[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
                                             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 II

                                       Final Program Submittal

                                                  July, 1995









                                                   TABLE OF CONTENTS



                     Volume I

                         Acknowledgments
                         Table of Contents

                         List.of Appendices                                                                         iv
                         Exe  cutive Summary                                                                        vi
                         Chapter 1 Introduction                                                                   1.1
                         Chapter 2     Program Descri pti ons/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 11


                         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







                    C4






                 Ompter 7


                                                       Chapter 7
                                                  Marina Measures




                 Introduction

                 Between five and ten million tourists visit Rhode Island each year, primarily in the
                 summer and often using the State's coastal zone and its resources (NBF 1992).
                 Tourism is now the third largest employer in the state and recreational boating
                 activities are a major component of that industry. Over 32,000 boats are registered
                 with the State's Department of Environmental Management, Division of Boater
                 Registration. The DEM also estimates an additional 18,000 recreational boats are
                 registered with other states, or are not required to register but use the Rhode Island's
                 coastal waters. Rhode Island's State Comp'rehensive Outdoor Recreation Plan notes
                 that 23% of Rhode Islanders regularly went motorboating, and 209/6 regularly sailed
                 (RIDOP 1992).

                 A large majority of boaters use marinas, mooring fields, and public launching ramps
                 to access Rhode Island's coastal waters. According to the National Marine
                 Manufacturing Association's (NMMA) Marina Directory ftm Rhode Island, Rhode
                 Island has 162 marinas, boatyards, and yacht clubs that service five or more boats
                 (NNIMA, 1993) (Table 7.1 an@ 7.2). They range from small boat clubs on the salt
                 ponds servicing a relatively small number of vessels to large-scale marina
                 operations in Newport and Warwick servicing hundreds of boats. Thirty six of the
                 marina facilities maintain over one hundred slips, and twelve maintain over two
                 hundred slips (NMMA,,1993).

                 1A.'hile Rhode Island's marinas can be found in almost every coastal town, a large
                 percentage of the facilities are located in a handful of communities. Warwick tops
                 the list %vith twenty marinas, South Kingston, and Newport each have fifteen
                 facilities, and Westerly has twelve.

                 There are also a number of public mooring areas which are managed by
                 municipalities pursuant to approved (both final and interim) harbor management
                 plans and harbor ordinances All totaled, there were 6,924 moorings in municipal
                 mooring fields statewide during the 1993 boating season (Table 7.3). The typical size
                 of a mooring field varies significantly and includes both small mooring fields of 25
                 boats or less in small coastal embavrnents, and much larger mooring fields with
                 almost 1.000 boats in areas such as Newport Harbor and Jamestown Harbor.

                 At this, time, the best estimate of the total number of marina moorings and marina
                 slips is 13,043 (Table 7-4). According to the RIDEM, Division of Water Resources, in
                 order to service these boats, there are 21 existing pumpout facilities (pers. com-, Joe
                 Migliore, 6/8/95) (Figure 7.1). These facilities were funded in part through grants


                                                          -7.1-







              Chapter 7                                                     Marinas


              made available under the Clean Vessel Act In order to obtain a no-discharge
              designation pursuant to Section 312 of the Clean Water Act, Rhode Ilsland needs to


                          Table 7.1 Number of Marina Facilities in Rhode Island



                                Marinas                    107
                                Yacht Clubs                 16
                                Boatyards                   34
                                Drystack Marinas             2
                                Dockominiums                 1


                             Source: National Marine Manufacturer's Association. 1993.
                                  Marina Directory: Rhode Island.



              install at least 4 additional pumpout facilities at strategic locations. This calculation
              is based on using the Environmental Protection Agency's (EPA's) recommended
              threshold of one pumpout per 300 boats in transient harbors and one pumpout per
              600 boats in nontransient harbors.



                            Table 7.2 Type of Marina Facilities in Rhode Island


                                slips                    9,462
                                Drybays                  3,128
                                Moorings                 2,599
                                Launching Ramps             49


                             Source: National Marine Manufacturer's Association. 1993.
                                  Marina Directory Rhode Island.


              Accordingly, by the end of 1995 Rhode Island should be very close to the necessary
              number of pumpouts needed to designate Narragansett Bay as a "No Discharge
              Area"












                                               -7.2-






                chapter 7                                                                 Marinas


                Magnitude of the ivanpoint Source Problem

                Potential nonpoint source problems associated with marinas and recreational
                boating can be attributed to poor marina siting and design, maintenance dredgin&
                routine marina operation/maintenance, and boat operations. Contaminants such
                as toxins, heavy metals, hydrocarbons, bacteria, and nutrients can enter coastal
                waters as a result of marina operations. The following are examples of
                environmental problems associated with marina activities:

                      * Sewage discharged from recreational boa ts can increase BOD loadings
                        resulting in low dissolved oxygen levels.
                      * Sewage discharged from recreational boats can result in fecal colfform
                        contamination of shellfish resources.
                      - Lead, arsenic, zinc, copper, and other metals utilized in boat maintenance
                        and repair activities can reach surface waters.
                      - Fueling stations located on piers, docks and wharves pose a direct threat to
                        marina waters.
                      - Aquatic plants can be uprooted by propellers and denied.proper sunlight
                        due to turbidity in the water columri.
                      * Dredging during construction may alter water quality by increasing
                        turbidity, reducing sunlight penetration, reducing oxygen content, and
                        burying benthic organisms.
                      * Shoaling and shoreline erosion can result from fixed marina structures as
                        well as from powerboat wakes.
                      - Manmade structures can cause sediments to be deposited on benthic
                        habitats and vegetation.
                      - Phvsical restrictions which impact existing uses.

                In addition, pollutants from marinas can combine with other uplaind sources such
                as stormwater runoff, leachate from ISDS, and leaking underground storage tanks,
                to cause significant water quality problems in localized areas.

                Based on the findings of the Narragansett Bay Project (NBP) Comprehensive
                Conservation and Management Plan (CCMP) (NBP 1992) for the Narragansett Bay
                Watershed and the special area management plans prepared by the Coastal
                Resources Management Council (CRMC) for the Salt Ponds (CRMC 1984), Narrow
                Mver (CRMC 1986), and Pawcatuck River Estuary (CRMC 1993), it can be concluded
                that in certain areas nonpoint source pollution from marina facilities located in and
                adjacent to Rhode Island's coastal waters are reasonably expected to, either
                individually or curnulativel%-, present significant adverse effects to living coastal
                resources or human health. Improved marina siting and design along with the
                implementation of best management practices for marina operation and
                maintenance will help minimize nonpoint source impacts associated with marina
                development and operation.



                                                      -7.3-







                Chapter 7                                                                  Marinas






                         Table 7.3 Total Number of Moorings in Municipal Mooring Fields
                                                                      


                                     Municipality          Total Moorings
                                       Barrington                256
                                       Bristol                   757
                                       Charlestown		     300	
                                       Cranston                  105
                                       East Greenwich            120
                                       East Providence           184
                                       Jamestown                 987
                                       Little Compton            133
                                       Middletown                65
                                       Narragansett              412
                                       Newport                   890
                                       New Shoreham              372
                                       Portsmouth                777
                                       North Kingston            604
                                       South Kingstown           150
                                       Tiverton                  300
                                       Warren                    187 (est.)
                                       Westerly                  269

                                       Total                     6,924

























                                                       -7.4-


	


	Chapter 7														Marinas

Table 7.4 Total Number of Moorings and slips and Pumpouts Needed

Location			Moorings 		Existing		Planed		Pumpouts
				& Slips 		Pumpouts		Pumpouts		Needed

Seekonk River		86			1			-			-
Bullock Cove		494			0			-			1
Warren River		480			1			-			-
Kickamuit River 		147			0			-			1
Bristol Harbor		761			0			1			1
Sakonnet Harbor		457			1			-			-
East Passage		360			1			-			-
Sakonnet Harbor		138			0			-			1
Providence River		549			0						1
Warwick Cove		1639			0						3
Apponaug Cove		984			0			-			23
Greenwich Cove		781			0			-			2
Allen Harbor		139			0			-			1
Wickford Harbor		720			0			-			2
Narragansett Pier		82			0			-			1
Pt. Judith Pond		1320			0			1			2
Pawcatuck River		969			1			-			1
Jamestown*			463			3			-			-
Block Island*		1501			4			-			-
Newport Harbor*		1484			2			1			2

Total				13043			14			3			21


		*Transient Harbors = 1 Pumpout/300 Boats
		Nontransiet Harbors = 1 Pumpout/600 Boats

	Source: Narragansett Bay Project. 1993 Marina Pumpout Management Plan.
		Providence, RI Rhode Island Department of Environmental Management,
				Narragansett Bay Project Draft May.












								-7.5-





                    Chapter 7


                                      Figm    1.2 Existing and Pwposed Pump%pat Facilifies




                                         Provi















                                  Warwick
                                                                                                 ran
                                                                                                 River









                                                                                        Q









                                                    oiqn
                                                    A6                                     Little
                                                            z @q                           Compton,;
                                                     @Newpoft                            40*


                                                                                          (As of July 1990
                                          0    Pump-out facilities open and ready for use
                                                         Future pump-out sites


                   Source: Narragansett Bay rroject. 1993. Marina Purnpout Management Plan. Protfidence, RI: Rhode
                           Island Departineya of Envirorimental Manageinent, Narragansett. Bay Project. Draft. May.





                                                                 -7.6-






               C- ha pt er 7                                                                a r i nas


               Implementation. of Lae Marina Manag, a!ment Measures

               In order to implement the Marina Management Measures, Rhode Island will rely
               on several programs: the permit requirements associated with the Coastal Resources
               Management Council's (CRMC's) Rhode Island Coastal Resources Management
               Program (RICRMP`); the CRMC's Municipal Harbor Management Program (M14MP);
               and, the Rhode Island Water Quality Regulations implemented by the RIDEM
               Division of Water Resources as well- as numerous programs which include, but are
               not limited to, the Water Quality Certification Program and the SheUfish Growing
               Area Monitoring Program.

               This chapter contains references to both existing CRMC requirements and proposed
               CRMC requirements.. Existing and proposed CRMC marina.regulations and harbor
               management regulations that will be used to implement some of the management
               measures are contained in Appendix 7A. It should be noted that specific RICRMIP
               section numbers referenced in this chapter and in Appendix 7A are subject to
               change due to ongoing RICRW revisions unrelated to the CNPCP- Any changes to
               RICRMP section references will not affect current or future implementation of the
               regulations. The RIDEM's Water Quality Regulations are contained in Appendix C.
               For more information on these programs, please consult Chapter 2 which contains
               descriptions of all of the programs being used to implement the management
               measures.



               Unresolved Issues

               Several issues remain unres olved between the Rhode Island Department of
               Environmental Management (RIDEM) and the Coastal Resources Management
               Council (CRMC). These issues primarily revolve around the inconsistencies
               between the CRMC's programs and the RIDEM's Water Quality Regulations. In
               most cases, these inconsistencies do not prevent full implementation of the 6217
               management measures. Nonetheless, the State. would be best served by resolution
               of inconsistencies. To that end, both agencies are working toward the resolution of
               these issues evident by meetings between the two agencies, including the
               Cr,-%IC,/RIDEM Water Qualm- Work Group formed in February 1994. This group
               Was formed to work out problems that have risen between the CRMC's programs
               and the PJDEM Water Qualjt%- Certification Program.

               To iurther this effort, the Narragansett Bay Project has devoted considerable effort to
               identifying regulatory inconsistencies between the two agencies. These efforts have
               included identifying specific areas where CRMC water types conflict with RIDEM
               water classifications; identification of inconsistencies in regulatory definitions; and
               identification of inconsistencies in policies and regulations. In particular, efforts on
               the part of the Narragansett Bay Project have allowed the CRMC and Division of
               Water Resources to focus on actual, rather than merely perceived, inconsistencies.


                                                       7.7-






                 L.Ii,ipter 7                                                              la r i 11, 1 s



                 In a relaLed effort ia resolve past programmatic inconsistencies, the CRMC has been
                 working with the Division Of Water Resources as the existing water quality
                 regulations are revised and has supported the adoption of an independent
                 regulatory "Water Quality Permit". The CRMC will continue to work with the
                 Division of Water Resources to ensure that revised regulations successfully address
                 programmatic inconsistencies to the maximum extent possible. Where
                 inconsistencies cannot be resolved through the revised regulations due to
                 conflicting agency mandates, the CRMC and the Division of Water Resources will
                 continue to work together to minimize conflicts.










































                                                      -7.8-






               Cimpter 7


               Marina Flushing



                                               Marina Flushing
                           Site and design marinas such that tides and/or currents
                           will aid in flushing of the site or renew its water regularly.




               Applicability

               This management measure applies to all new and expanding marinas.    Marinas are
               defined as any facility with 10 or more slips, piers where. 10 or more boats tie up, or
               any facility where a boat for hire is docked. Other facilities covered by this
               management measure include: boat maintenance and repair yards adjacent to the
               water; any federal, state, or local facility that involves recreational boat maintenance
               or repair that is adjacent to or on the water; public or commercial boat ramps; any
               residential or planned community marina with 10 or more slips; and, any mooring
               field where 10 or more boats are moored. The definition of a marina expansion is
               consistent with the Coastal Resources Management Council's regulations.


               Programs Implementing the Measure

               This management measure will be implement by the Rhode Island Coastal
               Resources Management Program (CRMC's permit process), the CRMC's Municipal
               Harbor Management Program (MHMP), and the Rhode Island Department of
               Environmental Management, Division of Water Resources' Water Quality
               Regulations and the Water Qualltv Certification Program. Relevant sections of
               these programs are described below. A more detailed description of these programs
               is contained in Chapter 2 of this document. It should be noted that a draft of
               proposed marina regulations is contained in Appendix 7A which also contains the
               existing requirements. Therefore, some references are. to existing requirements,
               while other are to proposed requirements.


               Rhode Island Coastal Resources Management Program

               Implementation of the Measure
               The Marina Flushing Management Measure will be implemented by the CRMC
               pursuant to the regulatory requirements of the RICRMP. As defined by the CRMC,
               marinas are currently defined as any facility that contains five or more boats, or
               piers where five or more boats ma%l tie up (RICRM? ï¿½300.4.A.2) Proposed RICRMP


                                                     -7.9-





                  L ha pter 7                                                                      Nlarina@,


                  Prnendments will inc&.je marina maorfng areas, and nuneft area managed by
                  private organizations in this definition(Proposed RICRMP P00A.A.5).

                  There are three separate provisions in the RICRM7 which implement, or will
                  implement, this management measure.

                         1. Water Type Policies (RICRMP Table 1 and ï¿½200.3)

                  The CRMC's Water Types pre-identify appropriate locations for consideration as
                  marina locations. New marinas and significant expansions of marinas are only
                  permitted in Type 3, 4, 5, and 6 waters (See Table 1 Matrices). The Type 3 waters
                  classification focuses specifically on marina development The designation of Type
                  3 waters takes into account factors associated with the siting and design of marinas.
                  Type 3 waters are generally classified for areas where there is suitable upland for
                  support facilities and adequate water depths and circulation to ensure that water
                  quality would not be adversely affected by the siting of new marina 'facilities. If
                  existing marina facilities are present, but the area is inappropriate for further marina
                  development, the waters are classified as Type 2 which allows the marinas to
                  maintain existing use levels but prohibits significant expansions of in water facilities
                  (RICRMP ï¿½200.2). Significant expansions of in-water facilities are defined as
                  .. alterations which propose to increase the numbers of vessels accommodated at in-
                  water facilities beyond 25'%, of the capacity as defined in the original Council Assent
                  and/or extend the facilitv bevond the defined perimeters, or alter the purpose of the
                  facilitv (Proposed RJCRI@V 000.4.A.6.)."

                         2. Category B Requirements

                  Table I of the RICRMP indicates that all new marina facilities are reviewed as
                  Category B applications and significant in-water expansions of marinas are also
                  reviewed as Category B applications. As a Category B application, the applicant must
                  satisfy the general requirements outlined in RICRMP ï¿½300.1. Specific to the Marina
                  Flushing management measure, each applicant proposing a new marina or a
                  signiiicant expansion to an existing marina facility is required to:

                          describe the boundaries of the coastal waters and land area that are
                           anticipated to be aftected (RICRMP ï¿½300.1.3)."

                         "demonstrate that the alteration or activity will not resul t in significant
                           impacts on erosion and/or deposition processes along the shore and in tidal
                           waters (RICRMP E300.1.4)."

                         "demonstrate that the alteration will not  result in significant impact's to water
                           circulation, flushing, turbidity, and sedimentation (RICRMP ï¿½300.1.7)."





                                                           -7.10-






                Chapter 7


                       "demonsVate ti..., there will be no  S'PMCAM deftscrAtkm in the quality ,f
                         the water in the immediate vicinity as defined by DEM (ECRMIP ï¿½300.1.s).-

                       "demonstrate that the alteration or activity will not result in significant
                         conflicts with water-dependent uses and activities such as recreational
                                                                                         P
                         boating, fishing, swimming, navigation, and commerce (RIC W
                         ï¿½300.1.10)."

                Each of these. requirements must be addressed in the application and site plans.

                       3. Requirements of ï¿½300.4 of the RICRMP

                While the requirements associated with numbers I and 2 above effectively combine
                to implement the Marina Flushing Management Measure, the CRMC is also
                proposing to amend its existing standards for marina construction. The proposed
                amendments contained in Appendix 7A are intended to further strengthen the
                CRMC's implementation of this management measure. All new marinas and
                significant expansions of marinas (Proposed RICRMIP MA.A.6) must be consistent
                with the standards contained in RICRMP ï¿½300.4.L -Thm are two proposed
                amendments which pertain to this management measure. They are:

                       "Site and design marinas and ancillary   structures such that tides and/or
                        currents will aid in flushing of the site and renew its water regularly.
                        Turning basins and navigation channels shall be designed to prevent long-
                        term degradation of water quality. In areas where there is poor water quality
                        circulation, the depth of boat basins and access channels should not exceed
                        that of the navigable channel (Proposed RICRMP ï¿½300.4-E.l.a)".

                       "Demonstrate that the proposed activity does not create significant adverse
                        effects on water quality during and fc@ilowing construction of the marina
                        facrility -(Proposed RICRMP ï¿½300.4.E.I.b)".

                The CRMC's permit review process, which is decribed in chapter 2 of this document,
                will ensure that this measure is implemented for all new marinas and significant
                expansions of marinas..

                Managemcnt Meassere Oversight
                0%,ersight of this program is the responsibility of the CRMC.

                Enforcemgnt
                The CRMC will enforce the measure's implementation using its existing
                enforcement and permit staff. Each permitting team (engineer and biologist) is
                assigned specific towns. As a result of this -approach, each permit team becomes
                extreme1v familiar with existing conditions, permitted projects (past and ongoing)






                Chapter 7


                ;md other activities within these towns. This also allows CRMC staff membe-s to
                easily identify unauthorized activities within these communities.

                CRMC permit staff are in the field (in assigned coastal towns) daily. Enforcement
                staff is dedicated full-time to identifying and following up on reported violations
                statewide. When unauthorized activity is detected, any CRMC staff member,
                including Council members, may immediately issue a cease and desist order. To aid
                in this effort, CRMC has recently installed mobile communication units in each of.
                the agency's vehicles assigned to staff. This allows for instantaneous
                communication from the field to the main office where staff can check on
                questionable activities, permit history, etc. Furthering the efficacy of this approach,
                the CRMC has recently significantly improved its computer data base for permit and
                enforcement action history. Office staff are therefore able to access data immediately
                when field staff has concerns. This allows for easy access to permit conditions for
                ensuring compliance.

                In addition to on-land enforcement activities, the CRMC has two vessels which are
                used to patrol shoreline areas throughout the State. These vessels are also equipped
                with mobile communications units allowing communication with on-land CRMC
                vehicles and the main office. Potential violations which may be undetectable from
                land can be detected from the water and immediately investigated.

                The CRMC also works with RIDEM Conservation Officers who maintain a 24-hour
                hotline for reporting alleged violations. These officers maintain round-the-clock
                patrols from land and water. Should a RICRMP violation be suspected during
                evening or weekend hours, callers to the CRMC are referred to the 24-hour hotline.
                Depending on the potential severity of the suspected violation, Conservation
                Officers will either immediately investigate the problem, or wait until the CRMC
                office is opened. In all cases, the CRMC will follow up on any suspected violation.

                The CRMC also maintains good contact with Save The Bay, particularly the, Bay
                Keeper Program, which maintains a regular patrol vigil on Narragansett Bay and a
               .24-hour hotline for reporting potential pollution problems. CRMC staff has met
                with the current Bay Keeper and agreed to work closely with this program to
                identify potential violations.

                When necessary, the Council may issue cease and desist orders and fines when
                violations are detected. The property owner is afforded an administrative hearing
                where most violations are resolved through the signing of a consent order. This
                document obligates the violator to rectify the violation in accordance with
                conditions contained in the consent order. Frequently, an administrative fee is
                assessed for the violation. Additionally, the consent order is often times registered
                on the property title to ensure compliance in the case of property transfer. Where a
                consent order cannot be reached or is not adhered to, the CRMC can pursue
                adjudicatory remedy through state superior court. CRMC prosecutes violators in






               Chapter 7                                                                1% la r i na


               accordance with ILLG.- 46-23-73 and the Administrativtjorowdures Act when all
               administrative reinedies have been exhausted.

               Most CRMC Assents are registered on tide as deed restrictions to ensure the current
               and future property owner(s) will adhere to conditions contained within the Assent.
               Since this procedure typically prevents.title transfers and refinancing where there is
               an outstanding violation, it is a very effective for ensuring resolution of violations
               and long-term enforcement of the program. Registering deed restrictions on title
               also serves to inform potential buyers of that particular property of conditions that
               carry with the title.

               Monitoring
               The CRMC will monitor its implementation of the management measure 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.

               Financial Needs
               The CRMC currently has only two enforcement staff. While the Council's most
               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 finan ial resources become available (OCRM 1993,
                                                    cl
               12). Accordingly, thiCRMC will need some additional financial resources pursuant
               to Section 6217 to enforce the marina measures.


               Technical Needs
               At this time it is unclear if there are any clear technical needs associated with the
               implementation of this measure.

               Overall Prograin Effectiveness

               The CRMC has been permitting marina activities since its inception in 1971. It
               adopted its first regulations in 1976 and obtained its federal program approval in
               1978. In 1983 the RICRMP was substantially revised and all of the Water Types
               adopted. In 1990, the RICP2%4P was again substantially revised and has undergone
               numerous amendments since then. 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). 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, such as
               the Council's dock registration program, to ensure compliance with its regulations






                                                    -7.13-






               (Alapter 7                                                            Nlarinat,


               CRMCs Municipal h.-oor Management Program (MHkr)

               The CRMC will rely on its Municipal Harbor Management Program.(MBW) to
               implement applicable Section 6217 "g" measures for public mooring areas. Public
               mooring areas are defined as those mooring areas managed by municipal or state
               agencies (Proposed RICRMP ï¿½300.4.A.5). All new public mooring areas and
               significant expansions o'f public mooring areas currently require the Council's
               approval in the form of its approval of amendments to a municipal harbor
               management plan and harbor ordinance. Significant expansions of public mooring
               areas are defined as any expansion of a public mooring area beyond its previously
               designated perimeter limit (Proposed RICRMP ï¿½300.15.A.3). In reaching its decision,
               the Council ensures that the proposal is consistent will all applicable policies and
               requirements contained in the RICRMP, notably those contained in ï¿½300.15 -
               (Proposed RICRMP ï¿½300.15) and the CRMC's Guidelines for the Development of
               Municipal Harbor Management Plans (Appendix F).

               Implementation of the Measure
               The CRMC's Municipal Harbor Management Program (M]FIMP) will be used to
               implement the Marina Flushing Management Measure with respect to the siting
               and design of new public mooring areas or significant expansions to existing public
               mooring areas. The siting and design of all public mooring areas are subject to the
               requirements contained in the Guidelines for the Development of Municipal
               Harbor Management Plans and Proposed RICRMP ï¿½300.15 (Municipal Harbor
               Regulations). Since no municipality can implement a harbor ordinance or charge
               mooring fees unless the CRMC has approved its H1vfP and ordinance, the CRMC
               enforces the implementation of this measure with its approval (Proposed RICPJvIP
               -z300-15-13-1, 2, & 4). Each harbor ordinance must also be consistent with R.I.G.L. 46-4-
                  It should be noted that manv towns are actuall trying to reduce the size of their
                                                            y .
               existing mooring fields as a result of HMPs not increase them. In addition, most of
               -he suitable locations for mooring fields are already utilized. Thus, there are not a
               io- of opportunities. for constructing new public mooring areas or significantly
               e\panding existing mooring areas.

               The CRNIC wIII address the measure in three ways.

                     L Requirements of Section 300.15.

               All new public mooring areas and significant expansions of public mooring areas
               must be consistent with the requirements outlined in the proposed RICFJVW
               @300.15 The proposed amendments to this section will require the following:

                              v and sign ficantly expanded public mooring areas shall be sited in
                        All ne%
                     a manner which ensures that: (a) the tides and/or currents will aid in
                     flushing of the site or renew its water regularly; (b) the proposed mooring



                                                   -7.14-






               -Chaptcr 7

                      area does not cww significant adverse effects on water quahty;     (Proposed
                      RICRMY ï¿½300.15.C.3)-

               Therefore the Council's approval  of amendments to municipal FEMPs and harbor
               ordinances which result in new or significantly expanded public mooring areas will
               be reviewed in accordance with this requirement, ensuring the implementation of
               the measure.

                     2. Revised Guidelines for the Development of Municipal Harbor
                        Management Plans

               The CRMC is currently involved in several projects intended to strengthen the
               CRMC's MHMP pursuant to the Section 309 Enhancement Grants Program (See
               CRMC's Section 309 Strategy for more detail). One of these tasks is the development
               of revised Guidelines for the Development of Municipal Harbor Management
               Plans. The revised Guidelines will include all of the requirements continued in
               Proposed RICF.NV ï¿½300.15 as well as additional policies and requirements associated
               with developing municipal HMPs. One of the goals of this task and the revised
               G u idelines is, to expand the scope of HNWs beyond =onngs and to provide better
               guidance on other issues such as water quality, public access, and shoreline
               development. To this end, the revised Guidelines are being developed for inclusion
               in the state regulations for comprehensive planning and the CRMC is working with
               the RIDOP to incorporate HMPs into municipal comprehensive plans. These
               changes will link the MHMP with the RIMP's municipal comprehensive planning
               program in order to improve the planning and management of shoreline areas.

                     3. Implementation of municipal harbor management plans and harbor
                        ordinances.


               In order to approve a Harbor Management Plan, the CRMC requires that the
               municipallt%- develop and approve a harbor ordinance that implements relevant
               portions of a municipal harbor management plan (See Appendix J for a sample
               harbor management plan and ordinance). Once the CRMC's revised Guidelines are
               adopted, the CRMC,@%-ill not approve any new public mooring areas or significant
               expansions of existing mooring areas unless a municipality has demonstrated that
               the public mooring area is effectivelv sited in a manner which satisfies the
               management measure@s requirements.

               Management Measure Oversight
               Oversight of this program's implementation is the responsibility of the CRMC.

               Enforgement
               The CRMC has broad enforcement authority. If a HMP is found not to be consistent
               with the RICRMP, the municipality cannot enforce and therefore cannot implement
               its harbor ordinance(s). The inabilitv to enforce a HMP on the municipal level


                                                       7.iS -






                 Chapter 7                                                                  1% la r i na s


                 without CRMC appru-di effectively results in CRMC ovatsight of WW
                 administration of harbor plans and ordinances. As the State agency responsible for
                 managing coastal resources, the CRMC has the authority to resume any
                 management responsibilities delegated to the murdcipalities including the
                 implementation of harbor plans. Although the Council cannot implement the local
                 harbor ordinance (RIGL 46-23), if a municipality chose not to manage a mooring
                 field, the moorings would then be subject to the CRMC's review and approval
                 (urdess they were nparian moorings). Furthermore, if a municipality attempted to
                 install a new mooring field or significantly expand an existing field without first
                 receiving a Council Assent, the municipahty would be in violation of the RICRUT
                 and could be subject to a cease and desist order and possble administrative fees or
                 fines. The CRMC has yet to utilize any of these options. Instead, the Council has
                 been successful in working cooperatively with communities by providing the
                 necessary technical assistance to develop and implement effective FEWPs and harbor
                 ordinances.

                 Since the CRMC's enforcement staff and local harbor masters regularly patrol the
                 state's waters, it is unlikely that new mooring fields or existing mooring fields can
                 be expanded without going undetected. In addition, the CRMC requires each
                 mooring field to be delineated on a site plan stamped by a registered land surveyor
                 or professional engineer which clearly identified the mooring field coordinates on
                 the state plane coordinate system. Thus, it is easy for the Council to check suspected
                 violations.


                 Monitorin
                 The CRIMC   wIII monitor implementation of the management measure when it
                 monitors implementation of a HMP- The CRMC's staff regularly tour the harbors
                 vvith the municipal harbor masters to ensure compliance with their HMP. The
                 CIZMC also requires municipalities to submit annual reports of mooring
                 information. These annual reports allow the CRMC to monitor the number of
                 boats in mooring fields and this information could be used to identify possible
                 Unauthorized expansions of public mooring areas. The CRMC's enforcement staff
                 also morutor mooring fields to ensure that they are not expanding without prior
                 approval

                 Financial Needs
                 Tnere are several financial needs associated with the implementation of this
                 measure. First, due to current funding constraints, the CRMC is not in a position to
                 rund the desired level of technical assistance to municipalities or to monitor the
                 implementation of municipal HMPs as effectively as in the past. Second, the
                 municipalities often lack the financial resources necessary to prepare adequate maps
                 of their mooring fields. This may make it difficult for the CRMC to enforce against
                 unauthorized expansions. Finaliy, the municipalities often lack the necessary
                 technical expertise when developing HMPs this requires an additional expenditure



                                                        -7.16-






               C-Impter 7


               ..Of finaricial resources tuch often are not, available. Thfte technical reeds are
               discusseci in more detail below.


               Technical Needs
               The CRMC has no technical needs associated with implementing this measure.
               Municipalities often do have technical needs. They lack trained staff to adequately
               assess flushing dynamics and water quality impacts. They also lack staff with the
               technical expertise necessary to survey their mooring fields. AAdressing both of
               these technical needs. through CRMC staff dedicated to harbor managment pLuu-dng
               will improve implementation of this measure.

               Overall Program Effectiveness
               The goal of the Ml-DAP was to get each of,the 21 coastal towns to develop and
               implement a local harbor management plan (FW) and harbor ordinance. Thus far
               the program has been very successful. As of May 1995, 12 municipalities have
               received Council approval for their HMPs. Two (2) have locally approved HMPs
               and are awaiting Council review /approval. Three (3) are developing HMPs for local
               approval. Two (2) have no harbor related ordinances which require Council
               approval, and therefore are not required to develop HWs. If activities that require
               management begin to occur in these communities, then each will have to develop a
               HMP. The remaining two (2) are working with CRMC, staff to begin the planning
               and development phases for their HMPs.

               One reason for the high level of participation by local governments is that the
               CRMC has taken several steps to assist cities and towns with the development of
               their HMPs and ordinances. First, the CRMC began the Harbor Management Project
               by developing prototype harbor management plans for four communities that were
               representative of certain dominant physical characteristics and types of recreational
               and commercial uses. These four plans served as models for the other
               communities. Second, the CRMC developed Guidelines for both the development
               and approval of HMPs. These Guidelines clearly state what is required for the
               CRMC to approve a HMP. It is expected that the revised Guidelines which are
               currently being developed will, further enhance and improve the development and
               implementation of municipal harbor management plans and ordinances. Third,
               the CR.N-1C prepared a model ordinance which can be used to implement a HMP.
               The model ordinance has proved to be extremely useful and several towns have
               used the model ordinance as the basis of their oidinance. Fourth, CRMC staff
               provide technical assistance to the towns throughout the planning process.
               Typically, staff attend local harbor commission meetings to answer questions and
               provide information on approaches to specific problems and issues.

               The MHMP has been successful in bringing coastal management to the local level by
               increasing the visibility and importance of coastal issues to municipal officials. The
               harbor management priocess has also been very successful in helping cities and
               tow'ns resolve resource and user conflicts. For example, the harbor management


                                                      -7.17-






                  Ch,ipter 7


                  process was the cataly- ior resolving a long standing boudary dispute between two
                  towns regarding die regulation of moorings.


                  RIDEM Division of Water Resources, 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
                                                                rL for Water Pollution Control. The
                  the Rhode Island Water Quality Regulatio s
                  Rhode Island Water Quality Certification Program evaluates proposed projects to
                  determine compliance with Rhode Island's water quality standards implemented
                  under the Federal Clean Water Act.

                  Implementation of the Meastere
                  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. The water quality certification review assesses all
                  aspects of a proposed project and its impacts to water quality. Certification of the
                  project is granted when a determination has been maae that, under conditions
                  specified in the certification, the project is in compliance with the Rhode Island
                  Water Quality Regulations 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
                          necessarv to protect those existing uses shall be maintained and protected.

                  The kl%'ater Qualltv 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 quailtv certification re%,ie,**,, assesses all the potential impacts on water
                  aualitv in terms of these criteria.

                  In general, the Rhode Isla  nd Water Qualitv Certification (WQC) Program @the
                  Program), which is more inclusive than the 401 Program, provides for review of
                  project.; within the State for compliance with the Rhode Island Water Quality
                  Regulations. These regulations allow for broad interpretation, therefore affording
                  the ability to prevent further degradation and.loss of uses by denying WQC or .
                  placing approprite conditions in a WQC to protect existing water quality and uses. If
                  conditions of a WQC are not complied with, the R.I.G.L. 42-17.1, 42-17.6 and 46-12


                                                            -7.18-






                Ompter 7                                                                      Ma r ilia S


                give authority to seek r.--nalties, as well as require rectific.,,Oft of the impact(s)
                resulting froin noncompliance.

                All states have the authority to issue WQCs for federal projects under section 401 of
                the C3ean Water Act. Rhode Island has expanded its Program to include projects
                which require state permits. Both CRMC and RIDEM Division of Freshwater
                Wetlands regulations require WQC for certain activities. In order to clarify the
                requirements of the WQC Program and how it functions, draft Water Quality
                Regulations contain language describing the Program and listing projects requiring
                certification.

                When a marina project is under review for WQC, that review would include siting
                and design of the marina t *o minimize water quality and existing impacts. Any
                requirements that would be necessary for the project to be in compliance with the
                Regulations would be contained in the WQC, i.e., conditions of the WQC- .                  I
                in accordance with Section 401 of the Clean Water Act, a federal agency caruwt issue
                a final license or permit for any activity involving a potential discharge 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.

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

                Enforcement
                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 the RIDEM Division
                of Water Resources in accordance with R.I.G.L. 46-12 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 authority
                and b%- the RIDEM Division of Water Resources in accordance with R.I.G.L. 46-12 of
                up to S23,000 per day.

                Monit
                Monitoring of conditions of the water quality certification can be conducted by the
                permitting agency or bv. RIDEM, D.ivision of Water Resources during construction
                and/or after cons'tru'cti'on to assure implementation of the management measure.






                                                        -7.19-






                 (-Impter 7                                                                   MarinaN


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

                 Techn*cal 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 are expected to allow for more efficient implementation of the
                 management measure.





































                                                       -7.20-






               Chapter 7
                                                                                     Ma r i n a


               Water Quality Assessment



                                          Water Quality Assessment
                           Assess water quality as part of marina siting and design.



               Applicability

               See Marina Flushing Management Measure.


               Programs Implementing the Measure
               This management measu  re will be implement by the Rhode Wand Coastal
               Resources Management Program (CRMC's permit process), the C"C's Municipal
               Harbor Management Program (NIHMP), and the Rhode Island Department of
               Environmental Management, Division of Water Resources Water Quality
               Regulations and the Water Quality Certification Program. Thew programs are
               described in more detail below.

               Rhode Island Coastal Resources Management Program

               This management measure will be implemented through the CRMC's permit
               process-in accordance with the requirements contained in the Rhode Island Coastal
               Resources Manqement Prc@!zrani (RiCRMP). For more information on the CRMC,s
               permit process and the nature of the program, see Chapter 2 of this document. For
               more information on the monitoring and enforcement of this measure and the
               programs overall effectiveness, see the discussion contained in the section
               addressing the Marina Flushing Management Measure.

               linplementation of the Measure
               The Water Qualitv Assessment Management Measure will be implemented by the
               CRMC, in coordination with the RIDEM, pursuant to the regulatory requirements of
               the RICRMP for all marinas. As defined by the CRMC, marinas are currently
               defined as an%- facilitv that contains five or'
                                                       more boats, or piers where five or more
               boats may tie up (RI(tRMP 000.4.A.2) Proposed RICRMP amendments will include
               marina mooring areas, and mooring areas managed by private organizations in this
               definition(Proposed RICRMP &300.4.A.5).

               There are three separate provisions in the RICRMP which implement, or will
               implement, this management measure.



                                                   -7.21-






                C- hapter 7                                                                 Marinas


                       L Water Type &.0sicies (RICRMP Table I and ï¿½20Gvi

                See the discussion contained in the section addressing the Marina Fluslung
                Management Measure.

                       2. Category B Requirements

                Table 1 of the RICRMP indicates that a new marina facilities are reviewed as
                Category B applications and significant in-water expansions of marinas are also
                reviewed as Category B applications. As a Category B application, the applicant must
                satisfy the general requirements outlined in RICRMP ï¿½300.1. Accordingly, each
                applicant proposing a new marina or a  significant expansion to a marina facility is
                required to:

                       "describe the boundarie's of the coastal: waters and land area that. are
                        anticipated to be affected (RICRMP ï¿½300.13)."

