3. Chapters 4
                   through 9 describe the State's strategy for addressing the prescribed (g)
                   measures. Chapters 10, 11 and 13 briefly address programmatic requirements
                   related to additional management measures, technical assistance and water
                   quality monitoring. Public participation in program development and
                   statewide education and outreach efforts are summarized in Chapter 12.


                                                           vi -








                   Executive



                                               Program Development

                   Rhode Island is faced with two separate, but related challenges for controlling
                   nonpoint pollution, which stem from different federal mandates. The first of
                   these is the development, approval and implementation of the CNPCP as
                   required by Section 6217; the second is the update of Rliode Island's Nonpoint
                   Source Management Plan. With regard to the latter, in accordance with
                   requirements contained in Section 319 of the Clean Water Act, each state
                   must identify and periodically review control measures and management
                   approaches for categories of nonpoint pollutants identified in the state's
                   nonpoint source assessment report as impacting or threatening water quality.
                   The Plan outlines a framework for state and local coordination, as well as
                   specific nonpoint source management objectives of the RlbEM. Accordingly,
                   the CRMC and the RIDEM, in conjunction'with the Rhode Island
                   Department of Administration, Division of Planning (RIDOP), have focused
                   their efforts on a coordinated approach for developing Rhode Island's CNPCP
                   and updating the Nonpoint Source Management Plan.

                   When the Coastal Nonpoint Pollution Control Program: Program
                   Development and Approval Guidance (EPA and NOAA 1993) and the
                   Guidance Specifiling Management Measures for Sources of Nonpoint
                   Pollution in Coastal Waters (EPA 1993) were published in January 1993, the
                   CRMC and the RIDEM created a steering committee which included
                   .representatives of the CRMC, RIDEM, RIDOP, Soil Conservation Service
                   (SCS, now the Natural Resources Conservation Service), Cooperative
                   Extension (CE) and the Coastal Resources Center at the University of Rhode
                   Island (CRC). In April of 1993, the RIDEM sponsored an interagency
                   workshop where all relevant federal and state agencies were repre'sented. At
                   this workshop it was agreed that the.steering committee would be responsible
                   for creati*ng an advisory committee framework which could be used to both
                   develop the CNPCP and update the Rliode Island Nonpoint Source
                   Management Plan. As a result of the steering committee's efforts, the
                   Interagency Nonpoint Source Advisory Committee (INSAC) was created.
                   The INSAC is co-chaired by the CRMC, RIDEM, and RIDOP.

                   Since there are many sources of nonpoint pollution and an equally diverse
                   range of agencies and organizations involved in nonpoint source issues, the
                   RIDEM, CRMC, and RIDOP chose to utilize a series of technical advisory
                   subcommittees. The subcommittees are organized around particular
                   nonpoint sources (e.g., agriculture, forestry, ISDS, stormwater and erosion
                   and sediment control, land use, and marinas) and additional federal
                   requirements for Section 6217 and Section 319 (e.g., watershed prioritization,
                   public outreach, and monitoring). The subcommittees are comprised of key
                   officials from federal, state, and local levels of government as well as



                                                         vii -








                  Executive


                  members of nongovern-Onental organizations and the general public. The
                  steering committee made a concerted effort to identify appropriate groups for
                  representation on the various subcommittees. While the initial membership
                  of the subcommittees was reviewed and approved by the ESISAC
                  subcommittee membership remained open to any interested person or
                  organization.

                  In general, the subcommittees began their efforts early in 1994 by evaluating
                  the actual and potential water quality problems associated with a particu'lar
                  source of nonpoint pollution in order to determine if the source presented a
                  significant nonpoint pollution problem to Rhode Island's coastal waters. In
                  cases where the subcommittees determined that a coastal water quality
                  problemdoes exist as a result of a particular nonpoint source of pollution, the
                  subcommittees focused their efforts on reviewing individual management
                  measures and identifying the extent to which existing programs currently
                  implement individual management measures through enforceable policies.
                  This process led to the identification of areas where action was needed in
                  order to conform with (g) measure requirements.   'The subcommittees then
                  considered options for addressing (g) measures not currently addressed
                  statewide through enforceable policies. In each case, consensus was developed
                  as @to the best approach for implementing. those measures through enforceable
                  policies. In cases where it was determined that a particular source does not
                  present an actual or potential threat to coastal waters, the subcommittees
                  focused there efforts on crafting solid arguments for exclusion from the
                  measures, based on water quality and land use data.

                  All final documents and related proposed regulation changes developed by
                  the CRMC and RIDEM were brought to relevant subcommittees for review.
                  This entire process was greatly facilitated by the participation of subcommittee
                  members from the private sector as well as the regulatory community who
                  brought with them expertise in specific nonpoint source problems and
                  existing regulatory and nonregulatory programs. Once reviewed by the
                  subcommittees, final sections of the proposed RICNPCP were brought before
                  the INSAC for further review and approval.

                  On August. 24 and 25, 1994 representatives from NOAA and EPA met with
                  representatives from the CRMC, RIDOP, and several divisions within the
                  RIDEM for an informal threshold review of Rhode Island's proposed
                  approaches for meeting the requirements contained in Section 6217. This
                  meeting provided an opportunity for the state to ask questions and receive
                  feedback on proposed approaches prior to the July, 1995 deadline for program
                  submittal to EPA and NOAA. The following elements were addressed in the
                  Threshold Review Document and were the subject of discussions with
                  NOAA and EPA: implementation of management measures for sources and
                  activities related to urban areas, marinas, hydromodifications, and wetlands;


                                                       - viii -








                 Executive


                 proT --,ed exclusi ons from the management n',pasures related to agriculture
                 and forestry; the Section 6217 management area; critical areas; public
                 participation; and coordination and implementation.

                 On December 27th, 1994, Rhode Island received comments from NOAA and
                 EPA on Rhode Island's proposed approaches addressed in the Threshold
                 Review Document. In general, the comments provided by NOAA and EPA,
                 were quite positive and primarily focused on requests for additional
                 information or clarification of information contained within the document.


                 Since then, sections of the threshold review document have been revised
                 based on NOAA/EPA comments and reviewed by appropriate advisory
                 committees to ensure accuracy and consensus. Additional components of the-
                 RICNPCP were also developed and reviewed by subcommittees and the
                 INSAC.


                 Following the INSAC's final review and approval and in accordance with
                 federal requirements, Rhode Island's final proposed RICNPCP was
                 subsequently advertised fora thirty day public review period prior to
                 submittal to NOAA/EPA.



                                        Summary of the Rhode Island
                                 Coastal Nonpoint Pollution Control Program

                 The following is a brief summary of the requirements contained in the
                 Guidance Specifi
                                ying Managehwnt Measures for Sources of Nonpoint
                 Pollution to Coastal Waters and the general approach proposed in the
                 RICNPCP for meeting those requirements. These approaches have been
                 developed by consensus, primarily at the subcommittee level and reviewed
                 and approved by the INSAC. In many cases, particularly with regard to the
                 measures for urban areas, the approaches, out of necessity, network and
                 propose amendments to existing programs. Given the structure of local and
                 state government in Rhode Island, the proposed approaches were determined
                 by the subcommittees to be the most efficient and practical for meeting the
                 requirements of Section 6217.

                 Agriculture
                 Primary sources of agricultural nonpoint source pollution are nutrients,
                 sediment, animal wastes, salts, and pesticides. There are six management
                 measures associated with agricultural activities. They focus on: erosion and
                 sediment control; management of confined animal facilities (there are
                 separate measures for large and small facilities); nutrient management;
                 pesticide management; grazing management; and, -irrigation management.




                                                      ix -








                  Executive


                  Based on available water @,,iality and land use data, the Agricultuice and
                  Forestry Subcommittee determined that agriculture does not and is not
                  reasonably expected to, individually or cumulatively, present significant
                  adverse effects to living coastal resources or human health. This is the second
                  scenario under which a state may request an exclusion from a particular
                  category or subcategory of nonpoint pollutants. As a result, an exclusion from
                  the management measures related to agriculture has been requested.

                  Forestry
                  Forestry (or silvicultural) activities may impact water quality by accelerating
                  erosion, and by increasing nutrient and chemical runoff, the amount of
                  organic matter in adjacent waters, water temperatures, and strearnflows. Ten
                  management measures provided under this source category include
                  requirements for preharvesting plans, road management and revegetation of
                  disturbed areas. The management measures apply generally on lands where
                  forestry operations are planned or conducted.

                  While a significant amount of land area is foreste d (approximately 50%),
                  there is very little commercial forestry activity in Rhode Island. Based on that
                  fact and available water quality and land use data, the Agriculture and
                  Forestry subcommittee determined that forestry is not a significant
                  contributor to nonpoint source pollution to Rhode Island's coastal waters.
                  Accordingly, an exclusion from the forestry management measures has been
                  requested based on the second scenario under which an exclusion may be
                  allowed; that is, forestry does not and is not reasonably expected to,
                  individually or cumulatively, present significant adverse effects to living
                  coastal resources or human health.


                  Urban Runoff
                  As the most densely populated state in the U.S., urban runoff is one of the
                  major nonpoint sources of pollution to Rhode Island's coastal waters.
                  Conversion of open space, and agricultural and forested lands to urban land
                  uses results in more impervious surfaces, greater runoff volumes, and
                  increases in pollutant loadings. Major pollutants associated with urban
                  nonpoint source pollution are sediment, nutrients, road salts, heavy metals,
                  petroleum hydrocarbons, pathogenic bacteria, and viruses. These pollutants
                  generally enter coastal waters through stormwater runoff and onsite sewage
                  disposal systems.

                  Fifteen management measures address this category of nonpoint source
                  pollutants. Recognizing that once an area becomes urbanized it is often
                  difficult and extremely expensive to install systems to control nonpoint
                  pollution, the Guidance provides separate measures for existing and new
                  urban development. Measures for existing development emphasize reducing
                  nonpoint pollution resulting from ongoing activites, while those for new


                                                          x -








                  Executive


                  development focus on pre.,@-nting new contributions of nonpoint pollution
                  by providing siting and design, construction, and post-development
                  standards. The Guidance also contains specific measures for new and existing
                  roads highways and bridges.

                  Implementation of the management measures primarily relies upon tin
                  approach which networks: the RIDEM's Freshwater Wetlands, Individual
                  Sewage Disposal Systems (ISDS) and Water Quality regulations; the CRMC's
                  Rhode Island Coastal Resources Management Program (RICRMP), related
                  Special Area Management Plans, and harbor management requirements; and,
                  where these programs may be inadequate, the Municipal Comprehensive
                  Planning Program, related enabling acts related to land.use planning, and the.
                  State Guide Plan.


                  Marinas and Recreational Boating
                  Nonpoint source pollution associated with marinas and recreational boating
                  activities can result in increased water toxicity, elevated pollutant levels in
                  aquatic organisms, and contamination of water. quality as a result of
                  pathogens. Recreational boating activities can also disrupt sediment and
                  habitat, and cause shoaling and erosion.

                  There are fifteen management measures for marinas and recreational boating
                  activities contained in the Section 6217 (g) guidance. These management
                  measures are grouped under two broad categories: siting and design; and
                  operation and maintenance. The measures will be implemented primarily
                  through existing and minor changes to the RICRMP, amendments to the
                  Harbor Management program, and the State's Water Quality regulations and
                  Water Quality Certification process.

                  Hydromodifications
                  Hydromodifications include channelization and channel modification, dams,
                  and streambank and    shoreline erosion. Hydromodifications contribute to
                  nonpoint source pollution by disrupting habitats, sedimentation patterns,
                  erosion rates, and water flows. The Section 6217 (g) guidance contains six
                  management measures for hydromodifications designed to address problems
                  associated with the alteration of the physical characteristics of surface waters
                  and the resulting impacts on instream and riparian habitats. Generally, the
                  measures require impacts associated with these sources be minimized
                  through operation and maintenance practices as well as the protection of
                  water quality and instrearn and riparian habitats.

                  The RICNPCP proposes implementation of the hydromodif         ications
                  management measures through the RIDEM's Freshwater Wetlands
                  regulations and Dam Safety program, the State's Water Quality regulations



                                                         xi -







                  Executive Iffl#'1111M


                  and Water Quality Certification program, and Lrough existing requirements
                  of, and proposed amendments to, the RICRMP.

                  Wetlands, Riparian Areas, and Vegetated Treatment Systems
                  The Section 6217 (g) guidance contains three management measures which
                  do not address a specific source of nonpoint source pollution, but rather,
                  promote the protection and restoration of wetlands and riparian areas as well
                  as the use of vegetated treatment systems to control and minimize nonpoint
                  source pollution. These management measures require states to protect
                  wetlands and riparian areas which serve a nonpoint source abatement
                  function, promote the use of vegetative filter strips and buffer zones, and to
                  restore degraded wetlands and riparian areas. These measures are currently
                  implemented by the CRMC and the RIDEM's Freshwater Wetlands programs.

                  Additional Required Components
                  *  Coordination with Existing State Programs: Chapter 2 describes the
                     programs which will be relied upon for RICNPCP implementation. The
                     statute requires that state CNPCPs be closely coordinated with state and
                     local water quality plans'and programs developed under the Clean Water
                     Act and the Coastal ZoneManagement Act. Accordingly, implementation
                     .of the RICNPCP will be primarily through existing regulatory programs
                     administered by the CRMC and RIDEM. Supplementary to these
                     mechanisms, the State will rely on the Municipal Comprehensive
                     Planning program, State enabling acts related to land use planning, and the
                     State Guide Plan. Together these provide an integrated approach for
                     assuring implementation of management measures statewide.
                  *  The 6217 Management Area: Section 6217(e) requires that NOAA, in
                     consultati-on with EPA, review each state's existing coastal zone boundary
                     and recommend any modification necessary to effectively manage land and
                     water uses to protect coastal waters. To that end, NOAA has recommended
                     to Rhode Island a 6217 management area which includes, with the
                     exception of two small areas, the entire state. Lacking sufficient data and
                     resources to conduct an independent assessment of the necessary 6217
                     management area, Rhode Island has accepted this recommendation.
                     Chapter 3 contains Rhode Island's brief response to NOAA's boundary
                     recommendation.
                  *  Additional Management Measures: Section 6217(b) requires that state
                     CNPCPs provide for the implementation of "additional management
                     measures" where coastal water quality is impaired or threatened even after
                     implementation of the (g) measures. States must: identify coastal waters
                     impaired and threatened by nonpoint sources of pollution; identify land
                     uses that, individually or cumulatively, cause or threaten water quality
                     impairments in those coastal waters; identify critical coastal areas; develop
                     a process for determining what additional measures, if any, are needed to
                     attain or maintain water quality standards in threatened and impaired


                                                          xii -





                  Executl%!e M1111m,

                    waters; and, develop a program to ensure implementation of add,@!L`onal
                    management measures.
                    Chapter 10 describes Rhode Island's proposed approach for addressing the
                    additional management measure requirements of Section 6217. The
                    RICNCP identifies several programs and related requirements which meet
                    the criteria for additional management measures. The RICNPCP proposes
                    implementation of (g) measures and the completion of existing projects
                    which will complement and influence the implementation of additional
                    management measures prior to the development of any new regulatory
                    approaches or the identification of new critical coastal areas. Specific
                    ongoing efforts include the revision of the CRMC's Special Area
                    Management Plans for the Salt Pond and Narrow River regions, the
                    Greenwich Bay initiative and the implementation of the revised R11ode
                    Island Nonpoint Source Mangement Plan.
                    Technical Assistance: Section 6217(b)(4):,requires state programs to provide
                    technical and other assistance to local governments and the public for
                    implementing additional management measures. Chapter 11 of the
                    CNPCP contains a description of numerous programs that will be used to
                    assist municipalities and the general public with implementation of
                    additional management measures.
                    Public Participation: Section 6217(b)(5) requires states to provide for public
                    participation in all aspects of the program. Rhode Island's approach for
                    meeting the public participation requirements of Section 6217 and ensuring
                    public involvement in all aspects of program development is briefly
                    described above under "Program Development". Specific information on
                    the State's efforts to ensure public invlovement in the development of the
                    RICNPNP, including schedules of meetings and presentations, is contained
                    in Chapter 12. This Chapter also contains a directory of subcommittees.
                    Water Quality Monitoring: Section 6217(g) requires states to implement
                    monitoring programs to assess the effectiveness of management measures
                    over time. Due to funding constraints, Rhode Island is not proposing any
                    new water quality monitoring associated with Section 6217 at this time.
                    Existing monitoring programs and an assessment of needs related to. water
                    quality monitoring in Rhode Island are contained in Chapter 13.















                                                      xiii -






              Chapter 1


                                                  Chapter 1.
                                                 Introduction


              Water pollution is classified into two categories. The first category is point source
              pollution which enters the water from a specific point such as a pipe (e.g., sewage
              treatment plants, industrial dischar ges, combined sewer overflows). The second
              category is nonpoint pollution which basically constitutes all other sources of water
              pollution. Nonpoint source pollution is diffuse in nature and difficult to define. In
              general, nonpoint pollution is caused by rainfall or snowmelt moving over and
              through the ground. As the runoff moves, it picks up and carries away natural
              pollutants and pollutants resulting from human activity. Eventually, these
              pollutants are deposited in rivers, wetlands, coastal waters, and ground waters.
              Nonpoint pollutants include: nutrients (nitrogen and phosphorus); hydrocarbons
              (oil and grease); pathogens; pesticides; toxics; and sediment. These pollutants can
              cause significant environmental problems, particularly in poorly flushed estuaries
              (e.g., Rhode Island's Salt Ponds and the Narrow River). These problems include:
              increased nutrient loadings and eutrophication; increased turbidity of receiving
              waters; decreased oxygen concentrations in receiving waters; increased loadings of
              toxics, pesticides, and hydrocarbons; and changes in habitat and species diversity..
              Nationwide, the leading contributors of nonpoint pollutants are: urban runoff
              (including certain construction and development activities); individual sewage
              disposal systems (ISDSs); roads, bridges, and highways; agriculture; silviculture
              (forestry); hydromodifications, dams, and shoreline erosion; and marinas and
              recreational boating (Table 1.1).

              Since 1972, point sources of water pollution (e.g., sewage treatment plants, industrial
              discharges) have been regulated pursuant to the federal Clean Water Act (CWA) and
              Rhode Island has made significant progress in controlling water pollution from
              point sources. However despite these efforts, many water quality problems remain.
              In many areas, particularly the poorly flushed estuaries and coastal embayments,
              water quality has continued to deteriorate (e.g., shellfish closures in Greenwich Bay
              and portions of the Salt Ponds). One of the main causes of this degraded water
              quality is nonpoint pollution.

              In order to address what Congress characterized as a growing nonpoint pollution
              problem affecting the nation's coastal waters, Congress passed, as part of the Coastal
              Zone Act Reauthorization Amendments (CZARA) of 1990, Section 6217 entitled
              "Protecting Coastal Waters". Section 6217 requires each coastal state with a federally
              approved coastal management program to develop a Coastal Nonpoint Pollution
              Control Program (CNPCP) to be approved jointly by the Environmental Protection






                   Chapter I                                                                               EFRI TPURNM


                            T'Ule 1.1 Leading Causes and Sources of Water Quality Impairtnent


                                                 Rivers                  Lakes                    Estuaries

                      Leading Causes of          Siltation,              Metals, Nutrients,       Nutrients,
                      Impairment                 Nutrients,              Organic Enrichment,      Organic Enrichment,
                                                 Organic Enrichment,     Suspended Solids         Pathogens, Priority
                                                 Pathogens, Metals                                Organics, Suspended
                                                                                                  Solids


                      Leading Sources of         Agriculture,            Agriculture,             Stormwater /Runoff,
                      Impairment - Nonpoint      Hydrologic              Hydrologic               Land Disposal,
                                                 Modification,           Modification,            Agriculture,
                                                 Resource Extraction,    Stormwater /Runoff,      Construction
                                                 Stormwater /Runoff      Land Disposal

                      Leading Sources of         Sewage Treatment        Sewage Treatment         Sewage Treatment
                      Impairment - Point         Plants, Industrial      Plants, Industrial       Plants, Industrial
                                                 Discharges              Discharges               Discharges, CSOs


                        Source: Environmental Protection Agency. 1992. National Water Quality Inventory: 1990
                                 Report to Congress. Washington, DC: Environmental Protection Agency, Office of
                                 Water. April.


                   Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA)
                   by July 1995 (Table 1.2). There are two incentives for program development. First,
                   Rhode Island receives federal funding for program development. Second, failure to
                   develop an approved CNPCP by July 1995 will result in fiscal penalties for both the
                   Section 319 nonpoint source management program (RIDEM) and the state coastal
                   management program (CRMC). Section 319 of the Clean Water Act (CWA) requires
                   each state to develop a nonpoint source management plan every four years. The
                   RIDEM has completed the implementation of its first nonpoint source management
                   plan and is in the process of finalizing another four year plan.

                   The programmatic requirements for developing state CNPCPs are contained in the
                   Guidance Specifying Management Measures for Nonpoint Sources of Pollution in
                   Coastal Waters (EPA 1993a) and the Coastal Nonpoint Pollution Control Program
                   Development and Approval Guidance (NOAA and EPA 1993). These programmatic
                   requirements are not intended to result in a new nonpoint pollution control
                   program. Instead, these requirements are to be implemented through changes to
                   existing programs, most notably the CRMC's Rhode Island Coastal Resources
                   Management Program and the RIDEM's Rhode Island Nonpoint Source
                   Management Plan (EPA and NOAA 1993). The specific programmatic requirements
                   are described in greater detail below.






             K-'hapter 1


                Table 1.2 Schedule for Sk: le CNPCP Development, Approval, and
                            Implementation


                    January 1993    Program Approval and (g) Measure Guidance Published
                     March 1993     NOAA Issues Boundary Recommendations
                    August 1994     Rhode Island Participates in Threshold Review Process
                        July 1995   CNPCPs; Submitted to NOAA and EPA for Approval
                    January 1996    Implementation of the (g) Measures Begins
                    January 1999    Full Implementation of the (g) Measures
                    January 2001    Completion of 2 Year Monitoring Period
                    January 2004    Implementation of Additional Management Measures




              Boundary Modifications

              One of the most challenging requirements of Section 6217 pertains to modifications
              of state coastal zone management (CZM) program (e.g., CRMC) boundaries. Section
              6217 requires the NOAA to evaluate whether the CRMC's existing boundary extends
              inland to the extent necessary to control nonpoint source pollution from land and
              water uses that will have a significant impact on a state's coastal waters. The NOAA
              is then required to recommend a boundary for a ï¿½ 6217 management area if the
              CRMC's boundary is insufficient. The NOAA based its recommendations on the
              coastal watershed boundaries identified as the cataloging units on United States
              Geologic Survey (USGS) maps. In Rhode Island, the coastal watershed boundary
              encompasses almost the entire state. Therefore, the Rhode Island's CNPCP .
              boundary will exceed the jurisdictional boundary of the CRMC. Accordingly, Rhode
              Island will have to utilize a "networked approach" which relies on various agencies
              and programs to administer the CNPCP's implementation throughout the
              management area. This will require significant coordination and integration on the
              part of various agencies at the state and local level.


              Coordination and Integration

              One of the central purposes of the Section 6217 requirements was to strengthen the
              coordination between federal and state coastal and water quality management
              programs in order to enhance state and local efforts to manage land use activities
              resulting in degraded coastal habitats and reduced water quality. Accordingly, a
              central challenge to developing a CNPCP has been to coordinate the wide range of






               1711apter I


               existin.- nonpoint source management efforts at the federal, state, and local level
               (Table 1.3 and 1.4).

               There are several ways that coordination between water quality and CZM programs
               will continue to be achieved under the CNPCP. General mechanisms for continued
               coordination of state programs are described in Chapter 2 Specific mechanisms for
               the coordinated implementation of management measures are contained in the
               discussions under individual management measures. Also, the requirement that
               the CNPCP be jointly submitted to and approved by the NOAA and EPA, as well as
               the threat of fiscal penalties to both the water quality and C2M agency ensures
               future coordination. Further, since the implementation of Rhode Island's CNPCP is
               expected to be an iterative process requiring evaluation and modification over time,
               future coordination will be necessary. Finally, the final CNPCP will be included an
               amendments to the federally approved Rhode. Island Coastal Resources
               Management Program (RICRMP) and by reference into the Rhode Island Nonpoint
               Source Management Plan (EPA and NOAA 1993, 41). This will subject the CNPC?s
               implementation to oversight by both the NOAA and the EPA.


               Implement the (g) Measures

               Essentially, Section 6217 is a two tiered program. The first tier involves using a
               technology based approach which consists of implementing the (g) management
               measures throughout the management area (EPA 1993a). Management measures
               are defined as:

                  "economically achieva ble measures for the control of the addition of pollutants
                  from existing and new categories and classes of nonpoint sources of pollution,
                  which reflect the greatest degree of pollutant reduction achievabfe through the
                  application of the best available nonpoint pollution control practices,
                  technologies, processes, siting criteria, operating methods, or other alternatives."

               The management measures are described in terms of systems rather than individual
               practices. Many of these systems include a combination of practices that reduce the
               generation of pollutants (a pollution prevention approach) as well as keep the
               pollutants from reaching surface waters through the use of structural and
               nonstructural methods (e.g., BMPs). This approach is analogous to the use,of
               treatment "trains" or series of treatment steps used by point source systems.

               The management measures apply to the following land use activities: agriculture,
               forestry, urban (new development, septic systems, roads, bridges, highways,. etc.),
               marinas, and hydromodifications. There are also management measures to protect
               wetlands and riparian areas, and to promote the use of vegetative treatment systems
               (EPA 1993a). Rhode Island must implement all of the measures contained in the (g)
               guidance unless it can be demonstrated that the nonpoint source category is.either:






             1@-'haptcr 1


             Table 1.3   Selected Feder3l Nonpoint Source Pollutior. Control Initiatives



                       - Environmental Protection Agency
                            - Nonpoint Source Management Program
                            - National Estuary Program
                            - Wetlands Protection Program
                            - Water Quality Standards (NPDES)
                            - NPDES General Permits
                            - Near Coastal Waters Program
                            - Clean Lakes Program
                            - Pesticides Management Program
                            - Underground Injection Control
                            - Wellhead Protection Program

                       * U.S. Department of Agriculture
                          Soil Conservation Service
                            - Soil and Water Conservation Programs
                            - Watershed Protection and Flood Prevention
                            - Resource Conservation and Development
                          Agricultural Stabilization and Conservation Service
                            - Agricultural Conservation Program
                            - Wetlands Reserve Program
                          Forest Service
                            - Nonpoint Source Pollution Management Programs
                            - Watershed Restoration Programs

                       e Department of Commerce
                          National Oceanic and Atmospheric Administration
                            - State Coastal Zone Management Programs
                            - National Estuarine Research Reserves


                       * Department of Interior
                            - U.S. Fish and Wildlife Programs
                            - National Irrigation Water Quality Program
                            - Forestry Programs
                            - Riparian Wetlands Initiative for the 1990s

                       o U.S. Army Corps of Engineers
                            - ï¿½404 Wetlands Permit Program
                            - ï¿½9 & ï¿½10 Rivers and Harbors Permit Program







                 apter I


                      Table 1.4   State,',,@ocal, and Nongovernmental Initiatives to Addrc.,,-!;
                                Nonpoint Sourc  e Pollution


                               Department of Environmental Management
                            (RIDEM)
                               Office of Environmental Coordination
                               - Nonpoint Source Mgt. Plan
                               - Narragansett Bay Project CCMP
                               Division of Freshwater Wetlands
                               Division of Water Resources
                                 RIPDES General Permits
                                 Section 401 Water Quality Certifications
                               Division of Ground Water and ISDS
                               - ISDS Permits
                               - Underground Injection Control Program
                               Division of Agriculture
                               - Agricultural Wetlands Program
                               - Pesticides Registration Program
                               Division of Forest Resources
                               Coastal Resources Management Council (CRMC)
                               Rhode Island Coastal Resources Mgt. Program
                               Harbor Management Program
                               Salt Ponds Special Area Management Plan
                               Narrow River Special Area Management Plan
                            *  Rhode Island Division of Planning (RIDOP)
                               State Guide Plan
                               Local Comprehensive Planning Program
                            *  University of Rhode Island
                               Cooperative Extension Service
                               Sea Grant
                               Coastal Resources Center
                            *  Conservation Districts
                               Resource Conservation and Development Council
                               Local Governments
                               Municipal Comprehensive Land Use Plans
                               Harbor Management Plans
                               Wastewater Management Districts
                               Soil Erosion and Sediment Control Ordinances
                               Non Governmental Efforts
                               Watershed Protection Organizations
                               Volunteer Monitoring Organizations -






               K_'hapter I


               1) not present nor reasonably anticipated; or 2) the nonpoint source .,ate gory or sub-
               category does not present significant adverse effects to living resources or human
               health. However, Rhode Island would be allowed to implement an alternative
               management measure provided that it can be demonstrated that the alternative
               measure is at least- as effective as the "g" measure (EPA and NOAA 1993).

               In addition to the management measures, the "g" guidance includes: the
               applicability criteria for the management measure; a description of activities and
               locations for which each measure is suitable; an identification of the pollutants that
               may be controlled by the measures; the factors that should be taken into account
               -when applying the management measure; and, monitoring techniques that can be
               used to assess the effectiveness of the management measure's implementation.


               Additional Management Measures

               The second tier of Section 6217 is a more strategic water quality based approach to
               address known nonpoint source water quality problems. It requires developing
               additional management measures to protect and improve threatened and impaired
               coastal waters and critical areas. Additional management measures are both
               preventative (protect threatened waters) as well as corrective (already impacted
               waters)'  Additional management measures must also be developed to protect
               critical areas. A number of alternatives are available for selecting the additional
               management measures. For example, Rhode Island can select management
               measures not specified in the "g" guidance, apply "g" measures more intensively, or
               apply "g" measures more stringently (EPA and NOAA 1993).

               In order to identify where additional management measures must be developed and
               implemented, states must: 1) identify coastal waters not attaining or maintaining
               applicable water quality standards or protecting designated uses, threatened coastal
               waters, and land uses causing or threatening water'quality impairments; 2) develop
               a process for determining whether additional management measures are necessary
               to attain or maintain water quality standards in the waters identified above; 3)
               describe the additional management measures to be applied to the identified land
               uses and in critical coastal areas; and, 4) develop a program to ensure
               implementation of additional management measures (EPA and NOAA 1993).

               Additional management measures and critical coastal a     reas must be addressed in
               the CNPCP when it is submitted to EPA and NOAA in July of 1995. However,
               Rhode Island has until January of 2004 to fully implement these additional
               management measures (EPA and NOAA 1993). Section 6217 also requires states to
               provide technical and other assistance to local governments and the public for
               implementing the additional management measures (EPA and NOAA 1993). This
               will require coordinating the technical assistance efforts of other federal and state



                                                         -1.7-






               1@:fiapter I


               programs in --der to make them more accessible to local municipalities,
               organizations, and individuals.


               Enforceable Policies

               One of the features which differentiates Section 6217 from many of the prior federal
               nonpoint pollution control initiatives is the requirements that the (g) measures and
               the additional management measures must be implemented through enforceable
               policies and mechanisms (EPA and NOAA 1993). Enforceable policies are defined
               as:

                      state policies which are legally binding through constitutional provisions,
                      laws, regulations, land use plans, ordinances, or judicial or administrative
                      decisions, by which a State exerts contr ol over private and public land and
                      water uses and natural resources in the coastal zone."


               Enforceable policies include such things as constitutional provisions, laws,
               regulations, land use plans, ordinances, or judicial or administrative decisions that
               enable a state to exert control over both private and public land and water uses and
               natural resources (EPA and NOAA 1993). The requirement that the CNPCP
               contains enforceable policies and mechanisms differs from many prior nonpoint
               pollution control programs which often rely on demonstration projects and the
               voluntary implementation of-best management practices to manage nonpoint
               pollution. While the voluntary programs have often been very effective (EPA 1984;
               and, EPA 1992a), Congress determined that an enforceable program to control
               nonpoint pollution to coastal waters was necessary.


               Implementation of th    e Section 6217 Programmatic Requirements

               This document describes how Rhode Island implements, or plans to implement and
               address the requi'rements associated with Section 6217. Chapter 2 provides
               background information on various programs. It is intended to be used as a
               supporting document- for other sections of the document. Chapter 3 contains Rhode
               Island's response to the NOAA's boundary recommendation. Chapter 4 and
               Chapter 5 discuss Agriculture and Forestry, respectively. These documents propose
               to exclude these categories and subcategories of nonpoint pollutants from the
               CNPCP- Chapter 6 and its supporting materials address the Urban measures. These
               measures are, or will be, implemented by various programs statewide. Chapter 7
               and its supporting materials address the Marina measures. These requirements are,
               or will be, implemented by the CRMC and RIDEM, Division of Water Resources..
               Chapter 8 and its supporting materials address Hydromodifications. These
               requirements are, or will be, implemented by the CRMC and the RIDEM Division of
               Fresh Water Wetlands. Chapter 9 and its supporting materials address wetlands and






              K-'hapter I


               ripar-1;tn areas'. These requirement are currently implemented by the CRMC and
               the RIDEM Division of Freshwater Wetlands. Chapter 10 discusses how additional
               management measures will be addressed and includes a descri      ption of proposed
               critical areas. Chapter 11 provides a description of existing and planned technical
               assistance activities throughout the State. Chapter 12 reviews the public
               involvement and outreach activities that have been conducted during the
               development of the CNPCP and provides a general overview of planned outreach
               activities related to the CNPCP. More detailed descriptions of identified outreach
               and education needs and plans are included in discussions under relevant
               individual management measures. Chapter 13 provides an overview of state water
               quality monitoring efforts. Finally, the document's various appendices contain
               supporting materials which have been included to Assist the federal review team.






                Chapter 2


                                                     Chapter 2
                                     Program Descriptions/Coordination



                Introduction

                In order to comply with the requirements of Section 6217 of the 1990 Coastal Zone Act
                Reauthorization Amendments (CZARA), Rhode Island will rely on the following
                agencies/ divisions and their associated programs to implement various management
                measures:


                       - Rhode Island Coastal Resources Management Program
                        - Permit requirements
                        - Harbor Management Program
                       - RIDEM, Division of Freshwater Wetlands
                        - Permit Requirements
                        - Dam Safety Program
                       e RIDEM, Division of Groundwater and ISDS
                       - RIDEM, Division of Water Resources
                       * Municipal Comprehensive Planning Program, State Enabling Acts related to
                         Land Use Planning, and the State Guide Plan

                It is important to recognize that the ptimary mecha nisms for implementation of the
                proposed management measures for compliance with 6217(g) measures will be
                administered through the currently existing state regulatory agencies, namely the
                CRMC and the RIDEM, as noted above. Virtually any proposed construction activity
                within the proposed 6217 management area (entire State of Rhode Island) requires a
                review by at least one of the above noted regulatory programs. Therefore, enforceable
                policies that meet Section 6217 requirements exist for the implementation of
                management measures . Supplementary to these mechanisms, the State will rely upon
                the Municipal Comprehensive Planning Program, State Enabling Acts related to land
                use planning, and the State Guide Plan (currently an enforceable mechanism under the
                Rhode Island Coastal Resources Management Program).

                The following sections provide general information on these programs in order to help
                the reader better understand how they function. Subsequent chapters in this document
                describe in more detail how these programs specifically implement individual
                management measures. This chapter also contains brief descriptions of other programs
                which complement the implementation of the management measures.







               Chapter 2


               Rhode Island Coastal Resource-- Management Program

               The Rhode Island Coastal Resources Management Council (CRMC) was created in 1971
               pursuant to ï¿½ 46-23 of the Rhode Island General Laws (R.I.G.L.) (Appendix A) for the
               purpose of managing the coastal resources of the state. The Council, which is
               comprised of sixteen members and a support staff, is charged with the responsibility

                          to preserve, protect, and, where possible, to restore the coastal resources of
                      the state for this and succeeding generations through comprehensive and long
                      range planning and management designed to produce the maximum benefits for
                      society from such coastal resources; preservation and restoration shall be the
                      guiding principle upon which environmental alterations will be measured,
                      judged and regulated (R.I.G.L. ï¿½46-23-1)."

               To carry out this mandate, the CRMC is engage  d in a wide range of planning and
               management programs. These programs include:

                      ï¿½ CRMC's permit requirements pursuant to the   RICRMP
                      ï¿½ Municipal Harbor Management Program
                        Special area management plans
                        Rights-of-Way (ROW) Designation Program
                        Dock Registration Program
                        Marina Certification Program

               The CRMC adopted the Rhode Island Coastal Resources Management Program
               (RICRMP) in 1976 and received its federal program approval pursuant to the federal
               Coastal Zone Management Act (CZMA) in 1978. The RICRMP was later substantially
               revised in 1983 and 1990 (Appendix E).

               Nature of the RICRMP


               The RICRMP is structured as a coastal zoning program and is regulatory in nature. It is
               based on six CRMC water types and the shoreline features (type of shoreline). The
               Council's six water types are:

                      * Type 1 Conservation Areas;
                      * Type 2 Low Intensity Use;
                      * Type 3 High Intensity Boating;
                        Type 4 Multipurpose Waters;
                        Type 5 Commercial and Recreational Harbors; and,
                        Type 6 Industrial Waterfronts and Commercial Navigation Channels (RICRMP
                        ï¿½200).

               Maps containing the water type designations are contained at the end of the RICRMP.
               There are specific policies and prohibitions that correspond to each water type.


                                                        -2.2-







                Chapter 2


                Approximately 70% of the State' s shoreline is adjacent to eit.'hnr Type 1 or Type 2 waters.
                The policies for these water types are designed to protect these areas from commercial
                development and restrict the placement of in-water structures. For example, the
                construction of new marinas is prohibited in Type 1 and Type 2 waters. For other water
                types, the policies are less restrictive and encourage specific types of water dependent
                uses. For example, Type 3 waters have policies designed specifically to encourage
                recreational uses of the shoreline such as marinas, docks, and public launching ramps.

                Like the water types, the CRMC also has policies for activities on or adjacent to
                shoreline features. The CRMC defines shoreline features as:


                       * Coastal Beaches;
                       - Barrier Islands and Spits;
                       * Dunes;
                       * Coastal Wetlands;
                       * Coastal Headlands, Bluffs, and Cliffs;
                       * Rocky Shores; and,
                       * Manmade Shorelines (RICRMP ï¿½210).

                There are specific policies designed to protect each shoreline feature and manage
                upland development. For example, the CRMC has policies which severely restrict and
                prohibit any alterations to coastal wetlands, beaches, and dunes. In some instances, the
                coastal features have been further classified. For example, the CRMC has policies that
                pertain to developed, moderately developed, and undeveloped barrier beaches.

                The RICRMP also contains policies that apply to certain types of activities (See RICRMP
                ï¿½300). For example, RICRMP Section 300.4 addresses recreational boating facilities and
                contains the CRMC's marina regulations. In addition to the regulations contained in the
                RICRMP, the CRMC has adopted by reference several guidance manuals which contain
                supplemental,requirements for permit applicants. These include: Rhode Island Soil
                Erosion and Sediment Control Manual (Appendix L); Rhode Island Stormwater Design and
                Installation Standards Manual (Appendix K); and the CRMC's Buffer Management Guidance
                (Appendix I). The CRMC will also adopt the Environmental Guidefor Marinas:
                Controlling Nonpoint Source and Storm Water Pollution in Rhode Island recently developed
                by the University of Rhode Island Coastal Resources Center (Appendix T).

                The combination of policies associated with Water Type and coastal features combined
                with the policies and standards used to regulate specific activities creates an effective
                framework to reduce user conflicts and allocate resources while preserving and
                protecting sensitive coastal areas.

                When are CRMC Assents Required?

                In order to administer the RICRMP, the CRMC is authorized to approve, modify, set
                conditions for, or reject the design, location, construction, alteration, and operation of


                                                         -2.3-







              Chapter 2


              specified activities under the Council's jurisdiction (R.I.G.L. 46-23-6(B)(3)). The C 'MC's
              jurisdiction is generally defined by the area extending from the seaward limit of the
              territorial sea (3 miles offshore) to 200 feet inland of any coastal feature (RICRIVIP ï¿½100).
              In the watershed areas of poorly flushed estuaries (e.g., the Salt Ponds and Narrow
              River), the CRMC requires permits for any subdivision of six or more units, activities
              requiring more than one acre of parking, and structures requiring large septic systems
              (greater than 2,500 gallons/day) (RICRMP ï¿½100 & ï¿½320).

              The CRMC also requires permits for certain inland activities regardless of location.
              These activities include:


                     * Solid waste disposal facilities
                     * Minerals extractions
                     * Chemical transfer, processing, and storage facilities
                     * Power generation facilities
                     * Petroleum transfer, processing, and storage facilities
                     9 Sewage treatment and disposal facilities (See RICRIVT ï¿½100 & ï¿½320)

              Further, the CRMC can require my activity which has a reasonable probability of
              conflicting with the RICRMP's goals, management plans, or programs to obtain a
              Council Assent.

              The CRMC also reviews federal activities and federal license and permit activities for
              consistency with the enforceable policies of the RICRMP pursuant to Section 307 of the
              1972 C2MA- Currently, the CRMC reviews a wide range of federal activities and all
              federal license and permit activities within the first coastal town.

              CRMC's Permit Process


              Applicants proposing any activity within the Council's jurisdiction must apply for a
              CRMC Assent. The CRMC's permit process is described in some detail in the RICRMP's
              introduc'tion entitled "Guidelines for Applicants" and in ï¿½100 of the RICRMP.
              Additional information can- be found in The Rhode Island Coastal Resources Management
              Program: A Handbookfor Permit Apl7licants - There are several types of Assents issued by
              the Council. They include:

                      Findings of No Significant Impact (FONSIs) (See RICFJVT ï¿½110.4)
                      Maintenance Assents (See RICRMP ï¿½300.14)
                      Category A Assents (See RICRMP ï¿½110.1)
                      Category B Assents (See RICRMP ï¿½110.2)
                      Emergency Assents (See RICRMP ï¿½180)

              In addition, applicants can apply for a Preliminary Determination where the CRMC
              reviews the project as proposed and provides the applicant with comments such as
              identifying applicable policies and standards. All of the Assents are processed


                                                     -2.4-






                Cliapter 2


                admI.1istratively with the exception of Category B Assents. All Category B applications
                go out to public notice (as do some Category A Assents) and have a public hearing
                before the Council which makes the final decision. Table 1 and la of the RICR.MP are
                used to determine if an activity is reviewed as a Category A or B application. These
                tables also give an indication as to whether a proposed activity is prohibited. If an
                activity is prohibited it must get a "Special Exception" in accordance with the burdens of
                proof contained in RICRMP ï¿½130. Special Exceptions can only be granted by the
                Council. If a proposed activity can not meet the policies and standards contained in the
                program, then the applicant must obtain a variance in accordance with the burdens of*
                proof outlined in RICRMP ï¿½120. Some variances can be processed administratively.

                Generally, before the applicant can apply he/she must have already obtained relevant
                local, state, and federal approvals identified in the prerequisites sections of the
                RICRW. Once the applicant has satisfied or demonstrated that he/she will satisfy the
                prerequisites, the application process for most Category A and B Assents is as follows:

                       1) A complete application is submitted, given a file number and logged into the
                          computer;
                       -2) Category B and some Category A applicatior@s are put out to public notice;
                       3) Special subcommittee hearings are held if substantive objections are received
                          (RICRMP ï¿½110.3);
                       4) Staff (Engineer and Biologist) complete site visits and meet with the applicant
                          as, necessary;
                       5) Staff prepare their reports and an Assent may be issued if it is a Category
                          application;
                       6) If it is a Category B application the Council has a public hearing; and,
                       7) The Council votes to approve, modify, or deny the Category B application;

                It should be noted that Category A applications are never denied admixiistratively, but
                are brought before the Council. If the Council denies an application or an applicant is
                dissatisfied with the Council's decision, he/she is, entitled to appeal the Council's
                decision in Court.


                CRMC's Municipal Harbor Management Program

                The CRMC's Municipal Harbor Management Program (MHMP) was created in 1988
                pursuant to ï¿½ 46-23 of the Rhode Island General Laws (R.I.G.L.). The MHMP addresses
                many of the unique problems which affect harbors along Rhode Island's coast.
                Examples of these problems include overcrowding of mooring fields, multiple-use
                conflicts, lack of public access, loss of water dependent uses due to waterfront
                development, water quality problems, and marine debris. The goal of the program is
                get each of the 21 coastal towns to develop and implement a local harbor management
                plan (HMP) and harbor ordinance. The CRMC provides significant flexibility to local
                officials concerning the content of a HMP. The intent is not for the CRMC to tell the



                                                           -2.5-







               Chapter 2


               town what issu, - must be addressed, but rather, to help the town identify and address
               local problems and user conflicts as identified by public officials and town residents.

               There has been a great deal of participation in the harbor management project. As of
               May, 1995,12 municipalities have received Council approval for their HMPs- Of the
               remaining nine coastal towns: two municipalities have locally approved HMPs and are
               awaiting Council review/ approval; three municipalities are in the process of
               developing HMPs for local approval; two municipalities have no harbor related
               ordinances which require Council approval, and are not required to develop HMPs;
               and, two are working with CRMC staff to begin the planning and development phases
               for their HMPs.

               Each municipality's Harbor Management Plan and Harbor Ordinance(s) must be
               consistent with all of the policies contained in the RICRMP as. well as the Council's
               Guidelinesfor the Development of Municipal Harbor Management Plans (Appendix F) which
               is currently being revised pursuant to a Section 309 Enhancement Grant from NOAA.
               The Harbor Ordinance must contain enforceable policies to implement appropriate
               elements of a Harbor Management Plan (e.g., siting of mooring fields, vessel operations,
               etc.). Municipalities may not enforce the requirements of their harbor ordinances or
               collect mooring fees without the CRMC's prior approval of the Harbor Ordinance.

               If a municipality wishes to expand the perimeter of an existing mooring field or to
               develop a new mooring field, the municipality must first receive the Council's approval
               which takes the form of an approval of an amendment to the municipality's Harbor
               Management Plan and Harbor Ordinance.


               RIDEM, Division of Freshwater Wetlands

               The Freshwater Wetlands Program is a regulatory permitting program. The program is
               established to enforce the State of Rhode Island's Freshwater Wetlands policies as
               defined in the Fresh Water Wetlands Act(RIGL 2-1-18 - 2-1-24) and the Rules and
               Regulations Governing the Administration and Enforcement of the Freshzvater Wetlands Act
               (Appendix B). A freshwater wetland is defined in the act to include, but not be limited
               to swamps, marshes, bogs, ponds, flood plains, rivers, river and stream flood plains and
               banks, areas subject to flooding or storm flowage, emergent and submergent plant
               communities in any fresh water, and the area of land within 50 feet of any marsh, bog,
               swamp or pond. A more complete definition can be found under definitions in the
               Freshwater Wetlands Regulations. Any project or activity that may alter freshwater
               wetlands requires a permit from the Director of RIDEM. In addition, any project in
               close proximity to a freshwater wetland will require a permit if it:

                      1.     Changes the flow of surface runoff into or away from a freshwater
                             wetland.
                      2.     Diverts groundwater into or away from a freshwater wetland.


                                                          -2.6-






               ,h(- pter 2                                                               aims


                      I     Modifies water quality in a way th.-it could change the natural character of
                            a freshwater wetland.

               To ensure compliance with the Fresh Water Wetlands Act and the Freshwater Wetlands
               Regulations the Director of RIDEM has the authority to undertake enforcement actions.
               These actions are detailed in Rule 15.00 of the Freshwater Wetlands Regulations. Types
               of enforcement actions include:


                      1.    Warning.
                      2.    Immediate Compliance Order.
                      3.    Cease and Desist Order.
                      4.    Notice of Intent to Enforce.
                      5.    Notice of Violation and Order.
                      6.    Notice to Owner.
                      7.    Notice of Intent to Revoke /Sus perid.
                      8.    Notice of Revocation'/Suspension.

               Under the Freshwater Wetlands Regulations projects taking place in, or in close
               proximity to freshwater wetlands must avoid or minimize impacts to the functions and
               values of freshwater wetlands. These functions and values include:


                      1.    Wildlife and wildlife habitat.
                      2.    Recreation and aesthetics.
                      3.    Flood protection.
                      4.    Groundwater and surface water supplies.
                      5.    Water quality.
                      6.    Soil erosion and sediment.

               Rule 10.00 of the Freshwater Wetlands Regulations explains in detail how wetlands
               functions and values are to be determined.


               The original Freshwater Wetlands Regulations became effective in 1972. The most
               recently developed regulations became effective as of April 7,1994.


               RIDEM, Division of Groundwater and ISDS

               There are several programs administered by the RIDEM, Division of Groundwater and
               ISDS which address the management measures to varying degrees. They include:

                      * Individual Sewage Disposal System Program;
                      e Groundwater Protection Program;
                      9 Wellhead Protection Program;
                      * Underground Injection Control Program;
                      * Regulation of Well Drilling;


                                                      -2.7-







               Chapter  2                                                                   NEEffVfWMn141@


                        Groundwater Investigations; and,
                        Technical Assistance to Communities.

               These programs are discussed in more detail in the following sections.


               Individual Sewage Disposal System(ISDS) Program

               This program is implemented by the RIDEM, Division of Groundwater and ISDS
               through the Rules and Regulations Estalilisizing Minimum Standards Relating to Location,
               Design, Construction and Maintenance of Individual Sewage Disposal Systems pursuant to
               Chapters 42-17.1-2(l),(m),(r),(s) and 23-19.4-5 of the R.I.G.L. The program includes a
               schedule of fees for permitting and enforceable policies.

               Under these regulations, a newly constructed, altered, or rebuilt system must receive a
               Certificate of Conformance prior to use of the system and/or sale or occupation of the
               serviced construction. Also, a municipality may only grant a Certificate of Occupancy
               where the applicant presents a Certificate of Conformance. The Director of RIDEM may
               suspend or revoke any approval granted under the ISDS Regulations in the event that
               subsequent examination reveals that any of the data included in-any application form,
               submittal, plan or sketch to be incorrect or not in.compliance with the ISDS Regulations.

               Systems for subdivisions in the State of Rhode Island are given special consideration
               and are required by regulation to undergo a special review process. Section 18.00 titled
               "Subdivisions" describesthis process. Included among the requirements are:

                       1.    Percolation tests in an adequate number, not I  ess than 1 per an acre with a
                             minimum of 2 tests in small areas, to indicate clearly the soil conditions
                             throughout the property.
                       2.    An adequate number of borings, excavations or observations to clearly
                             establish the elevation of the groundwater table.
                       I     Where a substa  intial question exists regarding the cumulative impacts on
                             the water quality of a unique or valuable body of ground water or surface
                             water, the Director of RIDEM may require an assessment.

               The ISDS Regulations contain requirements for proper maintenance of septic systems.
               Under Section 2.11 all building sewers and individual sewage disposal systems must be
               maintained in good repair by the owner. The Director of RIDEM may order the owner
               to clean or repair such sewers or systems within a reasonable time if he finds them to be
               in need.

               The ISDS Program is fully implemented as described in the ISDS Regulations
               (Appendix D) and is described as it applies to the CNPCP in the OSDS Section of the
               Urban Chapter.