                       "demonstrate that the alteration or activity will not result in significant
                        impacts on erosion and/or deposition processes along the shore and in tidal
                        waters (RICRMP ï¿½300-1.4)."

                       "demonstrate that the alteration will not result in significant impacts to water
                        circulation, flushing, turbidity, and sedimentation (RICRMT ï¿½300.1.7)."

                       "demonstrate that there will be.no significant deterioration in the quality of
                        the water in the immediate vicinity as defined by DEM (RICRMP ï¿½300.1.8)."

                       "demonstrate that the alteration or activitv will not result in significant
                        conflicts with water-depenclent uses ancf activities such as recreational
                        boating, fishing, swimming, navigation, and commerce (FlCRMP
                        i300-1 - 10).

                Each of these requirements must be addressed in the application and site plans.
                These requirements ensure that water quality is assessed as part of the siting and
                design of a marina.

                As previously described (see Chapter 2 and the discussion contained in the section
                addressing the Marina Flushing Management Measure), a CRMC permit team,
                comprised of a biologist and an engineer, evaluate proposed new marinas and
                sigmficant expansions of existing marinas to ensure compliance with the goals,
                policies and standards of the RICRMP. Such review includes evaluation of existing
                and proposed conditions and any potential impacts of the project. Working in a
                team approach which allows for a holistic view of the proposed project and its
                impacts, the staff biologist and engineer analyze potential disruption of habitat and
                effects on adjacent flora and fauna as well as other coastal resources. In conducting


                                                       -7.22-






                Chapter 7                                                                  Marina,.


                                 Ls, s,-.r re)V upon the best available imurmifm during the
                project evaluation
                review, including- professionally sanctioned guidance manuals, recent research
                literature, task force studies, and the like. When necessary and in accordance with
                the CRMCs Enabling legislation (RIGL 46-23-14), experts in specific fields can be
                called upon to provide supplemental information.


                      3. Requirements of ï¿½300.4 of the RICRMP

                While the requirements associated with numbers 1 and   2 above effectively combine
                to implement the Water Quality Assessment Management Measure, the CRMC is
                also proposing to amend its existing standards for marina construction. The
                proposed amendments contained in Appendix 7A are intended to further
                strengthen the CRMC's implementation of this management measure. All new
                marinas and significant expansions of marinas (Proposed RICRMP ï¿½300-4-A.6) must
                be consistent with the standards contained in RICRMP PWA.E. There are two
                proposed amendments which pertain to this management measure. They are:

                      .,Site and design marinas and ancillary structures such that tides and/or
                       currents will aid in flushing of the site and renew itswater regularly.
                       Turning basins and navigation channels shall be designed to prevent long-
                       term degradation of water quality. In areas where there is poor water quality
                       -circulation, the depth of boat basins and access channels should not exceed
                       that of the navigable channel (Proposed RIUNIF ï¿½300.4.E.l.a)"

                      "Demonstrate that the proposed activity does not create significant adverse
                       effects,on water quality during and following construction of the marina
                       facility (Proposed RICfZN4P &300.4.E.La)"

                The CrUMC's permit re,.,ie%,,- process, which is described in more detail in Chapter 2
                of this document, will ensure that this measure is implemented for all new marinas
                and significant expansions of marinas.

                Management Measure Oversight
                Oversight of this program is the responsibility of the CRMC.

                Financial Needs
                One of the problems  associated with enforcement of this measure will be in the
                avallabilitv of enforcement staff. The CRMC currently has only two enforcement
                staff. Wh ile 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 621@ to enforce the marina measures.



                                                      -7.23-






                C_ ha pter 7                                                             Marinas


                TechLlical Needs
                At this time it is unclear if there are any clear technical needs associated with the
                implementation of this measure.

                Monitoring
                The CRMC can require applicants to monitor prior to, and during, marina
                construction activities to ensure that permit conditions, i.e., BmTs, are effective in
                maintaining water quality. As described under CRMC implementation of the
                measure, all new marinas are subject to Category B requirements (Section 300.1) and
                Section 300.4. Applicants for activities which are reviewed at a Category B level
                (including new and significantly expanding marinas) must "demonstrate that there
                will be no significant deterioration in the quality of the water in the immediate,
                vicinity as defined by DEM". In order to demonstrate no significant impacts to water
                quality, applicants must develop baseline data, which, in effect, requires the
                establishment of pre-existing conditions through monitoring.

                The CRMC may require additonal monitoring as a marina permit condition.
                However, additonal resources would be required to ensure that these permit
                conditions, including any monitoring requirements, are being met and that the
                results of monitoring do not indicate problems which require additional follow-up.

                For more information on the monitoring and enforcement of this measure, see the
                discussion contained in Chapter 21 of this document and under the Marina Flushing,
                Management Measure.


                CRMC's Harbor Management Program

                Thi,;. management measure %,%-III be implemented through requirements of the
                CRMC s Municipal Harbor Management Program (MHMP). For a more detailed
                discussion of the MHMP, see Chapter 2 of this document. For a more detailed
                discussion of the program's monitoring and enforcement and its overall
                efiectiveness see the Marina Flushing Management Measure.

                Implepnetitation of the Measure
                The CRMCs Municipal Harbor Management Program (MHMP) will be used to
                implement the Water Qualm- Assessment Management Measure with respect to the
                siting and design of ne,.%- public mooring areas or significant expansions to existing
                public mooring areas similar to the implementation of the Marina Flushing
                Management Measure. The CRMC wIII address the measure in three ways.

                      I. Requirements of Section 300.15.






                                                     -7.24-






               0 m pter 7


               All new public moorL, areas and significant expansionb vf public mr-vmmg areas
               must be cunsistent with the requirements outlined in the Proposed Riump
               ï¿½300.15. The proposed amendments to this section will require the fonowing:

                      "3. All new and significantly expanded public mooring areas shall be sited in
                      a manner which ensures that: (a) the tides and/or currents wW aid in
                      flushing of the site or renew its water regularly; (b) the proposed mooring
                      area does not cause significant adverse effects on water quality; ... (Proposed
                      RICRMP ï¿½300.15.C.3)-

               Therefore the Council's approval of amendments to municipal HMPs and harbor
               ordinances which result in new or significantly expanded public mooring areas will
               be reviewed in accordance with,tWs requirement and ensure the implementation of
               the measure.

                      2. Revised Guidelines for the Develop   ment of Municipal Harbor
                        Management Plans

               The CRMC is currently involved in several projects intended to strengthen the
               CRMC's MHMP pursuant to the Section 309 Enhancement Grants Program (See
               CRMC's Section 309 Strategy for more detail). One of these tasks is the development
               of revised Guidelines for the Development of Municipal Harbor Management
               Plans. The revised Guidelines will include all of the requirements continued in
               Proposed RICRMP ï¿½300.15 as well as additional policies and requirements associated
               with developing municipal HMPs-

                     3. Implementation of    municipal harbor management plans and harbor
                        ordinances.


               In order to approve a Harbor Management Plan, the CRMC requires that the
               municipality develop and approve a harbor ordinance that implements relevant
               portions of a municipal harbor management plan (See Appendix J for a sample
               harbor management plan and ordinance). Once the CRMC's revised Guidelines are
               adopted, the CRMC will not approve any new public mooring areas or significant
               expansions of existing mooring-areas unless a municipality has demonstrated that
               the public mooring area is effectively sited in a manner which satisfies the
               management measures requirements.

               Management Measure Oversight
               Oversight Of this program's implementation is the responsibility of the CRMC-

               Financial Needs
               There are several financial needs associated with the implementation of this
               measure. First, due to state budget cuts, the CRMC is not in a position to fund the
               desired level of technical assistance to municipalities or to effectively monitor the


                                                       -7.25-






                L- I m p t e r 7
                                                                                          1% la r i nas


                implementation of m-acipal HWs- Second, there is aj,,ufficient financial
                resources to expand monitoring activities to a level which could be useful in terms
                of monitoring the effectiveness of this management measure. Third,,the
                municipalities often lack the financial resources necessary to prepare adequate maps
                of their mooring fields. This makes it difficult for the CRMC to enforce expansions.
                Finally, the municipalities often lack necessary technical expertise when developing
                IIMPs this requires and additional expenditure of financial resources which often
                are not available. These technical needs are discussed in more detail below.


                Technical Needs
                The CRMC has no technical needs associated with implementing this measure.
                Municipalities often do have technical needs. They lack the trained staff to
                adequately assess flushing dynamics and water quality impacts. They also lack staff
                with the technical expertise necessary to survey their mooring fields. Addressing
                both of these technical needs will improve implementation of this measure.


                RIDEM Division of Water Resources, Water Quality Certification Program

                For more information on the  RIDEM's Water Quality Regulations and Water
                Qualitv Certification Program see the program descriptions contained in Chapter 2.
                For a more detailed discussion of how these programs implement this management
                  easure see the Marina Flushing Management Measure.



























                                                      -7-26-






              _(-hapter 7                                                                 Marinas


               Habitat Assessment




                                              Habitat Assessment
                           Site and design marinas to protect against adverse effects
                           on shellfish resources, wetlands, submerged aquatic
                           vegetation, or other important riparian and aquatic
                           habitat areas as designated by local, State, or federal
                           governments.
                           L_ -                                                                       I

               Applicability

               This management measure applies to all new and expanding marinas where site
               changes may impact on wetlands, shellfish beds, submerged aquatic vegetation, or
               other important habitats. See Marina Flushing Management Measure for definition
               of a marina, marina expansion, and other marina facilities covered by this
               management measure.


               Programs. Implementing the Measure

               This management measure will be implemented by the Rhode Island Coastal
               Resources Management Program (CRMC's permit process), the CRMC's Municipal
               Harbor Management Program (MHMP), and the Rhode Island Department of
               Environmental Management, Division of Water Resources Water Quality
               Regulations and the Water Qualitv Certification Program. These programs are
               described in more detail below.


               Rhode Island Coastal Resources Management Program

               This management measure will be implemented through the CRMC's permit
               process in accordance with the requirements contained in the Rhode Island Coastal
               Resources Management Program (RICRMP). For more information on the CRMC's
               permit process and the nature of the program, see Chapter 2 of this document. For
               more information on the monitoring and enforcement of this measure and the
               program's overall effectiveness, see the Marina Flushing Management Measure.

               Implementation of the Measit"
               The Habitat Assessment Management Measure will be implemented by the CRMC
               pursuant to the regulatory requirements of the RICRMP for all marinas. As defined
               by the CRMC, marinas are currentiv defined as any facility that contains five or
               more boats, or piers where five or more boats may tie up (RICR1vW ï¿½300.4.A.2)


                                                     -7.27-






                 Lhapter 7                                                                 Ma r i na s


                 Proposed PJCF.W au.-ndments will include marina nu^jciv- area       and mooring
                 areas managed by private organizations in this definition(Proposed RICRMF
                 ï¿½300.4.A.5).

                 There are three separate provisions in the RICRIVT which implement, or will
                 implement, this management measure.

                       1. Water Type Policies (RICRMP Table I and ï¿½200.3)
                 The designation of water types took into account factors associated with siting and
                 design of marinas. Type 3 waters were generally classified for areas where there was
                 suitable upland for support facilities and adequate water depths and circulation to
                 ensure that water quality would not be adversely affected by the siting of now
                 marina facilities. In addition, Type 1 and Type 2 Waters designations were designed
                 to protect important riparian and aquatic habitat areas from further development.
                 Type I and Type 2 waters comprise approximately 80% of the shoreline in Rhode
                 Island. Accordingly, since new marinas and significant expansions of marinas are
                 prohibited in Type I and Type 2 waters. The CRMC's water types effectively protect
                 these areas and implement the management measure.

                       2. Category B Requirements

                 Table I of the RICRMP indicates that all new marina facilities are reviewed as
                 Category B applications and significant in-water expansions of marinas are also
                 revlewe@ as Category B applications. As a Category B application, the applicant must
                 satisfy the general requirements outlined in RICRMP ï¿½300.1., Accordingly, each
                 applicant proposing a new marina or a significant expansion to a marina facility is
                 required to:

                       "demonstrate that the alteration or activitv will not result in significant
                         impacts on the abundance and diversity of plant and animal life (RICRMP
                         ï¿½300.1.5)."

                 Thi, requirement must be addressed in  writing and submitted with the application
                 and site plan. These requirement ensures that applicants assess habitats and the
                 impact on habitats associated with a project.

                       3. Requirements of 000.4 of the RICRMP

                 While the requirements associated with numbers I and 2 above effectively combine
                 to impl ement the Habitat Assessment Management Measure, the CRMC is also
                 proposing to amend its existing standards for marina construction. The proposed
                 amendments contained in Appendix 7A are intended to further strengthen the
                 CRMC's implementation of this management measure. All new marinas and
                 significant expansions of marinas (Proposed RICRMP ï¿½300.4.A.6) must be* consistent


                                                       -7-28-









                                                                                           armas


              with the standards co,..dined in RICRW ï¿½3WALF- 71he proposed
              pertaining to this management measure is:

                     "(c) Site and design marinas to protect against adverse effects on fish and
                     shellfish resources, wetlands, submerged aquatic vegetation, or other
                     important riparian and aquatic habitat areas during and.following
                     construction (Proposed RICRMP ï¿½300.4.E.1-a)."

              The -CRMC's permit review process will ensure that this measure is implemented
              for all new marinas and significant expansions of marinas.

              All applicants for new and significantly expanding marinas must meet the
              requirements of Sections 300.1 (Category B requirements) and 300.4 (Recreational
              Boating Facilities). Applications are reviewed in accordance with the requirements
              contained in these sections which are outlined in Chapter 2 and in the discussion
              under the Marina Flushing and Water Quality Assessment management measures.

              Management Measure Oversight
              The implementation of this management measure will be monitored and enforced
              in a manner similar to the Marina Flushing Measure. For more information see
              that discussion.


              Financial Need
              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 marina measures.


              Technical Needs
              Rhode Island lacks accurate maps of riparian and aquatic habitat areas at a scale
              appropriate for permitting. Accordingly, staff must often conduct field inspections
              to %,erlf%- conditions on site.

              Currently, Rhode Island uses the foliowIng information for resource inventories:
              Rhode island Natural Heritage Program (rare, endangered and threatened occurence
              of species and their habitat), the Narragansett Bay Project habitat inventory and
              resources mapping, U.S.F.W.S. habitat data (partially on GIS); and DEM Division of
              Fish, Wildlife and Estuarine Resources shellfish and fin fish habitat data (hard copy
              reports onJv); and URI geologic materials mapping for shoreline areas. Rhode
              Island will be adding detailed submerged aquatic vegetation coverages for the entire
              State as part of the Narragansett Bay project. As the CRMC recently acquired a GIS,
              the State will be relying increasingl'y upon digital data for evaluating site specific
              proposals. As specific coverages are developed by the CRMC, they will be added to


                                                     -7-29-





                  Chapter 7


                  the state GIS data bas. .nd therefore milable to all ma-b. Conversely, any updated
                  habitat irdormation developed ai-ld incorporated into the state GIS wal be available
                  to the CRMC. In addition, as site-specific data is generated through the evaluation
                  of permit applications, habitat data will become part of CRMCs data set. The
                  development and incorporation of this data into the Rhode island Geographic
                  Information System (RIGIS) could facilitate the review of projects, particularly
                  minor applications, and the preparation of more detailed permit applications.


                  CRMCs Harbor Management Program

                  This management measure will be implemented through requirements of the
                  CRMC's Municipal Harbor Management Program (NfflW). For a more detailed
                  discussion of the MHMP and the overall effectiveness of the program see the
                  discussion contained in the Marina Flushing Management Measure section.

                  Implementation of the Measure
                  The CRMC's Municipal Harbor Management Program (NEFIMP) wW be used to
                  implement the Habitat Assessment Management Measure with respect to the siting
                  and design of new public mooring -areas or significant expansions to existing public
                  mooring areas similar to the implementation of the Marina Flushing Management
                  Measure. The CRMC will address the measure in three ways.

                         1. Requirements of Section 300.15.

                  All ne%-.- public mooring areas and significant expansions of public mooring areas
                  must be  consistent with the requirements outlined in the Proposed RICRMP
                  :i 3 0 P -.1 _5 The proposed amendments to this section will require the following:

                            All new and significantl%, expanded public mooring areas shall be sited in
                         a manner which ensures that: ... (c) there are no significant adverse effects
                         on fish and shellfish resources, wetlands, submerged aquatic vegetation, or
                         other important riparian and aquatic habitat areas; ... (Proposed RICRMP
                         @300-15-C-3)"

                  Thereiore the Counc-ll*s approval of amendments to municipal HMPs and harbor
                  ordinances which result in ne-w or significantly expanded public mooring areas will
                  be revie%vecl *in accordance with this requirement and ensure the implementation of
                  the measure.


                        2. Revised Guidelincs for the Dcvelopinent of Municipal Harbor.
                           Management Plans

                  The CRMC is currentl%, involved in several projects intended to strengthen the
                  CR.MC's MHMP pursuant to the Section 309 Enhancement Grants.Program (See


                                                          -7.30-






              C hopter


              CRMCs Section 309 S@ .,egy for more detail). On  e of      usks is the development
              of revised Guidilines for the Development of Municipal Harbor mougemenf
              Plans. The revised Guidelines will include all of the requirements contained in
              Proposed RICP.NW PM-15 as well as additional policies and requirements associated
              with developing municipal FIMPs.

                     3. Implementation of municipal harbor management plans and harbor
                       ordinanceL

              In order to approve a Harbor Management Plan, the CRMC requires     that the
              municipality develop and approve a harbor ordinance that implements relevant
              portions of a municipal harbor management plan (See Appendix J for a sample
              harbor management plan and ordinance). Once the CRMCs revised Harbor
              Management Guidelines are adopted, the CRMC will not approve any new public
              mooring areas or significant expansions of existing mooring areas unless a
              municipality has demonstrated that the public mooring area is effectively sited in a
              manner which satisfies the management. measure's requirements.

              Managem-ent Measure Oversight
              Oversight of this program's implementation is the responsibility of the CRMC. For
              more information see the Marina Flushing Measure.

              Financial Needs
              There are several financial needs associated with the implementation of this
              measure. First, due to state budget cuts, the CRMC is not in a position to fund the
              desired level of technical assistance to municipalities or to effectively monitor the
              implementation of municipal HMPs. Second, there is insufficient financial
              resources to expand the monitoring. activities to a level which could be useful in
              terms of monitoring the effectiveness of this management measure. Finally, the
              municipalities often lack the financial resources necessary to complete new resource
              .inventories while preparing their HMPs and thus rely on existing reports. This
              makes it difficult for them to adequateh, judge impacts to important riparian and
              aquatic, habitat areas. These techrucal n-eeds are discussed in more detail below.

              Technical Needs
              The CRMC has no technical needs associated with implementing this measure.
              Municipalities often do have technical needs. They lack the trained staff to
              adequate]%- assess habitat conditions. Accordingly, municipal officials must rely on
              previously published reports which are often at a scale unsuitable for the siting and
              design of new mooring fields They also lack staff with the technical expertise
              necessary to survey existing habitats. Addressing both of these technical needs will
              improve implementation of this measure. It could be accomplished by preparing a
              series of detailed resource inventories of near coastal waters and incorporating this
              information into the Rhode Island Geographic Information System (RIGIS) and is



                                                     -7.31-






                Chapter                                                                Marinas


                one possible use of S--jon 6217 implementation hmdinb. 7jus mfomatjon would
                also benefit the CRK in its review of otrier relattd projectL


                RIDEM Division of Water Resourc es, Water Quality Certification Program

                For more information on the RIDEM's Water Quality Regulations and Water
                Quality Certification Program see the program descriptions contained in Chapter 2.
                For a more detailed discussion of how these programs implement this management
                measure see the Marina Flushing Management Measure.










































                                                    -7.32-






              Chapter 7                                                              Marinas


              ShoreHne Stabilimwn




                                           Shoreline Stabilization
                          Where shoreline erosion is a nonpoint source pollution
                          problem, shorelines should be stabilized. Vegetative
                          methods are strongly preferred unless structural methods
                          are more cost effective, considering the severity of wave
                          and wind erosion, offshore bathymetry, and the potential
                          adverse impact on other shorelines and offshore areas.



              Applic  ability

              This management measure applies to all new and expanding marinas where site
              changes may result in shoreline erosion. See Marina Flushing Management
              Measure for definition of a marina, marina expansion, and other marina facilities
              covered by this measure.

              Program Implementing the Measure

              This management measure will be implement by the Rhode Island Coastal
              Resources Management Program (CRMC's permit process) and the Rhode Island
              Department of Environmental Management, Division of Water Resources Water
              Qualin, Regulations and the Water Quality Certification Program. These programs
              are described in more detail below.


              Rhode Island Coastal Resources Management Program

              This management measure will be* implemented through the CRMC's permit
              process in accordance with the requirements contained in the Rhode Island Coastal
              Resources Management Prc@gram (RICRMP). For more information on the CRMC's
              permit process and the nature of the program, see Chapter 2 of this document. For
              more information on the monitoring and enforcement of this measure and the
              program's overall effectiveness, see the Marina Flushing Management Measure.

              Implementation of the measol"
              The Shoreline Stabilization Management Measure will be implemented by the
              CRMC pursuant to the regulatory requirements of the RICRMP for all marinas. As
              defined b%, the CRMC, marinas are currently defined as any facility that contains five
              or more boats, or piers where five or more boats may tie up (RICRMP ï¿½300.4.A.2)
              Proposed IUCRMP amendments will include marina mooring areas, and mooring



                                                  -7.33-






                   tiapter 7                                                                    Nlarinas

                 areas managed by pri..ce organizations in this definitiotateroposed RICRMP
                 ï¿½300.4.A.5).

                 Mazinas are generally not located in areas where shoreline erosion is a nonpoint
                 pollution problem. R1 has sandy beaches and rocky shorelines. No clay soils in the
                 vicinity of areas suitable for marina development (very limited clay soils exist in
                 inland areas). In areas where marina development is allowed, sand has never been
                 determined to be a nonpoint pollution problem. In areas with rocky shores, clearly
                 no nonpoint problems associated with eroding shorelines have been or are expected
                 to be detected.

                 The provisions in the RICRMP which implement, or will implement, this
                 management measure are described below.

                        1. Policies for Water Types and Coastal Features (See Table I Matrices)

                 The matrices contained in Table 1 of the RICRW summarize where structural
                 shoreline protection is and is not allowed. For example, structural shoreline
                 protection is prohibited on all beaches and barrier beaches and on any coastal feature
                 adjacent to Type I waters. Structural shoreline protection is- also prohibited in Type
                 I waters.


                        2. RICRMP Section 300.7 Construction of Structural Shoreline Protection
                          Facilities.

                 .Section 300.7 of the RICRMP contains many of the Council's detailed policies and
                 standards with respect to constructing structural shoreline protection facilities. The
                 Council does favor non-structural methods for controlling erosion over structural
                 forms (RICIU\4P Sections 300-7.B.1 and 300.7.E.1). In addition, applicants for
                 structural shoreline protection facilities must:

                            demonstrate that the proposed structure has a reasonable probability of
                        controlling the erosion problem; (b) demonstrate that the proposed structure
                        is not likely to increase erosion in adjacent areas; (c) demonstrate that the
                        proposed structure is an appropriate solution to the erosion problem   ... ; (d)
                        describe the long-term maintenance program for the proposed facilitV    ...
                        and, (e) ... be designed by a professional engineer (RICRMP Section
                        300.7-E-2)."

                        3. Category B Requirements

                 In addititon to other sections of the RICRMP, all marina development is subject to
                 section 300.1 (Category B Requirements) whereby the applicant must "demonstrate
                 that the alteration or activit%, will not result in significant impacts on erosion and/or
                 deposition processes along the shore or in tidal waters." Staff reviews potential


                                                         -7.34-






                Chapter 7                                                                      A,


                erosional wave actiot. the vicinitv of the proposed ach.ity. Staff also reviews
                coastal slopes, so.U ", and vegetative cover of the area to ensure that the potential
                wave action and the development will not create a nonpoint pollution problem. To
                                                                         slarid Soils Survey,
                assist in this evaluation CRMC staff relies upon the Rhode L
                aerial photographs (for historic site conditions), and applicable engineering
                principles.

                Accordingly, the Council's existing policies governing structural shoreline
                protection adequately implement the management measure. It should be noted that
                pursuant to a Project of Special Merit funded pursuant to Section 309 of the federal
                Coastal Zone Management Act, the Council is revising many of its barrier beach and
                structural shoreline protection policies. However, none of the regulation changes
                beingdeveloped will affect the regulations and requirements as described above.

                Management Measure Oversight
                The implementation of this management measure will be monitored and enforced
                in a manner similar to the Marina Flushing Measure. For more information see
                that discussion.


                financial Needs
                The CRMC currently has only two enforcement staff. While the Council's recent
                5ection 312 Evaluation Findings identified some significant improvements in
                enforcement, it also identified the addition of more dedicated enforcement
                personnel as a prioritv 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 marina measures.


                Technical Needs
                There are no identified technical needs associated with implementing this
                management measure at this time.


                RIDENI Division of Water Resources, Water Quality Certification Program

                The WQC review for marinas, as for other projects, would require methods be
                emploved to minimize /prevent shoreline erosion. Conditions to this end would be
                included in the WQC.

                For more information on the RIDEM's Water Quality Regulations and Water
                Qualitv Certification Program see the program descriptions contained in Chapter 2.
                For a more detailed discussion of how these programs implement this management
                measure see the discussion contained in the Marina Flushing Management
                Measure.






                                                    -7-35-






              L hapter 7                                                         Nlarinas


              Stormwater Rum&



                                          Stormwater Runoff
                          Implement effective runoff control strategies which
                          include the use of pollution prevention activities and the
                          proper design of hull maintenance areas. Reduce the
                          average annual loadings of TSS in runoff from hull
                          maintenance areas by 80%. For the purposes of this
                          measure, an 80% reduction of 7SS is to be determined on
                          an average annual basis.



              Applicability

              This management measure applies to all new and.expanding marinas, and to
              existing marinas for at least the hull maintenance areas. See Marina Flushing
              Management Measure for definition of a marina, marina expansion, and other
              marina facilities covered bv this management measure.


              Program Implementing the Measure

              This management measure will be implement by the Rhode Island Coastal
              Resources Management Program (CRMC's permit process) and the Rhode Island
              Department of Environmental Management, Division of Water Resources Water
              Qualitv Regulations and the Water Qualitv Certification Program. These programs
              are described in more detail below.


              Rhode Island Coastal Resources Management Program

              This management measure will be implemented through the CRMC's permit
              process in accordance with the -requirements contained in the Rhode 1sland Coastal
              kc,zourcrc Management Pr(@s@ram (RICRMP). For more information on the CRMC's
              permit process and the nature of the program, see Chapter 2 of this document. For
              more information on the monitoring and enforcement of this measure and the
              programs overall effectiveness, see the Marina Flushing Management Measure.

              Implementation of the Meassere
              The Stormwater Runoff Management Measure will be implemented by the CRMC
              pursuant to the regulatory requirements of the RICRMP for all marinas, as defined
              by the CRMC. Marinas ar'e defined as any facility that contains five or more boats, or
              piers where five or more boats mav tie up (Proposed RICRMP ï¿½300.4.A.2) and


                                                -7.36-






               C-hapter 7


               includes marina moos-g areas and mooring areas manab--d by private
               organizations (Proposed RICRMP ï¿½300.4.M).

               The provisions in the RICRW which implement, or will implement, this
               management measure are described below.

                      1. RICRMP Section 300.6 Treatment of Sewage and Stormwater

               The Council's stormwater management requirements are contained in Section
              ,-300.6. In particular, Section 300.6(B) contains the following requirement-

                      "6. After construction has been completed and the site has been permanently
                      stabilized, the average annual total suspended solids (TSS) loadings 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 maintairked at pre-development
                      levels unless: i) the applicant has obtained local or state approval which
                      certifies that the ekisting 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."

               For more information on the Council's stormwater management requirements see
               the discussion contained in Chapter 6 focusing on the New Development
               Management Measure,

                      2. Proposed RICRMP Section 300.4 Recreational Boating Facilities

               Additional stormwater management requirements designed to implement this
               measure are contained in the proposed RICRMP amendments to Section 300.4
               contained in Appendix 7A. Specifically, these proposed regulations require that new
               marinas, and significant expansions of existing marinas:

                      (e) Implement effective runoff control strategies which. include the use of
                       pollution prevention activities and the proper design of hull maintenance
                       areas. Reduce the average annual loadings of TSS in runoff from hull
                       maintenance areas bv 80".. in accordance with the policies and standards
                       contained in Section 300.o. (Proposed RICRMP ï¿½300.4.E.I.e)

               For existing marinas, the proposed RlCRMP amendments to Section 300.4 will
               require each marina to develop and implement ain operation and maintenance
               program in accordance with the requirements contained in this section. Specifically,
               the proposed regulations require that:

                      "All marina fac ilitles shall have an operation and maintenance program
                       approved by the Council in accordance with the requirements of this section


                                                     -7-37-






              L hopter 7                                                        Ma r i iii


                     by January 1. _,:P9. Each operation and maintariaace program shaU be
                     consistent with the most recent version of the Environmentat Guide for
                     Marinas (Proposed RICRMP ï¿½W-4-B.12)

              Each marina operation and maintenance plan will be required to address, through
              the implementation of best management practices, a series of elements including
              stormwater runoff, fueling stations, solid wastes, liquid materials, fish waste,
              petroleum control, boat cleaning operations, and maintenance of sewage disposal
              facilities in order to implement (g)measures associated with marina operation and
              maintenance. Operation and maintenance programs wiD be required to be updated
              every five years.

              With reference to the stormwater runoff measure for existing marinas, marina
              operation and maintenance programs must, at a minimum, demonstrate the
              following:

                    "(1) When hull mat.ntenance areas are present: Effective runoff control
                       strategies which include the use of pollution prevention activities and
                       the proper design of hull maintenance areas are implemented such that
                       the average annual loadings of Total Suspended Solids (TSS) is reduced
                       by 80% in accordance with the requirements of Section 300.6;
                       (Proposed RICRMP &300.4.E.2.b.1)."

              Like the (g)Guidance, the Environmental Guide for Marinas recommends a series
              of BMPs which, either inclividualIv or in combination, and dependent upon site
              'conditions, will meet the 80",-, TSS. For example, the Manual recommends the use
              or installation of vegetated buffers, wet ponds, crushed gravel in lieu of asphalt, etc.
              The choice of BMPs is left to the design professional and evaluated by CRMC staff to
              ensure that the 80',%. TSS standard, as well as. all other marina siting and design
              standards, are met in consideration of site-specific conditions.

              For additional discussion of the proposed operation and maintenance program see
              the discussion of the Solid Waste Management Measure in this Chapter.

                    3. Rhodc Island Storinwater Dcsign and Installation. Standards Manual

              In addition to the regulator\ requirements contained in Section 300.4 and Section
              100-t), the Rhode IsImid StornIU1111rr Design and Installation Standards Manual was
              recenfly adopted by the state and is explicitly referenced in the Council's stormwater
              management regulations (Appendix K). All applicants must treat their stormwater
              and prepare stormwater management plans in a manner consistent with this
              manual.








                                                -7.38-






               Ompter 7                                                             NI a ri ims


               Management Measu)- Uversight
               The implementation of this management measure will be monitored and enforced
               in a manner similar to the Marina Flushing Measure. For more information see
               that discussion.

               Financial Needs
               The CRMC will need funding to hire additional enforcement staff. In addition, the
               technical assistance required to assist marina owners with the development of their
               operation and maintenance programs will increase the workload. Finally, the
               RIDEM and the CRMC do not have adequate financial resources to expand their
               monitoring programs. 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 CRMC has no identified technical needs associated with implementing this
               management measure. However, marina owners will need technical assistance
               when developing their operation and maintenance programs.


               RIDEM Division of Water Resources, Water Quality Certification Program

               For more information on the RIDEM's Water Quality Regulations and Water
               Qualitv Certification Program see the program descriptions contained in Chapter 2.
                    I
               For a more detailed discussion of how these programs implement this management
               measure see the Marina Flushing Management Measure.























                                                  -7.39-






                 chilpter


                 Fueling Station Deaip



                                               Fueling Station Design
                              Design fueling stations to. allow for ease in cleanup of
                             ,spills.

                 Applicability
                 This management measure applies to all new and expanding marinas where fueling
                 stations are to be added or moved. See Marina Flushing Management Measure for
                 definition of a marina, marina expansion, and other marina facilities covered by
                 this management measure.


                 Program Implementing the Measure

                 This ma nagement measure will be implemented by the Rhode Island Coastal
                 Resources Management Program (CRMC's permit process) and the Rhode Island
                 Department of Environmental Management, Division of Water Resources Water
                 Quality Regulations and the Water Quality Certification Program. These programs
                 are described in more detail below.


                 Rhode Island Coastal Resources Management Program

                 This management measure will be implemented through the CRMC's permit
                 process in accordance with the requirements contained in the Rhode Island Coastal
                 Resources Management Program (RICRMP). For more information on the CRMC's
                 permit, process and the nature of the program, see Chapter 2 of this document. For
                 more information on the monitoring and enforcement of this measure and the
                 program  s overall effectiveness, see the Marina Flushing Management Measure.

                 Implementation of the Measure
                 The Fueling Station Design Management Measure will be implemented by the
                 CRMC pursuant to the regulatory requirements of the RICRMP for all marinas. As
                 defined by the CRMC, marinas are currently defined as any facility that contains five
                 or more boats, or piers where five or more boats may tie up (RICRMP ï¿½300.4.A.2)
                 Proposed RICRMP amendments will include marina mooring areas, and mooring.
                 areas managed by private organizations in this definition(Proposed RICRMP
                 ï¿½300.4.A.5).




                                                       -7.40-






              Chapter 7                                                              Marinas


              The provisiomin tht. -.1CRMIF which implement, or wi. implement, this
              management measure are des@dbed below.

                    1. Proposed RICRMP S  ection 300.4 Recreational Boatin& Facilities

              All new and significantly expanding marina facilities must be consistent with the
              requirements of the proposed RICRMP ï¿½300.4. The proposed amendments contain
              standards for new and significantly expanding marinas which require, in part, that
              operators:

                  (f) Design fueling stations to allow for ease in cleanup of spills. All marinas
                    installing fueling stations shall submit a Spill Response Plan to be approved
                    by the Council in accordance with the Environmental Guide for Marinas.
                    (Proposed RICRUP, ï¿½300.4.E.l.f)

              In addition, marina operation and maintena nce programs for marinas with fueling
              stations will be required to include a Spill Response Plan in order to facilitate spill
              cleanup (Proposed RICRMP, ï¿½300.41.2-(b)(2)).

                    2. CRC's Marina Best Management Practices Manual

              The University of Rhode Island Coastal Resources Center (CRC) has developed a
              best management practices manual for operation and maintenance activities which
              is being funded pursuant to Section 319 of the Clean Water Act (Appendix T). This
              manual specifies appropriate best management practices applicable to fueling
              stations and will be explicitly referenced in the CRMC's proposed marina
              regulations, thus having the affect of requiring the prescribed practices to be
              implemented at all existing marina facilities by the January 1999 deadline.
              Accordingly, the implementation of this management measure will extend beyond
              the applicability criteria as specified above.

              Managcment Measurc Oversight
              The implernentation of this management measure will be monitored and enforced
              in a manner similar to the Marina Flushing Measure. For more information see
              that discussion.


              Financial Need
              The CRLMC will need to hire on additional enforcement staff. The operation and
              maintenance program requirements "-III increase the staff workload and require
              that the Council pro-%-ide significant technical assistance to marina operators.

              Technical Needs
              The CRMC has no identified technical needs associated with implementing this
              management measure at this time. However, the CRMC will have to provide



                                                  -7-41-






               Owpler 7                                                                Marinas


               technical assistance t.- .te marina operatorswhen they p.,epare dudr operation and
               mainteiiance programs..


               RIDEM Division of Water Resources, Water Quality Certification Program

               For more information on the RIDEM's Water Quahty Regulations and Water
               Quality Certification Program see the program descriptions contained in Chapter 2.
               For a more detailed discussion of how these. programs implement this management
               measure see the Marina Flushing Management Measure.









































                                                    -7-42-






                hortcr T                                                              Marina@,


               Sewage Facility



                                                Sewage facility
                           Install pumpout, dump station, and restroom facilities
                           where needed at new and expanding marinas to reduce
                           the release of sewage to surface waters. Design these
                           facilities to allow ease of access and post signage to
                           promote use by the boating public.



               Applicability

               This management measure applies to all new and expanding marinas in areas
               where adequate marine sewage facilities do not exist See Marina Flushing
               Management Measure for definition of a marina, marina expansion, and other
               marina facilities covered bv this management measure.


               Program Implementing the Measure

               This management measure will be implemented by the Rhode Island Coastal
               Resources Management Program (CRMC's permit process) and the Rhode Island
               Department of Environmental Management, Division of Water Resources Water
               Qualitv Regulations and the Water Qualitv Certification Program. These programs
               are described in more detail below.


               Rhode Island Coastal Resources Management Program

               This management measure will be implemented through the CRMC's permit
               process in accordance with the requirements contained in the Rhode Island Coastal
               Resources Managentent Pr(@izrani (RICRMP). For more information on the CRMC's-
               permit process and the nature of the program, see Chapter 2 of this document. For
               more iniormation on the monitoring and enforcement of this measure and the
               programs overall effectivene55, see the Marina Flushing Management Measure.

               hnplementation of the Measurc
               The provisions in the RICRMP which implement, or will implement, this
               management measure are described below.






                                                   -7.43-





                 'Chapter 7                                                                  Marina--,

                       L RICRMP St.-an,300.4 Recreational Boating F&Lties

                 Under the existing Section 300.4, all new and significantly expanding marinas are
                 required to install pumpout facilities. The burden of proof is on applicants to
                 demonstrate that these facilities are = necessary. The decision as to whether or not
                 to require the installation of additional pumpout facitlities in an area will be based,
                 in large port, on EPA's minimum boat-to-pumpout facilities ratios required to
                 achieve and maintain a No Discharge Zone designation. The decision will also be
                 based on the availability of pumpout facilities in the vicinity of a new or expanding
                 marina, economic considerations and general equity. Based on these considerations,
                 the Council may impose more or less stringent requirements when deemed
                 appropriate or necessary.

                 Proposed amendments to this section more explicitly meet this measure's
                 requirements by requiring all new or significantly expanding marina facility to meet
                 the following standards:

                    "(g) All new marina facilities shall be required to install a marine pumpout
                       facility and where appropriate, a dump station. Any expansion or alteration
                       of an existing marina facility that results in greater than or equal to 50 new
                       slips shall be required to install a marine pumpout facility and where
                       appropriate, a dump station. Any expansion or alteration of an existing
                       marina facillty %,hich proposes to increase the number of vessels
                       accommodated at the in-water facilities beyond 25% of the capacity as defined
                       in the original Council Assent shall be required to undertake mitigative
                       measures. If 25",@, of the capacity as defined in the original Council Assent is
                       greater than or equal to 50 slips, then a marine pumpout facility and where
                       appropriate, a dump station shall be required. If 25% of the capacity as defined
                       in the original Council Assent is less than 50 slips, then the-Council shall
                       require either the installation of a marine pumpout facility or other suitable
                       mitigation measures such as a dump station.

                       When the Council has determined that there are already enough marine
                       Pumpout facilities to serve all of the recreational boating facilities found in
                       the region, then the Council may vvaive the requirement for a marine
                       pumpout facility and 'or a dump' station and require alternative mitigative
                       measures.


                       All marine pumpout facilities shall be designed in a manner that serves.the
                       boating publ Ic. In addition, all marine pumpout facilities that are required by
                       the Council to mitigate the adverse impacts to water quality associated with
                       recreational boating shall be open for the general public's use. However,
                       marina operators may charge a fair and nondiscriminatory fee to cover the
                       cost of constructing and operating these facilities. Signs shall be posted
                       informing the public as to the location and availability of pump-out facilities.


                                                        -7.44-






                @_hapter 7                                                               Marinas



                   (h) -3ufficieni restroom facilities shall be provided to service the patrons of the
                       marina. (Proposed RICRMIP, ï¿½300.4-E.I.g & h)"

                In addition, all marinas, through required operation and maintenance programs,
                will be required to demonstrate:

                   (8) When sewage pumpout facilities or dump stations are present on-site: a)
                       Sewage pumpout facilities are maintained in operational condition; b)   of.
                       Appropriate signs have been posted informing the public of the availability
                       pumpout facilities, dump stations, and sanitary facilities; and, c) the use of
                       pumpout facilities, dump stations, and sanitary facilities is encouraged.
                       (Proposed RICRMP, ï¿½300.4.E.2-b.8)

                Operations and Maintenance plans will be administered as conditions of a CRMC
                Assent. All enforcement procedures (as described above) will apply. Marina
                operators will be required to update operations and maintenance plans every five
                vears, or in the event of a modification to the facility which requires a change in the
                approved operations and maintenance plan (proposed RICRMT Section 300.4.E.2(a)).

                       2. CRCs Marina Best Management Practices Manual

                The Universitv of Rhode Island Coastal Resources Center (CRQ has. developed a
                best managerr ent practices manual for operation and maintenance activities which
                was funded pursuant to Section 319 of the Clean Water Act. This manual specifies
                appropriate best management practices applicable pumpout stations (e.g., the
                references to si nage) and will be explicitly referenced in the CRMC's revised
                              9
                marina regulations thus having the affect of requiring the prescribed practices to be
                implemented at all existing marina facilities by the January 19" deadline.

                Management Measit" Oversight
                The implementation of this management measure will be monitored and enforced
                in a manner similar to the Marina Flushing Measure. For more information see
                that discussion.


                Financial Needs
                The C.RMC will need to kure additional erdorc.ement staff. The operation and
                maintenance program requirement will greatly increase the staff workload and
                require additional staff time to provide technical assistance.

                Technical Needs
                The CRMC has no identified technical needs at this time. Marina owners will
                require technical assistance during the development of operation and maintenance
                programs. Finally, the Narragansett Bay Project, administered by the Rhode Island
                Department of Environmental Management (RIDEM) is currently completing a


                                                      -7.45-







                 pumpout siting_plan    iuch identifies the total number  pumpout facilities need to
                 ensure that Narragansett Bay is designated as a no discharge zone. The results of
                 that report may identify additional technical needs.


                 RIDEM Division of W   ater Resources

                 As noted in the introduction to this chapter, Rhode Island is currently pursuing a
                 "No Discharge Zone" designation through the use of federal Cean Vessel Act funds.
                 Currently, 21 pumpout facilities have been installed using these funds. It is
                 anticipated that a total of approximately 25 marine sewage pumpout facilities will be
                 needed to meet the no discharge zone requirements within Narragansett Bay

                 Funds have been targeted to areas where a need has been determined to exist. As a
                 req uirement for receiving these funds, marina operators must agree to install and
                 maintain pumpout facilities in accordance with federal requirements which meet
                 the requirements of this measure. Among the conditions for receiving these funds,
                 pumpouts must be adequately signed, available to the general public, available for.
                 use during appropriate hours. For all new installations,, an operation and
                 maintenance plan is a condition of the required RIDEM Order of Approval, which
                 permits operation of the sewage facility.

                 For more information on the RIDEM's Water Quality Regulations and Water
                 Qualitv Certification Program see the program descriptions contained in Chapter 2.
                 For a more detailed discussion of how these programs implement this management
                 measure see the Marina Flushing Management Measure.
























                                                       -7.46-






                Chapter 7
                                                                                          1% a r i na-s


                Soliei Waste




                                                   Solid Waste
                            Properly dispose of solid wastes produced by the
                            operation, cleaning, maintenance, and repair of boats to
                            limit entry of solid wastes to surface waters.



                Applicability

                See Marina Flushing Management Measure.


                Programs Implementing the Measure

                This management measure will be implemented by the Rhode Island Coastal
                Resources Management Program (CRMC's permit process) and the Rhode Island
                Department of Environmental Management, Division of Water Resources Water
                Qualitv Regulations and the Water Quality Certification Program. These programs
                are described in more detail below.

                Rhode Island Coastal Resources Management Program

                This management measure will be implemented through the CRMC's permit
                process in accordance %,@Ith the requirements contained in the Rliode Island Coastal
                Resources Managenzent Prograni (RICRMP). For more information on the CRMC'        s
                permit process and the nature of the program, see Chapter 2 of this document. For
                more information on the monitoring and enforcement of this measure and the
                program's overall effectix-eness, see the Marina Flushing Management Measure.

                ImpIcinentation of.the Mcasure
                The provisions in the RICRMP which implement, or will implement, this
                management measure are described below.

                      1. Proposed RICRMP    Section 300.4 Recreational Boating Facilities

                This measure will be implemented through proposed operation and maintenance
                program requirements (Proposed RICRMP ï¿½300.4.E.2). Accordingly, marinas will be
                required to developand implement comprehensive marina operation and
                maintenance programs which will address a series of potential nonpoint sources, as
                well as other management concerns. This approach will allow the CRMC to better



                                                      -7-47-





                'Cimpter 7                                                                 %Urina@,


                                                                              of land and water
                manage marinas, as a ..,iole by incorporating the mana8l-"*
                activities into a unified marina operation and maintenance program.

                Section 300.4-E-2-b proposes that each marina will be required to submit an operation
                and maintenance plan by January 1, 1999 which demonstrates the following:

                   "(3) Solid wastes produced by the operation, cleaning, maintenance, and repair of
                       boats are properly disposed of in order to limit entry of solid wastes to surface
                       waters. (Proposed RICRMP ï¿½300.4.E.2.b)"

                It should be noted that if either a new marina or a significant expansion of a manna
                was proposed, an operation and maintenance program would be required. All
                necessary best management practices to satisfy the Council's operation and
                maintenance program requirements would have to be fully implemented at the
                time of the Council's full approval.

                Operations and Maintenance plans will be administered as conditions of a CRMC
                Assent. All enforcement procedures will apply. Marina operators will be required
                to update operations and maintenance plans every-five years or in the event of a
                modification to the facility which requires a change in the approved operations and
                maintenance plan (propo@ecl RICR.MP Section 300.4.E.2(a)).


                      2. CRCs Marina Best Management Practices Manual

                The L:nj%.,ersit%- of Rhode Island Coastal Resources Center (CRC) has developed. a
                best management practices manual for operation and maintenance activities which
                %vas funded pursuant to Section 319 of the Clean Water Act (Appendix T). This
                manual specifies appropriate best management practices applicable to all existing
                and ne%-,- marina facilities and %-.-III be explicitly referenced in the CRMC's revised
                marina regulations thus having the affect of requiring the prescribed practices to be
                implemented at all existing marina facilities by the January 1999 deadline. The
                manual also contains worksheets designed to assist the marina owners in
                developing their operation and maintenance programs. It is envision that the
                CRMC's technical staff %%-III meet on-site with the marina owner and help him to fill
                out the worksheet and Identifying all necessary best management practices. It will
                also help the CRMC staff to verjiy that the current best management practices
                utilized b%- the marina owners are adequate to meet the new operation and
                maintenance requirements.

                Managemcnt Measurc Oversight
                The implementation of this management measure will be monitored by the CRMC.






                                                      -7 .48-






                 h,iptcr 7                                                                 a r 111,1


               Financial Neel
                             U
               The implementation of the operation and maintenance plan requirements will
               significantly increase the work load of the CRMCs permit staff. It will require a
               significant amount of staff time associated with providing technical assistance to
               marina owners during the preparation of operation and maintenance plans. It will
               also require a significant increase in staff time required to review and approve
               marina operation and maintenance plans. The CRMC wW -also require additional
               staff to enforce the new requirements.

               Technical Needs
               There are no clearly identified technical zweds associated with the CRMC's
               implementation of the proposed operation and maintenance program
               requirements. However, the CRMC believes that marina owners will need
               technical assistance during the preparation of the operation and maintenance plans.
               Primarily this will occur through CRMC permit staff meeting with marina owners
               during the preparation of a marina's operation and maintenance program and
               assisting them in filling out the questionnaires contained in the CRMC's marina
               best management practices m  anual. This will require additional staff resources as
               described above.



               RIDEM Division of Water Resources, Water Quality Certification Program

               For more information on the RIDEM's Water Quality Regulations and Water
               Quality Certification Program see the program descriptions contained in Chapter 2.
               For a more detailed discussion of how these programs implement this management
               measure see the Marina Flushing Management Measure.






















                                                     -7-49-






                 li,iptcr 7                                                            Marinas


                Fish Waste




                                                  Fish Waste
                            Promote sound fish waste management through a
                            combination of fish-cleaning restrictions, public
                            education, and proper disposal of fish wasw.



                Applicability

                This management measure applies to marinas (see marina flushing management
                measure for definitions) where fish waste is determined to be a source of water
                pollution.


                Program Implementing the Measure

                This management measure will be implemented by  the Rhode Island Coastal
                Resources Management Program (CRMC's permit process) and the Rhode Island
                Department of Environmental Management, Division of Water Resources Water
                Quality Regulations and the Water Quality Certification Program. These programs
                are de;cribed in more detail below.

                Rhode Island Coastal Resources Management Program

                This management measure wIII be implemented through the CRMC's permit
                process in accordance with the requirements contained in the Rhode Island Coastal
                Resource5 Management Prograrn (RICRMP). For more information on the CRMC's
                permit process and the nature of the program, see Chapter 2 of this document. 'For
                more information on the programs overall effectiveness, see the Marina Flushing
                Management Measure. For more information on the measure's oversight, see the
                Solid Waste Management Measure

                Implementation of the Mcasurc
                The provisions in the RICRNIP which implement, or will implement, this
                management measure are described beiow.

                     1. Proposed RICRMP Section 300.4 Recreational Boating Facilities

                Proposed marina operation and maintenance program requirements will
                implement this measure. This program is discussed in more detail in the section
                addressing the Solid Waste Man agement Measure.


                                                    -7.50-






                01.1ptcr



                Section 300.4.EZb will require each manna owner to develop and implement a
                marina operation and maintenance program by January 1, 1999 which demonstrates
                the following:

                      "(4) When the disposal of fish waste is determined by the CRMC and the
                         RIDEM to be a source of water pollution: Sound fish waste management
                         shall be promoted through a combination of fish-cleaning restrictions,
                         public education, and proper disposal of fish waste. (Proposed RICRMP
                         ï¿½300.4.E.2.b.4)"

                All necessary Best management practices must be implemented prior to the
                Council's full approval.

                Operations and Maintenance plans will be administered as conditions of a CRMC
                Assent. All enforcement procedures will apply. Marina operators will be required
                to update operations and maintenance plans every five years or in the event of a
                modification to the facility which requires a change in the approved operations and
                maintenance plan (proposed RICRMP Section 300.4.El(a)).


                      2. CRC`s Marina Best Management Practices Manual

                The University of Rhode Island Coastal Resources Center (CRC) has developed a
                best management practices manual for operation and maintenance activities which
                is being funded pursuant to Section 319 of the Clean Water Act (Appendix T). This
                manual specifies appropriate best management practices applicable to all existing
                and new marina facilities and will be explicitly referenced in the CRMC's revised
                marina regulations thus having the affect of requiring the prescribed practices to be
                impiemented at all existing marina facilities by the January 1999 deadline. For more
                information on the use of this manual in the CRMC's regulatory process see the
                discussion contained in the Solid Waste Management Measure section.


                RIDEM Division of Water Resources, Water Quality Certification Program

                For more information on the RIDEM*s Water Quality Regulations and Water
                Qualiv., Certification Program see the program descriptions contained in Chapter 2.
                For a more detailed discussion of how these programs implement this management
                measure see the Marina Flushing Management Measure.








                                                        -7.51-






              Chapter 7                                                         Marina!,


              Liquid Material



                                            Liquid Material
                          Provide and maintain appropriate storage, transfer,
                          containment, and disposal facilities for liquid material,
                          such as oil, harmful solvents, antifreeze, and paints, and
                          encourage the recycling of these mat erials.



              Applicability

              This manage ment measure applies to marinas (see marina flushing management
              measure for definitions) where liquid materials used in the maintenance, repair, or
              operation of boats are stored.


              Program Implementing the Measure

              This management measure will be implemented by the Rhode Island Coastal
              Resources Management Program (CRMC's permit process) and the Rhode Island
              Department of Environmental Management, Division of Water Resources Water
              QualitN, Regulations and the Water Qualitv Certification Program. These programs
              are described in more detail below.

              Rhode Island Coastal Resources Management Program

              This management measure     be implemented through the CRMC's permit
              process in accordance %vith the requirements contained in.the Rhode Island Coastal
              Rrizourclr; Managmient Pr(Tranj (RICRMP). For more information on the CRMC's
              permit process and the nature oi the program, see Chapter 2 of this document. For
              more information on the program's overall effectiveness, see the Marina Flushing
              Management Measure. For more information on the measure's oversight, see the
              Solid I'Vaste Management Measure.

              linplementation of the Mcasat"
              The provisions in the RICRMP which implement, or will implement, this
              management measure are described below.







                                                -7.52-






                Chapter 7                                                                    Marinall


                      L  Proposed Ri -.MP Section 300.4 Recreational b..dn Facilities

                Proposed marina operation and maintenance program requirements wiH
                implement this measure. This program is discussed in more detail in the section
                addressing the Solid Waste Management Measure.

                Section 300-4.E.2.b. will require that all marina operation and maintenance
                programs must, at a minimum, demonstrate the following:
                      "(5) When liquid materials used in the maintenance, repair, or operation of
                         boats are stored on-site: Appropriate storage, transfer, containment, and
                         disposal facilities for liquid material , such as oil, harnuful solvents,
                         antifreeze, and paints, is provided and maintained and the recycling of
                         these materials is encouraged (Proposed RICRMP ï¿½300.4.E.2.b).-

                Marinas must submit the operation and maintenance program which implements
                all necessary best management practices to implement the measure approved by the
                CRMC prior to January 1, 1999.

                Operations and Maintenance plans will be administered as conditions of a CRMC
                Assent. All -enforcement procedures will apply. Marina operators will be required
                to update operations and maintenance plans every five years or in the event of a
                modification to the facility which requires a change in the approved operations and
                maintenance plan (proposed RICRMP Section 300-4.E.2(a)).


                      2. CIZC's Marina Best Management Practices Manual

                The Universitv of Rhode Island Coastal Resources Center (CRC) hAs developed a
                best management -practices manual for operation and maintenance activities which
                vvas funded pursuant to Section 319 of the Clean Water Act (Appendix T). This
                manual specifies appropriate best management practices applicable to all existing
                and new marina facilities and will be explicitly referenced in the CRMC's revised
                marina regulations thus having the affect of requiring the prescribed practices to be
                implemented at all existing marina facilities by the January 1999 deadline. For more
                information on the use of this manual in the CRMC's regulatory process see the
                discussion in the Solid Waste Management Measure Section.


                RIDEM Office of Environmental Coordination
                To ensure proper disposal of wastes, Rhode Island also maintains a recycling
                program that runs through RIDEM's Office of Environmental Coordination. This
                recycling program includes the collection of household hazardous wastes - such as
                solv'ents, used oil, antifreeze and paints that may have been generated by private
                recreational boater activities - at a centralized facility called the Eco-Depot. This


                                                        -7.53-






                 Chapter                                                                     M arma-@,


                 $400.nW facility is op--.. to Rhode Island xesidents, two Saturdays a month, by
                 appointment The Eco-Depot is located d! Fields Point in Providence, centmi to
                 residents of both Greater Providence and outlying Rhode Island municipalities. A
                 hazardous waste transporter/ contractor, contracted by RIDEM, is responsible for
                 facility operations that include removing wastes from vehicle recycling;
                 identification, classification, consolidation, contained7ation and transportation;
                 treatment and disposal of wastes through approved facilities; required
                 documentation and reports; and staff training. A RIDEM staff member is presenton
                 each collection day for supervision and oversight, and for informational and
                 educational purposes.

                 Also in an effort to prevent adverse impacts from marina liquid materials, RIDEM's
                 Nonpoint Source Management Program has developed for the revised Nonpoint
                 Source Pollution Management Plan (Appendix W), a policy to "minimize adverse
                 water quality impacts resulting from the operation and maintenance of boats and
                 boating facilities by ensuring that proper operation and maintenance practices are
                 followed" (Policy 11.2). Recommendations pursuant to this policy include the
                 development and implementation of operation and maintenance programs         '
                 through Municipal Harbor Management Programs; the use of public education,
                 outreach and training to address the discharge of harmful cleaners and solvents, the
                 use of environmentally friendly products, discharge of hull paints, and proper dry
                 land waste disposal practices; and the monitoring and evaluation of management
                 practice success.

                 RIDEM Division of Water Resources, Water Quality Certification Program

                 For more information on the RIDEM's Water Quality Regulations and Water
                 Qualin- Certification Program see the program descriptions contained in Chapter 2.
                 For a more detailed discussion of how these programs implement this management
                 measure see the Marina Flushing Management Measure.




















                                                       -7.54-







                 I I @-) t Cr                                                          N la r i ii.1


               Petroleum Cnntroi




                                              Petroleum Control
                           Reduce the amount of fuel and oil from boat bilges and
                           tank air vents entering marina and surface waters.



               Applicability

               This management measure must be applied to boats that have inboard fuel tanks.


               Program Implementing the Measure

               This management measure will be implemented by the Rhode Island Coastal
               Resources Management Program (CRMC's permit process) and the Rhode Island
               Department of Environmental Management, Division of Water Resources Water
               Quality Regulations and the Water Quality Certification Program. These programs
               are described in more detail below.

               Rhode Island Coastal Resources Management Program

               This management measure will be implemented through the CRMC's permit
               process in accordance with the requirements contained in the Rhode Island Coastal
               Re;ources Management Program (RICRMP). For more information on the CRMC's
               permit process and the nature of the program, see Chapter 2 of this document. For
               more intormation on the program's overall effectiveness, see the Marina Flushing
               Management Measure. For more information on the measure's oversight, see the
               ;ohd @%'aste Management Measure.

               Implementation ofthe Measure
               The provisions in the RICR.MP which implement, or will implement, this
               management measure are described below.

                     1. Proposed RICRMP Section 300.4 Recreational Boating Facilities

               Proposed marina operation and maintenance program requirements will
               implement this measure. This program is discussed in more detail in the section
               addressing the Solid Waste Management Measure. -                                   I
               Section 300-4.E.2.b will require that each marina operation and maintenance
               program must, at a minimum, demonstrate the following:


                                                    -7.55-





                 'Chiipter 7                                                                     NlarinaN


                        -(6) Reduce the amount of fuei and ofl from boat Wges and tank air vents
                           entering marina and surface waters using appropriate practices (Proposed
                           RICRMIP Section 300.4-E-2.b.6)."

                 The CRMC will require marina operators to address this measure to the extent
                 practicable in'their operations and maintenance plans. Marina operators will be
                 'required to specify how the practices required by this measure will be implemented.
                 To assist in this effort, the CRMC will, if necessary, develop a marina petroleum
                 product handling fact sheet. Operations and Maintenance plans will be reviewed by
                 CRMC staff to ensure consistency with the measure through implementation of the
                 recommended practice(s) applicable for site-specific conditions.

                 As previously described, once approved by the CRMC, marina operations and
                 maintenance plans become conditions of the CRMC marina assent. No operations
                 and maintenance plan will be approved that does not include provisions for the
                 effective implementation of the Petroleum Control management measure. These
                 plans will be enforced in the same manner as are the conditions of any other CRMC
                 Assent (see description contained in Chapter 2 and under the Marina Flushing
                 management measure).

                 The operation and maintenance program must be approved by the CRMC prior to
                 January 1, 1999. All necessary best management practices necessary to implement
                 this requirement must b  .e implemented at the time of the CRMC's full approva     'I.
                 Marina operators will be required to update operations and maintenance plans
                 every five years or in the event of a modification to the facility which requires a
                 change in the approved operations and maintenance plan (proposed RICRMP
                 ;-;ection 300.4.E.2(a)).


                        2. CRC's Marina Best Management Practices Manual
                 The t:ru%-ersit%- of Rhode Island Coastal Resources Center (CRC) has developed a*
                 best management practices manual for operation and maintenance activities which
                 Was t .unded pursuant to Section 319 of the Clean Water Act. This manual specifies
                 appropriate best management practices applicable to all existing and new marina
                 facilities and will be explicitly referenced in the CRMC's revised marina regulations
                 thus having the affect of requiring the prescribed practices to be implemented at all
                 existing marina facilities b%, the januarv 1999 deadline. For more information on the
                 use of this manual in the CRMC*s regulatory process see the Solid Waste
                 Management Measure section.







                                                          -7.56-







              Chapter 7                                                               Marinas


              RIDEM Division  of Water Resources, Water Quality Certification Program

              For more information on the RIDEM's  Water Quality Regulations and Water
              Quality Certification Program see the program descriptions contained in Chapter 2.
              For a more detailed discussion of how these programs implement this management
              measure see the Marina Flushing Management Measure.













































                                                 -7.57-






                 Lh,irtcr 7                                                                    Mar I na-:,


                 Boat Oeaning



                                                      Boat Cleaning
                               For boats that are in the water, perform cleaning
                               operations to minimize, to the extent practicable, the
                               release to surface waters of (a) harmful cleaners and,
                               solvents and (b) paint from in-water hull cleaning.



                 Applicability

                 This management measure applies to marinas where boat topsides are cleaned and
                 marinas where hull scrubbing in the water has been shown to result in water or
                 sediment quality problems.


                 Programs Implementing the Measure

                 This management measure will be implemented by two programs administered by
                 the Rhode Island Coastal Resources Management Council (CRMQ: The Rhode
                 Island Coastal Resources Management Program (CRMC's permit process); the
                 CR.MC's Municipal Harbor Management Program (MHMP); and, the RIDEM,
                 Djv'ision of Water Resources Water Quality Regulations and Water Quality
                 Certification Program. These programs are described in more detail below.


                 Rhode Island Coastal Resources Management Program

                 This management measure will be implemented through the CRMC's permit
                 process in accordance with the requirements contained in the Rhode Island Coastal.
                 Resources Management PrrWrant (RICRMP). For more information on the CRMC's
                 permit process and the nature of the program, see Chapter 2 of this document. For
                 more injormation on the pro   gram's overall effectiveness, see the Marina Flushing
                 Management Measure. For more information on the measure's oversight, see the
                 Solid Waste Management Measure.

                 Implementation of the Measure
                 The provisions in the RJCRMP which implement, or will implement, this
                 management measure are described below.





                                                         -7.58-






                -C, ha pter 7                                                           Ma ri n a*,

                      L Proposed IU%AMP Section 300.4 Recreational Dwfing Facilities

                Proposed marina operation and maintenance program- requirements will
                implement this measure. This program is discussed in more detail in-the section
                addressing the Solid Waste Management Measure.

                Section 300-4.E.2.b. will require that each marina operation and maintenance
                program must, at a minimum, demonstrate the following:

                      "(7) Marinas where boat topsides are cleaned and marinas where hull
                        scrubbing in the water has been shown to result in water or sediment
                        quality problems: 0eaning operations are performed in a manner which
                        minimizes, to the extent practicable, the release to surface waters of (a)
                        harmful cleaners and solvents and (b) anti-fouling paint from in-water
                        hull cleaning (Proposed RICRMP ï¿½300.4.E.Zb.7)."

                All necessary best management practices necessary to implement this measure must
                be in place at the time of the Council's full approval. The operation and
                maintenance plan must be approved by the Council prior to January 1, 1999.

                Operations and Maintenance plans will be administered as conditions of a CRMC
                Assent. All enforcement procedures will apply. Marina operators will be required
                to update operations and maintenance plans every five years or in the event of a
                modification to the facility which requires a change in the approved operations and
                maintenance plan (proposed RICRMP Section 300.4.E.2(a)).


                      2. CRC's Marina Best Mar,&gement Practices Manual
                                                I

                The Universitv of Rhode Island Coastal Resources Center (CRC) has developed a
                best management practices manual for operation and maintenance activities which
                is being funded pursuant to Section 319 of the Clean Water Act. This manual
                specifies appropriate best management practices applicable to all existing and new
                marina facilities and wIII be explicitly referenced in the CRMC's revised marina
                regulations thus having the affect of requiring the prescribed practices to be
                implemented at all existing marina facilities by the January 1999 deadline. For more
                intormation on the use oi this manual in the CRMC's regulatory process see the
                Solid W*aste Management Measure Section.


                CRMC's Harbor Management Program

                The CRMC will also rely on its Municipal Harbor Management Program (MHMP) to
                implement this measure for public mooring areas. Public mooring areas are defined
                as those mooring areas managed by municipal or state agencies (Proposed RICRW


                                                     -7.59-






                Chapter 7                                                                Marinas


                ï¿½300.4.A.5 in Appen" /A).    For more information on bw program, its oversight of
                the measure and its overall program effectiveness, see the Marina Flushing
                Management Measure.

                Implementation of the Measure
                The CRMC's Municipal Harbor Management Program (M1-Uv1P) win be used to
                implement the Boat Cleaning Management Measure with respect to public mooring
                areas. Since no municipality can implement a harbor ordinance or charge mooring
                fees unless the CRMC has approved its HMP and ordinance, the CRMC enforces the
                implementation of this measure with its approval of the harbor management plans
                and ordinances. Each Harbor Ordinance must also be consistent with &I.G.L. 46-4-2.
                The CRMC will address the measure in three ways.

                      1. Requirements of Section 300.15.

                All public mooring must be  consistent with the requirements outlined in the
                proposed RICRMP ï¿½300.15. The proposed amendments to this section will require:

                   "4. All municipal harbor management plans and ordinances shall ensure that
                      (d) all in-water boat cleaning operations are performed mi a manner which
                          minimizes, to the extent practicable, the release to surface waters of (i)
                          harmful cleaners and solvents and (ii) anti-fouling paint from in-water
                          hull cleaning; . . . (Proposed RICRMP ï¿½300.15.C.4.d)"

                Therefore the Council's approval of HMPs and harbor ordinances will be reviewed
                in accordance with this requirement, ensuring the implementation of the measure.

                      2. Revised Guidelines.for the Development of Municipal Harbor
                         Management Plans

                The CIUMC is currentiv involved in several projects intended to strengthen the
                Cr\'-\IC*s MHMP pursuant to the Section 309 Enhancement Grants Program (See
                CP,.-%IC:s Section 309 Strategy for more detail). One of these tasks is the development
                oi revised Guidelines 'for thr Drvelopment of Municipal . Harbor Management
                Plans. The revised Guidelines wIII include all of the requirements continued in
                Proposed RICRMP ï¿½300.15 as well as additional policies and requirements associated
                %-,-ith developing municipal HMPs One of the goals of this task and the revised
                Guidelines is to expand the scope of HMPs beyond moorings and to provide better
                guidance on other issues such as water quality, public access, and shoreline
                development

                      3. Implementation of municipal harbor management plans and harbor
                         ordinances.






                                                      -7.60-






                f ia p t er 7                                                         Ma r i n a!,


               The CRMC requires L-i the municipality devellop and approve a harbor ordinance
               that implements relevant pmtons W a municipal harbor     nagement plan (see
               Appendix j for a sample harbor management plan and ordinance). Once the
               requirements of Proposed RICRMIP 300.15.C.4 are adopted, all new harbor
               management plans and harbor ordinances must be consistent with these
               requirements. Accordingly, this measure will be implemented by municipal harbor
               masters pursuant to their existing statutory authorities.


               RIDEM Division of Water Resources, Wat er Quality Certification Program

               For more information on the RIDEM's Water Quality Regulations and Water
               Quality Certification Program see the program descriptions contained in Chapter 2.
               For a more detailed discussion of how these programs implement this management
               measure see the Marina Flushing Management Measure.



































                                                   -7-61.






                 Chapter 7


                 Public Education




                                                   Public Education
                              Public education/outreach/ training programs should be
                              instituted for boaters, as well as marina owners and
                              operators, to prevent improper disposal of polluting
                              material.

                                     *This management measure does not have to
                                      be, implemented with enforceable policies.



                 Applicability

                 This management measure applies to all environmental control authorities"in areas
                 where marinas are located.


                 Programs Implementing the Measure

                 There are a wide variety of public outreach /education/ training programs in Rhode
                 Island that target boat owners and marina owners and operators. Some of the more
                 important distribution channels include:

                       0 RIDEM's Division of Boating Safety;
                       - Narragansett Bay Proiect.-
                         Rhode Island Sea Grant;
                         Murucipal Harbor Management Programs;
                         Public Libraries-
                         CM%1C*s Harbor Management Program; and,
                          Save-the-Bay

                 While many programs pla%, important roles in educating boat owners and marina
                 operators, it is necessary to ha%?e one program responsible for ultimately ensuring
                 that the measure is implemented. This responsibility will fall on the CRMC's
                 Harbor Management Program.

                 CRMC's Harbor Management Program

                 This management measure will be implemented through the CRMC's Harbor
                 Management Program with the assistance of other pre-existing programs which can


                                                          @-62 -







               help to deliver the pu_ac outreach/education/training us4terials or oppo&udties
               necessary to implentent the management measure.

               1plementation of the Measure
               The CRMC's Harbor Management Program would work on an on-going basis to
               ensure that adequate opportunities exist with respect to public
               outreach/ education/ training to boat owners and marina operators. This'would
               require working with existing programs to ensure that adequate public outreach
               materials exist. If they do not, the CRMC's Harbor Management Program would
               have the responsibility for either developing these materials or ensuring that some
               other agency or organization developed the materials.

               The CRMC would also have the responsibility for ensuring  that public outreach
               materials were distributed to the target audiences identified in the management*
               measure. With respect to delivering public education materials to boat owners, the
               RIDEM Boating Safety Program has already developed an effective distribution
              -system for public outreach and education materials. Other effective mechanisms
               include the Rhode Island Sea Grant, municipal harbor masters and the Rhode
               Island Marine Trades Association. The CRMC through both its existing marina
               certification program and the proposed operation and maintenance program
               requirements provides an important distribution channel for marina owners.
               Other distribution mechanisms could include the harbor master training programs
               developed by the URI Coastal Resources Center and Sea Grant. It is possible that
               another training program could be developed for marina operators.

               Management Measure Oversight
               The CRMC will have the responsibility for oversight on this nonenforceable
               management measure's implementation.

               Monit
               There is no water quality monitoring envisioned with respect to this measure. The
               management measure   .s implementation. will however be monitored by
               coordinating the efforts of the various programs involved in the provision of public
               education/ outreach/ trairung activities. If additional materials or training programs
               need to be developed, the CR2%1C %%,III coordinate their development with
               appropriate programs. This %vouid probably be accomplished by creating some type
               oi coordinating or steering committee to periodically review the existing
               outreach /education/ training efforts and determine if addition activities were
               warran
                     ted or possible given fiscal conditions. In all likelihood these efforts would
               be linked with the public outreach and education efforts necessary to implement the
               Pollution Prevention Management Measure in the Urban Section to ensure that
               there was no unnecessary duplication of efforts and that all possible distribution
               channels for outreach /education/ training are utilized.




                                                    -7-63-






                  ha pter 7                                                                Ma r i na!,


                 fl"pcial Nee
                 There are clear financial needs associated with developing the necessary
                 outreach/education/training programs. These financial needs would include staff
                 time at the CRMC as well as having funds available to contract out the development
                 of necessary materials. There are also substantial yearly printing costs associated
                 with large scale public outreach and education initiatives.

                 Technical Needs
                 It is unclear what technical needs would exist outside of the development of new
                 outreach and education materials and training programs.


                 Additonal Implementation Mechanisms

                 Nonprofit organizations, such as Save-the-Bay, serve as a valuable vehicle for
                 desserninating pollution control information to the boating public. As an example,
                 Save-the-Bay, in cooperation with RIDEM and the U.S. Fish and Wildlife Service,
                 published and has distributed an excellent pumpout facilities handout (see
                 introduction to this chapter). This handout shows.on amap the location of existing
                 and planned pumpout facilities and provides the address, telephone number, hours
                 of operation and cost per pumpout. This information has been -provided in -a
                 particularly useful way for the boating public; the handout is waterproof.

                 The recently formed Marina Assistance Collaborative also will have an important
                 role to play in dessimination of information to the marina industry. This
                 organization, composed of industry and regulatory representatives, serves as a
                 clearinghouse for marina pollution prevention information. The Collaborative has
                 hosted one pollution Prevention informational workshop for marina operators and
                 plan-s more in the future. The Marina Assistance Collaborative is a particularly
                 Well-sulted vehicle for outreach efforts since it has successfully brought together and
                 enjo@,s the support of a wide range of agency, nongovernmental and industry
                 representatives.



















                                                       -7.64-







               Chapter                                                                    Marina!,


               Maintenance of,-Sewage Facilities



                                        Maintenance of Sewage Facilities
                            Ensure that sewage pumpout facilities are maintained in
                            operational condition and encourage their use.



               Applicability

               This management measure applies to marinas where marine sewage disposal
               facilities exist.


               Programs Implementing the Measure

               This management measure will be implemented by the Rhode Island Coastal
               Resources Management Program (CRMC's permit process) and the Rhode Island
               Department of Environmental Management, Division of Water Resources Water
               Quality Regulations and the Water Quality Certification Program. These programs
               are described in mo re detail below.

               Rhode Island Coastal Resources Management Program.

               This management measure will be implemented through the CRMC's permit
               process in accordance with the requirements contained in the Rhode Island Coastal
               1@csourccs Managerrient Progrant (RICRMP). For more information on the CRMC's
               permit process and the nature of the program, see Chapter 2 of this document. For
               more iniormation on the program*s overall effectiveness, see the Marina Flushing
               Management Measure. For more information on the measure's oversight, see the
               Solid Waste Management Measure.

               Implementation of the Meastire
               The provisions in the RICRMP which implement, or will implement, this
               management measure are described below.

                     1. Proposed RlCRMP Section 300.4 Recreational Boating Facilities

               Proposed marina operation and maintenance program requirements will
               implement this measure.. This program is discussed in more detail in the. section
               addressing the Solid Waste Management Measure.




                                                      -7.65-






                 Oidipter 7                                                                   a r I ilas


                 Sqg@on 300.4.E.2.b wu. require that each ma-ina operaticin and maintenance
                 program must, at a mumum, demonstrate the following:

                       (8) When sewage pumpout facilities or dump stations are present on-site:,a)
                          Sewage pumpout facilities are maintained in operational condition; b)
                          appropriate signs have been posted informing the public of the availability
                          of pumpout facilities, dump stations, and sanitary facilities, ; and, c) the use
                          of pumpout facilities, dump stations, and sanitary facilities is encouraged
                          (Proposed RICRMP ï¿½300.41.2.b.8)."
                 Operations and Maintenance plans will be administered as conditions of a CRMC
                 Assent. All enforcement procedures will apply. . Marina operators will be required
                 to update operations and maintenance plans every five years or in the event of a
                 modification to the facility which requires a change in the approved operations and
                 maintenance plan (proposed RICRMP Section 300-4.E.2(a)).