                                                          -2.8-






                Chapter 2                                                                      Programs



                Groundwater Prot   ection Program

                In 1985, the Rhode Island General Assembly passed the Groundwater Protection Act of
                1985 (Title 46 Chapter 13.1) which set forth for the first time a vigorous policy for
                protecting the groundwater resources of the State. The Act established that it is state
                policy @'to restore and maintain the quality of groundwater to a quality consistent with
                its use for drinking supplies and designated beneficial uses" and to restore all
                groundwater of the state to the extent practicable to a quality consistent with this policy
                (46-13.1-2(4)). In addition, the. Act prohibits the introduction of "pollutants into the
                groundwater of the state in concentrations which are known to be toxic, carcinogenic,
                mutagenic, or teratogenic", and mandates "to the maximum extent practical, efforts shall
                be made to require the removal of such pollutants from discharges where such
                discharges are shown to have already occurred", (46-13.1-2(5)).

                In FY 1985, the Department of Environmental Management created a Groundwater
                Section to coordinate departmental activities related to groundwater protection and to
                develop and implement a comprehensive program to protect the groundwater
                resources of the state. The State of Rhode Island administers a number of different
                programs with groundwater protection as either the sole objective or one of several
                objectives. The need to coordinate and integrate these state programs, in addition to
                local government protection efforts, has been recognized in the Rhode Island
                Groundwater Protection Strategy (RIDEM 1989).

                The Groundwater Protection Strategy, adopted in 1989, identified the programs that
                would be necessary to develop and implement in order to protect Rhode Island's
                groundwater resources. It includes both regulatory and non-regulatory approaches to
                groundwater protection. A large majority of the recommended actions outlined in the
                Strategy have been implemented by DEM and other agencies. Accordingly, DEM is
                now reviewing the Strategy and plans to update and revise it as appropriate to reflect
                shifts in priorities due to completion of tasks, changes in resources and institutions, and
                the emergence of new data on the State's groundwater resources. Once updated, the
                Strategy will continue to serve as a useful tool in guiding the continued development,
                refinement and implementation of an effective comprehensive groundwater protection
                program.

                The primary responsibilities of the Groundwater Section of the DEM Division of
                Groundwater and ISDS to protect groundwater include the administration regulations
                for groundwater quality and underground injection control (UIC), implementation of
                groundwater classification, coordination of the wellhead protection (WHP) program,
                administration of private well drilling regulations, conducting certain groundwater
                investigations and providing technical assistance. These programs are briefly discussed
                below.






                                                          -2.9-






             Ch.apter 2


             The Cl-oundwater Pr'otection Act mandates the development and implementation of a
             statewide groundwater classification system. Pursuant to the Act, DEM promulgated
             rules in mid-1992 which outlined the state groundwater classification system as well as
             ambient groundwater quality standards for each class. A four class system - GAA, GA,
             GB and GC - is specified in the Act and regulations and reflects a policy of differential
             protection. Classification of the State's groundwater was a pivotal step in the
             development of a comprehensive and integrated program to protect the groundwater
             resources of Rhode Island. The classification maps was updated in July 1993 to
             incorporate the designations of wellhead protection areas (WHPAs). See Figure 4E-1 for
             ageneralized map.

             Groundwater classification involves the assignment of designated uses of the State's
             groundwater resources. DEM Groundwater quality regulations specify the criteria and
             standards (narrative and numerical) necessary to protect the designated uses. A system
             of differential protection has been established in'which the level of protection will be
             dependent on the quality and quantity of groundwater available for present and future
             uses. The classification system provides the framework for incorporating the value of
             groundwater into the State's regulatory and enforcement programs'. The groundwater
             regulations link groundwater programs to other important DEM activities such as
             oversight of remedial actions and permitting of waste treatment and disposal facilities
             with respect to the DEM Groundwater Section will be tracking the improvement over
             time in groundwater quality at sites currently designated non-attainment areas.


             Wellhead Protection Program

             The Rhode Island WHF program, which was approved by the U.S. Environmental
             Protection Agency in 1990, was prepared in accordance with the federal Safe Drinking
             Water Act. The program provides a mechanism for increased protection of
             groundwater supplied by public systems through efforts at the state and local level.
             The primary emphasis of the state role is to set a high priority for source control and
             remediation efforts in wellhead protection areas (WHPAs) and to provide local
             governments and suppliers with the technical information and administrative tools
             necessary to use local authorities and initiatives to protect groundwater quality in
             WHPAs.


             The focus of the WHP program is the area contr ibuting water to a public well, which is
             called the wellhead protection area (WHPA). The WHP process is implemented
             through regulations adopted in July 1993. The three key elements of Rhode Island's
             WHP program are listed below:

                   1.    Delineation of the WHPAs; initial delineations to be done by DEM.
                   2.    Identification of known and potential sources of groundwater
                         contamination within the WHPAs; to be done at the local level.




                                                  -2.10-







               r
               Mia p ter 2


                     3.     [email protected] of management approaches by the local governments and
                            by the suppliers to protect the groundwater within the WHPAs from
                            sources of contamination.

               Additionally, the WHIP program involves development of a process for managing
               sources of contamination in WHPAs of new public water supply wells and a
               contingency planning element.

               As previously mentioned, DEM has delineated the WHPAs for all public wells in the
               state and was the first such state to do so. The WHP program is now focused on
               identifying pollution sources in the WHPAs, evaluating compliance of state regulated
               facilities in WHPAs and developing guidance for local entities on wellhead protection
               plans. The Groundwater Section has expanded its technical outreach capability to
               respond to the needs of local governments and- water suppliers with respect to their
               roles in WHP.

               Additionally, DEM is coordinating with EPA at both the Regional and headquarters
               level to complete several special projects related to wellhead protection. The projects
               are designed to (1) refine certain WHPA delineations, (2) complete pollution source
               inventories (3) demonstrate local protection measures (4) foster outreach, awareness etc.

               Finally, the DEM Groundwater Section has also undertaken an initiative, with support
               from the Nonpoint Source Pollution Management Program, to insure that the various
               potential pollution sources under DEM jurisdiction are reviewed for compliance in a
               timely and effective manner.


               Underground Injection Control (UIC) Program

               DEM issued rules and regulations for the Underground Injecti on Control (UIQ
               Program in 1984. The regulations prohibit injection wells in Classes I-IV and require
               orders of approval from DEM for Class V wells which include shallow injection wells
               when used for subsurface disposal of industrial wastes. As of 1993, 273 facilities with
               active or previously active underground waste disposal systems were part of the UIC
               inventory.

               Discharge analyses from many of these sites have been reviewed by DEM to insure the
               protection of groundwater quality, and a uniform program for ranking and assessing
               discharges to groundwater has been implemented. DEM staff investigates sites that
               may be UICs based on referrals from other divisions of DEM, including the Division of
               Water Resources. Reports of well contamination from the R.I. Department of Health are
               also investigated to determine if the source of contamination is a UIC site. A number of
               enforcement actions have been taken under the UIC program. Overall the UIC program
               has issued more than 100 Orders of Approval, some of which require on-going effluent
               and/or groundwater monitoring programs. The program has also been responsible for







               Cliapter 2


               the oversight of 133 well closures and mor-.% tha..:,. 35 sites are pending approval or
               closure of the UIC wells.



               Regulation of Well Drilling

               After working with the RI Well Drilling Board on their development, DEM adopted
               regulations regarding the drilling of private drinking water wells were adopted in early
               1990 by DEM. The regulations include provisions for the registration of wen drillers and
               pump installers, standards for well construction, and the submission of well completion
               reports to DEM and other agencies. The construction standards include protective
               setbacks, e.g., minimum distances allowed between the wall and certain polluting
               activities.



               Groundwater Investigations

               In certain instances, the DEM Groundwater Section responds to reports of groundwater
               contamination and investigates certain types of complaints concerning private well
               contamination. A recent reorganization of the DEM resulted in the creation of a new
               Division of Site Remediation. This division now handles all investigations of
               Groundwater contamination involving hazardous materials or petroleum products.
               The Groundwater Section will continue to respond to complaints of a non-point nature,
               e.s. nitrate, chlorides, etc.



               Technical Assistance To Communities

               On a routine basis, the DEM Groundwater Section Staff provide technical assistance to
               persons seeking information about the states' groundwater resources. This may include
               providing general information to the public, providing access to maps in DEM custody,
               explaining groundwater classification, etc. A library of published reports is maintained
               and includes most pertinent USGS publications.

               DEM also works with local governments and local water suppliers. A variety of
               assistance may be provided including technical evaluations, review of ordinances,
               explanation of best management practices (BMP), etc. DEM has a made a number of
               presentations before local boards or organizations.

               .In FY 93, DEM began an expanded technical outreach effort arrived at directly assisting
               entities involved in wellhead protection at the local level. Project proposals were
               solicited and work is now underway to complete the first round of workplans which
               cover topics such as PSIs, groundwater overlay ordinance, groundwater brochure.





                                                        -2.12-






                M%7L-ut 2


                RIDEM Division of Water Resources

                There are several programs administered by the RIDEM, Division of Water Resources
                which address the management measures,to varying degrees. They include:

                       - Rhode Island Water Quality Regulations;
                       - Rhode Island Water Quality Certification Program;
                       * Narragansett Bay Project;
                       * Order of Approval for Means of Wastewater Treatment Program;
                       - Rhode Island Shellfish Growing Area Monitoring Program;
                       9 Harbor Management Water Quality Assessment Policy; and,
                       * Pump-out Siting Plan.

                These programs are discussed in more detail in the following sections.


                Rhode Island Water Quality Regulations

                The regulations are adopted in accordance with R.I.G.L. Chapters 46-12, 42-17.1, 42-17.6
                and 42-35. The regulations implement provisions of the Clean Water Act to assure
                compliance with water quality standards and anticlegradation. RIDEM, Division of
                Water Resources implements these regulations through various programs.               -


                Rhode Island Water Quality Certification Program

                This program is implemented to assure that proposed projects, which may result in a
                discharge to waters of the State of Rhode Island, comply with the Rhode Island Water
                Quality Regulations for Water Pollution Control. The program implements Section 401
                of the Clean Water Act for projects requiring federal permits or licenses. It also
                provides review and certification of projects requiring permits approvals or licenses
                from Rhode Island state agencies. Water Quality Certification ensures that a proposed
                activity, which requires'either federal or state approvals, is in compliance with the
                Water Quality Regulations and therefore, complies with the Rhode Island Water
                Quality Standards.


                Narragansett Bay Project

                The NBP's Comprehensive Conservation and Management Plan(CCMP) was developed
                pursuant to Section 320 of the Clean Water Act, National Estuary Program. The CCMP
                became an element of the State Guide Plan in December 1992 and was approved by the
                Governor of Rhode Island and EPA Administrator in January 1993. The Narragansett
                Bay Program was incorporated into the RIDEM, Division of Water Resources and
                currently implements recommendations of the CCMP. The Narragansett Bay Project


                                                       -2.13-







              11,Zhapter 2


              conducts projects involving bay restoration and protection, as well as
              information/education programs. The Narragansett Bay Project also coordinates
              RIDEM bay-related activities and cooperative projects with other state and federal
              agencies, as well as local community, government and watershed organizations.


              Order of Approval for Means of Wastewater Treatment Program

              This program reviews all proposed projects to construct any system or means of
              wastewater treatment for conformance with set requirements. The goal of the program
              is to assure that restrictions established in the RIPDES permit are met, resulting in
              attainment of water quality standards.

              Rhode Island Shellfish Growing Area Monitoring Program'

              The purpose of this program is to maintain national health standards by regulating the
              interstate shellfish industry in accordance with the USFDA's National Shellfish
              Sanitation Program(NSSP). The State of Rhode Island is required to conduct continuous
              bacteriological monitoring of the shellfish harvesting waters of the state, in order to
              maintain certification of these waters for shellfish harvesting for direct human
              consumption.


              Harbor Management Water Quality Assessment Policy

              This policy establishes the procedure for water quality certification review for approval
              of Harbor Management Plans. This policy assures that the Interstate Shellfish Sanitation
              Conference formula is utilized in determining the allowable number of boats that may
              be concentrated in one area, before the integrity of neighboring shellfish harvesting
              waters is threatened by water quality degradation.


              Marina Pump-out Facilities Siting Plan

              This plan establishes the appropriate number and location of marine pump-out facilities
              needed in order for the State of Rhode Island to receive no discharge designation for
              Narragansett Bay from the USEPA based on the 1993 boating density.


              Municipal Comprehensive Planning Program, Enabling Acts related to
              Land Use Planning, and the State Guide Plan

              Portions of Rhode Island's proposed CNPCP will rely on the Rhode Island
              Comprehensive Planning and Land Use Regulation Act (R.I.G.L. 45-22.2), enabling acts
              related to land use planning and the State Guide Plan. These are implemented by Rhode


                                                     -2.14-






                MIN                                                                               Progranis


                Tsland Department of Administration and together should be viewed as a single,
                integrated approach to state oversight over local land and water uses. Specific enabling
                acts related to land use planning, and their relationship to management measure
                implementation, are discussed in the various sections of this document.

                Local comprehensive plans are currently subject to review by the director of the
                Department of Administration for consistency with the goals and policies of the state
                and its departments and agencies (R. I.G. L. 45-22.2-9). As part of the Department of
                Administration, Division of Planning's review of local comprehensive plans, the Rhode
                Island Department of Environmental Management (RIDEM) and the Coastal Resources
                Management Council (CRMC) review plans for consistency with respective agency
                goals and policies. In the past, inconsistencies identified during this review generally
                have been addressed satisfactorily.

                Rhode Island is proposing to strengthe   n the existing review process by incorporating
                the updated Nonpoint Source Management Plan, developed in accordance with Section
                319 of the Clean Water Act, as a new element of the State Guide Plan. Consistency with
                the State Guide Plan is specifically required of all community comprehensive plans
                (R.I.G.L. 45-22.2-6(A)). In addition, the State Guide Plan' is currently an enforceable
                mechanism for implementing specific sections of Rhode Island's Coastal Resources
                Management Program. It was therefore determined to be an appropriate mechanism
                for implementing certain requirements of Section 6217.

                State Guide Plan


                The Statewide Planning Program was first created by an inter-agency agreement
                executed in May 1964, by the then Rhode Island Development Council and the Rhode
                Island Department of Public Works. The agreement provided for the two agencies to
                jointly undertake, under the auspices of the "Rhode Island Statewide Comprehensive
                Transportation and Land Use Planning Program", a comprehensive development
                program for the state to serve as a guide for future development policy by the state
                agencies, their federal funding sponsors, and other official agencies and
                instrumentalities in the planning area. The Rhode Island Public Transit Authority and
                the Rhode Island Department of Business Regulation became parties to the agreement
                in 1965. The agreement was modified in 1968 when the General Assembly passed
                legislation creating the Department of Community Affairs, which absorbed the
                functions of the former Development Council. In 1970, the General Assembly amended
                section 42-11-2 of the General Laws to include among the powers and duties of the
                Department of Administration the responsibility to "administer a statewide planning
                program including planning assistance to state departments and agencies."
                Accordingly, the planning functions of the Statewide Comprehensive Transportation
                and Land Use Planning Program were transferred to the Department of Administration.
                A 1970 Executive Order    -further clarified the program's role as the principal staff agency
                of the executive branch for coordinating plans for the comprehensive development of
                the state's human, economic, and physical resources, and created the State Planning


                                                           -2.15-






               1@_hapter 2


               Council for the purF _@-e of-providing policy advice and guidance in state planning
               activities.

               Statutory Authority
               As noted above, the Rhode Island Statewide Planning Program (Program) was
               established- and the Department of Administration was designated as the central
               planning agency for state government in 1970 through amendments to Chapter 42-11 of
               the General Laws. The work of the Program is guided by the State Planning Council,
               and the Division of Planning, a division of the Department of Administration, is the
               staff component of the Program.

               In 1978, the General Assembly enacted section 42-11-10 of the General Laws which
               establishes the State Guide Plan as the repository of goals and policies adopted by the
               State Planning Council for the growth and development of the state. The legislation
               directs that the Statewide, Planning Program shall prepare, adopt and amend a state
               guide plan, including goals and policies and long range system plans for the
               comprehensive development of the state's human, economic and physical resources.
               This legislation was superseded by 1985 legislation.

               The objectives of the Program are to plan for the physical, economic, and social
               development of the state; to coordinate the activities of governmental agencies and
               private individuals and groups within the framework of plans and programs; and to
               provide planning assistance to the Governor, the General Assembly, and the agencies of
               state government. Utilizing as staff the Department of Administration, Office of State
               Planning, the Program prepares and maintains the State Guide Plan as the principal
               means for accomplishing these objectives. The Division of Planning, as the principle
               staff agency, prepares, continuously evaluates, and revises the State Guide Plan, and
               recommends to the State Planning Council specific guidelines, standards and programs
               to be adopted to implement the State Guide Plan.

               The State Planning Council consists of: the director of the department of administration
               as chair; the director of the policy office in the office of the governor as vice-c-hair; the
               governor, or his or her designee; the budget officer; the director of the office of housing,
               energy and intergovernmental relations; the associate director of administration for
               planning, as secretary; the president of the league of cities and towns or his or her
               designee and one official of local government, who shall be appointed by the governor
               from a list of not less than three (3) submitted by the Rhode Island league of cities and
               towns; the executive director of the league of cities and towns; the speaker of the house
               or his or her designee; the senate majority leader or his or her designee; four (4) public
               members, three (3) who shall be appointed by the governor, and one of whom shall be
               appoint .ed by the speaker of the house for terms of three (3) years. (R.I.G.L. 42-11-10.d)

               Among its duties, the State Planning Council is responsible for: adopting strategic plans
               (as defined in the legislation) and the long-range state guide plan; coordinating the
               planning and development activities of all state agencies; recommending and


                                                          -2.16-






                1@:hapter 2


                encouraging implementation of these plans tylocal governments, and other public and
                private bodies; and, adopting rules and issuing orders concerning any matters within its
                jurisdiction.

                The 1978 legislation defines the content and purposes of the State Guide Plan as:

                        "...functional elements or plans dealing with land use; physical development and
                        environmental concerns; e   conomic development; human services; and other
                        factors necessary to accomplish the. objective of this section. The State Guide Plan
                        shall be a means for centralizing and integrating long range goals, policies and
                        plans. State agencies concerned with specific subject areas, local governments,
                        and the public shall participate in the State Guide Planning process, which shall
                        be closely coordinated with the budgeting office. Short range and project plans
                        and implementing programs in general shall be prepared on a decentralized
                        basis by the agency or agencies responsible in each functional area, and shall be
                        consistent with the framework of goals, policies and plans established by the
                        State Guide Plans. " (R.I.G.L. 42-11-10(c)).

                As of June 1994, the State Guide Plan is comprised of 23functional elements or plans
                dealing with issues including: land use; physical development and environmental
                concerns; transportation; and, economic development (Appendix S), State Guide Plan
                Overview-, 1992).

                In accordance with Rule 1-12: Procedures for Council Action, adopted pursuant to
                Chapter 42-35 and Section 42-11-10(3)(4), any proposed new element or amendment to
                an existing element of the State Guide Plan is subject to public notice and hearing
                requirements contained in the Administrative Procedures Act and the Rules for Public
                Hearings, prior to Council action.

                Iinpleinentation
                The State Guide Plan is implemented in several ways: through coordination; through the
                specific recommendations of the State Planning Council to the Gove       rnor, the General
                Assembly, state agencies, local government, or other public or private bodies; through
                the state capital development program; and through consistency requirements written
                into other legislation.

                In 1984, a specific list of state goals and policies contained in the State Guide Plan were
                amended into the Rhode Island CRMP. Incorporation of these sections permitted .
                Federal Consistency provisions of the CZMA to be applicable to the State Guide Plan's
                enforceable policies (see FSEIS, Oct. 1985, p.4). At that time, the State Guide Plan, and the
                State Planning Council's coincident enforcement authority, were adopted into Rhode
                Island's coastal program as enforceable mechanisms, for implementing control over
                public infrastructure projects statewide.





                                                            -2.17-






              1@-'hapter 2


               Since the adoption of the State Guide Plan as an enforceable mechar-:* -.r. in Rhode
               Island's coastal program, the general assembly has passed landmark legislation which
               has strengthened the state's role in the oversight of local land use decision making.
               Specifically, in 1988 the Rhode Island General Assembly adopted the Rhode Island
               Comprehensive Planning and Land Use Regulation Act (R.I.G.L. 45-22.2) and
               established the State Comprehensive Plan Appeals Board (R.I.G.L. 45-22.3).


               The Rhode Island Comprehensive Planning and Land Use. Regulation Act

               The Rhode Island Comprehensive Planning and Land Use Regulation Act (Appendix A)
               of 1988, hereafter referred to as the Act, replaced the existing legislation contained in
               the General Laws of Rhode Island (R.I.G.L. 45-22) which addressed local Planning
               Boards and Commissions - The Act establishes a revised set of criteria and
               requirements governing the formulation, adoption and state acceptance.of local
               comprehensive plans. In general, the Act:

                      9 requi res local-comprehensive plans to be adopted conforming to the provisions
                        of the Act within a prescribed time frame;
                      e establishes legislative findings, intent and goals as a basis for the Act;
                      9 provides definitions for clarity;
                      * provides guidelines for the formulation of local comprehensive plans;
                      - specifies nine elements required to be addressed in comprehensive plans;
                      e contains provisions for the coordination of planning activities between two or
                        more communities;
                      * outlines the procedure for the adoption of comprehensive plans and related
                        zoning ordinance amendments;
                      a outlines the procedure for state review of comprehensive plans;
                      * provides a time frame for plan development, review and adoption, including
                        related zoning ordinance changes;
                      - provides an appeals process;
                      * requires that all local comprehensive plans be consistent with an applicable
                        elements of the State Guide Plan and embody the goals and policies of the state
                        agencies;
                      e requires that state agencies incorporate the goals of the Act into their activities,
                        and that their plans and activities be consistent with local plans;
                      e establishes a program for technical and financial assistance, including grants to
                        cities and towns;
                      e provides for the update and amendment of the Act; and,
                      * provides that the Director prepare, and the State Comprehensive Plan Appeals
                        Board adopt, a comprehensive plan for any city or town that fails to adopt and
                        submit a plan or whose plan is disapproved by the Director and that decision is
                        affirmed by the Board.






                MM7LL-1 2


                The Act assigns responsibility for comprehensive plan formulation to the local Planning
                Board/Commission and contains specific requirements for public participation in plan
                development and public hearings prior to plan adoption. Plans must be adopted first by
                the Planning Board /Commission and then by the City/Town Council. Once the
                City/Town Council has adopted the local comprehensive plan, the Council must
                submit the adopted plan to the Department of Administration, Division of Planning for
                review. The Department Director must approve the plan. Within eighteen months of
                state acceptance of the local comprehensive plan, the local zoning ordinance must be
                amended to comply with the plan.

                Plans must be updated every five years. They may not be amended more than four
                times in one calendar year. Whenever the Act or the State Guide Plan is amended, local
                plans must be made to conform within one year.

                At the time of the Act's adoption, specific schedules were provided for the formulation,
                adoption and review of comprehensive plans. These deadlines have been amended to
                allow for a staggered review by State Planning of comprehensive plans. All
                comprehensive plans were to have been submitted to the state by December 31, 1991.

                Review Process
                In order to ensure consistency of local comprehensive plans (and state plans) with the
                goals, findings and intent of the Act, a program of comprehensive planning review was
                established (R.I.G.L. 45-22.2-9). The Act designates the Director of the Department of
                Administration as the responsible official for carrying out its provisions and as the state
                agent for review and action on all comprehensive plans submitted for that purpose.

                The Act requires that all comprehensive plans, elements of plans or amendments to
                plans be submitted to the Director within 15 days of their adoption by the City/Town
                Council. The Director then reviews the submission to make findings that:

                       a. the goals of the Act have been met;
                       b. all required elements of the Plan are complete;
                       c. all plans, elements and amendments are consistent with all elements, as
                          applicable, of the State Guide Plan and embody the goals and policies of the
                          state and its departments and agencies; and,
                       d. the submission complies with all rules and regulations adopted by the State
                          Planning Council pursuant to Section 45-22.2-10(B) of the Act.
                          (45-22.2-9(D))

                The director also reviews the submission to insure that procedural requirements have
                been met.

                The Division of Planning prepared a handbook on State Agency Goals and Policies, a
                Handbook on the Local Compreliensive Plan (the rules referred to above), and a Data
                Catalogue to assist in plan preparation.


                                                         -2.19-







                  apter 2



               Required Elements
               Each local comprehensive plan is required to address, but is not limited to, nine specific
               elements. These elements and the requirements of each are contained in Section 45-22.2-
               6 and are summarized below. It is important to note that Elements 1 and 9 apply to all
               elements.


                       ï¿½ Element A - Goals and Policies Statement: In accordance with the Act, this
                         statement, "identifies the goals and policies of the municipality for its future
                         growth and development. The statement shall enumerate how the plan is
                         consistent with the overall goals and policies of this chapter, the state guide
                         plan and related elements."

                       ï¿½ Element B - Land Use Plan Element: "The Land Use Plan is the principal
                         element of any local comprehensive plan. As a minimum, the Land Use Plan
                         must consider the allocation of land for residence, business, industry,
                         municipa facilities, public and private recreation, major institutional facilities,
                         mixed uses, open space and natural and fragile areas. Optimum intensities
                         and standards of development must be established for each use classification
                         and location, based upon current development; natural land characteristics;
                         and projected municipal, regional and state services and facilities. Allocations
                         of land use must.consider impacts on surface and groundwater resources,
                         wetlands, coastal features, and other sensitive and fragile natural resources."
                         A land use plan map must be included. The Land Use Plan element, Ue all
                         the other required elements, must be consistent with the State Guide Plan. In
                         addition, the land use plan must contain an analysis of the inconsistencies
                         between the plan and the existing zoning ordinance. The Act requires that
                         municipal zoning ordinances be amended to be consistent with this element
                         within eighteen months of plan adoption.

                       * Element C - Housing Element: This element requires municipalities to address
                         housing needs in formulating and adopting comprehensive plans.

                       * Element D - Economic Development Element: Municipalities must formulate
                         economic development goals and policies and devise supporting
                         implementation steps.

                       * Element E - Natural and Cultural Resources Element: Municipalities are
                         required to inventory significant natural resource areas including, water, soils,
                         prime agricultural lands, natural vegetation systems, wildlife, wetlands,
                         aquifers, coastal features, flood plains and other natural resources and the
                         policies for the protection and management of such areas. The policies and
                         implementation techniques must be identified for inclusion in the
                         implementation program element.




                                                          -2.20-






              17hapter


                     - Element F - Ser.-,.:,n and Facilities Element: Municipalities must provide an
                       inventory of existing and forecasted needs for facilities and services used by
                       the public such as, but not limited to, educational facilities, public safety,
                       water, sanitary sewers, libraries and community facilities. The policies and
                       implementation techniques must be identified for inclusion in the
                       implementation program element.

                     - Element G - Open Space and Recreation Element: Municipalities must include
                       an inventory of recreational resources, open space areas, and recorded access.
                       to these resources and areas. The element must also contain an analysis of
                       forecasted needs and policies for management and protection of these resource
                       areas. The policies and implementation techniques must be identified for
                       inclusion in the implementation program element.

                       Element H - Circulation Element: Municipalities must provide an inventory and
                       analysis of existing and proposed major circulation systems, street patterns,
                       and any other modes of transportation in coordination with the land use
                       element. The policies and implementation techniques must be identified for
                       inclusion in the implementation program element.

                       Element I - Implementation Program: The implementation program element of
                       a comprehensive plan must include:
                        1. A statement which defines and schedules for a period of 5 years or more
                           the specific public actions to be undertaken in order to achieve the goals
                           and objectives of each element of the comprehensive plan.
                        2. An identification of public actions necessary to implement the objectives
                           and standards of each element of the comprehensive plan that require the
                           adoption or amendment of codes and ordinances.
                        3. An identification of other public authorities or agencies owning water
                           supply facilities or providing water supply services to the municipality.
                           Municipalities must coordinate the goals and objectives of the
                           comprehensive plan with the actions of such public authorities or agencies
                           with regard to the protection of watersheds as provided in section 46-15-3-
                           1, et seq. (Public Drinking Water Protection Act of 1987).
                        4. A schedule for municipal actions required to amend the zoning ordinance
                           and map to conform to the comprehensive plan.

              In addition to these nineelements, Section 5 of the Act sets forth the following basic
               requirement:

                        Pursuant to the schedule established under this chapter, each
                        municipality shall prepare and adopt a comprehensive plan which
                        is consistent with the goals, findings, intent and other provisions of
                        this chapter, or shall amend the existing comprehensive plan to
                        conform with the requirements of this chapter.


                                                     -2.21-






              Klhapter 2


              The reference to "other provisions" relates to State Guide Plan consistency, local
              adoption, citizen participation, submission to the state for acceptance, the required plan
              elements, and the various time periods for compliance (Handbook on the Local
              Comprehensive Plan, 1989).

              In cases where a community either fails to submit a complete comprehensive plan in
              accordance with the requirements of the Act, or a community's comprehensive plan (or
              any part thereof) has been disapproved by the Director and affirmed by the State
              Comprehensive Plan Appeals Board, the Act requires the Director to prepare a
              comprehensive plan that complies with the requirements of the Act for adoption by the
              State Comprehensive Plan Appeals Board (Section 45-22.2-13). Adoption of this plan by
              the Appeals Board is deemed to constitute an adopted comprehensive plan for the
              delinquent, municipality.

              Subsection 45-22.2-9(c)(7) of the Act provides for the appeal of the final decision of the
              Director to a new State Comprehensive Plan Appeals Board established by Chapter 45-
              22.3 of the General Laws.

              As of June 30, 1994, 35 comprehensive plans had been submitted to the state. Five had
              not: Exeter, Glocester, Little Compton, West Greenwich, and the Naff agansett Indian
              Land. The following four plans have been approved by the state: Cumberland, East
              Greenwich, East Providence, and Jamestown. No plan has been disapproved, as efforts
              have been made by municipalities and state agencies to reach mutual agreement on
              revisions that adequately addresses state comments. The review process has been very
              intensive, with more than thirty state agencies submitting a total of more than 600
              comment letters.


              Additional Programs Addressing Nonpoint Source Pollution

              There are a wide range of federal, state, and local programs and planning efforts
              currently underway that address nonpoint sources of pollution. The following sections
              describe some of the programs which address the categories and sub-categories of
              nonpoint pollutants specified in the Guidance Speciffing Management Measures For
              Sources of Nonpoint Pollution to Coastal Waters (EPA 1993). These programs rely on both
              enforceable and nonenforceable approaches to addressing the management measures or
              are designed to provide technical assistance or federal funding (e.g., demonstration
              projects) to address nonpoint pollution problems.

              Federal Level


              Agricultural Soil Conservation Service (ASCS)




                                                      -2.22-






                lMiapter 2


                This agency is the financial partner of SCS and CE. The ASCS admii- @' @.*-_rs most price-
                support programs, shares the cost of installing certain soil and water conservation
                practices and woodland management practices.

                Soil Conservation Service (SCS)
                This agency implements various nonpoint source programs. For example, the SCS
                works with farmers on soil erosion, water quality and water conservation problems by
                helping them to plan management systems, and designing and inspecting best
                management practices.

                1990 Farm Bill
                This program extends conservation requirements and possible loss of benefits to
                additional programs; creates new conservation incentive programs including the Water
                Quality Protection Program, Wetland Reserve Program and Environmental Easement
                Program.

                Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
                This program mandates registration and approval by EPA prior to use of any pesticide,
                sets labeling and applicator licensing requirements, and makes improper use of
                pesticides a misdemeanor. Licensing and enforcement responsibilities are passed on to
                the states.


                1985 Food Security Act
                In order to maintain eligibility for participation in specified USDA programs, persons
                must apply an approved conservation system on all highly erodable land which is used
                to produce an annual crop, and restrict activities within wetlands. Low level of
                participation.

                Safe Drinking Water Act
                It contains strict monitoring requirements for public drinking water supplies and
                authorizes the EPA to designate sole-source aquifers. No commitment of federal funds
                can be made for projects which will contaminate those aquifers

                USDA Farmers Hoone Administration
                This program provides low interest loans for farm ownership, farm operating expenses
                and soil and water conservation practices.


                State Level


                Rhode Island Pollution Discharge Elimination Prograin (RIPDES)
                This regulatory program was adopted in accordance with R.I.G.L. 46-12,42-17; and 42-
                35. It is administered by the RIDEM, Division of Water Resources. As a delegated state,
                RI is authorized to issue individual or general permits to regulate storm water
                discharges which require regulation under the RIPDES Program. A permit is required


                                                         2.2 3-






                'n1apter 2


                for 11 categories of activities, including construction activities which disturb five or
                more acres of land. When storm water is either directly discharged from a point source
                to the waters of the State (including wetlands), or indirectly discharged through a
                separate storm sewer system, a storm water permit is required.

                Rhode Island Nonpoint Source Managetnent Plan
                This program was adopted pursuant to Section 319 of the Clean Water Act. It is
                administered by the RIDEM, Office of Environmental Coordination. A revised Rhode
                Island Nonpoint Source Management Plan (RINSMP) is currently being developed and
                will become an element of the State Guide Plan. In order to be eligible for federal
                funding, states must develop an assessment report detailing the extent of nonpoint
                source pollution, and a management program specifying nonpoint source controls.
                Section 319 authorizes EPA to issue grants to states to, assist them in implementing their
                nonpoint source management programs or portions of management programs that have
                been approved by EPA. This program often funds nonpoint source demonstration
                projects designed to implement best management practices.

                Agricultural Freshwater Wetlands Regulations
                The regulation of freshwater wetlands on agricultural'lands is administered by the
                RIDEM, Division of Agriculture pursuant to R.I.G.L. 2-1-18 et seq. Alterations to
                freshwater wetlands on agricultural lands and proposed agricultural activities resulting
                in alterations to agricultural freshwater wetlands are reviewed by the RIDEM Division
                of Agriculture in cooperation with the RIDEM Division of Freshwater Wetlands and the
                Division of Water Resources.


                RIDEM Conservation Officers
                RIDEM's Conservation officers patrol the State and enforce RIDEM regulations. They
                also report violations to the Coastaf Resources Management Council.

                RIDEM Site Reinediation Prograin
                This program is administered by RIDEM, Division of Site Remediation. This program
                contains regulations pertaining to oil pollution control and underground storage
                facilities for petroleum products and hazardous materials. It also contains rules and
                regulations for the investigation and remediation of hazardous material releases.

                RIDEM OSCAR Prograin
                This program is administered by the RIDEM, Office of Environmental Coordination.
                The program focuses on public outreach and education related to recycling and
                pollution control.

                LocalLevel


                Rhode Island Land Developinent and Subdivision Review Act
                This Act is implemented by the municipalities pursuant to R.I.G.L. 45-23. The act
                contains general requirements related to the coordinated review of all subdivisions


                                                           -2-24-






                rhapter 2


                       land development projects) and requires state agencies to participate in a
                coordinated pqrn-dt review process.

                1990 RI Erosion and Seditnent Control Act
                This Act is implemented by the municipalities pursuant to R.I.G.L. 45-46. It enables
                municipalities to adopt erosion and sediment control ordinances. Currently, 21
                municipalities have adopted soil erosion and sediment control ordinances.

                Rhode Island Septic System Maintenance Act of 1987
                This Act is implemented by the municipalities pursuant to R.I.G.L. 45-24.5. It enables
                municipalities to adopt waste water management districts.

                Farm, Forest and Open Space Act
                This Act is implemented by the municipalities. It enables municipal tax assessors to
                assess lands according to current use rather than highest and best use. Landowners
                apply for the reduced assessment. Farmland must be designated by the RIDEM,
                Division of Agriculture and forest land must be designated by RIDEM, Division of
                Forest Environment. Requirements include a minimum of five acres and application for
                a conservation plan for farmland, and 10 acres and a management plan for forest land.

                Conservation Districts
                There are three conservation di'stricts in Rhode Island. The provide technical assistance
                to municipal officials and land owners. For example, the conservation districts have
                expended great effort in getting municipalities to develop and implement soil erosion
                and sediment control ordinances. One of their more innovative initiatives is their site
                plan review program whereby they review projects for their erosion and sediment
                control and stormwater management impacts. In some, the conservation districts
                perform the technical review associated with implementing a municipalities soil erosion
                and sediment control ordinances.


                Cooperative Extension (URI)
                This program concentrates on providing technical assistance to land owners and
                municipal officials on various nonpoint pollution control issues.

                Sea Grant (URI)
                This pr'ogram concentrates on providing technical assistance to land owners and
                municipal officials on various nonpoint pollution control issues.

                USDA Water Quality Initiative CE and SCS coynbined efforts
                These programs have been involved in several combined efforts to address nonpoint
                sources of pollution. For example, the programs have cooperatively worked together
                on the Pawcatuck River Hydrologic Unit Area (HUA). this project has worked -on
                getting the voluntary implementation of best management practices within the Wood-
                Pawcatuck River Watershed. Another example is the USDA's implementation of the
                Narragansett Bay Project. The SCS has designated the Bay's watershed as a Special


                                                         -2.25-






               r@_:hapter 2


               Project Area. Accordingl:-, it is working on planning initiatives and funding
               demonstration projects such as conservation practices within the watershed.

               RI Sustainable Agriculture Cominittee (RISA)
               This committee was formed in 1990 to provide information about practices that are
               being used or researched in RI that reduce inputs, conserve natural resources and
               sustain productivity. Sponsors of these efforts include farmers, Cooperative Extension,
               the Conservation Districts, and the RIDEM, Division of Agriculture.













































                                                        -2.26-







                  Chapter 3


                                                   Chapter 3
                                         Boundary Recommendation


                  In accordance with Section 6217 requirements, NOAA, in consultation with
                  EPA, has recommended to Rhode Island that a 6217 management area which
                  encompasses the entire State is necessary to it control sources of pollution that,
                  individually or cumulatively,'significantly impact the state's coastal waters".
                  Due to resource and time constraints which prevent the State from
                  conducting a separate analysis, Rhode Island has chosen not to propose an
                  alternative management area at this time. Accordingly, Rhode Island's
                  Coastal Nonpoint Pollution Control Program will be implemented statewide.

                  Rhode Island will be relying a number of programs to implement its Coastal
                  Nonpoint Pollution Control Program (CNPCP) statewide (see Chapter 2).
                  Those programs which will be utilized to implement Rhode Island's CNPCP
                  will require additional funding and technical assistance. Therefore, Rhode
                  Island reserves the option of modifying its Section 6217 management area
                  based on the availabilty of adequate levels of implementation funds and the
                  need to target existing resources in those areas where coastal nonpoint
                  pollution problems are known to exist.





























                                                     -3.1





                 Chaj)'ter 4                                                                     Ai-IFICU I I U Fe


                                                         Chapter 4
                                                        Agriculture




                Introduction


                The Coastal Nonpoint Pollution Control Program: Program Development and Approval
                Guidance allows for an exclusion under two scenarios:

                       (1) if a nonpoint source category or subcategory is neither present nor reasonably
                       anticipated in the 6217 management area, or (2) if a state can demonstrate that a
                       category, subcategory or particular source of nonpoint pollution does not and is not
                       reasonably expected to, individually or cumulatively, present significant adverse
                       effects to living coastal resources or human health (EPA & NOAA, 1993, p. 13).

                Because Rhode Island agriculture is limited, the second scenario applies to Rhode Island.

                In support of this premise, the following plans and reports document that agriculture has
                exhibited no adverse effects on living coastal resources or human he@dth in Rhode Island:

                       I .     The 208 Water Quality Management Plan for Rhode Island.
                       2.      The 1990, 1992, and the 1994 draft 305(b) Reports: The State of the State's
                               Waters.
                       3.      Rhode Island's Nonpoint Source Management Program.
                       4.      Rhode Island's nine Nonpoint Source Management Plans for Water Supply
                               Watersheds.
                       5.      The Special Area Management Plans for Narrow River, the Coastal Ponds,
                               Providence Harbor and the Pawcatuck River Estuary and Little Narragansett
                               Bay.
                       6.      77ze State of Rhode Island Coastal Resources Management Program.

                In addition, due to the steady decline of          Rhode Iskmd landuse in 1990
                agricultural land area in Rhode Island,
                agriculture is not anticipated to become a
                significant nonpoint source problem.
                Therefore, Rhode Is land respectfully
                requests a categorical exclusion from the
                management measures for sources of
                nonpoint pollution in coastal waters. The
                following text elaborates and substantiates                                                   j
                this position.                                 Figure I Fanners utilize only 2.9% of Land for production. Adapted
                                                               from 1990AgricaftamlFacts, RIDEWDOA, 1990.







                   Chapter 4                                                                            Agriculture


                  The Scale of Agriculture in Rhode Island
                                     Table 1                       Agriculture's* limited effect on water quality in
                            Rhode Island Crops of                  Rhode Island follows from its limited presence in
                           Over 1000 Acres in 1990                 the state.    Farms- in Rhode Island comprise
                                                                   approximately 5 % of land use, but farmland in
                                                                   production' amounts to less than 3 % (Figure 1).
                              -C --2                               In 1990, farmers maintained only 399 operations
                              Hay             S.702                averaging 44 acres in production and totaling
                              Turf            3.3M                 under 20,000 acres statewide.        Rhode Island
                              com             2,430                farmers use much of theirland for low intensity
                              Nursery Stack   2,082                agricul-ture. Field crops like turf, pasture and
                              Potatoes        1,232                hay account for 10,282 acres, or over half of
                                                                   productive farmland (Table 1). The Rhode Island
                              X-masITrees     1,200                Land Use Classification System, developed for
                              Puture LAnd     1,196                the Scituate Reservoir Watershed Management
                              Other                                Plan, a State Guide Plan element, and
                              TaW                                  subsequently used in the nine Nonpoint Source
                  Note. Adapted from 199OAgricutruralFacu, RMIENVDOA, 1990. Management Plawfor Water Supply Watersheds,
                                                                   classifies field crops as the lowest risk form of
                                                                   agriculture and indicates that, overall, such crops
                                                                   pose only a slight risk to water quality, falling in
                                                                   the same risk category as public parks.

                  Though in other states "animal manure producing enterprises, particularly dairy, poultry and
                  cattle feedlot operations are known to present significant threats to water quality" (EPA/NOAA,
                  1994) this is not the case for Rhode Island. In part, this is due to the limited size and extent of
                  livestock operations (Table 2 and 3). Since 1990 numbers of livestock and livestock operations
                  have continued to declined. This is reaffmned by economic data that show livestock as
                  declining in relation to other agricultural commodities between 1979 and 1993' (Figure 2). In
                  1993, all livestock in the State made up only 14% of agricultural revenues. Some recent
                  estimates indicate that the number of dairy farms may have dropped by ten percent; hog farms
                  by 20 percent. Other recent information indicates that Rhode Island's largest poultry farm,
                  housing 200,000 chickens, was sold and converted to another use.








                  Farmland in production refers to farmland used actively, including crops, nursery, turf and livestock
                  operations.

                  2This data has not been adjusted for changes in the Consumer Price Index.



                                                                  -4.2-












                                                                                                                         Aimculture



                                                                          Table 2
                                                               Kind, Number and Size of
                                                      Livestock Operations in Rhode Island

                                            Farm Type             Number of Farms     Animal Head     Average Head
                                                                                                           Per Farm

                                            Poultry                               9          266,000          29,556

                                            Dairy                               39           3,628                93

                                            Hog                                 17           9,600               565
                                            Beef Cattle                         30           1, 0 1=6             34

                                   Note. Adapted from 1990 Agriculture Facts, RIDEM/DOA, 1990.

                                                                          Table 3
                                                    Location of Livestock Operations by Type
                                                            and County in Rhode Island

                                       Farm Type          Bristol  Kent County        Newport    Providence    Washington
                                                    I     County                       County        County        County

                                       Poultry                 0             0               1            6             2

                                       Dairy                   5             4               8            9            13

                                       Hog                     1             2               4            9

                                       Beef ttle               0             5               3            15


                                   NM Adapted from 1990 Agriculture Facts, RIDEM/DOA, 1990.


                              R-1Nc),c14e
                           70000000
                                                                                                                        -100-101*


                           50000000-,


                           400*0000


                           '0000000


                           2 00000400


                           a 00040000


                                   010!70 10180 19:91  1@82 10793 3.@84 1083 1"Ib 1"7 1@88 1@60 19@-O 1"I 19@2 19@3
                                                                                'Year

                                                   - Cht- 4=-p.              - - LA--k
                        Figure 2 Livestock revenues have. made up a decreasing portion agriculture revenues in Rhode Island.







                                                                             -4.3-









                                                                                                                                               Agriculture


                                                                                  Table 4
                                                              Status of Waste Management on
                                                                   Rhode Island Dairy Farms

                                                                  Head of Dairy Cows       Status of Waste Management Structure
                                                                                     130   Structure in-place
                                                                                     W     structure in-place
                                                                                     //    structure in-place
                                                                                     3U    No structure
                                                                                     6U    Structure in-place
                                                                                     Y1    Structure in-place
                                                                                     3U    No Structure
                                                                                           structure partially in-place
                                                                                           No structure
                                                                                     X)    structure in-place
                                                                                     31    No structure
                                                                                     38    No structure
                                                                                     61    Structure in-place
                                                                                     4U    No structure
                                                                                     1215  No structure
                                                                                     IR    structure in-place
                                                                                     4.)   structure in-place
                                                                                     m     S ME Fu-m-pTa OR T
                                                                                     Q     No structure
                                                                                     W     structure in-place
                                                                                           No structure
                                                                                     /U    structure partially in-place,
                                                                                     50    structure in-piaFe
                                                                                     63    NO Structure
                                                                                     JU    No structure'
                                                                                     *)U   Structure in-place
                                                                                     3U    No structure
                                                                                     6U    structure in-place
                                                                                     113   structure in-place
                                                                                     Du  I Structure in-place




                                        Note. Adapted from NRCS. unpublished data.

                        Most animal manures in Rhode Island are carefully stored and subsequently utilized via m                                           anaged
                        crop application. Dairy operations typically store manure in a storage structure or field location
                        and spread in spring and fall. The average application rate is 16 to 25 tons per acre for either
                        the spring or fall application and the manure is typically surface applied with a broadcast manure
                        spreader. Approximately two-thirds of the dairy farms in Rhode Island have concrete manure
                        storage structures in-place. Many of the remainder are in discussion or havetentative plans with
                        the NRCS for construction of a manure storage structure (see Table 4).











                                                                                           -4.4-










                 Chapter 4


                Of the eight poultry operations, two are below the threshold of the management measures and
                receive no further consideration here. Four of the remaining facilities house 67,000 head of
                poultry, however the distribution of poultry among these farms is unknown. As indicated in
                Table 5, all other facilities have in-place or are planning to build manure storage structures.
                Beef farms in Rhode Island are below the threshold of the animal facilities management measure
                and therefore are not considered here. No available information indicates that livestock
                operations in Rhode Island have a negative impact on coastal resources.



                                                              Table 5
                                       Manure Storage at Rhode Island Poultry Farms

                                                   Head of Poultry Status of Waste Manapment

                                                           60,000 Structure in-place

                                                            9,000 Structure planned






                                  Note. Adapted from NRCS (1995). unvublished data.




                Water Quality Management Plans and Reports

                77ze 208 Water Quality Management Plan for Rhode Island

                Section 208(b)(2)(F) of the Clean Water Act requires each state to prepare an Areawide Waste
                Treatment Management Plan that includes "a process to identify, if appropriate, agriculturally
                related nonpoint sources of pollution. " In 1979, subsequent to a $2.3 million study that included
                40 separate issue reports, EPA formally adopted and approved Yhe 208 Water Quality
                Management Planfor Rhode Island, which did not contain a chapter relating to agriculture. The
                only reference to agriculture in this comprehensive study is in a chapter regarding soil erosion
                and sedimentation. It is as follows:


                        Agriculture occupies a rather small portion of the total land in Rhode Island,- and most
                        agricultural operations in the , state are small and are interspersed among population
                        -centers and other non-agricultural activities. It is therefore difficult if not impossible to
                        distinguish agricultural nonpoint source pollution from non-agricultural sources of
                        contaminants in the state's waters. Despite the limited amount of agriculture which is
                        carried on in the 208 area, erosion and sedimentation from farming are of some
                        importance (Rhode Island Statewide Planning Program, 1979).





                                                                 -4.5-









                            Chapt    er 4         7Z


                         The 208 plan recommended that farmers use appropriate                                   soil erosion best management practices
                         on a voluntary basis working with the Conservation Districts and Agricultural Stabilization and
                         Conservation Service's cost-share programs. Subsequent to the publication of the plan, many
                         of the 208 identified areas have had some controls implemented to mitigate soil erosion.

                         7he 305(b) Reports: The State of the State's Waters

                         The 1988 305(b) Report notes only minor localized agricultural nonpoint sources. The
                         assessment identifies only three cases where agriculture might contribute to a non-attainment
                         classification (partially supporting or not supporting). In each of these cases other point and
                         nonpoint sources severely impair the ability of the water to attain its support status. The draft
                         1994 305(b) Report indicates that all agricultural operations that were thought to contribute to
                         non-support or partial support have been mitigated through best management practices or were
                         wrongfully identified as causing a nonpoint source impact in the 1988 Report (see Table 6).

                                                                                           Table 6
                                                           The Decline in Agricultural Nonpoint Inputs
                                                            to Non & Partially Supporting Waterbodies


                                                YAtcrbo                                         19U                                       994


                                   Blackswne River                           Slight                                        No threat

                                   Lower Sprague River                       Slight                                        No threat noted

                                   Simmons Reservoir                         Slight - 69 ac. with 39 T/AfY "I loss         65 ac. with 5 T/AfY sod loss


                         L!2!!L Column 2 data adapted from An Asseismew of Nonpoint Sources of Pollution to Rhode Island's Waters, REDOWOEC, 1998. Rows I and 2
                         in coiumn 3 are adapted from 77te 3660) Report.- State of the State's Waters, ILMEM, in press. Raw 3 in column 3 adapted from K. Stuart (1994)
                         JA Snapshot of Rhode Island Agriculture], unpublished data.



                         Rhode Island's Nonpoint Source Management Program

                         Rhode Island's nonpoint source pollution program was developed in accordance with Section 319
                         of the Clean Water Act. The Act requires each state to prepare two key reports, a state
                         assessment report describing nonpoint source pollution impacts to water quality in each state,
                         and a state management program explaining what each state plans to do in the next four years
                         to address its nonpoint source problems. Neither of the Rhode Island reports cited agriculture
                         as a significant water quality problem in the state. The plan established seven goals for the
                         management of nonpoint source pollution and none relates specifically to agriculture. Two key
                         goals are to:

                                     I .       Establish state regulations to address nonpoint sources not presently regulated.
                                     2.        Strengthen existing regulatory programs to enhance control of nonpoint sources
                                               of pollution.



                                                                                               -4.6-










                  Chapter 4


                 The plan, however, makes no recommendations to strengthen or establish new regulatory
                 programs for ag ricultural nonpoint source pollution.

                 As noted in the Rhode Island Threshold ReWew:


                        The 1988 Rhode Island Nonpoint Pollution Assessment Report included information
                        provided by the SCS [currently NRCS], which estimate that 400,000 tons of agricultural
                        soil loss occurs annually in the Narragansett Bay Watershed. (NOAA/EPA, 1994)

                 This amount appears to be in error and a significant overestimation. As discussed in a recent
                 report by the NRCS entitled An Attempt to Reconstruct How the 1988 Agricultural NPS
                 Assessment Was Completed:

                        The NRCS has no data which verifies: 1) the Narragansett Bay total as stated on page
                        13 [of the 1988 Assessment], nor 2) the total soil loss and average soil loss per acre by
                        basin as stated in the Addendum [of the Assessment]. (NRCS, 1995)

                 The report goes on to note two important inconsistencies in the evaluation of agricultural soil
                 erosion in the Assessment:


                        The two sections of the "Assessment" are not consistent. Adding the "Total Avg Soil
                        Loss (t/y)" column of the table in the Addendum for those basins within Narragansett
                        Bay (i.e. basins [waterbody unit numbers] beginning with 0007) gives a total of
                        1,591,142 tons, rather that the 400,000 tons noted on page 13. Summing the "Total
                        Acres Inventoried" column for the same basins gives 2,195 acres, which divided into
                        400,000 tons gives an average soil loss of 182 tons per acre per year.

                        Given that the "Areawide Water Quality Management Plan" ("208 Plan") of 1978 [sic]
                        estimated average soil-loss from untreated cropland at 11.2 tons per acre per year, and
                        that the raw data shows the highest erosion rates on any one field to be less that 30 tons
                        per acre per year, it is obvious that an error was made in the calculations. (NRCS, 1995)

                 The NRCS Report then reevaluates current soil losses and concludes:

                        Page 13 of the 1988 Assessment should be revised to read, "The Natural Resources
                        Conservation Service has calculated that in 1988 in the Narragansett Bay Basin alone,
                        nearly 18,000 tons of soil per year were moving due to agriculturally-induced erosion
                        (20 % of which enters rivers and streams)."

                 As correctly reflected in the most recent 305(b) Report, agricultural erosion may produce
                 localized water quality threats in Rhode Island, but these threats do not and have not lead to
                 significant nonpoint source problems in the Rhode Island coastal zone.




                                                               -4.7-









                   Chaptee%                                                                                   1111r@


                 Nonpoint Source Pollution Management Plans For Water Supply Watersheds

                 These nine plans were prepared as an element of the Fiscal Year 1990 Workplan for the Rhode
                 Island Nonpoint Source Management Program. The purpose of these plans is to provide data
                 and recommendations that can assist with the protection of drinking water supplies via enhanced
                 management of land use within the watershed areas. Recommendations are given to help
                 mitigate existing nonpoint source pollution problems and to help prevent future nonpoint source
                 pollution problems.     The surface water supply watersheds, for which these plans were
                 developed, are: Jamestown, Newport, Stafford Pond, Wallum Lake, Block Island, Woonsocket,
                 Pawtucket, Kickamuit and Sneech Pond

                 Only one plan, the Nonpoint Source Pollution Ma       nagement Plan For 7he Jamestown         Water
                 Supply Watershed, makes any recommendation pertaining to agriculture. This recommendation
                 holds that the three active agricultural operations in the watershed should continue to comply
                 with the voluntary Soil Conservation Service programs.

                 Rhode Island's Coastal Resources Management Program and Special Area Management Plans

                 The Coastal Resource Management Council's enabling legislation requires the Council to review
                 any activity that will significantly impact the coastal resources of the state. To this end, the.
                 Council reviews several categories of activity statewide.         The Council does not review
                 agricultural operations because there is no scientific evidence that suggests that these activities
                 impact on coastal resources of the state. In addition, none of the Council's Special Area
                 Management Plans finds any coastal water quality problems associated with agricultural
                 activities. These plans cover the areas of: the Coastal Ponds, the Narrow River, the Providence
                 Harbor, and the Pawcatuck River Estuary and Little Narragansett Bay.

                 The Future of Agriculture in Rhode Island

                 Agriculture's potential to create nonpoint source pollution is dwindling as agricultural land uses
                 decline throughout the state. Production farmland has halved since 1972 and fallen by two-thirds
                 since 1960 (see Figure 3). Two fundamental actions account for and perpetuate this decline:

                         I .    The conversion of coastal farmland to residential development.
                         2.     A move towards less intensive agricultural uses.












                                                                -4.8-










                    Chapter 4                                                                                   M-00111-'Mkfflq@



                                              Production Farmland in Rhode Island
                                                                    1960-1990



                                                  70
                                                  60

                                                                                    ............ ...........................
                                                  50-1
                                                  40  . . . ........   ......
                                                  30-1  ---

                                                  20 -
                                                  Lo    - - ------
                                                                        - - - -------
                                                      0       1960          1972         1990
                                                                            Yean



                                         Figure   3 Are. of fumilmd i- tbad of its IUZ iD 1960 (RMEM. 1"0).






                                                             F crmtana in Rtloae Islana
                                                             (,wForms vs. Land Value I P-50 -1 9 9 5)


                                                               - - - - - - - - - - - - - - - - - - - - - - - - - -
                                                                     M - - - - - - - - - - - - - - - - - - - - - - - -
                                                40c)o 7------------                  ------------     71 ---
                                                      -----------

                                                20 0 0- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

                                                1000  - - - - - - - - - - - - - - - - - - - - - - - - -


                                                      '1850  1850  1910   1930   19A5    196C   1975   1990


                                                          NUMBER 07 FARMS        LANC VAWL(DC-7)



                              Figure 4 As land values in Rhode Island have increased the number of farms in the State has declined
                              (RIDEM, unpublished data).


                   Population growth in the coastal region has spurred the conversion of farmland to residential
                   development. The aesthetics of the coast heighten the market value of land for development.
                   People Re living along the water and tend to pay high prices for homes there (see Figure 4).
                   Over recent years, this has transformed rural areas into urban land use. Today few coastal
                   towns sustain large agricultural tracts.
                                                        ..........


























































                                                                             -4.9-









                   Chapter 4


                  At the same time, the type of agriculture practiced has been changing. As shown by Table 7,
                          ajor Rhode Island farm types, nurseries and potato farms, saw fairly sharp declines over
                  the past decade, mainly because these two farm types have been converted to less intense
                  two in


                  agriculture such turf cropping. These development pressures are anticipated to continue. The
                  state projects a population growth rate of 9.5% over the years 1985-2010, with the greatest
                  increases expected in the coastal and rum] communities (Division of Planning, 1992).

                  As turf has grown to become a significant form of agriculture in Rhode Island -- though only
                  a tiny portion of Rhode Island's overall land use -- questions regarding it's potential to impact
                  coastal resources have arisen.


                          Commercial turf. operations have expanded significantly during the past decade.
                          Fertilizer application to commercial turf usually contain high amounts of nitrogen, an
                          element that can contribute to numerous indirect impacts to Narragansett Bay.
                          (EPA/NOAA, 1994)

                  There   is no.evidence to indicate. that turf fartning in Rhode Island has a negative impact on
                  coastal resources, inclusive of Narragansett Bay. Furthermore, studies of turf farming show that


                                                               Table 7
                               Change in Crop Acreage to Less Intense Uses From 1980 - 1990


                                                         A-... 1-980              Acres 1990


                    Potatoes                                 2,765                    1,232                  -55%


                   Nursery                                   2,400                    2,082                  -15%

                  Turf                                       1.724                    3,849                  123%


                 N21@@ Adaptcd fr(xn 1990 Agriculrural Facts, RIDEM/DOA 1990.



                  only very small amounts of nitrate-nitrogen leach beyond the root zone and that turf is not a
                  significant source of nitrogen to groundwater. As indicated in the conclusion of a 1990 study
                  by Gross, Angle and Welterlen in the Journal of Environmental Quality:

                          The current study demonstrates that very low concentrations of N03-N were found below
                          the rootzone of turf. Sediment and attached nutrient losses from established turfgrass are
                          also low due to the thick, densely  matted nature of turfgrass and the hydraulic resistance
                          provided by the erect turfstand. It is therefore believed that properly managed and
                          judiciously fertilized turf is not a significant source of nutrients or sediment in surface
                          or groundwater.





                                                                 -4.10-










                 Chapter 4


                First and foremost, turf farmers generally do not over fertilize or over water as this leads to
                unnecessary expense. This is especially true of Rhode Island turf farmers who face very high
                pressure to develop their commercially valuable lands and cannot afford any economic
                disadvantage. A recent survey supports this:

                       An informal survey by DEM's Division of Agriculture of Rhode Island turf growers and
                       conversations with NRCS indicate that most turf growers have instituted irrigation water
                       monitoring to prevent overwatering [sic). This same survey also indicates that over
                       fertilization is not occurring due to negative economic consequences of such a' practice
                       to the grower. (RIDEM/DOA, 1995)

                Turf farmers in Rhode Island, thus operate in a manner that prevents loss of nitrogen. This is
                further confirmed by a recent evaluation of turf grower fertilization practices by RIDEM/DOA
                (1995). The evaluation states that when a crop is in the field - typically growers rest
                approximately a third their growing fields each year'-- turf growers on average apply 3 to 6
                pounds of nitrogen per 1000 square feet per year or approximately 13    '0 to 260 pounds per acre
                per year. The evaluation also states that growers apply fertilizers cautiously to maximize
                potential utility:

                       Fertilizer types vary but are predominantly granular in form, quick release, and are
                       surface applied with a broadcast spreader. Typically 3 to 6 applications are made per
                       year which includes a fall application of 2lbs/1000 square feet using a &low release
                       fertilizer. Growers generally apply from 0.5 to 1.0 lb of Nitrogen/1000 square feet for
                       applications other than the fall application. Applications of nitrogen are deliberately
                       frequent and low in rate in order [to] time nitrogen availability to plant.growth and avoid
                       over fertilization and leaching losses etc. Quick release fertilizers are typically used to
                       provide for rapid greening (i.e. before harvest), but because they are applied at such a
                       low rate[,] nitrogen losses are minimal. (RIDEM/DOA, personal communication, May
                       16, 1995)

                Turf operations represent a very small part of Rhode Island land use--approximately half a
                percent. Currently, 14 turf growers opemte in the state. Thirteen of them are within the
                Pawcatuck and/or Saugatucket watersheds (see Figure 5). Neither the Coastal Resources
                Management Plan, Rhode Island's Salt Ponds: A Special Area Management Plan, nor the Special
                Area Management Plan for the Pawcatuck River Estuary make mention of any nonpoint source
                pollution concerns from nutrients associated with turf fuming in the am.









                  Chapter 4


                                                                      One turf operation in Portsmouth, on
                    Turf Growers in Rhode Island Watersheds           Aquidneck Island, is within the Bay
                                                                      watershed. As ithappens, this operation is
                                                                      also within the watershed of the Newport
                                                                      Water Supply. Because of potential impacts
                                                                      to human health, waters of the Newport
                                                                      Water Supply receive constant monitoring
                                                                      and the greatest protection affordable. In a
                          Ell                    SAUVOC1W             recently published management plan,
                                                                      Nonpoint Source Pollution Management
                                                                      Plan for the Newport Surface Water Supply
                                                                      Watersheds, the risks posed by all land uses
                                                                      within the watershed were evaluated.
                                                                      Recommendations were made to limit the
                                                                      potential adverse impact from all land uses'
                    Figure  5 Only one turf grower in Rhode Island operates in Pasture lands, which include in part turf
                    side the Narragansett Bay Watershed
                                                                      crop areas, amounted 304.76 acres or 4.67
                                                                      percent of land use. No recommendations
                                                                      were made for turf grower practices.

                 Existing voluntary cost-share and technical assistance programs also help to prevent the
                 significant adverse effects to living coastal resources and human health. In accordance with the
                 EPA-certified recommendations in 77te 208 Water QuaUty Management Plan for Rhode Island,
                 Rhode Island has developed highly effective cost-share programs through the Consolidated Farm
                 Services Agency (formerly Agricultural Stabilization and Conservation Service); and technical
                 assistance programs through the Natural Resources Conservation Service (formerly Soil
                 Conservation Service), the University of Rhode Island Cooperative Extension and the
                 Conservation Districts. By working within these well-established programs, Rhode Island
                 farmers continue to prevent the potential of Rhode Island agriculture to create any so of
                 significant adverse effect to living coastal resources or human health.

                 The voluntary Conservation District, the University of Rhode Island Cooperative Extension and
                 Natural Resources Conservation Service programs play a primary role in preventing soil erosion
                 and the occurrence of adverse effects in living coastal resources. Through the Natural Resources
                 Conservation Service, soil erosion and sediment control management measures have been tracked
                 in coastal watersheds (see Table 8).












                                                               -4.12-









                       NEF M_


                                                                                            Table 8
                                                         Tons of Erosion Saved By Using NRCS Practices
                                                                              Implemented Since 1988



                                                              Watershed Area                                            Tons Per Year &led


                                                              Bristol County within 100D ft of Coastal Featum                              168

                                                              KickAmuit River Watershed                                                   72


                                                              Palmer River Watershed                                                      31


                                                              Jamestown Water Supply Watershed                                            95

                                                              Adanuiville Brook Watershed                                                 63


                                                              Aquidnock Island Watershed                                                  375


                                                              Note. Adapted from K. Stuart (1"4), fA Snapshot of Rhode Island Agrkuhurel,
                                                              Unpublished daut.



                       The Consolidated Farm Services Agency cost-share programs also help to prevent adverse
                       effects from soil erosion and sediment. From October to December of 1993, the Consolidated
                       Farm Services Agency helped to fund 123 soil erosion and sediment control best management
                       practices around the state.                       By funding practices recommended in Guidance Specifying
                       Management Measures For Sources Of Nonpoint Pollution In Coastal Waters, such as the Cover
                       and Green Manure Crop Practice, the Agency's cost-share programs enabled farmers to save
                       approximately 1,550 tons of soil on 740 acres. The Agency funded 75 percent of management
                       costs for a total of $10,200, or about $6.60 per ton/year. This level of'conservation would not
                       have been possible without cost-share programs, and cost-shares are only available where
                       compliance is voluntary.

                       Conclusion


                       The State of Rhode Island requests an exclusion from the Section 6217 Agriculture Management
                       Measures on the basis that nonpoint source pollution from agriculture does not and will not
                       present significant adverse effects to living coastal resources or human health. Justifying this
                       request:

                                   I .        There are no reports or management plans denoting a significant water quality
                                              impact or threat to living coastal resources or human health from agriculture in
                                              Rhode Island.
                                   2.         Agriculture in Rhode Island has been excluded from several water quality reports
                                              and management plans, with the exception of encouraging voluntary efforts to
                                              control soil erosion.
                                   3.         Increased development continues to limit the extent and intensity of agricultural
                                              operations in Rhode Island.



                                                                                              4. 0-









                 Chapter 4


                                                      References




                Gross, C. M., Angle, J. S., Welterlen, M. S. (1990). Nutrient and sediment losses from
                       turfgrass. Journal of Environmental Qualb, L9, 663-668..

                Rhode Island Coastal Resources Management Program (1984). Providence Harbor: A SMial
                       Area Management Plan. Wakefield, RI: Coastal Resources Management Program.

                Rhode Island Department of Environmental Management, Division of Agriculture (1990). 1990
                       Agricultural Facts. Providence RI: Division of Agriculture.

                Rhode Island Department of Environmental Management, Division of Water Resources
                       (1990). The State of the State's Waters-Rhode Island: A R=rt to Con=ss (PL 90 -
                       500, 305b). Providence, RI: Division of Water Resources.                I

                Rhode  Island Depaitment of Environmental Management, Division of Water Resources
                       (1992). The State of the State's Waters--Rhode Island: A R=rt to Con=ss (PL 92 -
                       500, 305b). Providence, RI: Division of Water Resources.

                Rhode Island Department of Environmental Management, Division of Water,Resources
                       (1994). The State of the State's Waters--Rhode Island: A R=rt to Congrdss (PL 94 -
                       500, 305b). Providence, RI: Division of Water Resources.

                Rhode Island Department of Environmental Management, Office of Environmental Coordination
                       (1993). Nonp2int Source Management Plan for the Jamestown Surface Water SuPPLY
                       Watershed. Providence, RI: Office of Environmental Coordination.

                Rhode Island Department of Environmental Management, Office of Environmental Coordination
                       (1989). An Assessment of Nonpgint Sources of Pollution to Rhode Island's Waters.
                       Providence, RI: Office of Environmental Coordination.

                Rhode  Island Statewide Planning Program (1979). Water Oualijy Management Plan for
                       Rhode Island. Providence, RI: Rhode Island Statewide Planning Program.

                Stuart, K. (1994). A Snapshot of Bristol County. Rhode Island fticulture. Unpublished
                       manuscript.

                Stuart, K. (1995). An Attempt to Reconstruct How the 1988 Ag3icultural NPS Assessment Was
                       Completed. Unpublished manuscript.





                                                         -4.14-









               Chaptcr 4


              U.S.  Department of Commerce, National Oceanic and Atomospheric Administration and
                     U.S. Environmental Protection Agency, Office of Water (1993). Coastal Nonp!2m:t
                     Pollution Control Progmm: ProgLam Develoment and Approval Guidanc .                      .  I

              U. S. Department of Commerce, National Oceanic and Atomospheric Administration and
                     U.S. Environmental Protection Agency, Office of Water (1994). Rhode Island Threshold
                     Review: Comments on the P=sed Coastal NoMint Progm and Threshold Review
                     Meeting on August 25-25, 1994. (Available from National Oceanica and Atomospheric
                     Administration, Washington-D.C. and Environmental Protection Agency, Washington
                     D. C.)













































                                                         -4.15-






                                                                                                       1-orcstrv


                                                           Chapter 5
                                                            Forestry




                 Introduction


                 The Coastal Nonpoint Pollution Control Program: Program Development and Approval
                 Guidance allows for an exclusion under two scenarios:


                        (1) if a nonpoint source category or subcategory is neither present nor reasonably
                        anticipated in the 6217 management area, or (2) if a state can demonstrate that a
                        category, subcategory or particular source of nonpoint pollution does notand is not
                        reasonably expected to, individually or cumulatively, present significant adverse effects
                        to living coastal resources or human health, (EPA & NOAA, 1993, P. 13).

                 Because Rhode Island silvicultural activities are very limited in size and number, the second
                 scenario applies to Rhode Island.

                 Supporting this, no Rhode Island plan or report documents impacts from silviculture:

                        I .     The Rhode Island 305(b) Report, 77ie State of the State's Waters, indicates no
                                water quality impacts from silviculture.

                        2.      Ile EPA excluded forestry from the 208 Water Quality Management Plan for
                                Rhode Island because of its low potential for causing adverse effects.

                        3.      No Rhode Island nonpoint source    plans denote a water quality threat or impact
                                from silviculture. Such plans include:

                                       Rhode Island's Nonpoint Source Management Plan
                                       Narragansett Bay Comprehensive Conservation Management Plan
                                       Scituate Reservoir Watershed Management Plan and all other Management
                                       Plans for Water Supply Watersheds
                                       Special Area Management Plans for Narrow River and the Coastal Ponds
                                       The State of Rhode Island Coastal Resources Management Program

                 Moreover, based on certain trends in Rhode Island silviculture, we anticipate no future adverse
                 water quality effects from forestry.

                        I .     Timber removal volumes have declined over the last two decades. From 1972
                                to 1992 Rhode Island's timber harvest volumes fell 92






                 CI1Z1[)1Cr                                                                               fore,,trv


                        2.,     Residential development has left little forestland for commercial cutting. From
                                1972 to 1985 the area of non-commercial forestland" in the state increased by
                                385%.


                        3.      From 1972-1984 the number of forested tracts between one and nine acres in size
                                increased nearly five fold. Small tracts of foresdand are primarily in residential
                                development and can not support profitable cutting operations.

                 Simply put, Rhode Island forestry activities do not impact coastal water quality, nor will they
                 in the future. The remainder of this chapter elaborates on the limited scale of forestry activities,
                 the lack of documented adverse water quality effects and the improbability of future adverse
                 effects from forestry in Rhode Island.

                 Declining Trends and the Low
                 Potential for Forestry Impacts                             Rhode Island's
                 Eventhough forestland covers about                  Timber Harvest Volume Trends
                 400, 000 acres or 60 percent of the
                 state, commercial forestry operates             3.5 -
                                                                   3-
                 on a very small scale.       The US            C
                                                                3? 2-5
                 Forest Service estimates that annual
                                                                E
                 removals of growing stock in Rhode
                 Island from 1972 to 1984 averaged              LL
                 4.2 million cubic feet, inclusive of
                 10.4 million board feet of sawtimber;
                 or approximately 10 cubic feet of                   1972 19M IM    IWO 1991 1992
                 growing I stock removed per a                                   Yews
                 forested acre.     Minimizing land
                 disturbance and soil erosion, Rhode      Figure I From 1972 to 1992 Rhode I.L.41 timber hwvcst volumes dropped 92% (Dickson &
                 Island loggers primarily use selective   McAfee, 1988 & RMEM, 1989-92)
                 cutting (except when clearing for
                 development).

                 In recent years, loggers have cut even less timber. From 1990-1992, timber harvests averaged
                 approximately 330,000 cubic feet, a fourteenth of the average for 1972 to 1984. These harvests
                                                                               ifteenth of the average for 1972 to
                 included on average, 680,000 board feet of sawtimber, a f
                 1984. In 1992, Rhode Island loggers removed only 130,000 cubic feet of timber overall, this
                 included 360,000 board feet of sawtimber. Table 5.1 shows Rhode Island's sawtimber, fuelwood
                 and total removals for 1990, 1991 and 1992.







                     non-commercial forestland refers to forested areas not subject to silvicultural activities.



                                                                -5.2-






                                                                                                                                                         @orcstr@,


                                                                                         Table 5.1
                                                                      Timber Removals from 1990-1"2



                                                   Year              Sawtimber                  Fushrood                 Total Removals
                                                                     (thousand board            (cords)                  (thousand cubic
                                                                     feet)                                               feet)

                                                   1990                                 579                    4,595                       517

                                                   1991                                 901                    2,682                       348


                                                   1992                                 560                      755                       131


                         Source: Intent-to-cut forrns,  RIDEM 1990-1992.



                         Further limiting the potential to degrade living coastal resources, virtually no cutting occurred
                         in any of the first coastal towns.' A map of cumulative @'Removal Volumes by Town 1990 --
                         1992" (Figure 3), based on RIDEM data, indicates that while Scituate has a larger harvest vol-
                         ume than any first coastal town, the                   Scituate Reservoir sustained no documented impact despite
                         constant water quality monitoring by the -Providence.Water Supply Board. Table 5.2, Timber
                         Removals from Rhode Island Coastal Towns 1990-1992, shows all removals, the total number
                         of timber removal operations and total acreage of harvest area in each Rhode Island coastal
                         municipality for each year. During these years,                          the great majority of timber removals occured
                         in non coastal towns (see Figure 2).



                                                                  1990-1992 Harvest from Rhode Island's

                                                                    First Coastal and Non Coastal Towns





                                                                                                                           *14.4%





                                                                      m Coasftl T@s 85.0%









                                                                                    First Coastal Towrr.
                                                                                    Non Coastal Towns

                                                        Figure 20ver 95% of harvesting in Rhode Island takes place outside
                                                        of coastal towns (RIDEM. 1989-92)








                         2First coastal towns refers those (21 Rhode Island) municipalities which border, at least'in part, on tidal waters.



                                                                                            -5.3-






            Chapter -1                                                        tore,,tr\

                 CUMULATIVE 'REMOVAL VOLUMES BY TOWN 1990-1992-
                                        F
                                            -RF Y
                                         IGL
                                                                          LEGEND
                                                                        < 40,000 cubic feet
                                                                              (90-92)
                                       %Wtp, S,.Www  Cwd               40,000-100,000 cf
                                                                             (90-92)
                                                                        > 100,000 cf
                  - --------------------------------                      (90-91-)






                             ------- - -----------      .......
                   ir----------



                       Fasw



                                          ItI  Cm."m


                                 - ----------









                                            East





                                              kWlh


                                E.4tr

                            -------- - --

                                                            via-




                                                         C-11
                             Mo-ow









                                                                                                                                    The primary influence
                                                                 Table 5.2                                                          restricting forestry activities is
                      Timber Removals from Rhode Island Coastal Towns                                                               the growth of metropolitan
                                                                                                                                    regions.              Most contiguous
                                                                      1990                                                          forest tracts have been divided
                                                                                                                                    into small residential lots.                       In
                      Municipality         Number of          Harvested          Sawtimber Fuelwood                                 1985, private citizens owned
                                           Operations         Area               (thousand        (cords)                           over         320,000 . acres                       --
                                                              (acres)            board
                                                                                 feet)                                              approximately 87% -- of node
                      Charlestown                        1               10                 0            50                         Island's harvestable forestland
                                                                                                                                    with lots averaging less than 10
                      No'rth                             1               55                 0           200                         acres.        Many of these parcels
                      Kingstown                                                                                                     are developed and in residential
                      South                              2              190               50                                        use. The owners of these
                      Kingstown                                                                                                     parcels resist large-scale cutting
                      TOTAL                              4              255               50            750                         operations.             Because of this
                                                                                            = __=@ I                                resistance and because smaller
                                                                      .1991                                                         operations return negligible
                                                                                                                                    profits, loggers do little cutting
                      Municipality         Number of          Harvested          Sawdmber Fuebrood                                  in Rhode Island.
                                           Operations         Area               (thousand        (cords)
                                                              (acres)            board                                              Additionally, much of Rhode
                                                                                 feet)                                              Island's forestland is publicly
                      Charlestown                        1               15               30               0                        owned -- 45 thousand acres --
                      North                              1               35                 0           140                         while the forest industry owns
                      Kingstown                                                                                                     almost none                   approximately
                      TOTAL                              2               50               301           1470                        one percent of all forestland.
                                                                                                                                    Table 5.3                 shows public
                                                                      1992                                                          ownership,               private            forest
                                                                                                                                    industry ownership, and other
                      Municipality         Number of          Harvested          Sawtimber Fuehwood                                 private ownership of forestland
                                           Operations         Area               (thousand        (cords)                           as of 1985.              Figure 4 shows
                                                              (acres)            board                                              percent           owned            by         each
                                                                                 feet)                                              ownership class.
                      Cranston                           1               35               30            150
                                                                                                        -                           Due to the limited extent and
                      South                              3              205              185            105
                      Kingstown                                                                                                     low intensity of timber cutting
                      TOTAL                              4              240              215            255                         in     the       state;       virtual         non-
                                                                                                                                    ownership of forestland by the
                                                                                                                                    forest industry, it is reasonable
                                                                                                                                    to state that forestry will have
                  Source: lntcnt-to-cut forms IUDEM 1990-1992                                                                       no impact to living coastal
                                                                                                                                    resources in the future.







                                                                                                        -5.5-







                                                         T---ble 53                                           Water Quality            Management Plans
                             Rhode Island Forestland Ownership in 1985                                        and Reports
                                                                                                              As recently as 1994 and as far back
                                Ownership Class                        Forestland Owned                       as 1979, Rhode Island water quality
                                                                     I (in thousands of acres)                reports document no threat or impact
                                Public                                                        452             to water quality from forestry. The
                                Private   Forest Industry                                      4.4            following water quality plans and
                                Private   Non Forest Industry                               3221              reports document that silvicultural
                                                                                                              activity has not been a water quality
                                ALL OWNERSHIP                       7                       371.8             concern in'Rhode Island.

                        Source: Dickson & McAffee, 19M                                                        The 305(b) Report: State of the
                                                                                                              State's Waters
                                 R1 Forestland Ownership
                                                                                                            The State of the State's Waters is
                                                                                                            Rhode Island's most comprehensive
                                                                                                            water quality report. In addition to
                                                                                                            describing efforts to maintain clean
                                                                                                            water, it lists threats and impairments
                                Private - Non FCr4WVt In                                                    and the potential causes of these water
                                                                                                            quality problems. Because no 305(b)
                                                                                                            MWIft indicates forestry as an impact
                                                                                                            or threat, we can conclude that
                                                                                                            forestry neither creates nor poses any
                        Figure 4The forest industry owns approximately one percent               of node    adverse water quality effect within
                        Island's forestland (Dickson & McAfee, 1988).                                       Rhode Island.


                        Rhode Island's Nonpoint Source Management Program

                        Rhode Island's nonpoint source program was developed in accordance with Section 319 of the
                        Clean Water Act. The Act requires each state to prepare two key reports, a state assessment
                        report describing the state's nonpoint source impacts to water quality, and a state management
                        program explaining what the state plans to do in the next four years to address their nonpoint
                        problems. Neither report cited silviculture as a water quality problem in Rhode Island. In
                        addition Rhode Island's Nonpoint Source Management Plan did not contain any "Implementation
                        Approaches" (policy recommendations) regarding silviculture.

                        The 208 Water Quality Management Plan for Rhode Island

                        Section 208(b)(2)(F) of the Clean Water Act, requires each state to prepare an Areawide Waste
                        Treatment Management Plan that includes "a process to identify, if appropriate, silviculturally
                        related nonpoint sources of pollution." In 1979, subsequent to a $2.3 million study and 40
                        published reports, EPA formally adopted and approved The 208 Water Quality Management
                        Plan for Rhode Island, which did not contain a silviculture chapter, recommendations relative
                        to nonpoint impacts from silviculture, or any reference to silviculture. Therefore, the EPA



                                                                                           -5.6-






                                                                                                           forestry



                 Regional Administrator, upon approval of the 2Ud Water Quality Management Plan for Rhode
                 Island, agreed that silviculture was not a nonpoint source of pollution in Rhode Island.

                 The Comprehensive Conservation and Management Plan for Narragansett Bay

                 Section 320 of the Clean Water Act empowered Rhode Island to develop and implement the
                 Comprehensive Conservation Management Plan for Narragansett Bay. This plan compiles all
                 applicable water quality and land use data and determines the best course for environmental
                 policy in the bay's watershed. Areas studied stretch inland through most of Rhode Island and
                 parts of Massachusetts and include Rhode Island's forestland. The plan has this to say about
                 forestry:

                        While forests are a major land type within the Bay watershed, less than one percent, or
                        3000 acres, of timberland is harvested'each year. As         a result, timber harvesting or
                        silviculture appears to be an insignificant contributor of NPS pollution to the Bay.
                        (RIDEA    & REDOA, 1992)

                 The Scituate Reservoir Watershed Management Plan

                 The Scituate Reservoir System provides Rhode Islanders with over 80 million gallons of drinking
                 water a day. This supply yields some of the fmest drinking water available anywhere. The
                 Rhode Island Department of Administration wrote this plan to establish state policy to protect
                 water quality in the Scituate Reservoir, its tributaries and groundwater. The plan lists these
                 sources as possible contaminants: septic systems, stormwater runoff, soil erosion, underground
                 storage tanks, road salt, landfills and hazardous materials, junk and salvage yards, vehicular
                 sp ills and accidents, fertilizers and pesticides. The plan does not cite forestry as a potential
                 water quality problem, despite the fact that forestland comprises 75 % of the watershed.

                 Rhode Island's Coastal Resources Management Program and Special Area Management Plans

                 The Coastal Resource Management Council's enabling legislation, requires the Council to review
                 any activity that will significantly impact the coastal resources of the state. To this end, the
                 Council reviews several categories of activities statewide (CRMC, 1992, Section 300). The
                 Council does not review silvicultural operations because there is no scientific . evidence that
                 suggests that these activities impact on coastal resources of the state. In addition, neither of the
                 Council's Special Area Management Plans find any coastal water quality problems associated
                 with forestry activities.













                                                                -5.7-






                 Chapter @5




                 Conclusion


                 The State of Rhode Island requests an exclusion from the Section 6217 Forestry Management
                 Measures on the basis that nonpoint source pollution from forestry does not and will not present
                 significant adverse effects to living coastal resources or human health. Justifying our request:

                        I .    No reports or management plans denote a water quality impact or threat to living
                               coastal resources or human health from forestry in Rhode Island.

                        2.     Forestry in Rhode Island has already been expressly excluded from several water
                               quality reports and management plans.

                        3.     Increased development continues to limit the extent and intensity of forestry
                               operations in Rhode Island.








































                                                              -5.8-






                                                                                                  UorestrN




                                                        References




                Dickson, D.R., McAfee, C.L. (1988). Forest Stastics for Rhode Island--1972 and 1985
                       Resour. Bull. NE-104. Broomall, PA: USDA, Forest Service.

                Rhode  Island Department of Environmental Management, Division of Forest Resources.
                       [Intent-to-Cut forms: Logging applications (1990-1992)]. Unpublished data.

                Rhode  Island Department of Environmental Management, Division of Water Resources
                       (1990). The State of the State's Waters--Rhode Island: A E=rt to Congmss (PL 90 -
                       500, 305b). Providence, RI: Division of Water Resources.

                Rhode  Island Department of Environmental Management, Division of Water Resources
                       (1994). The State of the State's Waters--Rhode Island: A R=rt to Congmss (PL 94 -
                       500, _305b). Providence, RI: Division of Water Resources.

                Rhode Island Department of Environmental Management, Office of Environmental Coordination
                       (1989). An Assessment of No=int Sources of Pollution to Rhode Island's Waters.
                       Providence, RI: Office of Envirommental Coordination.

                Rhode  Island Statewide Planning Program (1979). Water Qualily Management Plan fo
                       Rhodg Island. Providence, RI: Rhode Island Statewide Planning Program.

                U.S.  Department- of Commerce, National Oceanic and Atomospheric Administration and
                       U.S. Environmental Protection Agency, Office of Water (1993). Coastal Nonpoin
                       Pollution Control Program: ProgMm Development and AWrovall Guidance.

                U. S. Department of Commerce, National Oceanic and Atomospheric: Administration and
                       U. S. Environmental Protection Agency, Office of Water (1994). Rhode Island Threshold
                       Review. Comments on the En=sed Coastal No=int Prograni and Threshold Review
                       MeetiLig on August 25-25, 1994. (Available from National Oceanica and Atomospheric
                       Administration, Washington D.C. and Environmental Protection Agency, Washington
                       D.C.)
















                                                           -5.9-







                Chapter 6


                                                        Chapter 6
                                                    Urban Measures




                Introduction

                Rhode Island is the smallest state in the U.S. in terms of land area. It encompasses an
                area of 658,201 acres or 1,028.4 square miles. To put this into perspective, three Rhode
                Islands can fit into Yellowstone National Park, 253 Rhode Islands could fit into Texas,
                and 541 into Alaska. Within this small area are over 400 miles of coastline and 193
                square miles of estuarine area which gives Rhode Island its nickname as the "Ocean
                State". The State also has rich freshwater resources, with 357 lake's and ponds which
                encompass over 16,749 acres, 21 major ground water aquifers, and 724 miles of rivers
                and streams (EPA 1994; RIDEM 1992; and, RIDOP 1989). Freshwater and coastal
                wetlands occupy an area greater than 65,000 acres (Tiner 1989) (See Chapter 9 for
                additional information on Rhode Island's wetlands resources).

                According to the Rhode Island Department of Environmental Management (RIDEM),
                Division of Water Resources 1992 305(b) report The State of the State's Waters - Rhode-
                Island: A Report to Congress (RIDEM 1992), 81% of the state's estuarine areas, 73% of its
                rivers, and 79% of its lakes fully support their designated uses (Table 6.1). Of the
                remaining waters in the state, 42%, of rivers, 71% of lakes, and 7% of estuaries are fully
                supporting but threatened by point or nonpoint sources of pollution, and 5% of rivers,
                18% of lakes, and 11%, of estuaries are only partially. supporting their designated uses.
                It should be noted that the threatened areas fully support their present designated uses.
                Twenty-two percent (22%) or rivers, 39% of lakes and 9% of estuaries are not supporting
                designated uses.

                Nationally, the principle causes and sources of water quality impairments can be
                summarized as follows:

                       "Metals, especially copper and lead, are the most -significant causes of
                       nonsupport in rivers and streams, followed by priority organics, pathogen
                       indicators, low dissolved oxygen concentrations, and nutrients. Nutrients,
                       metals, eutrophication-related low dissolved oxygen concentrations and pH
                       impair lakes. In estuaries and coastal waters, the major causes of impairment
                       include pathogen indicators, heavy metals, nutrients, and eutrophication related
                       low dissolved oxygen concentrations. Major sources of pollutants in rivers and
                       estuaries include industrial discharges, municipal discharges, combined sewer
                       overflows, urban runoff, highway runoff, septic systems, and contaminated
                       sediments. In lakes, septic systems and runoff are the leading sources of
                       impairment. (EPA 1994,146)."






               rd T11 M.



                   Table 61 Rhode Island Rivers, Lakes, and Estuaries Overall Use Support


                                                Rivers (miles) Lakes (acres)       Estuaries (sq.
                                                                                       miles)

                 Total Waters                         725            16,749            193
                 Assessed Waters                      664            16,749            193
                 % Assessed                           91.5%           100%              100%
                 Fully Supporting                       73%             79%              81%
                 Threatened                             42%             71%               7%
                 Partially Supporting                   5%              18%              11%
                 Not Supporting                         22%               3%              9%


                   Source: RIDEM. 1992. The State of the State's Waters - Rhode Island: A Report to Congress.
                            Providence, RI: RIDEM, Division of Water Resources. August.
                            EPA. 1994. National Water Qnality Inventory: 1992 Report to Congress. Washington,
                            DC: EPA, Office of Water. March


               These conclusions are based on monitored and evaluated data from approximately 92%
               of the rivers and 100% of the lakes and estuaries (EPA 1994; and, RIDEM 1992).

               Based on the results of the RIDEM's 1992 305(b) report, it is clear that the vast majority
               of Rhode Island's point and nonpoint source water quality problems are due to urban
               related causes. This should not be surprising since, although Rhode Island ranks 42nd
               among the 50 states in population (968,200), it is the second most densely populated
               state, with approximately 950 persons per square mile. If the rest of the country had a
               population density equal to Rhode Island's, the United States would have a population
               equal to 3.3 billion people (RIDOP 1989).

               This chapter provides a brief overview of land use in Rho-de Island. To supplement this
               chapter, and to provide a more detailed analysis of land use and water quality, several
               documents/ reports have been attached as Appendices. These include

                      Appendix 0, Land Use 2070: State Land Use Policies and Plan
                      Appendix R, The State of Hie State's Waters - Rliode. Island: A Report to Congress
                      Appendix P, Comprehensive Conservation and Management Planfor Narragansett Bay
                      Appendix G, Rhode Island's Salt Pond Region: A SpecW Area Management Plan
                      Appendix H, Narrow River Special Area Management Plan

               The latter three management plans discuss land use and water quality problems within
               their respective watersheds.



                                                        -6.2-







                Chapter 6                                                                            Urban


                Land Use in Rhode ls';-,ind

                The balance between conservation and new development in Rhode Island is a delicate
                one. The Narragansett Bay watershed is one of the most densely populated in the
                countr) with approximately 1.8 million people living in an estuarine drainage area of
                approximately 1300 square miles. In 1980, the density was approximately 1109 people
                per square mile. Compare this to Chesapeake Bay at 404 people per square mile,
                Buzzard's Bay at 780 people per square mile, and San Francisco Bay at 802 people per
                square mile (NOAA 1990).

                In 1990, the population of Rhode Island reached 1,002,000 people, representing a 6%
                increase from 1980, with the greatest increase in suburban and coastal communities
                (RIDOP, 1991). Population projections suggest that an additional 6% increase in Rhode
                Island's population from 1990-2010 would increase the population to 1,106,000.
                Significantly higher growth rates are projected in rural and suburban communities.

                Most of thepopulation is situated in Rhode Island's coastal municipalities, especially
                those located within the Narragansett Bay Watershed (See Table 121-4(l) on page 4.1
                and Figure 121-4(7) on page 4.7 in Appendix 0). The areas where growth is projected to
                increase most are rural areas such as Charlestown and Richmond. Significant increases
                are expected in other rural communities as well. Accordingly, increasing urbanization
                of rural areas will result in the conversion of agricultural and forested lands into urban
                and suburban land uses. Infrastructure changes will result in additional point and
                nonpoint sources of pollutants due to additional areas of impervious surface, expanded
                sewage treatment facilities, and additional ISDS systems which will be necessary to
                service the increased population. Additionally, increasing urbanization threatens
                sensitive areas and natural wildlife habitats which play an important nonpoint source
                abatement function (e.g., wetland areas).

                Much of the new development which take       s place in Rhode Island is located in the
                twenty-one coastal towns. Permits for new single family houses in coastal towns
                totaled 1318 and 1107, for 1990 and 1991, respectively. Non-coastal permits for new
                homes equaled 947 and 943 for 1990 and 1991, respectively (RIBA 1990; and RIBA 1991).
                Statewide, land development activities, summarized in Table 6.2, continue to be the
                major source of pollut -ants to Narragansett Bay. The following sections describe several
                of the categories and subcategories of nonpoint pollutants present in Rhode Island and
                addressed in the Urban section of the "g" Guidance.

                Urban Runoff


                Since much of the state is urbanized, it is not surprisi ng that urban runoff is a major
                source of nonpont pollution to Rhode Island's coastal waters. Urbanized land
                development and activities have been identified as a source of many of Rhode Island's




                                                            -6.3-







                   Chapter 6


                            Table 6.2 Coastal residential and non --sidential construction
                                           authorized by permit, 1970-1989


                                                Bristol       Kent     Newport Providence Washington
                                               County County County                    County,            County

                            Residential (1)       3,202       ll,wi         5,704         23,599            15,978
                            Residential (2-4)        76         586           662          4,518              1,202
                            Residential (50         907        7,554        1,736         21,272             2,255
                            SUBTOTAL              4,185       19,171        8,102         49,389            19,435

                            Retail                   75         532           181           913                246
                            Office                   15         242           137           526                95
                            Industrial               42         439           60            749                91
                            Hotel                      5          24          38              11               44
                            Recreational             12           36          36            117                36
                            SUBTOTAL                149        1,273          446          2,316               512



                            Source: Culliton, Thomas        et al.. 1992. Building Along Ainerica's Coasts: 20 Years of
                                      Building Perinits, 1970-1989. Rockville, MD: National Oceanic and Atmospheric
                                      Administration, Strategic Assessment Division. August.


                   nonpoint source problems (305(b) Report, 1990). Identified urban sources of nonpoint
                   pollution which are addressed in the "g "Guidance include sedimentation from
                   construction sites, stormwater runoff from highways and developed areas, and septic
                   systems (305(b) Report, 1990).

                   Runoff from heavily developed and industrialized areas of Providence, East
                   Providence, Warwick, and Cranston are major non-point sources to theupper Bay.
                   Pollutants found in this runoff include, but are not limited to, heavy metals, polycyclic
                   aromatic hydrocarbons (PAH's), petroleum products, sediments, nutrients, bacteria, and
                   suspended solids. Stormwater runoff and ISDSs are major sources of nonpoint source
                   contamination to areas such as the Salt Ponds and Narrow River regions, as well as to
                   Greenwich Bay.

                   Sewage Treatment and Disposal

                   1985 data estimates that approximately 63 percent of Rhode Island's population is
                   served by sewers, however, in terms of land area, the majority is unsewered. Sewer
                   service is provided for the most densely developed areas, as well as some areas of lower
                   density including central Burrillville, Pascoag, North Kingstown (Quonset Point),
                   Narragansett, South Kingstown, Coventry, and Westerly. Many of these areas have
                   dense, localized populations that could have a detrimental impact on the coastal
                   environment, if left unsewered. Individual Sewage Disposal Systems (ISDS) are




                                                                        -6.4-






              17hapter 6


              primarily used in areas where sewers are not available, in areas with-, narse
                                                                                    A
              populations, or in areas where the majority of the population is seasonal.

              Approximately 40 percent of the state population, or 143,900 Rhode Island households
              use ISDS (Roman 1990). Favorable soil conditions are required for ISDS absorption
              fields to function properly. Soil properties affecting effluent absorption include texture,
              drainage, slope, permeability, depth to seasonal high water table, depth to bedrock or
              other restrictive layers, and susceptibility to flooding. Table 121-5(4) on page 5.8 of
              Appendix 0 identifies the acreage of soils with severe limitations for septic systems by
              city and town. All new ISDS, as well as repairs to existing ISDS, must get a permit from
              the RIDEM, Division of Groundwater and ISDS, to ensure that the system has been
              designed in conformance with state requirements.

              ISDS have long been recognized as a nonpoint pollution source to coastal waters,
              particularly those which are poorly flushed. It should be noted, however, that water
              quality problems associated with ISDS are generally not due to the inadequacy of the
              existing regulatory programs. Rather, water quality problems are due to the existence
              of a large number of sub-standard systems installed px& to the adoption of the current
              RIDEM ISDS regulatory program. Problems are also exacerbated by the fact that in
              many areas, ISDS were installed at densities greater than necessary to ensure the proper
              treatment of sewage and prevention of surface and groundwater contamination.

              The CRMC's Special Area Management (SAM) Plan for the      Salt Pond Region (Appendix
              H) recognized failing and substandard ISDS as the single most important source of
              bacterial contamination and nutrients to the regions coastal waters. In this area, ISDS
              are the principal means of treatment and disposal of domestic waste.

              In 1981 there were 5,502 ISDS units in the watershed of the salt ponds; most predate the
              adoption of State standards and are defined as cesspools. Indeed this is a chronic
              problem statewide where the vast majority of the ISDS predate the current regulatory
              standards,  It should be noted that current regulations mandate that any failed system
              (cesspools are defined as a failed system because they are in nonconformance with
              current regulations) be replaced with a system that meets the current ISDS standards,
              and that all maintenance activities on cesspools are strictly prohibited.

              Other plans such as the Narrow River SAM plan and the Narragansett Bay Project
              (NBP) Comprehensive Conservation and Management Plan (CCMP), have also
              identified ISDS as a major cause of coastal water quality problems.

              Roads, Bridges, and Highways

              Considering its relative size, Rhode Island has an extensive road and highway
              infrastructure. There are 6,275 miles of roads covering an area of 1,049 square miles that
              equals six road miles per square mile of land. This is a greater road density than any
              other state in the nation (RIDOP 1989). Many of the major roadways are located in


                                                       -6.5-






                Chapter 6


                coastal municipalities and generate runoff which typically drains to coastal waters.
                Interstate highways, such as 1-95, have been identified as major nonpoint source
                problems. Rhode Island also claims 725 bridges in this network (note a bridge is
                considered a structure over 20 feet long).

                Almost every major road project is subject to the RIDEM's Division of Freshwater
                Wetlands jurisdiction, and in many cases, when the project is located in coastal areas,
                 ome portion of the project is subject to the CRMC review as well. These reviews help
                assure proper siting and design of structures, and ensure that erosion and sediment
                s

                controls and stormwater management plans are adequate. Often, these major public
                infrastructure projects are subject to State Planning Council review to ensure
                consistency with the State Guide Plan's policies.

                Water Quality Impacts

                As previously noted, many of Rhode Island's coastal water quality problems are linked
                to urban sources of pollutants. These sources include both point sources (e.g., industrial
                dischargers, combined sewer overflows, and sewage treatment plants) and nonpoint
                sources (e.g., stormwater runoff and individual sewage disposal systems). Nonpoint
                loadings are often the cause of pathogen contamination, nutrient loadings, metals
                loadings, and eutrophication-related low dissolved oxygen levels (Table 6-3). Based on
                the results of the 305(b) monitoring report, 81% of the estuarine areas fully support their
                designated uses compared to only 561% nationwide (EPA 1994). Data from Tables 6.4
                and 6.7 show 73% of Rhode Island rivers and 79% of lakes fully support their uses as
                compared to 56% of rivers and 43%, of lakes nationwide (EPA 1994). It is important to
                note that as a "downstream" state, much of the river contamination within the
                Narragansett Bay watershed originates in Massachusetts. Additionally, many of the
                estuarine areas of Upper Narragansett Bay and Mount Hope Bay are impacted by
                pollution which originates within Massachusetts. Detailed information on the point
                and nonpoint sources of pollutants are found in Tables 6.5 - Table 6.12. Additional
                information can be found in the RIDEM's The State of the State's Waters - Rhode Island: A
                Report to Congress (Appendix R) and the EPA's National Water Qualit@l Inventonj: 1992
                Report to Congress (EPA 1994).

                Summary of the Land Use and Water Quality Data

                Based on this brief summary of land use and water quality data in Rhode Island it can
                be concluded that the categories and subcategories of nonpoint sources addressed in the
                Urban Section of the Guidance Specifiling Management Measures For Sources of Nonpoint
                Pollution to Coastal Waters (EPA 1993) either individually or cumulatively, present a
                strong potential for causing significant adverse effects to living coastal resources or
                human health. This conclusion is supported by the findings and recommendations of:

                       - The State of the State's Waters - Rhode Island: A Report to Congress (Appendix R)
                       o Land Use 2010: State Land Use Policies and Plan (Appendix 0)


                                                           -6-6-






                    Chapter.6


                            0 Comprehensive Conserva I im and Management Plan for Narragansett Bay
                               (Appendix P)
                            * Rhode Island's Salt Pond Region: A Special Area Management Plan (Appendix G)
                            * Narrow River Special Area Management Plan (Appendix H)

                   Accordingly, the rest of this chapter discusses Rhode Island's proposals for how each
                   urban measure is, or will be, implemented.