                 The operation and maintenance program must.be approved by the CRMC prior to
                 January 1, 1999. It must implement all necessary best management practices
                 necessary to implement this requirement prior to.the Council's fun approval.

                       2. CRC's Marina Best Management Practices Manual

                 The University of Rhode Island Coastal Resources Center (CRC) has developed a
                 best management practices man  ual for operation and maintenance activities which
                 was funded pursuant to Section .3,19 of the Clean Water Act. This manual specifies
                 appropriate best management practices applicable to all existing and new marina
                 facilities and will be explicitly referenced in the CRMC's revised marina regulations
                 thus having the affect of requiring the prescribed practices to be implemented at all
                 existing marina facilities bv the January 1999 deadline. For more information on the
                 use of this manual in the CR.MC's regulatory process see the Solid Waste
                 Management Measure Section.


                 RIDEM Division of Water Resources, Water Quality Certification Program

                 E\,er%- marine sewage pump-out facility must be reviewed and approved by the
                 RIDEM Division of Water Resources and receive an RIDEM Order of Approval.
                 Accordingly, the marina must operate and maintain the sewage pump-out facility in
                 strict conformance with the conditions contained in the Order of Approval.
                 Implementation of this measure will also be required through marina operations
                 and maintenance plans. RIDEM will be conducting routine inspections of approved
                 marine sewage pumpout facilities for which federal Clean Vessel Act funds were
                 provided.





                                                       -7.66-






               (-hapter 7                                                              NI a ri n as


               As described in the S..x, Waste management measure and the 5-cm       cilifs
                                                                              rage Fa
               management measure, once approved by the CRMC, marina operations and
               maintenance plans become conditions of the CRMC marina assent. No operations
               and maintenance plan will be approved that does not adequately address the proper
               maintenance of sewage facilities. These plans will be enforced in the same manner
               as are the conditions of any other CRMC Assent (see description contained in
               Chapter 2 and under the Marina Flushing management measure, as well as the
               response to general comment I). .

               For more information on the RIDEM's Water Quality Regula  tions and Water.
               Quality Certification Program see the program descriptions contained in Chapter 2.
               For a more detailed discussion of how these programs implement this management
               measure see the Marina Flushing Management Measure.






































                                                    -7.67-






                  C haptcr 7                                                                   Marinas
                  Boat Operation'


                                                     Boat Operafion
                               Restrict boating activities where necessary to decrease
                               turbidity and physical destruction of shallow-water
                               habitat.




                  Applicability

                  This management measure applies to non-marina surface waters where evidence
                  indicates that boating activities are impacting shallow-water habitat.


                  Program Implementing the Measure

                  Rhode Island will rely on the implementation of municipal harbor management
                  plans and ordinances along with the RIDEM, Division of Water Resources Water
                  Quality Regulations and Water Quality Certification Program to implement this
                  measure. In addition, the measure is indirectly addressed by the CRMC's regulatory
                  program. For example, the CRMC's Type I Waters prohibition on new docks helps
                  to reduce boating activities in these areas. In addition, when the Council reviews
                  clock applications, impacts of boating activities on the surrounding habitats is
                  considered. Likewise, when the Council reviews the location of a proposed marina
                  or mooring field, the Council evaluates the potential impacts on surrounding
                  shallow water habitats during its review. For more information on these
                  requirements see RICRMP Section 200.1, 200.2, and 300.4.

                  CRNIC's Harbor Management Program

                  This management measure vvill primarily be implemented through requirements
                  of the Cr\NIC*s Municipal Harbor Management Program (MHMP). For a more
                  detailed discussion ofthe MHMr see Chapter 2 and for more information on-the
                  overall effectiveness of the program see, the discussion contained in the Marina
                  Flushing Management Measure section.

                  Implementation of the Measit"
                  The CRMC's Municipal Harbor Management Program (MHMP) will be used to
                  implement the Boat Operation Management Measure. The CRMC will address the
                  measure in three ways.




                                                         -7-68.






               Ch,iptcr 7


                      L Requiremen.. of Section 300.15.

               All new public mooring areas and significant expansions of public mooring areas
               must be consistent with the requirements outlined in the Proposed RICRMF
               ï¿½300.15. The proposed amendments to this section will require the following:

                      "I All new and significantly expanded public mooring areas shall be sited in
                       a manner which ensures that: ... (c) there are no significant adverse effects
                       on fish and shellfish resources, wetlands, submerged aquatic vegetation, or
                       other important riparian and aquatic habitat areas; . (Proposed RICY.NT
                       ï¿½300.15.C.3)."

                      4. All municipal harbor management plans and ordinances shall ensure that.
                         ... (c) boating activities are restricted where necessary to decrease turbidity
                         and physical destruction of shallow'-water habitat; ... (Proposed RICRMP
                         ï¿½300.15.C.4)."

               Therefore the Council's approval of municipal HMPs and harbor ordinances will be
               reviewed in accordance with these requirements and ensure the implementation of
               the measure.

                      2. Revised Guidelines for the Development. of Municipal Harbor
                        Management Plans

               The CRMC is currently involved in several projects intended to strengthen the
               CRIMC's MHMP pursuant to the Section 309 Enhancement Grants Program (See
               CRMC's Section 309 5  'trategy for more detail). One of these tasks is the development
               o; revised Guidehne5 for t
                 A                         be Drvelopment of Municipal Harbor Management
               Plans. The revised Guidelines will include all of the requirements continued in
               Proposed RICRMP ï¿½300.15 as well as additional policies and requirements associated
               with developing municipal HMPs-

               As a requirement of the current CRMC Harbor Management Guidelines, the
               municipalities must identli%- all fish and shellfish resources and associated habitat(s)
               when submitting municipal harbor management proposals. No plan will be
               approved that does not@ 1) identtf%- the location of "filsh and shellfish resources,
               wetlands, and submerged aquatic vegetation", and 2) protect these resources from
               adverse impacts. The location of these resources is also taken into consideration in
               the review for a Water Qualm- Certification by the RIDEM, Division of Water
               Resources. This certification is required for applicable elements (i.e., the siting of
               mooring fields) of a municipality's harbor management plan.







                                                      -7-69-






                 Chapter 7                                                                Marinas


                       3. Implementat.-in of municipal harbor management plan and harbor
                         ordinances.

                 In order to approve a harbor management plan, the CRMC requires that the
                 municipality develop and approve a harbor ordinance that implements relevant
                 portions of a municipal harbor management plan (See Appendix J for a sample-
                 harbor management plan and ordinance). Of particular interest are the fact that: the
                 location of all mooring fields must be identified in the ordinance; vessel speed
                 limits must be identified; and all setbacks from the shoreline must be identified. In
                 the future, all harbor ordinances will be required to be consistent with the proposed
                 requirements specified in number I above. Accordingly, the review of future
                 harbor management plans and ordinances will ensure that municipalities have the
                 appropriate vessel speed limits and restrictions necessary to implement the
                 measure.



                 RIDEM Division of Water Resources, Water Quality Certification Program

                 For more information on the RIDEM's Water Quality Regulations and Water
                 Qualitv Certification Program see the program descriptions contained in Chapter 2.
                 For a more detailed discussion of how these programs implement this management
                 measure see the Marina Flushing Management Measure.




























                                                      -7.70-






               Chopter 7                                                                  Marina,,


                                                  References

               Coastal Resources Management Council, Rhode Island. 1990. 77ie State of Rhode
                    Island Coastal Resources Management Program. Wakefield, RI: Coastal
                    Resources Management Council.

               Department of Environmental Management, Rhode Island. 1992. The State of the
                    State's Waters - Rhode Island: A Report to Congress. Providence, RE
                    Department of Envirorimental Management, Division of Water Resources.
                    August.

               Division of Planning, Rhode Island Department of Administration. 1992. State
                    Comprehensive Outdoor Recreation Plan. Providence, RE Rhode Island
                    Department of Administration, Division of Planning. State Guide Plan
                    Element 152.

               Narragansett Bay Project. 1993 (Draft). Marina Pump-Out Management Plan.
                    Providence, RE Rhode Island Department of Environmental Management,
                    Narragansett Bay Project. May.

               Narragansett Bay Project. 1992. Comprehensive Conservation and Management
                    Plan for Narragansett Ba@i/. Providence, RE Rhode Island Department of
                    Environmental Management, Narragansett Bay Project. December.

               National Marine Manufacturer's Association. 1993. Marina Directory: Rhode
                    Island. National Marine Manufacturers Association.

               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. September.



















                                                     -7.71-








                                                                I t

                                                   Appendix7A
                                Proposed Changes to the RICRMP: Marinas


                1. Delete Section 300.4 in its entirety and replace with the Wowing-


                11300.4. Remational Boating Facilities

                A. DEFINMONS

                1. Recreational boating facilities include marinas, launching ramps, residential
                   boating facilities, recreational wharves, piers and slips, floats or floating docks,
                   and recreational mooring areas.
                2. Marina: any facility that contains five or more boats, or piers where five or more
                   boats may tie up.

                I  Launching ramp: a manmade or natural facHity used, for the launching and
                   retrieval of boats.

                4. Residential boating, facility: a docic, pier, wharf, or float, or combination of such
                   facilities, contiguous to a private residence, condominium, cooperative or other
                   home owners association properties that may accommodate up to four (4) boats.

                5. Nlooring area: any designated area managed by a commercial enterprise, a club,
                   citv, or town where five or more recreational craft are kept at moorings. Public
                   mooring areas are defined as those mooring areas managed by municipal or state
                   agencies. Public Mooring areas shall be delineated in approved municipal harbor
                   management plans and are subject to the requirements contained in Section
                   300.15. Marina mooring areas are defined as those mooring areas managed by a
                   pnvate organization (e.g., marinas, yacht clubs, etc.). Marina mooring areas shall
                   be considered as marina facilities and are subject to the standards contained in
                   the section governing manna activities.

                o. Significant Marina Expansion: Any expansion or alteration of an existing marina
                   facilin.- that results in: a) Alterations which propose to increase the numbers of.
                   vessel s accommodated at the in-water facilities beyond 2576 of the capacity as
                   defined in the original Council Assent, and/or extend the facility beyond the
                   defined perimeters, or alter the purpose of the facility; b) an expansion of upland
                   facilities which increases impervious areas by 25%; or, 0 an expansion of*upland
                   facilities which requires a change to a marina's operation arid maintenance plan
                   (e.g., the addition of a fueling station, addition of hull maintenance areas, etc.).




                                                       7A.1 -






                                                                                    k7

                7. Significant expansh_ ur a Marina Mooring Arw- Any wqmnsion of the moorin@
                   field beyond the previously authorized perimeter limit Previously authorized
                       . eter limits for mooring fields shall include all perimeters authorized by the
                   Army Corps of Engineers or the CRMC in accordance with Assents or the
                   approval. of municipal harbor management plans or ordinances.

                8. Marina Perimeter: A marina perimeter shall relate to, but not necessarily
                   coincide with the placement of existing in-water facilities that defines that
                   portion of tidal waters in which a marina may conduct its operations and
                   undertake minor repairs. Marina perimeters shall be defined on the basis of
                   i n-water facilities in place , as of March 1972 or subsequently assented.

                9. Marine Pumpout Facilities: For the purposes of this section, marine pumpout
                   facilities shall be defined as either fixed point collection systen s or
                   portable/ mobile systems.

                B. POUCES

                1. The Council encourages marinas     to utilize techniques that make the most
                   efficient use of space and increased demands for moorage, dockage, and storage
                   space by considering dry stack storage, innovative slip and mooring
                   configurations, and the like.

                2. In order to limit the cumulative impacts of many individual residential boating
                   facilities, the Council encourages the construction of facilities that service a
                   number of users. It is the policy of the Council to manage the siting and
                   construction of recreational boating facilities within the public tidal waters of the
                   state to prevent congestion, and with due regard for the capability of coastal areas
                   to support boating, and the degree of compatibility with other uses and ecological
                   considerations. The Council shall require that a residential structure be
                   contiguous to any shoreline site for a proposed residential boating facility.

                3. The Council recognizes that the United States Coast Guard has primary authority
                   over naVIgational aids and marine boating safety, and that these responsibilities
                   are complemented by the Department of Environmental Management, local
                   harbormasters, and public boating service organizations such as the Coast Guard
                   Auxiliary.

                4. The Council requires municipalities preparing to implement harbor
                   .management rules, regulations and/or programs relating to activities and
                   structures in tidal waters to apply for a determination of consistency with the
                   Coastal Resources Management Program to assure conformance between such
                   rules, regulations and/or programs and the Coastal Resources Management
                   Program, the Guidelines for the Development of Municipal Harbor Management
                   Plans and the General Laws of the State of Rhode Island (see Section 300.15).


                                                         7A.2 -








                           7


                5.  All persons propft..g condominium dodwminium, ur odw forms of
                    ownership or operation of recreational boating facilities involving multiple@
                    cooperative, condominium or fee simple interests in ownership or operation
                    shall submit a prospectus of such proposals to the CRMC for review of
                    consistency with the state of Rhode Island's public trust responsibilities, Chapter
                    46-23 of the General Laws of Rhode Island, and the Rhode island Coastal
                    Resources Management Program.

                6.  Repair or reconstruction of all structures that are physically destroyed 5017v or
                    more by wind, storm surge, waves or other coastal processes shall require a new
                    Council Assent Such activities requiring a new Council Assent shall be
                    reviewed according to the most current applicable programmatic requirements of
                    the Coastal Resources Management Program, its Special Area Management
                    Plans, and/or any other appropriate CRMC-approved management plan.

                7.  All residential boating facilities are required to be registered by and with the
                    .Council and have posted on them a registration plate and number issued by the
                    Council. Applicants for residential boating facilities are referred to the Council's
                    Dock Registration Program for additional detailed standards of this policy and
                    program.

                8.  The Council shall require persons proposing to construct new marina facilities or
                    proposing to significantly expand existing marina facilities meet the siting and
                    design standards and prepare and implement an operation and maintenance
                    program in accordance with the standards of this section in order to mitigate the
                    adverse impacts to water quality associated with marina activities.

                    All recreational boating facilities shall be designed and constructed to adequately
                    withstand appropriate environmental conditions present at    the

                10. All recreational boating facilities shall be designed and constructed in a manner
                    which does not impede or detract from and whenever practicable promotes
                    public access along and to the shore.

                11. The construction of marinas, docks, piers, floats and other recreational boating
                    facilities located on tidal lands or waters constitutes a use of Rhode Island's
                    public trust -resources. Due to the CRMC's legislative mandate to manage Rhode
                    Island's public trust resources for this and subsequent generations, the Council
                    must assess all proposed uses of public trust lands or waters on a case by case
                    basis, examine reasonable alternatives to the proposed activity, and ensure that
                    public's interests in the public trust resources are protected. In assessing a
                    proposed recreational boating,facility, the Council shall evaluate the following:
                    a) the appropriateness of the structure given the activit3(s potential to impact
                    Rhode Island's coastal resources je.g., impacts to coastal wetlands and impacts
                    associated with point and nonpoint sources of pollution); b) the appropriateness


                                                        7A.3 -






                 Nil I Ic 11 d I\                                )It'


                    of the strudure giv%-   geologic site conditionA;  c) the pvtieptial impacts of the
                    structure and use oi the structure ort public hug resources (Lg, fin fisk
                    shellfish, submerged aquatic vegetation, etc.); d) the potential navigation
                    impacts of the structure and associated use of the structure; e) the potential
                    aesthetic and scenic impacts associated with the structure, and f) the cumulative
                    impacts associated with the increased density of odsting recreational boating
                    facilities in the vicinity of the proposed pro*d. In considering these factors, the
                    Council shall weigh the benefits of the proposed'activity against its potential
                    impacts while ensuring that it does not cause an advem impact on other
                    existing uses of Rhode Island's public trust resources.

                 12. All marina facilities shall have an operation and maintenance program
                    approved by the Council in accordance with the requirements of this section by
                    January 1, 1999. Each operation and maintenance program shall be consistent
                                                                                    or Marinas:
                    with the most recent version of the Environmental Guide f
                    Controlling Nonpoint Source and Storm Water Pollution in Rhode Island.

                 C. PREREQUISMS

                 1. Persons proposing to establish a new marina must obtain permits concurrently
                    from the Army Corps of Engineers and the CRMC Council and Army Corps
                    requirements are designed to complement one another-, applicants should
                    consider the requirements of both agencies when preparing to begin the permit
                    process. In some cases, the Council may require an applicant to obtain applicable
                    Army Corps of Engineers permits prior to applying to the Council. A CRMC
                    Assent is not valid unless the applicant has received all required Army Corps of
                    Engineers approvals.

                 2. An application fo r a Council Assent for a new.or significantly expanding marina
                    will include a map prepared and stamped by a professional engineer, land
                    survevor, or architect that designates the area of tidal water that will be
                    incorporated within the marina as well as appropriate upland facilities.

                 I  (a) All applications for recreational boating facilities shall be initially reviewed by
                    the Executive Director or his designee. The Executive Director may refer any
                    such application to the Council for a hearing if based upon the application on its
                    iace a determination is made that the proposed activity warrants a Council
                    hearing.

                    (b) All such applications not referred to the Council for hearing under 1a) above
                       shall be referred to the subcommittee on recreational boating facilities which
                       shall consist of at least three (3) Council members appointed by the Chairman.
                       The Chairman shall also appoint a Chairman of the subcommittee.

                    (c) The subcommittee on recreational boating facilities shall, based upon the


                                                           7A.4 -








                     I( Ilk I\


                        application and' ..&d reports, make a determination Lm the application meets
                        all the criteria as set out in &oction 3UuA.EA and any odw applicable Council
                        policy or procedures. If a determination is made that all the above criteria are
                        met within thirty (30) days of the submission of the file by the staff to the
                        subcommittee chairman that the file is complete, the application shall be
                        processed as a Category A application.

                    (d) If a determination is made by the subcommittee that all of the above criteria
                        are not met then the subcommittee shall refer the matter to staff as a Category
                        B application.

                    (e) The subcommittee shall have the authority to consider and act upon
                        variance requests to certain standards of this section pertaining to residential
                        boating facilities. The subcommittee shall utilize the criteria and
                        requirements of Section 120 of this program in its evaluation of variance
                        requests. Variances may be granted by the subconunittee to the standards
                        listed in subsection (f) below only; variance requests to other standards of this
                        section, or to other appropriate and relevant sections of the CRMP must be
                        made to the full Council. Variances shall notbe considered by the
                        subcommittee if there is a substantive objection, in accor ance with Section
                        130, to the application.

                    (f) Variances may be granted to all of the standards contained in Section 300.4.E.4
                        and Section 200.2.C.3 provided engineering, biological and other appropriate
                        concerns have been addressed except for the following: i) the subcommittee
                        may not grant a variance to Section 300A.E.4j; ii) the subcommittee may
                        only grant a variance to within 18 inches of the marsh grade standard (Section
                        300.4.E.4.f) provided engineering, biological, and other appropriate concerns
                        are met; and iii) the subcommittee may only grant a vanance for the
                        extension of a recreational boating facility out to 75 feet beyond MLW or up to
                        a 50'.'( 'Increase bevond the 50 foot standard (Section 300A.E.41) provided
                        engineering, bio logical, and other appropriate concerns are met.

                D. PROMMONS

                I.  The building of new marinas in Type I and 2 waters is prohibited.

                2.  'The building of new residential docks, piers, -and wharves in Type I waters is
                    prohibited. This prohibition shall not apply to structures previously assented by
                    the Rhode Island Department of Harbors and Rivers, the Army Corps of
                    Engineers, or the CRMC. Additionally, in those instances where an applicant can
                    not produce a previous assent but can demonstrate by dear and convincing
                    evidence that a residential dock in Type 1 Waters pre-existed the formation of
                    the Council, the Council may grant a Temporary Dock Permit issued in
                    accordance with the CRMC's Dock Registration Program, which permit shall


                                                          7A.5 -







                   expire 'at the end oi .ie useful life of the structure, or tw (10) ymM whid@wer
                   occurs first and at which time said structure must then be rem oved. Any assent
                   granted pursuant tothis section shall be recorded in the land evidence records
                   and is transferable to a subsequent owner or purchaser of the subject property,
                   provided however, that all assent conditions are adhered to and the dock is
                   removed at the tennination of assent.

               3.  The unloading of catches by commercial fishing vessels at residential boating
                   facilities is prohibited.

               4.  The building of structures that are integral to or ancillary to a residential boating
                   facility, including but not limited to gazebos, boat lift launching ramps, boat
                   houses, and storage sheds is prohibited. However, the construction of boat lifts
                   and launching ramps may be allowed in Type 3, 5, and 6 waters.

               5. The discharge of sanitary wastes into tidal waters from devices other than those
                   approved by the United States Coast Guard is prohibited.

               E.. STANDARDS

               1. Siting and Design Standards for New Marinas and Significant Expansio n*s of
                   Marina Facilities:

                   (a) Site and design marinas and ancillary structures such that tides and/or
                      currents will aid in flushing of the site or renew its water regularly. Turning
                      basins and navigation channels shall be designed to prevent long-term
                      degradation of water quality. In areas where there is poor water quality
                      circulation, the depth of boat basins and access channels should not exceed
                      that of the navigable channel.

                   (b) Demonstrate that the proposed activity does not create significant adverse
                      effects on water quality during and following construction of the marina
                      facility.

                      Site and design marinas to protect against adverse effects on fish and shellfish
                      resources, wetlands, submerged aquatic vegetation, or other important
                      riparian and aquatic habitat areas during and following manna construction.

                   (d) Where shoreline erosion is a nonpoint source pollution problem, shorelines
                      should be stabilized in accordance with the policies and standards contained
                      in Section 300.7.

                   (e) Implement effective runoff control strategies which include the use of
                      pollution preven tion activities and the proper design of hull maintenance
                      areas. Reduce the average annual loadings of TSS in runoff from hull


                                                       7A.6 -






                                                                                   tr m(   1@\111 ma I ma,


                         maintenance are... Dy 80% in. accordance with the puncies and standards
                         contained in Section 300.6.

                     (f) Design fueling stations to allow for ease in cleanup of spills. AD marinas
                         installing fueling stations shall submit a Spill Response Plan to be approved
                         by the Council in accordance with the Environmental Guide for Marinas:
                         Controlling Nonpoint Source and Storm Water Pollution in Rhode Island.
                     (g) All new marina facilities shall be required to install a marine pumpout
                         facility and where appropriate, a dump station. Any expansion or alteration
                         of an existing marina facility that resialts in greater than or equal to 50 new
                         slips shall be required to install a manne pumpout facility and where
                         appropriate, a dump station. Any expansion or alteraldon of an existing
                         marina facility which proposes to increase the number of vessels
                         accommodated at the in-water facilities beyond 25% of the capacity as defined
                         in the original Council Assent shall be required to undertake mitigative
                         measures. If 25% of the capacity as defined in the original Council Assent is
                         greater than or equal to 50 slips, then a marine pumpout facility and where
                         appropriate, a dump station shall be required. If 25% of the capacity as defined
                         in the original Council Assent is less than 50 slips, thoen the Council shall
                         require either the installation of a marine pumpout facility or other suitable
                         mitigation measures such as a dump station.

                         When the Council has determined that there are already enough marine
                         pumpout facilities to serve all of the recreational boating facilities found in
                         the region, then the Council may waive the requirement for a marine
                         pumpout facility and/or a dump station and require alternative mitigative
                         measures.


                         All marine pumpout facilities shall- be designed in a manner that serves the
                         boating public. In addition, all marine pumpout facilities that are required by
                         the Council to mitigate the adverse impacts to water quality associated with
                         recreational boating shall be open for the general public's use. However,
                         manna operators may charge a fair and nondiscriminatory fee to cover the
                         cost of constructing and operating these facilities. Signs shall be posted
                         informing the public as to the location and availability of pump-out facilities.

                     (h) Sufficient restroom facilities shall be provided to service the patrons of the
                         marina.


                     (1) Sufficient parking shall be provided for the patrons of the marina. A standard
                         of 300 square feet is required for each parking space; the minimum
                         requirements for the total number of parking spaces provided is one space for
                         each 1.5 boats and one space for each 1.2 employees.



                                                            7A.7 -






                                                                    W

                    Q) Discharge of sai...Ary wastes to tidal waters fim bowas using the facility by
                       devices otner than those approved by the United States Coast Guard is
                       prohibited.

                    W All new marina facilities shall meet the setback policies and standards
                       contained in municipal harbor management plans and/or harbor ordinances
                       approved by the Council. However, in all cases marina facilities shall be
                       setback at least 50 feet from approved mooring fields and three times the
                       authorized project depth from federal navigation projects (e.g. navigation
                       channels and anchorage amas).

                    (1) All new marinas and significant expansions of marinas are required to
                       prepare and implement an operation and maintenance program in
                       accordance with the most recent edition of the Environmental Guide for-
                       Marinas: Controlling Nonpoint Source and Storm Water Pollution in Rhode
                       Island. and the standards contained in Section 300.4.F-1

                    (m) All new marinas and significantly expanded marinas shall prepare and
                       implement an erosion and sediment control plan in accordance with the
                       requirements of Section 300.2. and the most recent edition of the Rhode
                       Island Soil Erosion and Sediment Control Manual.

                    (n) All new marinas and significantly expanded marinas shall pmpare and
                       implement a stormwater management plan in accordance with the
                       requirements of Section 300.6 and the most recent edition of the Rhode Island
                       Stormupater Design and Installation Standards Manual.

                    (o) All marina mooring areas shall meet the setback policies and standards
                       contained in municipal harbor management plans and/or harbor ordinances
                       approved by the Council. However, in all cases marina mooring area shall be
                       setback at least 50 feet from approved marina facilities and all marinas shall
                       be set back three times the authorized project depth from federal navigation
                       pro)ects (e.g. navigation channels and anchorage areas).

                2. Marina Operation and Maintenance:

                    (a) All marina facilities shall prepare and implement an operation and
                       maintenance program consistent with the most recent edition of the
                       Environmental Guide for Marinas: Controlling Nonpoint Source and Storm
                       V'Vater Pollution in Rhode Island. and the requirements of this section by
                       January 1, 1999. Marina owners may apply to the Council for approval of an
                       operation and maintenance program at any time prior to January L. 1999.
                       Each operation and maintenance program shall include all appropriate best
                       management practices necessary to satisfy the requirements of this section. It
                       must also contain a site plan which clearly shows the marina perimeter limit


                                                        7A.8 -







                       and the location   all upland facffities and prop" coundaAeL Wrina
                       owners shall be required to update marina operation and maintenance
                       program every five (5) yam or in the event of a modification to the facility
                       which requires a change to the approved operation and maintenance
                       program. An approved operation and maintenance program permits a
                       marina facility to conduct maintenance and repair activities in accordance
                       with the requirements of 300.4-El.c and 300A.E.1e.

                    (b) Each marina operation and maintenance program must, at a minimum,
                       demonstrate the following:

                       (1) When hull maintenance areas are present: Effective runoff control
                          strategies which include the use of pollution prevention activities and the
                          proper design of hull maintenance areas are implemented such that the
                          average annual loadings of Total Suspended Solids (TSS) is reduced by
                          Wo in accordance with the requirements of Section 300.6.
                       (2) When fueling. stations are present on-site. a SpW Response Plan shaH be
                          prepared @and implemented which meets appropriate state and local
                          requirements for fuel dispensation or storage areas.
                       (3) Solid wastes produced by the operation, cleanin& maintenance, and repair
                          of boats are properly disposed of in order to Em-tit entry of solid wastes to
                          surface waters.
                       (4) When the disposal of fish waste is determined by the CRMC and the
                          RIDEM to be a source of water pollution: Sound fish waste management
                          shall be promoted through a combination of fish-cleaning restrictions,
                          public education, and proper disposal of fish waste;
                       (5) Mien liquid materials used in the maintenance, repair, or operation of
                          boats are stored on-site: Appropriate storage, transfer, containment, and
                          disposal facilities for liquid material, such as oil, harmful solvents,
                          antifreeze, and paints, is provided and maintained and the recycling of
                          these materials is encouraged;
                       (6) Reduce the amount of fuel and oil from boat bilge's and tank air vents
                          entering marina and surface waters using appropriate practices.
                       (7) Marinas where boat tops:des are cleaned and marinas where hull
                          scrubbing in the water has been shown to result in water or sediment
                          qi4ality problems: Cleaning operations are performed in a manner which
                          minimizes, to the extent practicable, the release to surface waters of (a)
                          harmful cleaners and solvents and (b) anti-fouling paint from in-water
                          hull cleaning; and,
                       (8) Mien sewage pidmpout facilities or dump stations are present on-site. a)
                          Sewage pumpout facilities are maintained in operational condition; b)
                          Appropriate signs have been posted informing the public of the
                          .availability of pumpout facilities, dump stations, and sanitazy facilities;
                          and, c) the use of pumpout facilities, dump stations, and sanitary facilities
                          is encouraged.


                                                       7A.9 -






                     r lit I I\ 7                               ),c, I11.1 F         I R I N    %1.1, 111.1"



                   (c) An approved operation and maintenance program permits the marina
                       operator to undertake minor repairs and alterations of approved in-water
                       facilities without further review, where such repairs or activities will not
                       alter the assented design, capacity, purpose or use of the marina. For the
                       purposes of this section, the assented design, capacity, purpose or use of the
                       marina shall be those characteristics associated with the physical
                       configuration or construction, numbers of vessels accommodated at in-water
                       facilities, and nature of operation as defined in the original Council Assent,
                       respectively. Minor repairs and alterations shall include repair or
                       replacement of dock decking or planks, replacing pilings, extensions of slips
                       and/or finger piers and other activities of a similar and non-substantial
                       nature. Minor repairs and alterations shall not be construed to include
                       maintenance dredging, alterations, repairs or expansion of shoreline
                       protection facilities, bulkheads, or breakwaters, or other activities subject to
                       review under other relevant sections of this program.

                       Prior to January 1, 1999, marina owners without proved operation and
                       maintenance program are authorized to conduct the aforementioned minor
                       repairs and alterations to approved in-water facilities without further review,
                       where such repairs or activities will not alter the previously assented design,
                       capacity, purpose or use of the marina provided that an approved Council
                       Assent or marina perimeter exists.

                   (d) Proposals for the alteration or reconfiguration of in-water facilities such as
                       docks, piers, and/or mooring areas shall be reviewed as follows:

                       (1) Alterations to the lavout or configuration of in-water facilities which do
                          not increase the number of boats accommodated shall obtain a
                          Certification of Maintenance in accordance with the requirements of
                          Section 300.14;
                       (2) Alterations which propose to increase the number of boats that may be
                          accommodated at the in-water facilities of the marina within 25% of the
                          capacity of the marina as defined in the original Council Assent, and do
                          not propose to extend   the facility beyond the defined perimeters shall be
                          reviewed as Category A applications. The Council's review shall establish
                          that the alterations and/or expansion meet the 25% standard, and that the
                          Council's standards for parking and sanitary facilities are met.
                       (3) Alterations which propose to increase the numbers of vessels
                          accommodated at the in-water facilities beyond 25% of the capacity as
                          defined in the original Council Assent, and/or extend the facility.beyond
                          the defined perimeters, or alter the purpose of the facility shall be.
                          reviewed as a Category B application.

                   (e) An approved operation and maintenance program permits the marina owner


                                                          7A.10 -







                  to undertake nt,...jr repair and maintenance of app,4ved upland facilifies
                  without huther review, provided that such repairs or activities will not result
                  in any of the following:

                  (1) an increase in impervious surfaces,
                  (2) filling removin& or graiding activities as defined in Section 300.2;
                  (3) addition or expansion of hull maintenance or repair areas;
                  (4) increase in the footprint of any building or additional floors of the
                     structure; or,
                  (5) a change in the purpose or use of the marina.
                  For the purposes of this section, the approved upland facilities shall be those
                  identified on the site plan approved as part of an operation and maintenance
                  program.

                Y) Whe n minor repair and maintenance to in-water or uplan'd facilities requires
                  the.use of heavy machinery (such as a pile driver), the Council shall be
                  notified in writing at least 10 working days prior to undertaking the work.
                  Notice of repair activities requiring the use of heavy machinery shall include
                  the following:

                  (1) A statement that the notice is given pursuant to Section 300.4;
                  (2) A description of the proposed repair or alteration to be performed
                     including a statement as to the size and type of materials to be used;
                  (3) A copy of the original Council Assent, Division of. Harbors and Rivers
                     permit, or operation and maintenance plan under which the proposed
                     repair or alteration is to be performed;
                  (4) A copy of the site plan (e.g., site plan from the operation and maintenance
                     plan) showing the location of the proposed repair or alteration;
                  (5) The name of the person on-site responsible for supervising the proposed
                     repair or alteration;
                  (6) The anticipated. dates on which the proposed repair or alteration shall
                     commence and be completed.

             3. Launching ramps:-

               (a) Ramps shall be constructed at an angle no greater than 15 percent from the
                  horizontal. Where upland modification is necessary, the slope will be
                  created, where possible, by cutting back into the upland, rather than by placing
                  fill on a shoreline feature. Ramps shall be approximately even with beach
                  grade.

               (b) Ramps shall extend a suffl cient distance inland to prevent washout at the
                  inland edge and shall extend a minimum of 3 feet beyond extreme low water.
                  Single-lane ramp width shall not be less than 15 feet.


                                            7A.11 -






                             A                                                           I'M11. Mal I I I



                   (c) Where a form of pavement is necessary in areas of unconsolidated sediment,
                       ramps will be constructed using 6 inch by 6 inch or equivalent by a maidmum
                       of 15 feet reinforced concrete ties, connected with galvanized steel rods placed
                       perpendicular to the slope of the ramp, and packed within the underlain by 6
                       inches of crushed stone. Concrete ties shall utilize an air-entraining, Type 11
                       or Type V Portland cement, or an equivalent sulfate-resistant substitute.

                   (d) Side slopes of the ramp (above water line) shall be constructed of sloped
                       riprap or, if the slope permits, vegetated.

                   (e) See Section 300.2, "Filling, Removing, or Grading of Shoreline Features," and
                       Section 300.7, "Construction of Shoreline Protection Facilities."

                4. Residential docks, piers, and floats:

                   (a) Applications for all residential recreational boating facilities shall indicate all
                       work associated with access to these structures, a bottom survey showing
                       water-depth contour lines and sediment types along the length of the
                       proposed structure shall also be provided and certified-by a registered
                       professional engineer. All pathways, boardwalks, and cutting or filling of
                       coastal features shall be specified. All such work shall be in accordance with
                       applicable standards for "Filling, Removing, or Grading" (Section 300-2) and
                       "Residential, Commercial, Industrial, and Public Recreational Structures"
                       (Secti on 300.3).

                   (b) Fixed structures which are for pedestrian access only shall be capable of
                       supporting 40 pounds per square foot live load as well as their own dead
                       weight; floating structures shall be capable of supporting a uniform 20 pounds
                       per square foot live load, or a co'ncentrated load of 400 pounds. A written
                       certification by the designer that the structure is designed to support the above
                       design loads shall be included with the application.

                   (c) No creosote shall be applied to any portion of the structure.

                   (d) A dock, floating dock or pier width shall be a maximum of 4 feet; terminal
                       float size shall not exceed 150 square feet per recreational boating facility.

                   (e) Flotation devices shall be securely'contained.

                   M Where possible, piers shall span coastal wetlands; when pilings are placed
                       within coastal wetlands, only the immediate area of piling penetration may
                       be disturbed. The stringers shall be located at least 3 1/2 feet above the grade
                       of the coastal wetland. Construction in a coastal wetland shall be
                       accomplished by working out from completed sections. No construction


                                                          7A.12 -







                       equipment shaL :averse the wetland while dw facinty is being bunt
                    (g) Owners are required to maintain their facilities in good worldng condition.
                       Facilities may not be abandoned. The owner shall remove from tidal waters
                       and coastal features any struchue or portions of structures which are
                       destroyed in any natural or man-induced manner.
                    (h) Float ramps and other marine appurtenances or equipment shall not be
                       stored on a coastal wetland, shoreline embankment, or in any area designated
                       as a buffer zone.

                    W The use of cribs for structural support: shall be avoided. The use of cribs as
                       support in tidal waters may be permitted given -certain environmental design
                       considerations, however, in these instances,the size and square footage shall
                       be minimized and the structure can not pose a hazard to navigation. When
                       cribs are permitted for structural support they must be removed when the
                       useful life of the structure has ceased (e.g. the structure is no longer used as a
                       means of accessing tidal waters).

                    (j) Residential boating facilities shall not intrude into the area within 25 feet of
                       an extension of abutting property linesunless (1) it is to be common structure
                       for two or more adjoining owners, concurrently applying or (2) a letter or
                       letters of no objection from the affected owner or owners are forwarded to the
                       CRIVIC with the application.

                    W Residential boating facilities shall not extend beyond that point which is (1) 25
                       percent of the distance to the opposite shore (measured from mean low
                       water.), or (2) 50 feet seaward of mean low water, whichever is the lesser.

                    (1) All residential docks, piers, and floats shall meet the setback policies and
                       standards contained in municipal harbor management plans and/or harbor
                       ordinances approved b@, the Council. However, in all cases residential docks,
                       piers, and floats shall be setback at least 50 feet from approved moor ing fields
                       and three times the U.S. Army Corps or Engineer's authorized project depth
                       from federal navigation projects (e.g. navigation channels and anchorage
                       areas).

                    (m) No sewage, refuse, or waste of any kind may   be discharged from the facility
                       or from any vessel utilizing it.

                    (n) Routine maintenance of an existing private recreational boating facility
                       previously authorized by a Council Assent shall require a Certification of
                       Maintenance in accordance with the requirements of Section 300.14 of this
                       program.




                                                        7A.13 -






                         7 A                                     i                 KNI P.- \1


                  (o) Materials used    the construction of residentW boAting facilities shall be
                     limited to timbe4-. This requirement does not ap    tDfloat restraint piles or
                                                                   A Ply
                     ramps used in the construction of floating docks. This requirment also does
                     not pertain to timber connection hardware. Alternate materials may be
                     utilized in the construction of floating docks.

                  (p) The surface of the dock, pier and float shall be designed in a manner which
                     provides safe traction and allows for the appropriate drainage of water.
                  (q) Geologic site conditions shall exist which are appropriate for structural
                     support."


              2. Delete Section 300.15 in its entirety and replace with the following:


              "300.15. Municipal Harbor Regulations


              A. DEFINMONS

              1.  Municipal harbor rules, regulations and programs include all rules, regulations,
                  programs or management functions exercised by a municipality that apply to the
                I use of tidal waters adjacent to a municipality.

              2.  Mooring area: any designated area managed by a commercial enterprise, a club,
                  citv, or town where five or more recreational craft are kept at moorings. Public
                  mooring areas are defined as those mooring areas managed by municipalities.
                  Public Mooring areas shall be delineated in approved municipal harbor
                  management plans and are subject to the requirements of this section. Marina
                  mooring areas are defined as those mooring areas managed by a private
                  organization (e.g., marinas, vacht clubs, etc.). Marina 'Mooring areas shall be
                  considered as marina facilit@es and are subject to the standards contained in
                  Section 300.4.

              I   Significant expansion of a Public Mooring Area: Any expansion of the mooring
                  field beyond the previously authorized perimeter limit. Previously authorized
                  pertmet-er limits for mooring fields shall include all perimeters authorized by the
                  Army Corps of Engineers or the CRIVIC in accordance with Assents or the
                  CRMC's approval of municipal harbor management plans or ordinances.

              B. POUCrES

              I - All municipalities proposing to adopt harbor rules, regulations, or programs shall
                  apply to the Council for a determination of consistency with the Coastal


                                                     7A.14 -







                    Resources Managemmt Program. Mun-0imlifies am rtderred to the Guidelises
                    for the Development of Municipal Harbor Management Pin= for additiorud
                    detailed standards in establishing harbor rules, regulations or programs.

                 2. When a city or town enacts a ordinance under Rhode Island General Laws 46-4-Z
                    it shall not be required to request a determination of consistency with the Coastal
                    Resources Management Program unless such by-law or ordinance affects the
                    planning, regulation, or coordinating functions of the Council.

                 3. All public mooring areas shall be sited, designed, operated, and maintained in
                    accordance with the requirements of this section, the most recent edition of the
                    CRMC's Guidelines for the Development of Municipal Harbor Management
                    Plans, approved municipal harbor management plans, and approved municipal
                    harbor ordinances.

                4.  The Council recognizes that the United States Coast Guard has primary authority
                    over navigational aids and marine boating safety,. and that these responsibilities
                    are complemented by the Department of Environmental Management, local
                    harbormasters, and public boating service organizations such as the Coast Guard
                    Auxiliary.

                5.  The Council requires municipalities preparing to implement harbor
                    management rules, regulations and/or programs relating to activities and
                    structures in tidal waters to apply for a determination of consistency with the
                    Coastal Resources Management Program to assure conformance between such
                    rules, regulations and/or programs and the Coastal Resources Management
                    Program, the Guidelines for the Development of Municipal Harbor Management
                    Plans and the General L@aws of the State of Rhode Island.

                o   Discharge of sanitary wastes to tidal waters from boats by devices other than those
                    approved by the Un@ited States Coast Guard is prohibited.

                C. MUNICIPAL HARBOR MANAGEMENT PLAN AND ORDINANCE
                    APPROVAL REQUIREMENTS

                I - All municipal harbor management plans shall be consistent with all policies,
                    standards, and requirements specified in the Rhode Island Coastal Resources
                    Nlanagement Program, the most recent edition of the Council's Guidelines for
                    the Approval of Municipal Harbor Management Plans, and Rhode Island
                    General Laws 46-4-2.

                2.  The Executive Director is authorized  to approve, administratively, municipal
                    harbor regulations and ordinances for an interim period of one year, provided:

                    (a) The municipality submits an application for review and approval by the


                                                        7A.15 -









                                                        I( I - t , 4
                                                                                 J@Nl V: Mal


                   Executive Directuaf such that present conditions of Ow ha* m and the uses
                   made of it can be examined;
                (b) In the meantime, the municipality undaftkes and prepares a comprehensive
                   harbor management plan, in conformance with the policies and
                   requirements of the CRM[P, as amended;
                W Until such time as a comprehensive harbor plan is prepared, all activities
                   regulated throughout the CRMF, or which take place below the mean high
                   water mark, must come before the CRMC for review and approval, in
                   ac.cordance with established procedures.
             3. All new and significantly expanded public mooring areas shall be sited in a
                manner which ensures that.

                (a) the tides and/or currents will aid in flushing of the site or renew its -water
                   regularly;
                (b) the proposed mooring area does not cause significant adverse effects on water
                   quality;
                W there are no significant adverse effects on fish and shellfish resources,
                   wetlands, submerged aquatic vegetation, or other important riparian and
                   aquatic habitat areas;
                (d) mooring fields are setback at least 50 feet from approved marina facilities and
                   three times the authorized project depth from federal navigation projects (e.g.
                   navigation channels and anchorage areas).

             4. All municipal harbor management plans -and ordinances shall ensure that:

                (a) the mooring fields are serviced by adequate and accessible marine pumpout
                   facilities, and dump stations whi@h are maintained in operational condition;
                (b) the use of marine pumpout facilities is encouraged;
                (c) boating activities are restricted where necessary to decrease turbidity and
                   physical destruction of shallow-water habitat;
                (d) all in-water boat cleaning operations are performed in a manner which
                   minimizes, to the extent practicable, the release to surface waters of W
                   harmful cleaners and solvents and (ii) anti-fouling paint from in-water hull
                   cleaning;

             5. All Harbor Management Plans shall identify public mooring areas with a well
                defined perimeter which shall describe and limit that area in which moorings
                may be placed. The perimeter of the mooring field shall be identified on a site
                plan at a scale of I" = 40' or larger which bears the signed stamp of a Rhode Island
               .registered land surveyor or professional engineer

             6. Proposals for the alteration of the perimeter limit for a public mooring area shall
                be reviewed as amendments to approved municipal harbor management plans
                and ordinances. The Council*s approval shall be its approval of amendments to


                                                    7A.16 -










                                                                      

                  the municipalitv's harbor management plan and ordinance.  All alterations to
                  mooring areas shall be consistent with any CRMC approved municipal harbor
                  management rules, regulations or programs, as defined in this section and the
                  most recent edition of the Council's Guidelines for the Development of
                  Municipal Harbor Management Plans."











































                                                   -7A.17-
 





                  M"777el 8


                                                    Chapte r 8
                                              Hydromodifications



                  Introduction

                  This section of the threshold review addresses six management measures
                  which address hydromodifications. The Guidance Specifijing Management
                  Measures for Sources of Nonpoint Pollution in Coastal Waters (EPA 1993)
                  classifi es Hydromodification activities into three categories:

                         * Channelization and Channel Modification;
                         - Dams; and,
                         e Shoreline Erosion.

                  This chapter provides a brief overview of these three subcategories of
                  nonpoint pollution in Rhode Island. It also discusses how Rhode Island
                  already implements, or will implement these six management measures.

                  Channelization and Channel Modification

                  Channelization and channel modification are defined in the (g) Guidance as
                  river and stream channel engineering undertaken for the purposes of flood
                  control, navigation, drainage improvement, and reduction of channel
                  migration potential. These terms also refer to the excavation of borrow pits,
                  canals, underwater mining or other practices that change the depth, width, or
                  location of waterways or embayments in coastal areas. With the exception of
                  channel engineering undertaken for the purposes of navigation, e.g.,
                  dredging, none of the aforementioned activities takes place in Rhode Island.
                  Further, the level of dredging activity is low, discreet rather than ongoing,
                  and limited to tidal waters. Therefore, descriptions of implementation of the
                  channelization management measures focus on dredging activities.

                  Many of Rhode Island's tidally influenced submerged lands have been
                  subjected to dredging activities since colonial times. These activities have
                  been due, in part, to the increase in the size and draft of commercial and
                  recreational vessels, and the ongoing problem of siltation within navigable
                  waters. An estimated 25 million cubic yards of material has been dredged
                  from Narragansett Bay, and its adjacent waters, to improve navigation during
                  the past two centuries (CRC 1981). This includes both improvement dredging
                  undertaken to increase the depth or extent of channels, and maintenance
                  dredging to remove material which settled back into previously dredged






                      K,Zhapter 8                                                                       Jromodifications


                      channels and basin: (CRMC 1990). However, in recent history, this trend has
                      been reversed. Currently there are no significant improvement dredging
                      activities ongoing in Rhode Island coastal waters. Over the past few years,
                      most dredging activities have been limited in scope and are best defined as
                      maintenance dredging. However, that could change if the Providence Harbor
                      Channel is dredged.

                      In the past several decades the biggest dredging projects have involved the
                      dredging of about 20 miles of 35 to 40 foot channels in Narragansett Bay to the
                      port of Providence and to Fall River Massachusetts. The first of these projects
                      occurred in 1950 when 2,710,000 cubic yards of dredge material was removed
                      from the entrances to Fall River. Another- large projected occurred seven
                      years later when 1,500,000 cubic yards of dredge material was removed from
                      the Fall River harbor channels in 1957. The most massive dredging project
                      ever undertaken in the State of Rhode Island, to date, occurred between the
                      years of 1967 and 1971 when 9,800,000 cubic yards of dredge material was


                            Table 8.1 . Completed Dredging Projects in Rhode Island Since 1988


                                  Location                    Project              Volume (cubic yards)

                               Newport              Lees Wharf Realty                          150
                                                    U.S. Coast Guard                           200
                                                    Bowens Wharf                               100


                               South Kingstown      Theodore Farrel                              60
                                                    Silver Spring Cove                         1333

                               Warren               BIOUnt Realty                                10

                               North Kings,on       RIDOT                                      1854

                               New Shoreharn        COE                                      20,(X-K)

                               Westerly             Watch Hill Fire District                   2300
                                                    WeekapaUg Fire District                    950

                               Portsmouth           Coggeshall Development                    7,800
                                                    Hood Enterprises                           730

                               Warwick              Ed%vard Ventura                            125

                               Total                                                         35,612







                                                                        -8.2-








                  removed from the Providence River ch,,.inel and harbor Ci4etcalf and Eddy
                  1987). Smaller-scale projects have involved'the dredging of many small
                  harbors and coves such as Little Narragansett Bay in Westerly, Great Salt
                  Pond on Block Island, Newport and Wickford Harbors, and Point Judith Pond
                  in Narragansett (CRC 1979). These smaller projects usually involved the
                  removal of less then 80,000 cubic yards of dredge material per project (Metcalf
                  and Eddy 1987).

                  More recent dredging activities in Rhode Island coastal waters have been
                  minimal. According to permitting records from the Coastal Resource
                  Management Council (CRMC), only 13 applications involving dredging
                  activities within Rhode Island waters were approved and completed between
                  1988 and 1994. The total dredge material resulting from these 13 projects have
                  totaled only 35,612 cubic yards. This figure is relatively low considering that
                  20,000 cubic yards, or 56 percent, of the six year total came from one project
                  (Table 8.1). Material dredged from 1946 to 1987 totaled 17.9 million cubic
                  yards. When calculated, an average of 2.9 million cubic yards have been
                  removed every six years from 1946 to 1987. However, during the last six years
                  35,612 cubic yards, or 1.2 percent of the six-year 2.9 million average has been
                  removed (Table 8.2)., Accordingly, there has been a significant decrease in
                  dredging activities within Rhode Island waters during the past six years. It
                  should be noted, however, that the Army Corps of Engineers (COE) is
                  currently in the process of developing plans to dredge the Providence Harbor.
                  It is estimated that this project will remove upwards of 3 million cubic yards
                  of material and will include the dredging of the berths at the Port of
                  Providence.



























                                                         -8.3-







                     apter 8




                         Table 8.2   Total Dredge Material Removed from 1946 to Present














                           3 3L1 SOD




                                     21132 t 800
                                               2 ODI 40D



                                                                  324 150
                                                                            L    0


                           IP16 - IM IPS) - IM IP*D - IP66 IM L9V# 1#14 Lf#* L#41 MY L#*# -


                                      Source:  Metcalf & Eddy 1987 and CRMC 1994.


                   Magnitude of Nonpo   int Source Problems from Dredging Activities

                   Potential nonpoint source pollution impacts associated with dredging
                   Activities involve the physical and chemical alteration of bottom sediment
                   and surface water. These alterations are associated with environmental
                   problems such as increased siltation, hydrological changes, and thermal
                   fluctuations (RIDEM 1989). Examples of these environmental problems
                   associated with dredging activities include:

                         9 Resuspension of sediments, increasing turbidity, which degrades
                           water quality and primary production;
                         * Resuspension of sediment-bound pollutants which again degrade
                           water quality, posing a severe biological threat;
                         o Reintroduction of nutrients, increasing productivity and triggering
                           eutrophic conditions, resulting in blooms and associated hazards;
                         0 Resuspension of low oxygen sediments, depleting the ambient
                           oxygen supply available to other organisms; and,
                           Hydrological changes altering the salinity, dissolved oxygen level,
                           temperature, sediment and erosion patterns, disturb habitats, wipe






                   T@hapter 8                                                         IV 0111061111@@


                           out non-motile specie,---.. and force motile species to move to other
                           regions.

                   In addition, the removal of bottom substrate can facilitate the leaching of
                   saltwater into the freshwater ground-lens, causing significant freshwater
                   quality problems in localized areas.

                   With a decreasing number of dredging activities occurring within Rhode
                   Island's waters, nonpoint source pollution stemming from these dredging
                   activities has also decreased. However, due to potential future dredging
                   activities, the need for these management measures is apparent. For this
                   reason and to meet federal requirements, the two management measures
                   addressing channelization and channel modification will be implemented
                   through amendments to the. Rhode Island.Coastal Management Program
                   (RICRMP), the Rhode Island Department of Environmental Management
                   (RIDEM), Division of Freshwater Wetlands Rules and Regulations
                   Governing the Administration and Enforcement of the Fresh Water
                   Wetlands Act, and the RIDEM, Division of Water Resources Water Quality
                   Regulations and Water Quality Certification Program.






























                                                          -8.5-






                   r471MF!r_-. 8


                   Dams

                   In the State of Rhode Island there are 16,749 acres of lakes and ponds, and 725
                   miles of rivers and streams (EPA 1994) According to Rhode Island's
                   Department of Environmental Management (RIDEM), 506 dams are currently
                   situated within these waters. Out of these 506 dams, 157 meet the following
                   definition contained in the Section 6217 (g) Guidance:

                          - Constructed impoundments 25 feet or more in height and greater
                            than 15 acre-feet in capacity, or;
                          - Constructed impoundments 6 feet or more in height and greater than
                            50 acre-feet in capacity (EPA 1993).

                   Approximately 19 of the 157 dams are 25 feet or more in height and possess
                   storages greater than 15 acre-feet. The average height and storage of these 19
                   dams is 37 feet in height with an average storage of 8294 acre-feet.

                   All of the 157.dams meet the definition of, 6 feet or more in height and
                   possess storages greater than 50 acre-feet. The average height and storage of
                   all 157 dams is 14.5 feet in height with an average storage of 1373.7 acre-feet.
                   The largest of these dams is the Gainer Memorial Dam in Scituate, which is
                   109 feet in height and holds 114,000 acre-feet under normal conditions. The
                   smallest of these dams is the Moscow Pond Dam in Hopkinton, which is 6
                   feet in height and holds 50 acre-feet under normal conditions (Hauck 1994).

                   The functions of the 157 dams are minimal and mainly consist of a few small-
                   scale hydroelectric generation facilities. According to the RIDEM, 16 of these
                   dams have hydroelectric capabilities, but only 6 are in operation. The other
                   dams throughout the State have no uses, or purposes, and are simply
                   permanent fixtures leftover from the industrial revolution (Hauck 1994).

                   Management Practices

                   Section 46-19 of Rhode Island's General Laws stipulates that the jurisdiction
                   over all dams within Rhode Island, both public and private, lies with the
                   Rhode Island Department of Environmental Management (RIDEM). The
                   RIDEM, through provisions set forth in Rhode Island General Laws Section
                   42-17.1-2, has delegated the management of all 506 existing dams, ongoing
                   dam projects, and future dam projects to the RIDEM's Division of Freshwater
                   Wetlands Dam Safety Program. The Fresh Water Wetlands Act stipulates that
                   the administration and enforcement of the Act lie within the Division of
                   Freshwater Wetlands of the RIDEM. In order to more specifically manage
                   dams throughout the State, the Division of Freshwater Wetlands administers
                   and enforces the Dam Safety Program. Under the Program, permitting , the


                                                             -8.6-








                              8


                     planning and specification evaluation, and the inspection process of the
                     State's dams are carried out.

                     According to the Rules and Regulations of the Governing the Administration
                     and Enforcement of the Fresh Water Wetlands Act(Rules), the construction
                     of any new dam, significant modifications or alterations to any existing dam,
                     and significant maintenance and/or superficial repair of an existing dam
                     requires a permit from the Director of the RIDEM, pursuant to Rule 4.03.
                     Prior to issuance of a Permit, an applicant may file a Request for Preliminary
                     Determination and/or if necessary an Application to Alter. The Request for
                     Preliminary Determination (Rule 9.03) determines whether or not a project
                     appears to represent a significant alteration to freshwater wetlands. If, it is
                     determined that a significant alteration will occur, an Application to Alter is
                     required-, pursuant to Rule 9.05. The Director of the RIDEM then approves or
                     denies the proposed action based on Rule 9'.05 and review criteria set forth in
                     Rule 11.02 of the Rules and Regulations.

                     It should also be noted that the construction of a dam within the jurisdiction
                     of the Coastal Resources Management Council (CRMC) also requires a permit.
                     This would include all dams located in coastal waters as well as any dam
                     which would result in a freshwater diversion that impacts coastal resources.

                     Of the 157 dams which meet the applicability criteria contained in the (g)
                     Guidance, eight fall within the geographic jurisdiction of the CRMC. In these
                     cases, the dams themselves are the coastal feature determining CRMC
                     jurisdiction. As a result, activities on, or within 200 feet of, these structures
                     are subject to all the policies and standards of the RICRMP as well as RIDEM
                     regulations. None of these eight dams have been identified as causing
                     nonpoint source impacts to coastal waters.

                     Magnitude of Nonpoint Source Problems from Dams

                     Dams impact the environment in three basic ways. First, their initial
                     construction adversely effects water quality and vegetation. Second, the
                     a.ctual situation of- the dams disrupts the natural hydraulics of the stream or
                     river. Third, the operation of the dams generate significant amounts of
                     nonpoint source pollution in surface waters (EPA 1993).

                     Construction activities associated in building a dam can cause increased
                     turbidity and sedimentation in the waterway resulting from vegetation
                     removal, disturbance of soils, and soil rutting. Also, the presence of
                     construction equipment can lead to the introduction of fuels and chemicals
                     into adjacent waters (EPA 1993). If there is ongoing or proposed dam
                     construction within the State, it would have to be carried out in accordance



                                                               -8.7-






                   rf 11=1 cei 8


                   with Chapter 46-19 of the Rhode Island General Laws, Inspection of Dams and
                   Reservoirs. This statute is implemented through the Rhode Island
                   Department of Environmental Management, Division of Freshwater
                   Wetlands by the Dam Safety Program.

                   The physical siting of the dam deprives downstream wetlands and riparian
                   areas of much needed flood waters, while the upstream wetlands, riparian
                   areas, and fastland are inundated by the presence of the dam. Also, dams can
                   block or impede migration routes of fish and other biological species (EPA
                   1993). Little, if anything, can be done, or needs to be done, to correct the siting
                   of dams already in existence. Most of the dams, as mentioned before, are
                   permanent fixtures left over from the Industrial Revolution. They are low
                   dams, with small hydraulic heads, limited storage areas, short detention
                   times, and no positive control over lake storage. However, the siting of
                   future dam projects within the State, must be carried out in accordance with
                   Rhode Island General Law 46-19.1-8.

                   The general operation of dams can, if unregulated, generate significant
                   amounts of nonpoint source pollution in the surface waters of the
                   impounded waterway. First, the controlled releases from dams can influence
                   the amount of freshwater introduced into coastal waters. Second, the reduced
                   downstream flushing can lead to increased loads of biological oxygen
                   demands (BOD), phosphorus, and nitrogen; changes in pH; and the potential
                   for increased algal growth. These increases and changes can facilitate the
                   occurrence of eutrophication. Third, the changes in downstream hydraulics
                   can disrupt sediment patterns, thus affecting the spawning and general
                   habitat for fish, and the ability of many aquatic plants to anchor themselves to
                   the substrate. Finally, the controlled releases can alter water temperatures
                   and lower the dissolved oxygen levels in downstream waters (EPA 1993; and,
                   RIDEM 1989).

                   The general operation of all 506 dams within the State is regulated by the
                   provisions of R.I.G.L. 46-19, Inspection of Dams and Reservoirs, and the Fresh
                   Water Wetlands Act (R.I.G.L. 21-18, et seq.). Any proposed significant release
                   of water, any prolonged small release of water, and any significant physical
                   alteration requires a Permit pursuant to Rule 9.01 of the Freshwater Wetlands
                   Regulations. The provisions of the Inspection of Dams and Reservoirs Act
                   also require a periodic general inspection of all 506 dams throughout the State
                   pursuant to General Law 46-19.1-8. The criteria for these inspections are based
                   on United States Army Corps of Engineers' classifications. The premise of
                   these classifications rests on the potential for a dam to breach, and the
                   amount of property damage and the number of lives lost that would ensue.
                   These classifications group all of the State's dams into three categories; High
                   Hazard, Moderate Hazard, and Low Hazard. A High Hazard dam has the


                                                             -8.8-






                  17hapter 8


                  ability, if breached, to cau@,e high amounts of property damage and a
                  substantial loss of life. Because of the potential severity of an accidental
                  breech, these dams are inspected once a year. A Moderate Hazard dam has the
                  ability, if breached, to cause moderate amounts of property damage and a
                  minor loss of life. Because of this low threat of damage, these dams are
                  inspected every other year. A Low Hazard dam, if breached, will cause
                  minimal amounts of property damage and no lives would be lost. Based on
                  the minimal threat of life and property damage these dams are inspected
                  every three to four years.

                  To meet federal requirements, the three management measures for dams will
                  be implemented through amendments to the Rhode Island Coastal
                  Management Program (RICRMP), the Rhode Island Department of
                  Environmental Management, Division. of.Freshwater Wetlands Rules and
                  Regulations Governing the Administration of the Freshwater Wetlands Act
                  and the Rhode Island Department of Environmental Management, Division
                  of Water Resources Water Quality Regulations and Water Quality
                  Certification Program.


                  Strearnbank and Shoreline Erosion

                  Rhode Island's shoreline has a diverse range of geologic features ranging
                  from rocky shores, cliffs, and bluffs, to sandy beaches and wetlands. The
                  State's 401 miles of shoreline abutting coastal waters also consists of
                  manmade shorelines in many of the older, urbanized communities. Many of
                  the manmade shorelines were constructed to prevent continued erosion or to
                  serve as storm protection.

                  In Rhode Island, most of the significant shoreline erosion takes place as a
                  result severe storm events or the natural erosional processes which impact
                  barrier beaches. The critical erosion areas for all of the State's coastal waters
                  have been mapped. These maps are contained in the Rhode Island Coastal
                  Resources Management Program (RICRMP). In the critical erosion areas,
                  greater setback limits apply.

                  Human alterations can also impact the natural erosional processes. For
                  example, the construction of strUCtUral shoreline protection facilities can
                  often increase the natural erosional process by making the shoreline more
                  reflective. Accordingly, the Coastal Resources Management Council (CRMC)
                  maintains strict regulations which govern alterations to shorelines and the
                  installation of structural shoreline protection facilities. It should be noted
                  that the Council favors the installation of nonstructural methods to
                  structural methods. In addition there are strict prohibitions on where


                                                         -8.9-






                  17hapter 8


                  structural shoreline protection Ficilities may be placed. For example, the
                  CRMC prohibits the installation of shoreline protection facilities on all
                  shorelines adjacent to Type 1 waters.

                  The Rhode Island Department of Environmental Management, Division of
                  Freshwater Wetlands also has strict Rules and Regulations governing the
                  alterations to streambanks and shoreline areas abutting freshwater.

                  Magnitude of Streambank and Shoreline Erosion Problems

                  The erosion of shorelines and streambanks is a natural process that can have
                  either beneficial or adverse impacts on the creation and maintenance of
                  riparian habitat. Nonpoint pollution problems which can result in
                  excessively high sediment loads can smother submerged aquatic vegetation,
                  cover shellfish beds and tidal flats, fill in riffle pools, and contribute to
                  increased levels of turbidity and nutrients. However, there are few research
                  results which can be used to identify the levels below which streambank and
                  shoreline erosion is beneficial and above which it is a nonpoint related
                  problem.

                  To safe-guard against potential nonpoint problems, and to meet federal
                  requirements, the management measure addressing streambank and
                  shoreline erosion will be implemented through amendments to the Rhode
                  Island Coastal Management Program (RICRMP), the Rhode Island
                  Department of Environmental Management, Division of Freshwater
                  Wetlands Rules and Regulations Governing the Administration of the Fresh
                  Water Wetlands Act, and the Rhode Island Department of Environmental
                  Management, Division of Water Resources Water Quality Regulations and
                  Water Quality Certification Program.


                  Regulati,on of Hydrornodifications in Rhode Island

                  In Rhode Island there are three regulatory programs which currently
                  implement the six hydromodifications management measures throughout
                  the state. The Freshwater Wetlands Program is administered by the Rhode
                  Island Department of Environmental Management, Division of Freshwater
                  Wetlands and regulates all alterations to freshwater wetlands statewide under
                  the authority of the Fresh Water Wetlands Act (R.I.G.L. 2-1-18, et seq.), and in
                  accordance with the Rules and Regulations Governing the Administration
                  and Enforcement   of the Fresh Water Wetlands Act (Appendix B). This
                  program already implements the hydromodifications management measures
                  inland of the Coastal Resources Management Council's (CRMC's)
                  jurisdiction. The CRMC implements the hydromodifications measures






                     STi'07L.". 8


                     within its permit jurisdiction in accordance with the. Rhode Island Coastal
                     Resources Management Program (RICRMP) (Appendix E). The RIDEM
                     Division of Water Resources Water Quality Certification Program evaluates
                     hydromodification projects to determine compliance with the Rhode Island
                     Water Quality Regulations and therefore the Rhode Island water quality
                     standards.


                     These programs are described more fully in Chapter 2. Background
                     information relevant to the implementation of these management measures
                     is provided in Chapter 2.

                     Unresolved Issues

                     Several issues remain unresolved between the Rhode Island Department         of
                     Environmental Management (RIDEM) and the Coastal          Resources
                     Management Council (CRMC). These issues primarily revolve around the
                     inconsistencies between the CRMC's programs and the RIDEM's Water
                     Quality Regulations. In most cases, these inconsistencies do not prevent full
                     implementation of the 6217 management measures. Nonetheless, the State
                     would be best served by resolution of inconsistencies. To that end, both
                     agencies are working toward the resolution of these issues evident by
                     meetings between the two agencies, including the CRMC/RIDEM Water
                     Quality Work Group formed in February 1994. This group was formed to
                     work out problems that have risen between the CRMC's programs and the
                     RIDEM Water Quality Certification Program.

                     To further this effort, the Narragansett Bay Project has devoted considerable
                     effort to identifying regulatory inconsistencies between the two agencies.
                     These efforts have included identifying specific areas where CRMC water
                     types conflict with RIDEM water classifications; identification of
                     inconsistencies in regulatory definitions; and identification of inconsistencies
                     in p'olicies and regulations. In particular, efforts on the part of the
                     Narragansett Bay Project have allowed the CRMC and Division of Water
                     Resources to fOCLI S on actual, rather than merely perceived, inconsistencies.

                     In a related effort to resolve past programmatic inconsistencies, the CRMC
                     has been working with the Division of Water Resources as the existing water
                     quality regulations are revised and has supported the adoption of an
                     independent regulatory "Water Quality Permit". The CRMC will continue to
                     work with the Division of Water Resources to ensure that revised regulations
                     successfully address programmatic inconsistencies to the maximum extent
                     possible. Where inconsistencies cannot be resolved through the revised
                     regulations due to conflicting agency mandates, the CRMC and the Division
                     of Water Resources will continue to work together to minimize conflicts.






                K-'hapter 8


                 Physical and Chemical Characteristics of Surface Waters



                                Physical and chemical characteristics of surface
                                                   waters
                             1) Evaluate the potential effects of proposed
                                channelization and channel modification on the
                                physical and chemical characteristics of surface
                                waters in coastal areas;
                             2) Plan and design channelization and channel
                                modification to reduce undesirable impacts; and,
                             3) Develop an operation and maintenance program
                                for existing modified channels that includes
                                identification and implementation of
                                opportunities to improve physical and chemical
                                characteristics of surface waters in those
                                channels.




                 Applicability

                 This management measure applies to all public and private channelization
                 and channel modification activities in order to prevent the degradation of
                 physical and chemical characteristics of surface waters from such activities.


                 Programs Implementing the Meas        ure

                 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;
                         and,
                       * RIDEM, Division of Water ReSOLirces Water Quality Regulations and
                         Water Quality Certification Program.

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






                                                       -8-12-






                     I "tivi 8


                   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.

                   linplementation of the Measure
                   The Physical and Chemical Characteristics of Surface Waters 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 8A). The requirements of this
                   section apply to -all public and private channelization projects within CRMC
                   jurisdiction. There are several important ways that this measure will be
                   implemented.

                          1. Proposed amendments to Section 300.9 Dredging

                   Dredging activities are classified as either maintenance or improvement
                   dredging. Improvement dredging is prohibited in Type I and 2 waters.
                   Maintenance dredging is permitted in Type 2 waters. These activities must be
                   conducted in accordance with the standards contained in Section 300.9.F.
                   While the existing requirements implement the management measure, the
                   Council is proposing the following amendments to further strengthen the
                   implementation of the measure. The amendments include the following
                   nexv policy:

                          "5. Channelization and channel modification activities shall be
                             planned and designed in a manner which does not cause significant
                             adverse impacts to the physical and chemical characteristics of
                             surface waters in coastal areas kProposed RICRMP Section
                             300-9.B.5)."

                   The Council also proposes to add the following additional Category "B"
                   requirement to Section 300.9:

                          7. Proposed chartnelization and channel modification activities shall
                             develop an operation and maintenance program that includes the
                             identification and implementation of opportunities to improve the
                             physical and chemical characteristics of surface waters in those.
                             channels (Proposed RICRMP Section 300.9.E.7)."



                                                           -8-13-







                 Chapter 8


                 Finally, the CRMC proposes to add the following new standard:

                       "(e) Applicants shall demonstrate that the proposed dredging or
                          channelization activity is planned and designed in a manner that
                          does not lead to significant adverse impacts to the physical and
                          chemical characteristics of surface waters in coastal areas LProposed
                          RICRMP Section 300.91.1.e)." .

                      -2. Additional Category "B" Requirements contained in Section 300.1

                 All improvement dredging is reviewed as a Category "B" activity.
                 Accordingly, these activities must satisfy the requirements specified in
                 RICRMP Section 300-1. Requirements relevant to these activities include:

                       "(4) Demonstrate the alteration or activity will not result in significant
                          impacts on erosion and/or deposition processes along the shore and
                          in tidal waters;

                       (5) Demonstrate the alteration or activity 'Will not result in significant
                          impacts on the abundance and diversity of plant and animal life; ...

                       (7) Demonstrate the alteration or activity will not result in significant
                          impacts to water circulation, flushing, turbidity, and sedimentation;

                       (8) Demonstrate that there will be no significant deterioration in the
                          quality of the water in the immediate vicinity as defined by DEM; . .
                           (RICRMP Section 300.1)"

                 Management Measitre Oversiglit
                 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 will enforce the measure's implementation using 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



                                                      -8.14-






                  [Nii Up- V--,. 8


                  uses to patrol areas on the wn, ter. In addition, RIDEM Conservation Officers
                  often report violations as do local officials, the general public, and
                  environmental groups such as Save-the-Bay. For a more detailed description
                  of the CRMC's enforcement program, see Chapter 2.

                  The "trigger" for a CRMC enforcement action is the detection of AU violation
                  of a CRMC Assent or ofthe Rhode Island Coastal Resources Management
                  Program (RICRMP), and is therefore not dependent upon the detection of a
                  water quality violation. CRMC permit staff are in the field (in assigned
                  coastal towns) daily. Enforcement staff is dedicated full-time to identifying
                  and following up on reported violations statewide. When unauthorized
                  activity is detected, any CRMC staff member, including Council members,
                  may immediately issue a cease and desist order.

                  While registering violations on the property title has proven to be a very
                  effective mechanism for ensuring the resolution of violations, including the
                  failure to implement required permit conditions (e.g., management
                  measures), the same remedies for addressing violations apply to all detected
                  violations of the RICRMP. These mechanisms are particularly important
                  since not all violations are associated with private property and enforcement
                  based on property transfer is not effective in cases where there is no transfer
                  of property. The Council may issue cease and desist orders and fines when
                  violations are detected. The violator is afforded an administrative hearing
                  where most violations are resolved through the signing of a consent order.
                  This document obligates the violator to rectify the violation in accordance
                  with conditions contained in the consent order. Frequently, an
                  administrative fee is assessed for the violation. Where a consent order
                  cannot be reached or is not adhered to, the CRMC can pursue adjudicatory
                  remedy through state superior court. CRMC prosecutes violatofs in
                  accordance with R.I.G.L. (46-23-7.3 and the Administrative Procedures Act)
                  when all administrative remedies have been exhausted.


                  Monitoring
                  The CRMC will monitor the 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 ate 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.



                                                        -8-15-







                         8                                                           MIM



                 Financial Needs
                 Implementation of this measure creates two financial needs. First, the new
                 requirements may increase 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 measure requires
                 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 Hydromodifications measures more effectively.

                 Technical Needs
                 The state already has an excellent Soil Erosion and Sediment Control Manual
                 (Appendix L) and recently adopted the Rhode Island Stortnwater 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 would be of benefit.

                 Oterall 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 of or alterations to channels have gone undetected since 1986-
                 1987 when the Council hired on its own technical staff. Accordingly, 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




                                                        -8-16-






                   r7hapter 8


                   This management measure will also be implemented by the Rhode ISIdnd
                   Department of Environmental Management's (RIDEM), Division of
                   Freshwater Wetlands pursuant to R.I.G.L. 2-1-18 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 Fresh Water Wetlands Act
                   (Appendix B) The Rhode Island Freshwater Wetlands Program is a
                   regulatory permitting program authorized by the Freshwater Wetlands 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 M  hnagement Measures.

                   Implementation of the Measure
                   The Physical and Chemical Characteristics of Surface Waters 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, et seq.))
                   and the Rules and Regulations Governing the Administration and
                   Enforcement of the Freshwater Wetlands Act (Appendix B). It regula tes all
                   projects that may alter freshwater wetlands. It also regulates any project
                   outside of, but in close proximity to a freshwater wetland,_ 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.


                   The Rules and Regulations Governing the Administration and Enforcement
                   of the Freshwater Wethinds Act (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). Freshwater Wetlands include,
                   but are not limited to, swamps, marshes, bogs, streams, flood plains, river and
                   stream flood plains and banks, 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)).

                   The Freshwater Wetlands Regulations pertain to any projects that may alter
                   freshwater wetlands. An alteration includes any activity that impacts the
                   natural charater, functions and/or values of freshwater wetlands. There is no,
                   threshold placed on geographic proximity. Additionally, the definition of a
                   freshwater wetland is-broad enough to encompass created wetlands, such as
                   those created during a channelization project, provided that such wetlands
                   were created after July 16, 1971. This is further described in the definition of
                   freshwater wetlands contained in Rule 5.39 of the Regulations.







                                                                                         b7omodifi io
                  r,'"hapter 8                                                                     cat' ils



                  In cases where an alteration to a freshwater wetland may have impacts
                  downstream in coastal waters, both the CRMC and RIDEM can exert
                  jurisdiction. Again, the Division of Freshwater Wetlands regulates =                        I
                  project that may alter freshwater wetlands. In additon, the CRMC has the
                  authority to regulate any activity that has the potential to impact coastal
                  resources.


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

                  The Freshwater Wetlands Act establishes the statutory authority for the
                  enforcement of Rhode Island's freshwater wetland policies. The Act defines
                  freshwater wetlands broadly to include: marshes; swamps; bogs; ponds;
                  rivers; river and stream flood plains and banks; areas subject to flooding or
                  stormwater flowage; emergent and submergent plant communities in any
                  body of fresh water including rivers and streams and that area of land within
                  fifty feet of the edge of any bog, marsh, swamp, or pond. The Act authorizes
                  the Director of the Rhode Island. Department of @ Environmental Management
                  to:

                         1. Adopt, modify, repeal or promulgate rules and regulations in
                            accordance with the Freshwater 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 also necessitates 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. Upholding
                  the Freshwater Wetlands Act, the Rhode Island Department of
                  Environmental Management, Division of Freshwater Wetlands has
                  promulgated the Rides and 1@egidations Coverning the Enforcement and
                  Administration of the Freshuyater Wetlands Act, which establish a permit
                  process. This process complies f Lilly with the management -measure.