                         Table 6.3 Leading Causes and Sources of Water Quality Impairment in
                                        Rhode Island



                                                Rivers                       Lakes                    Estuaries

                     Leading Causes of          Metals, Pathogens,           Nutrients, In            Pathogens,
                     Impairment                 Priority Organics,           organics, Pathogens,     Nutrients, Organic
                                                Nutrients, Organic           Metals, Turbidity,       Enrichment, Metals,
                                                Enrichment                   Alkalinity

                     Leading Sources of         Storm Sewers and             Atmospheric              Storm Sewers and
                     Impairment - Nonpoint      Runoff, ISDS, In-Place       Deposition, Storm        Runoff, ISDS, In-
                                                Contaminants, Land           Sewers and Runoff,       Place Contan-dnants
                                                Disposal                     Agriculture, ISDS

                     Leading Sources of         Industrial Discharges,       Municipal                Sewage Treatment
                     Impairment - Point         Sewage Treatment             Discharges               Plants, Industrial
                                                Plants, CSOs                                          Discharges, CSOs


                     Source: RIDEM. 1992. The State of the State's Waters -Rhode Island: A Report to Congress. Providence, RI:
                               RIDEM, Division of Water Resources. August.
                               EPA. 1994. National Water Quality Inventory: 1992 Report to Congress. Washington, DC: EPA,
                               Office of Water. March




















                                                                        -6.7-






                    Chapter 6                                                                                        NEff M7 am


                                    Table 6.4       Summary of River Water Qu.,'ity in Rhode Island


                                                           Rivers -Rhode Island                  Rivers - National
                                                              Miles          Percentage          Miles         Percentage

                           Total River Miles                    777                            3,551,247
                           Total Miles Assessed                 664              85%             642,881             18%
                             Evaluated                          376              57%             388,241             60%
                             Monitored                          288              43%             232,W               36%
                           Fully Supporting                     487              73%             360,283             56%
                           Threatened                           282              42%               41,066            6%
                           Partially Supporting                   32               5%            161,025             25%
                           Not Supporting                       145              22%               80,382            13%


                           Source:    RIDEM. 1992. The State of the State's Waters - Rhode Island: A Report to Congress.
                                      Providence, Rl: RIDEM, Division of Water Resources. August.
                                      EPA. 1994. National Water Quality Inventory: 1992 Report to Congress. Washington,
                                      DC: EPA, Office of Water. March




                                 Table 6.5 Impaired River Miles Affected by Causes of Pollution


                           Causes                           Major      Mod/Min Total River Miles % of Impaired

                           Siltation
                           Nutrients                          12           20                32
                           Organic Enrichment                 17           10                27                  15%
                           Pathogens                          56           27                &;                  47%
                           Metals                             130            3              133                  75%
                           Salinity/TDS/Chlorides               -            7                 7                     -
                           Habitat Modification
                           Priority Organics                  27           27                54                  30%
                           Suspended Solids                     -            3                 3                   2%
                           Turbidity                                         7                 7                   4%
                           PH                                                -                 -                     -
                           Thermal Modification



                         Source: RIDEM. 1992. The State of the States Waters - Rhode Island: A Report to Congress.
                                    Providence, Rl: RIDEM, Division of Water Resources. August.
                                    EPA. 1994. National Water Quality Inventory: 1992 Report to Congress. Washington, DC:
                                    EPA, Office of Water. March








                                                                        -6.8-







                    C  hapter 6


                                 Table 6.6 Impaired River Miles Affected by Sources of Pollut'i-l-n


                          Sources                              Major      Mod/Min Total River Miles % of Impaired

                          Point Sources
                             Municipal                           14            28                42                   24%
                             Industrial                             -          27                27                   15%
                             Combined Sewers                        -          14                14                    8%


                          Nonpoint Sources
                             Agriculture                            -          36                36                   20%
                             In-Place Contaminants                  -          24                24                   23%
                             ISDS                                17            47                64                   36%
                             Storm sewers/Runoff                 16           133                149                  84%
                             Road Construction                      -            4                4                    2%
                             Highway Maintenance                    8            5               13                    7%
                             Land Development                       -          15                15                    8%
                             Recreational Activities                1            3                4                    2%
                             Hazardous Waste                        -            9                9                    5%
                             Waste Water                                         2                2                    1%
                             Septage Disposal                       -            1                1                    1%
                             Land Fills                             2            6                8                    5%
                             Land Disposal                          6          31                37                   21%
                             Other                               28            74                102                  58%
                             Unknown                                -          10                .10                   6%

                            Source: RIDEM. 1992. The State of the State's Waters - Rhode Island: A Report to Congress.
                                       Providence, RI: RIDEM, Division of Water Resources. August.
                                       EPA. 1994. National Water Qitality Inventonj: 1992 Report to Congress. Washington,
                                       DC: EPA, Office of Water. March


                                     Table 6.7 Summary of Lake Water Quality in Rhode Island


                                                             Lakes - Rhode Island                   Lakes - National
                                                               I Acres         Percentage          Acres          Percentage

                            Total Lake Acres                   16,749                            39,920,000
                            Total Acres Assessed               16,749            100.0%          18,283,W              46%
                               Evaluated                       15,628               91%           4,104,105            22%
                              Monitored                        1,121                  7%         11,544,595            63%
                            Fully Supporting                   13,173               79%           7,905,576            43%
                            Threatened                         11,896               71%           2,3N,321             13%
                            Partially Supporting               3,020                18%           6,381,821            35%
                            Not Supporting                       556                  3%          1,699,439              9%
                            Source: RIDEM. 1992. The State of the State's Waters - Rhode Island: A Report to Congress..
                                       Providence, RI: RIDEM, Division of Water Resources. August.

                                       EPA. 1994. National Water Qiiality Inventory: 1992 Report to Congress. Washington,
                                       DC: EPA, Office of Water. March



                                                                           -6.9-







                    Chapter 6


                                 Table 6.8 Impaired Lake Acres Affected by Causes of Pollution


                           Causes                              Major   Mod/Min Total Lake Acres            % of ImEaired

                           Siltation                           109       284                393                  11%
                           Nutrients                           80        1,184             1,264                 35%
                           Organic Enrichment/DO               600             -            600                  17%
                           Pathogens                           290       581                871                  24%
                           Metals                              441       371                812                  23%
                           Salinity/TDS/Chlorides              -         605                605                  17%
                           Noxious Aquatic Plants              133             -            133                   4%
                           Turbidity                           -         696                696                  19%
                           Priority Organics                             337                337                   9%
                           Other Inorganics                    -         1,055             1,055                 30%
                           pH/Alkalinity                    1,463              -          1                      41%
                           Source:    RIDEM. 1992. The State Of the State's Wate rs - Rhode Island: A Report to Congress.
                                      Providence, RL RIDEM, Division of Water Resources. August.
                                      EPA. 1994. National Water Quality Inventonj: 1992 Report to Congress. Washington,
                                      DC: EPA, Office of Water. March


                                 Table 6.9 Impaired Lake Acres Affected by Sources of Pollution


                         Sources                               Major     Mod/Min Total Lake Acres           % of Impaired

                         Point Sources
                            Municipal                                          233           2,33                  7%

                         Nonpoint Sources
                            Agriculture                                        562           562                  16%
                            ISDS                                  -            532           532                  15%
                            Storm sewers/Runoff                1,057           296          1,353                 38%
                            Land Development                      -            322           322                   9%
                            Highway Maintenance                   8            2,U           242                   7%
                            Salt Storage                                       42              42                  1%
                            Natural                            1,463           215          1,678                 47%
                            Recreational                          -            133           ill                   4%
                            Atmospheric Deposition             1,463           -            1,463                 41%
                            Land Fills                         117             42            159                   4%,
                            Hazardous Waste                       -            325           325                   9%
                            Land Disposal                         -            47              47                  1%
                            Other                                 L.     1,104              1,104                 31%
                            Unknown                            116             -             116                   3%

                         'Source: RIDEM. 1992. The State of the State's Waters -Rhode hsland: A Report to Congress.
                                     Providence, RI: RIDEM, Division of Water Resources. August.
                                     EPA. 1994. National Water Quality Inventony 1992 Report to Congress. Washington,
                                     DC: EPA, Office of Water. March




                                                                         -6-10-







                  Chapter 6                                                                                          Urban


                               Table 6.10 Sumxnary,@%f Estuary Water Quality in Rhode Island


                                                        Estuaries - Rhode Island             Estuaries - National
                                                        Square Miles      Percentage      Square Miles      Percentage

                      Total Square Miles                       193                              36,890
                      Total Square Miles Assessed              193             100%              27,227          74%
                         % Evaluated                           52              27%               4,861           33%
                         % Monitored                           141             73%               11,265          41%
                      Fully Supporting                         155             81%                  208          56%
                      Threatened                               14                7%                353           12%
                      Partially Supporting                     21              11%               6,132           23%
                      Not Supporting                           17                9%              2,463             9%


                          Source: RIDEM. 1992. The State of the State's Wattirs. -Rhode Island: A Report to Congress.
                                     Providence, Rl: RIDEM, Division of Water Resources. August.
                                     EPA. 1994,14ational Water Quality Inventory: 1992 Report to Congress.
                                     Washington, IDC: EPA, Office of Water. March



                       Table 6.11 Impaired Estuary Square Miles Affected by Causes of Pollution


                      Causes                          Major      Mod/Min Total Estuary Sq. Miles % of Impaired

                      Siltation                                        -                  -
                      Nutrients                                       14                 14                   37%
                      Organic Enrichment                  -            7                  7                   18%
                      Pathogens                          28            4                 32                   84%
                      Metals                              -            7                  7.                  18%
                      Priority Organics
                      Pesticides                          -
                      Suspended Solids                    -
                      pH                                  -
                      Ammonia                             -
                      Oil and Grease
                      Unknown



                       Source: RIDEM. 1992. The State of the State's Watem - Rhode Island: A Report to Congress.
                                 Providence, RI: RIDEM, Division of Water Resources. August.
                                 EPA. 1994. National Water Quality Inventonj: 1992 Report to Congress. Washington, DC:
                                 EPA, Office of Water. March






                   Chapt.er 6                                                              L


                        Table 6.12 Im      paired Estuary F juare Miles Affected by Sourcts of Pollution


                      Sources                          Major     Mod/Min Total Estuary Sq. Miles % of Impaired

                      Point Sources
                        Municipal                                    30                     30                 79%
                        Industrial                         -         16                     16                 42%
                        Combined Sewers                   23           7                    30                 79%


                      Nonpoint Sources
                        Agriculture                                    1                      1                3%
                        Silviculture                       -           -                      -                -
                        Storm sewers/Runoff                7         26                     33                 87%
                        ISDS                               -         10                     10                 26%
                        In Place Contaminants                          7                      7                18%
                        Hydrologic[Habitat Mod             -           -                      -                -
                        Recreational                       3           2                      5                13%
                        Land Disposal                      -           -                      -                -
                        Other                                        27                     27                 71%
                        Unknown                                        -                      -                -



                      Source: RIDEM. 1992. The State of the State's Waters -Rhode Island..A Report to Congress. Providence,
                                RL RIDEM, Division of Water Resources. August.
                                EPA. 1994. National Water Qitality Inventony 1992 Report to Congress. Washington, DC: EPA,
                                Office of Water. March.


                   Regulation of Activities Subject to the Urban Management Measures

                   The principal means of addressing the Urban Management Measures are through
                   compliance with the following::

                              Rhode Island Coastal Resources Management Program (Appendix E)
                              RIDEM, Division.of Groundwater and ISDS's Rules and Regulations
                              (Appendix D)
                              RIDEM, Division of Freshwater Wetlands Rules and Regulations (Appendix B)
                              Rhode Island Comprehensive Planning and Land Use Regulation Act (R.I.G.L.
                              45-22.2) (Appendix A)
                              Rhode Island Zoning Enabling Act of 1991 (R.I.G.L. 45-24) (Appendix A)
                              Land Development and Subdivision Review Enabling Act of 1992 (R.I.G.L. 45-
                              23) (Appendix A)
                              RIDEM, Division of Water Resources, Water Quality Regulations and Water
                              Quality Certification Program (Appendix C)
                              State Guide Plan Element policies (Appendix S)




                                                                   -6-12-






              rhapter


               Essentially, the State Guide Plan (SGP) is mandated by lav.- -is a means for centralizing
               and integrating statewide long range goals and policies. It is not a single document but
               a collection of elements that have been adopted and amended since the 1960s. Under
               certain circumstances the Department of Administration, Division of Planning (DOP)
               has the jurisdiction to review new plans, policies, and proposals for compliance and
               consistency with SGP elements. It is therefore essential that new measures,
               implemented to comply with "g" guidance mandates, are also consistent with the
               recommendations and policies cited in the SGP. The Urban Measures addressed in this
               chapter may generally be considered consistent with the guid*e plan elements although
               no specific SGP recommendations address the level of detail as discussed herein.

               The Rhode Island Nonpoint Source Management Plan, currently being revised by RIDEMI
               will be proposed as an element of the SGP. Once amended as an element of the SGP, a
               community has one year to amend their comprehensive plan to incorporate any revised
               or new element of the SGP (R.I.G.L. 45-22.1-10(F)).

               In most cases, urban measures are subject to the requirements of the Coastal Resources
               Management Council's (CRMC's) Rhode Island Coastal Resources Management Program
               (RICRMP) and/or the RIDEM, Division of Freshwater Wetlands Rules and Regulations
               Governing the Administration and Enforcement of the Freshwater Wetlands Act and the
               RIDEM Division of Water Resources, Water Quality Regulations. Additionally, the
               RIDEM, ISDS Rules and Regulations ensure implementation of the management
               measures for new and existing onsite sewage disposal systems (OSDS). These
               programs, as well as the other aforementioned programs are discussed more fully in
               Chapter 2. It is important to note here that the State regulatory programs (RIDEM &
               CRMC) are the primary mechanisms for implementation of erosion control and
               stormwater requirements for most projects within the state. At the local level,
               municipal ordinances may be important for the few minor projects that may not require
               state review.


               Rhode Island's proposed CNPCP is a networked program. Implementation of
               management measures outside of CRMC's jurisdictional area, but within the 6217
               management area, will be administered by the RIDEM. RIDEM and DOA Division of
               Planning (responsible for overseeing the RI Comprehensive Planning program) are
               partners in the development and implernntation of the RICNPCP, and therefore
               management measures will be implemented as required under the 6217 program.

               Specific conformance with the RI Comprehensive Planning and Land Use Regulation
               Act (R.I.G.L. 45-22.2) and related enabling legislation is cited in most of the urban
               management measures discussed herein. Citations are noted for stipulations of
               compliance with sections of each Act.







                                                       -6-13-






               Chapter 6


               Rhode Island Pollution Discharge Elimination System

               Any discussion of the regulation of runoff in Rhode Island would not be complete
               without mentioning the Rhode Island Pollution Discharge Elimination System (RIPDES)
               Program. As a delegated state by the Environmental Protection Agency, Rhode Island
               is authorized to issue individual and general permits under the RIPDES Program to
               cover discharges of industrial stormwater. The Rhode Island Department of
               Environmental Management (RIDEM), Division of Water Resources has developed two
               separate statewide general permits to cover all stormwater discharges associated with
               industrial activity and construction activities that disturb five or more acres of land.
               The RIDEM has promulgated the RIPDES regulations pursuant to Chapter 46-12,42-
               17.1 and 42-35 of the General Laws of Rhode Island, as amended. The issuance of a
               RIPDES permit does not exempt the applicant from obtaining other state or federal
               permits that may be required. Accordingly, applicants may be subject to requirements
               additional to those contained in a R1PDES permit.






































                                                      -6.14-







                Chapter 6


                New Development



                                                    Nerv Development
                              1) By design or performance:
                                a) After construction has been completed and the site is
                                permanently stabilized, reduce the average annual total
                                suspended solid (TSS) loadings by 80%. For the purposes
                                of this measure, an 80% TSS reduction is to be determined
                                on an average annual basis*, or
                                b) Reduce the postclevelopment loadings of TSS so that
                                the average annual TSS loadings are no greater than
                                predevelopment loadings, and @
                              2) To the extent practicable, maintain postdevelopment peak
                                runoff rate and average volume at levels that are similar to
                                predevelopment levels.

                              *Based on the average annual TSS loadings from all storms less than or equal to
                              the 2-year/24-hour storm. TSS loadings from storms greater than the 2-year/24-
                              hour storm are not expected to be included in the calculation of the average
                             lannual TSS loadings.


                Applicability

                New development, redevelopment, and new and relocated roads, highways and
                bridges.


                Programs Implementing the Measure

                This management measure is or will be implemented by the:

                       - Rhode Island Coastal Resources Management Program; and,
                       * RIDEM, Division of Freshwater Wetlands Rules and Regulations.
                       - RIDEM, Division of Water Resources, Water Quality Regulations and Water
                         Quality Certification Program
                       * State Acts Related to Land Use and Planning, and the State Guide Plan

                Additionally, this measure may be addressed through Municipal Comprehensive Plans
                and their associated implementation techniques, ordinances, and regulations. The
                measure may also be partially implemented through the Rhode Island Department of
                Transportation, R ules and Regulations Concerning Permission for use of State Ilighway
                Rights-of-Way.



                                                           6.15






                 Chapter 6


                 These prograr- and how they implement or will implement the management measure
                 are described in more detail below.



                 Rhode Island Coastal Resources Management Program

                 This management measure will be implemented by the Rhode Island Coastal Resources
                 Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance with the permit
                 requirements as specified in the Rhode Island Coastal Resources Management Program
                 (RICRMP). for more information on the nature of the program and the permit process
                 see the discussion contained in Chapter 2.

                 Implementation of the Measures
                 The New Development Management Measure is currently implemented by the CRMC
                 pursuant to Section 300'.6 of the RICRMP (Appendix E). The requirements of this
                 section apply to all small and large projects. Small projects are defined in RICRMP
                 Section 300.6.A.8 as


                        all new development (residential, commercial,'industrial), redevelopment
                        (residential, commercial, and industrial). In addition, activities which are
                        classified as maintenance, and projects which receive a finding of no significant
                        impact (FONSI) are excluded from these requirements."

                 The CRMC has excluded maintenanc      e and FONSI projects from the new development
                 management measure because these activities are very minor in their scope of work.
                 Most maintenance activities are repairs to existing and previously permitted structures.
                 Maintenance includes only those activities that do not significantly alter the permitted
                 design or purpose and the size of the structure. Typical maintenance activities would
                 involve the repairing of previously approved rip-rap revetments or docks and the repair
                 of a failed onsite sewage disposal system.

                 FONSI activities include, but are not limited to, interior renovations, construction of
                 attached decks, dormers, porches, second story additions (no increase in structural
                 footprint), roofing, siding or window and door alterations, installation of detached tool
                 sheds, flag poles, fences along property bounds located landward of the coastal feature
                 and minor landscaping work. Provided activities fit within the scope of the above listed
                 projects, they are eligible for a FONSI permit. Maintenance and FONSI projects pose an
                 insignificant threat to the State's coastal resources, and therefore, common sense dirtates
                 that these activities be excluded from the new development management measure.

                 Large projects are defined in RICRMP Section 300.6.A..7. as:

                        "any one of the following: subdivision of six (6) units or more; any structure
                        serviced by an on-site sewage disposal system serving 2000 gallons or more per
                        day; any activity which results in the creation of one (1) acre or more of parking


                                                           -6-16-







               Chapter 6


                       facilities, roadways, or imperviou@-,,zurfaces; all new roads, highways, and
                       bridges; all improvement projects to roads, highways, and bridges (excluded
                       from these requirements are projects consisting only of pavement resurfacing,
                       minor roadway repairs, or emergency roadway and drainage repairs); any
                       activity which is subject to the RIPIDES general permit requirements for
                       construction activities or industrial activities; any activity subject to Section 300.8;
                       any activity subject to Section 300-13; and any activity subject to Section 320."

               This management measure is currently implemented by the CRMC through the
               following:

                       1. Requirements contained in RICRMP Section 300.6

               Section 300.6 of the RICRMP contains the Council's principle stormwater management
               requirements. Some of the key requirements include:

                       "4. It is the Council's policy to require the proper management and treatment of
                          stormwater through the preparation and implementation of a stormwater
                          management plan which satisfies the requirements of the RICF1v1P. All
                          activities which meet the definition of a large project must prepare and
                          implement a stormwater management plan which satisfies the requirements
                          of Section 300.6.E.2.. All activities which meet the definition of small project
                          must satisfy the stormwater management standards contained in Section
                          300-6.E.3 (RICRMP Section 300.6-B-4)."

                       "6. After construction has been completed and the site has been permanently
                          stabilized, the average annual total suspended solid loadings (TSS) shall be
                          reduced by 80 percent. In addition, to the maximum extent practicable, the
                          post development peak runoff rate and the average volume from 2-year,
                          25-year, and 100-year storm events shall be maintained at pre-development
                          levels unless: i) the applicant has obtained local or state approval which
                          certifies that the existing storm drain system has the capacity to accommodate
                          the additional stormwater runoff; or ii) the stormwater runoff is conveyed,
                          preferably without hardened channels, non-erosive to tidal waters (RICRMP
                          Section 300.6-B.7)."

                          It is important to note here that all projects must meet the 80 percent TSS
                          removal standard even if a variance may be granted for peak discharge rates
                          exceeding pre-development conditions, provided all variaince criteria are met
                          in accordance with Section 120 of the RICRMP. In particular, the applicant
                          must demonstrate that the "proposed alteration will not result in significnat
                          adverse environmental impacts".

                       7. All stormwater management plans required by the Council should clearly
                          describe the Best Management Practices (BMP) as found in the most recent


                                                          -6-17-






                 Chapter 6


                           vers, ion of the Rhode Island's Sto?7nzvater Design and k-stallation Standards
                           Manual that will be used to treat and mitigate adverse environmental impacts
                           associated with stormwater runoff. In addition, all stormwater management
                           plans shall take into consideration all potential impacts associated with the
                           discharge of stormwater runoff into the coastal environment. Potential
                           impacts include, but are not limited to, the following: (i) impacts to coastal
                           wetlands such as changes in species composition due to the introduction of
                           freshwater to high marsh areas; (ii) changes in the salinity of receiving waters;
                           (iii) thermal impacts to receiving waters; (iv) effects of introducing
                           stormwater runoff to receiving waters that has low dissolved oxygen
                           concentrations; and (v) other potential water quality impacts (RICRMP
                           Section 300.6.B.7)."

                 For mo re detailed standards, see Section 300.6.E '.2 which contains the specific standards
                 that apply to large -projects and Section 300.6.E.3 which contains the standards that
                 apply to small projects. It is also important to note that the stormwater management
                 plan must be approved prior to the issuance of the Council's Assent, and following
                 approval of the project, becomes a stipulation of the Assent. Major stipulations of
                 Council Assents are registered on title in the land evidence records. Additional
                 stipulations and requirements other than those specifically mentioned in the regulations
                 (i.e., maintenance requirements for a specific project) may also be included in the
                 Assent.


                        2. Rhode Island Storinwater Design and Installation Standards Manual

                 The Rhode Island Stormwater Design and Installation Standards Manual (Appendix K),
                 which has been incorporated into the CRMC's RICRMP requirements by reference
                 (Section 300.6.E), contains more detailed descriptions of the Council's standards and
                 requirements for stormwater treatment. The document is intended to guide applicants
                 in designing projects consistent with the.Council's regulations. This manual should be
                 viewed as supplemental requirements which must be incorporated, as needed, into all
                 stormwater management plans.

                 With reference to this management measure, the Manual specifically states,

                        "The CRMC and DEM have established a minimum 80 percent removal rate,
                        over an average annual basis, for total suspended solids (TSS) contained in
                        stormwater runoff. This removal rate is based on criteria established by Section
                        6217(g) of the Coastal Zone Management Reauthorization Amendments of 1990
                        which mandates that the State of Rhode Island adopt and implement this
                        minimum standard for reducing non-point source pollution within the coastal
                        zone." (Rhode Island Stormwater Design and Installation Standards Manual, 6)

                        3. Other RICRMP requirements related to stormwater




                                                           -6-18-






              '7hapter 6


              Other RICRMP requirements which address stormwater management are policies L-. 1
              prohibitions governing water types (Section 200) and coastal features (Section 210).
              Examples include:

                      ï¿½ Point source discharges of sewage and/or stormwater runoff are prohibited on
                       unconsolidated coastal banks and bluffs (RICRMP Section 300.6-D.1).

                      ï¿½ New and enlarged stormwater discharges to the high salt marsh environment
                       bordering Type 1 and Type 2 waters and within salt marshes designated for
                       preservation which border Type 3,4,5, and 6 waters are prohibited. Stormwater
                       discharges to existing well flushed tidal channels within high marshes shall not
                       be subject to this prohibition. However, all such discharges shall meet the
                       standards contained in Section 300.6.E.2 (RICRMP Section 300.6.D.2).

                      ï¿½ Matrices Contained in RICRMP Table 1, as they pertain to point discharges

                      ï¿½ Section 200.1.C.4 prohibits new or enlarged discharges to Type 1 waters unless
                       there is no reasonable alternative and the discharge will not significantly
                       impact receiving waters.

                      ï¿½ Section 200.2.C.5 is prohibits new and enlarged discharges to poorly flushed
                       estuaries classified as Type 2 except when there is no reaso nable alternative
                       and the discharge will not significantly impact receiving waters.

                      ï¿½ CRMC's buffer zone policies and standards contained in Section 150 require
                       that riparian areas remain in an undisturbed state so that they can function, in
                       part, as vegetative treatment systems for stormwater runoff.

              These supplemental requirements help ensure that the measure is implemented and are
              best viewed as additional management measures.

              Managetnent Meastire Oversight
              Oversight with respect to this program lies with the Rhode Island Coastal Resources
              Management Council (CRMC) which monitors and enforces the policies and
              requirements as specified in the Rhode Island Coastal Resources Management Program
              (RICRMP). These issues are described in more detail below.

              Enforcement
              The CRMC has broad enforcement authority. The stipulations of a CRMC Assent are
              registered on title. The Council issues cease and desist orders when violations are
              detected. Cease and Desist orders are registered on title as deed restrictions. This is a
              very effective mechanism for ensuring long term enforcement of the program since it
              typically prevents title transfers and refinancing. The CRMC also has the authority to
              assess both administrative fees and fines. In addition, violators can be subject to
              criminal prosecution pursuant to R.I.G.L. 46-23-7.3. The CRMC will enforce the


                                                        -6.19-







                 Chapter 6                                                                        Urban


                 measure's implementation @(r;ing its existing enforcement and permit staff. Each
                 permitting team (engineer and biologist) has distinct towns where he/she is responsible
                 for reviewing applications. Accordingly, they perform routine field inspections and do
                 enforcement while they perform site visits in conjunction with other applications. The
                 enforcement staff both patrols and responds to reported violations. In addition to on-
                 land enforcement activities, the CRMC also has boats which it uses to patrol areas on
                 the water. In addition, RIDEM Conservation Officers often report violations as do local
                 officials, the general public, and environmental groups such as Save-the-Bay.

                 Monitoring
                 The CRMC will monitor implementation of the management measures when it
                 monitors the implementation of the CRMC Assent. The CRMC's permit staff routinely
                 conduct field checks while a project is being constructed to ensure that the applicant
                 adheres to all stipulations of the Assent. In addition, all major stipulations of the Assent
                 are registered in the land evidence record and transfer with title.

                 It is possible that monitoring of a specific project could be included as a stipulation of a
                 Council Assent. At this time, there is no additional water quality monitoring being
                 proposed.

                 Financial Needs
                 Implementation of this measure creates two financial needs. First, the new stormwater
                 requirements adopted by the Council in 1993 which were intended to implement this
                 management measure have slightly increased the review time associated with some
                 projects. This in turn translates into increased staff costs which requires additional
                 financial resources. Second, effective enforcement of this measurerequires the
                 availability of additional enforcement staff. The CRMC currently has only two
                 enforcement staff - While the Council's recent Section 312 Evaluation Findings identified
                 some significant improvements in enforcement, it also identified the addition of more
                 dedicated enforcement personnel as a priority when the financial resources become
                 available (OCRM 1993,12). Accordingly, the CRMC will need some additional financial
                 resources pursuant to Section 6217 to enforce the Urban measures more effectively.

                 At this time, the RIDEM does not have adequate financial resources to expand their
                 Section 305 (b) monitoring program. Accordingly, any additional water quality
                 monitoring related to Section 6217 will have to be financed with a commensurate level
                 of financial resources.


                 Technical Needs
                 The state already has an excellent Soil Erosion and Sediment Control Manual
                 (Appendix L) and recently adopted the Rliode Island Stormwater Design and Installation
                 Standards Manual (Appendix K). Based on the results of the threshold review, it is
                 possible that minor changes or additions to these manuals may be needed. It is also
                 possible that additional periodic staff training to update on new and improved



                                                          -6.20-






                Chapter 6                                                                        ME off Fri Mm


                stormwater mana:,nment and erosion and sediment control techniques would also be of
                benefit.

                -Overall Program Effectiveness

                The CRMC's implementation of its federal program has been successful. The findings
                of the most recent Section 312 Evaluation concluded that the CRMC was implementing
                all of the provisions of its federally approved program (OCRM, 1993) including the State
                Guide Plan policies. It also noted a wide range of improvements that have been made
                including its improved enforcement capabilities. In addition, the CRMC has adopted
                some innovative programs to ensure compliance with its regulations such as the
                Council's dock registration program.

                There is little evidence to suggest that any significant unauthorized construction has
                gone undetected since 1986-1987, when the Council hired on its own technical staff. The
                CRMC's existing regulatory requirements and enforcement authorities are more than
                adequate to ensure the measure's effective implementation within the CRMC's
                jurisdiction. The addition of financial resources to address the technical and financial
                needs associated with this measure would further enhance the effectiveness of the
                measure's implementation.


                RIDEM Division of Freshwater Wetlands Rules and Regulations

                This management measure will also be implemented by the Rhode Island Department
                of Environmental Management (RIDEM), Division of Freshwater Wetlands pursuant to
                R.I.G.L. 2-1 et. seq., 42-17.1-1 et. seq., 42-17.6-1 et. seq., and 42-35-1 et. seq. (Appendix A)
                in accordance with the requirements specified in the Rules and Regulations Governing the
                Administration and Enforcement of the Freshwater Wetlands Act (Appendix' B). The
                Freshwater Wetlands Regulations are promulgated to administer and enforce the Fresh
                Water Wetlands Act (R.I.G.L. 2-1-18 - 2-1-24) pursuant to Section 2-1-20.1 of the Act. For
                more information on the nature of that program and its permit process and
                requirements, see the discussion contained in Chapter 2, and the discussions addressing
                the Wetlands Management Measures.
                Implementation of the-Measure
                The New Development Management Measure is currently implemented by the RIDEM,
                Division of Freshwater Wetlands pursuant to the Fresh Water Wetlands Act (R.I.G.L. 2-
                1-18 - 2-1-24) and the Rules and Regulations Governing the Administration and Enforcement
                of the Freshwater Wetlands Act (Appendix B). The Division of Freshwater Wetlands
                regulates all projects that may alter the character of freshwater wetlands, as well as, any
                project in close proximity to a freshwater wetland if it:

                       I. Changes the flow of surface runoff into or away from a freshwater wetland.
                       2. Diverts groundwater into or away from a freshwater wetland.


                                                             -6.21-






                 Chapter 6                                                                     -Ills


                        3. Modifies water quality in a way that could change the nawr.4 character of a
                          freshwater wetland.

                 The Rules and Regulations Governing the Administration and Enforcement of the Freshwater
                 Wetlands Act (effective April 7,1994) apply statewide to any activities that could alter
                 the character of a freshwater wetland (R.I.G.L. 2-1-21 and SD 4.03). Freshwater
                 Wetlands include, but are not limited to, swamps, marshes, bogs, streams, flood plains,
                 ponds, emergent and submergent plant communities in any fresh water, and the area of
                 land within 50 feet of.any marsh, bog, swamp or pond (R.I.G.L. 2-1-20(d)).

                        1. Requirements contained in the Fresh Water Wetlands Act (R.I.G.L. 2-1-19)

                 The Fresh Water Wetlands Act establishes the statutory authority for the enforcement of
                 Rhode Island's freshwater wetland policies. The Act declares that in the interest of the
                 health 'welfare and general well being of the populace, it shall be the public policy of
                 Rhode Island to "preserve the purity and integrity of the swamps, marshes and other
                 freshwater wetlands of this state" (R.I.G.L. 2-1-19). The Act authorizes the Director of
                 the RIDEM to:


                        1. Adopt, modify, repeal or promulgate rules and regulations in accordance with
                          the Fresh Water Wetlands Act (R.I.G.L. 2-1-20.1).
                        2. Designate which areas of Rhode Island are to be known as freshwater wetlands
                          (R.I.G.L. 2-1-20.2).
                        3. Inspect by entering, examining or surveying places as considered necessary to
                          enforce the Act without warrant; any person willfully impeding such action
                          shall upon conviction be liable for a fine of up to $100 or 30 days imprisonment
                          or both (R.I.G.L. 2-1-20.3).

                 The Act is implemented through a permit process. Section 2-1-21 requires that any
                 alteration to a freshwater wetland receive prior approval from the Director of the Rhode
                 Island Department of Environmental Management.

                        No person, firm, industry, company, corporation, city, town, municipal or state
                        agency, fire district, club, nonprofit agency, or other individual or group, may
                        excavate; drain; fill; place trash, garbage, sewage, highway runoff, drainage ditch
                        effluents, earth, rock, borrow., gravel, sand clay, peat, or other materials or
                        effluents upon; divert water flows into or out of; dike; dam; divert; change; add
                        to or take from or otherwise alter the character of any fresh water wetland as
                        herein defined without first obtaining the approval of the director of the
                        department of environmental management.

                        2. Rules and Regulations Governing the Enforcement and Administration of the
                          Freshwater Wetlands Act






                                                          -6-22-







               Cliapter 6                                                                          Mr In


               UpL 'ding the Freshwater Wetlands Act, the Rhode Island Department of
               Environmental Management, Division of Freshwater Wetlands has promulgated the
               Rules and Regulations Governing the Enforcement and Administration of the Freshwater
               Wetlands Act, which establish a permit process and designate, by definition, all
               freshwater wetlands in Rhode Island. This process complies fully with the.management'
               measure.. The Regulations define freshwater wetlands as:

                      A. Bog, flood plain, pond, marsh, river bank, swamp, river, area of land within
                        fifty feet (50), area(s) subject to flooding, area(s) subject to storm flowage,
                        floodway, flowing body of water, stream, intermittent stream, perimeter
                        wetland, submergent and emergent plant communities, special aquatic sites,
                        and shrub and forested wetland;
                      B. Those areas that are inundated or saturated by surface or groundwater at a
                        frequency and duration sufficient to support, and that under normal
                        circumstances do support, a prevalence of vegetation typically adapted for life
                        in saturated soil conditions; and
                      C. Any or all wetlands created as part of, or the result of, any activity permitted
                        or directed by the Department after July 16,1971 including, but not limited to:
                        restored wetlands; value replacement wetlands created to compensate for
                        wetland loss such as flood plain excavations; biofiltration areas; and any
                        wetlands created, altered or modified after July 16,1971. (SD 5.39)
                      The Director has sole authority to determine which areas are freshwater
                      wetlands. (SD 5.39)

               The Regulations also establish a permit process that includes enforceable policies and
               prevents significant impacts to all Rhode Island freshwater wetlands. The process
               requires that any project or activity that may alter freshwater wetlands receive a permit
               from the Director of the Rhode Island Department of Environmental Management (SD
               7.01-A). Any project outside of, but in close proximity to, a freshwater wetland also
               requires a permit (SD 7.01-B), if it:

                      1. Changes the flow of surface runoff into or away from a freshwater wetland.
                      2. Diverts groundwater into or away from a freshwater wetland.
                      3. Modifies water quality in a way that could change the natural character of a
                        freshwater wetland.

               In accordance with Section 2-1-21 of the Fresh Water Wetlands Act, a permit will be
               denied if the proposed project would result in a random, unnecessary or undesirable
               alteration of a freshwater wetland. To determine if a proposed alteration is random,
               unnecessary or undesirable the Director considers:

                      1. Whether the applicant has demonstrated that the impacts to freshwater
                        wetlands have been avoided to the maximum extent possible, and whether
                        those impacts which are unavoidable have been reduced to the maximum
                        extent possible in accordance with the review criteria (SD 11.02).


                                                         -6-23-






               Chapter 6


                      2..Whether the apF"',:ant has demonstrated that the proposed project eliminates
                        or minimizes probable impacts to freshwater wetlands functions and values,
                        and the environment, health, welfare and general well-being of the populace.
                      3. Whether the proposed project will contribute to adverse cumulative impacts
                        on wetlands.

               To demonstrate this to the Director, applicants must make,a written evaluation that
               describes what steps were taken to avoid or minimize impacts. When an applicant is
               writing a report that describes how impacts are to be avoided the applicant must
               address the considerations listed in Appendix 3A of the Freshwater Wetlands
               Regulations.

               When an applicant is writing a report that describes how impacts are to be minimized
               the applicant must address the considerations listed in Appendix 3B. When reviewing
               the project plan for minimization of impacts, the Director evaluates it in terms of the 26
               review criteria as indicated in Rule 11 .00 of the Freshwater Wetlands Regulations.
               These include criteria related to the minimization of adverse impacts to plants, wildlife,
               and wildlife habitat; recreational, scientific and cultural resources; hydrology, flood
               storage and water quality; and nonpoint source abatement functions like pollution
               filtering and nutrient removal capacity. The Freshwater Wetlands Regulation's review
               criteria also include the minimization of adverse impacts, such as nonpoint source
               impacts, caused:-

                      By modifying or changing: water elevations, temperature regimes, volumes,
                      velocity of flow regimes of water; increasing turbidity; decreasing oxygen;
                      causing any form of pollution; or modifying the amount of flow nutrients so as to
                      negatively impact a wetland functions or values (SD 11-02(12)).

               Moreover, projects must avoid or minimize adverse impacts.to the functions and values
               of freshwater wetlands (SD 10.02(A)). Rule 10.00 explains how wetland functions and
               values are to be determined. These functions and values include:


                      1. Wildlife and wildlife habitat.
                      2. Recreation and aesthetics.
                      3. Flood protection.
                      4. Groundwater and surface water supplies.
                      5. Water quality.
                      6. Soil erosion and sediment control.

               Of particular importance for this management measure, the Freshwater Wetlands
               Regulations delineate water quality as a "function and value" which must be evaluated.
               As defined in the Freshwater Wetlands Regulations, water quality functions and values
               include protection and/or maintenance of:




                                                        -6.24-







                Chapter 6


                       Important water q@ I -% lity functions and v  ues by nutrient retention or removal;
                       pollution filtration; sediment removal; oxygen production; turbidity reduction;
                       maintenance or modification of stream flow; temperature and oxygen regimes in
                       both flowing and surface water bodies, and providing and maintaining safe
                       drinking water supplies. (SD 10.02(B)(5))

                Applicants are required to submit a written evaluation of wetland functions, values and
                impacts associated with the proposed project. Rule 10-03.B lists the various required
                elements for the written evaluation. Included among these, applicants must submit a
                water quality analysis that "calculates the quantities of pollutants in stormwater runoff
                for both pre- and post-project conditions by utilizing the most recent edition of Rhode
                Island's Stormwater Design and Installation Standards Manual. or by another widely
                accepted method" (SD 10.03-G.3(a)). Alternative methods are subject to the Director's
                approval. The Manual specifically states:

                       "The CRMC and DEM have established a minimum 80 percent removal rate,
                       over an average annual basis, for total suspended solids (TSS) contained in
                       stormwate r runoff. This removal rate is based on criteria established by Section
                       6217(g) of the Coastal Zone Management Reauthorization Amendments of 1990
                       which mandates that the State of Rhode Island adopt and implement this
                       minimum standard for reducing non-point source pollution within the coastal
                       zone." (Rhode Island Stormzvater Design and Installation Standards Manual, p. 6)

                Rule 10.03 also references Appendix 6 as identifying the content of each required
                element of the written evaluation. Appendix 6, Section E describes the required element
                "Proposed Measures to Reduce Impact", recommending practices as required by this
                management measure:

                       Identify and describe the proposed measures       I, structural and/or non-structural
                       methods, or best management practices that will be implemented to reduce or
                       eliminate harm to wetland functions and values and detail why and how such
                       measures will protect wetland functions and values. Such measures, methods, or
                       best management practices include, but are not limited to:
                       1. Designing dense plantings of shrubs and trees between development and
                          remaining natural areas to "buffer" impacts from loss of wildlife habitat and
                          natural areas and to reduce the effects of noise, lighting and other disturbances
                          upon wildlife and remaining natural areas;
                       2. Preserving natural areas in and around wetlands;
                       3. Minimiz  ing the extent of disturbed areas and encouraging the preservation of
                          land in its natural state;
                       4. Ensuring the maintenance of fish and other wildlife passage;
                       5. designing structures and alterations outside of flood plain, floodway, areas
                          subject to flooding, flowing bodies of water or other freshwater wetlands;
                       6. Using best management practices for the stabilization of disturbed areas and
                          the selection, use, and maintenance of temporary and/or permanent soil


                                                              6.25-







               Chapter 6


                        erosion and sediment controls in accot ..'.ance with or equivalent to the latest
                        version of the Rhode Island Soil Erosion and SedimentPontrol Handbook,
                      7. Using best management practice selection design criteria in accordance with or
                        equivalent to the Rhode Island Stormwater Design and Installation Manual to
                        maximize the control, treatment and maintenance of stormwater flows;
                      8. Minimizing impervious surface areas such as roads, parking, paving or other
                        surfaces;
                      9. Incorporating compensatory flood storage area(s) where necessary, and 'in
                        compliance with these Rules;
                     10. Encouraging infiltration of non-contaminated run-off;
                     11. Preventing channelization or piping of run-off and encouraging sheet flow;
                     12. Landscaping with low slopes to maximize sheet flow and infiltration while
                        minimizing channelization;
                     13. Incorporating structural methods such,as detention basins, wet basins,
                        infiltration basins and trenches, dry wells, galleys, vegetated swales and
                        vegetated filter strips;
                     14. Minimizing or eliminating the use of, or any increase of, any pollutant,
                        fertilizers, pesticides, herbicides, or any other'chemical or organic application
                        which increases pollutant and nutrient loadings;
                     15. Maximizing setbacks of septic systems and other land disturbances from
                        wetlands; and
                     16. Minimizing the withdrawal of water from.wetlands and minimizing any
                        reduction in river or stream flow.



               Management Measure Oz@ersiglit
               Oversight of this regulatory program is the responsibility of the RIDEM, Division of
               Freshwater Wetlands.


               Enforcement
               This management measure requires enforcement of policy. to ensure compliance with
               the Fresh Water Wetlands Act and the Freshwater Wetlands Regulations, the Rhode
               Island Department of Environmental Management's Director has the power to
               undertake enforcement actions, which may include a(n):

                      1. Warning (SD 15.02).
                      2. Immediate Compliance Order (SD 15.03).
                      3. Cease and Desist Order (SD 15-04).
                      4. Notice of Intent to Enforce (SD 15-05).
                      5. Notice of Violation and Order (SD 15.06)
                      6. Notice to Owner (SD 15-07).
                      7. Notice of Intent to Revoke/Suspend a determination or permit (SD 15.08).
                      8. Notice of Revocation /Suspension of a determination or permit (SD 15-09).




                                                       -6-26-







               Chapter 6


               Rule 15.1" describes the purpose and proper issuance of a Warning. F:-ction A states
               that the purpose of a Warning is to inform the responsible party of the presence of a
               regulated freshwater wetland and that the past or ongoing site activities may or have
               resulted in a violation.

               Rule 15-04 describes Cease and Desist Orders. The purpose of such an order is to halt
               the activity resulting in the violation and prevent further damage to the wetland
               environment (SD 15.04.C). A Cease and Desist Order is issued when a site inspection by
               an authorized agent of the Department reveals a violation. The Director or authorized
               agent may write an order to the responsible party to cease and desist any activities
               resulting in the violation (SD 15-04.A).

               Rule 15.05 describes the Notice of Intent to enforce. Such a notice notifies the
               responsible party of the alleged violation; indicates the type of alteration, the activity
               undertaken and the extent of the activity; and advises the responsible party of the intent
               to undertake additional enforcement if the party should fail to satisfy the requirements
               of the notice. The Notice of Intent to Enforce also inform s the responsible party of
               activities which must cease and of any corrective action or restoration that is necessary
               for compliance (SD 15.05.A).

               The Notice of Violation and Order also informs the responsible party of an alleged
               violation and the intent of the Department to undertake further enforcement action if
               the activity in violation continues (SD 15-06.A.1-2). Under the Notice of Violation and
               Order the Director may issue specific orders as determined to be necessary (SD
               15-06.A.3). These include but are not limited to:

                      1. An order to cease and desist.
                      2. An order to restore a freshwater wetland(s).
                      3. An order to pay an administrative penalty.
                      4. An order to immediately install protective measures to prevent further
                        alteration.

               Rule 15.07 discusses the Notice to Owner. The purpose of this enforcement action is to
               notify the current property owner that an alleged violation has occurred on the property
               and that the Department believes that others are responsible for the violation (SD
               15-07.A-B)>

               Rule 15-08 describes the Notice of Intent to Revoke/Suspend a determination or permit.
               This notice informs the permittee or subsequent transferee that the Department intends
               to revoke or suspend a permit or determination. This is done to afford the recipient an
               opportunity to show cause as to why a revocation or suspension should not take place
               (SD 15-08.A).

               As described in Rule 15.09, the Director may revoke or suspend a permit or
               determination under three conditions. These conditions are:



                                                         -6.27-






                 @7hapter 6



                        1. The information or data submitted by the applicant or permittee either on the
                           form(s) required or in any other material in support of the application is found
                           to be false, misleading or erroneous. (SD 15.09.A.1)
                        2. The project is not undertaken in strict compliance with the conditions or
                           provisions of any determination or permit issued by the Department. (SD
                           15.09.A.2)
                        3. The Department is in receipt of reliable information that the project, without
                           immediate action to suspend or revoke the determination or permit, may
                           result in probable harm to the environment or pose a threat to the health,
                           safety and/or welfare of the public. In such cases, the Department may issue a
                           summary suspension. (SD 15-09.A.3)

                 Monitorin
                 The Department of Environmental Management monitors the implementation of this
                 management measure by monitoring the implementation of its permit requirements.
                 Permits for large projects and projects of particular concern will often contain
                 stipulations such as requirements for monitoring by an independent environmental
                 consultant, and a schedule for field inspections. In addition, the Department has
                 conservation officers who patrol the state for violations of its rules and regulations. The
                 Enforcement Section of the Division of Freshwater Wetlands also investigates all
                 complaints of possible violations.

                 Financial Needs
                 Enforcement of this measure requires the availability of enforcement staff. The Division
                 of Freshwater Wetlands currently has only 7 enforcement staff. Accordingly, the
                 RIDEM may need some additional financial resources to effectively enforce the
                 management measures of the Urban Chapter.

                 Technical Needa
                 The efficiency of enforcement of this management measure could be improved through
                 the application of geographic information systems in the Freshwater Wetlands P      rogram.
                 The Program would also benefit from prom-wide computerization.

                 Overall Program Effectiveness
                 The original Rules and Regulations Governing the Administration and Enforcement of the
                 Fresinvater Wetlands Act became effective in 1971. The most recent amendments to the
                 Rules and Regulations became effective as of April 7,1994.

                 The Freshwater Wetlands Program is fully implemented as defined in the Rules and
                 Regulations Governing the Administration and Enforcement of the Freshivater Wetlands Act
                 (SD 1.00-19-00).






                                                           -6.28-







               Chapter 6                                                                               1.


               RI!7FM, Division of Water Resources, Water Qu.-'l;ty Regulations and Water Quality
               Certification Program

               This management measure will also be implemented by the Rhode Island Department
               of Environmental Management's (RIDEM), Division of Water Resources pursuant to
               R.I.G. L. 46-12, 42-17.1, 42-17.6 and 42-35, in accordance with the Rhode Island Water
               Quality Regulations for Water Pollution Control. The Rhode Island Water Quality
               Certification Program evaluates propo   Ised projects to determine compliance with Rhode
               Island's water quality standards implemented under the Federal Clean Water Act.

               Implementation of the Measure
               Proposed projects requiring federal permits or licenses which may result in the
               discharge of pollutants to waters of the State must obtain water quality certification
               prior to issuance of the federal permit or license. In addition, proposed projects
               requiring state approvals are afforded review and certification initiated by the state
               agency issuing the approval. Water quality certification review assesses all aspects of
               the proposed project and their impacts to water quality. Certification of the project is
               granted when a determination has been made that under conditions specified in the
               certification the project is in compliance with the Rhode Island Water Quality
               Regulation for Water Pollution Control specifically:

                      -Discharges shall not violate water quality standards
                      -Discharges shall not further degrade low quality waters
                      -Discharges shall not degrade high quality waters
                      -Any existing instream water uses being achieved, and the water quality
                       necessary to protect those existing uses shall be maintained and protected.

               The Water Quality Regulations set specific criteria for all surface waters of the state.
               These criteria are numeric and narrative in nature. For example all waters must meet
               the EPA aquatic life criteria, human health criteria as well as state criteria for dissolved
               oxygen, color, turbidity, aesthetics, total and fecal coliform and nutrients. A water
               quality certification review assesses all the potential impacts on water quality in terms
               of these criteria.


               ManagementMeasure Oversight
               Oversight of this program is the responsibility of the permitting agency as well as the
               RIDEM, Division of Water Resources.


               Enforcement
               In accordance with Section 401 of the Clean Water Act, a federal agency cannot issue a
               final license or permit prior to the applicant receiving a state water quality certification.
               Any conditions contained in a water quality certification must become part of the
               federal permit or license. Violation of those conditions can be enforced by the federal
               permitting agency or by the State pursuant to R.I.G.L. 42-17.1, 42-17.6 and 46-12. Fines
               may be levied by the federal agency in accordance with their statutory ability and by


                                                         -6.29-






                 Chapter 6


                 the RIDEM Division of Wnter Resources in accordance with R.I.G.L. 46-1, of up to
                 $25,000 per day. State agencies have the ability to require water quality certification as a
                 condition of permit issuance. Conditions of a water quality certification incorporated
                 into the issuing agency permit is enforceable by the issuing agency and the RIDEM
                 Division of Water Resources pursuant to R.I.G.L. 42-17.1, 42-17.6 and 46-12. Fines may
                 be levied by the State permitting agency in accordance with their statutory authori  'ty
                 and by the RIDEM Division of Water Resources in accordance with R.I.G.L. 46-12 of up
                 to $25,000 per day.

                 Monitoring
                 Monitoring of conditions of the water quality certification can be conducted by the
                 permitting agency or by RIDEM, Division of Water Resources during construction
                 and/or after construction to assure implementation of the management measure.

                 Financial Needs
                 Implementation and enforcement of this management measure may require additional
                 staff. Accordingly, the RIDEM may need additional financial resources to implement
                 this measure.


                 Technical Needs
                 The RIDEM, Division of Water Resources may require additional technical needs in the
                 development of addition materials to aid in decision making in terms of impacts to
                 existing uses.

                 Overall Program Effectiveness
                 Rhode Island had a water quality program prior to delegation by USEPA of
                 implementation of the provision of the Clean Water Act in 1984. The Rhode Island
                 Water Quality Regulations were most recently updated in 1988. As required per Section
                 303 of the Clean Water Act, the regulations are currently being updated. The proposed
                 changes allow for more efficient implementation of the management measure.


                 State Acts Related to Land Use and Planning, and the State. Guide Plan

                 Portions of the Rhode Island's proposed CNPCP will rely on the Rhode Island
                 Comprehensive Planning and Land Use Regulation Act (R.I.G.L. 45-22-2), the Rhode
                 Island Zoning Enabling Act of 1991 (R.I.G.L. 45-24), the Land Development and
                 Subdivision Review Enabling Act of 1992 (R.I.G.L. 45-23), and the State Guide Plan
                 (R.I.G.L. 42-11).. The three planning Ac'ts provide for a unified and consistent mandated.
                 approach to management of land and water resources. For a more detailed discussion
                 of these statutes, their interrelationship, and their implementation, see Chapter 2.

                 Iinplementation of the Measitre

                        1. The Rhode Island Comprehensive Planning and Land Use Regulation Act


                                                           -6-30-






               17hapter 6



               The Rhode Island Comprehensive Planning and Land Use Regulation Act (Appendix A)
               of 1988 establishes a set of criteria and requirements governing the formulation,
               adoption and state acceptance of local comprehensive plans. In general, the Act:

                    9 requires local comprehensive plans to be adopted, conforming to the prov   isions
                      of the Act within a prescribed time frame;
                    * establishes legislative findings, intent and goals as a basis for the Act;
                    9 provides definitions for clarity;
                    * provides guidelines for the formulation of local comprehensive plans;
                    0 Specifies nine elements required to be-addressed in comprehensive plans;
                    * contains provisions for the coordination of planning activities between two or
                      more communities;
                    - outlines the procedure for the adoption of comprehensive plans and related
                      zoning ordinance amendments;
                    * outlines the procedure for state review of comprehensive plans;
                    * provides a time frame for plan development, review and adoption, including
                      related zoning ordinance changes;
                    0 provides an appeals process;
                    * requires that all local comprehensive plans be consistent With all applicable
                      elements of the State Guide Plan and embody the goals and policies of state
                      agencies;
                    * requires that state agencies incorporate the goals of the Act into their activities,
                      and that their plans and activities be consistent with adopted local plans;
                    * establishes a program for technical and.financial assistance, including grants to
                      cities and towns;
                    * provides for the update and amendment of the Act; and,
                    * provides that the Director prepare and the State Comprehensive Plan Appeals
                      Board adopt a comprehensive plan for any city or town that fails to adopt and
                      submit a plan or whose plan is disapproved by the Director and that decision is
                      affirmed by the Board.