                         2. Rules and Regidations Goveming the Enforcement and
                            Administration of the Freshwater Wetlands Act

                  In accordance with Section 2-1-21 of the Freshwater Wetlands Act, a permit
                  will be denied if the proposed project would result in a random, unnecessary


                                                           -8.18-






                   1@_'hapter 8


                   or undesiiable 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 drawings, the final
                          developed use of the property upon which an application is predicated;
                          or any alteration proposed which is arbitrary or without justification
                          (SD 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 poss    'ible, mitigated for any damaging
                          effects of the proposed project upon the functions and values provided
                          by any freshwater wetlands (SD 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 (SD 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. Appendix 3(A) of the Rules contains a series of
                   issues applicants are required to consider in the written evaluation of impact
                   avoidance. If impacts can not be avoided, applicants must demonstrate that
                   there are no alternatives to the proposed alteration and that any probable
                   impacts to wetland functions and values have been reduced to the maximum
                   extent possible. Appendix 3(B) of the Rules contains a series of issues
                   applicants are required to consider in the written evaluation of impact
                   minimization (SD 10.01).

                   The written evaluation must     include an assessment of impacts to freshwater
                   wetlands in terms of specific   wetland functions and values. These include:


                                                             -8.19-






                   K_'Iiapter 8


                   wildlife and wildlife habitat; nw-reation andi -esthetics; flood protection;
                   groundwater and surface water supplies; water quality; and, soil erosion and
                   sediment control. Of particular importance for this management measure, is
                   the water quality category of wetland functions and values, since it identifies
                   nonpoint source abatement as an important wetland function. The written
                   evaluation for Applications to Alter must also include an identification and
                   description of proposed measures to reduce unavoidable impacts associated
                   with these wetland function and values, and with soil erosion. With
                   particular reference to this measure, the evaluation must identify and
                   describe:

                         e  The physical, chemical and biological impacts, both short- and long-
                            term, to the wildlife habitat associated with the wetland from the
                            proposed project. (SD 10-03-C-4)
                         *  All project components that may decrease the wetland's flood storage
                            capacity, decr'ease 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 (SD 10.03.E.3).
                         *  Identify and describe the wetland's functions and values related to
                            water quality (SD 10.03-G.2).
                         *  Identify and describe 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).

                   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 functioiis and values, and minimize unavoidable impacts.

                   The written evaluation of wetland functions, values and impacts is reviewed
                   in accordance with 26 specific criteria contained in Rule 11.02. With reference
                   to the implementation of this management measure, the Director must be
                   satisfied that the proposed project will not result in:

                         1. Significant reduction in the overall wildlife production and/or
                            diversity of a wetland.


                                                              -8.20-








                    FEW                                                                     uIllodifications


                        i2. Any reduction in water quali-ty 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.
                        25. Non-compliance with the Rhode Island Department of
                           Environmental Management Water Quality Regulations for Water
                           Pollution Control.
                        26. Any detrimental modification of the wetland's ability to retain and/or
                           remove nutrients or act as a natural pollution filter.

                    Management Measitre Oversight
                    Oversight of this regulatory program is the responsibility of the RIDEM,
                    Division of Freshwater Wetlands.


                    Enforcement
                    The Freshwater Wetlands Regulations are enforced pursuant to the statutory
                    .authority granted in the Fresh Water Wetlands Act (R.I.G.L. 2-1-20.1). To
                    ensure that all Fresh Water Wetlands Act and Regulations policies are
                    adhered to, the Director has the power to undertake enforcement actions.
                    Section 2-1-23 of the Rhode Island General Laws states that, in the event of a
                    violation of Section 2-1-21 (Approval of the director), the Director of the
                    Department of Environmental Management may order restoration. If the
                    violator does not restore the wetland within a reasonable period of time, the
                    Director may effect restoration and the violator shall be held liable for the
                    incurred costs. Such a violator shall be liable for fines of $1,000 per violation
                    (R.i.G.L. 2-1-23). The Director may also issue an order cease and desist any
                    operation that violates Section 2-1-21 of the general laws or any part of the
                    Freshwater Wetlands Regulations. Any person who violates an order of the
                    Director shall be punished by a fine, of up to $500 or 30 days imprisonment or
                    both. Every person shall be deemed guilty of a separate offense for each day
                    during which the violation continues (R.I.G.L. 2-1-24). Other enforcement
                    actions authorized by the Freshwater Wetlands Act and Regulations include:
                    warnings, revocation or SLISpensioii of permit, and notice of intent to enforce.
                    Those enforcement actions are discussed in RLIle 15.00 of the Regulations.

                    Monitoring,
                    The RIDEM monitors the measure's implementation in two ways. First, the
                    RIDEM monitors the implementation of its permit requirements. For
                    example, the RIDEM's permit staff may conduct a site inspection while a
                    project. is being constructed to ensure that the applicant adheres to all
                    stipulations of a permit. The RIDEM also investigates when it receives a


                                                             -8-21-






                 K_'Iiiipter 8


                 complaint that a violation 's occurring. The RIDEM may '--!so require
                 monitoring to be conducted during the construction phase. The RIDEM also
                 has conservation officers which patrol the state for violations of its rules and
                 regulations.

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

                 Financial Needs
                 Implementation of this -measure creates possible financial needs.
                 Enforcement of the measure may require additional enforcement staff. The
                 RIDEM Division of Freshwater Wetlands currently has only 7 enforcement
                 staff. Accordingly, the RIDEM may need some additional financial resources
                 to enforce the Hydromodification 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.


                 Technigal Needs
                 The state already has an excellent Soil Erosion and Sediment Control Manual
                 (Appendix L) and recently adopted the Rhode Island Stormrvater Design and
                 Installation Standl7rds Mamial (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 would be of benefit.

                 Overall Prograin Effectiveness
                 The Freshwater Wetlands Program is fully implemented as defined in the
                 Rules and Regulations Governing   the Administration and Enforcement of
                 the Fresh Water Wetlands Act (SO  1.00-19.00). The original Rules and
                 Regulations Governing the Adivinistration and Enforcement of the Fresh
                 Water Wetlands Act- became effective in 1972. The most recent amendments
                 to the Rules and Regulations became effective as of April 7, 1994.


                 RIDEM Division of Water Resources, Water Quality Certification Program

                 This management measure A,ill 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


                                                      -8.22-.








                            8


                   Control. The Rhode Island Water Quality Cer@ification Program evaluates
                   proposed projects to determine compliance with Rhode Island's water quality
                   standards implemented under the Federal Clean Water Act.

                   Iinpleinentation 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 w 'ith 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 instrearn 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.

                   Manageinent Measure Oversight
                   Oversight of this program is the responsibility of the permitting agency as
                   we,ll as the RIDEM, Division of Water Resources.

                   Enforcgment
                   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 the RIDEM
                   Division of Water Resources in accordance with R.I.G.L. 46-12 of up to $25,000
                   per day. State agencies have the ability to require water quality certification as


                                                             -8.23-








                                                                                    it ittLA'fications
                  K-- h a p t e.r 8                                                 . -- 11 j

                  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 authority 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 Prograin E#ectiveness
                  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.


















                                                        -8.24-






                  rhapter 8


                   Instream and 'Ziparian Habitat Restoration



                                     Instream and Riparian HaNtat Restoration
                                1) Evaluate the potential effects of proposed
                                   channelization and channel modification on
                                   instream and riparian habitat in coastal areas;
                                2) Plan and design channelization and channel
                                   modification to reduce undesirable impacts; and,
                                3) Develop an operation and maintenance program
                                   with specific timetables for existing modified
                                   channels that includes identification of
                                   opportunities to restore instrearn and riparian
                                   habitat in those channels.



                   Applicability

                   This management measure applies to surface waters where channelization
                   and channel modification have altered or have the potential to alter instrearn
                   riparian habitat such that historically present fish or wildlife are adversely
                   affected.



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

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


                   Rhode Island Coastal Resources Managern     ent Program





                                                           -8.25-






                   lMiapter 8


                   Thk@ 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 Physical
                   and Chemical Characteristics of Surface Waters Management Measure.

                   Implementation of the Measures
                   The Instrearn and Riparian Habitat Restoration 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 8A). The requirements of this section apply to all public and
                   private channelization projects within CRMC jurisdiction. There are several
                   important ways that this measure will be implemented.

                          1. Proposed amendments to Section 300.9 Dredging

                   All dredging projects within CRMC jurisdiction are subject to the existing and
                   proposed requirements contained in Section 300.9; there is no minimum
                   threshold for project size which causes this section to be invoked. Dredging
                   activities are classified as either maintenance or improvement dredging.
                   Improvement dredging is prohibited in Type 1 and 2 waters. Maintenance
                   dredging is permitted in Type 2 waters. These activities must be conducted in
                   accordance with the standards contained in Section 300.9.F. While the
                   existing requirements implement the management measure, the Council is
                   proposing the following amendments to further strengthen its
                   implementation. The amendments include adding the following new
                   policies:

                          "6. Channelization and channel modification activities shall be
                             planned and designed in a manner which does not cause significant
                             adverse impacts to instrearn and riparian habitats in coastal areas
                             tProposed RICRMP Section 300-9.B.6)."

                          '7 All channelization and channel modification activities shall
                             identify appropriate best management practices which will be used
                             to protect significant instrearn and riparian habitats and mitigate .
                             adverse impacts on surface water quality JProposed RICRMP Section
                             300.9.B.7)."

                   Furthermore, the Council proposes to add the following additional Categ      ory
                   "B" requirement to Section 300.9:


                                                            -8.26-






                  1@-'hapter 8



                         "8. Proposed channelization and channel modification activities shall
                            develop an operation and maintenance program with specific
                            timetables for modified channels that includes the identification of
                            opportunities to restore instream and riparian habitat in those
                            channels (Proposed RICRMP Section 300.9.E.8)."

                   Finally, the CRMC proposes to add the following new standards:

                         "(f) Applicants shall demonstrate that the proposed dredging or
                            channelization activity.is planned and designed in a manner that
                            does not lead to significant adverse impacts to the instream and
                            riparian habitats in coastal areas JProposed RICRMP Section
                            300-91.11)."

                         "(g) All appropriate best management practices shall be employed to
                            mitigate significant impacts to surface water quality and protect
                            significant instrearn and riparian habitats kProposed RICRMP
                            Section 300.91.1.g)."

                   As decribed in the introduction to this chapter, dredging activity has been
                   minimal in Rhode Island over the past six years. Further, according to
                   RIDEM's 1992 305(b) report, hydromodification activities did not impair or
                   threaten any of Rhode Island's coastal waters. To ensure continued
                   protection from nonpoint source impacts associated with any
                   hydromodification activities, the CRMC has proposed to adopt the
                   requirements of the "Instream and Riparian Habitat Restoration"
                   management measure. These requirements would apply to any new
                   channelization or channel modification project, regardless of its size. In
                   addition, should the situation arise where water quality problems could be
                   related to existing channelization projects, the RIDEM, Division of Water
                   Resources could enforce a violation of state waterquality standards.

                         2. Addition al Category "B" Requirements

                   All improvement dredging is reviewed as a Category "B" activity and must
                   satisfy all applicable additional Category "B" requirements contained in
                   RICRMP Section 300.1. Requirements relevant to channelization and
                   channel modification activities include:


                         "(4) Demonstrate the alteration or activity will not result in significant
                            impacts on erosion and/or depositio n processes along the shore and
                            in tidal waters;




                                                         -8.27-






                   rhapter 8


                          (5) Demonstrate the alteration or activity will not result in significant
                              impacts on the abundance and diversity of plant and animal life; ...

                          (7) Demonstrate the alte  ration or activity will not result in significant
                              impacts to water circulation, flushing, turbidity, and sedimentation;

                          (8) Demonstrate that there will be no significant deterioration in the
                              quality of the water in the immediate vicinity as defined by DEM;. .
                               "(RICRMP Section 300-1).


                   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 Fresh Water 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 Physical and
                   Chemical Characteristics Of Surface Waters Management Measure@
                   Implementation of the Measitre
                   The Instrearn and Riparian Habitat Restoration Management Measure is
                   currently implemented by the RIDEM, Division of Freshwater Wetlands
                   pursuant to the Fresh Wa'ter Wetlands Act (R.I.G.L. 2-1-18, et seq.) and the
                   Rules and Regulations Govcrning the Administration and Enforcement of
                   the Fresh Water Wetlands Act (Appendix B). The Rules and Regulations
                   Governing the Administration and Enforcement of the Freshwater Wetlands
                   Act (effective April 7, 1994) applies statewide to any activities that could alter
                   the character of freshwater wetlands (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, riparian areas, 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 Freshwater Wetlands Act (R.I.G.L. 2-
                             1-19)






                                                             -8.28-






                   17hapter 8                                                         M111M I


                   Refer to the discussion addressing the Physical and Chemical Charicteristics
                   of Surface Waters Management Measure.

                         2. Rules and Regulations Governing the Enforcetnent and
                           Adininistration of the Freshwater Wetlands Act

                   In accordance with Section 2-1-21 of the Fresh Water Wetland s Act, a permit
                   will be denied if the proposed project would result in a random, unnecessary
                   or undesirable alteration of a freshwater wetland. 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 to the functions and values of a wetland have been avoided
                   to the maximum extent possible. Appendix 3(A) of the Rules contains a
                   series of issues applicants are required to consider in the written evaluation
                   of impact avoidance. If impacts can not be avoided, applicants must
                   demonstrate that there are no alternatives to the proposed alteration and that
                   any probable impacts to. wetland functions and values have been reduced to
                   the maximum extent possible. Appendix 3(B) of the Rules contains a series
                   of issues applicants are required to consider in the written evaluation of
                   impact minimization (SD 10.01).

                   The written evaluation for an Application to Alter must include an
                   assessment of impacts to freshwater wetlands in terms of specific wetland
                   functions and values (Rule 10-03). Specific to the implementation of this
                   management measure applicants must address:

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

                   The written evaluation of wetland functions, values and impacts is reviewed
                   in accordance with 26 specific criteria contained in Rule 11.02. With reference
                   to the implementation of this management measure, the Director must be
                   satisfied that the proposed 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.



                                                         -8.29-








                    25. Non-cornlAiance with'the Rhode Island Department of
                       Enviror-anental Management Water Quality Regulations for Water
                       Pollution Control.



                RIDEM Division of Water Resources, Water Quality Certification Program

                For more information on the RIDEM's Water Quality Regulations and Water
                Quality Certification Program see the program descriptions contained in
                Chapter 2. For a more detailed discussion of how these programs implement
                this management measure see the Physical and Chemical Characteristics of
                Surface Waters Management Measure.







































                                                     -8-30-







                  MIN


                  Erol-ion and Sediment Control




                                         Erosion and Sediment Control
                               1) Reduce erosion and, to the extent practicable,
                                 retain sediment onsite during and after
                                 construction, and
                               2) Prior toland 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 applie's to the construction of new dams, as well
                  as to construction activities associated with dams. Dams are defined as
                  constructed impoundments which are either:

                     (a) 25 feet or more in height and greater than 15 acre feet in capacity; or,
                     (b) 6 feet or more in height and greater than 50 acre feet in capacity.

                  This management measure does not apply to projects that fall under NPDES
                  jurisdiction.


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

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





                                                        -8-31-






                  1@_-hapter 8                                             JNNEWf@,droniodificatl()Ils


                  Rhode Island Coastal R,-@sources 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 p  'rogram's overall effectiveness see the Physical
                  and Chemical Characteristics of Surface Waters Management Measure.

                  Implementation of the Measures
                  The Erosion and Sediment Control 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 8A). The requirements of this section apply to all new dams and
                  construction activities associated with dams within CRMC jurisdiction. In
                  order to be consistent with the applicability criteria, the CRMC proposes to
                  add the following definition of "dam" to the RICRMP:

                         "3. For the purposes of this section, dams are defined as constructed
                            impoundments which are either: (a) twenty-five feet or more in
                            height and greater than fifteen acre feet in capacity; or, (b) six feet or
                            more in height and greater than fifty'acre feet in capacity (Proposed
                            RICRMP Section 310.A.3)."

                  There are several important ways that this measure will be implemented.

                         1. Proposed amendments to Section 310

                  This section of the RICRMP applies to all activities which propose to alter the
                  freshwater flow to tidal waters. While it is doubtful that many new dams will
                  be proposed for placement within the CRMC's jurisdiction, there currently
                  are several existi'ng dams. In order to ensure that this measure is fully
                  implemented within the CRMC's jurisdiction, the following changes to
                  Section 310 of the RICRMP are proposed. The CRMC proposes to add the
                  following new policy:

                         "3. Applicants proposing construction activities associated with dams
                            shall submit an erosion and sediment control plan in accordance
                            with the standards contained in Section 300.2 which demonstrates
                            that erosion shall be reduced and, to the extent practicable, sediment
                            retained onsite during and after construction. All erosion and
                            sediment control plans shall: (a) limit the application, generation,


                                                          -8.32-






                   K-liapter 8


                              and migration of toxic substances; Co) ensure the proper storage and
                              disposal of toxic materials; and, (c) demonstrate that nutrients will
                              be applied at rates necessary to establish and maintain vegetation
                              without causing significant nutrient runoff to surface waters
                              (Proposed RICRMP Section 310.B.3)."

                   This new policy would require applicants. proposing          construction activity
                   associated with dams to submit a soil erosion and sediment control plan in
                   accordance with the standards contained in the proposed amendments to
                   Section 300.2. This would result in full implementation of the "Erosion and
                   Sediment Control" management measure.for any dam. construction activity
                   within CRMC jurisdiction.

                   In addition, all of the erosion and sediment control standards contained in
                   Section 300.2 apply pursuant to RICRMP Section 31O.D.1. as well as those
                   amendments to RICRMP Section 300.2 to implement the Urban Management
                   Measures. These amendments are contained in Appendix 6A.

                          2. 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 hav 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 construc  .tion 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).


                                                             -8.33-






                'Mia p ter 8                                                      itwh I bf I ca t 10 11 S



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

                       3. Proposed amendments to RICRMP Section 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 andimplement an erosion'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 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 Stormwater
                         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


                                                      -8-34-






                  Chapter 8                                                      Moe


                  imposed on an    ssent may include requirements other than those specifically
                  mentioned in the regulations (i.e., specific maintenance requirements for a
                  particular project).

                        4. Rhode Island Soil Erosion and Sediment Control Manual


                  The Rhode Island Soi I 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), 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.

                        5. Rhode Island -Storinwater Design,and Installation Standards Manual

                  The Rhode Island Stormzvater 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.

                        6. Other RICRMP requirements related to site development

                  There are other RICRMP requirements which also address this management
                  measure. Some of these policies and prohibitions are linked to the policies
                  governing water types (Section 200), and coastal features (Section 210).
                  Examples include:

                        ï¿½ Matrices Contained in RICRMP Table 1 as they pertain to specified
                          activities, water types, and coastal features;

                        ï¿½ Additional Category B requirements specified in Section 300.1 and
                          other sections of the RICRMP;

                        ï¿½ CRMC's buffer zone policies and standards contained in Section 150
                          whic h recognize the erosion and control value of buffer zones and
                          require that riparian areas remain in all undisturbed state.

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




                                                        -8-35-








                       8


                RIDEM Division of Freshwater Wetl.lnds 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 Fresh Water Wetlands Act
                (Appendix B). It is also implemented by a subsection of the Division of
                Freshwater Wetlands, the Dam Safety Program, pursuant to R.I.G.L. 46-19.
                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. F-or more
                information on this management measure's oversight and overall
                effectiveness of the program see the discussion contained in the Physical and
                Chemical Characteristics of Surface Waters Management Measure.

                Implementation of the Measure

                      1. Inspection of Dams and Reservoirs Act

                The Inspection of Dams and Reservoirs Act delegates authority over the
                construction of new dams, and alterations and maintenance of existing dams
                to the Department of Environmental Management (R.I.G.L. 46-19). No dam
                may be constructed or Substantially altered until plans and specifications of
                the proposed work have been file and approved by the director (R.I.G.L. 46-19-
                3). In addition, if any maintenance activity impacts the natural character,
                functions and/or values (as defined in Rule 10.02 or evaluated in Rule 10.03)
                of a freshwater wetland, then a permit for the activity must be obtained.
                Accordingly, dams are SUbject to the Rule,-; and Regulations Governing the
                Administration and Enforcement of the Fresh Water Wetlands Act
                (Appendix B)

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

                The Erosion and Sediment 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 Fresh Water Wetlands Act . 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).




                                                   -8-36-






                    r,2hapter 8


                    In accordance wi  th Secti.-)n 2-1-21 of the Fresh Water WeJands 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).

                    For Applications to Alter, 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 element which requires applicants to:

                           "identify and describe 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, the written 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:

                           6) Using best management practices for the 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 version of the Rliode Island Soil Erosion and Sediment
                             Control Handl7ook.


                           7) Using best management practice selection and design criteria      in
                             accordance with or equivalent to the Rliode Island Stormwater
                             Design and Installation Manual.


                                                              -8-37-






                 K@Iiapter 8                                                      r olnod If Ica t loll S



                       3. Rhode Island Soil Erosion and Sediment Control Manual

                 The Rhode Island Soil Erosion and Sediment Control Manual (Appendix L)
                 contains more detailed descriptions of 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 StornlWater Design and Installation Standards Manual

                 The Rhode Island Storm7oatcr Design and Installation Standards Manual
                 (Appendix K), contains more detailed descriptions of best management
                 practices. The document is intended to guide applicants in designing projects
                 which avoid, eliminate and minimize stormwater impacts on the functions
                 and values of wetlands. This manual should be viewed as supplemental
                 requirements which should be incorporated, as needed, into all stormwa'ter
                 management plans.


                 RIDEM Division of Water Resources, Water Quality Certification Program

                 According to the State's 1992 305(b) report, impacts from dams do not impair
                 or threaten a" of Rhode Island's waters. However, should the situation
                 ari'se where water quality problems could be related to existing dams, the
                 RIDEM, Division of Water Resources could enforce a violation of state water
                 quality standards.

                 For more information on the RIDEM's Water Quality Regulations and Water
                 Quality Certification Program see the program descriptions contained in
                 Chapter 2. For a more detailed discussion of how these programs implement
                 this management measure see the Physical and Chemical Characteristics of
                 Surface Waters Management Measure..
















                                                      -8-38-






                  Chapter 8


                  Chemical and Pollutant Control




                                        Cliemical and Pollutant 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 the construction of new dams, as well
                  as to construction activities associated with dams. Dams are defined as
                  constructed impoundments which are either:

                     (a) 25 feet or more in height and greater than 15 acre feet in capacity; or,
                     (b) 6 feet or more in height and greater than 50 acre feet in capacity.

                  This management measure does not apply to projects that fall under NPDES
                  jurisdiction.


                  Programs Implementing the Measure

                  This management measure is or will be implemented by three programs:

                        ï¿½ Rhode Island Coastal Resources Management Program;
                        ï¿½ RIDEM, Division of Freshwater Wetlands Rules and Regulations;
                         and,
                        ï¿½ RIDEM, Division of Water Resources Water Quality Regulations and
                         Water Quality Certification Program.

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






                                                       -8.39-







                   '@Lhapter 8                                                  @@ftviyonioditicatiolis


                                                               Yeiheift Program
                   Rhode Island C-mstal Resources MAnat

                   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 Physical
                   and Chemical Characteristics of Surface Waters Management Measure.

                   Implementation of the Measures
                   The Chemical and Pollutant Control 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 8A). The requirements of this section apply to all new dams and
                   construction activities associated with dams within CRMC jurisdiction. In
                   order to be consistent with the applicability criteria, the CRMC proposes to
                   add the following definition of "dam" to the RICRMP:

                           "3. For the purposes of this section, dams are defined as constructed
                              impoundments which are either: (a) twenty-five feet or more in
                              height and greater than fifteen acre feet in capacity; or, (b) six feet or
                              more in height and greater than fifty acre feet in capacity (Proposed
                              RICRMP Section 310-A-3)."

                   There are several important ways that this measure will be implemented.

                           1. Proposed Amendments to Section 310

                   Refer to discussion of CRMC implementation of this measure contained in
                   the Erosion and Sediment Control Management Measure for Dams.

                           2. Proposed amendments to RICRMP Section 300.2

                   Proposed 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
                   include 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


                                                                8.40 -







                  Chapter 8


                        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.l(m)).

                  It is also important to note 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 Se'diment Control Manual

                  Refer to discussion of CRMC implementation contained in the Erosion and
                  Sediment Control Management Measure for Dams.

                        4. Rhode Island StormuYater Design and Installation Standards Manual

                  Refer to discussion of CRMC im plementation contained in the Erosion and
                  Sediment Control Management Measure for Dams.

                        5. Other RICRMP requirements related to construction and chemical
                        control


                  Refer to discussion of CRMC implementation contained in the Erosion and
                  Sediment Control Management Measure    for Dams.


                  RIDEM Division of Freshwater Wetlands Rules and Regulations

                  Implementation of the Measure
                  The Chemical and Pollutant 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 Fresh Water Wetlands Act (Appendix B). The Rules (effective April 7,
                  1994) apply statewide to any activities that could alter the character of
                  freshwater wetlands (R.I.G.L. 2-1-21 and SD 4.03).

                  In accordance with RLIle 10.03 applicants Submitting an Application to Alter a
                  freshwater wetland must provide a written evaluation of wetland functions,
                  values and impacts and describe all structural and/or nonstructural best


                                                       -8.41-



                 MrLV1 8                                                                    lra@ I

                  manageMET"'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 evaluation). 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. Specifically, applicants must
                  provide a water quality analysis which:

                      ï¿½ calculates the quantities of pollutants in stormwater runoff for both
                        pre- and post-project conditions (Rule 10-03.G.3)

                      - calculates the pollutant concentrations or loadings from land uses or
                        pollutant sources other than stormwater run-off, including but not
                        limited to, fertilizers, herbicides, pesticides, or any other chemical or
                        organic matter for both pre- and post-project conditions (Rule
                        10-03.G.3).

                      ï¿½ identifies and describes all proposed potential impacts to water quality
                        (Rule 10.03.G.4).

                  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 anv other chemical or organic application which increases
                  pollutant and nutrient loadings.


                  RIDEM Division of Water Resources, Water Quality Certification Program

                  For more, information on the RIDEM's Water Quality Regulations and Water
                  Quality Certification Program see the program descriptions contained in
                  Chapter 2. For a more detailed discussion of how these programs implement
                  this management measure see the Physical and Chemical Characteristics of
                  Surface Waters Management Measure.







                                                        -8.42-






                                                                                Hydromodifications
                  Surface Water Quality and I Instream Riparian Habitat


                                  Surface Water Quality and Instream Ril7arian
                                                I    Habitat
                               Develop and implement a program to manage the
                               operation of dams in coastal areas that includes an
                               assessment of:
                               1) Surface water quality and instream riparian
                                 habitat and potential for improvement; andf
                               2) Significant nonpoint source pollution problems
                                 that result from excessive surface water
                                 withdrawals.




                  Applicability

                  This management measure applies to dam operations that result in the loss
                  of desirable surface water quality, and of desirable instrearn and riparian
                  habitat. Dams are defined as constructed impoundments which are either:

                     (a) 25 feet or more in height and greater than 15 acre feet in capacity; or
                     (b) 6 feet or more in height and greater than 50 acre feet in capacity.

                  This management m   easure does not apply to projects that fall under NPDES
                  jurisdiction.


                  Programs Implementing the Measure

                  This management meaSUre.is or will be implemented by three programs:
                         - Rhode Island Coastal Resources Management Program;
                         9 RIDEM, Division of Freshwater Wetlands Rules and Regulations;
                          and,
                         *RIDEM, Division of Water Resources Water Quality Regulations and
                          Water Quality Certification Program.

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




                                                        -8.43-






                  Chapter 8


                  Rhode Island Coastal Resources Management Progra-n.

                  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 Physical
                  and Chemical Characteristics of Surface Waters Management Measure.

                  Implementation of the Measures
                  The Surface Water Quality and Instrearn Riparian Habitat 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 8A). The requirements of this
                  section apply to all new dams and construction activities associated with
                  dams within CRMC jurisdiction. In order to be consistent with the
                  applicability criteria, the CRMC proposes to add the following definition of
                  "dam" to the RICRMP:


                        "3. For the purposes of this section, dams are defined as constructed
                            impoundments which are either: (a) twenty-five feet or more'in
                            height and greater than fifteen acre feet in capacity; or, (b) six'feet or
                            more in height and greater than fifty acre feet in capacity (Proposed
                            RICRMP Section 310.A.3)."

                  There are several important ways that this measure will be implemented.

                        1. Proposed amendments to RICRMP Section 310

                  This section of the RICRMP applies to all activities which propose to alter the
                  freshwater flow to tidal waters. While it is doubtful that many new dams will
                  be proposed for placement within the CRMC's jurisdiction, there currently
                  are several existing dams. In order to ensure that this measure is fully
                  implemented within the CRMC's jurisdiction, the following changes to
                  Section 310 of the RICRMP are proposed. The CRMC proposes to add the
                  fol lowing new policy:

                        "I. The Council recognizes that alterations to the volume of fresh
                            water discharged to estuarine water bodies can have a significant
                            effect on the species and abundance of organisms present in the
                            estuary and may also cause changes to sedimentation, erosion
                            patterns, and flooding. Applicants proposing to alter the volume of


                                                         -8.44-






                     K-'hapter 8


                                freshwater discharged to estuarine bodies shall evaluate the im,-'Icts
                                of the proposed project and minimize any adverse impacts on
                                surface water quality and instrearn habitats (Proposed RICRMP
                                Section 310.B.1)."

                     The Council also proposes to add      the following new standards:

                            "6. Applicants proposing to construct new dams or improve existing
                                dams shall demonstrate that appropriate practices will be used to
                                mitigate impacts associated with nonpoint source pollution
                                problems resulting from excessive water withdrawals (Proposed
                                RICRMP Section 310.D.7)."

                            7.   Applicants proposing to construct new dams or improve existing
                                dams shall demonstrate that appropriate practices will be used to
                                mitig iate impacts to surface water quality and instrearn riparian
                                habitat (Proposed RICRMP Section 310.D.7)."

                            2.  Proposed Additional Category "B" Requirements

                     All new dams will be reviewed as a Category "B" activity and must meet all
                     applicable additional Category "B" requirements specified in RICRMP Section
                     30.0.1. Requirements relevant to the construction of dams include:

                            "(4) Demonstrate the alteration or activity will not result in significant
                                impacts on erosion and/or deposition processes along the shore and
                                in tidal waters;

                            (5) Demonstrate the alteration or activity will not result in*significant
                                impacts on the abLindance and diversity of plant and animal life; ...

                            (7) Demonstrate the alteration or activity will not result in significant
                                impacts to water circulation, flushing, turbidity, and sedimentation;

                            (8) Demonstrate that there will be no significant deterioration in the
                                quality of the water in the immediate vicinity as defined by DEM; . .
                                 (RIdRMP Section 300-1)"


                     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. se.q., 42-17.6-


                                                                -8.45-






                  Chapter 8


                  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 Fresh Water 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 Physical and
                  Chemical Characteristics of Surface Waters Management Measure.

                  Implementation of the Measure
                  The Surface Water Quality and Instrearn Riparian Habitat 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, et seq.))
                  and the Rules and Regulations Governing@ the Administration and
                  Enforcement of the FresllWilter Wetlands Act (Appendix B).

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

                  See discussion contained in the Physical and Chemical Characteristics of
                  'Surface Waters Management Measure

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

                  For a general description of the Rules and Regulations Governing the
                  Enforcement and Administration of the Fresh Water Wetlands Act and their
                  implementation, see the discussion contained in the Physical and Chemical
                  Characteristics of Surface Waters Management Measure.

                  Rule 10.03 of the Rules and Regulations specifically requires applicants
                  submitting an Application to Alter to:

                      * identify and describe all proposed project components that may directly
                         or indirectly divert, reduce or contain Surface and/or groundwater flow
                         Ao, away from, or within anv wetland and the impacts on the wetland's
                                                     I
                         functions and values (Rule 10.03.F.3).
                      *  identify and describe proposed water quality impacts associated with
                         increasing pollutant Sources; nutrient loading; increasing turbidity;
                         decreasing oxygen; altering temperature regimes; reducing stream or
                         river flows; altering the wetlands ability to retain or remove nutrients;
                         or by withdrawing water from or near any wetland (Rule 10.03.G.4).



                                                          -8.46-





                   MFV--%L 8

                   The writte. evaluation    wetland functions, values and impacts is reviewed
                   in accordance with 26 specific criteria contained in Rule 11-02. Applicants
                   must demonstrate that all identified impacts will be avoided and minimized
                   to the maximum extent possible. With reference to the implementation of
                   this management measure, the Director must be satisfied that the proposed
                   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.
                       25. Non-compliance with the Rhode Island Department of
                          Environmental Management Water-Quality Regulations for Water
                          Pollution Control.
                       26. Any detrimental modification of the wetland's ability to retain and/or
                          remove nutrients or act as a natural pollution filter.


                   RIDEM Division of Water Resources, Water Quality Certification Program

                   For more information on the RIDEM's Water Quality Regulations and Water
                   Quality Certification Program see the program descriptions contained in
                   Chapter 2. For, a more detailed discussion of how these programs implement
                   this management measure see the Physical and Chemical Characteristics of
                   Surface Waters Management Measure.


















                                                         -8.47-






                  K-liapter 8


                  Eroding Streambanks and LSI'--oreline Ercsion



                                      Eroding Streaml7anks   and Shorelines
                               1) Where streambank or shoreline erosion is a
                                 nonpoint source pollution problem, streambanks
                                 and shorelines should be stabilized. Vegetative
                                 methods are strongly preferred unless structural
                                 methods are more cost effective, considering the
                                 severity of wave and wind erosion, offshore
                                 bathymetry, and the potential adverse impact on
                                 other streambanks, shorelines, and offshore

                                 areas.
                               2) Protect streambank and shoreline features with
                                 the potential to reduce NPS pollution.
                               3) Protect streambanks and shorelines from erosion
                                 due to uses of either the shorelands or adjacent
                                 surface waters.




                  Applicability

                  This management measure applies to eroding shorelines in coastal bays, and
                  to eroding streambanks in coastal rivers and creeks.


                  Programs Implementing the Measure

                  This management meaSUre is or will be implemented by three programs:

                         * Rhode Island Coastal Resources Management Program;
                         9 RIDEM, Division of Freshwater Wetlands Rules and Regulations;
                          and,
                         9 RIDEM, Division of Water Resources Water Quality Regulations and
                          Water Quality Certification Program.

                  These programs and how they implement or will implement the
                  management measure are described in more detail below. In addition, it is
                  important to note that natural erosion in coastal bays, rivers and creeks (i.e.,
                  erosion that is not associated with any land disturbance activity) has not been
                  ide ntified as a nonpoint problem in Rhode Island which generally has sandy



                                                         -8.48-









                   beaches and rocky shorelines. No clay soils exist in the State. Saud. has never.
                   been determined to be a nonpoint pollution problem in coastal waters and in
                   areas with rocky shores, clearly no nonpoint problems associated with
                   eroding shorelines have been or are expected to be detected.

                   In spite of the fact that eroding shorelines do not present a nonpoint source
                   problem in Rhode Island's coastal waters, the CRMC has taken steps to ensure
                   erosion and its impacts due to land and water uses are minimized (see
                   discussion in Chapter 6 and Chapter 7 related to requirements for erosion and
                   sediment control). Policies which favor nonstructural methods of shoreline
                   protection and which require the implementation of vegetative buffers
                   ensure that eroding coastal areas and associated habitats are protected and, in
                   some cases, restored. these measures are designed primarily to protect
                   property while preventing further erosion,.

                   Should erosion of a shoreline area be identified as a nonpoint pollution
                   problem, the RIDEM could enforce the State's water quality standards and
                   require remediation. Shorelines and streambanks contributing to nonpoint
                   source pollution can be identified through the State's nonpoint source
                   assessment program conducted in accordance with the requirements of
                   Section 305(b) of the CWA. These efforts may be augmented by data generated
                   by volunteer monitoring groups.


                   Rhode Island Coastal Resources Management Program

                   This management measure will be implemented by theRhode 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 Managenient 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 Physical
                   and Chemical Characteristics of Surface Waters Management Measure.

                   Implementation of the Measures
                   The Eroding Streambanks and Shoreline Erosion 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 8A). The requirements described below apply to all shoreline areas
                   adjacent to coastal waters (e.g., within CRMC jurisdiction). There are several
                   important ways that this measure will be implemented.

                          1. Policies for Water Types and Coastal Features (See Table 1 Matrices)


                                                            -8.49-








                          8




                  The matrices contained in Table 1 of the RICRMP summarize where
                  structural shoreline protection is and is not allowed. For example, structural
                  shoreline protection is prohibited on all beaches and barrier beaches and on
                  any coastal feature adjacent to Type 1 waters. Structural shoreline protection
                  is also prohibited in Type 1 waters.

                        2. RICRMP Section 300.7 Construction of Structural Shoreline
                           Protection Facilities


                  Section 300.7 of the RICRMP contains many of the Council's detailed policies
                  and standards with respect to constructing structural shoreline protection
                  facilities. The Council does favor non-structural methods for controlling
                  erosion over structural forms (RICRMP Sections 300.7.B.1 and 300.7.E.1). In
                  addition, applicants for structural shoreline protection facilities must:

                        "(a) demonstrate that the proposed structure has a reasonable
                        probability of controlling the erosion problem; (b) demonstrate that the
                        proposed structure is not likely to increase erosion in adjacent areas; (c)
                        demonstrate that the proposed structure is an appropriate solution to
                        the erosion problem ... ; (d) describe the long-term maintenance
                        program for the proposed facility ... ; and, (e) ... be designed by a
                        professional engineer (RICRMP Section 300.7.E.2)."

                  Accordingly, the Council's existing policies governing structural shoreline
                  protection adequately implement the management measure. It should be
                  noted that pursuant to a Project of Special Merit funded under Section 309 of
                  the federal Coastal Zone Management Act, the Council is revising many of its
                  barrier beach and structural shoreline protection policies. However, none of
                  the regulation changes being developed will affect the regulations and
                  requirements as described above.

                        3. Setback requirements contained in Section 140

                  Section 140 of the RICRMP requires that setbacks be applied in areas
                  contiguous to shoreline featUres and must extend a minimum distance of
                  either fifty (50) feet from the inland edge of a coastal feature or twenty-five
                  (25) feet inland of the edge of a Coastal Buffer Zone, whichever is further.
                  Setbacks apply to:

                      1) Filling, removal, or grading, except when part of an approved
                        alteration involving a water-dependent activity or structure (Section
                        300.2);




                                                          -8.50-






                    Chapter 8


                        2) Residential buildings and garages excluding associated structures
                           (Section 110.4);
                        3) New individual sewage disposal systems, sewage treatment plants, and
                           associated sewer facilities excluding outfalls (Section 300-6). Repairs
                           and replacements of existing (permitted) individual sewage disposal
                           systems shall be exempt from the Council's setback requirements;
                        4) Industrial structures, commercial structures, and public recreation
                           I structures that are not water-dependent (Section 300-3); and
                        5) Transportation facilities that are not water-dependent (Section 300.13).

                    In addition, the setbacks in critical erosion areas are greater and equal to 30
                    times the.annual erosion rate for residential development and 60 times the
                    calculated annual erosion rate. These values are contained in Table 2 and
                    mapped on the Quad maps contained at the end of the RICRMP. It should be
                    noted that the setbacks are measured from the inland edge of the most inland
                    coastal feature.


                           4. Buffer zone policies contained in Section 150

                    The RICRMP also contains buffer     zone requirements that are an effective
                    mechanism for protecting wetlands and riparian areas. The Section 150 of the
                    RICRMP recognizes the water quality benefits, and specific nonpoint source
                    pollution control functions, associated with buffer zones. Buffer zone
                    requirements apply to all new residential structures in accordance with Table
                    2a (RICRMP Section 150.D.2), existing residential structures when a significant
                    alteration to the footprint or ISDS system is proposed (RICRMP Section
                    150.D.3), and to commercial and industrial development activities on a case-
                    by-case basis (RICRMP Section 150.D.4).

                           5. Additional Category "B" requirements

                    All new structural shoreline protection facilities are reviewed as a Category
                    "B" activity and must meet all applicable additional Category "B"
                    requirements specified in the RICRMP (e.g., Section 300-1). Requirements
                    relevant to streambank and shoreline stabilization activities, other than those
                    contained in RICRMP Section 300.7, include:

                           "(4) Demonstrate the alteration or activity will not result in significant
                               impacts on erosion and/or deposition processes along the shore and
                               in tidal waters;

                           (5) Demonstrate the alteration or activity will not result in significant
                               impacts on the abundance and diversity of plant and animal life; ...







                  Chapter 8


                        (7) 71--monstrate the alteration or activity will not result in significant
                           impacts to water circulation, flushing, turbidity, and sedimentation;

                        (8) Demonstrate that there will be no significant deteriorati on in the
                            quality of the water in the immediate vicinity as defined by
                            DEM;..."(RICRMP Section 300.1)



                  Enforcement
                  The following is a good example of how title and deed restrictions, as well as
                  liens on property, have been effective in resolving RICRMP violations of
                  shoreline protection policies. A CRMC applicant received a permit to
                  perform minor maintenance work on an existing seawall. The applicant
                  substantially exceeded the conditions of the CRMC permit, performing work
                  well beyond the permitted conditions. In 'accordance with general CRMC
                  enforcement procedures and the Administrative Procedures Act, a Cease and
                  Desist Order was issued, a hearing was held, and a fine was levied. The
                  CRMC then took steps to not only register the violation on the property's
                  title, but also to place a lien on the property for the fine amount. This
                  resulted in the applicant submitting an "As-Built" application to the Council
                  for the seawall which was subsequently denied by the Council. The applicant
                  appealled the denial decision in Superior Court, but the Court upheld the
                  CRMC's denial decision. The applicant has now complied with the Council's
                  order to restore the seawall to pre-existing, conditions and meet the conditions
                  of the original maintenance assent.

                  For more information on the monitoring and enforcement of this
                  management measure, see the discussion contained in the Physical and
                  Chemical Charateristics of Surface Waters 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 Rides and Regulations Governing the
                  Administration and Enforcenient of the Fresh Water 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



                                                         -8.52-






                    K_@Iiapter 8


                    effectiveness of the program se- the discus-sion contained in the Physical and
                    Chemical Characteristics of Surface Waters Management Measure.

                    Implementation of the Measure
                    The Eroding Streambanks and Shoreline Erosion 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, et seq.) and the
                    Rules and Regulations Governing the Administ ration and Enforcement of
                    the Fresh Water Wetlands Act (Appendix B).

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

                    See discussion contained in the Physical and Chemical Characteristics of
                    Surface- Waters Management Measure

                          2. Rules and Regulations Governing the Enforceinent and
                             Administration of the Fresh Water Wetlands Act

                    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. Applicants must
                    demonstrate in a written evaluation that all probable impacts have been
                    avoided to the maximum extent possible. (For more information on the
                    general requirements of this process, see the Physical and Chemical
                    Characteristics of Surface Waters Management Measure)

                    Applicants submitting an Application to Alter 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.. Specific to the
                    implementation of this martagement measure, applicants must:

                          "identify and describe 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).





                                                            -8-53-






                  K@hapter 8


                   The written evaluation of wetland functions, values and impacts is reviewed
                   in accordance with 26 specific criteria contained in Rule 11-02. With reference
                   to the implementation of this management measure, the Director must be
                   satisfied that the proposed project will not result in:

                         1. Significant reduction in the overall wildlife production and/or
                           diversity of a wetland.         I
                       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.
                       25. Non-compliance with the Rhode Island Department of
                           Environmental Management Water Quality Regulations for Water
                           Pollution Control.
                       26. Any detrimental modification of the wetland's ability to retain and/or
                           remove nutrients or act as a natural pollution filter.

                   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, the written 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:

                          6) Using best management practices for the 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 version of the Rhode Island Soil Erosion and Sediment
                             Control Handl7ook.


                          7) Using best management practice selection and design criteria in
                             accordance with or equivalent to the Rhode Island Stormwater
                             Design and Installation Manual.

                          3. Rhode Island Soil Erosion and Sedionent Control Manstal

                   The Rhode Island Soil Erosion and Sediment Control Manual (Appendix L)
                   contains more detailed descriptions of standards and requirements as they
                   pertain to soil erosion and sediment control practices. Many of these practices
                   directly relate to site development.



                                                             -8-54-






                  K@fiapter 8


                        4. Rhode Island Storinwater Design and Installation Standards A'@;;-Iual

                  The Rhode Island Stormzvater Design and Installation Standards Manual
                  (Appendix K), contains more detailed descriptions of best management
                  practices. The document is intended to guide applicants in designing projects
                  which avoid, eliminate and minimize stormwater impacts on the functions
                  and values of wetlands. This manual should be viewed as supplemental
                  requirements which should be incorporated, as needed, into all stormwater
                  management plans.


                  RIDEM Division of Water Resources, Water Quality Certification Program

                  For more information on the RIDEM's Water Quality Regulations and Water
                  Quality Certification Program see the prog ram descriptions contained in
                  Chapter 2. For a more detailed discussion of how these programs implement
                  this management measure see the Physical and Chemical Characteristics of
                  Surface Waters Management Measure.































                                                       -8-55-









                -Xeferences



                Coastal Resources Center. 1981.


                Coastal Resources Center. 1979.


                Coastal Resources Management Council, Rhode Island. 1990. Rhode Island
                      Coastal Resources Management Program. Wakefield, RE Coastal
                      Resources Management Council.

                Department of Environmental Management, Rhode Island. 1994. Rules and
                      Regulations Governing the Administration and Enforcement of the
                      Fresh Water Wetlands Act. Providence, RI: Department of
                      Environmental Management, Division of Freshwater Wetlands. April
                      7.

                Department of Envir onmental Management, Rhode Island. 1992.
                      Comprehensive Conservation and Management Plan for Narragansett
                      Bay. Providence, RI: Department of Environmental Management,
                      Narragansett Bay Project. December.

                Department of Environmental Management, Rhode Island. 1992. State of the
                      State's Water--; - Rhode Island: A Report to Congress. Providence, RI:
                      Department of Environmental Management, Division of Water
                      Resources. August.
                                      I                                                           I
                Department of Environmental Management, Rhode Island. 1989. Rhode
                      Island Nonpoint Source Management Plan. Providence, RI:
                      Department of Enx,ironmental Management, Office of Environmental
                      Coordination.

                Environmental Protection Agency, United States. 1994. National Water
                      Quality lnventor@ip 1992 Report to Congress. Washington, DC:
                      Environmental Protection Agency, Office of Water. March.

                Environmental Protection Agency, United States. 1993. Guidance Specifying
                      Management Measures for Sources of Nonpoint Pollution to"Coastal
                      Waters. Washington, DC: Environmental Protection Agency, Office of
                      Water. January.







                                                    -8.56-






                Appendix 8A                                 T)sed WIN I i   400161010 M WIIIR@


                                                    Appendix 8A
                           Proposed Changes to the RICRMP: Hydromodificatio'ns


                       Channelization, Dredging and Dredged Materials Disposal

                A. DEFINITIONS

                1. Dredging: the excavation of sediments from beneath tidal and coastal pond waters
                   by mechanical, explosive, or hydraulic means. Dredging includes channelization
                   or channel modification which is the excavation of borrow 12its. canals
                   underwater mining. or other practices that chanjig the deptfi, width, or location
                   of waterways or embayments in coastal areas. These activities are typically
                   undertaken for the purpose of flood control. navigation. and drainage
                   improvement. All @ha@nelization activities are stibJect to the policies. standards,
                   ana requirements of this sections as well as other appropriate standards
                   co tairied in this program.

                   Dredging is divided into two categories: (a) improvement dredging includes new
                   projects in previously un-dredged areas; and, (b) maintenance dredging includes
                   projects whose purpose is to restore channels and basins to dimensions that
                   support and maintain existing levels of use.

                2. Dredged materials disposal: the process of discharging, depositing, dumping, or
                   utilizing the sediments produced by a dredging operation.

                B. POLICIES


                1. The Council shall support necessary maintenance dredging activities in Type 2, 3,
                   4, 5, and 6 waters, provided environmentally sound disposal locations and
                   procedures are identified.

                2. The Council favors offshore open-water disposal for large volumes of dredged
                   materials, providing that environmental impacts are minimized.

                3. The Council encourages the use of innovative nearshore methods of dredged
                   materials disposal, particularly when small volumes of material must be
                   disposed. These options include creation of wetlands, shellfish habitat, and
                   beach nourishment in suitable areas.

                4. For disposal of dredged material resulting from maintenance dredging
                   operations, provided the materials in question are predominantly clean sands, a
                   Category A Review may be permitted provided the Executive Director
                   determines that the disposal of the materials shall be for beach nourishment
                   only, and the proposal meets the standards of Sections 110.1 and 300.9-F-5 of this


                                                         8A.1 -






                                                    Proposed,=1 Mol*..JW,@RMP: Hvdromods


                 program.

              5. Channelization and channel modification activities shall be planned and
                 designed-in a manner which does not cause significant adveise impacts to the
                 p4sical and chemical characteristics of surfacewaters in coastal ar@as.

              6. Channelization and channel modification activities shall be planned and
                 designed in a manner which does not cause significant adver5e impacts to
                 inst@eam and riparian habitats in coastal areas.

              7. All channelization and channel modification activities shall identif
                 best management practices which will be used to protect si nificani in;ireain and
                 riparian habitats and mitigate adverse impacts on surface water quality.

              C PREREQUISITES

              1. Permits for maintenance and improvement dredging and disposal projects for
                 navigational purposes- must be obtained concurrent from the Army Corps of
                 Engineers as well as the Council. . Council and Army Corps requirements are
                 designed to complement one another; applicants should consider the
                 requirements of both agencies when preparing to begin the permit process -alw
                 may apply fer- GRMG and Ar-my Ger-ps per-mits eeneorveatl . In some cases, the
                 Council m           in applicant to obtain applicable Army Corps of En@ineers
                 p=its prio-r to'applying-fo the Council. A tRMC Assent-is noi valid u@less the
                 a1212licant has received all required Army Corps of Engineers approvals.

              2. Except for federal consistency reviews, applicants proposing fer- dr-edgi
                 maintenance and improvement dredging of a volume greater than 25 cubic yards
                 or open water disposal of dredged materials shall be required to obtain a Section
                 401 (Clean Water Act) Water Quality Certification or its waiver from the
                 Department of Environmental Management (DEM) before the Council can
                 Eensider- granting appr-e@,a issue an assent for the project. The application for
                 the Section 401 Water Quality Certification will be forwarded to the DEM when
                 all Council Application forms have been completed.

              3. All materials to be dredged for either- epen water- disposal er- upland dispesa
                 must be classified by the Department of Environmental Management (DEM)
                 based upon an approved analysis process prior to the Council acting on an
                 application for of eithe dredging or dredged materials disposal.

              4. Any application for open water disposal of dredged materials shall include hav
                 all requisite Army Corps of Engineers and Environmental Protection Agency
                 (EPA) approvals.

              5. All applicable requirements of the Freshwater Wetlands Act have or will have


                                                     8A.2 -





                                                        Proposed wpm. W-6'_klCl6'1P: 16T@@@


                   been met.

                6. Upland disposal of dredged materials must comply-with all applicable local
                   zoning ordinances.

                D. PROHIBITIONS


                L  The disposal of dredged materials on or adjacent to coastal wetlands in Type    1 and
                   2 waters is prohibited unless associated with a Council-approved program of
                   wetland building or rehabilitation. The disposal of dredged materials is also
                   prohibited on coastal wetlands designated for preservation in Type 3, 4, 5, and 6
                   waters (see Section 210.3).

                2. No dredging for navigational purposes is permitted in Type 1 waters, and only
                   maintenance dredging may be per    Lmitted in Type 2 waters.

                E. ADDMONAL CATEGORY B            REQUIREMENTS

                1. Applicants for all dredging projects shall provide Laccurate soundings in the area
                   of the proposed dredging operation.

                2. Applicants shall describe any temporary or permanent disturbance to a coastal
                   feature which is required or anticipated in er-der. to       P.-;q f4qx hp;lvy
                   equipment to the dredging er- dispesal site.

                3. When fine-grained sediments are to be removed, the applicant shall install
                   siltation curtains to control the transport of materials placed in suspension by
                   dredging unless the applicant demonstrates to the Council on the basis of
                   competent professional analysis that such transport will not be significant or
                   be controlled by other measures.

                4. The applicant shall limit dredging and disposal to specific times of the year in
                   order to minimize odors and/or impacts on fish and shellfish unless the
                   applicant demonstrates to the Council on the basis of competent professional
                   analysis that such'odors or impacts will not be significant or will be controlled by
                   other measures.


                5. Applicants for improvements dredging projects shall describe, on the basis of
                   competent professional analysis, anticipated siltation rates, sediment sources,
                   and anticipated maintenance dredging needs.

                6. When dredged materials are removed from a marine to an upland environment
                   for disposal, the applicant shall demonstrate that the release of pollutants present
                   in the materials shall not cause significant threats to groundwater or cause other
                   environmental degradation.


                                                         8A.3 -







               Appendix 8A



               7. Proposed channelization and channel modification activities shall develop an
                  operation and maintenance program that includes thelildentification and
                  implementation of opportu@itie@ to improve the physical and chemical
                  ch@racteristics of surface waters in those channels.

               8. Proposed channelization and channel modification activities shall develoI2 an
                  operation and maintenance program with specific timetables for modified
                  cfiannels that includes the iaeniification of 6pportunities to restore instream and
                  riparian habitat in those channels.

               F. STANDARDS


               1. 'For dredging:

                  (a) Bottoms of dredged areas shall slope downward into the waterway so as to
                      maximize tidal flushing.
                  (b) Bottom slopes at the edges of dredged areas shall have a maximum slope of 50
                      percent.
                  (c) Dredging shall be planned so as to avoid undermining adjacent shoreline
                      protection facilities and/or coastal features.
                  (d) Shellfish dredged from waters classified SB or lower shall not be made
                      available for human consumption or bait.
                  (e) Applicants shall demonstrate that the proposed dredging or channelizatio
                      activity is planned and designed in a manner that does not lead to significant
                      adverse impacts to the physical and chemical characteristics of surface waters
                      in coastal a-reas.
                  (f) Applicants shall demonstrate that the proposed dredging or channelization
                      ntivity is planned and designed in a manner that does not lead to significant
                      advene ir@pacts to the instream and riparian habitats in coastal areas.
                  (g) All appropriate best management practices shall be employed to mitigate
                      S.gnificant impacts to stirface water qtiality and protect significant instrearn
                      and riparian habitats.

               2. For dredged materials disposal in open water:

                  (a) Dredged materials may not be placed in areas determined by the CRMC to be
                      prime fishing grounds.
                  (b) Measures must be employed and described to ensure that all dredged
                      materials will be dumped solely within the confines of an approved site.
                  (c) Hydrographic conditions at the approved disposal site must be such that the
                      disposed dredged materials will remain within the disposal area and that re-
                      suspension of bottom sediments will be minimal.
                  (d) Following disposal operations involving polluted materials, clean
                      coarse-grained materials must be deposited to cap the spoil mound and


                                                         8A.4 -






               Appeiidix 8A                            Proposed          -,o RICRIMP: 1.4ydromods


                      minimize the release of any potential contaminants to the water column.
                      The cap shall have a minimum thickness of 6 inches.
                   (e) The applicant shall provide for an environmental monitoring program
                      designed to detail physical conditions and biological activity at and near the
                      site for a period of. at least one year. The results of such programs shall be
                      made public.

               3. For dredged materials disposal in the creation of wetlands, aquatic habitat, or
                   island:


                   (a) Disposal sites must be'in sheltered environments which are approved by the
                      Council for such purposes and are not prone to extensive wave or current
                      energies yet subject to sufficient tidal action to provide adequate flushing.
                   (b) Dredged materials must be pumped or placed into a containment area that
                      will permit sediment consolidation and prevent erosion.
                   (c) The applicant must provide for an envirorunental monitoring program
                      designed to detail physical conditions and biological activity at and near the
                      site for a period of at lease one year. The results of such a program shall be
                      made public.
                   (d) All applicable requirements of Section 300.2 shall be met.

               4.  For upland disposal:

                   (a) Dewatering of dredged materials shall occur behind a berm or bulkhead of
                      sufficient height to contain the material.
                   (b) After dewatering, dredged materials placed on uplands adjacent to tidal waters
                      shall be vegetated or otherwise permanently stabilized. Surface slopes of the
                      disposal area shall be graded so as to prevent surface ponding.
                   (c) Where dredged materials are placed behind a wall or bulkhead: (1) the
                      structure shall be suitably engineered to resist the pressures of the dredged
                      material; (2) the material including fines shall be prevented from seeping
                      through the wall or bulkhead by the placement of an adequate filtering
                      device; and (3) all applicable standards listed for shoreline protection facilities
                      (Section 300.7) shall be met.
                   (d) All applicable requirements of Section 300.2 shall be met.

               5.  Disposal for beach nourishment:

                   (a) The placement of dredged materials on a beach is a preferred disposal
                      alternative, providing that the.materials in question are predominantly clean
                      sands possessing grain size and such other characteristics to make them
                      compatible with the naturally occurring beach material.
                   (b) In areas where the processes of littoral drift would result in significant
                      re-entry of dredged sediments into a navigable waterway dredged materials
                      must be placed on the clowndrift side of the inlet.


                                                       8A.5 -






              Appendix 8A                                Rised            klC1Cv11': Hvdroniods


                 (c) All ay-licable requirements of Section 300.2 shall be met.


              Section 310. Alterations to Freshwater Flows        to Tidal Waters and Water
                            Bodies an   d Coastal Ponds


              A. DEFINITIONS

              1. Alterations to the flows of tributaries include the installation of dams or other
                 devices that alter flows of tributaries to tidal waters and that significantly change
                 the timing and/or volumes of fresh water to coastal waters. Such alterations
                 have a reasonable probability to conflict with a Council plan or program for
                 resources management or may significantly affect the environment of the coastal
                 region.

              2. Alterations to the circulation of tidal waters include all structures that alter the
                 behavior of waters within tidal water bodies, including the removal of tidal
                 waters for industrial cooling or other purposes and the installation of structures
                 in embayments and salt ponds that alter the volumes and/or timing of exchange
                 with outlying tidal waters.

              3. For the purposes of this section, dams are defined as constructed impoundments
                 which are either: (a) twenty-five feet or more in height and greater -than fifteen
                 acre feet in capacity: or, (b) six feet gr more in height and greater than fift acre
                 feet in capuity_

              B. POLICIES

              1. The Council recognizes that alterations to the volume of fresh water discharged
                 to estuarine water bodies can have a. significant effect on the species and
                 abundance of organisms present in the estuary and may also cause changes to
                 sedimentation, erosion patterns,'and flooding. Applicants proposing to alter the
                 volume of freshwater discharged ti2 estuarine bodies shall @vaiuate -the impacts
                 of the proposed @iroject and rriinimize any adverse impacts on surface water
                 quality and instrearn habitats.

              2. It is the Council's policy to maintain and enhance anadromous fish runs and to
                 consult with the Department of Environmental Management when considering
                 proposals that may affect these features.

              3. Applicants proposing construction activities associated -with dams shall submit
                 an erosion and sediment control plan in accordance with the standards
                 contained in Section 300.2 which demonstrates that erosion shall be reduced and.
                 to the extent practicable, sediment retained onsite during and after construction.
                 All erosion a@d sediment control L-.)Ians shall: (a) limit the a1212lication.


                                                      8A.6 -








               Appendix 8A						Proposed Changes to RICRMP: Hydromods 


                  generation, and migration of topic substances; (b) ensure the proper storage and
                  disposal of toxic materials: and, (c) demonstrate that nutrients will be applied at
                  rates necessary to establish and maintain vegetation without causing significant
                  nutrient runoff to surface waters.


               C PREREQUISITES

               1. Permits for the construction of dams. tidal gates. and other structures affecting
                  flows of tributaries and the circulation of tidal water bodies must be obtained
                  concurrently from the Army Corps of Engineers well as the Council. In some
                  cases. the Council may require an applicant to obtain applicable Army Corps of
                  Engineers permits prior to applying to the Council. A CRMC Assent is not valid
                  unless the applicant has received ail required Army Corps of Engineers
                  approvals.

               2. Except for federal consistency reviews, applicants for the construction of dams.
                  tidal  gates, and other structures affecting flows of tributaries and the circulation
                  of tidal water bodies shall be required to obtain a Section 401 (Clean Water Act)
                  Water Quality Certification or iis waiver from the Department of Environmental
                  Management (DEM) before the Council can issue an assent for the project. All
                  maintenance dredging activities which propose to dredge more than 25 cubic
                  yards of dredged material shall also be required to obtain a Section 401 Water
                  Quality Certification or its waiver before the Council will issue an Assent. The
                  application for the Section 401 Water Quality Certification will be forwarded to
                  the DEM when all Council Application forms have been completed.

               D. STANDARDS


               1. See policies and standards in "Filling, Removing, or Grading of Shoreline
                  Features" (Section 300.2), as applicable.

               2. See policies and standards in "Construction of Shoreline Protection
                  Facilities" (Section 300.7), as applicable.

               3. See policies and standards give in "Treatment of Sewage and Stormwater
                  (Section 300.6), as applicable.

               4. See policies and standards in "Filling in Tidal Waters" (section 300.10),
                  applicable.

               5. See policies and standards in "Dredging and Dredged Materials Disposal" (section


                                                      -8A.7-
 






               Appendix 8A                                 Proposed Changes to RICRMP: Hydromods 


                  300.9), as applicable.

               6. Applicants proposing to construct new dams or improve existing dams shall
                  demonstrate that appropriate paractices will be used to mitigate impacts
                  associated with nonpoint source pollution problems resulting from excessive
                  water withdrawls.


               7. Applicants proposing to construct new dams or improve existing dams shall
                  demonstrate that appropriate paractices wil be used to mitigate impacts to
                  surface water quality and instream riparian habitat.






































                                                       -8A.8 -
 





               Chapter 9                                     @@T 4,                  triiirm Areas


                                                    Chapter 9
                                         Wetlands And Riparian Areas



               Introduction

               No npoint pollution to wetlands originates from many different sources including
               spilled oil, animal wastes, eroded soil, garden and lawn chemicals, and litter.
               Rainfall or snowmelt moving over and through the ground is able to pick up and
               carry away these anthropogenic and natural pollutants. Eventually these pollutants
               are deposited in rivers, wetlands, coastal waters, and ground water where they
               degrade water quality. Nonpoint pollutants include: nutrients (nitrogen and
               phosphorous); hydrocarbons (oil and grease);- pathogens (bacteria and viruses);
               pesticides; toxins; road salt; and sediment. Wetlands have the ability -to perform a
               significant nonpoint pollution abatement function by acting as a buffer zone in
               where they filter and minimize the effects of pollutants into receiving waters.

               Changes to hydrology, geochemistry, Substrate, or species composition may impair
               the ability of a wetland or riparian area to function properly. Such alterations can
               affect the ability of a wetland or riparian area to act as a filter for excessive
               sedimentation and nutrients, which can then result in deteriorated surface water
               quality of the adjacent water body or of the receiving waters. Examples of typical
               activities that often cause such impairment include the drainage of wetlands for
               additional cropland, overgrazing, construction of highways, channelization of an
               adjoining waterway, deposition of dredged materials, and excavation for ports and
               marinas.


               The Guidance S17ecifying Managentent Measures for Sources of Nonpoint Pollution
               to Coastal Waters (EPA, 1993) contains three wetlands management measures:

                        Protection of Wetlands and  Riparian Areas;
                      *,Restoration of Wetlands and Riparian Areas; and
                      9 Engineered Vegetated Treatment Systems.

               Only  the first management measure Must be implemented using "enforceable
               policies."

               This chapter discusses the history of wetlands alterations in Rhode Island, the
               programs which regulate wetlands and riparian areas, and how each of the
               management measures will be implemented.






                                                        9.1







               Chapter 9                                                                          Areas


               History of Wetlands Alterations

               Coastal Wetlands

               Much of the original acreage of coastal wetlands in Rhode Island have been filled
               and altered along most of the urban waterfronts and port and harbor areas of the
               State. Millions of cubic yards of dredged materials were pumped on to salt marshes,
               low-lying shorelines, and dUmped in deep water within Narragansett Bay prior to
               the 1950s, when convenience and expense were the primary considerations, (CRC,
               1992: 5). Large sections of fringe marsh and shallows along the Providence River
               were filled with dredged materials from the shipping channel to create more pier
               and berthing areas for the port (CRC, 1992: 5). Downtown Providence, Newport, and
               many other low-lying coastal communities are built on what was once coastal
               wetlands (CRC, 1992: 5). The Navy facility at Quonset Point, which was constructed
               by the federal government during the 1930s and 1940s, also lies on filled marsh and
               subtidal lands (CRC, 1992: 5).

               Since the 1970s, the trend of tidal wetland filling has virtually stopped. The Army
               Corps of Engineers' records indicate that the last dumping of dredged materials on a
               Rhode Island salt marsh took place in 1963. (CRC, 1992: 5) Since the adoption of the
               RICRMP in 1976, all tidal wetlands and contiguous wetlands are protected regardless
               of size, and any filling or alteration is strictly prohibited in approximately 90% of the
               State's remaining salt marshes (those abutting Types 1 and 2 waters, and Types 3,45
               & 6 waters which have been designated for preservation) (RICRMP, Section 210.3).

              .According to the National Wetlands hi'ventory of 1989, Rhode Island contains
               approximately 7,949 acres of coastal wetlands (931 acres of marine wetlands and 7,018
               acres of estuarine wetlands) %,vhich fall under CRMC jurisdiction. Marine wetlands
               in Rhode Island consist of 53',".. beaches/bars, 36% rocky shores, and 11% flats.
               Rhode Island's estuarine wetlands consist of 49%, emergent wetlands, 41% flats, 8%
               beaches/bars, 1%, rockv shores, and 1%, scrub-shrub wetlands.


               Freshwater Wetlands


               Freshwater wetland I-oss over time is difficult to assess since no comprehensive
               analysis has ever been performed (DEM 305 (b) Report, 1992). Losses have probably
               been heaviest along the flood plains of the State's major river systems, as these areas
               served as the corridors of expansion from the coastal urban settlements (DEM 305 (b)
               Report, 1992).

               The Fresh Water Wetlands Act is a state statute that was adopted as part of the
               Rhode Island General Laws in 1971 (R.I.G.L. 2-1-18, et seq.). The Act states:

                      It is the Public policy of the State of Rhode Island and Providence Plantations
                      to preserve the pUrity and integrity of swamps, marshes, and other freshwater
                      wetlands of the state. The health, welfare, and general well being of the


                                                         -9.2-






               Mhapter 9                                                      MOtiivrairw Areas


                     populace and th,? protection of life and property require that the state restrict
                     the uses of wetlands and, therefore, in the exercise of the police power those
                     wetlands are to be regulated hereunder. (R.I.G.L. 2-1-19)

               The most recent amendments to the Rules and Regulations Governing the
               Administration and Enforcement of the Fresh Water Wetlands Act became effective
               April 7, 1994.

               According to the National Wetlands Inventory of 1989, Rhode Island contains
               approximately 57,106 acres of palustrine (freshwater) wetlands, which fall under the
               jurisdiction of the Department of Environmental Management, Division of
               Freshwater Wetlands. Palustrine wetlands in Rhode Island consist of 77% broad-
               leaved deciduous forested wetland, 9%, deciduous scrub-shrub wetland, 6% needle-
               leafed evergreen forested wetland, 4%, open water wetland, 3%, emergent wetland,
               and tiny areas (less than 1'Yo) of aquatic bed wetland, evergreen scrub-shrub wetland,
               dead. forested wetland, and farmed wetland.


               Regulation of Wetlands in Rhode Island

               In Rhode Island there are two regulatory programs whi ch currently implement the
               three wetlands management measures throughout the state. The Freshwater
               Wetlands Program is administered by the Rhode Island Department of
               Environmental Management (RIDEM), Division of Freshwater Wetlands and
               regulates all alterations to freshwater wetlands statewide under the authority of the
               Fresh Water Wetlands Act (R.I.G.L. 2-1-18, et seq.), and in accordance with the Rules
               and Regulations Governing    the Administration and Enforcement of the Fresh
               Water Wetlands Act (Appendix B). The Coastal Resources Management Council
               (CRMC) regulates all alterations to coastal wetlands statewide in accordance with the
               Rhode Island Coastal Resources Management Program (RICRMP) (Appendix E) .
               Both regulatory programs are very strong, offer significant. protection to freshwater
               and coastal wetlands, and even provide some enforcement of the two
               nonenforceable wetlands management measures. These programs are described
               more fL111V in Chapter 2. BackgrOL111d information relevant to the implementation
               of these managementmeasUres is provided below. It is important to note that in
               Rhode Island, all projects which have the potential to alter freshwater or coastal
               wetlands are subject to regulatory review. The State is currently achieving this
               management meaSLire by eqL1a11V protecting all wetlands and their respective
               functions. As noted during the Threshold Review meeting, Rhode Island has some
               of the most stringent %vetland protection regulations in the nation.










                                                     -9.3-







             Chapter 9                                                  1          Areas


             Protection of Wetlands and Riparian Aricas



                               Protection of Wetlands and Riparian Areas
                        Protect from adverse effects wetlands and riparian areas
                        that are serving a significant NPS abatement function and
                        maintain this function. while protecting the other existing
                        functions of these wetlands and riparian areas as
                        measured by characteristics such as vegetative
                        composition and cover, hydrology of surface water and
                        ground water, geochemistry of the substrate, and species
                        composition.



             Applicability

             This management measure shall be applied by States to protect wetlands and
             riparian areas from adverse NPS pollution impacts.


             Programs Implementing the 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 and 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.

             Imp lementation of the Measures
             The Protection of Wetlands and Riparian Areas Management Measure is currently
             implemented throt'igh the RICRMP Section 210.3, Coastal Wetlands, and Section
             300-12, Coastal Wetland Mitigation (Appendix 9A). All proposed projects in or
             around coastal wetlands are subject to the policies and standards of these Sections.
             In addition, The Narrow River Special Area Management Plan (Appendix H) and
             the Salt Pond Special Area Management Plan (Appendix G) contains additional
             wetlands mitigation requirements. S-etback and bUffer zone requirements contained
             in the RICRMP further implement this measure. Relevant sections of these
             programs are discussed in more cletail below.

                  1. Policies contained in RICRMP Section 210.3





                                                 -9-4-






                 17hapter 9                                          101wh,   A F, EVENT@ 0 tii ,r, i it-," Areas


                 According to the Rhode Island Coastal Resources Management Program (RICRMP
                 Section 210.3), coastal wetlands include:

                        Salt marshes and freshwater or brackish wetlands contiguous to salt marshes
                        or physiographical features. Areas of open water within coastal wetlands are
                        considered a part of the wetland. In addition, coastal wetlands also include
                        freshwater and/or brackish wetlands that are directly associated with non-
                        tidal coastal ponds and freshwater or brackish wetlands that occur on a barrier
                        beach or areseparated from tidal waters by a barrier beach.

                        Salt marshes are areas regularly inundated by salt water through either
                        natural or artificial water courses and where one or more of the following
                        species predominate: smooth cordgrass (Spartina alterniflora), salt meadow
                        grass (Spartina patens), spike grass (Distichlis spicata), black rush (Juncus
                        gerardi), saltworts (Salicornia spp.), sea lavender (Limonium carolinianum),
                        saltmarsh bulrush (Scirpus spp.), high tide bush (Iva frutescens).

                        Contiguous freshwater wetlands are those wetlands which border directly on
                        salt marshes or brackish wetlands or physiogtaphical features and which,
                        except for size limitations, meet the definition of a bog, marsh, swamp, or
                        pond under the Rhode Island Freshwater Wetland Act (R.I.G.L., Section 2-4-
                        18 et seq.). All contiguous freshwater wetlands are protected under this
                        Program, regardless of their size.

                        Contiguous brackish vvetlands are those wetlands which border directly on
                        salt marshes and where one or more of the following species predominate:
                        tall reed (Phragmites comMUlAiS), tall cordgrass, (Spartina pectinata),
                        broadleaf cattail (Typha al)gLIStifolia, spike rush (Eleocharis rostellata),
                        chairmaker's rush (ScirpUs americana), creeping bentgrass (Agrostis
                        palustris), sweet grass (Hierochloe odorata), wild rye (Elymus virginicus).

                        High salt marsh is defiiied as the that portion of the salt marsh that typically
                        is flooded by the spring, moon, or other flooding tides but otherwise is not
                        flooded on a daily basis. The \,egetative composition of high salt marsh
                        typically consists of one or more of the following: salt meadow grass
                        (Spartina patens), spike grass (Distichlis spicata), black rush (Juncus gerardi),
                        tall reed (@hragmites communis), Sea Lavender (Limonium carolinianum),
                        tall cordgrass (Spartina pectinata), saltmarsh bulrushes (Scirl2us spp,), and
                        high tide bush (iva frut@scens)-

                        Low salt marsh is defined as that portion of the salt marsh that is flooded
                        daily. The vegetative composition of the low salt marsh typically consists of
                        smooth cordgrass (Spartina altertifflora).

                 It is the Council's goal to preser@,e, and \,\,here possible, restore coastal, wetlands
                 (RICRMP 210-3.C.1).



                                                           -9.5-







                Chapter 9                                                                      Areas


                Projects requiring the alteration of coastal wetland@, may be granted a. Council Assent
                if: they involve only minor alterations associated with residential docks and
                shoreline protection facilities adjacent to Types 3, 4, 5 and 6 waters; the alteration is
                made to accommodate a priority use for the water area, and impacts have been
                avoided and minimized to the maximum extent; or they satisfy the Special
                Exception burdens of proof contained in Section 130 (RICRMP Section 210.3.C). It is
                important to note that 90%, of the remaining coastal -wetlands in Rhode Island abut
                Type 1 and Type 2 waters or have been designated for preservation. Alterations to
                those wetland areas, except for minor alterations associated with residential docks
                and structural shoreline protection facilities which abut Type 2 waters, are explicitly
                prohibited (RICRMP Section 210.3.13)."

                      2. Proposed amendments to Section 210.3
                Amendm   ents to the RICRMP (Appendix 9A) 'are proposed to strengthen the
                Council's ability to protect, manage and. regulate coastal wetlands serving a
                significant nonpoint source abatement function by explicitly recognizing this
                function in the Findings. These amendments add language which states that coastal
                wetlands "can serve as a valuable nonpoint source Abatement function" and "the
                capacity of the wetland to serve as a natural drainage system".

                The following addition to the Council's policies for coastal wetlands is also
                proposed:

                   8. It is the Council's policy to protect from adverse effects, and to maintain,
                      wetlands that are serving a significant nonpoint source abatement function
                      while protecting other existing functions of wetlands and riparian areas. In
                      addition, the Council promotes the restoration of the preexisting functions in
                      damaged and destroyed xvetlands and riparian areas, and the use of vegetated
                      filter strips, in are, where these systems can serve a nonpoint source
                      abatement fUnCtiOll.