               The Act assigns responsibility for comprehensive plan formulation to the local Planning
               Board /Commission and contains specific requirements for public participation in plan
               development and public hearings prior to plan adoption. Plans must be adopted first by
               the Planning Board /Commission and then by the City/Town Council. Once the
               City/Town Council has adopted the local comprehensive plan, the Council must
               submit the adopted plan to the Department of Administration, Division of Planning for
               review. The Department Director must approve the plan. Within eighteen months of
               state acceptance of the local comprehensive plan, the local zoning ordinance must be
               amended to comply with the plan. Plans must be updated every five years. They may
               not be amended more than four times in one calendar year. Whenever- the Act or the
               State Guide Plan is amended, local plans must be made to conform within one year.




                                                        -6-31-






                 Ch.a.pter 6


                 Plan Review
                 In order to ensure consistency of local comprehensive plans (and state plans) with the
                 goals, findings and intent of the Act, a program of comprehensive planning review was
                 established (R.I.G.L. 45-22.2-9). The Act designates the Director of the Department of
                 Administration as the responsible official for carrying out its provisions and as the state
                 agent for review

                 The Act requires that all comprehensive plans, elements of plans or amendments to
                 plans be submitted to the Director within 15 days of their adoption by the City/Town
                 Council. The Director reviews the submission to ensure procedural requirements are
                 met (45-22.2-9(D)) and make findings that:

                   a. the goals of the Act have been met;
                   b. all required elements of the Plan are complete;
                   c. all plans, elements and amendments are consistent with all elements, as applicable,
                      of the State Guide Plan and embody the goals and policies of the state and its
                      departments and agencies; and,
                   d. the submission complies with all rules and regulations adopted by the State
                      Planning Council pursuant to Section 45-22.2-10(B) of the Act.

                 Required Elements
                 Each local comprehensive plan is required to address, but is not limited to, nine specific
                 elements. (R.I.G.L. 45-22.2-6) Elements relevant to the implementation of the New
                 Development Management Measure are as follows:

                 - Element A - Goals and Policies Statement: In accordance with the Act, this statement,
                 "identifies the goals and policies of the municipality for its future growth and
                 development. The statement shall enumerate how the plan is consistent with the
                 overall goals and policies of this chapter, the state guide plan and related elements.

                 * Element B - Land Use Plan Element: "The Land Use     'Plan is the principle element of
                 any local comprehensive plan. As a minimum, the Land Use Plan must consider the
                 allocation of land for residence, business, industry, municipal facilities, public and
                 private recreation, major institutional facilities, mixed uses, open space and natural and
                 fragile areas. Optimum intensities and standards of development must be established
                 for each use classification and location, based upon current development; natural land
                 characteristics; and projected municipal, regional and state services and facilities.
                 Allocations of land use must consider impacts on surface and groundwater resources,
                 wetlands, coastal features, and other sensitive and fragile natural resources."
                 (Handbook 16, RIDOP, IV-11) The Land Use Plan element, like all the other required
                 elements, must be consistent with the state guide plan. In addition, the land use plan
                 must contain an analysis of the inconsistencies between the plan and the existing zoning
                 ordinance. The Act requires that municipal zoning ordinances be amended to be
                 consistent with this element within eighteen months of plan adoption.



                                                           -6.32-






               17hapter 6                                                        -A


                  Element E - 'Tatural and Cultural Resources Element. Municipalities are required to
               inventory significant natural resource areas including, water, soils, prime agricultural
               lands, natural vegetation systems, wildlife, wetlands, aquifers, coastal features, flood
               plains and other natural resources and the policies for the protection and management
               of such areas. The policies and implementation techniques must be identified in the
               implementation program element.

                  Element I - Implementation Program: The implementation program element of a
               comprehensive plans must include:
                    1. a statement which defines and schedules for a period of 5 years or more the
                       specific public actions to be undertaken in order to achieve the goals and
                       objectives of each element of the comprehensive plan.
                    2. an identification of public actions necessary to implement the objectives and
                       standards of each element of the comprehensive plan that require the adoption or
                       amendment of codes and ordinances.
                    3. an identification of other public authorities or agencies owning water supply
                       facilities or providing water supply services to the municipality. Municipalities
                       must coordinate the goals and objectives of the comprehensive plan with the
                       actions of such public aui thorities or agencies with regard to the protection of
                       watersheds as provided in section 46-15.3-1, et seq. (Public Drinking Water
                       Protection Act of 1987).
                    4. a schedule for municipal actions required to amend the zoning ordinance and
                       map to conform to the comprehensive plan.

               It should be noted that Comprehensive Plans are currently reviewed by RIDEM for
               consistency with Rhode Island's Nonpoint Source Management Plan. In cases where a
               Comprehensive Plan is found to be inconsistent with the Nonpoint Source Management
               Plan, the RIDEM and the town/city will enter into discussions to resolve those
               inconsistencies.



                       2. Rhode Island Zoning Enabling Act of 1991

               The Rhode Island Zoning Enabling Act requires all municipalities to amend or adopt
               zoning ordinances to conform with the Zoning Enabling Act of 1991. In addition, the
               Rhode Island Comprehensive Land Use and Regulation Act, requires communities to
               amend local zoning ordinances to comply with their comprehensive plans (R.I.G.L. 45-
               22.2-5.(A)(4)).

               Zoning ordinances must address a series of general provisions. Relevant to the
               implementation of the New Development Management Measure, a zoning ordinance
               must address:


                       (3) Permitting, prohibiting, limiting, and restricting buildings, structures, land
                         uses, and other development by performance standards, or other


                                                          -6.33-






                Cliapter 6


                          requirements, related to a,'.- 3nd water and groX-dwater quality, noise and
                          glare, energy consumption, soil erosion and sedimentation, and/or the
                          availability and capacity of existing and planned public or private services;

                       (4) Regulating within each district and designating requirements for.
                          (h) Appropriate drainage requirements and methods to manage stormwater
                              runof f;

                       (5) Permitting, prohibiting, limiting, and restricting development in flood plains
                          or flood hazard areas and designated significant natural areas;

                       (7) Providing for the protection of existing and planned public drinking water
                          supplies, their tributaries and watersheds, and the protection of Narragansett
                          Bay, its tributaries and watershed;

                       (12) Providing standards for and requiring the provision of adequate and
                          properly designed physical improvements, including plantings, and the
                          proper maintenance of property;

                       (13) Permitting, prohibiting, limiting, and restricting land use in areas where
                          such development is deemed to create a hazard to the public health or safety;
                       (20) Designating special protection areas for water supply and limiting or
                          prohibiting development in these areas, except as otherwise provided by state
                          statute. (R.I.G.L. 45-24-33)

                       3. Land Development and Subd      ivision Review Enabling Act of 1992

                The Land Development and Subdivision Review Enabling Act requires municipalities
                to adopt local regulations and a standard review procedure for local land development
                and subdivision review and approval. Relevant to the New Development Management
                Measure, local regulations are required to address the following purposes:

                       (2) Promoting high quality and appropriate design and construction of land
                          developments and subdivisions;

                       (3) Promoting the protection of the existing natural and built environment and
                          the mitigation of all significant negative impacts of any proposed development
                          on the existing environment;

                       (4) Promoting design of land developments and subdivisions which are well-
                          integrated with the surrounding neighborhoods with regard to natural and
                          built features, and which concentrate development in areas which can best
                          support intensive use by reason of natural characteristics and existing
                          infrastructure;



                                                          -6-34-






               Chapter 6                                                                    N 0 r Fff .7. M1.


                      (5) Encouraging ',)cal design and improvement standards to reflect the intent of
                        the community comprehensive plans with regard to the physical character of
                        the various neighborhoods and districts of the municipality;.

                      (6) Promoting thorough technical review of all proposed land developments and
                        subdivisions by appropriate local officials.

               The Department of Environmental Management is in the process of developing a model
               Stormwater Control Ordinance. It is expected that the model ordinance will be
               incorporated into local subdivision and zoning ordinances in order to implement
               requirements of the Zoning Enabling Act of 1991. Currently in draft form, the model
               ordinance sets, as one of its overall goals, a goal of 80 percent TSS removal. The draft
               model ordinance focuses on nonpoint source pollution prevention through proper site
               planning, source controls, and maintenance plans.

                      4. The Rhode Island State Guide Plan

               A detailed discussion of the State Guide Plan is contained in Chapter 2. The revised
               Rhode Island Nonpoint Source Management Plan will be proposed as an element of the
               State Guide Plan. Once amended as an element of the State Guide Plan, a community has
               one year to amend their comprehensive plan accordingly.

               Management Measure Oversight
               State-level oversight with respect to the Comprehensive Planning and Land Use
               Regulation Act and associated enabling legislation lies with the Rhode Island
               Department of Administration's Division of Planning (RIDOP).

               MonitadnZ
               The RIDOP monitors the development and implementation of municipal
               Comprehensive Land Use Plans. It also coordinates the interagency review and
               comment procedures. Essentially, the RIDOP does not approve a Comprehensive Plan
               until all state agency objections and comments have been addressed. As discussed in
               Chapter 2, Rhode Island's municipalities are in the process of completing their first
               Comprehensive Plans pursuant to R.I.G.L. 45-22.2. The RIDOP will also be actively
               monitoring and reviewing the municipal zoning ordinance changes resulting from the
               approved comprehensive plans.

               There is no planned water quality monitoring program designed to assess the
               effectiveness of this measure. It is envisioned that implementation monies targeted to
               water quality monitoring will be used to enhance the RIDEM's monitoring efforts.

               ELriforcement
               This management measure will be included as a policy in the revised Rhode Island
               Nonpoint Source Management Plan. Incorporation of the revised Rhode Island Nonpoint
               Source Management Plan as an element of the State Guide Plan will ensure that all state


                                                        -6-35-






                Chapter 6


                agencies and devt.-*,-pment projects that must lv@ reviewed for State Guide Plan
                                    * tent with the measure, since these activities must be consistent
                compliance are consis,
                with the State Guide Plan. It also ensures that the activities of local governments are
                consistent with these state policies due to the interrelationships which exist between the
                State Guide Plan and the Comprehensive Planning and Zoning Enabling Acts. The
                Rhode Island Zoning Enabling Act (R.I.G.L. 45-24) requires all municipalities to change
                their zoning ordinances to be consistent with the municipalities comprehensive plans by
                December 31, 1994. For a more detailed discussion of this process and its requirements
                see Chapter 2.

                Financial Needs
                There may be financial needs associated with this measure's implementation. First, the
                RIDOP may need additional financial resources to more effectively ensure this
                management measure's implementation. Additional financial resources may be
                necessary to further enhance the technical assistance efforts to municipalities during the
                development of Comprehensive Plans and the changes to theirzoning ordinances.
                Finally, financial resources may be necessary to develop additional technical assistance
                materials for communities.

                It is also possible that additional financial resources may be necessary at the local level
                to implement these measures. Resources will be necessary to revise their
                Comprehensive Plans in accordance with the statutory requirements. Staff resources
                may also be necessary to revise their existing ordinances or, in some cases, to develop
                new ordinances.


                Technical Needs
                It may be necessary for the RIDOP, or some other entity, to provide additional technical
                assistance to municipalities during the revisions to Comprehensive Plans and Zoning
                Ordinances. It may also be necessary to develop additional technical assistance
                materials (e.g., guidance manLials and model ordinances) targeted at local officials.


                Overall Prograin Effectiveiiess
                The municipal comprehensive planning program is a unique and powerful tool for
                implementing the requirements of Section 6217 in Rhode Island. Since this program is
                relatively new,, is difficult to assess the effectiveness, at this time. However, the data
                contained in Chapter 2 regarding the status of the development of municipal
                compr ehensive plans indicates that all parties involved have made a strong
                commitment to effectively implement the statute's requirements. It is still too early to
                even begin assessing the effectiveness of the Zoning Enabling Act but it should be noted
                that no major problems have been identified at this time.

                There have been no formal assessments of the effectiveness of the State Guide Plan.
                However, the State Guide Plan is widely regarded as an important tool for ensuring
                interagency consistency in the implementation of various initiatives ranging from road


                                                        -6-36-







                Chapter 6


                and highway development to environn.- -ital protection. Almost eA, 1--y major
                environmental plan has been incorporated into the State Guide Plan. In addition, many
                of the State Guide Plan's policies were incorporated into the CRMC's federally approved
                coastal zone management program in 1984 as enforceable policies. As such, these
                policies and their implementation have been subject to review pursuant to the National
                Oceanic and Atmospheric Administration's (NOAA's) Office of Ocean and Coastal
                Resource Management (OCRM) Section 312 evaluation process. It is important to point
                out that the most recent Section 312 findings (OCRM, 1993) found no deficiencies with
                the implementation of the State Guide Plan policies incorporated into the CRMC's
                program.

                Rhode Island Department of Transportation Rules and Regulations Concerning
                Permission for use of State Highway Rights-of-Way

                The Rules and Regulations Concerning Permissionfor use of State Highway Rights-of-Way
                administer Chapter 24-8 of the Rhode Island General Laws and prescribe conditions
                under which the Rhode Island Department of Transportation (RIDOT) will allow access
                for curbs, sidewalks, highway access, stormwater disposal, and construction within a
                state highway right-of-way. Section 2--0 of the Regulations contains the following policy
                statement


                       "It is the policy of the Rhode Island Department of Transportation that all
                       construction and modification, over, on, under, or otherwise affecting the State
                       Highway Right-of-Way will be regulated and controlled by the Rhode Island
                       Department of Transportation for the best interest and safety of the public, and
                       according to recognized engineering standards. In addition, it is the policy of the
                       Rhode Island Department of Transportation to regulate and control all
                       stormwater runoff to the state highway drainage system without regard to the
                       location of the source of runoff."

                The RIDOT and contractors    working on RIDOT projects are subject to all applicable
                RIDEM, CRMC and local regulations regarding stormwater runoff and soil erosion
                controls and water quality improvement. Recent RIDOT projects have met water
                quantity and quality concerns through the installation of appropriate BMPs. Any
                RIDOT project within the 6217 boundary area has stormwater drainage that discharges
                to freshwater or coastal wetlands, therefore, they are subject to state and local review
                and permitting processes.

                The Regulations define the state highway drainage system as the "network of culverts,
                ditches, pipes, swales, gutters, and other man-made and natural courses for draining
                stormwater runoff from State Highways. (Section 3.22). Given the extensive system of
                roads and highways in Rhode Island, it is likely that a significant amount of runoff
                drains to the state highway drainage system.




                                                          -6-37-







               Chapter  6


               Any activities which place or alter curbs, make a connection  dr-ptimp or drain water
               to the State Ffighway drainage system, or in any way make an alteration to the State
               Highway system require a Physical Alteration Permit form the RIDOT (Section 4.2). In
               addition, failure to obtain any other necessary approvals (i.e., a Freshwater Wetlands
               Permit or a CRMC Assent) results in the revoking of the Physical Alteration Permit
               T'herefore, any roadwork activity undergoes a state regulatory review either through
               the DEM Freshwater Wetlands program or the CRMC. And as such, these activities
               must comply with state requirements for erosion control and stormwater management.












































                                                       -6 -38-






              17hapter 6


              Wz-ershed Protecil'a -)n




                                              Watershed Protection
                           Develop a watershed protection program to:
                           1) Avoid conversion, to the extent practicable, of areas that
                             are particularly susceptible to erosion and sediment loss;
                           2) Preserve areas that provide important water quality
                             benefits and/or are necessary to maintain riparian and
                             aquatic biota; and
                           3) Site development, including roads,,' highways and bridges,
                             to protect to the extent practicable the natural integrity of
                             waterbodies and natural drainage systems.



              Applicability

              New development or redevelopment including construction of new and relocated
              roads, highways and bridges that generate nonpoint source pollutants.


              Programs Implementing the Measure


              This management measure is or will be implemented by the following:

                     * Rhode Island Coastal Resources Management Program; and,
                     - RIDEM, Division of Freshwater Wetlands Rules and Regulations.
                     * State Acts Related to Land Use and Planning and the State Guide Plan
                     * Rhode Island Public Drinking Water Protection Act of 1987

              In addition, there are currently several additional watershed protection programs which
              further enhance the implementation of this management measure. They include, but
              are not limited to the implementation of the:

                     0 Salt Ponds Special Area Management Plan (Appendix G);
                     * Narrow River Special Area Management Plan (Appendix H);
                     - Narragansett Bay Project CCMP (Appendix P); and,
                     - Scituate Reservoir Watershed Management Plan (Appendix Q).

              Also, the U.S. Department of Agriculture is involved in efforts to implement aspects of
              the nonpoint source recommendations of the Narragansett Bay Project's Comprehensive



                                                     -6-39-






                Chapter 6


                Conservation and Manar-ment Plan and h-.-z a Hydrologic Unit Area (HUA) project
                                         6
                focusing on the Wood-Pawcatuck River Watershed.

                Furthermore, it should be noted that proper erosion and sediment controls are currently
                enforced through applicable state regulatory programs in all towns and municipalities
                throughtout the state. Therefore, all watersheds within the 6217 management area (i.e.,
                entire state of Rhode Island) are subject to this management measure.

                At this time, an -integrated watershed management protection approach is addressed in
                the revised RI Nonpoint Source Plan (CWA, Section 319). As part of a watershed
                protection approach, the NPS plan will prioritize watersheds throughout the state and
                target specific watersheds based on protection needs and resources. The Nonpoint
                Source Management Program has developed a resource inventory/ analysis (see An
                Assessment of Nonpoint Sources of Pollution to Rhode Island's Waters), developed a
                watershed management plan (see revised Nonpoint Source Management Plan's chapter
                on watershed management and priority selection), and has implemented and continues
                to implement the recommendations in the Nonpoint Source Management. In this way,
                the Program addresses all the management practices. In addition, the DEM Freshwater
                Wetlands Regulations, because they define freshwater wetlands very braodly, avoid
                conversion of areas that are particularly susceptible to erosion and sediment loss (as per
                the evaluation of soil erosion and sedimentation that they require); preserve areas that
                provide important water quality benfits (as per the evaluation of water quality that they
                require; site development in a manner that protects the natural integrity of waterbodies
                (as per the entire evaluation.

                Rhode Island Coastal Resources Management Program

                This management measure will be implemented by the Rhode Island Coastal Resources
                Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance with the permit
                requirements as specified in the Rhode Island Coastal Resources Management Program
                (RICRMP). For more information on the nature of the program and the permit process
                see the discussion contained in Chapter 2. For more information on the management
                measure's oversight and the program's overall effectiveness see the New Development
                Management Measure.

                Implementation of the Measures
                The Watershed Protection Management Measure will be implemented by the CRMC
                pursuant to various requirements contained in the RICRMP (Appendix E) as well as
                proposed amendments to the RICRMP (Appendix 6A). The requirements of this section
                apply to all development projects within CRMC jurisdiction subject to the applicability
                requirements of this measure. This measure will be implemented through the
                following:

                       1. Requirements contained in RICRMP Section 300.6



                                                          -6.40-







               Chapter 6


               Section 300.6 of the R1CFJv1P addresses the trf- -,- &ment of sewage a-, 4 stormwater for all
               activities subject to the applicability criteria of this section. Specifically, the section
               requires that:

                     8.  All sites should be planned, designed, and developed in order to: (1) Protect
                         areas that provide important water quality benefits and/or are particularly
                         susceptible to erosion and sediment loss; (2) limit increases of impervious
                         surface areas, except where necessary; (3) limit land disturbance activities
                         such as clearing and grading and cut and fill to reduce erosion and sediment
                         loss; and (4) limit disturbance of natural drainage features and vegetation.
                         (RICRMP 300.6-B-8).

                     2. Proposed amendments to RICRMP Section 300.2

               Additional standards that apply to cases where filling, removing or grading activities,
               as defined in Section 300.2.A, is undertaken are proposed. The management measure
               will be addressed by the following proposed standard:

                    (h) All sites should be planned, designed, and developed in order to: (1) Protect
                         areas that provide important water quality benefits and/or are particularly
                         susceptible to erosion and sediment loss; (2) limit increases of impervious
                         surface areas, except where necessary; (3) limit land disturbance activities such
                         as clearing and grading and cut and fill to reduce erosion and sediment loss;
                         and (4) limit disturbance of natural drainage features and vegetation.
                         (Proposed RICRMP 300.2.D)

               Also, stipulations of a Council Assent are registered in the land evidence records and
               the conditions imposed on an Assent may include requirements other than those
               specifically mentioned in the regulations (i.e., specific maintenance requirements for a
               particular project).

                      3. Rhode Island Soil Erosion and Sediment Control Manual


               The Rhode Island Soil Erosion and Sediment Control Manual (Appendix L) which will be
               incorporated into the RICRMP's requirements by reference in Section 300.2 (Proposed
               RICRMP Section 300.2 as contained in Appendix 6A), contains more detailed
               descriptions of the Council's standards and requirements as they pertain to soil erosion
               and sediment control practices. Many of these practices directly relate to site
               development.









                                                         -6.41-






                 Chap ter 6                                                                     Noff 0@-


                        4. Rhode Island Storinwater Design and Installation Stan&.-ds Manual

                 The Rhode Island Stormwater Design and Installation Standards Manual (Appendix K),
                 which has been incorporated into the CRMC's RICRMP requirements by reference,
                 contains more detailed descriptions of the Council's standards and requirements. The
                 document is intended to guide applicants in designing projects consistent with the
                 Council's regulations. This manual should be viewed as supplemental requirements
                 which must be incorporated, as needed, into all stormwater management plans.

                 It should be noted that all watersheds within the 6217 boundary area are subject to the
                 same high level of protection. The Council's regulatory program, supplemented by the
                 Rhode Island Stormwater Design and Installation Standards Manual and the Rhode Island
                 Soil Erosion and Sediment Control Handbook,, adequately addresses the watershed
                 protection management measures by requiring proper stormwater management and
                 erosion control techniques which assist in maintaining and improving water quality.       In
                 addition, the disturbance or removal of vegetation adjacent to watercourses is severely
                 restricted through state regulatory programs. Furthermore, the Council's buffer
                 requiremetris, as contained in Section 150 of the RICRMP, provide important erosion
                 control and improved water quality adjacent ot coastal wetlands and shoreline areas.


                 RIDEM Division of Freshwater Wetlands Rules and Regulations

                 The Watershed Protection Management Measure will also. be implemented by the
                 Rhode Island Department of Environmental Management (RIDEM), Division of
                 Freshwater Wetlands pursuant to R.I.G.L. 2-1 et. seq., 42-17.1-1 et. seq., 42-17.6-1 et. seq.,
                 and 42-35-1 et. seq. (Appendix A) in accordance with the requirements specified in the
                 Rules and Regulations Governing the Administration and Enforcement of the Freshwater
                 1,Vetlands Act (Appendix B). For more information on the nature of that program and its
                 permit process and requirements, see the discussion contained in Chapter 2, and the
                 discussions addressing the Wetlands Management Measures. For more information on
                 this management measure's oversight and overall effectiveness of the program see the
                 discussion contained in the New Development Management Measure.

                 Implementation of the Measure
                 The Watershed Protection Management Measure is currently implemented by the
                 RIDEM, Division of Freshwater Wetlands pursuant to the Rules and Regulations
                 Governing the Administration and Enforcement of the Freshwater Wetlands Act (Appendix B).
                 The Rules (effective April 7, 1994) apply statewide to any activities that could alter the
                 character of a freshwater wetland and contiguous areas (R.I.G.L. 2-1-21 and SD 4.03)

                 In accordance with Section 2-1-21 of the Fresh Water Wetlands Act, a permit to alter a
                 freshwater wetland will be denied if the proposed project would result in a random,
                 unnecessary or undesirable alteration of a freshwater wetland. In accordance with
                 Section 2-1-21 of the Freshwater Wetlands Act, a permit will be denied if the proposed


                                                           -6.42-







               Chapter 6                                                                         Urban


               project would result in a u@lndom, unnecessary or undesirable alteration of a freshwater
               wetland. These terms are defined in the Rules as the following:

                  Random Alteration means any alteration for which the applicant does not specify in
                      writing through design plans and drawing, the final developed use of the
                      property upon which an application is predicated; or any alteration proposed
                      which is arbitrary or without justification. (Rule 5.65)

                  Undesirable Alteration means any proposed activity or alteration which is likely to
                      reduce or degrade any freshwater wetland functions and values as set forth
                      herein. Any activity, alteration or proposed project will be considered
                      "undesirable" unless the applicant shows that she or he has, to the maximum
                      extent possible, mitigated for any damaging effects of the'proposed project upon
                      the functions and values provided by any freshwater wetlands. (Rule 5.88)

                  Unnecessary Alteration means any proposed alteration which is not essential, vital,
                      or indispensable to the proposed project and which can be achieved without
                      altering or disturbing freshwater wetlands. Any activity, alteration, or project
                      will be considered "unnecessary", unless the applicant shows that:
                      A. Alterations of freshwater wetlands and the functions and values they provide
                        have been avoided by exhausting all other non-wetland alternatives; and
                      B. The alterations planned for the wetland have been reduced to the maximum
                        extent possible to prevent any damaging or detrimental effects upon wetland
                        functions and values from activities which could otherwise be avoided. (Rule
                        5.89)

               In order for the Director to determine whether a proposed alteration is random,
               unnecessary or undesirable applicants must demonstrate in a written evaluation that all
               probable impacts have been avoided to the maximum extent possible. To determine if a
               proposed alteration is random, unnecessary or undesirable the Director considers:

                      1. Whether the applicant has demonstrated that the impacts to freshwater
                        wetlands have been avoided to the maximum extent possible, and whether
                        those impacts which are unavoidable have been reduced to the maximum
                        extent possible in accordance with the review criteria (SD 11.02).

               Applicants must submit a written evaluation which includes the identification and
               description of wetland functions, values and impacts (SD 10.03). The evaluation must
               include a description of all measures to eliminate, avoid and/or reduce impacts to
               freshwater wetlands to the maximum extent possible. Relevant to the implementation
               of this management measure, applicants are required to identify and describe:

                        the physical, chemical and biological impacts, both short- and long-term, to the
                        wildlife habitat associated with the wetland from the proposed project. (Rule
                        10-03-C.4)



                                                        -6.43-







                Chapter 6



                       o all project components that may decrease the wetland's flood storage capacity,
                         decrease the wetland's ability to meter out flood waters, and/or decrease the
                         wetland's ability to maintain surface flows and natural drainage
                         characteristics. Such project components include, but are not limited to:
                         changes in topography from filling or excavation; changes in vegetative
                         characteristics; additions of buildings or structures; and piping, culverting,
                         bridging, excavating, channelization, relocation, filling, damming or diking.
                         (Rule 10.03.E.3)

                       * the wetland's functions and values relatedto water quality. (Rule 10.03-G-2)

                       o all proposed project components and activities that may result in any
                         degradation of water quality associated with freshwater wetlands by
                         increasing pollutant sources; nutrient loading; increasing turbidity; decreasing
                         oxygen; altering temperature regimes; reducing stream or river flows; altering
                         a wetlands ability to retain or remove nutrients; or by withdrawing water from
                         or near any wetlands. (SD 10,03-G-4)

                       o all proposed land disturbance activities; existing site conditions, including soil
                         conditions, and topography; drainage characteristics of the proposed project
                         site; any critical erosion areas; and all proposed non-structural and structural
                         temporary and permanent erosion and sediment control methods. Further,
                         describe' how and why such erosion and sediment control measures will
                         protect wetland functions and values and meet the review criteria as set forth
                         in Rule 11.02. (Rule 10.03.H).

                It is important to keep in mind that applicants must also identify and describe proposed
                measures for reducing any probable impacts to the maximum extent possible. These
                measures, methods and best management practices must protect wetlands functions
                and values, and minimize unavoidable impacts.


                State Acts Related to Land Use and Planning

                This management measure is currently implemented statewide through requirements
                contained in the Rhode Island Comprehensive Planning and Land Use Regulation Act
                R.I.G.L. 45-22.2), the Rhode Island Zoning Enabling Act of 1991(R.I.G.L. 45-24) and
                policies contained in the State Guide Plan (R.I.G.L. 42-11). These three interrelated sets
                of statutory requirements are administered at the state level by the Rhode Island
                Department of Administration, Division of Planning (RIDOP). For a more detailed
                discussion of the interrelationships among these three sets of statutory requirements see
                Chapter 2. For a more detailed discussion of the management measure's oversight, as
                well as the program's over-all effectiveness, see the discussion in the section addressing
                the New Development Management Measure.


                                                        -6.44-






                Cl.iapter 6



                Implementation of Measure

                       1. The Rhode Island Comprehensive Planning and Land Use Regulation Act

                The Rhode Island Comprehensive Planning and Land Use Regulation Act specifically
                provides for the protection of watersheds. (R.I.G.L. 45-22.2-6) Comprehensive plans
                must also be coordinated with other municipalities and agencies for the management of
                resources and facilities that extend beyond the municipal boundaries such as rivers,
                aquifers, transportation facilities and others (R.I.G.L. 42-22.2-7). For a more detailed
                discussion of this Act and its implementation of this management measure, see the
                discussion contained in the New Development Management Measure.

                       2. Rhode Island Zoning Enabling Act of 1991

                Every city and town in Rhode Island currently has a local zoning ordinance. In
                accordance with the Rhode Island Comprehensive Land Use and Regulation Act,
                communities are required to amend local zoning ordinances within 18 months of the
                adoption of their comprehensive plans (R.I.G.L. 45-22.2-5.(A)(4))- Zoning ordinances
                adopted pursuant to the Rhode Island Zoning Enabling Act of 1991(R.I.G.L. 45-24) must
                address a series of provisions. For a more detailed discussion of this Act, its provisions,
                and its implementation of this management measure, see the discussion contained in
                the New Development Management Measure.

                       3. The Rhode Island State Guide Plan


                All municipalities are required to develop comprehensive land use plans and to change
                their zoning ordinances to be consistent with the comprehensive plans. Comprehensive
                plans must also be consistent with the policies contained in the State Guide Plan For
                example, the State Guide Plan contains policies which recommend avoiding the
                conversion of areas particularly susceptible to erosion, preserving areas that provide
                important water quality benefits, and other measures that help improve the siting of
                development projects.

                In addition to being consistent with the policies contained in the State Guide Plan, the
                comprehensive plans must also be consistent with other state policies and watershed
                management plans that have been incorporated into


                The Rhode Island Public Drinking Water Protection Act of 1987

                The Rhode Island Public Drinking Water Protection Act of 1987 (Appendix A) states
                that,





                                                           -6.45-






               Cliapter 6


                      "It is a paramount policy of the state U, prote ct the purity of present and future
                      drinking water supplies by protecting aquifers, recharge areas and watersheds."

               The p rovisions of the Act are intended to implement the state's policy of maintaining
               and restoring the quality of public drinking water. Major aspects of the Act include:

                      * Designating the Water Resources Board as the body that has the responsibility
                        for carrying out the provisions of the Act
                      * Setting up a one-cent per gallon water quality protection charge to be added to
                        the sale price of water, to be used for protecting the quality and safety of
                        public water supplies
                      9 Creating water quality protection trust funds
                      * Establishing a formula for the use of trust funds
                      * Setting up a grant fund as matching funds for systems purchasing land
                      o Authorizing the borrowing of funds to implement the provisions of the Act
                      * Requiring every public water supplier to prepare a water quality protection
                        plan for their sources of water

               Ninety percent of the Water Quality Protection Charge' collected by each supplier is
               submitted to the State water quality protection trust fund. The remaining ten percent
               may be used for administrative and operating coasts. Disbursements to a supplier from
               the Trust Fund for eligible expenses are proportional to the. amount contributed by the
               supplier. Not less than 55 percent of trust fund expenditures by a supplier must be for
               acquisition of land, rights in land or physical improvement to acquired land necessary
               to protect the quality of raw water.

               Approved Water Quality Protection Plans (WQPP), are required of all public water
               suppliers who obtain, transport, purchase or sell more than fifty million (50,000,000)
               gallons of water per year before they may apply for funds. The WQPPs must address
               the following minimum requirements:

                      - Determination of the boundaries of the watersheds of reservoirs serving the
                        supplier or of the aquifers serving public wells
                      * Identification of sources of contamination of each reservoir or well field
                      - Identification- of measures needed to protect each reservoir or well field from
                        sources of contamination, including acquisition of buffer zones, diversion of
                        stormwater or spills, and desirable land use control regulations
                      * A priority list of actions for implementing these protection measures

               The plan must be adopted by the governing board of the water supplier following a
               public hearing, and must be updated at least every five years.







                                                        .6.46-







              Chapter 6


                     Site Development



                                                  Site Development
                            Plan, design, and develop sites to:
                            1) Protect areas that provide important water quality
                              benefits and/or are particularly susceptible to erosion and
                              sediment loss;
                            2) Limit increases of impervious areas, except where
                              necessary;
                            3) Limit land disturbance activities such as clearing and
                              grading, and cut and fill to reduce erosion and sediment
                              loss; and
                            4) Limit disturbance of natural drainage features and
                              vegetation.



              Applicability

              All site development activities including those associated with roads, highways and
              bridges.


              Programs Implementing the Measure

              This management measure is or will be implemented by the following:

                       Rhode Island Coastal Resources Management Program; and,
                       RIDEM, Division of Freshwater Wetlands Rules and Regulations.
                       RIDEM Division of Water Resources, Water Quality Regulations and Water
                       Quality Certification Program
                       State Acts Related to Land Use Planning, and the State Guide Plan


              Rhode Island Coastal Resources Management Program

              This management measure will be implemented by the Rhode Island Coastal Resources
              Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance with the per     mit
              requirements as specified in the Rhode Island Coastal Resources Management Program
              (RICRMP). For more information on the nature of the program and the permit process
              see thediscussion contained in Chapter 2. For more information on the management




                                                       -6.47-






                 Chapter 6


                 measure's oversight and the )r-,-ram's overall effectiveness see the New Development
                 Management Measure.

                 Implementation of the Measures
                 The Site Development Management Measure will be implemented by the CRMC
                 pursuant to various requirements contained in the RICRMP (Appendix E) as well as
                 proposed amendments to the RICRMP (Appendix 6A). The requirements of this section
                 apply to all development projects within CRMC jurisdiction subject to the applicability
                 requirements of this measure. This measure will be implemented through the
                 following:

                         1. Requirements contained in RICRMP Section 300.6

                 Section 300.6 of the RICRMP addresses the treatment of sewage and stormwater for all
                 activities subject to the applicability criteria of this section. Specifically, the section
                 requires that:

                            All sites should be planned, designed, and developed       in order to: (1) Protect
                            areas thatprovide important water quality benefits and/or are particularly
                            susceptible to erosion and sediment loss; (2) limit increases of impervious
                            surface areas, except where necessary; (3) limit land disturbance activities
                            such as clearing and grading and cut and fill to reduce erosion and sediment
                            loss; and (4) limit disturbance of natural drainage features and vegetation.
                            (RICRMP 300.6.B.8).

                         2. Proposed amendments to RICRMP Section 300.2

                 Additional standards that apply to cases where filling, removing or grading activities,
                 as defined in Section 300.2.A, is undertaken are proposed. The management measure
                 will be addressed by the following proposed standard:

                        (h) All sites should be planned, designed, and developed in order to: (1) Protect
                            areas that provide important water quality benefits and/or are particularly
                            susceptible to erosion and sediment loss; (2) limit increases of impervious
                            surface areas, except where necessary; (3) limit land disturbance activities such
                            as clearing and grading and cut and fill to reduce erosion and sediment loss;
                            and (4) limit disturbance of natural drainage features and vegetation.
                            (Proposed RICRMP 300.2.D)

                 Also, important stipulations of a Council Assent are registered in the land evidence
                 records and the conditions imposed on an Assent may include requirements other than
                 those specifically mentioned in the regulations (i.e., specific maintenance requirements
                 for a particular project).





                                                              -6.48-







              Chapter 6


                     3. Rhode Island Soil Erosion and Sediment Cw,trol Manual

              The Rhode Island Soil Erosion and Sediment Control Manual (Appendix L) which will be
              incorporated into the RICRMP's requirements by reference in Section 300.2 (Proposed
              RICRMP Section 300.2 as. contained in Appendix 6A), contains more detailed
              descriptions of the Council's standards and requirements as they pertain to soil erosion
              and sediment control practices. 'Many of these practices directly relate to site
              development and can be incorporated witihn the CRMC assent.

                     4. Rhode Island Storinwater Design and Installation Standards Manual

              The Rhode Island Stormwater Design and Installation Standards Manual (Appendix K),
              which has been incorporated into the CRMC's RICRMP requirements by reference,
              contains more detailed descriptions of the Council's standards and requirements. The
              document is intended to guide applicants in designing projects consistent with the
              Council's regulations. This manual should be viewed as supplemental requirements
              which must be incorporated, as needed, into all stormwater management plans.

                     5. Other RICRMP requirements related to. site development

              Other RICRMP requirements which also address this management measure. are
              policies and prohibitions governing water types (Section 200) and coastal features
              (Section 210). Examples include:

                     * Matrices Contained in RICRMP Table 1 as they pertain to specified activities,
                       water types, and coastal features;

                     * Additional Category B requirements specified in Section 300.1 and other
                       sections of the RICRMP;

                     9 CRMC's buffer zone policies and standards contained in Section 150 require
                       that riparian areas remain in an undisturbed condition so as to function, in part,
                       as vegetative treatment systems for stormwater runoff.

              These supplemental requirements help ensure that the measure is implemented and are
              best viewed as additional management measures.


              RIDEM Division of Freshwater Wetlands Rules and Regulations

              This management measure will also be implemented by the Rhode Island Department
              of Environmental Management (RIDEM), Division of Freshwater Wetlands pursuant to
              R.I.G.L. 2-1 et. seq., 42-17.1-1 et. seq., 42-17.6-1 et. seq., and 42-35-1 et. seq. (Appendix A)
              in accordance with the requirements specified in the Rules and Regulations Governing the
              Administration and Enforcement of the Freshwater Wetlands Act (Appendix B). For more


                                                      -6.49-







                 Chapter 6
                                                                                               MEL

                 information on the nat,,-lre of that program and its permit process and requ'!--ments, see
                 the discussion contained in Chapter 2, and the discussions addressing the Wetlands
                 Management Measures. For more information on this management measure's oversight
                 and overall effectiveness of the program see the discussion contained in the New
                 Development Management Measure.

                 Implementation of the Measure
                 The Site Development Management Measure is currently implemented by the RIDEM,
                 Division of Freshwater Wetlands pursuant to the Rules and Regulations Governing the
                 Administration and Enforcement of the Freshwater Wetlands Act (Appendix B). The Rules
                 (effective March 18,1994) apply statewide to any activities that could alter the character
                 of a freshwater wetland and contiguous areas (R.I.G.L. 2-1-21 and SD 4.03)

                 In accordance with Section 2-1-21 of the Freshwater Wetlands Act, a permit to alter a
                 freshwater wetland will be denied if the proposed project would result in a random,
                 unnecessary or undesirable alteration of a freshwater wetland. To determine if a
                 proposed alteration is random, unnecessary or undesirable the Director considers:

                       1. Whether the applicant'has demonstrated that the impacts to freshwater
                          wetlands have been avoided to the maximum extent possible, and whether
                          those impacts which are unavoidable have been reduced to the maximum
                          extent possible in accordance with the review criteria (SD 11-02).

                 Applicants must submit a written evaluation which includes the identification and
                 description of wetland functions, values and impacts (SD 10.03). The evaluation must
                 include a description of all measures to eliminate, avoid and/or reduce impacts to
                 freshwater wetlands to the maximum extent possible. This evaluation must include a
                 Soil Erosion and Sediment Control elerrient which requires applicants to:

                       "identify and describ e all proposed land disturbance activities; existing site
                       conditions, including soil conditions, and topography; drainage characteristics of
                       the proposed project site; any critical erosion areas; and all proposed non-
                       structural and structural temporary and permanent erosion and sediment control
                       methods. Further, describe how and why such erosion and sediment control
                       measures will protect wetland functions and values and meet the review criteria
                       as set forth in Rule 11.02."(SD 20-03-H).

                 In addition to the identification and description of the wetland functions values and
                 impacts associated with the proposed project, as required by Section 10-03, thewritten
                 evaluation must address specific elements contained in Appendix 6 of the Rules.
                 Applicants are required to identify and describe proposed measures to reduce
                 unavoidable impacts. Such measures, methods, or best management practices include:

                       3) Minimizing the extent of disturbed areas and encouraging the preservation of
                          land in its natural state;



                                                          -6-50-






              17hapter 6                                                                  NEEKTHM Mt


                      6) Using best management practices for th @ stabilization of disturbed areas and
                         the selection, use, and maintenance of temporary and/or permanent and
                         sediment controls in accordance with or equivalent to the latest
                      7) Using best management practice selection design criteria in accordance with or
                         equivalent to the Rhode Island Stormwater Design and Installation Manual to
                         maximize the control, treatment and maintenance of stormwater flows;
                      8) Minimizing impervious surface areas such as roads, Parking paving or other
                         surfaces;
                      10) Encouraging infiltration of non-contaminated run-off.


               State Enabling Acts Related to Land Use Planning

                      1. Municipal Comprehensive Plans, the Zoning Enabling Act, and the State
                         Guide Plan


               This management measure is currently implemented statewide through policies
               contained in the State Guide Plan (R.I.G.L. 42-11) and the requirements of the
               Comprehensive Planning Program (R.I.G.L. 45-22.2) and the Zoning Enabling Act
               (R.I.G.L. 45-24). These three interrelated sets of statutory requirements are administered
               at the state level by the Rhode Island Department of Administration, Division of
               Planning (RIDOP). For a more detailed discussion of the interrelationships among these
               three sets of statutory requirements see Chapter 2. For a more detailed discussion of the
               management measure's oversight, as well as the program's overall effectiveness, see the
               discussion in the section addressing the New Development Management Measure.

               Implementation of the Measure
               This management measure will be implemented through the combination of several
               programs statewide. First, the management measure's requirements will be
               incorporated as a policy of the updated Rhode Island Nonpoint Source Management Plan
               (RINSMP) currently being revised by the RIDEM, Office of Environmental
               Coordination. When complete, the RINSMP will be incorporated as an element of the
               State Guide Plan as an official state policy. As such, all state agency policies and
               development activities that must be reviewed for State Guide Plan compliance, including
               the programming of highway projects, must be done in a manner consistent with this
               policy. It also should be noted that the current Rhode Island Nonpoint Source Management
               Plan contains policies which partially implement this measure. Accordingly,
               community comprehensive plans are subject to review by the RIDEM for consistency
               with the policies contained in the Nonpoint Source Management Plan.

               ,In addition, when the RINSMP becomes an element of the State Guide Plan,
               municipalities will be required to amend their Comprehensive Plans to be consistent
               with this policy within one year's time (R.I.G.L. 42-22.2-101). Each Comprehensive
               Plan is reviewed by all relevant state agencies and must be approved by the RIDOP for
               consistency with agency goals and policies and with the State Guide Plan. Each


                                                         -6.51-







                 Chapter 6


                 Comprel, - nsive Plan must be consistent with the policies contained in E-e State Guide
                 Plan, as well as the goals and policies of relevant state agencies. In addition, the Rhode
                 Island Zoning Enabling Act requires that the municipalities change their zoning
                 ordinances to be consistent with all of the policies contained in their Comprehensive
                 Plans. All of the municipal zoning ordinances must be submitted to the RIDOP. For
                 more information on the enforcement mechanisms, see the discussion contained in
                 Chapter 2.

                        2. Rhode Island Soil Erosion and Sediment Control Act


                 The Soil Erosion and Sediment Control Act (Appendix A) authorizes cities and towns to
                 adopt, in accordance with a model local ordinance contained in the statute, ordinances
                 and programs to control erosion and sedimentation and to prevent erosion-related
                 damage to the man-made and natural features of the state. (R.I.G.L. 45-46-2) Local
                 ordinances must require the review and approval, by the local building official or
                 similar authority, of erosion and sediment control plans developed in accordance with
                 Rhode Island Soil Erosion and Sediment Control Handbook (Appendix L). The following
                 activities are excluded from the requirement for an erosion and sediment control plan:

                        (a) Construction, alteration, or use of any additions to existing single family o 'r
                          duplex homes or related structures, provided the ground coverage of such
                          addition is less than 1,000 square feet, and such construction, alteration and
                          use does not occur within 100 feet of any watercourse or coastal feature, and
                          the slopes at the site of land disturbance do not exceed 10 percent.
                        (b) Use of a home garden in association with onsite residential use.
                        (c) Accepted agriculture management practices and harvesting activities.
                        (d) Excavations for improvements that: do not result in total displacement of
                          more than 50 cubic yards of material; has no slopes steeper than approximately
                          10 percent; and have all disturbed surface areas promptly and effectively
                          protected to prevent soil erosion and sedimentation.
                        (e) Minor maintenance grading.
                        (f) Work on streets, roads, or right-of-ways, provided adequate and acceptable
                          erosion and sediment controls are incorporated in engineering plans and
                          specifications, and are employed.

                 Soil Erosion and Sediment Control P   lans must be prepared by a certified professional
                 and contain a series information requirements

                 In accordance with the model ordinance, noncompliance with an approved Erosion and
                 Sediment Control Plan may result in a lien being placed on the site and fines of up to
                 $250 per day.

                 Twenty-three of Rhode Island's 39 cities and towns have adopted Erosion and Sediment
                 Control Ordinances. In addition, six towns are currently in the process of adopting
                 ordinances.



                                                           -6.52-







               Chapter 6



               The Rhode Island Conservation Districts implement a site plan review and inspection
               program. This is a fee-for-service program for which 25 municipalities currently have
               Memoranda of Understanding to participate. Essentially, project proposals are passed
               by planning boards or building officials to the Conservation Districts. As part of their
               services, the Conservation District conducts field visits to ensure adequate controls are
               in place prior to construction, and to inspect during construction. Enforcement of
               ordinances is conducted at the local level by individual cities/towns.











































                                                        -6.5 3-







                Chapter 6


                      Xuction Site Erosion and Sediment Controj-L
                Cons:4'.




                                     Construction Site Erosion and Sediment Control
                             1) Reduce erosion and, to the extent practicable, retain
                               sediment onsite during and after construction, and
                             2) Prior to land disturbance, prepare and implement an
                               approved erosion and sediment control plan or similar
                               administrative document that contains erosion and
                               sediment control- provisions.



                Applicability

                This management measure applies to all construction activities on sites less than 5 acres
                in areas that do not have a NPDES permit in order to control erosion and sediment loss
                from those sites. This management measure does not apply to: 1) construction of a
                detached single family home on a site of 1/2 acre or more or 2) construction that does
                not disturb over 5,000 sq. ft. of land on a site.


                Programs Implementing the Measure

                This management measure is or will be implemented by the following programs:

                      * Rhode Island Coastal Resources Management Program
                      e RIDEM, Division of Freshwater Wetlands Rules and Regulations
                      - RIDEM Division of Water Resources, Water Quality Regulations and Water
                         Quality Certification Program
                        State Enabling Acts Relating to Land Use Planning, and the State Guide Plan

                The measure is also implemented at the local level through R.I.G.L. 45-46, Soil Erosion
                and Sediment Control. The measure is also partially implemented through the Rhode
                Island Department of Transportation, Rules and Regulations Concerning Permissionfor use
                Of State Higinvay Riglits-of-Way. These programs and how they implement or will
                implement the management measure are described in more detail below. It should be
                noted that, although some gaps may exist in the implementation of this management
                measure, it is unlikely that those gaps will result in any impacts to coastal water quality.
                Any proposed activity within the coastal zone requires a review by the CRMC
                Therefore, proper erosion controls will be apropriately stipulated (in accordance with
                Section 300.2 of the RICRMP) where necessary to meet this management measure.




                                                       -6-54-







               Chapter 6


               Rhode Island Coastal Re,---@,-.Irces Management Program

               This management measure will also be implemented by the Rhode Island Coastal
               Resources Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance with
               the permit requirements as specified in the Rhode Island Coastal Resources Management
               Program (RICRMP). For more information on the nature of the program and the permit
               process see the discussion contained in Chapter 2. For more information on the
               management measure's oversight and the program's overall effectiveness see the New
               Development Management Measure

               Implementation of the Measure
               The Construction Site Erosion and Sediment Control Management Measure will be
               implemented by the CRMC pursuant to various requirements contained in the RICRUT
               (Appendix E) as well as proposed amendments to the RICRMP (Appendix 6A). The
               requirements of this section apply to all development projects within CRMC jurisdiction
               subject to the applicability requirements of this measure. This measure win be
               implemented through the following:

                      1. Requirements contained in RICRMP Section 300.2

              .Section 300.2 of the RICRMP contains specific standards that apply in all cases where
               filling, removing, or grading is undertaken. In cases where the Council determines that
               additional measures are warranted in order to protect the environment of the coastal
               region, upland and shoreline earthwork standards are required and are listed on
               Assents as stipulations. Additional measures that apply for upland earthwork relevant
               to this management measure include:

                   (b) For upland earthwork, measures shall be taken to minimize erosion:
                      (1) A line of staked hay bales or other erosion-preventing devices (including
                          diversion ditches, check dams, holding ponds, filter barrier fabric, jute or
                          straw mulch) shall be placed. at the downslope perimeter of the proposed area
                          of construction prior to any grading, filling, construction, or other earthwork.
                          Hay bales shall be toed in to a depth of 3 to 4 inches, and maintained by
                          replacing bales where necessary until permanent re-vegetation of the site is
                          completed. No soils or other materials should pass beyond the bale line.
                      (2) All slopes shall be returned to the original grade unless otherwise specified.
                      (3) Where natural.or manmade slopes are or have become susceptible to erosion,
                          the slopes shall be graded to a suitable slope and re-vegetated with a thick
                          rooting brush vegetation. Mulch shall be applied as necessary to provide
                          protection against erosion until the vegetation is established (RICRMP Section
                          300.2-C.2.b).

               For further information on the standards associated with filling, removing, and grading
               activities, consult RICRMP Section 300.2.




                                                         -6.55-






                Chapter 6


                       2. Proposed amendments to RICRMP Sedtion 300.2

                Amendments to Section 300.2 will further and more explicitly implement the
                management measure. The proposed amendments include the following policies:

                       1. All filling, removing, or grading activities shall be done in accordance with the
                          policies and standards of this section and the standards and specifications set
                          forth in the most recent edition of the Rhode Island Soil Erosion and Sediment
                          Control Handbook.


                       2. All new activities subject to section 300.3 (residential, commercial, and
                          industrial structures), Section 300.13, Section 320, or those activities which
                          disturb more than 5,000 square feet of land on a site shall prepare and
                          implement an erosion and sediment control plan approved by the Council
                          which references all necessary practices for erosion and sediment control. All
                          erosion ands.ediment control plans shall be consistent With applicable policies
                          and standards contained in the Rhode Island Coastal Resources Management
                          Program and the standards and specifications set forth in the most recent
                          edition of the Rhode Island Soil Erosion and Sediment Control Handbook. An
                          erosion and sediment control plans shall be strictly adhered to.

                       3. The Council recognizes the most recent version of the Rhode Island Soil and
                          Erosion and Sediment Control Handbook, and its amendments, published jointly
                          by the Rhode Island Department of Environmental Management and the
                          United States Department of Agriculture (USDA), Soil Conservation Service
                          (SCS) as containing appropriate "Best Management Practices" (BMP) for use
                          within the CRMC's jurisdiction. All erosion and sediment control plans shall
                          be consistent with this manual. Applicants are also encouraged to consult the
                          most recent version of the Rhode Island Stormzvater Design and Installation
                          Standards Manual during the preparation of their erosion and sediment control
                          plan in order to ensure consistency with the Council's stormwater
                          management requirements (Section 300-6).

                It is also important to mention that the important stipulations of a Council Assent are
                registered in the land evidence records and the conditions imposed on an Assent may
                include requirements other than those specifically mentioned in the regulations (i.e.,
                specific maintenance requirements for a particular project).

                       3. Rhode Island Soil Erosion and Seditnent Control Mansial

                The Rhode Island Soil Erosion and Sediment Control Manual (Appendix Q which will be
                incorporated into the RICRMP's requirements by reference in Section 300.2 (Proposed
                RICRMP Section 300-2), contains more detailed descriptions of the Council's standards
                and requirements as they pertain to soil erosion and sediment control practices. Many
                of these practices directly relate to site development.


                                                         -6-56-







              Chapter 6



                     4. Rhode Island Storinwater Design and Installation Standards Manual

              The Rhode Island Stormwater Design and Installation Standards Manual (Appendix K),
              which has been incorporated into the CRMC's RICRMP requirements by reference,
              contains more detailed descriptions of the Council's standards and requirements. The
              document is intended to guide applicants in designing projects consistent with the
              Council's regulations. This manual should be viewed as supplemental requirements
              which must be incorporated, as needed, into all stormwater management plans.

                     5. Other RICRMP requirements related to site development

              See discussion under Site Development Management Measure.


              RIDEM Division of Freshwater Wetlands Rules and Regulations

              This management measure will also be implemented by the Rhode Island Department
              of Environmental Management (RIDEM), Division of Freshwater Wetlands pursuant to
              R.I.G.L. 2-1 et. seq., 42-17.1-1 et. seq., 42-17.6-1 et. seq., and 42-35-1 et. seq. (Appendix A)
              in accordance with the requirements specified in the Rules and Regulations Governing the
              Administration and Enforcement of the Freshwater Wetlands Act (Appendix B). For more
              information on the nature of that program and its permit process and requirements, see
              the discussion contained in Chapter 2, and the discussions addressing the Wetlands
              Management Measures. For more information on this management measure's oversight
              and overall effectiveness of the program see the discussion contained in the New
              Development Management Measure.

              Implementation of the Measure
              The Construction Site Erosion Control Management Measure is currently implemented
              by the RIDEM, Division of Freshwater Wetlands pursuant to the Rules and Regulations
              Governing the Administration and Enforcement of the Freshwater Wetlands Act (Appendix B).
              The Rules (effective March 18, 1994) apply statewide to any activities that could alter
              the character of a freshwater wetland and contiguous areas (R.I.G.L. 2-1-21 and SD 4.03)
              A description of the implementation of this measure by the Division of Freshwater
              Wetlands, see the discussion contained in the Site Development Management Measure.


              RIDEM Division of Water Resources, Water Quality Regulations and Water Quality
              Certification Program

              See discussion contained in the New Development Management Measure






                                                       -6.57-






               Chapter 6


               State Acts Related to Land Use Plannin& and the State Guide Plan

               This management measure is currently implemented statewide through policies
               contained in the State Guide Plan (R.I.G.L. 42-11) and the requirements of the
               Comprehensive Planning Program (R.I.G.L. 45-22.2) and the Zoning Enabling Act
               (R.I.G.L. 45-24). These three interrelated sets of statutory requirements are administered
               at the state level by the Rhode Island Department of Administration, Division of
               Planning (RIDOP). For a more detailed discussion of the interrelationships among these
               three sets of statutory requirements see Chapter 2. For a more detailed discussion of the
               management measure's oversight, as well as the program's overall effectiveness, see the
               discussion in the section addressing the New Development Management Measure.

               Implementation of the Measure
               See discussion contained in the Site Development Management Measure.


               The Soil Erosion and Sediment Control Act


               See discussion contained in the Site Development Management Measure.


               Rhode Island Department of Transportation, Rules and Regulations Concerning
               Permissionfor use of State Highway Rights-of-Way

               See discussion contained in the.Site Development Management Measure.

























                                                      -6-58-







               Chapter 6


               Com;truction Site Chemical Control




                                          Construction Site Cliemical Control
                            1) Limit application, generation, and migration of toxic
                               substances;
                            2) Ensure the proper storage and disposal of toxic materials;
                               and,
                            3) Apply nutrients at rates necessary to establish and
                               maintain vegetation without causing significant nutrient
                               runoff to surface waters.




               Applicability

               This management measure applies to all construction sites less than 5 acres in area and
               to new, resurfaced, restored, and reconstructed road, highway, and bridge construction
               projects. This management measure does not apply to: 1) construction of a detached
               single family home on a site of 1 / 2 acre or more or 2) construction that does not disturb
               over 5,000 sq. ft. of land on a site.


               Programs Implementing the Measure

               This management measure is or will be implemented by the following programs:

                        Rhode Island Coastal Resources Management Program; and,
                        RIDEM, Division of Freshwater Wetlands Rules and Regulations.
                        RIDEM Division of Water Resources, Water Quality Regulations and Water
                        Quality Certification Program
                        State Acts Related to Land Use Planning, and the State Guide Plan

               These programs and how they implement or will implement the management measure
               are described in more detail below.



               Rhode Island Coastal Resources Management Program

               This management measure will also be implemented by the Rhode Island Coastal
               Resources Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance with
               the permit requirements as specified in the Rliode Island Coastal Resources Management
               Program (RICRMP). For more information on the nature of the program and the permit



                                                        -6-59-







                 Chapter 6


                 process see the discussion ---%ntained in Chapter 2. For more information on the
                 management measure's oversight and the program's overall effectiveness see the New
                 Development Management Measure.

                 Implementation of the Measure
                 The Construction Site Chemical Control Management Measure will be implemented by
                 the CRMC pursuant to requirements contained in RICRMP section 300.6 and proposed
                 amendments to the RICRMP 300.2.


                        1. Requirements in RICRMP Section 300.6

                 Section 300.6 contains the following general policy which partially implements the
                 measure and applies to all development projects subject to the applicability
                 requirements of this measure:

                        It is the Council's policy to minimize the amount of ISDS - derived nitrates and
                        other potential contaminants which may leach into salt ponds and all other Type
                        1, 2, and 3 waters. (RICRMP Section 300-2.B.2).

                        2. Proposed amendments to RICRMP Section 300.2

                 Propo sed amendments to RICRMP Section 300.2 would apply to all filling, removing
                 and grading activities at construction sites subject to the applicability requirements of
                 this. measure. The proposed amendments includ     e the following additional standards:

                        - Disturbed uplands adjacent to a construction site shall be graded and re-
                        vegetated or otherwise stabilized to prevent erosion during or immediately after
                        construction. Nutrients shall be applied at rates necessary to establish and
                        maintain vegetation without causing significant nutrient runoff to surface waters.
                        (Proposed RICRMP Section 300.2.D.l(c))

                          Limit the application, generation, and migration of toxic substances and
                        ensure that toxic substances are properly stored and disposed of onsite in
                        accordance with all applicable federal, state, and local requirements. (Proposed
                        RICRMP Section 300.2. D.. 1 (m)). -

                 Important stipulations of a Council Assent are registered in the land evidence records
                 and the conditions imposed on an Assent may include requirements other than those
                 specifically mentioned in the regulations (i.e., specific maintenance requirements for a
                 particular project). As an example, the CRMC has required residential subdivisions to
                 form homeowner associations and sign consent agreements limiting the application of
                 lawn chemicals to a lawn maintenance contractor only. This assent stipulation prevents
                 the possiblity of individual homeowners -from applying excessive chemicals (nutrients
                 & pesticides) to lawn areas, and reduces the potential for water quality impacts.



                                                           -6.60-






               171apter 6


               Educational components implemented through the State's r    egulatory and state-wide
               recycling programs will also assist in meeting this management measure.

                      3. Rhode Island Soil Erosion and Sediment Control Manual

               The Rhode Island Soil Erosion and Sediment Control Manual (Appendix L) which will be
               incorporated into the RICRMP's requirements by reference in Section 300.2 (Proposed
               RICRMP Section 300.2 as contained in Appendix 6A), contains more detailed
               descriptions of the Council's standards and requirements as they pertain to soil erosion
               and sediment control practices. Many of these practices directly relate to site
               development.

                      4. Rhode Island Stormwater Design and Installation Standards Manual

               The Rhode Island Stormwater Design and Installation Standards Manua I (Appendix K),
               which has been incorporated into the CRMC's RICRMP requirements by reference,
               contains more detailed descriptions of the Council's standards and requirements. The
               document is intended to guide applicants in designing projects consistent with the
               Council's regulations. This manual should be viewed as supplemental requirements
               which must be incorporated,.as needed, into all stormwater management plans.

                      S. Other RICRMP requirements related to construction site chemical control

               See discussion under Site Development Management Measure.


               RIDEM Division of Freshwater Wetlands Rules and Regulations

               This management measure will also be implemented by the Rhode Island Department
               of Environmental Management (RIDEM), Division of Freshwater Wetlands pursuant to
               R.I.G.L. 2-1 et. seq., 42-17.1-1 et. seq., 42-17.6-1 et. seq., and 42-35-1 et. seq. (Appendix A)
               in accordance with the requirements specified in the Rules and Regulations Governing the
               Administration and Enforcement of the Freshwater Wetlands Act (Appendix B). For more ,
               information on the nature of that program and its permit process and requirements, see
               the discussion contained in Chapter 2, and the discussions addressing the Wetlands
               Management Measures. For more information on this management measure's oversight
               and overall effectiveness* of the program see the discussion contained in the New
               Development Management Measure.

               Implementation of the Measure
               The Construction Site Chemical Control Management Measure is currently
               implemented by the RIDEM, Division of Freshwater Wetlands pursuant to the -Rules and
               Regulations Governing the Adniinistration and Enforcement of the Freshwater Wetlands Act
               (Appendix B).



                                                        -6.61-






               Chapter 6


               In accordance wit--. Rule 10.03 applicants to alter a freshwater wetland must provide a
               written evaluation of wetland functions, values and impacts and describe all structural
               and/or nonstructural best management practices, best available technologies, schedules
               and management plans which will be employed to eliminate, avoid and/or reduce
               impacts to freshwater wetlands to the maximum extent possible. The written
               evaluation, where applicable, must include and address a water quality analysis which
               calculates the pollutant concentrations or loadings from land uses or pollutant sources
               other than stormwater run-off (which must be addressed separately in the written
               ev aluation) including chemical matter for both pre- and post- project conditions.
               Applicants must also identify and describe any degradation of water quality associated
               with freshwater wetlands by increasing pollutant sources and nutrient loading and take
               steps to avoid and minimize those impacts.

               In addition to the requirements contained in Rule 10.03, the written evaluation must
               address a series of elements contained in Appendix 6 of the Rules. Specific to the
               implementation of this management measure, applicants must describe measures that
               will be implemented to minimize or eliminate the use of, or any increase of, any
               pollutant, fertilizers, pesticides, herbicides, or any other chemical or organic application
               which increases pollutant and nutrient loadings.


               RIDEM Division of Water Resources, Water Quality Regulations and Water Quality
               Certification Program

               See discussion contained in the New Development Management Measure


               State Acts Related to.Land Use Planning, and the State Guide Plan

               This management measure is currently implemented statewide through policies
               contained in the State Guide Plan (R.I.G.L. 42-11) and the requirements of the
               Comprehensive Planning Program (R.I.G.L. 45-22.2) and the Zoning Enabling Act
               (R.I.G.L. 45-24). These three interrelated sets of statutory requirements are administered
               at the state level by the Rhode Island Department of Administration, Division of
               Planning (RIDOP). For a more detailed discussion of the interrelationships among these
               three sets of statutory requirements see Chapter 2. For a more detailed discussion of the
               management measure's oversight, as well as the program's overall effectiveness, see the
               discussion in the section addressing the New Development Management Measure.


               Implementation of the Measure

               See discussion contained in the Site Development Management Measure.





                                                       -6.62-






              171apter 6


              Existing Development



                                               Existing Development
                           Develop and implement watershed management programs
                           to reduce runoff pollutant concentrations and volumes from
                           existing development:
                           1) Identify priority local and/or regional watershed
                             pollutant reduction opportunities, e.g., improvements to
                             existing urban runoff control structures;
                           2) Contain a schedule for implementing appropriate
                             controls;
                           3) Limit destruction of natural conveyance systems;
                           4) Where appropriate, preserve, enhance, or establish buffers
                             along surface waterbodies and their tributaries.



              Applicability

              This management measure applies to all urban areas and existing development in order
              to reduce surface water pollutant loadings from such areas.


              Programs Implementing the Measure

              This management measure is currently implemented by the combination of
              requirements contained in the RIDEM's Water Quality Regulations, the RIDEM's
              Freshwater Wetlands Program, the Rhode Island Coastal Resources Management
              Program, Sections 303, 304, 305 and 319 of the Clean Water Act, the Municipal
              Comprehensive Plans and related enabling legislation, and the Rhode Island Public
              Drinking Water Protection Act of 1987 (R.I.G.L. 46-15.3-1@ et seq.) At this time, it is
              anticipated that the Interagency Nonpoint Source Advisory Committee will assume a
              role in the implementation of the first two items of the management measures. The
              Committee, would identify pollution reduction, prevention and education programs,
              and assist in the coordination and developmen't of new programs. In addition, there are
              currently several additional watershed protection programs which further enhance the
              implementation of this management measure. They include, but are not limited to the
              implementation of the:

                     0 Salt Ponds Special Area Management Plan (Appendix G);
                     * Narrow River Special Area Management Plan (Appendix H);
                     * Narragansett Bay Project CCMP (Appendix P); and,



                                                      -6-63-






                Chapter 6


                         Scituate Reservoir Watershed Management Plan (AppendL. Q).

                Furthermore, the U.S. Department of Agriculture is involved in efforts to implement
                aspects of the nonpoint source recommendations of the Narragansett Bay Project's
                Comprehensive Conservation and Management Plan and has a Hydrologic Unit Area
                (HUA) project focusing on   the Wood-Pawcatuck River Watershed.


                Programs Implementing the Measure

                State Acts Related to Land Use and Plannin& and the State Guide Plan

                This management measure is currently implemented through the Comprehensive
                Planning Program, Zoning and Subdivision Enabling Acts, and the State Guide Plan. See
                the discussion contained in the Watershed Protection Management Measure for a
                description of management measure implementation.


                Sections 303, 304, 305 and Section 319 requirements of the Clean Water Act

                RIDEM's responsibilities under Section 303, 304, and 305 of the. Clean Water Act along
                with RIDEM's Nonpoint Source Management Plan, developed in accordance with the
                requirements contained in Section 319 of the Clean Water Act, currently aid in
                implementing the first two items contained in this management measure. Pursuant to
                Sections 303, 304 and 305 of the Clean Water Act, RIDEM is required to identify those
                waters which are threatened or impaired, identify the cause(s) of impairment and
                establish a total maximum daily load (TM.DL) necessary to implement the applicable
                water quality standards.

                In accordance with requirements contained in Section 319 of the Clean Water Act, the
                RIDEM must identify high priority watersheds and specific strategies for abating
                nonpoint source pollution in its nonpoint source management plan. This plan is revised
                every five years. The current RI Nonpoint Pollution Management Plan contains both an
                implementation schedule and a priority watershed selection process. These elements of
                the NSMP have been U sed together to identify all nonpoint source pollution priorities
                state-wide. Primarily, this selection process has targeted existing problems and
                problems from existing development, and thus complies with the management
                measure.


                The revisions to the NSMP include both an updated implementation schedule and an
                updated priority system. The implementation schedule has been developed to
                encompass all source-based recommendations in the Plan. In part, these
                recommendations include watershed management programs to reduce nonpoint source
                pollution from existing development. The updated watershed priority system is
                applied to determine the relative priority of managing watersheds, primarily focusing


                                                         -6.64-







               Chapter 6


               on existing nonpoint sow-1- -@ pollution problems. Water quality management discussed
               in this plan includes, where necessary, reduction of nonpoint source pollution from
               existing development. Therefore, Rhode Island will address this management measure
               through the Nonpoint Source Management Plan.


               RIDEM, Water Quality Regulations

               The Rhode Island Water Quality Regulations for Water Pollution Control set the water
               quality standards for all surface waters of the state. The standards consist of narrative
               as well as numeric criteria. For example, all waters must meet the EPA aquatic life
               criteria, human health criteria, as well as state criteria for dissolved oxygen, color,
               turbidity, aesthetics, total and fecal coliform and nutrients. These criteria are the
               comparative factor in making the assessment of supporting, threatened or impaired
               with respect to water quality standards. Therefore, these regulations are an important
               factor in implementing the first two items contained in this management measure.


               Rhode Island Coastal Resources Management Program

               This management measure will also be implemented by the Rhode Island Coastal
               Resources Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance with
               permit requirements as specified in the 'Rhode Island Coastal Resources Management
               Program (RICRMP). For more information on the nature of the program and the permit
               process see the discussion contained in Chapter 2. For more information on the
               management measure's oversight and the program's overall effectiveness see the New
               Development Management Measure.

               The second two items contained in this management measure are implemented by the
               CRMC within its jurisdiction through the following requirements:

                      1. Requirements contained in RICRMP Section 300.6

               Section 300.6 of the RICRMP addresses the treatment of sewage and stormwater for all
               activities subject to the applicability criteria of this section. Specifically, the section
               requires that:

                      8. All sites should be planned, designed, and developed in order to: (1) Protect
                          areas that provide important water quality benefits and/or are particularly
                          susceptible to erosion and sediment loss; (2) limit increases of impervious
                          surface areas, except where necessary; (3) limit land disturbance activities
                          such as clearing and grading and cut and fill to reduce erosion and sediment
                          loss; and (4) limit disturbance of natural drainage features and vegetation.
                          (RICRMP 300.6.B.8).




                                                         -6.65-






                Chapter 6


                      2. Proposed amendments to RICRMP S@-:tion 300.2

                Additional standards that apply to cases where filling, removing or grading activities,
                as defined in Section 300.2.A, is undertaken are proposed. The management measure
                will be addressed by the following proposed standard:

                      N All sites should be planned, designed, and developed in order to  (1) Protect
                         areas that provide important water quality benefits and/or are particularly
                         susceptible to erosion and sediment loss; (2) limit increases of impervious
                         surface areas, except where necessary; (3) limit land disturbance activities such
                         as clearing and grading and cut and fill to reduce erosion and sediment loss;
                         and (4) limit disturbance of natural drainage features and vegetation.
                         (Proposed RICRMP 300.2.D)
                Also, important stipulations of a Council Assent'are registered in the land evidence
                records and the conditions imposed on an Assent may include requirements other than
                those specifically mentioned in the regulations (i.e., specific maintenance requirements
                for a particular project).

                      3. Policies contained in RICRMP Section 150 Coas    tal Buffers

                Section 150 of the implements this management measure through enforceable
                requirements. This Section contains the following relevant policies:

                   1. The establishment of a Coastal Buffer Zone is based upon the CRMC's legislative
                      mandate to preserve, protect and, Where possible, restore ecological systems.
                      The determination of the inland boundary of the Coastal Buffer Zonemust
                      balance this mandate with the property owner's rights to develop and use the
                      property.

                   2. The Council shall require,Coastal Buffer Zones in accordance with the
                      .requirements of this section for the following: a) new residential development; b)
                      commercial and industrial development; c) activities subject to Section 300.8 and
                      Section 300.13; and d) inland activities identified in Section 320. For existing
                      residential structures, the Council shall require a Coastal Buffer Zone for
                      category "A" and "B" activities when the RIDEM requires the modification or
                      expansion of an existing septic system or when the footprint of the structure is
                      expanded.

                   3. The vegetation within a buffer zone must be either retained in a natural,
                      undisturbed condition, or properly managed in accordance with the standards
                      contained in this section. In cases where native flora (vegetation) does not exist
                      within a buffer zone, the Council may require restoration efforts which include,
                      but are not limited to, replanting the Coastal Buffer Zone with native plant
                      species.


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                Chapter 6



                These policies are implemented through specific buffer zone standards and
                maintenance requirements.(RICRMP Section 150.1), E).


                RIDEM's Freshwater Wetlands Program

                This management measure will also be implemented by the Rhode Island Department
                of Environmental Management (RIDEM), Division of Freshwater Wetlands pursuant to
                R.I.G.L. 2-1 et. seq., 42-17.1-1 et., seq., 42-17.6-1 et. seq., and 42-35-1 et. seq. (Appendix A)
                in accordance with the requirements specified in the Rules and Regulations Governing. the
                Administration and Enforcement of the Freshwater Wetlands Act (Appendix B). For more
                information on the nature of that program and its permit process and requirements, see
                the discussion contained in Chapter 2, and the discussions addressing the Wetlands
                Management Measures. For more information on this management measure's oversight
                and overall effectiveness of the program see the discussion contained in the New
                Development Management Measure.

                A general discussion of RIDEM's Freshwater Wetlands Program, and how it
                implements the second two items of this management measure is contained in the New
                Development Management Measure. As noted in Rule 10.03.A.2 of the Freshwater
                Wetlands Regulations, all applicants submitting an application to alter a freshwater
                wetland must also submit a written evaluation. Rule 10.03.B lists the various required
                elements for the written evaluation. Included among these is the "identification of the
                proposed measures to reduce impact" (SD 10.03.B). This Rule also references Appendix
                6 as identifying the content of each required element. Appendix 6 section E describes
                the required element "Proposed Measures to Reduce Impact", recommending the
                following relevant practices:

                       Identify and describe the proposed measures, structural and/or non-structural
                       methods, or best management practices that will be implemented to reduce or
                       eliminate harm to wetland functions and values and detail why and how such
                       measures will protect wetland functions and values. Such measures, methods, or
                       best management practices include, but are not limited to:
                       1. Designing dense plantings of shrubs and trees between development and
                          remaining natural areas to "buffer" impacts from loss of wildlife habitat and
                          natural areas and to reduce the effects of noise, lighting and other disturbances
                          upon wildlife and remaining natural arew,
                       2. Preserving natural areas in and around wetlands;
                       3. Minimizing the extent of disturbed areas and encouraging the preservation of
                          land in its natural state;
                       6. Using best management practices for the stabilization of disturbed areas and
                          the selection, use, and maintenance of temporary and/or permanent soil
                          erosion and sediment controls in accordance with or equivalent to the latest
                          version of the Rhode Island Soil Erosion and Sediment Control Handbook;



                                                             -6-67-






               17hapter 6


                      7. Using best management practice selectioi. 4esign criteria in accordance with or
                        equivalent to the Rhode Island Stormwater Design and Installation Manual to
                        maximize the control, treatment and maintenance of stormwater flows;
                      8. Minimizing impervious surface areas such as roads, parking, paving or other
                        surfaces;
                     11. Preventing channelization or piping of run-off and encouraging sheet flow;
                     12. Landscaping with low slopes to maximize sheet flow and infiltration while
                        minimizing channelization;
                     15. Maximizing setbacks of septic systems and other land disturbances from
                        wetlands; and

               In addition, the DEM Division of Freshwater Wetlands regulations include by
               document reference, the RI Stormwater Design and Installations Standards Manual. All
               permit applicants must include, as part of the written evaluation of their projects, a.
               detailed discussion of how they will maintain any stormwater management practices.
               Maintenance schedules in the stormwater manual are considered as "Review Criteria"
               when written evaluations are reviewed by the Division of Freshwater Wetlands. Such
               evaluations (a) must discuss how projects will avoid and/or minimize alterations to
               water quality, and (b) are subjetc to a review by the Division of Water Resources under
               the Water Quality regulations. Thus both the Freshwater Wetlands regulations and the
               Water Quality regulations play a role in limiting impacts from existing development,
               both where permits have been obtained and where they will be obtained.

               Managetnent Measure Oversight
               For information on the oversight of this management measure, see the Management
               Measure for the Protection of Wetlands and Riparian Areas.


               The Rhode Island Public Drinking Water Protection Act of 1987

               See the discussion containedin the Watershed Protection Management Measure.


















                                                       -6-68-






               Chapter 6                                                                        1111MIM


                     Onsite Disposal Systems



                                              New Onsite Disposal Systems
                             1) Ensure that new OSDS are located, designed, installed,
                               operated, inspected and maintained to prevent the
                               discharge of pollutants to the surface and reduce the
                               discharge of pollutants into ground waters. Where
                               necessary (a) discourage the installation of garbage
                               disposals; and (b) install low-volume plumbing fixtures or
                               reduce total hydraulic loadings by 25%. Implement OSDS
                               inspection schedules for preconstruction, construction and
                               postconstruction.
                             2) Direct placement of OSDS away from unsuitable areas;
                             3) Establish protective setbacks from surface waters,
                               wetlands, and floodplains for conventional as well as
                               alternative OSDS;
                             4) Establish protective separation distances between OSDS
                               system components and groundwater which is closely
                               hydrologically connected to surface waters;
                             5) Where nitrogen limited surface waters may be adversely
                               affected by ground water nitrogen loadings, require the
                               installation of OSDS that reduce total nitrogen loadings by
                               50% to ground water.

                                 *See (g) guidanceforfull text of the management measure



               Applicability

               This management measure applies to all new OSDS including package plants and
               small-scale or regional treatment facilities not covered by the Rhode Island Pollution
               Discharge Elimination System (RIPDES) regulations in order to manage the siting,
               design, installation, operation and maintenance of all such OSDS.













                                                        -6-69-






               Chapter 6


               Program Implementii-.g the Measure

               RIDEM Division of Groundwater and ISDS Regulations

               Introduction


               The New Onsite Disposal System (OSDS) Management Measure requires coastal states
               to apply enforceable policies in their Section 6217 Management Area that implement the
               management measure. These requirements can be summarized as follows:

                      Item 1
                      Prevent the discharge of pollutants to the surface of the ground and reduce the
                      discharge of pollutants into groundwaters hydrologically connected with surface
                      water. Where. necessary to meet these objectives:
                             (a) discourage the installation of garbage disposals to reduce' hydraulic
                             and nitrogen loadings.
                             (b) where low-volume plumbing fixtures have not been installed in new
                             developments or redevelopments, reduce total hydraulic loadings to the
                             OSDS by 25 percent.
                      Implement OSDS inspection schedules for preconstruction, construction, and
                      post-construction.

                      Item 2
                      Place OSDS away from unsuitable areas.

                      Item 3
                      Establish protective setbacks.

                      Item 4
                      Establish protective separation distances.

                      Item 5
                      Require installation of OSDS that reduce nitrogen loading to groundwater by 50
                      percent where conditions indicate that nitrogen-limited surface waters may be
                      adversely affected.

               Rhode Island is currently in compliance with items 1-4 in accordance with its Rules and
               Regulations Establishing Minimunt Standards Relating To Location, Design, Construction and
               Maintenance of Individual Sewage DiSJ70Sal Systemsl These regulations address the Coastal
               Nonpoint Pollution Con  trol Program New Onsite Disposal System Management


                 The Rides and Regidations Establishing Minitninn Standards Relating to Location, Design, Constniction, and
               Maintenance of Individual Smiage Disliml Systeins referred to in this text, is the most recent
               version,amended May 29,1992.



                                                        -6.70-







                Chapter 6                                                                           Urban


                Meast -@ on a statewide basis by mandating a pe-mit for septic systems as a prerequisite
                to =W building permit and/or a change of use permit for structures discharging
                sewage, as well as any repair and/or alteration to any OSDS throughout Rhode Island.
                These regulations are pending revisions to comply with item 5. The following text
                discusses how Rhode Island complies or plans to establish enforceable policies that
                implement the New Onsite Disposal System Management Measure.

                GENERAL INFORMATION:


                Applicability Criteria:
                This management measure must apply to the entire Section 6217 Management Area.
                The proposed management area includes all of Rhode Island.
                In Rhode Island, the Rules and Regulations Establishing Minimum Standards Relating To
                Location, Design, Construction and Maintenance of Individual Sezvage Disposal Systems apply
                to all new construction, renovation and/or change of use to a structure serviced by a
                septic system and/or alteration and repair to any septic system statewide (SD 2.00)2. A
                newly constructed, altered or rebuilt system must receive a Certificate of Conformance
                prior to use of the system and/or sale or occupation of, the serviced construction. A
                municipality may only grant a Certificate of Occupancy where the applicant presents a
                Certificate of Conformance (SD 2.06). The Regulations apply to all package plants and
                small-scale or regional treatment facilities not covered by the Regulations For the Rhode
                Island Pollutant Discharge Elimination System (RIPDES), in order to manage the siting,
                design, installation, operation and maintenance  of all such septic systems.

                Agency/Program Responsible:
                The Individual Sewage Disposal System (ISDS-) Program is enforced and implemented
                by the Rhode Island Department of Environmental Management, Division of
                Groundwater and ISDS.


                Statutory And Regulatory Authority:
                Statutory authority enabling the regulation of OSDS is set forth by Rhode Island
                General Laws (RIGL) Sections 42-17.1-2(l),(m),(r),(s) and 23-19.54,1977. These
                provisions of the general laws are implemented through the Rules and Regulations
                Establishing Minimum Standards Relating To Location, Design, Construction and Maintenance
                of Individual Sezuage Disposal Systems, and Rhode Island Building Code, Plumbing Code
                Regulation SBC-3,1503.8 (1990).
                Nature of the program:
                This program is a regulatory permit program and includes a fee schedule (SD 23.00).




                2 (SD and a number) denotes an applicable section from the Rules and Regulations Establishing Minimum
                Standards Relating to Location, Design, Construction, and Maintenance of Individual Servage Disposal Systems
                (RIDEM, 1992) For complete Regulations, see Appendix D.



                                                          -6.71-






              Chapter 6


              Enforceable Policies:
              'This program is enforceable through the Regulations. All new onsite disposal systems
              require written approval by the Director of the Rhode Island Department of
              Environmental Management, before construction begins (SD 2.00). All applications for
              new systems must be made in conformance with all requirements under these
              Regulations (SD 2.01(a)(1)). These regulations include enforceable minimum standards
              relating to location, design, construction and maintenance (SD 1.00-24.00).

              To ensure compliance, a newly constructed, altered or rebuilt system must receive a
              Certificate of Conformance prior to use of the system and/or sale or occupation of the
              serviced construction and a municipality may only grant a Certificate of Occupancy
              where the applicant presents a Certificate of Conformance (SD 2.06).

              Enforcement Mechanisms:
              Enforcement takes place through the permitting process. No structure, which is
              serviced by a newly constructed, repaired or altered OSDS, may be occupied or sold
              until a Certificate of Conformance has been issued (SD 2.06). This certificate is the
              culmination of the permitting process. A processed permit consists of three
              components:.
                    1. Site plan and details:
                           9 Blueprint of property with OSDS size, configuration, and location.
                           * Information on water table, topography, hydrology, soil, and
                            percolation rate.
                           * RIDEM verification of seasonal high water table elevation.

                    2. Permit application:
                           9 Application disposition: approved, renewed, transferred, or denied.
                           * Terms of approval: additional stipulations or restrictions.

                    3. Best professional judgement of wetlands by ISDS Program staff:
                           9 Best professional judgement of wetlands present on site.
                           9 Best professional judgement of a wetland edge present on site.

              ITEMIZED BREAKDOWN OF THE MANAGEMENT MEASURE:


              Item (1) Text:
              Ensure that new OSDS are located, designed, installed, operated, inspected and maintained to
              prevent the discharge of pollutants to the surface of the ground and to the extent practicable
              reduce the discharge of pollutants into groundwaters that are closely 1@ildrologically connected to
                rface waters. Where necessary to meet these objectives: (a) discourage the installation of
              garbage disposals to reduce hydraulic and nutrient loadings; and (b) where low-volume
              su

              plumbingfixtures have not been installed in new developments or redevelopments, reduce total
              hydraulic loadings to the OSDS 1@y 25 percent. Implement OSDS inspection schedulesfor
              preconstruction, construction, and post-construction.



                                                   .-6.72-


0




                            Chapter 6


                            Item (1) Current Implementation:
                            The Regulations require all new septic systems to be located, designed, installed,
                            operated, maintained and inspected to prevent the discharge of pollutants to the surface
                            of the ground. The Regulations clearly state that discharge of pollutants to a
                            watercourse3 (SD 2.07) or the surface of the ground (SD 2.08) is prohibited.

                            The discharge of pollutants to groundwaters that are closely hydrologically connected
                            to surface waters is reduced via required setbacks and separation distances from:
                            watercourses, critical areas and other areas of concern (see Table 1 [from SD 3.05]); and
                            groundwater and other underground features (see Table 2 [from SD 2.161).

                            The discharge of pollutants to groundwaters closely hydrologically connected to surface
                            waters is also reduced through design specifications (SD 3.00-13-09).


                                                              TABLE 1 MINIMUM SETBACKS FOR OSDS
                                                              FROM CRITICAL AREAS IN FEET
                                                                      CRITICAL AREAS REQUIRING SETBACKS                           SETBACKS REQUIRED
                                                              Coastal Pond and Narrow River shoreline features and                                       150
                                                              trit%utaries including storm and sursurface drains directly
                                                              discharging thereto
                                                              Other watercourses in the watershed or recharge of a                                       100
                                                              critical resource not directiv connected
                                                              Substiriace drains designed, or having the potential, to
                                                              lower the groundwater in the vicinity of the leachfield
                                                              (a) Upgradient of leachfield                                                               25
                                                              (h) Dounieradient of leach field                                                           75
                                                              private well where individal sewage disposal,system is                                    150
                                                              
                                                              located in Mineable sod (faster than 3 minutes per inch
                                                                  perc rate)
                                                              All watersheds to Surface water reservoirs Including                                       200
                                                              perennial  streams disharging thereto and any storm or
                                                              subsurface drains directly discharging thereto                                                                                 I
                             Adapted from the Rule and Regulations Establishing Mitumitm Standard!: Relating To Lamtian, Design, construction and Abintenance ofIndividual
                            Seuvge Dip(ml Systems (RIDEM, 1992).


                                                              TABLE 2 VERTICAL SEPARATIONS IN FEET
                                                             FROM UNDERGROUND FEATURES
                                                              Types of Area                                   Water Table                 Restrictive Layer
                                                              Standard                                          3                               5
                                                             Critical Resource Areas                             4                              6


                            note: Adopted from the Rules and Regulations Establishing Minumum Standards Relating To Location, Design, Construction and mainenance of Individual Sewage Disposal Systems (RIDEM,1992)


                            3 Watercourse - any river, stream, brook, pond, lake, swamp, marsh, bog, fen, wet meadow, tidewater or
                            any other standing or flowing body of water (SD 1.000).

                            4 Critical areas or critical resource areas - those areas deemed by the Director to he particularly sensitive
                            to the detrimental effects of nutrients, pathogens, organic chemicals, etc. These areas currently include
                            the Salt Pond Region and Narrow River watersheds, an4d the Scituate Reservoir watershed. New areas
                            may be added, but only by amending the Regulations.



                                                                                                      -6.73-
 





                  Chapter 6

                  Pr-!-onstruction, constru   ction and post-construction inspections take place tc* -nsure
                  proper installation, construction and design. Site inspections are undertaken prior to
                  construction to ensure that each OSDS is located in appropriate soils (SD 15-00-15-06).
                  Furthermore, the accuracy of these soil inspections is certified and recorded (SD 15.06).
                  The construction, alteration, or reconstruction of any sewage disposal system must be
                  performed by a licensed installer. The installer must certify, via a Certificate of
                  Construction, that the system was installed in conformance with the permit and plans
                  as approved by the Director of RIDEM (SD 2.05). Also, a newly constructed, altered or
                  rebuilt system must receive a Certificate of Conformance prior to use of the system
                  and/or sale or occupation of the serviced construction (SD 2.06).

                  To ensure that all disposal systems continue to operate in accordance with these
                  requirements, the regulations require all disposal systems to be operated according to
                  the use requirements (SD 2.04) and maintained in good repair; or if these requirements
                  are not met, the Director may order cleaning or repair of the system (SD 2.11).

                  Finally, to aid in further reducing the discharge of pollutants to groundwaters low-
                  volume plumbing fixtures are required statewide in new construction and when old
                  fixtures are replaced (Plumbing Code Regulation 1503.8).

                  Item (1) Proposed Implementation Going Beyond the Management Measure

                  To maintain leach fields and prevent pollution discharges, revisions to the DEM ISDS
                  regulations will require the use of double-compartment septic tanks and effluent filters
                  in septic tanks for all new septic systems and all septic systems being repaired or
                  upgraded.

                  Item (2) Text:
                  Direct placement of OSDS awayfrom unsuitable areas. Where OSDS placement in [sic]
                  unsuitable areas is not practicable, ensure that the OSDS is designed or sited at a density so as
                  not to adversely affect surface wiaters or groundwater that is closely hydrologically connected to
                  surface water. Unsuitable areas include, but are.not limited to, areas with poorly or excessively
                  drained'soils; areas with shallow water tables or areas with high seasonal water tables; areas
                  overlayingfractured bedrock that drain directly to groundwater; areas within floodplains; or
                  areas where nutrient andlor pathogen concentrations in the effluent cannot be sufficiently
                  treated or reduced before the ejfluent reaches sensitive waterbodies.

                  Item (2) Current Implementation:
                  The Regulations control the placement of new septic systems away from unsuitable
                  areas. Where this can not be accomplished, specific design standards are required as a
                  permit condition.

                  Site suitability is determined by: subsoil exploration (SD 15.00-15.06), groundwater table
                  elevation determination (SD 16.00-16.03), and at least one percolation test (SD 17.00-
                  17-02). Subsoil explorations include (SD 15-01):


                                                                -6-74-







              Chapter 6



                      Consideration of the type of soil.
                      Percolation test(s).
                      Determination of maximum groundwater elevation.
                      Determination of the occurrence of impervious surfaces.

              To consi der soil type and occurrence of impervious surface, determinations are
              conducted through the use of exploration holes (SD 15.04). Determinations of
              groundwater elevation can take place in both wet (SD 17.01) and dry (SD 17.02) seasons
              according to specific methods.

              To ensure that OSDS discharge does not adversely affect groundwater or closely
              connected surface water, standard separation distances from water tables and restrictive
              layers have been established. In critical resource areas more stringent separations are
              established. Table 1 under Item 1 of this management measure indicates these
              separations (SD 15-02, SD 19.02.5).

              Item (3) Text:
              Establish protective setbacksfrom surface waters, wetlands, dndfloodplainsfor conventional as
              well as alternative OSDS. The lateral setbacks should be based on soil type, slope, hydrologic
              factors, and type of OSDS. Where uniform protective setbacks can not be achieved, site
              development with OSDS so as not to adversely affect waterbodies andlor contribute to a public
              health nuisance.


              Item (3) Current Implementation:
              Rhode Island complies with this item through the Regulations, which establish
              protective setbacks from surface waters, wetlands and floodplains for all types of septic
              systems and septic system components (SD 3.05) statewide. Additional protective
              setbacks are established, where warranted by special conditions.

              To ensure that OSDS discharge does not adversely affect water quality or contribute to a
              public nuisance, the Regulations establish standard protective setbacks for OSDS
              components from various features based on the slope of the land, system/ component
              type and the presence of special hydrologic features. Standard setbacks are listed in
              Table 3 (SD 3.05).















                                                      -6.75-


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                             Chapter 6



                                                      TABLE3             MINIMUM HORIZONTAL DISTANCE IN
                                                      FEET BETWEEN OSDS PARTS AND VARIOUS ITEMS
                                                      Item Requiring          Distr. Box,           Trench Bed,        Seepage flit       Bldg Sewer        Privy
                                                           Setbacks
                                                      Seth.                   Dosing Tank,         Chambers
                                                                              SerficTank                                                           
                                                                                            75                  100                200               50          50
                                                      Water Supply Line                      10                  25                 25                10          25
                                                      (pressurized)
                                                      Water Supply Line                      30                  40                 40                25          40
                                                     (suction)
                                                      Surface drinking                       200                                                                  200
                                                      water
                                                      supplies/tributarv
                                                      Watercourse                            50                  50                 50               25          50
                                                      Subsurface,                            25                25                 50                 25          25         
                                                      foundation, storm
                                                      Drain
                                                      Edge of land level                     10                  25                 23                25         10
                                                      lower than
                                                      distribution line
                                                      Public  Drinking                       400               400                400               400
                                                      water Supply Well

                             Note: Adapted from the Rules and Regulations Establishing Minimum Standards Relating To Location, Design, Comstruction and Maintenana of Individual
                             Sewage Disposal Systrms (RIDEM, 1992).

                             Alternative systems also must be located according to Table 5                                                  criteria. To ensure proper
                             functioning of alternative systems, special construction, maintenance and acceptability
                             requirements for such systems have been set (SD 14.00-14-07).

                             Because certain areas require extra consideration, Table 1 in Item of this management
                             measure lists special setbacks for any OSDS component in the presence of Critical
                             Resource Areas (SD 19.02.6).

                             The regulations also recognize the need to protect riparian areas, floo                                                     d plains and other
                             wetland areas. If any ISDS Program personnel believes an OSDS project to be sited on
                             or near a freshwater wetland, ISDS Program personnel will refer the I2SDS permit
                             applicant to the Rhode Island Department of Environmental Management, Division of
                             Freshwater Wetlands (SD 2.16). The Division of Freshwater Wetlands must issue a
                             permit, pursuant to the Freshwater Wetlands Act, or make a determination that a
                             permit is not required prior to the applicant receiving a permit from the ISDS Program
                             (SD 2.16). As stated in Rule 2.16:

                                         (a) Approval for individual sewage disposal systems that are located within fifty
                                         (50) feet of a marsh, swamp, bog or pond, or within one hundred (100) feet of a
                                         river of less than ten (10) feet in width during normal flow, or within two
                                         hundred (200) feet of a river of ten (10 feet or more in width during normal flow,
                                         or within a flood plain or other freshwater wetland as defined in the Rhode
                                         Island General Laws Section 2-1-20, will not be issued until the Freshwater
                                         Wetlands Section [Division of, Freshwater Wetlands] of the Department of
                                         Environmental Management issues a wetlands permit or determines that the
                                                                                                                 


                                                                                                                 40
                                                                                              



















































                                                                                                       -6.76-
 





                'Chapter 6


                       Wetlands Act does not apF',, to the proposed construction, a@`--ration, installation
                       or repair.

                       NOTE: If there is any question. concerning the location of freshwater wetlands or
                       applicability of the proposed individual sewage disposal system and related
                       building or site improvements to the Freshwater Wetlands Act, the Department
                       strongly recommends that application for wetlands determination be made to the
                       Wetlands Section [Division] prior to approval to avoid delays in individual
                       sewage disposal system permit review. If freshwater wetlands are located in the
                       vicinity of the proposed individual sewage disposal system, related
                       improvements that are not limited to: 1) Construction or alteration of a building
                       served by the individual sewage disposal system. 2) Earth removal, filling or
                       grading associated with proposed site improvements, building construction or
                       individual sewage disposal system improvements. 3) Alteration of groundwater
                       or surface water flow resulting in discharge of flow in or near a wetland.

                       (b) If the Individual Sewage Disposal System Section determines that there is a
                       reasonable doubt as to the location of a freshwater wetlands boundary or
                       applicability of the Wetlands Act to the proposed alteration, construction,
                       installation or repair of an individual sewage disposal system or to any related
                       improvements, the Individual Sewage Disposal System Section shall require that
                       the applicant request a preliminary applicability determination form the
                       Wetlands Section [Division] in which case the individual sewage disposal system
                       approval shall no't.be granted without submittal of either a determination that
                       the Wetlands Act does not apply or an approved wetlands permit, and a copy of
                       the current, approved plans, stamped by the Wetlands Division.

                Under the Rules and Regulations Governing the Administration and Enforcement of the
                Freshwater Wetlands Act (Freshwater Wetlands Regulations SD 5.39), the term freshwater
                wetland means:

                       A.-    Bog, flood plain, pond, marsh, river bank, swamp, river, area of land
                              within fifty feet (50'), areas(s) subject to flooding, area(s) subject to storm
                              flowage, floodway, flowing body of water, stream, intermittent stream,
                              perimeter wetland, submergent and emergent plant communities, special
                              aquatic sites, and shrub and forested wetland;
                       B.     Those areas that are inundated or saturated by surface or groundwater at
                              a frequency and duration sufficient to support, and that under normal
                              circumstances do support, a prevalence of vegetation typically adapted for
                              life in saturated soil conditions; and
                       C.     Any or all wetlands created as part of , or the result of, any activity
                              permitted or directed by the Department after July 16, 1971 including, but
                              not limited to: restored wetlands; value replacement wetlands created to
                              compensate for wetland loss such as flood plain excavations; biofiltration
                              areas; and any wetlands created, altered*or modified after July 16, 1971.


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                Chapter 6                                                                      Urban


                The Director has sole authority to determine which areas ar,@ "reshwater wetlands.

                Underthe Freshwater Wetlands Regulations, any project or adtivity that may alter the
                character of freshwater wetlands requires a permit from the Director of the Rhode
                Island Department of Environmental Management (Freshwater Wetlands Regulations
                SD 7.01-A). Appendix 2, Section C of the Rules and Regulations Governing the
                Administration and Enforcement of the Freshwater Wetlands Act indicates the general
                categories of "significant alteration." Item 7 of this section discusses OSDS projects that
                present a "significant alteration":

                      Projects which propose construction of a "New" individual sewage disposal
                      system (ISDS) or an "Alteration" of an existing ISDS, as governed by the most
                      recent Rules and Regulations Establishing Minimum Standards Relating to
                      Location, Design, Construction and Maintenance of Individual Sewage Disposal
                      Systems (ISDS Regulations), where the leaching field of the ISDS is:.

                             (a)Withinlone hundred feet (100') of or within any bog; pond; or flowing
                             body of water; and/or
                             (b)Within fifty feet (50') of, or within, any marsh; swamp; emergent, shrub,
                             or forested wetland; special aquatic site; area subject to flooding; or area
                             subject to storm flowage.

                In addition, any project in close proximity to a freshwater wetland, inclusive of any
                OSDS project may require a permit (Freshwater Wetlands Regulations SD 7-01-B), if it:

                      L      Changes the flow of surface runoff into or away from a freshwater
                             wetland.
                      2.     Diverts groundwater into or away from a freshwater wetland.
                      3.     Modifies water quality in a way that could change the naftiral character of
                             a freshwater wetland.,

                Though any OSDS project that involves alteration to a freshwater wetland requires a
                permit from the Division of Freshwater Wetlands, septic systems are not prohibited in
                the jurisdiction of the Division of Freshwater Wetlands.

                The policies of the Division of Freshwater Wetlands are enforceable via the Freshwater
                Wetlands Regulations. To enforce permits, denials and other determinations from the
                Division of Freshwater Wetlands, the Director of the Rhode Island Department of
                Environmental Management has the power to undertake enforcement actions, which
                may include a(n):

                      1.     Warning. (Freshwater Wetlands Regulations SD 15.02)
                      2.     Cease and desist order. (Freshwater Wetlands Regulations SD 15.04)
                      3.     Order to restore. (Freshwater Wetlands Regulations SD 15-06-A-3(b))



                                                        -6.78-


0





                Chapter 6


                       4.     Revocation or suspension of a permit. (Freshwater Wetlands Regulations
                              SD 15.08-09)

                An OSDS project in the jurisdiction of the Coastal Resources Management Council, fans
                under the exclusive purview of the Council. The Coastal Resources Management
                Council has jurisdiction over all land up to 200 feet inland of the inland edge of all
                coastal features (SD 2.17). As stated in Rule 2.17:

                       The Coastal Resources Management Council has authority over any construction
                       proposed in the coastal region of the state. The coastal region includes: All
                       saltwater beaches, barrier beaches and all land within two hundred (200) feet of
                       tidal waters, salt water ponds, salt water marshes, salt water wetlands or on
                       other land subject to Coastal Resources Management council jurisdiction. After
                       receiving a permit for an individual sewage disposal system from the Director,
                       the applicant should consult with the Coastal Resources Management Council
                       before undertaking any construction on the property. The applicant shall have
                       the responsibility to obtain a Coastal Resource Management Council permit if
                      ,necessary.

                In addittion to these requirements, as per SD 18-08, an assessment is required to be
                submitted by the applicant "where in the opinion of the Director, a substantial question
                exists regarding the cumulative impact of the operation of sewage disposal systems on
                individual lots within the subdivisions on the water quality of a unique or valuable
                body of ground water or surface Water."

                Item (4) Text:
                Establish protective separation distances between OSDS system components and groundwater
                which is closely hydrological@y connected to surface waters. The separation distances should be
                based on soil type, distance to groundwater, hydrologic factors, and type of OSDS.

                Item (4) Current Implementation:
                Rhode Island complies with this item through the Regulations, which establish standard
                separation distances to water tables and restrictive layers. In critical resource areas, the
                Regulations establish more stringent separation distances and where appropriate
                management measures are required. Table 4 indicates separations for standard and
                critical resource areas (SD 15.02, SD 19.02.5).


                                         TABLE 4 VERTICAL
                                         SEPARATIONS IN FEET TO
                                         VARIOUS FEATURES
                                         Tvne, of Area      Water Table   Restrictive Layer
                                         Standard                  4               6
                                                      77
                Note:Adapted from the Rides and Regulations Establishing Miminiun Standards  Relating To Location, Description Construction and Maintenance of individual
                Sewage Disposal Systems (RIDEM, 1992).




                                                           6.79





                Chapter 6


                For areas not meeting tl--- required vertical separations for existinggrade, RIDEM will
                allow OSDS to be sited in an area where the groundwater table is within 24 feet or an
                impervious layer is within 4-6 feet, if and only if, appropriate fill material is used to,
                achieve required vertical seperation and the following nine special conditions are met.

                      1.     Only disposal trenches shall be constructed on such property and the
                             minimum sidewall to sidewall trench spacing shall be 10 fee with n2
                             credi allowed for sidewall area.

                      2.     The trench design percolation rate shall be based on percolation tests run
                             in the original ground; however, in no case shall the design percolation
                             rate be faster than 10,minutes/inch.

                      3.     At least two soil exploration holes shall be dug over the area of the
                             proposed disposal system. The soil exploration holes shall assess the soil
                             and ground water table conditions on both the uphill and downhill sides
                             of the proposed system.

                      4.     All applicable tests may be witnessed by the director.

                             The excavation preparation procedures given in SD 11.06 shall be
                             followed.

                      6.     The design shall consider the need for diversion of.surfa c*e water runoff so
                             as not to increase stormwater runoff to adjacent properties.

                      7.     Where excavation into the groundwater table is a potential problem the
                             excavation work shall not be permitted, unless otherwise authorized by
                             the director.


                      8.     Use of the Dry Season determination of SD 17.02 shall not be allowed in
                             areas not meeting the requirements of SD 15.02(a).

                      9.     The system design must be stamped by a registered professional engineer
                             or registered land surveyor and the system installation must be
                             supervised and certified by the designer.

                Ifthese conditions are met, such separation is considered to be adequate.

                To further ensure that OSDS discharge does not adversely affect groundwater or
                connected surface waters, installation must comply with the setbacks in Table 3 in Item
                3 of this management measure (SD 3.05). Where limiting conditions such as flow
                restrictive layers occur in critical resource areas, additional setbacks must be maintained
                (SD 19.02.5 (b)).




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                 Chapter 6


                 Item   5) Text:
                 Where conditions indicate that nitrogen-limited surface waters may be adversely affected by
                 excess nitrogen loadings from groundwater, require the installation of OSDS that reduce total
                 nitrogen loadings by 50 percent to groundwater that is closely hydrologically connected to
                 surface water.

                 Item (5) Current Implementation:
                 To limit the potential adverse effects from OSDS in nitrogen-limited waters, nitrogen-
                 reduction systems are allowed in critical resource areas, which include the watersheds
                 of nitrogen-limited surface waters5 (SD 14.00-14.07).

                 Item (5) Proposed Compliance Strategy:
                 To further implement this management measure, the Rules and Regulations Establishing
                 Minimum Standards Relating To Location, Design, Construction. and Maintenance of
                 Individual Sewage Disposal Systems are currently being revised to mandate the installation
                 of -denitrification systems to achieve reduced, total nitrogen loadings by 50 percent, in
                 areas where nitrogen-limited surface waters are demonstrated to be adversely affected
                 by excess nitrogen loadings from groundwa'ter6. The new Regulations will address
                 those nitrogen sensitive coastal areas as previously identified by.the CRMC (i.e.
                 watersheds of poorly-flushed coastal ponds). Cooperatively, the CRMC and RIDEM are
                 monitoring the effectiveness of a nitrogen removal requirement, presently codified
                 within CRMC regulations, for the Green Hill Pond area. As part of this requirement,
                 any alternative system proposed must remove a minimum of 50 percent of the total
                 nitrogen content as measured at the septic tank outlet. This -applies to all new and
                 upgraded system installations. Additionally, the installations must meet all other
                 applicable CRMC and RIDEM regulatory standards.

                 Additionally, the use of ultra low-flow plumbing fixtures in critical resource areas and
                 areas where special conditions limit OSDS capacity is being considered. TTds proposed
                 regulatory inclusions will not negate the need for applicants to meet the requirements of


                   Nitrogen-limited surface waters are those surface waters in which nitrogen loading from groundwater
                 is documented to cause a significant adverse effect.

                 6 Nitrogen-limited surface waters are those surface waters in which nitr ogen loading from groundwater
                 is documented to cause a significant adverse effect. Currently, the only areas demonstrated to be
                 adversely affected by nitrogen loading from groundwater are those areas defined in The State of Rhode
                 Island Coastal Resources Manageinent Prograin Special Area Management Plans(Salt Pond Region and
                 Narrow River). The currently identified nitrogen sensitive areas have been targeted due to ecosystem
                 importance and their poor tidal flushing characteristics along with high density development in the
                 surrounding watershed. Other areas will be included as Critical Resource Areas, if nitrogen loading from
                 groundwater is documented to create a significant adverse effect. Water quality monitoring will only be
                 one component for determining specific areas for nitrogen removal requirements. Watershed modeling
                 and landuse nitrogen loadings will be assessed for determining critical areas. This data will be compared
                 to nutrient loading models developed by the URI Graduate School of Oceanography.



                                                                  -6.81-






               Chapter 6


               SD 19.00 for siting and design of syste,@-,- -@ in critical resource areas @",-e discussions
               under items 2,3 and 4 of the Threshold Review Document). These stringent
               requirements already establish siting prohibitions, special setbacks, mandatory
               monitoring and assessment, and other strategies to reduce loadings.

               OVERALL PROGRAM EFFECTIVENESS:


               Length of time program in existence:
               The Rules and Regulations Establishing Minimum Standards Relating To Location, Design,
               Construction and Maintenance of Individual Sewage Disposal Systems were promulgated in
               1968 and were most recently amended May 29,1992. The amended Regulations became
               effective June 18, 1992.

               Degree of Implementation:
               The program is fully implemented as defined in'the Rules and Regulations Establishing
               Minimum Standards Relating To Location, Design, Construction and Maintenance of
               Individual Sewage Disposal Systems (SD 1.00-24.00). With. the addition of the Proposed
               Compliance Strategy, detailed in Item 5, the Regulations will fully implement this
               management measure.



































                                                       -6.82-







              Chapter 6


              Operating Onsite Disposal Systems 2.11anagement Measure



                                        Operating Onsite Disposal Systems
                           1) Establish and implement policies and systems to ensure
                             that existing OSDS are operated and maintained to
                             prevent the discharge of pollutants to the surface of the
                             ground and to the extent practicable reduce the discharge
                             of pollutants into ground waters that are closely
                             hydrologically connected to the surface waters. Where
                             necessary, encourage the reduced use of garbage
                             disposals, encourage the use of low-volume plumbing
                             fixtures, and reduce the total phosphorous loadings to the
                             OSDS by 15%. Establish and implement policies that
                             require an OSDS to be repaired, replaced, or modified
                             where the OSDS fails, or threatens or impairs surface
                             waters;
                           2) Inspect OSDS at a frequency adequate to ascertain
                             whether OSDS are failing;
                           3) Consider replacing or upgrading OSDS to treat influent so
                             that the total nitrogen loadings in the effluent are reduced
                             by 50'Y,,.

                              *See (g) guidanceforfull text of the management measure



              Applicability

              This management measure applies to all operating OSDSs.


















                                                    -6-83-






                Chapter 6                                                                        Urban


                R@ -gram Implementing the Measure

                RIDEM Division of Groundwater and ISDS Regulations

                Introduction

                The Operating Onsite Disposal Systems (OSDS) Management Measure requires coastal
                states to apply enforceable policies in their Section 6217 Management A rea that:

                       Item (1)
                       Prevent the discharge of pollutants to the surface of the ground and reduce the
                       discharge of pollutants into ground waters that are closely hydrologically
                       connected with surface waters. Where necessary to meet these objectives use
                       low-volume plumbing fixtures.

                       Item (2)
                       Regularly Inspect to ascertain whether OSDS are failing.

                       Item (3)
                       Consider OSDS replacement/ upgrading to reduce effluent nitrogen by 50
                       percent where:

                              (a) Nitrogen-limited surface waters may be adversely affected by
                              groundwater nitrogen loadings from OSDS.
                              (b) Nitrogen loadings from OSDS are delivered to ground water that is
                              closely hydrologically connected to surface waters.

                The existing Rhode Island Rules and Regulations Estaldisliing Minimum Standards Relating
                To Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems
                (1992) are in full compliance with Item 1 and partially with Item 2. Parts of Item 2 will
                also be enforced through Rhode Island's State Guide Plan and the Enabling Acts Relating
                to Land Use Planning of the Rliode Island General Laws (RIG01- Item 3 and the
                remainder of Item 2 will be addressed with pending revisions to the Regulations.

                General Information


                Applicability Criteria:
                To comply with Section 6217 of the Coastal Zone Management Act, this management
                measure must apply to the. entire Section 6217 Management Area. The proposed
                management area includes all of Rhode Island. The Rhode Island Rules and Regulations
                Establisifing Minimum Standards Relating To Location, Design, Construction and Maintenance


                  A more in depth discussion of the enforcement mechanisms in the State Guide Plan and the Enabling
                Acts Relating to Land Use Planning, and how these will be used to enforce Item 2, can be found in the
                section entitled "Item (2) Current Implernntation."


                                                         .6-84-







               Chapter 6


               of Individual Sezvage Dis-ro-W Systems apply to both new and existing construction,
               renovation and/or change of use of septic systems statewide (SD 2.00). This includes all
               package plants and small-scale or regional treatment facilities not covered by the
               Regulations For the Rhode Island Pollutant Discharge Elimination System (RIPDES), in order
               to manage the siting, design, installation, operation and maintenance of all such septic
               systems.

               Agency/Program Responsible:
               The Individual Sewage Disposal System (ISDS) Program is implemented by the Rhode
               Island Department of Environmental Management, Division of Groundwater and ISDS.

               Statutory And Regulatory Authority:
               Statutory authority enabling the regulation of OSDS is from the Rhode Island General
               Laws Sections 42-17.1-2(l),(m),(r),(s) and 23-19.5-4,1977. The management measure will
               be implemented, through the Rules and Regulations Establishing Minimum Standards
               Relating To Location, Design, Construction and Maintenance of Individual Sewage Disposal
               Systems (SD 1.00-24.00) (1992), and Rhode Island Building Code, Plumbing Code
               Regulation SBC-3, 1503.8 (1990), as well as the State Guide Plan.

               Nature of the Program:
               This program is a regulatory permit program and includes a fee schedule (SD 23.00)-

               Enforceable Policies:
               To enforce the Section 6217 management measures, the regulations require all new
               construction, alterations, renovation and repairs to onsite disposal systems to receive
               written approval from the Director before construction begins (SD 2.00). Also, all
               applications for new construction, alterations, renovations and repairs to systems shall
               be made in conformance with all requirements under these Regulations to the greatest
               extent possible (SD 101(1-3)). These regulations include enforceable minimum
               standards relating to location, design, construction and maintenance of septic systems
               (SD 1.100-24.00).

               Regulatory Enforcement Mechanisms:
               The management measure, items 1-3, will be enforced pursuant to the Rules and
               Regulations Establishing Minimum Standards Relating To Loca tion, Design, Construction and
               Maintenance of Individual Sewage Disposal Systems and proposed revisions thereto. In
               addition, the Rhode Island Comprehensive Planning and Land Use Regulation Act
               (RIGL 45-22.2) will be used to require communities to address wastewater
               management.2

               Programmatic Enforcement Mechanisms:
               Also to aid in maintaining compliance, The Rhode Island ISDS Program - through an
               EPA-funded, Fiscal Year 1992 Nonpoint Source Program Workplan project - has

               2 Refer to the Item Current Implementation sections for items 1-3 for further information.


                                                        -6.85-






               17hapter 6


               i -dertaken a septic system maintenance enf c.-cement initiative in the Greenwich Bay
               Watershed. When work in the Greenwich Bay Watershed has been -completed the
               project will proceed to the Coastal Salt Ponds Watershed.

               ITEMIZED BREAKDOWN OF THE MANAGEMENT MEASURE:


               Item (1) Text:
               Establish and implement policies and systems to ensure that existing OSDS are operated and
               maintained to prevent the discharge of pollutants to the surface of the ground and to the extent
               practicable reduce the discharge of pollutants into ground waters that are closely hydrologically
               onnected to the surface waters. Where necessary to meet these objectives, encourage the use of
               low-volume plumbingfixtures, and reduce total phosphorous loadings to the OSDS by 15
               c

               percent (if the use of low-level- phosphate detergents has not been required or widely adopted by
               OSDS users). Establish and implement policies that require an OSDS to be repaired, replaced,
               or modified where the OSDS fails, or threatens or i.mpai.rs surface waters.

               Item (1) Current Implementation:
               To ensure that all existing OSDS are operated and maintained in a manner that prevents
               the discharge of pollutants to surface and ground water, the Regulations state that all
               disposal systems must be operated according to the use requirements (SD 2.04) and
               must be maintained in good repair in accordance with the Regulations; if these
               requirements are not met the Director may order cleaning or repair of the system (SD
               2. 11). In addition, the discharge of poll utants to a watercoursLo.3 (SD 2.07) or the surface
               of the ground (SD 2.08) is prohibited. Moreover, the use of acid and organic chemical
               solvents in any OSDS is prohibited by the Regulations (SD 2.12). To ensure that acid
               and organic chemical solvents are not used in septic systems the director maintains the
               authority to enforce this policy as per the ISDS Regulations. Enforcement actions
               continue to effectively deter these practices. Additionally, RIDEM, URI and other
               agencies have produced and distributed various public outreach materials regarding
               the proper maintenance of septic systems. In part, these outreach materials document
               both the ineffectiveness and pitfalls of acid and organic chemical solvents.

               To ensure that systems can be practicably operated and maintained in a manner
               consistent with the protection of surface and ground water, the discharge of pollutants
               to groundwaters that are closely hydrologically connected to surface waters is reduced
               through location, where septic systems are located according to setbacks and separation
               distances from: watercourses, critical areas4 and other areas of concern (see Table


               3 Watercourse - any river, stream, brook, pond, lake, swamp, marsh, bog, fen, wet meadow, tidewater, or
               any other standing or flowing body of water (5D 1.00).

               4 Critical areas or critical resource areas - those areas deemed by the Director to he particularly sensitive
               to the detrimental effects of nutrients, pathogens, organic chemicals, etc. These areas currently include
               the Salt Pond Region and Narrow River watersheds, and the Scituate Reservoir watershed. New areas
               may be added, but only by amending the Regulations.


                                                    -6.86-







                   Chapter 6
                    

                    1 [from SD 3.05]); and groundwater and other underground features (see Table 2 [from
                    SD 2.16]).


                                              TABLE I MINIMUM SETBACKS FOR OSDS
                                              FROM CRITICAL AREAS IN FEET
                                                   CRITICAL AREAS REQUIRING SETBACKS         I SETBACKS-REQUIRED
                                              Coastal I Pond and Narrow River shoreline features and                150
                                              tributaries including storm and subsurface drains directly
                                              discharging thereto
                                              Other watercourses in the watershed or recharge of a                100
                                              critical resource not directly connected
                                              Subsurface drains designed, or having the potential, to
                                              lower the groundwater in the vicinity of the leachfield
                                              (a) Upgradient of leachfield                                        25
                                              (b) Downgradient of leach field                                       75
                                              Private well where individual sewage disposal system is           150
                                              located in permeable soil (faster than 3 minutes per inch
                                              perc rate)
                                              All watersheds to surface water reservoirs including               200
                                              perennial streams discharging there to and any storm or
                                              Subsurface drains directly dischArging thereto

                    Note= Adapted from the Rules and Regulations Establishing Mininum Standards Relating To Location, Design, Construction and Maintenance of Individual
                    Sewage Disposal Systems (RIDEM, 1992).



                                              TABLE 2 VERTICAL SEPARATIONS IN FEET
                                              TO UNDERGROUND FEATURES
                                              Types of Area                         Water Table         Restrictive Layer
                                              Standard                                     3                        5
                                              Critical Resource Areas                     4                        6


                    Note= Adapted from the Rules and Regulartions Establishing Minimum Standards Relating To Location, Design, Construction of Individual
                    Sewage Disposal Systems (RIDEM, 1992).



                    Discharge of pollutants to ground waters closely hydrologically connected to surface
                    waters is also reduced through design specifications (SD 3.00-13.09). These regulatory
                    sections detail a variety of specifications pertaining to siting, excavation, construction,
                    inflows and outflows, sizing, minimum areas, accessibility etc.

                    To aid in further reducing the discharge of pollutants to ground waters where drainage
                    fields are of a small size or soil examination indicates special conditions, low-volume
                    plumbing fixtures are required throughout the state (Plumbing Code Regulation
                    1503-8).

                    In addition to these requirements, owners must connect to an existing public sanitary
                    sewer where feasible(SD 2.10). When problems are encountered in the operation of an
                    OSDS and public sewage service is reasonably accessible, the Director may require the
                    owner or occupant of an existing building to be connected (SD 2.10).

                    Item (1) Proposed Implementaiton Going Beyond the Management Measure:



                                                                            -6-87-







                Chapter 6


                To maistaiij leachfields and prevent pollution discharge, revisions to the DEM ISDS
                regulations will require the use of double-compartmrnt septic tanks and effluent filters
                in septictanks for all new septic systems and all septic systems being repaired or
                upgraded.

                Item (2) Text:
                Inspect OSDS at afirequency adequate to ascertain wliether OSDS arefailing

                Item (2) Current Implementation:
                To ensure that systems come on line in a fully functioning condition, preconstruction,
                construction and post-construction inspections take place to ensure proper installation,
                construction and design. Site inspections are ordinarially undertaken prior to
                construction to ensure that each OSDS is located in suitable areas (SD 15.00-15.06).
                Furthermore, the accuracy of these soil inspections is certified and recorded (SD 15-06).
                The construction, alteration, or reconstruction of any sewage disposal system must be
                performed by a licensed installer. The installer must certify, via a Certificate of
                Construction, that the system was installed in conformance with the permit and plan as
                approved by the Director of RIDEM (SD 2--05).

                Any, altered or rebuilt system must receive a Certificate of Conformance, prior to use of
                the system and/or sale or occupation of the serviced construction (SD 2.06) and a
                municipality may only grant a Certificate of Occupancy where an applicant provides a
                Certificate of Conformance (SD 2.06(b)). Thus, a system receives an inspection after
                each and every alteration, repair and renovation.

                To ensure that all existing OSDS are operated and maintained properly, the Regulations
                state that all disposal systems must be operated according to the use requirements (SD
                2.04) and must be maintained in good repair in accordance with the Regulations; if these
                requirements are not met, the Director may order cleaning or repair of the system (SD
                2.11). The Regulations further state that an application for repair shall be filed when
                any part of an OSDS fails (SD 2.01(3)). Therefore, to maintain compliance, systems must
                be inspected at a frequency adequate to ascertain failure.

                Moreover, whenever a structure, which is serviced by a septic system, undergoes a
                substantial renovation-or change of use the owner must file for a suitability
                determination (SD 2.00(2)). Under such a determination cesspools are deemed to be
                substandard and must be replaced by a new OSDS in accordance with the current code
                (SD 2.00(4)).

                Also to aid in maintaining compliance, The Rhode Island ISDS Program - through an
                EPA-funded, Fiscal Year 1992 Nonpoint Source Program Workplan project -- has
                undertaken a septic system maintenance enforcement initiative in the Greenwich Bay
                Watershed and the Green Hill Pond area. Dye tracing techniques incorporating
                activated charcoal are used at various selected sites. Stream grab-sampling procedures
                have been conducted using total and fecal coliform parameters. Over 1,500 (1,128 in the


                                                         -6-88-





                 F%7hapter 6


                 C-Penwich Bay area and 40C     the Green Hill Pond area) inspections have been
                 completed with an approximate observed failure rate of 15 percent. As a result of these
                 failures 150 Notices of Violation were delievered in the Greenwich Bay area and
                 approximately 20 were delievered in the Green Hill Pond area. Most of these failures
                 involved minor problems, however, approximately 20 septic system owners were
                 required to file Applications for Repair. Virtually all the violators have taken
                 appropriate action to address the failures. In instances of noncompliance more vigilent
                 enforcement was pursued as necessary. Inspection and enforcement will continue
                 contingent on the availability of funds and resources. Priority will be given to those
                 areas identified through the priority-setting procedure of the revised Section 319 Plan.
                 This process is more thoroughly described in the revised Section 319 Plan, which has
                 been provided in the Appendices.

                 In addition, state enabling legislation authorizing communities to adopt and implement
                 Wastewater Management Districts, was approved in 1987. A handbook entitled
                 Wastewater Management Districts ... A Starting Point, prepared by the Rhode Island
                 Department of Administration, Division of Planning, sets forth a step by step approach
                 to establishing and administering a Wastewater Management District. Moreover, a
                 model ordinance is contained in the handbook to facilitate community adoption of this
                 program.

                 In accordance with the Rhode Island Comprehensive Planning and Land Use
                 Regulation Act (RIGL ï¿½45-22.2), all Rhode Island communities must prepare and adopt
                 comprehensive plans that are consistent with the Rhode Island State Guide Plan and state
                 agency policy plans such as Rhode Island's Nonpoint Source Management Plan. The
                 existing and draft revised nonpoint plans establish a policy for communities to
                 11 establish local Wastewater Management Districts to improve septic system
                 maintenance and management." Once a nonpoint source pollution management
                 element of the.State Guide Plan has been adopted, cities and towns that have unsewered
                 areas can be required to include a strategy to deal with OSDS maintenance, to have their
                 comprehensive plans approved by the Division of Planning. Thus, adoption of the
                 Nonpoint Source Pollution Management Plan as an element of the State Guide Plan will
                 provide a stronger and more direct link between State nonpoint source pollution policy
                 and municipal nonpoint source pollution policy. The Rhode Island Department of
                 Environmental Management, Nonpoint Source Pollution Management Program
                 currently reviews all comprehensive plans for consistency with Rhode Island's Nonpoint
                 Source Management Plan. If the Nonpoint Source Pollution Management Program finds
                 a comprehensive plan to be inconsistent'. the finding indicates to the Division of
                 Planning that problems exist which should be rectified in order for the plan to receive
                 approval from the state. The Nonpoint Source Pollution Management Program
                 currently recommends the inclusion of Wastewater Management Districts or another
                 suitable OSDS inspection and maintenance program for any and all plans thatclo not
                 contain a policy for the adoption of a Wastewater Management District or a policy
                 mandating the regular inspection and maintenance of OSDS. As a result of this and



                                                         -6.89-







               Chapter 6                                                                          Urban


               other efforts, two Rhoelv? Island municipalities hav:: -idopted ordinances for wastewater
               management: Narragansett and Charlestown.

               To be certain that communities have the specific technical knowledge required to ensure
               implementation of this management measure, RIDEM's Nonpoint Source Program has
               irdtiated a "Coastal Nonpoint Program Implementation" project as part of the FY 1995
               Nonpoint Pollution Management Program. Work Plan. Through the project, the
               Nonpoint Source Pollution Program provides technical assistance to communities that
               includes, but is not limited to, developing educational materials, developing community
               ordinances, establishing strong administrative mechanisms, and programmatic
               troubleshooting.

               The Nonpoint Source Pollution Program is currently working with the town of
               Charlestown, which adopted a wastewater management district ordinance in
               November of 1994 and is now working to implement it. The Town of Narragansett has
               also developed and implemented a septic system maintenance ordinance that requires
               pump-out every four years. Other Rhode Island communities will be assisted on an as
               needed basis, giving highest priority to those communities with pollution problems
               linked to septic systems.

               Item (2) Proposed Compliance Strategy:
               To further implement this management measure, Rhode Island is considering.
               regulatory revisions that require an operating permit for large systems-5 and alternative
               systems, which will mandate maintenance for new and existing large and alternative
               septic systems. This will administered by the State. To maintain leachfields and
               prevent pollution discharge, revisions to the DEM ISDS regulations will require the use
               of double-compartmrnt septic tanks and effluent filters in septictanks for all new septic
               systems and all septic systems being repaired or upgraded.

               Rhode Island is also currently considering a change of ownership requirement. This is
               documented in the revised Rhode Island Nonpoint Source Pollution Management Plan.
               The Plan states this in recommendation 44 for Policy 1.5 of the On-Site Sewage Disposal
               Systems section:

                     Consider legislation or some other appropriate mechanism to require upgrades
                     of substandard or failed OSDS when properties are sold.


               Item (3) Text:
               Consider replacing or upgrading OSDS to treat influent so that the total nitrogen loadings in
               the effluent are reduced 1@y 50 percent. This provision applies only:



                A large system is any system or combination of systems designed, installed or operated as a single unit
               to treat more than 50(K) gallons per day.


                                                        -6.90-




                  =-)ter 6                      1 A                            @@ I

                  (a) where conditions indicate that nitrogen-lim.'.-d surface waters may be adve.@_ -ly affected by
                  significant ground water nitrogen loadingsfrom OSDS, and
                  (b) where n itrogen loadings fiom OS DS a re delivered to grou nd wa ter that is closely
                  hydrologically connected to surface water.

                  Item (3) Current Implementation:
                  To allow for system replacement and upgrade where excessive nitrogen loadings may
                  be delivered to ground or surface waters, the Regulations require that during any
                  building renovation or change of use and during any system repair or alteration that the
                  Director must make a suitability determination (SD 2.00(3)). To receive a positive
                  determination a system must be able to adequately dispose of the proposed sewage
                  flows so as to protect public health and the environment (SD 2.00(3)(A)). Where
                  feasible, owners must connect to an existing public sewer service (SD 2.10).

                  To ensure that existing OSDS have the least potential to adversely affect the quality of
                  surface or ground waters, applicants must, to the greatest extent possible, demonstrate
                  compliance with the Regulations when undertaking a renovation or change of use
                  and/or during alteration or repair to an OSDS (SD 2.01(3)(D) and SD 2.01(2)(E)) and
                  repairs shall be made when any part of a system fails (SD 2.01(3)).

                  To help prevent the discharge of excessive nutrients to nitrogen-limited waters and
                  other areas of concern, the Regulations allow alternative systems, such as nitrogen-
                  reduction CISDS, in Critical Resource Areas (SD 14.00-14.07). Critical Resource Areas
                  include the Coastal Ponds, Narrow River Watershed and the Scituate Reservoir
                  Watershed (SD 19-00). This is inclusive of nitrogen-limited surface waters6. At the
                  present, the only large scale composting toilet facility in the State is located at a
                  recreational beach pavilion operated by the State. The composted waste is removed
                  once per season and is added to the compost pile at a local municipal composting
                  facility. RIDEM will be adding composting maintenance measure requirements within
                  the revised codes.


                  Additionally, alternative absorption fields are required in a building being served by a
                  private well (SD 2.14) and low-flow toilets are required for all new and replacement
                  systems (Plumbing Code Regulation ï¿½1503.8).

                  Item (3) Proposed Compliance Strategy:
                  To further implement this management measure, Rhode Island proposes to require the
                  installation of alternative OSDS in nitrogen-limited waters.


                  6 Nitrogen-limited surface waters are those surface waters in which nitrogen loading from groundwater
                  is documented to cause a significant adverse effect. Currently, the only areas demonstrated to be
                  adversely affected by nitrogen loading from groundwater are those areas defined in The State of Rhode
                  Island Coastal Resources Manageinent Pro@Vrain Special Area Management Plans(Salt Pond Region and
                  Narrow River). Other areas will be included as Critical Resource Areas, if nitrogen loading from
                  groundwater is documented to create a significant adverse effect.


                                                                 -6-91-






              17hapter 6                                                                    MTM



              OVERALL PROGRAM EFFECTIVENESS:

              Length of time program in existence:
              The Rules and Regulations Establishing Minimum Standards Relating To Location, Design,
              Construction and Maintenance of Individual Sewage Disposal Systems were promulgated in
              1968 and were mi ost recently amended May 29, 1992. The amended Regulations became
              effective June 18, 1992.

              Degree of Implementation:
              The program is fully implemented as defined in the Rules and Regulations Establishing
              Minimum Standards Relating To Location, Design, Construction and Maintenance Of
              Individual Sewage Disposal Systems (SD 1.00-24.00).







































                                                      -6.92-







               Chapter 6                                                                      Urban


               Pollt@.' Ion Prevention




                                                 Pollution Prevention
                             Implement pollution prevention and education programs to
                             reduce nonpoint source pollutants generated from the
                             following activities, where applicable:
                             * the improper storage, use, and disposal of household
                              hazardous chemicals, including automobile fluids,
                              pesticides, paints, solvents, etc.;
                             * lawn and garden activities, including the application and
                              disposal of lawn and garden care products, and the
                              improper disposal of leaves and yard trimmings;
                             - turf management on golf courses, parks, and recreational
                              areas;
                             * improper operation and maintenance of onsite disposal
                              systems;
                             * discharge of pollutants into storm drains including
                              floatables, waste oil, and litter;
                             * commercial activities including parking lots, gas stations,
                              and other entities not under NPDES purview; and,
                             * improper disposal of pet excrement.

                             *Tliis mant@gement measure does not liam to 17e implemented with
                                                 enforceal)le policies



               Applicability

               This management measure applies to all areas within the 6217 management area.


               Programs Implementing the Measure

               A number of programs in Rhode Island currently address some aspect of this measure.
               These programs are administered by state agencies as well as private non-profit groups.
               At this time, the Interagency Nonpoint Source Advisory Committee expects to assume a
               coordinating role. The Committee would identify pollution reduction, prevention and
               education programs, gaps with regard to implementation of this measure, and assist in
               the coordination and development of new programs.





                                                        6.93-







            Chapter 6


             i ensure proper disposal L.household hazardous waste, including automob e fluids,
            pesticides, paints, solvents, etc., Rhode Island has recently opened a household
            hazardous waste collection facility called the Eco-Depot. This $400,000 facility is open
            to Rhode Island residents, two Saturdays a month, by appointment. The Eco-Depot is
            located at Fields Point in Providence, central to residents of Greater Providence area
            and outlying Rhode Island municipalities. A hazardous waste transporter/ contractor,
            contracted by RIDEM, is responsible for facility operations that include removing
            wastes from vehicles; identification, classification, consolidation, containerization and
            transportation; treatment and disposal of wastes through approved facilities; required
            documentation and reports; and staff training. An RIDEM staff member is present on
            each collection day for supervision and oversight, and for information/ education.

            To prevent lawn and garden activities from generating nonpoint source pollutants, the
            revised Nonpoint Source Management Plan includes a section, entitled "Lawn Care and
            Grounds Management." This section of the plan contains six recommendations that
            promote public education, technical training programs for grounds managers, and the
            development and distribution of guidance materials. Rhode Island has already
            developed and circulates a variety of outreach materials such as fact sheets, brochures,
            and booklets that describe proper lawn care and grounds management. Some of these
            are as follows.


                  Materials                                Author
                  Home-Lawns                               Land Management Project
                  Low-M_aintenance Land5caping                          1.                    1
                  Vegetated Buffer Strips                               If
                  Alternative Turf

                  OSCAR's Guide to Waste                   DEM Office of Environmental
                  ReduCtion: Watch Your Waste              Coordination
                  OSCAR's Guide to Home
                  Composting: Turning Your Spoil5
                  to Soil (video available)
                  OSCAR's Guide to Lawn Care:
                  Don't Trash Grass (Video
                  available)
                  Reduging Pollution Around the
                  Housg

                  Vegetative Buffers in the Coastal        University of Rhode IslandlCoastal
                  Zone                                     Resources Center

                  Buffer Zone Management                   Coastal Resources Management
                  Guidance                                 Council





                                               -6.94-






                Chapter 6


                Going beyori,@ the ma  gement measure, Rhode Island. has developed enforceable
                policies through both the Coastal Resources Management Program and the Freshwater
                Wetlands Program that require vegetative buffers around all wetlands (in Rhode Island
                wetlands are inclusive of all surface waters and areas subject to storm flowage) and
                special enlarged buffers around critical coastal areas, surface drinking water bodies and
                other areas considered to be sensitive to the effects of water pollution. These policies
                are more fully discussed in the Wetlands Management Measures.
                in Rhode Island, municipal recycling has become both an effective tool for public
                education, as well as a way to reduce land filling. Over 95 percent of Rhode Islanders
                participate in either mandatory or voluntary municipal recycling programs. These
                programs include not only curb-side collection of newspapers, glass food and drink
                containers, tin cans, aluminum cans, and plastic milk jugs and soda bottles, but also
                centralized facilities for used-motor--oil recycling and yard-waste composting.

                Going beyond the management measure, the State has also developed a mandatory
                commercial-waste recycling program that requires all Rhode Island businesses to
                recycle corrugated cardboard, office paper, newspaper, telephone directories, glass food
                and beverage containers tin-coated steel cans/steel cans, aluminum, and HDPE and
                PET plastic beverage containers. To implement the program, all employers of over 50
                people have been required to submit a plan for reduction and recycling of solid waste.
                To assist employers, RIDEM developed and distributed various recycling guides and
                handbooks.

                To ensure that commercial activities such as parking lots, gas stations, and other entities
                not under RIPDES purview do not create nonpoint source pollution problems, the
                revised Nonpoint Source Pollution Management Plan includes recommendations for
                proper management. These recommendations are within the source-specific sections of
                the Statewide Management Strategies part of the plan, entitled "Underground
                Discharges," "Storage Tanks," and "Hazardous Materials."

                The revised Nonpoint Source Pollution Management Plan also covers improper
                disposal of pet excrement in the section entitled "Domestic and Wild Animals." This
                section recommends: municipal ordinances to require pet owners to clean up and
                properly dispose of pet droppings; efforts to discourage the feeding of waterfowl at
                sensitive areas; and the implementation of proper animal waste storage for backyard
                livestock operations that are belov%, the regulatory threshold of RIPDES and CZARA.

                Also as part of this management measure, Rhode Island implements an enforceable
                prohibition on the use of septic system additives and has developed a technical
                assistance and outreach project, as part of the 319 Program's FY 1995 Work Plan, to
                assist communities with implementing Wastewater Management Districts. These are
                more fully discussed in the OSDS Management Measures.





                                                        -6-95-







               Chapter 6


               Plannin& Sitin& and Devek,ling Rc;.-ids and Highways



                                 Planning, Siting, and Developing Roads and Highzva@ils
                            Plan, site and develop roads and highways to:
                            1) Protect areas that provide important water quality
                               benefits or are particularly susceptible to erosion or
                               sediment loss;
                            2) Limit land disturbance such as clearing and grading and
                               cut and fill to reduce erosion and sediment loss; and,
                            3) limit disturbance of natural drainage features and
                               vegetation.



               Applicability

               Site development and land disturbing activities for new, relocated, and reconstructed
               (widened) roads (including residential streets) and highways.


               Programs Implementing the Measure

               This management measure is or will be implemented by the following programs:

                      9 Rhode Island Coastal Resources Management Program; and,
                      * RIDEM, Division of Freshwater Wetlands Rules and Regulations.
                      * RIDEM Division of Water Resources, Water Quality Regulations and Water
                        Quality Certification Program
                      * State Acts Related to Land Use Planning
                      * State Guide Plan


               These programs and how they implement or will implement the management measure
               are described in more detail below. It should be noted that many of the projects to
               which this management measure applies are subject to the RIPDES Program and permit
               requirements. In addition, state road projects are generally subject to local endorsement
               and a minimum of two public hearings prior to being undertaken. Furthermore, AU
               development activities, including road and highway projects are subject to state and
               local regulations. Road and highway projects undergo public hearings, as noted above,
               and coordination between the regulatory agencies and affected local communities,
               Therefore, the management measure will be implemented through the existing state
               regulatory programs and applicable State Guide Plan elements. For a more detailed




                                                       .6.96-






                Chapter 6                                                              @NLIJIIF MIE


                description of this management measure's implementati-:@;-. state-0-ide for all site
                development activitysee the Site Development managern ent measure section.


                Rhode Island Coastal Resources Management Program

                This management measure will also be implemented by the Rhode Island Coastal
                Resources Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance with
                the permit requirements as specified in the Rliode Island Coastal Resources Management
                Program (RICRMP). For more information on the nature of the program and the permit
                process see the discussion contained in Chapter 2. For more information on the
                management measure's oversight and the program's overall effectiveness see the New
                Development Management Measure

                Implementation of the Measure
                The Planning, Siting, and Developing Roads and Highways Management Measure will
                be implemented by the CRMC pursuant to various requirements contained in the
                RICRMP (Appendix E). The requirements of this section apply to all new and
                alterations to existing roadways, highways,, bridges, parking lots, railroad lines and.
                airports. There are several important ways that this measure will be implemented
                witl-dn CRMC jurisdiction, including the poorly flushed estuaries addressed Special.
                Area Management Plan areas.

                      1. Requirements contained in RICRMP Section 300.13

                Section 300.13 of the RICRMP contains policies and standards for public roadways,
                bridges, parking lots, railroad lines and airports. The Council requires that:

                      All roadways, highways, parking lots, railroads lines, and airports shall be
                      planned, sited, and designed to:

                         i) protect areas that provide important water quality benefits or are
                            particularly susceptible to erosion and sediment loss;
                         ii) limit land disturbances such as clearing and grading and cut and fill to
                            reduce erosion and sediment loss;
                         iii) limit disturbances of natural drainage features and vegetation; and,
                         iv) limit the increase of impervious surface areas, except where
                            necessary. (RICRMP Section 300-13.C.1).

                In addition, the conditions imposed on an Assent may include requirements other than
                those specifically mentioned in the regulations (i.e., specific maintenance requirements
                for a particular project).

                      2. Rhode Island Soil Erosion and Sediment Control Manual




                                                       -6-97-







               Chapter 6


               See the discussion contained in the Site Development Management Measure.


                     3. Rhode Island Stortnwater Design and Installation Standards Manual

               See the discussion contained in the Site Development Management Measure.

                     4. Other RICRMP requirements related to site development

               See the discussion contained in the Site Development Management Measure


               RIDEM Division of Freshwater Wetlands Rules and Regulations

               This management measure will also be implemented by the Rhode Island Department
               of Environmental Management (RIDEM), Division of Freshwater Wetlands pursuant to
               R.I.G.L. 2-1 et. seq., 42m17.1-1 et. seq., 42-17.6-1 et. seq., and 42-35-1 et. seq. (Appendix A)
               in accordance with the requirements specified in. the Rules and Regulations Governing the
               Administration and Enforcement of the Freshivater Wetlands Act (Appendix 8). For more
               information on the natureof that program and its permit process and requirements, see
               the discussion contained in Chapter 2, and the discussions, addressing the Wetlands
               Management Measures. For more information on this management measure's oversight
               and overall effectiveness of the program see the discussion contained in the New
               Development Management Measure.

               Implementation of the Measure
               In consideration of existing land use and development patterns, as well as the natural
               features of the State, it would be virtually impossible to construct, relocate, or
               reconstruct any road in Rhode Island without a permit from the RIDEM, Division of
               Freshwater Wetlands or the CRMC. Activities subject to the requirements of this
               measure and which fall under the authority of the Division of Freshwater Wetlands are
               required to meet the same permit requirements as any project which: proposes to alter a
               freshwater wetland; will occur, either partially or wholly within freshwater wetlands;,
               due to their close proximity to wetlands, or to the size or nature of the project or
               activity, will, in all likelihood, result in an alteration of the natural character of any
               freshwater wetland. Accordingly, this management measure is implemented by the
               Freshwater Wetlands Program in the same manner as the Site Development
               management measure. .                                                                     I

               RIDEM Division of Water Resources, Water Quality Regulations and Water Quality
               Certification Program

               See discussion contained in the New Development Management Measure



                                                      .6.98-






                K-1hapter 6



                State Acts Related to Land Use Planning

                This management measure is currently implemented statewide through the
                requirements of the Comprehensive Planning Program (R.I.G.L. 45-22.2), the Zoning
                Enabling Act (R.I.G.L. 45-24), the Land Development and Subdivision Review Enabling
                Act of 1992 and the Rhode Island Soil Erosion and Sediment Control Act. These three
                interrelated sets of statutory requirements are administered at the state level by the
                Rhode Island Department of Administration, Division of Planning (RIDOP). For a more
                detailed discussion of these Acts see Chapter 2. For a more detailed discussion of the
                management measure's oversight, as well as the program's overall effectiveness, see the
                discussion in the section addressing the New Development Management Measure.

                Implementation of the Measure

                       1. The Rhode Island Comprehensive Planning and Land Use Regulation Act

                Pursuant to the Comprehensive Planning Program, all municipalities are required to
                develop comprehensive land use plans which, at a minimum, address a specific series
                of elements, and to change their zoning ordinances to be consistent with the
                comprehensive plan. In addition, the comprehensive plans must be consistent with the
                policies contained in the State Guide Plan, and the goals and policies of relevant state
                agencies. The. State Guide Plan contains policies such as avoiding the conversion of areas
                particularly susceptible to erosion, and preserving areas that provide important water
                quality benefits (Element 121: State Land Use Policies and Plan).

                Rhode Island's Comprehensive Planning and Land Use Regulation Act (1988) requires
                the Director of the Department of Administration to develop standards to assist
                municipalities in the incorporation of the State's goals and policies into local
                comprehensive plans (R.I.G.L. 45-22.2-10(B)). At a minimum, a community is required
                to inventory highways, parking facilities, rail marine, special pedestrian or bicycle
                facilities, and accident records to assess and forecast needs. In particular, the Act
                requires the circulation element of local plans to consider the impact of transportation
                facilities on sensitive natural and CUItUral resources within municipalities. Local
                policies should address the role of local development and other controls in the
                improvement of transportation systems elements.

                Comprehensive plans must also contain a natural and cultural resources element which
                requires communities to provide for the protection and management of natural
                resources, including water, watersheds, natural vegetation systems, wetlands, soils, and
                other natural resources (R.I.G.L. 45-22.2-6.E). Accordingly, the comprehensive plans
                identify areas of potential concern (e.g., poor soils, wetlands, sensitive habitats, etc.) and
                also recommend zoning these areas in a manner which protects them. Comprehensive
                plans also recommend such pollution prevention techniques as setback and buffer



                                                          -6-99-







               Chapter 6


               standards, c! ster zon:,.---,g,, limiting impervious surfaces, purchasing development rights,
               land acquisition, slope restrictions and establishing land trusts.

                      2. Rhode Island Zoning Enabling Act of 1991

               Further requirements are indicated for communities in the Rhode Island Zoning
               Enabling Act of 1991 R.I.G.L. 45-24-27 - 45-24-72). Among the standard provisions of the
               Act relating to the development of roads, highways and bridges in Rhode Island are
               requirements for the following:

                      (3) Permitting, prohibiting, limiting, and restricting buildings, structures, land
                         uses, and other development by performance standards, or other
                         requirements, related to.air and water and groundwater quality, noise and
                         glare, energy consumption, soil erosion and sedimentation, and/or the .
                         availability and capacity of existing and planned public or private services;

                      (4) Regulating within each district and designating requirements for:
                         (f) Parking areas, road design, and, where appropriate, pedestrian, bicycle,
                             and other circulator systems;
                         (h) Appropriate drainage requirements and methods to manage stormwater
                             runoff;

                      (7) Providing for the protection of existing and planned public drinking water
                         supplies, their tributaries and watersheds, and the protection of Narragansett
                         Bay, its tributaries and watershed;

                      (12) Providing standards for and requiring the provision of adequate and
                         properly designed physical improvements, including plantings, and the
                         proper maintenance of property;

                      (13) Permitting, prohibiting, limiting, and restricting land use in areas where
                         such development is deemed to create a hazard to the public health or safety;

                      (20) Designating special protection areas for water supply and limiting or
                         prohibiting development in these areas, except as otherwise provided by state
                         statute. (R.I.G.L. 45-24-33.A)

               In additi on, a zoning ordinance may contain special provisions for:

                      (3) Regulating development adjacent to designated scenic highways, scenic
                         waterways, major thoroughfares, public greenspaces, or other areas of special
                         public investment or valuable natural resources. (R.I.G.L. 45-24-33.B)

                      3. Land Development and Subdivision Review Enabling Act of 1992



                                                        -6.100-






                Chapter 6                                                                           Urban


                The general provisions of the 1992 Land Development and Subdivision Review Act
                applies other requirements to all land development projects, industrial, commercial, and
                subdivisions of land within municipalities. Relative to the development of the
                infrastructure for roads, highways and bridges, the provisions include physical design
                requirements (R.I.G.L. 45-23-44), public design and improvement standards (R.I.G.L. 45-
                23-45), and a requirement for construction and/or improvement guarantees that
                address the maintenance issues cited in several of the Urban management measures
                (R.I.G.L. 45-23-46).

                       4. Rhode Island Soil Erosion and Sediment Control Act


                See the discussion contained in the Site Development Management Measure.


                The State Guide Plan

                As previously stated, the State Guide Plan (SGP) is a collection of elements that address
                statewide systems planning for physical development and environment, economy and
                human services. The policies below give a brief overview of some of the
                recommendations cited within various elements of the SGP that address the
                management measure for planning, siting and developing roads, highways, and bridges
                within the Rhode Island.


                The two fundamental SGP objectives guiding the formulation of plans and
                implementation of programs useful in guiding the future development of the state's
                environment are as follows:

                       1.  achievement of a harmonious relationship between population and the natural
                           environment; develop land use plans which accommodate patterns of
                           urbanization and economic development in a manner which considers
                           environmental capacity and offers a range of alternative locations consistent
                           with wise use and balanced uses of natural resources,

                       2.  provide a balanced and integrated multi-modal intrastate transportation
                           system which provides efficient and economical movement between
                           component parts of the state and offers maximum possible mobility to all
                           elements of our society.

                The stated purpose of the State Land Use Policies and Plan (Appendix 0) is to "guide
                future land use and development by recommending policies to guide municipalities in
                implementing their comprehensive planning, zoning, and other land use
                responsibilities, as well as guide the state and its agencies in activities directly or
                indirectly affecting land use." Highway projects included in the state's Transportation
                Improvement Program (a prerequisite for federal transportation funding) must be
                .consistent with the State Guide Plan. Other elements of the SGP such as the Ground



                                                          -6.101-






               Chapter 6                                                                       WE d RAM


               Transportation Plan "Uement 611), the Compreliensive Conservation ond Management Plan
               for Narragansett Bay (CCMP) (Appendix P), the Scituate Reservoir Watershed
               Management Plan (Appendix Q) also promote the development of strategies and
               programs that contribute to the implementation of environmental policies.

               In addition to being consistent with the policies contained in the State Guide Plan, the
               comprehensive plans must also be consistent with other state policies and w1atershed
               management plans. These regional watershed management plans include the Salt
               Ponds Special Area Management Plan (Appendix G) and the Narrow River Special Area
               Management Plan (Appendix H). These regional watershed plans and management
               programs also contain policies and recommendations which implement this measure".

               Comprehensive plans must also be coordinated with other municipalities and agencies
               for the management of resources and facilities that extend beyond the municipal
               boundaries such as rivers, aquifers, transportation facilities and others (R.I.G.L. 42-22.2-
               7)-

               Rhode Island  will further and more explicitly implement this management measure    by
               incorporating the updated Nonpoint Source Management Plan (developed and revised
               in accordance with the requirements contained in Section 319 of the Clean Water Act) as
               a new element of the State Guide Plan.



































                                                       -6.102-







                Chapter 6


                Bridges



                                                         Bridges
                              Site, design, and maintain bridge structures so that sensitive
                              and valuable aquatic ecosystems and areas providing
                              important water quality benefits are protected from adverse
                              effects.




                Applicability

                This management measure applies to new, relocated, and rehabilitated bridge
                structure s.



                Programs Implementing the Measure

                This management measure is or will be implemented by three programs:

                       - Rhode Island Coastal Resources Management Program; and,
                       o RIDEM, Division of Freshwater Wetlands Rules and Regulations.
                       o RIDEM, Division of Water Resources, Water Quality Regulations and Water
                         Quality Certification Program
                       - State Acts Related to Land Use Planning
                       o State Guide Plan



                Rhode Island Coastal Resources Management Program

                This management measure will also be implemented by the Rhode Island Coastal
                Resources Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance with
                the permit requirements as specified in the Rliode Island Coastal Resources Management
                Program (RICRMP). For more information on the nature of the program and the permit
                process see the discussion contained in Chapter 2. For more information on the
                management measure's oversight and the program's overall effectiveness see the New
                Development Management Measure. Please note that all bridge construction and
                subsequent maintenance activities are subject to the applicable state regulatory permits
                and attached permit conditions.






                                                        -6.103-





               Chapter-6

               'r-nplementation of the Measure
               The Bridges Management Measure will be implemented by the CRMC pursuant to
               various requirements contained in Section 300.13 of the RICRMP (Appendix ?) The
               requirements of this section apply to all new, or alterations or improvements to existing
               bridges. There are several important ways that this measure will be implemented.

                     1. Requirements contained in RICRMP Section 30013

               The requirements of this section apply to all new, and alterations and improverhents to
               existing roadways, highways, bridges, parking lots, railroad lines, and airports.
               Specifically, it is the Council's policy that:

                     All bridge structures shall be sited, designed, and maintained so that sensitive
                     coastal habitat areas such as coastal wetlands and areas providing important
                     water quality benefits are protected from adverse effects. (RICRMP Section
                     300-13.C.2)

               It is also important to mention that conditions imposed on an Assent may include
               requirements other than those specifically mentioned in the regulations (i.e., specific
               maintenance requirements for a particular project).

                     2. Rhode Island Soil Erosion and Sediment Control Manual


               See the discussion contained in the Site Development Management Measure.


                     3. Rhode Island Stormwater Design and Installation Standards Manual

               See the discussion contained in the Site Development Management Measure.

                     4. Other RICRMP requirements related to site development

               See the discussion contained in the Site Development Management Measure.


               RIDEM Division of Freshwater Wetlands Rules and Regulati     ons

               This management measure will also be implemented by the Rhode Island Department
               of Environmental Management (RIDEM), Division of Freshwater Wetlands pursuant to
               R.I.G.L. 2-1 et. seq., 42-17.1-1 et. seq., 42-17.6-1 et. seq., and 42-35-1 et. seq. (Appendix A)
               in accordance with the requirements specified in the Rules and Regulations Governing the
               Administration and Enforcement of the Freshzvater Wetlands Act (Appendix B). For more
               information on the nature of that program and its permit process and requirements, see
               the discussion contained in Chapter 2, and the discussions addressing the Wetlands
               Management Measures. For more information on this management measure's oversight


                                                      -6.104-






                  Chapter 6


                  and overall effective.i -@!-ss of the program see the discussion contained in the New
                  Development Management Measure.

                  Implementation of the Measure
                  The Management Measure for bridges is currently implemented by the RIDEM,
                  Division of Freshwater Wetlands pursuant to the Rules and Regulations Governing the
                  Administration and Enforcement of the Freshwater Wetlands Act (Appendix B). As noted in
                  the Site Development management measure for roads, bridges and highways, it is
                  impossible to construct, relocate, or reconstruct any bridge in Rhode Island without a
                  permit from the RIDEM, Division of Freshwater Wetlands or the CRMC. 'Activities
                  subject to the requirements of this measure and which fall under the authority of the
                  Division of Freshwater Wetlands are required to meet the same permit requirements as
                  any project which: proposes to alter a freshwater wetland; will occur, either partially or
                  wholly within freshwater wetlands; due, to their, close proximity to wetlands, or to the
                  size or nature of the project or activity, will, in all likelihood, result in an alteration of
                  the natural character of any freshwater wetland. Accordingly, this management
                  measure is implemented by the Freshwater Wetlands Program through the
                  requirements for impact analysis, elimination, avoidance and minimization (Rule 10.03)
                  and through the review criteria contained in the Rules-Specifically, applications are
                  subject to review criteria which include demonstrating to the Director that the project
                  will not result in

                         1. Significant reduction in the overall wildlife production and/or diversity of a
                            wetland;

                         12. Any reduction in water quality functions and values or negative impacts to
                            natural water quality characteristics, either in the short- or long-term, by
                            modifying or changing: water elevations, temperature regimes, volumes,
                            velocity of flow regimes of water; increasing turbidity; decreasing oxygen;
                            causing any form of pollution; or modifying the amount of flow of nutrients so
                            as to negatively impact wetland functions and values.


                  RIDEM Division of Water Resources, Water Quality Regulations and Water Quality
                  Certification Program-

                  See discussion contained in the New Development Management Measure


                  State Enabling Legislation Related to Land Use Planning

                         1. Rhode Island Comprehensive Planning and Land Use Regulation Act

                  See the discussion contained in the Management Measure for Planning, Siting, and
                  Developing Roads and Highways.


                                                              .6-105-







              Cliapter 6



                    2. Rhode Island Zoning Enabling Act of 1991

              See the discussion contained in the Management Measure for Planning, Siting, and
              Developing Roads and Highways.

                    3. Land Development and Subdivision Review Enabling    Act of 1992

              See the discussion contained in the Management Measure for Planning, Siting, and
              Developing Roads and Highways.

                    4. Rhode Island Soil Erosion and Sediment Control Act


              See the discussion contained in the Site Development Management Measure.

              The State Guide Plan

              See the discussion contained in the Management- Measure for Planning, Siting, and
              Developing Roads and Highways.
































                                                   -6.106-






              Chapter 6


              Construction Projects



                                            Construction Projects
                          1) Reduce erosion and, to the extent practicable, retain
                            sediment onsite during and after construction and
                          2) prior to land disturbance,- prepare and implement an
                            approved erosion control plan or similar administrative
                            document that contains erosion and sediment control
                            provisions.




              Applicability

              This management measure applies to new, replaced, restored, and rehabilitated road,
              highway, and bridge construction projects.


              Programs Implementing the Measure
              This management measure is or will be implemented by the following programs:

                    - Rhode Island Coastal Resources Management Program; and,
                    * RIDEM, Division of Freshwater Wetlands Rules and Regulations.
                    * RIDEM Division of Water Resources, Water Quality Regulations and Water
                      Quality Certification Program
                    * State Acts Related to Land Use Planning
                    * State Guide Plan



              Rhode Island Coastal Resources Management Program

              This management measure will also be implemented by the Rhode Island Coastal
              Resources Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance With
              the permit requirements as specified in the Rliode Island Coastal Resources Management
              Program (RICRMP). For more information on the nature of the program and the permit
              process see the discussion contained in Chapter 2. For more information on the-
              management measure's oversight and the program's overall effectiveness see the New
              Development Management Measure.






                                                 -6.1 07-






               Chapter 6


               Imy 1-mentation of the Measure
               The Construction Projects Management Measure will be imple      mented by the CRMC
               pursuant to various requirements contained in Section 300.13 of the RICRNW. The
               requirements of this section apply to new, or alterations or improvements to existing
               roadways, highways, bridges, parking lots, railroad lines, and airports. There are
               several important ways that this measure will be implemented.

                      1. Requirements contained in RICRMP Section 300.13

               In accordance with Council requirements, as contained in Section 300.13:

                      Applicants shall reduce erosion and, to the maximum extent practicable, retain
                      sediment on-site during and after construction. Applicants shall prepare and
                      implement an erosion and sediment control plan in accordance with all of the
                      policies and standards contained in Section 300.2., Filling Removi '
                                                                                         .ng or grading
                      of Shoreline Features (RICRMP Section 300.13.D.3).

               It is also important to mention that the important conditions imposed on an Assent may
               include requirements other than those specifically mentioned in the regulations (i.e.,
               maintenance requirements for a specific project)

                      2. Rhode Island Soil Erosion and Sediment Control Manual


               See the discussion contained in the Site Development Management Measure.

                      3. Rhode Island   Storinivater Design and Installation Standards Manual

               See the discussion contained in the Site Development Management Measure.

                      4. Other RICRMP requirements related to site development

               See the discussion contained in the Site Development Management Measure.


               RIDEM Division of Freshwater Wetlands Rules and Regulations

               This management measure will also be implemented by the Rhode Island Departme          nt
               of Environmental Management (RIDEM), Division of Freshwater Wetlands pursuant to
               R.I.G.L. 2-1 et. seq., 42-17.1-1 et. seq., 42-17.6-1 et. seq., and 42-35-1 et. seq. (Appendix A)
               in accordance with the requirements specified in the Rules and Regulations Governing the
               Administration and Enforcement of the Fresh7vater Wetlands Act (Appendix B). For more
               information on the nature of that program and its permit process and requirements, see
               the discussion contained in Chapter 2, and the discussions addressing the Wetlands
               Management Measures. For more information on this management measure's oversight



                                                         -6.108--






                K_'hapter 6


                and overall effectiveness c f the program see the discussion. contained in the New
                Development Management Measure.

                Implementation of the Measure
                The Construction Projects Management Measure for road, highway and bridge
                construction projects is currently implemented by the RIDEM, Division of Freshwater
                Wetlands pursuant to the Rules and Regulations Governing the Administration and
                Enforcement of the Freshwater Wetlands Act (Appendix B). It is again important to note
                that is highly probable that projects subject to the applicability criteria of this
                management measure will require a permit from either the RIDEM, Division of
                Freshwater Wetlands or the CRMC. Activities subject to the requirements of this
                measure and which fall under the authority of the Division of Freshwater Wetlands are
                required to meet the same permit requirements as any project which: proposes to alter a
                freshwater wetland; will occur, either partially or wholly within freshwater wetlands;
                due to their close proximity to wetlands, or to the size or nature of the project or
                activity, will, in all likelihood, result in an alteration of the natural character of any
                freshwater wetland. Accordingly, this management measure is implemented by the
                RIDEM, Division of Freshwater Wetlands in the same manner as the Construction Site
                Erosion and Sediment Control Management Measure.'


                RIDEM Division of Water Resources, Water Quality Regulations and     Water Quality
                Certification Program

                See discussion contained in the New Development Management Measure


                State Acts Related to Land Use Planning

                      1. Rhode Island Comprehensive.Planning and Land Use Regulation Act

                See the discussion contained in the Management Measure for Planning, Siting, and
                Developing Roads and Highways.

                      2. Rhode Island Zoning Enabling Act of 1991

                See the discussion contained in the Management Measure for Planning, Siting, and
                Developing Roads and Highways.

                     . 3. Land Development and Subdivision Review Enabling Act of 1992

                See the discussion contained in the Management Measure for Planning, Siting, and
                Developing Roads and Highways.

                      4. Rhode Island Soil Erosion and Sediment Control Act



                                                        6.109-







              Chapter 6



              See the discussion contained in the Site Development Management Measure.

              The State Guide Plan

              See the discussion contained in the Management Measure for Planning, Sitin g, and
              Developing Roads and Flighways.













































                                                    -6-110-






               Chapter 6


               Construction Site Chemical Contro'! (Roads, Bridges, Higk'.ways)



                                         Construction Site Chemical Control
                            1) Limit the application, generation, and migration of toxic
                              substances;
                            2) ensure the proper storage and disposal of toxic materials;
                              and,
                            3) apply nutrients at rates necessary to establish and
                              maintain vegetation without causing significant nutrient
                              runoff to surface water.
                                                                                     I


               Applicability

               This management measure applies to all new, resurfaced, restored, and rehabilitated
               road, highway, and bridge construction projects.


               Programs Implementing the Measure

               This management measure is or will be implemented by three programs:

                       Rhode Island Coastal Resources.Management Program
                       RIDEM, Division of Freshwater Wetlands Rules and Regulations
                       RIDEM, Division of Water Resources, Water Quality Regulations and Water
                       Quality Certification Program
                       State Acts Related to Land Use Planning
                       State Guide Plan


               These programs and how they implement or will implement the management measure
               are described in more detail below.



               Rhode Island Coastal Resources Management Program

               This management measure will also be implemented by the Rhode Island Coastal
               Resources Management Council (CRMC) pursuant to R.I.G.L. 46-23 in accordance with
               the permit requirements as specified in the Rhode Island Coastal Resources Management
               Program (RICRMP). For more information on the nature of the program and the permit
               process see the discussion contained in Chapter 2. For more information on the






              17hapter 6                                                                         Urban


              management measure's oversight and the program's overall effectiveness see the New
              Development Management Measure

              .Implementation of the Measure
              The Construction Site Chemical Control (Roads, Bridges, and Highways) Management
              Measure will be implemented by the CRMC pursuant to various requirements
              contained in Section 300.13 of the RICRMP (Appendix E) as well as proposed
              amendments to Section 300.2 (Appendix 6A). The requirements of this section apply to
              all new, and alteration and improvements to existing roadways, highways, bridges,
              parking lots, railroad lines, and airports.

                     1. Requirements contained in RICRMP Section 300.13

              Section 300.13 of the RICRMP requires applicants for projects proposing new or
              alterations to existing roadways, highways, bridges, parking lots, railroad lines, and
              airports to meet the standards contained in Section 300.2 (Filling, Removing, or Grading
              of Shoreline Features).

                     2. Amendments to RICRMP Section 300.2


              Proposed amendments to Standards contained in Section 300.2 will require applicants
              to:

                     Limit the application, generation, and migration of toxic substances and ensure
                     that toxic substances are properly stored and disposed of onsite in accordance
                     with all applicable federal, state, and local requirements.

              More detail on these and other related requirements can be found in Section ? of the
              RICRMP. It is also important to mention that the important stipulations of a Council
              Assent are registered in the land evidence records and the conditions imposed on an
              Assent may include requirements other than those specifically mentioned in the
              regulations (i.e., specific maintenance requirements for a particular project).

                     3. Rhode Island Soil Erosion and Sediment Control Manual


              See the discussion contained in the Site Development Management Measure.

                     4. Rhode Island Storinwater Design and Installation Standards Manual

              See the discussion contained in the Site Development Management Measure.

                     5. Other RICRMP requirements related to site development

              See the discussion contained in the Site Development Management Measure.




                                                       -6.112-






                 Chapter 6



                 RIDEM Division of Freshwater Wetlands Rules and Regulations

                 This management measure will also be implemented by the Rhode Island Department
                 of Environmental Management (RIDEM), Division of Freshwater Wetlands pursuant to
                 R.I.G.L. 2-1 et. seq., 42-17.1-1 et. seq., 42-17.6-1 et. seq., and 42-35-1 et. seq. (Appendix A)
                 in accordance with the requirements specified in the Rules and Regulations Governing the
                 Administration and Enforcement of the Freshwater Wetlands Act (Appendix B). For more
                 information on the nature of that program and its permit process and requirements, see
                 the discussion contained in Chapter 2, and the discussions addressing the Wetlands
                 Management Measures. For more information on this management measure's oversight
                 and overall effectiveness of the program see the discussion contained in the New
                 Development Management Measure.

                 Implementation of the Measure
                 The Construction Site Chemical Control Management Measure for roads, bridges and
                 highways is currently implemented by the RIDEM, Division of Freshwater Wetlands
                 pursuant to the Rules and Regulations Governing the Administration and Enforcement of the
                 Freshwater Wetlands Act (Appendix B). It is again important to note that is highly
                 probable that projects subject to the applicability criteria of this management measure
                 will require a permit from either the RIDEM, Division of Freshwater Wetlands or the
                 CRMC. Activities subject to the requirements of this measure and which fall under the
                 authority of the Division of Freshwater Wetlands are required to meet the same permit
                 requirements as any project which: proposes to alter a freshwater wetland; will occur,
                 either partially or wholly within freshwater wetlands; due to their close proxin-dty to
                 wetlands, or to the size or nature of the project or activity, will, in all likelihood, result
                 in an alteration of the natural character of any freshwater wetland. Accordingly, this
                 management measure is implemented by the RIDEM ., Division of Freshwater Wetlands
                 in the same manner as the Constructi  on Site Chemical Control Management Measure.


                 RIDEM Division of Water Resources, Water Quality Regulations and Water Quality
                 Certification Program

                 See discussion contained in the New Development Management Measure


                 State Acts Related to Land Use Planning

                        1. Rhode Island Comprehensive Planning and Land Use Regulation Act

                 See the discussion contained in the Management Measure for Planning, Siting, and
                 Developing Roads and Flighways.

                        2. Rhode Island. Zoning Enabling Act of 1991


                                                          -6-113-







              Chapter 6



              See the discussion contained in the Management Measure for Planning, Siting, and
              Developing Roads and Flighways.                     I.                                  I
                    3. Land Development and Subdivision Review Enabling Act of 1992

              See the discussion contained in the Management Measure for Planning, Siting, and
              Developing Roads and Rghways.

                    4. Rhode Island Soil Erosion and Sediment Control Act

              See the discussion contained in the Site Development Management Measure.

              The State Guide Plan

              See the discussion contained in the Management Measure for Planning, Siting, and
              Developing Roads and Flighways.



































                                                    -6.114-







                Cliapter 6


                0peratL%-.,n and Dy-_7aintenance



                                             Operation and Maintenance
                            Incorporate pollution prevention procedures into the
                            operation and maintenance of roads, highways, and bridges
                            to reduce pollutant loadings to surface waters.



                Applicability

                This management measure applies to all existing, restored, and rehabilitated roads,
                highways, and bridges.


                Program Implementing the Measure

                The-Water Quality Certification Program of the RIDEM, Division of Water Resources, in
                accordance with the Rhode Island Water Quality Regulations for Water Pollution
                Control can implement this management measure. See Chapter 2 for a description of
                this program. For more information on the management measure's oversight and the
                program's overall effectiveness, see the New Development Management Measure.
                Pleae note that, new roads, highways and bridges are subject to the state-wide
                stormwater management requirements aimed at reducing pollutant loadings to surface
                waters. These stormwater management requiremetns are implemnted through the
                applicable RIDEM and CRMC regulatory programs.

                The RIDEM, Division of Freshwater Wetlands and the CRMC may require the
                implementation of this management measure through permit conditions. Additionally,
                specific pollution prevention procedures related to the de-icing of roads are currently
                required within the Scituate Reservoir Watershed and several other drinking water
                supply reservoirs.














                                                      -6-115-






                K-'hapter 6                                                                 ONEff BE "t


                Road, Highway, and Bric:6e Runo:f Systems



                                         Road, Highivay, and Bridge RunoffSyste?ns
                              Develop and implement runoff management systems for
                              existing roads, highways, and bridges to reduce runoff
                              pollutant concentrations and volumes entering surface
                              waters.
                              1) Identify priority and watershed pollutant reduction
                                 opportunities (e.g., improvements to existing runoff
                                 control structures); and,
                              2) establish schedules for implementing appropriate
                                 controls.




                Applicability

                This management measure applies to all existing, resurfaced, restored, and rehabilitated
                roads, highways, and bridges.


                Programs Implementing the Measure

                This management measure is currently implemented by the combination of
                requirements contained in Municipal Comprehensive Plans and related enabling
                legislation, Sections 303, 304, 305 and 319 of the Clean Water Act, the RIDEM Water
                Quality Regulations, and the State Guide Plan. In addition, there are currently several
                additional watershed protection programs which further enhance the implementation
                of this management measure. They include, but are not limited to the implementation
                of the following:

                       * Salt Ponds Special Area Management Plan (Appendix G);
                       * Narrow River Special Area Management Plan (Appendix H);
                       * Narragansett Bay Project CCMP (Appendix P); and,
                       9 Scituate Reservoir Watershed Management Plan (Appendix Q).

                These plans contain recommendations for priority and watershed pollutant reduction
                opportunities. Furthermore, the implementation of the Rhode Island Coastal Resources
                Management Program (Section 300.6), the Salt Ponds and Narrow River Special Area
                Management Plans, and the RIDEM, Division of Freshwater Wetlands Rules and
                Regulations, especially as it pertains to stormwater management, often require
                improvements to existing runoff control structures (See discussion in the New



                                                          -6.116-







               Chapter 6


               Development M   anagement Measure). These prograir. s and how they implement or will
               implement the management measure are described in more detail below.

               Municipal Comprehensive Plans and Related Enabling Legislation

               See the discussion contained in the Watershed Protection Management Measure.


               Sections 303, 304, 305 and 319 of the Clean Water Act

               The current RI Nonpoint Pollution Management Plan contains both an implementation
               schedule and a priority watershed selection process. These elements of the NSMP have
               been used together to identify all nonpoint source Pollution priorities, statewide.
               Primarily, this selection process has targeted existing problems, such as problems
               associated with roads, highways and bridges, and thus complies with the management
               measure


               The revisions to Rhode Island's Nonpoint Pollution Management Plan include both an
               updated implementation schedule and an updated priority system. The
               implementaiton schedule has been developed to encompass all source-based
               recommendations in the Plan. In part, these recommendations include watershed
               management programs to reduce nonpoint source pollution from roads, highways and
               bridges. The updated wtaershed priority system is applied to determine the relative
               priority of managing watersheds, and targets existing nonpoint pollution problems.
               Waterquality management discussed in the NSMP includes, where necessary, reduction
               of nonpoint source pollution from roads, highways and bridges. Therefore, Rhode
               Island addresses this management measure through the Nonpoint Source Management
               .Plan.


               In addition, please see the discussion contained in the Existing Development
               Management Measure.


               RIDEM, Water Quality Regulations
               See the discussion cont ained in'the Existing Development Management Measure.


               The State Guide Plan


               See the discussion contained in the Management Measure for Planning, Siting, and
               Developing Roads and Highways.






                                                      -6-117-






              K hapter 6
               %7


                                                      References



               Coastal Resources Management Council, Rhode Island (CRMC). 1984. Rhode Island's Salt
                      Ponds: A Special Area Management Plan. Wakefield, RI: Coastal Resources
                      Management Council. November.

               Coastal Resources Management Council, Rhode Island (CRMC). 1986. Narrow River
                      Special Area Management Plan. Wakefield, RI: Coastal Resources Management
                      Council. December.

               Culliton, Thomas J., John McDonough, III, Davida G. Remer, and David M. Lott. 1992.
                    Buildi@g Along America's Coasts: 20 Years of Building Permits, 1970-1989. Rockville,
                    MD: National Oceanic and Atmospheric Administration, Strategic Assessment
                    Division. August.

               Culliton, Thomas J., Maureen A. Warren, Timothy. R. Goodspeed, Davida G. Remer,
                    Carol M. Blackwell, and John J. McDonough 111. 1990-50 Years, of Population Change
                    along the Nation's Coasts - 1960-2010. Rockville, MD: National Oceanic and
                    Atmospheric Administration, Strategic Assessment Division. April.

               Department of Environmental Management, Rhode Island (RIDEM). 1992.
                    Comprehensive Conservation and Management Plan for Narragansett Bay. Providence,
                    RI: RIDEM, Narragansett Bay Project. December.

               Department of Environmental Management, Rhode Isla        nd (RIDEM). 1992. The State Of
                    the State's Waters - Rhode Island: A Report to Congress. Providence, RE RIDEM,
                    Division of Water Resources. August.

               Division of Planning, Rhode Island Department of Administration (RIDOP). 1989. Land
                    Use 2010: State Land Use Policies and Plan. State Guide Plan Element 121.
                    Providence, RI: RIDOP. June.

               Environmental Protection Agency, United States (EPA). 1994. National Water Quality
                    Inventory: 1992 Report to Congress. Washington, DC: EPA, Office of Water. March.

               National Oceanic and Atmospheric Administration, United States Department of
                    Commerce (NOAA). 1990. Estuaries of the United States: Vital Statistics of a National,
                    Resource Base. Rockville, MD: National Oceanic and Atmospheric Administration,
                    S ,trategic Assessment Division. October.

               Tiner, Ralph W. 1989. Wetlands of Rhode Island. Newton Corner, MA: U.S. Fish and
                    Wildlife Service, National Wetlands Inventory. September.



                                                         -6.118-







                                                                      
                     Appendix 6A                                  	Proposed Changes to the RICRMP:    Urban

                                                               Appendix 6A
                                           Proposed Changes to the RICRMP: Urban


                     30O.2. Filling, Removing, or Grading of Shoreline Features

                     A. DEFINITIONS

                     i. -Filling is the deposition of materials of upland origin onto shoreline features or
                         their contiguous areas (see Section 300.9 for inland disposal of dredged
                         materials).

                     2.  Removing is the process of taking away, including excavation, blasting, or
                         mining, any portion of a shoreline or its contiguous area.

                     3.  Grading is the process whereby fill or the soils of a shoreline or its contiguous
                         area are redistributed or leveled.

                         Established agricultural practices in areas contiguous to shoreline features are
                         excluded   from this section.

                         Filling, removing, or grading activities shall be reviewed at the Category B level 
                         when (a) the filling or removing involves more than 2,000 cubic yards of 
                         material, (b) the affected area is greater than one acre, or (c) the affected area is a 
                         designated historic area or archeaologically sensitive site. 

                     4   Erosion and Sediment Control Plan: An erosion and sediment control plan is a
                         description of the proposed beat management practices detailed site plans and
                         written narrative that, when implemented. provides protection and restoration
                         of coastal resources by reducing erosion and controlling sediment onsite as well
                         as minimizing other negative impacts associated with land development
                         activities.



                     B. POLICIES

                     I All filling, removing, or grading activities shall be done in accordance with the
                         policies and standards of this section and the standards and specifications set 
                         forth in the most recent edition of the Rhode Island Soil Erosion and Sediment 
                         Control Handbook.            









                                                                    6A.1







              Appendix 6A                            Proposed Charter to the RICRMP: Urban


              2. All new activities subject to section 300.3 (residential. commmercial. and industrial
                 structures). Section 300.13. Section 320. or those activities which disturb more
                 than 5,000 sqUare feet of land an a site shall prepare and implement a
                 and sediment control plan approved by the Council which references all
                 necessary practices for erosion and sediment control, All erosion and sediment
                 control plans shall be consistent with applicable policies and standards contained
                 in the Rhode Island Coastal Resources Management Program and the standards
                 and specifications set forth in the most recent edition of the Rhode Island Soil
                 Erosion and Sediment Control Handbook. All erosion and sediment control               
		     plans shall be strictly adhered to.

              3. The Council recognizes the most recent version of the Rhode Island Soil an
                 Erosion and Sediment Control Handbook. and its amendments. published
                 jointly by the Rhode Island Department of Environmental Management and the
                 United States Department of Agriculture (USDA). Soil Conservation Service
                 (SCS) as containing appropriate "Best Management Practices" (BMP) for
                 within the CRMC's jurisdiction. All erosion and sediment control plans shall be
                 consistent with this manual. Applicants are also encouraged to consult the most
                 recent version of the Rhode lsland Stormwater Design and Installation
                 Standards Manual during the preparation of their erosion and sediment control
                 plan in order   ensure consistency with the Council's stormwater management
                 requirements (Section 300.6).

              4. Routine filling, removing or grading of bulk materials (e.g.. coal. salt. etc.) that
                 occurs as part of the normal operations of an existing bulk transfer facility (e.g..
                 the Port of Providence) which is adjacent to Type 6 waters is excluded from the
                 provisions of this section provided that all filling, removing, or grading 
                 activities are done in accordance wit all applicable guidance manuals which
                 specify the appropriate best management practices for Rhode Island. Any fillin
                 removing, or grading that will result in a modification of an existing bulk
                 transfer facility's infrastructure shall be subiect to the policies and standards in
                 this section.


              C. PROHIBITIONS


              1. Filling, removing, or grading is prohibited. on beaches, dunes, undeveloped
                 barrier beaches, coastal wetlands, cliffs and banks, and rocky shores adjacent to
                 Type 1 and 2 waters unless the primary purpose of the alteration is to preserve or
                 enhance the feature as a conservation area or natural buffer against storms.

              2. Filling, removing, or grading on coastal wetlands is prohibited adjacent to Type I
                 and 2 waters, and in coastal wetlands designated for preservation adjacent to
                 Type 3, 4, 5 and 6 waters, unless a consequence of an approved mosquito-control
                 ditching project (5ection 300.12).





                                                    6A.2 -





                 Appendix 6A                                Proposed COW       t..o the RiCIRNIP: Urban

                 3. On-site beach mate,,db (cobbles, sand, etc.) may. not be used as cozistruction
                     material.

                 4.  Mining is prohibited on coastal features.

                 C12. STANDARDS

                 1.  The following standards apply in all cases where filling, removal, or grading is
                     undertaken:

                     (a) Fill slopes shall have a maximum, grade of 30 percent.
                     (b) AD excess excavated materials, excess fill, excess construction materials, and
                        debris shall be removed from the site and shall not be disposed in tidal waters
                        or on a coastal fe ature.
                     (c) Disturbed uplands adjacent to a construction site shall be graded and re-
                        vegetated or otherwise stabilized to prevent erosion during or immediately
                        after construction. Nutrients shall be a=lied at rates necessary to e5tabli-,;h
                        and maintain vegetation without caus       significant nutrient runoff to
                        surface waters.
                     (d) Removal or placement of sediments along jetties or groins may be permitted
                        only as part of an approved dredging or beach nourishment project (see
                        Section 300-9).
                     (e) All fill shall be clean and free of materials which may cause pollution of tidal
                        waters.
                     (f) Cutting intorather than filling out over a coastal bank is the preferred method
                        of changing upland slopes.
                     L9) Avoid alteration. to the extent practicable, of areas that are particularly
                        susceptible to erosion and se&rnent loss.
                     W  Site development in order to protect and             eas that: 1) provide
                        important water guality bengfijts: 2) s rye @s natural drainage systemse 3) are
                        particularly susce@tible to sediment loss. or. 4) serve as riparian or aquatic
                        habitats,
                     W Limit increases in i           surfaces. except where ngcessary.
                     (i) Limit land disturbance activities such as clearing a d grading. and cut and fill
                        to reduce erosion and sedimpnt loss and. to the extent practicable. retain
                        sediment onsite during and after construction,
                     W Limit disturbance of natural drainage features and conveyance systems,
                     (h Limit disturbances to natural vegetation whenever possible,
                     1m) Limit the applica           Iti n. and migration of toxic substances and
                        ensure that toxic substances are 12roperly stored and dis=ed of onsite i
                        accordance with all applicable federal. stale. and local reQuirements.

                 2.  The followIng upland and shoreline earthwork standards shall be required in,
                     those cases where, the Council determines that additional measures are
                     warranted in order to protect the environment of the coastal region. Such
                     requirements shall be listed on Assents as stipulations.


                                                          6A.3 -






                Appendix 6A                                  Proposed C M        All the RUCRNIP. Urban


                    (a) For Earthwork vn shoreline features:

                       (1) Prior to initiation of construction, -the contractor x.A%A may be E=uirgd to
                           meet on-site with the CRMC staff to discuss and clarify the conditions of
                           the permit.
                       .(2) A re-vegetation plan shall be submitted for review and approval when
                           construction is undertaken on a barrier beach. This plan shall describe
                           plant material, methods of planting, time of planting, soil amendments,
                           and maintenance.
                       (3) Construction materials and excavated soils shaU not be placed or stored on
                           any shoreline feature excepting developed barrier beaches and manmade
                           shorelines.
                       (4) All disturbed soils shall be graded smooth to a maximum 3:1 slope and re-
                           vegetated iminediately after construction, or temporarily stabilized with
                           mulch, jute matting, or similar means until seasonal conditions permit
                           such re-vegetation.
                       (5) In sensitive areas, work shall be carried out from areas above slope from
                           coastal features. Me          Construch              Z= shall normally not
                           be allowed to operate on a coastal wedand. @or_ unavoidable work on a
                           coastal wetland, a protective cover shall be deployed to minimize
                           disturbance.
                       (6) In instances where the CRMC permits temporary disturbance of a coastal
                           feature, shoreline slope, buffer zone, or area of beach grass, the disturbed
                           area shall be completely restored by'the owner under the guidance of
                           CRMC staff.
                       (7) Concrete structures which will come in contact with salt water shall be
                           constructed with concrete which utilizes a Type Il or Type V air-entraining
                           Portland cement or an equivalent that is resistant to sulfate attacks of
                           seawater.


                    (b) For upland earthwork, measures shall be taken to minimize erosion:

                       (1)  A line of staked hav bales or other erosion-preventing devices (including
                           diversion ditches, cl@eck dams, holding ponds, filter barrier fabric, jute or
                           straw mulch) shall be placed at the downslope perimeter of the proposed
                           area of construction prior to any grading, filling, construction, or other
                           earthwork. Hay bales shall be toed in to a depth of 3 to 4 inches, and
                           maintained by replacing bales where necessary until permanent. re-
                           vegetation of the site is completed. No soils or other materials
                           authorized to sheel pass beyond the bale line.
                       (2) All slopes shall be returned to the original grade unless otherwise
                           specified.
                       (3) Where natural or manmade slopes are or have become susceptible to
                           erosion, the slopes shall be graded to a suitable slope and re-vegetated with
                           a thick rooting brush vegetation. Mulch shall be applied as necessary to
                           provide protection against erosion until the vegetation is established.


                                                           6A.4 -





                  -Appendix 6A                                  Proposed C M        to the R1CJZ,%JJ': Urban

                          (4) (@pnstructiou shall be timed to, accommodate sueam and/or runoff flow
                             and not allow flows over exposed, un-stabilized soils, or into or through
                             the excavation. Flows shall not be restricted in such a manner that
                             flooding or inhibition or normal flushing occurs.
                          (5) Any pumping of groundwater which may be necessary for de-watering
                             shall be discharged into sediment traps consisting of a minimum of staked
                             hay bale rings enclosing crushed stone or trap rock of a size sufficient to
                             disperse inflow velocity. Hay bales shall be recessed 4 to 6 inches into the
                             soil and maintained.
                          (6) There shall be no discharge of sediment-laden waters into storm drains.
                             Storm drains shall be surrounded by staked hay bales to intercept
                             sediment.

                      (c) For any disturbance of steep slopes (over 15 percent):

                          (1) Where such construction is allowed, the following shall be observed: (1)
                             no fill shall be allowed on the slope; (2) excavation shall be kept to an
                             absolute minimum; and (3) vegetative cover on the slope shall be
                             permanently maintained to the maximum extent physically possible.
                          (2) Where the potential for damage to a slope exists from runoff, staked hay
                             bales, berms, or similar diversions shall be placed at the top and toe of the
                             slope. Collected water shall be suitably discharged through properly
                             constructed drains or swales. Wherever possible, drainage swales shall be
                             constructed along and adjacent to property fines so as to avoid drainage
                             onto adjacent properties. Swales shall be capable of handling runoff from
                             a 10-vear-rainfall occurrence.
                          (3) For 'excavations on slopes or directly adjacent to coastal features, the
                             excavated materials shall be cast upslope of the trench or excavation so as
                             to minimize downslope runoff of sediment.
                              Pedestrian access over steep shoreline slopes and banks shall be in the
                             form of field stone or similar stabilized paths or elevated stairs. Access
                             over bluffs shall be with elevated stairs only.


                   300.6. TTeatment-of Sewage and Stormwater

                   A. DEFINITIONS


                   1. Sewage: The Council has adopted the definition of sewage set forth under Title
                      46, Chapter 12, Section 1 or the General Laws, to wit: "... any human or animal
                      excremental liquid or substance, any decomposed 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 propagation, growth
                      or development of any fis@ or shellfish in the waters of this state, or- of the


                                                              6A.5 -






                Appendix bA                                 Pro) p e J C        to the NUCRMP: Urban


                   nourishment of the same, or whirh would u9unnusly affect tbie f      lavor, taste, or
                   value of food of any such fish or shellfish or which would defile said waters or
                   irqure or defile any vessel, boat, wharf, pier, or any public or private property
                   upon, in or under said waters or any shore thereof.

                   For purposes of the Coastal Resources Management Program, "sewage" is further
                   defined to include freshwater discharges including runoff that may significantly
                   alter the salinity of tidal waters or salt ponds. The term "sewage" also includes
                   discharges of heated waters.

                2. Individual sewage dis  posal system RSDS): any arrangement for sanitary sewage
                   disposal by means other than discharge into a public sewer system.

                3. Point source discharges: any conveyance including, but not limited to, any pipe,
                   ditch, channel, tunnel, conduit, container, transport vehicle or vessel from
                   which sewage is or may be discharged.

                4. Sewage treatment plants: sewage collection and treatment facilities, including
                   state, municipal, or privately owned and operated collection, pumping, treating,
                   disposal or dispersion facilities designed for the treatment of sewage from
                   residences, commercial buildings, industrial plants and institutions, together
                   with any groundwater, surface water, or surface runoff that may be present in the
                   waste stream.

                5. Stormwater runoff: that portion of precipitation that does not naturally infiltrate
                   into the landscape (e.g., without human influence) but rather travels overland as
                   surface flow. It is also commonly referred to as "stormwater". Stormwater
                   runoff can be a significant contributor of pollutants including sediments,
                   bacteria, nutrients (e.g., nitrogen and phosphorus), hydrocarbons (e.g., oil and
                   grease), metals, and other substances which can adversely affect water quality and
                   the coastal environment. In addition, significant discharges of stormwater may
                   alter salinitv and therebN- adversely impact the coastal environment, especially in
                   podfly flushed estuaries and embayments.

                6. Stormwater management plan: A stormwater management plan is a description
                   of the proposed best management practices, detailed site plans, and written
                   narrative that, when implemented, provides protection and restoration of
                   receiving waters by reducing pollutant loadings and other negative impacts
                   associated with changes in land use (i.e., urbanization).

                7. Large Projects: For the purposes of the stormwater management requirements
                   contained in this section, large projects are defined as any one of the following:
                   subdivision of six (6) units or more; any structure serviced by an on-site sewage
                   disposal system serving 2000 gallons or more per day; any activity which results
                   in the creation of one (1) acre or more of parking facilities, roadways, or
                   impervious surfaces; all new roads, highways, and bridges; all impxovement


                                                         6A.6 -






                                                                           -to ttle I@ICIZ'fi
                'Appendix bA                            Ympwcd C                       N P: Urban

                    projects to roads, fughways, and bridges (excluded frous these requirements are
                    projects cons6ting only of pavement resurfacin& minOr roadway repairs, or
                    emergency roadway and drainage repairs); any activity which is subject to the
                    RIPDES general permit requirements for construction ac 'tivities or industrial
                    activities; any activity subject to Section 300.8; any activity subject to Section
                    300.13; and any activity subject to Section 320.

                 8. Small Projects: For the purposes of the stormwater management requirements
                    contained in this section, small projects are defined as all new development
                    (residentiaL' commercial, industrial), redevelopment (residential, commercial,
                    and industrial). In addition, activities which are classified as maintenance, and
                    projects which receive a finding of no significant impact (FON.SI) are excluded
                    from these requirements.

                 B. POLIOES

                 1. It is the Council's policy to maintain and, where possible, improve the quality of
                    groundwater and tidal and salt pond surface waters.

                 2. It is the Council's policy to minimize the amount of ISDS-derived nitrates
                    other potential contaminants which may leach into@ salt ponds and all other Type
                    1-1 2, and 3 waters.

                 3. Applicants for Assents for ISDSs are encouraged to meet on site with CRMC staff
                    prior to undertaking of ISDS groundwater and soil tests to discuss the location of
                    the system and buffer zones.

                 4. It is the Council's policy to require the proper management and treatment of
                    stormwater through the preparation and implementation of a stormwater
                    management plan which satisfies the requirements of the RICRMP. All
                    activities which meet the definition of a large project must prepare and
                    implement a stormwater management plan which satisfies the requirements of
                    Section 300.6.E.2.. All activities which meet the definition of small project must
                    satisfy the stormwater management standards contained in Section 300.6.E.3.

                 3. The most recent version of the Rhode Island Stormwater Design and Installation
                    Standards Manual provides the appropriate methods for the preparation of
                    stormwater management plans and the treatment of stormwater with "Best
                    Management Practices" (BMP) within the CRMC's jurisdiction. However,,
                    applicants are encouraged to consult other appropriate guidance and technical
                    stormwater design manuals such as Schueler (1987) and Schueler (1992). The
                    Council also recognizes that the most recent version of the Rhode Island Soil
                    and Erosion and Sediment Control Handbook, and its amendments, published
                    jointly by the Rhode Island Department of Environmental Management and the
                    United States Department of Agriculture (USDA), Soil Conservation Service
                    (SCS) provides additional guidance and supplemental informatiort-with respect


                                                       6A.7 -






               Appendix 6A                                 Proposed, C MT1    Fit-the RICICNIP:-u-
                                                                                                   rban


                   to the managemeit. and treatment of stormwata.

               6.  After construction has been completed and the site has been permanently
                   stabilized, the average annual total suspended solid loadings (75S) shall be
                   reduced by 80 percent. In addition, to the maximum extent practicable, the post
                   development peak runoff rate and the average volume from 2-year, 2-5-year, and
                   100-year storm events shall be maintained at pre-development levels unless: i)
                   the applicant has obtained local or state approval which certifies that the existing
                   storm drain system has the capacity to accommodate the additional stormwater
                   runoff; or ii) the stormwater runoff is conveyed, preferably without hardened
                   cl@annels, non-erosive to tidal waters.

               7.  All stormwater management plans required by the Council should clearly
                   describe the Best Management Practices (BMP) as found in thit most recent
                   version of the Rhode Island's Stormwater Design and Installation Standards
                   Manual that will be used to treat and mitigate adverse environmental impacts
                   associated with stormwater runoff. In addition, all stormwater management
                   plans shall take into consideration all potential impacts associated with the
                   discharge of stormwater runoff into the coastal'environment. Potential impacts
                   include, but are not limited to, the following: (i) impacts to coastal wetlands such
                   as changes in species composition due to the introduction of freshwater to high
                   marsh areas; (ii) changes in the salinity of receiving waters; (iii) thermal impacts
                   to receiving waters; (iv) effects of introducing stormwater runoff to receiving
                   waters that has low dissolved oxygen concentrations; and (v) other potential
                   water quality impacts.

               8.  All sites should be planned, designed, and developed in order to: (1) Protect areas
                   that provide important water quality benefits and/or are particularly susceptible
                   to erosion and sediment loss; (2) limit increases of impervious surface areas,
                   except where necessary; (3) limit land disturbance activities such as clearing and
                   grading and cut and fill to reduce erosion and sediment loss; and (4) limit
                   disturbance of natural drainage features and vegetation.

               C. PREREQUISUES

               1.  Applicants for Co uncil Assents to construct, alter, or extend individual sewage
                   disposal systems or point source discharges shall first obtain a permit from the
                   Department of Environmental Management.

               2.  All federal water pollution control requirements established by the Federal Water
                   Pollution Control Act (Clean Water Act), as amended, or established by the
                   federal government or by any state or local government pursuant to such act, are
                   the water pollution control requirements of the Rhode Island Coastal Resources
                   Management Program. Accordingly, all discharge standards, effluent lin-LitatiorLs
                   and/or pretreatment standards established pursuant to the Clean Water Act for
                   discharges of pollutants to the waters of Rhode Island under. the Rhode Island


                                                         6A.8 -






                                                                                  Ict the RACICNIP: Urban
                  AppcndIx 6A                                 Proposed C hall

                     Pollutant Dischargr. amination System (RIPDES) sham -be met (Rhode island is
                     an EPA delegated state with respect to the NPDES program). In additim
                     applicants shall obtain an Underground Nection Control (UIC) permit from the
                     Rhode bland Department of Environmental Management when applicable.
                     Applicants subject to REPDES general permit requirements for construction
                     activities and industrial activities shall apply to the Council prior to submitting
                     an application to the RIDEM.
                  I  The Council shall formally review proposed actions only after all other, applicable
                     state/local requirements have or will be met. However, the Council will
                     comment on preliminary plans for major facilities to assist in the planning
                     process.

                  D. PROFnBMONS

                  1. Point source discharges of sewage and/or stormwater runoff are prohibited on
                     unconsolidated coastal banks and bluffs.

                  2. New and enlarged stormwater discharges to the high salt marsh environment
                     bordering Type I and Type 2 waters and within salt marshes designated for
                     preservation which border Type 3,45, and 6 waters are prohibited. Stormwater
                     discharges to existing well flushed tidal channels within high marshes shall not
                     be subject to this prohibition. However, all such discharges shall meet the
                     standards contained in Section 300.6.E.2.


                  E. STANDARDS

                  I. For individual sewage disposal systems (ISDS):

                     (a) See standards given in "Filling, Removing, or Grading" (Section 300.2).
                     (b) Grading around the ISDS shall direct the flow of surface runoff water away
                         from the ISDS.
                     (c) Subdrains constructed to lower groundwater levels in an area where an ISDS
                         shall be built shall (1) have a minimum pipe diameter of 6 inches, (2) have no.
                         piping located between the anticipated ISDS and the shore, (3) be constructed
                         so as to prevent clogging by soil fines, and (4) have outfalls suitably protected
                         against shoreline erosion and scour.
                     (d) When existing buildings are changed from seasonal to year-round use, or
                         expanded by adding one or more rooms, certification shall be obtained from
                         the Department of Environmental Management's ISDS Office that the
                         existing ISDS is capable of treating sewage effluent adequately.
                     (e) Connections to ISDSs and cesspools that are abandoned shall be removed,
                         blocked, or otherwise disconnected, and abandoned cesspools and septic tanks
                         shall be pumped dry and filled with clean fill.
                     (f) Where necessary, barriers shall be constructed to prevent vehicles from
                         passing over septic systems.


                                                            6A.9 -





               Appendix 6A'                              I'mposed'Or        to the UNCRINIP: Urban


               2. StormwA!or Managcment for Large Projects

                  (a) AD stormwater management plans shall be consistent with the Best
                      Management Practices (BUT) and Ow stormwater design and performance
                      standards found in the Rhode Island Stormwater Design and Installation
                      'Standards Manual. In addition, all stormwater management plans shall take
                      into consideration all potential impacts associated with the discharge of
                      stormwater runoff into ,the coastal environment. Potential impacts include,
                      but are not limited to, the following: (i) impacts to coastal wetlands such as
                      changes in species composition due to the introduction of freshwater to high
                      marsh areas; (ii) changes in the salinity of receiving waters; (iii) thermal
                      impacts to receiving waters; (iv) effects of introducing stormwater runoff to
                      receiving waters that has low dissolved oxygen concentrations; and (v) other
                      potential water quality impacts.
                  (b) After construction has been completed and the site is permanently stabilized,
                      the average annual total suspended solid loadings (TSS) shall be reduced by 80
                      percent. 1n addition, to the maximum extent practicable, the post
                      development peak runoff rate and the average volume from 2-year, 25-year,
                      and 100-year storm events shall be maintained at pre-development levels
                      unless: i) the applicant has obtained local or state approval which certifies that
                      the existing storm drain system has the capacity to accommodate the
                      additional discharge of stormwater runoff; or ii) the stormwater runoff is
                      conveyed, preferably without using hardened channels,
                              . El manner o tidal waters.
                  (c) The discharge from anv stormwater facility must be conveyed through
                      properly constructed watercourses to provide for non erosive flows during all
                      storm events. The proposed stormwater conveyance system consisting of
                      open channels, pipes, etc. shall, at a minimum, accommodate the runoff
                      associated with a 10-vear storm event or greater if required by other local,
                      state, or federal regulations. These stormwater conveyance systems shall
                      provide for non-erosive flows to receiving waters.
                  (d) All stormwater detention basins shall be constructed to safely withstand or
                      pass through the discharge from the 100-year runoff flows from the
                      contributing drainage area. Specifically, detention basins shall be constructed
                      to "withstand- the 100-year runoff flows and shall be capable of controlling
                      these flows without faliure or damage to the basin and/or detaining berms.
                      Certification by the design engineer as to meeting this requirement shall be
                      provided on the design plans for the proposal.
                  (e) Ne%,%, or enlarged stormwater discharges to salt marshes and well flushed tidal
                      channels within high marshes shall only be permitted when the applicant
                      can clearly demonstrate that no reasonable alternatives exist (e.g., no other
                      discharge locations having a gravity flow outlet are available and impervious
                      surfaces have been kept to an absolute minimum) and when no adverse
                      impacts to the salt marsh environment will result. In these instances, the
                      applicant shall, at a minimum, meet all applicable standards contained in the
                      Rhode Island Stormwater Design and Installation Standards Manual. This


                                                      6A.10 -





                  Appendix 6A                                Proposed 411F,      @the IZICRN1111: Urban

                         standird does ivt apply to low salt marsh enviror@,nents with an v ,rage
                         width along the property of less than 35 feet.
                     (f) If the Council detem-dries that any proposed stormwater discharge will result
                         in an unacceptable discharge of pollutants to the waters -of Rhode Island, the
                         Council shall require the applicant to mitigate the pollutant loads to
                         acceptable levels. Frequently, this can be accomplished using appropriate' Best
                         Management Practices in series in order to achieve higher pollutant removal
                         efficiencies.
                     (g) Whenever possible, existing natural vegetation shall be left intact along
                         natural drainage easements so as to minimize bank erosion.
                     (h) No connections to storm, surface, or subsurface drains shall be made to
                         either a individual building sanitary sewer or individual (on-site) sewage
                         disposal system (ISDS), nor shall any such drains be constructed within 25 feet
                         of an existing ISDS.
                     (i) Wet ponds must have a permanent pool volume equal to the water quality
                         volume calculated by multiplying one-inch by the impervious surface area.
                     (j) Extended detention dry ponds must detain the water quality volume over a
                         36-hour period (brim draw-down time).
                     (k) Infiltration methods must be designed to retain and exfiltrate the water
                         quality volume over a maximum 72-hour period. -
                     (1) During the preparation of the stormwater management plan, the applicant
                         shall: 1) protect areas that provide important water quality benefits and/or are
                         particularly susceptible to erosion and sediment loss; 2) limit increases of
                         impervious surface areas, except where necessary; 3) limit land disturbing
                         activities to reduce erosion and sediment loss; and 4) limit disturbances of
                         natural drainage features and vegetation.
                     (m) All stormwater management plans shall have a maintenance plan which
                         satisfies the recommended maintenance procedures outlined in the most
                         recent version of the Rliode Island Stormwater Design and* Installation
                         Standards Manual.


                  3. Stormwater Management for Small Projects

                     (a) The post development loadings of average annual total suspended solid
                         (TSS) loadings shall be reduced such that the post development loadings are
                         no greater than the pre-development loadings or the average annual TSS
                         loadings must be reduced by 80",.. after the site has been permanently
                         stabilized.
                     (b) To the maximum extent practicable, the post development peak runoff rate
                         and average volume shall be maintained at levels similar to pre-
                         development levels.
                     (c) In order to reduce the inflow of pollutants carried by surface water runoff, all
                         activities or alterations shall be required to minimize and/or mitigate any
                         significant adverse impacts associated with surface runoff from the project.
                         All applicanti must provide appropriate measures to this end such as the use
                         of infiltration devices, permeable surfaces, and the use of overland flow.


                                                          6A.11 -






                Appendix 6A                               1'roposed          tO the RICRMP: Urban


                   (d) Concentrated. anoff shaP be minimized to the nux4mum extent practicable.
                       ibe use oi sheet flow through natural vegetated areas shall be employed
                       whenever practicable to prevent erosive flows. AD drainage structures shall
                       be designed to adequately convey the runoff from a ten year storm event at a
                       minimum or the design storm as specified by local municipalities if it is-
                       greater than a ten year storm event. The design of any drainage structure
                       shall consider all impacts on adjacent properties and mitigate any adverse
                       impacts.
                   (e) Whenever possible, existing natural vegetation shall be left intact along
                       natural drainage easements so as to minimize bank erosion.
                   (f) No connections to storm, surface, or subsurface drains shall be made to either
                       a individual building sanitary sewer or individual (on-site) sewage disposal
                       system (ISDS), nor shall any such drains be constructed within 25 feet of an
                       existing ISDS.
                   (g) When applicable, the design and misiallation standards contained in Section
                       300.6-E-2 shall be met and the management of stormwater from small projects
                       shall be consistent with the BUTs and the design and installation standards
                       contained in the most recent version of the Rhode Island Stor?nwater Design
                       and Installation Standards Manual.


                4. For catch basins:

                   (a) Catch basins shall be employed when necessary to reduce runoff-induced
                       infiltration of particulates into water bodies.
                   (b) A maintenance and cleaning program for catch basins shall be detailed.
                   (c) Catch basins shall have a minimum sump depth of 3 feet.
                   (d) Wherever possible, catch basins with permeable sides and/or bottoms shall
                       be used so as to minimize outflow.


                5. For outfalls:

                   (a) Work on outfalls, drainage channels, etc., shall proceed from the shoreline
                       toward the upland in order that no unfinished or un-stabilized lower channel
                       portions be subjected to erosion-producing velocities from upstream. If this
                       cannot be accomplished, all flow shall be diverted from the unfinished areas
                       until stabilization is completed.
                   (b) Where possible, outfall pipe slopes shall be designed for an exit velocity of
                       less than 5 feet per second.
                   (c) Screens or grates shall be placed over the end of large outfalls to trap debris.
                   (d) Beaches or other coastal features in front of outfalls shall be returned to
                       original grade.
                   (e) Riprap placed on beaches shall not increase the grade of the beach higher
                       than one foot in order to maintain lateral access below mean high water.
                   (f) Riprap shall be compact, hard, durable, angular stone, with an approximate
                       unit weight of 165 lbs./cubic foot.




                                                       6A.12 -





                            6A                             Vropt)sed --41M1  .'jC4, the RICIM111: Urban

                     (g) Ripr,,p shall bt toiaced with an adequate beddirg w crusW rock or othe-
                        suitable filtering material.


                  300.13. Public Roadways, Bridges, Parking Lots, Railroad Lines and
                          Airports

                  A. DEFIN17ION

                  I. For the purposes of this program, public roadways shall be defined as all roadways
                     other than private driveways used to access either public or private roads.

                  2. The requirements of this section apply to all new roadways, highways, bridges,
                     parking lots, railroad lines, and airports., Alterations and improvements to
                     roadways, highways, bridges, parking.lots, railroad lines, and airports are subject
                     to the erosion control requirements contained in this section and Section 300.3..
                     Alterations and improvements to roadways, highways, bridges, parking lots,
                     railroad lines, and airports that result in new stormwater discharges or increase
                     stormwater discharge volumes beyond pre-devolopment levels are subject to the
                     stormwater management requirements contained in Section 300.6 (excluded
                     from these requirements are projects consisting only of pavement resurfacing,
                     minor roadway repairs, or emergency drainage repairsI.

                  B. PROHIBIMONS

                  1  The construction of new public transportation facilities in tidal waters and on
                     coastal features is prohibited with the following exceptions:

                     (a) construction on developed barrier beaches may be permitted, subject to the
                        requirements of Section 210.2;
                     (b) unpaved vehicle trails and parking areas may be permitted on undeveloped
                        barrier beaches (Section 210.2); and
                     (c). construction may be permitted on manmade shorelines subject to the
                        requirements of Section 210.6.

                  C  POLIOES


                  I  All roadways, highways, parking lots, railroads lines, and airports shall be
                     planned, sited, and designed to:

                     i) protect areas that provide important water quality benefits or are particularly
                        susceptible to erosion and sediment loss;
                     ii) limit land disturbances such as clearing and grading and cut and fill to reduce
                        erosion and sediment loss;
                     iii) limit disturbances of natural drainage features and vegetation; and,
                     iv) limit the increase of impervious surface areas, except where necessary.


                                                         6A.13 -









                                                                                      SERVICES CTR LIOR RY
               ApOndix CIA                               Proposed COW                           A

                                                                             3 6668 14112940 5
               2. A@ bridge structur.. shall be sited, designed, and ma-i         Mar-sc"Ruve-
                  coastal habitat areas such as coastal wetlands and areas providing important
                  water quality benefits are protected from adverse effects.


               D. STANDARDS

               1. See standards given in "Fiffing, Removing, or Grading of Shoreline Features"
                  (Section 300.2).

               2. Permeable materials shall be utilized, where practicable, to surface roadways and
                  parking lots on shoreline features adjacent to Type 1, 2, and 3 waters.

               I  Applicants shall reduce erosion and, to the maximum extent practicable, retain
                  sediment on-site during and after construction. Applicants shall. prepare and
                  implement an erosion and sediment control plan in accordance with all of the
                  policies and standards contained in Section 300.2.

               4. Applicants shall prepare and implement a stormwater management plan in
                  accordance with the policies and standards contained in Section 300.6.

               5. See the standards contained -in "Treatment of Sewage and Stormwater (Section
                  300.6)".































                                                      6A.14 -