                      3. RICRMP Section 300.12 Wetlands Mitigation Policies

                Projects which require the alteration of coastal wetlands are granted a Council
                Assent only when they satisfy the Special Exception burdens of proof contained in
                Section 130. Essentialiy, this'only permits alterations to coastal wetlands which are
                unavoidable, serve a public pUrpose and benefit the citizens of Rhode Island.

                      4. CRMC's Special Area Management Plans

                Amendments to the Narrov,., Ri ver Special Area Management Plan made in, 1993
                address wetland alterations and mitigation requirements. In accordance with
                Section 420.1.C (Controls for Habitat Protection), filling, removing, or grading (as
                defined in Section 300.2 of the RICRMP) is prohibited on any wetland in the Narrow
                River watershed. For the purposes of this section, wetlands include coastal


                                                        -9.6-





                =7-                                                    IM o MOW                Areas


                w
                   1ands, as defined in Section 210.3 of the RICRMP and all other wetla.,.Js subject
                  ic.
                to the Freshwater Wetlands Act, that are located in the Narrow River watershed.
                There are two exceptions to this prohibition: the fifty (50) foot wetland perimeter
                and river bank wetland areas outside the wetland edge are not considered part of the
                wetland under this section; and, applicants may be permitted to alter freshwater
                wetlands within the Narrow River Watershed "to access buildable land and when
                no other reasonable alternatives for access exist and when the applicant has satisfied
                the variance burdens of proof set forth in Section,140 of the RICRMP."

                       5. RICRMP S  ection 140. Setbacks

                To further protect wetlands and riparian areas, the RICRMP requires that setbacks be
                maintained in areas contiguous to coastal wetlands. Setbacks extend a minimum
                distance of either fifty (50) feet from the inland edge of a coastal feature or twenty-
                five (25) feet inland of the edge of a Coastal Buffer Zone, whichever is further.
                Setbacks apply to:

                    1) Filling, removal, or grading, except when part of an approved alteration
                       involving a \vater-dependent activity or structure (Section 300.2);
                    2) Residential buildings and garages excluding associated structures (Section
                       110.4);
                    3) New individual sewage disposal systems, sewage treatment plants, and
                       associated sewer facilities excluding outfalls (Section 300.6). Repairs and
                       replacements of existing (permitted) individual sewage disposal systems shall
                       be exempt from the Council's setback requirements;
                    4) Industrial structures, commercial structures, and public recreation structures
                       that are not wa ter-de pendent (Section 300.3); and
                    5) Transportation facilities that are not water-dependent (Section 300.13).

                       6. RICRMP Section 150 Coastal Buffer Zones


                The RICRMP also contains buffer zone requirements that are an effective
                mechanism for protecting wetlands and riparian areas. The Section recognizes the
                water quality benefits, and specific nonpoint source pollution control functions,
                associated with buffer zones. Buffer zone requirements apply to new residential
                structures, existing residential structures when a significant alteration to the
                footprint or ISIDS system is proposed, and to commercialand industrial
                development activities on a case-by-case basis.

                Management Measure Oversiglit
                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.




                                                        -9.77






               17hapter 9                                                                           Areas


                Enforcement
                The CRMC has broad enforcement authority. The stipulations of a CRMC Assent
                are registered on title. The Council then issues cease and desist orders when -                 I
                violations are detected. Cease and Desist orders are registered as a lien on the title to
                the property. 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 measure's implementation using 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 CRN4C 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.

                Monitadng
                A dataset is maintained that contains information on individual permit
                applications under the Army Corps of Engineers Section 10/404 program for
                construction activities and the discharge of fill in waterways and wetlands. Each
                permit application reviewed is logged as an individual record. Between 1982 and
                1987, 168 applications were recorded. Of these, 54%, were Section 10 permits only
                (dredging, pier cons tr Uction, etc. - no wetland fill), 6% involved wetland fill, and
                39%, involved a combination of constrUCtiOll activities and wetland fill. Only 3.3
                acres of wetland fill %vere proposed dUring these years and only 2.17 acres of wetland
                fill were approved by the Army Corps. of Engineers in Rhode Island. (305 (b) Report,
                1992).


                Financial Needs
                Effective enforcement of this meaSLire requires the availability of additional
                enforcement staff. The CRMC currently has only two enforcement staff. While the
                Council's recent Section 312 EvalLiation 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 wetlands measures more
                effectively.

                At this time, the CRMC 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 @e financed with a commensurate
                level of financial resources.






                                                           -9.8-









                 Chapter 9									Wetlands and Riparian Areas	
				


                Technical Needs
                No additional technical needs associated with the effective implementation of this
                management measure have been identified at this time.


                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).
                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 coastal wetland alterations
                have gone undetected since 1986-1987 when the Council hired on its own technical
                staff. Accordingly, 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.


                RIDEM Division of Freshwater Wetlands Program

                Applicability:
                This management measure is intended to protect wetlands and riparian areas,
                serving a significant nonpoint source pollution abatement function, from the
                adverse effects of nonpoint source pollution. The Rules and Regulations
                Governing the Administration and Enforcement of the Freshwater Wetlands
                Act (effective as of April 7, 1994) apply statewide, to any activities that may
                alter a freshwater wetland I (RIGL 2-1-21 and SD2 4.03) including, but not
                limited, to those which serve a nonpoint source abatement function.

                Agency Responsible:
                The agency responsible for the enforcement of the Rules and Regulations
                Governing the Administration and Enforcement of the Freshwater Wetlands
                Act is the Rhode Island Department of Environmental Management,
                Division of Freshwater Wetlands.





		    1	
                 Freshwater Wetlands include, but are not limited to swamps, marshes bogs,ponds,flood plains,rivers,river and 
                stream flood plains and banks,areas subject to flooding or storm flowage,emergent plant communities in any 
                freshwater,and the area of land within 50 feet of any marsh,bog,swamp or pond (RIGL 2-1-20.1).

                2 
		     SD preceding a number indicates that number refers to a DEM regulatory section. 


                                                        -9.9-
 






               Chapter 9                                                                       Areas


               Statutory And Regulatory Autbority:
               Freshwater wetlands policies for Rhode Island are established in the Fresh
               Water Wetlands Act (RIGL ï¿½2-1-19). The Freshwater Wetlands RegUlations3
               are promulgated to administer and enforce the Fresh Water Wetlands Act
               (RIGL ï¿½2-1-18 - 2-1-24) pursuant to Section 2-1-20.1 of the Act.

               Nature of the program:
               The Rho  ,de Island Freshwater Wetlands Program is, a regulatory permitting
               program. It includes a schedule of fees (SD 8.03 & 8.04) and a schedule of
               enforcement actions (SD 15.00-11) as authorized by the Fresh Water Wetlands
               Act (RIGL ï¿½2-1-20-1).

               Enforcement
               Enforceable Policies:
               In compliance with the management measure, Rhode Island has enforceable
               policies for activities in, C011tigUOUS to, or otherwise affecting all freshwater
               wetlands. These policies exist in both the Fresh Water Wetlands Act and the
               Rules and Regulatio)is fior the Adn-thiistration and Enforcement of the
               Freshwater Weth7nds Act.


               The Fresh Water Wetlands Act is a state statute that was-adopted as part of the
               Rhode Island General Laws in 1971. This statute is enforced via the
               Freshwater Wetlands Regulations through the Rhode Island Department of
               Environmental Management, Division of Freshwater Wetlands. The statute
               dictates statewide policy on swamps, marshes. and freshwater wetlands. As
               stated in Section 2-1-19 of the Act:


                      It is the public policy of the State of Rhode Island and Providence
                      Plantations to preserve the purity and integrity of the swamps,
                      marshes, and other fresh water wetlands of this state. The health,
                      welfare, and general well being of the populace and the protection life
                      and property require that the state restrict the uses of wetlands and,
                      therefore, in the exercise of the police power those wetlands are.to be
                      regulated hereunder.

               The Act goes on to:

                      1. Recognize, under Section 2-1-18, all freshwater wetlands as
                      important for:
                             A. Flood control.
                             B. Groundwater recharge.
                            C. Wildlife habitat.



               3 The terin "Freshwalcr Woland Rcunilafions" is inierchan"eable with the terin "Rides and Regidations Governing
               the Adininistrafion and Enforcement of"Opefi-eshivater Weiland Act" for die purposLs ofthis inanag,"emeni ineasure.


                                                        -9.10-






                Chapter 9                                                                      Areas


                              D. Recreational value.
                              E. Health, welfare and general well being of the populace.

                       2. Establish the protection of freshwater wetlands from random,
                       unnecessary, and/or undesirable encroachment, disturbance, or
                       destruction (RIGL ï¿½2-1-18).

                       3. Establish protocol for the exercise of police power to protect the
                       purity and integrity of freshwater wetlands (RIGL ï¿½2-1-20.3, 2-1-23 and
                       2-1-24).

                The Freshwater Wetlands Regulations are enforced pursuant to the statutory
                authority granted in the Fresh Water Wetlands Act (RIGL ï¿½2-1-20.1). The
                Freshwater Wetlands Regulations define and establish statewide policy on
                the:


                       1.     Permit application process, site plan requirements and review
                              criteria (SD 8.00-9.09, 11-00-02, 14.00 and Appendix 5).
                       2.     Wetland functions, values and wetland impact minimization
                              (SD 10-00-03).
                       3.     Identification of freshwater wetlands (SD 13.00-01).
                       4.     Enforcement of policy (SD 15.00-11).

                Enforcement Mechanisms:
                The Fresh Water Wetlands Act and the Rules and Regulations for the
                Administration and Enforcenient of the Freshwater Wetlands Act establish
                and define the permit and enforcement action mechanisms that protect
                freshwater wetlands throughout Rhode Island.

                Any project or activity that may alter freshwater wetlands requires a permit
                from the Director of the Rhode Island Department of Environmental
                Management (SD 7.01-A). In addition, any project in close proximity to a
                freshwater wetland will require a permit (SD 7.01-B), if it:

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


                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 inchide-a(n):

                       1.     Warning (SD 15.02).


                                                        -9.11-






              Lou a., mw                                                                        Areas


                      .2.    Immediate Compliance Order (SD 15-03).
                      3.     Cease and Desist Order (SD 15-04).
                      4.     Notice of Intent to Enforce (15.05).
                      5.     Notice of Violation and Order (15.06).
                      6.     Notice to Owner (15.07).
                      7.     Notice of Intent to Revoke/Suspend a determination or permit
                             (15.08).
                      8.     Notice of Revocation/ Suspension of a determination or permit
                             (15-09).

               Rule 15.02 describes the purpose and proper issuance of a Warning. Section A
               states that the purpose of a Warning is to inform the responsible party of the
               presence of a regulated freshwater wetland and that past or on-going site
               activities may or have resulted in a violation.,

               Rule 15.03 describes Immediate Compliance Orders. Section B notes that such
               an order must include one of the following:

                      1.     The existence of a violation or problem.
                      2.     The action deemed necessary to correct the problem.
                      3.     A time-frame within which the alleged violation must be
                             remedied.


               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 (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
               (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 informs the responsible party of activities which must cease and of any
               corrective action or restoration t@at is necessary for compliance (SD 15-O.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 (15.06.A.1-2). Under
               the Notice of Violation and Order the Director may issue specific orders as
               determined to be necessary (15.06.A.3). These include but are not limited to:

                      1.     An order to cease and desist.



                                                        -9.12-






               17hapter 9                                                                   Areas


                      2.    An orde- to restore a freshwater wetland(s).
                      I     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 of 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:


                      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
                            \velfare of the public. In such cases, the Department may issue a
                            Summary suspension. (51) 15.09.A.3)

               A project or activity taking place in a coastal wetland or contiguous area,
               requires a permit from the Rhode Island Coastal Resources Management
               Council (RIGL ï¿½46-23-6).

               Implementation of the Management Measure

               The purpose of this maiiagemeiit measure is to protect the existing nonpoint
               source pollution abatement fL111CtiO11S Of wetlands and riparian areas in the
               Section 6217 ManagemeM Area. Iii general, the management measure
               requires a two-sided approach:

                      1.    Prevent nonpoint Source pollution impacts to wetlands and
                            riparian areas.


                                                      -9-13-







              W @9* A!                                                                            Areas

                      2..    Maintain the existing functio-lis of these wetlands and riparian
                             areas.


               Rhode Island complies with the requirements of this management measure
               through the Fresh Water Wetlands Act, and the Rules and Regulations for
               the Administration and the Enforcement of the Freshwater Wetlands Act, as
               enforced by the Rhode Island Department of Environmental Management,
               Division of Freshwater Wetlands. The Fresh Water Wetlands Act and its
               pursuant Rules and Regulations establish enforceable policies that stringently
               protect all functions and values of freshwater wetlands, inclusive of nonpoint
               source abatement functions, and carefully prevent any impacts to freshwater
               wetlands, inclusive of impacts from nonpoint Sources. More information on
               the enforcement of Rhode Island's Freshwater Wetlands policy can be found
               in previous sections of this management measure entitled "Enforceable
               Policies" and "Enforcement Mechanisms."

               The Fresh Water Wetlands Act establishes the statutory authority for
               enforcement of freshwater wetland policy. 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 fresh water wetlands of -this state" (RIGL ï¿½2-1-
               19). The Act authorizes the Director of -the Rhode Island Department of
               Environmental Management to:

                      1.     Adopt, modify, repeal or promulgate rules and regulations in
                             accordance with the Fresh Water Wetlands Act (RIGL ï¿½2-1-20.1).
                      2.     Designate which areas of Rhode Island are to be known as
                             freshwater wetlands (RJGL ï¿½2-1-20-2).
                      3.     Inspect by entering, examining or surveying places as considered
                             necessary to enforce the Act withOLlt a warrant; any person
                             Willfully impedin"I SLIch action shall upon conviction be liable f
                             or a fine of Lip to $100 or 30 days imprisonment or both (RIGL ï¿½2-
                             1-20-3).

               The Act thus necessitates a permit process, further discussed in Section 2-1-21,
               which requires that any alteration to a freshwater wetland must receive prior
               approval from the Dir@ctor 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


                                                         -9.14-






                Chapter 9                                                                         Areas


                       defined without first obtainin.g the approval of the director of the
                       department of environmental management.

                Upholding the Fresh Water Wetlands Act, the Rhode Island Department of
                Environmental Management, Division of Freshwater Wetlands has
                promulgated the Rules and Regulation Governing the Enforcement and
                Administration of the Freshuiater Wetlands Act, which establish and describe
                a freshwater wetlands permit process that complies fully with the
                management measure.

                NOAA and EPA have noted in their threshold review comments, entitled,
                Rhode Island Threshold Reviezzy:

                       In many States, wetlands programs only address sources within the
                       delineated wetland or wetland buffer area. It is important that upland
                       sources that impair the nonpoint source abatement function of
                       wetlands be addressed by a state's wetland protection program. (p. 29)

                In Rhode Island, all projects are subject to review if they may alter freshwater
                wetlands. The permit application 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 a freshwater wetland 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 WOLIld result in a random, unnecessary
                or Undesirable alteration of a freshwater @vetland. Such alterations are
                defined in the freshwater Wetlands RegUlations:

                       1.     Random Alteration mean.-, any alteration for which the
                       applicant does not specify in writing through design plans and
                       drawings, the final developed use of the property upon which an
                       application is predicated; or aily alteration proposed which is arbitrary
                       or without jUStification. (SD, 5.@5)

                       2.     Undesirable Alteration means any proposed activity or
                       alteration %,,,hich is likely to reduce or degrade any freshwater wetland
                       functions and values as set forth herein. Any applicant shows that she
                       or he has, to the maximum extent possible, mitigated for any damaging


                                                         -9-15-








                                                                                            Areas


                    effects of the proposed project upon the fun:tions and values provided
                    by any freshwater wetlands. (SD 5.88)

                    3.     Unnecessary Alterations 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", [sic]
                    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.(SD
                           5.89)

              To demonstrate to the Director that alterations are riot random, unnecessary
              or undesirable and that they comply with the Freshwater Wetlands
              Regulations, applicants mus't 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. These include:

                    1.     Primary purpose of the project;
                    2.     Whether the primary purpose is water-dependent or necessitates
                           access to freshwater wetlands;
                    I      Whether there are any areas that could be used to achieve the
                           same project purpose without altering the natural character of
                           any freshwater wetlands;
                    4.     Whether there are any other properties not currently owned or
                           controlled by the applicant but which are reasonably available to
                           the applicant that Would not involve wetland alterations and
                           could be used to achieve the same project purpose;
                    5.     Whether there are alternative designs, layouts, or technologies
                           that could be used to avoid impacts on wetland functions and
                           values which would achieve the same project purpose, and
                           whether these design alternatives are feasible;
                    6.     Description of all attempts applicant has made to overcome or
                           remove Such constraints in order to avoid wetland alterations.
                    7.     Whether the available alternatives would result in significant-
                           adverse consequences to the public health and safety, or the
                           environment.






                                                     -9.16-






                                                                           M@-ARSIMM11 Mt!.rtir-a-t Areas


                 '@Then an applicant is writing a report that describes how impacts are to Fe
                 minimized the applicant must address the considerations listed in Appendix
                 3B. These include:


                        1.     Whether scale of the alteration could be reduced and still
                               achieve the same primary project purpose.
                        2.     Whether moving the project to another site location could
                               achieve the same primary purpose while resulting in less impact
                               to the freshwater wetland.
                        3.     Whether there are feasible alternatives designs, layouts,
                               densities, or technologies which Would result in less impact to
                               the wetland while still achieving the same purpose.
                        4.@    Whether reduction in scale or project relocation would result in
                               significant adverse consequences to public health, safety or the
                               environment.


                 When reviewing the project plan for impacts,the Director reviews it in terms
                 of the following "General Requirements.

                        All proposed projects which may alter the natural character o
                        freshwater wetlands and their functions and values are subject to the
                        review criteria contained herein. If the Department determines that a
                        project submitted as a Request for Preliminary Determination does not
                        comply with the impact avoidance and minimization requirements set
                        forth in Rule 10-01 and/or does not comply with the review criteria
                        contained herein, the Department may determine that the project
                        represents a significant alteration to fresh%vater wetlands. If the
                        Department determines that a project submitted as an Application to
                        Alter does not comply with the impact avoidance and minimization
                        requirements set fort.@ in Rule 10.01 and/or does not comply with the
                        review criteria contained herein, the Department may deny approval
                        for the project.

                        All projects proposing activ  1ties which may alter  the -natural character
                        of freshwater wetlands shall not adversely affect the ability of any
                        wetland to provide and/or maintain those freshwater wetland
                        functions and @,alues as identified in Rule 10.02. All applicants
                        proposing Such projects Must incorporate those best management
                        practices, best available technologies and any maintenance and/or
                        inspection schedules necessary to comply with the review criteria
                        contained herein. (SD 11.01(A))

                 In addition, the Director evalUiltes the project in terms of the 26 review
                 criteria as stated in Rule 11.02 of the Freshwater Wetlands Regulations. Rule
                 11.02 indicates that the Director MLIst be satisfied that a proposed project will
                 not result in:



                                                           -9.17-






               Chapter 9                                        @Wbl..e MW "Is        0N7kr.4ri@ Areas



                      1.     Significant reduction in the overall wildlife production and/or
                      diversity of a wetland;
                      2.     Significant reduction in the ability of a wetland to satisfy the
                      needs of a particular wildlife species;
                      3.     Significant displacement or extirpation of any wildlife species
                      from a wetland or surrounding areas due to the alteration of the
                      wetland;
                      4.     Any reduction in the ability of the wetland to ensure the long-
                      term viability of any rare animal or rare plant species;
                      5.     Any degradation in the natural characteristic(s) of any rare
                      wetland type;
                      6.     Significant reduction in the suitability of any wetland for use by
                      any resident, migratory, seasonal, transient, facultative, or obligate
                      wildlife species, in either the short- or long-term as a travel corridor;
                      feeding site; resting site; nesting site; escape cover; seasonal breeding
                      and/or spawning area;
                      7.     Any more than minimal intrusion or , or increase in, less
                      valuable, invasive and/or exotic plant or animal species in a wetland;
                      8.     Significant reduction in the wildlife habitat functions and values
                      of any wetland which Could disrupt the management program for any
                      game or non-game wildlife species carried out by state or federal fish,
                      game, or wildlife agencies;
                      9.     Significant reduction in overall existing or potential ability of
                      wetland to provide active or passive recreational activities to the
                      public;
                      10.    Significant disruption of any on-going scientific studies or
                      observations;
                      11.    Elimination of , or severe limitation to traditional huinan access
                      to, along the bank Of, LIP and/or down, or through any rivers, streams,
                      ponds, or other freshwater wetlands;
                      12.    Any reduction ill water quality functions and values or negative
                      impacts to natural water quality characteristics, ether in the short- or
                      long-term, by modifyiiig or changing: water elevations, temperature
                      regimes, voliimes, ve'locitv of flow regimes of \vater; increasing
                      turbidity; decreasing oxygen; Causing ally form Of Pollution; or
                      modifying the amount of flow of nutrients so as to negatively impact
                      wetland functions and values;
                                                 any matter or material beneath surface water
                      13.    Any placement of ,
                      elevations or erection of any barriers within any ponds or flowing
                      bodies of water which Could cause any hazards to safety;
                      14.    Significant modification to the natural characteristics of any
                      wetland area Of unusually high visual quality;
                      16.    Any decrease in the flood storage capacity of any freshwater
                      wetland which Could impair the wetland's ability to protect life and/or
                      property from flooding and/or flood flows;


                                                         -9.18-






                17hapter 9                                                              00timmii-o-t Areas


                        17.    Significant reduction of the rate at which flood water is stored by
                        any freshwater wetland during any flood event;
                        18.    Restriction or significant modification of the path and/or
                        velocities of flood flows for the 2-year, 10-year, 25-year, or 100-year
                        frequency, 24-hour, Type III storm events so as to cause harm to life,
                        property, or other functions and values provided by freshwater
                        wetlands;
                        19.    Placement of any structure or obstruction within a floodway so
                        as to cause harm to life, property, or other functions and values
                        provided by freshwater wetlands;
                        20.    Any increase in run-off rates over pre-project levels or any
                        increase in receiving water/wetlands peak flood elevations for the 2-
                        year, 10-year, 25-year, or 100-year frequency , 24-hour, Type III storm
                        events which could impair the wetland'    's ability to protect life and/or
                        property from flooding and/or flood flows;
                        21.    Any increase. in fun-off volumes and discharge rates which
                        could, in any way, exacerbate flooding conditions in flood-prone areas;
                        22.    Significant changes in the quantities and discharge rates of
                        surface and/or groundwater to or from isolated wetlands (e.g., those
                        wetlands without inlets or outlets);
                        23.    Placement of any structural best management practices within
                        wetlands, or proposal to utilize wetlands as a detention or retention
                        facility;
                        24.    Any more than a short-term decrease in surface water and/or
                        groundwater elevations within any wetland;*
                        25.    Non-compliance with the Rhode Island Department of
                        Environmental Management Water Quality Regulations for Water
                        Pollution Control; and/or
                        26.    Anv detrimental modification of the wetland's ability to retain
                        and/or re'move nutrients or act as natural pollution filter.

                This management measure specifically requires that each State with an
                approved Coastal Zone Management. Program "protect from adverse effects
                wetlands and riparian areas that serve a significant nonpoint source pollution
                abatement function." - Page 7-8 of the Guidance S17ecifying Management
                Measures for Sources of Nonliobit Pollution In Coastal Waters defines
                nonpoint source abatement fUnCtiOnS to be:

                        The ability of a wetland or riparian area   to remove NPS pollutants
                        from-runoff passing through the %vetland or riparian area. Acting as a
                        sink for phosphorus and converting nitrate to nitrogen gas through
                        denitrification are two examples of the important NPS pollution
                        abatement functions performed by wetland s and riparian areas. (p. 7-8)

                The Freshwater Wetlands Regulations prevent these impacts in that all
                projects must avoid or minimize adverse impacts to the functions and-values


                                                           -9.19-






              17'hapter 9                                                       q 60.tia.tmit-m Areas


                                           ----'.-eive a permit, a project must substantiate
               of freshwater wetlands. To t                                                              I
               either impact avoidance or impact minimization in the following manner:

                     Impact Avoidance
                     All applicants submitting an Application to Alter, or seeking a permit
                     through a Request for Preliminary Determination must demonstrate to
                     the Department in writing that all probable impacts to freshwater
                     wetlands have been avoided to the maximum extent possible. If
                     impacts cannot be avoided, the applicant Must satisfactorily
                     demonstrate in writing that there are no alternatives to the proposed
                     alterations which would not alter the natural character of any
                     freshwater wetlands. The written evaluation must describe what steps
                     were taken to avoid impacts to freshwater wetlands. At a ni-inimum,
                     applicants must consider and address those issues set forth in
                     Appendix 3(A). (SD 10.01(A))

                     Impact Minimization
                     If all impacts to freshwater wetlands cannot be avoided, an applicant
                     submitting an Application to Alter, or seeking a permit through a
                     Request for Preliminary Determination must demonstrate to the
                     Department in writing that any probable impacts to wetland functions
                     and values have been reduced to the maximum extent possible. The
                     applicant must, at minimum, consider and address those issues set
                     forth in Appendix 3(B); and, where required by Rule 10.03, describe and
                     assess the probable impacts of the proposed project on wetland,
                     functions and ValUes, and demonstrate to the Department that the
                     proposed project meets and/or exceeds the review criteria as set forth
                     in Rule 11.02. (SD 10.01(B))

               Rule 10.00 explains how wetland functions and values are to be determined
               and protected. The Freshwater Wetlands Regulations define functions and
               values to include:


                     1.     Wildlife and wildlife habitat;
                     1).    Recreation and aesthetics;
                     3.     Flood protection;
                     4.     Groundwater and SUrface   water supplies; and
                     5.     Water quality.

               Wildlife and wildlife habitat; and Recreation and aesthetics are defined to
               include the following functions and values:

                     Wildlife and Wildlife Habitat
                     Freshwater wetlands are important areas for the production and
                     diversity of wildlife. Wetlands provide habitat for individual species
                     and COMMUnities of animals and plant,,. Animals include both-game


                                                      -9.20-






                ro 07 M.                                                                     Areas


                       and non-game species, which may be either obligate or facultative, and
                       which may be permanent residents, seasonal or transient in nature.
                       Wetlands serve as travel corridors, nesting sites, feeding sites, resting
                       sites,'nursery and/or brood rearing sites, escape cover, and seasonal
                       breeding, migration, and overwinterin' habitat for wildlife. Wetlands
                                                             9
                       provide critical habitat for some plant and animal species, and provide
                       habitat for rare animal and rare plant species. (SD 10.02(B)(1))

                       Recreation and Aesthetics
                       Freshwater wetlands pro%,ide and potentially provide a variety of
                       important active and passive recreational and aesthetic values to the
                       general populace. Such active and passive recreational values include,
                       but are not limited to activities such as; hunting, fishing, trapping,
                       cross-country skiing, ice skating, boating, waterskiing, canoeing,
                       camping, swimming, bicycling, hiking/walking, horseback riding,
                       harvesting of natural foods or plant materials, bird watching, education
                       and nature studies or other animal observations and photography.
                       Aesthetic values include, but are not limited to, the wetland's visual,
                       aural and cultural qualities such as its prominence as a distinct feature
                       in the local area, including its prominence as open space; whether the
                       wetland is rare wetland type; whether the wetland actually maintains
                       or provides suitable habitat for any rare animal or rare plant species;
                       whether the wetland has any outstanding or uncommon .
                       geomophological features; and whether the wetland contains
                       archaeological evidence or historic significance. (SD 10-02(B)(2))

                Of particular importance for this management measure, the Freshwater
                Wetlands RegUlations specifies the fUnCtion-and-value definitions of flood
                protection, surface-water and grOLIndivater, and water qUality. Such*functions
                and values include and exceed the nonpoint source abatement functions
                described on page 7-8 of the (g) GUidance. As defined in the Freshwater
                Wetlands RegUlations, these functions and ValLies are:

                       Flood Protection
                       Freshwater %%,etlands protect life and/or property form flooding and
                       flood flows by storing, retaining, metering out, and otherwise
                       .controlling flood waters from stormevents. Further, wetlands control
                       the damaging effects of flood flows by dissipation erosive forces,
                       providing frictional resistance to flood, flows, and providing shoreline
                       anchoring %,alues- (SD 10.02(B)(3))

                       Surface Water and Groundwater
                       Freshwater wetlands pro%,ide and/or maintain surface and/or
                       groundwater supplies by acting as a recharge or discharge area, or in the
                       .case of some ponds, acting as surface water reservoirs. While
                       groundwater recharge and discharge functions and values may vary


                                                       -9.21-







               Chapter 9                                                               asrairm Areas


                      seasonally, a Peshwater wetland may, either individually or
                      cumulatively, be an important factor in replenishing ground and
                      surface water supplies, maintaining stream flows, transporting surface
                      waters, and storing or metering out surface waters and/or groundwater
                      during seasons or periods of droughts. (51) 1-0.02(B)(4))

                      Water OuaLty
                      Important water quality functions and values 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))

                      When evaluating the project impacts to the functions and values of
                      freshwater wetlands the following general requirements must be met:

                      Request for Preliminary DeterMination.
                      Applicants submitting a Request for Preliminary Determination are
                      not required to submit a written evaluation as described below in Rule
                      10.03(B). However, such applicants must, at a minimum, comply with
                      the impact avoidance and minimization requirements set forth in
                      Rule 10.01, and will be subject to review by the Director to determine if
                      the proposed project complies with the review criteria as set forth in
                      Rule 11.02. (SD 10.03(A)(1))

                      Applications to Alter
                      All applicants submitting an Application to Alter must submit a
                      written evaluation to which, in accordance with those requirements set
                      forth herein, describes those functions and values provided and/or
                      maintained by the subject freshwater wetland; describes and assesses
                      any anticipated impacts to the wetland's functions and values; and
                      describes all structural aiid/or non-structural best management
                      practices, best available techiiologies, schedules and management plans
                      which will be employed to eliminate, avoid, andlor reduce impacts to
                      freshwater wetlands to themaximum extem possible. The written
                      evaluation must consider and fully address the review criteria as set
                      forth in Rule 11-02. (SD 10.03(A)(2))


               As to the written evaluation, the following must be included:

                      Written Evaluation--Re!Quired Elements
                      The written evaluation must include the following elements: table of
                      contents, introduction, evaluation methodology, qualifications of
                      professional(s) performing the evaluation, identification of regulated


                                                       -9.22-




                Chapter'9                                              Ana.. @-@@,P,6an Areas

                       freshwater wetlands(s), identificat'r)n of the -proposed measures to
                       reduce impact, conclusion, and any literature citations. (See Appendix
                       6 for content requirements for each of the above listed elements). In
                       addition to above listed evaluation elements, the written evaluation
                       must also include and fully address the separately identified elements
                       as required below in paragraphs (C@, (D), (E), (F), (G), and (H). (SD
                       10-03(B))

                The paragraphs (C), (D), (E), (F), (G), and (H)--indicated in the written
                evaluation -requirement--refer to the five functions and values of freshwater
                wetlands,, as well. as soil erosion and sediment control. In general, each of
                these se ctions of the evaluation--described fully in Rule 10.03--must address
                the following subjects, in compliance with the indicated Rules.

                       Wildlife and Wildlife Habitat:
                       1. Existing characteristics of a wetland (10.03(C)(1))
                       2. Wildlife indicators (10.03(C)(2))
                       3. Wetland values (10.03(C)(3))
                       4. Proposed impacts (10-03(C)(4))

                       Recreation and Aesthetics:
                       1. Existing characteristics of the wetland (10.03(D)(1))
                       2. Wetland Values (10.03(D)(2))
                       3. Proposed Impacts (10.03(D)(3))

                       Flood Protection:
                       1. Existing drainage characteristics (10-03(E)(1))
                       2. Wetland values (10.03(E)(2))
                       3. Analysis of proposed impacts (10-03(E)(3))
                       4. Compensation for Loss of Flood Storage (10.03(E)(4))

                       Groundwater and Surface Water Supplies:
                       1. Existing drainage characteristics (10.03(fl(l.))
                       2. Wetland functions and Values (10.03(F)(2))
                       3. Proposed impacts (10.03(F)(3))

                       Water Quality:
                       1. Existing drainage characteristics (10.03(G)(1))
                       2. Wetland functions and values (10.03(G)(2))
                       3. Water quality analysis (10.03(G)(3))
                       4. Proposed impacts (10-03(G)(4))


                Soil Erosion and Sediment Control (10.03(H))





                                                        -9-23-






               17hapter 9                                                     MIRMt "I.0ti7temir- vc Areas


                Clearly, under the Freshwater Wetlands Regulations, -dverse,Limpacts to a
                freshwater wetland's functions and values--inclusive of nonpoint source
                abatement functions--must be avoided or minimized. The avoidance and
                minimization of impacts must be described in a detailed written evaluation
                that includes, in part, specific best management practices that comply with
                this management measure. This evaluation binds the permit applicant to
                highly protective best management practices. Thus, the Freshwater Wetlands
                Regulations:

                      Protect from adverse effects wetlands and riparian areas that are
                      serving a significant NPS abatement function and maintain this
                      function while protecting the other existing functions of these
                      wetlands and riparian areas. (EPA, 1993, p. 7-8)

                To ensure that all Fresh Water Wetlands Act and Regulation policies are
                adhered to, the Director has the power to undertake enforcement actions as
                describe in the section of this chapter titled Enforcement.

                OVERALL PROGRAM EFFECTIVENESS:


                Length of time the program has been in existence:
                The original Rules and Regulations Governing the       Enforcement of the
                Freshwater Wetlands Act became effective in 1972.     The most recently
                developed Regulations became effective as of April 7, 1994.

                Degree of Implementation:
                The Freshwater Wetlands Procram is fully implemented as defined in the
                                               0            1
                Rules and R@@ulatlons 6071t'Nlill,@ the Administration and Enforcement of
                the Freshwater Wetlamis Act (5D 1.00-19-00).

                Monitoring:
                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
                proje cts of particular concern will often contain stipulations such as a
                requirement for monitoring b\, an independent environmental consultant,
                and a schedule for field i1nspecti ons. The Department also 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 management meinsure requires the availability of
                enforcement staff. The Division of Freshwater Wetlands currently has only 7
                enforcement staff. Accordingly, the Department of Environmental



                                                         .9.24-








                                                                                        Areas
               Map,


               Management may    need some additional financial resources to more
               effectively enforce the Management Measures of the Urban Chapter.

               Technical Needs:
               The efficiency of enforcement of this management measure could be
               improved through the application of geographic information systems into
               the Freshwater Wetlands Program. The program would also benefit from
               program-wide computerization.













































                                                    -9.25-






              K-'hapter 9                                                                    Areas


                estoration of Wetlands and Riparian Areas



                                   Restoration of Wetland and Riparian Areas
                            Promote the restoration of the preexisting functions  in
                            damaged and destroyed wetlands and riparian systems in
                            areas where the systems will serve a significant NPS
                            pollution abatement function.

                                 *This management measure does not have to be
                                     Implemented with enforceable policies.



              Applicability

              This management measure shall be applied by States to restore the full range of
              wetlands and riparian functions in areas where the systems have been degraded and
              destroyed and where they can serve a significant NPS abatement function.


              Programs Implementing the Measure

              The Restoration of Wetlands and Riparian Areas Management Measure is currently
              implemented through the Rhode Island Department of Environmental
              Management's (RIDEM) Freshwater Wetlands Program and the Rhode Island
              Coastal Resources Management Program (RICRMP) implemented by the Coastal
              Resources Management Council (CRMC). Both agencies go beyond the mandates of
              the management measure by implementing enforceable policies that require
              restoration of damaged or destroved wetlands and riparian areas. Relevant sections
              of these programs are described @elow- More information on these programs and
              associated permit processes, see Chapter 2. An example of implementation of this
              management measure, the Galilee Salt Marsh Restoration Project, has also been
              included in the following discussion.

              Rhode Island Coastal Resources Management Program

              This management measure xvill also be implemented by the Rhode Island Coastal
              Resources Management COLUIC11 (CRMC) pursuant to R.I.G.L. 46-23 and 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.
              While this measure does not require enforceable policies, the CRMC has the




                                                      -9-26-






                                                                    ERMAL.ATim- and Riparian Areas


                statutory a-L.!hority t@)-require the restoration of the preexisting functions in
                damaged and destroyed wetlands and riparian systems within its jurisdiction.

                Implementation of the Measure
                The Restoration of Wetlands and Riparian Areas Management Measure is currently
                implemented through the RICRMP Section 210.3, Coastal Wetlands, and Section
                300.12, Coastal Wetland Mitigation (Appendix E). All proposed projects in or
                around coastal wetlands are SUbject to the policies and standards of these Sections.
                In addition, The Narrow River Special Area Management Plan (Appendix H)
                contains specific wedand mitigation requirements. For more information about the
                RICRMP    'and the overall effectiveness of the program see the section pertaining to
                the Protection of Wetlands and Riparian Areas Management Measure.

                       1. Policies contained in RICRMP Section 210.3

                It is the Council's goal to preserve, and- where possible, restore coastal wetlands
                (RICRMP 210.3.C.1).

                       2. Proposed. amendments to RICRMP Section'210.3

                The following addition to the Council's policies for coastal wetlands is also
                proposed:

                    8. It is the Council's policy to protect from adverse effects, and to maintain,
                       wetlands that are serving a significant nonpoint source abatement function
                       while protecting other existing functions of wetlands and riparian areas. In
                       addition, the Council promotes the restoration of the preexisting functions in
                       damaged and destroyed wetlands and riparian areas, and the use of vegetated
                       filter strips, in areas where these systems can serve a nonpoint source
                       abatement fLUICtion.


                       3. RICRMP Section 300.12 Wetlands Mitigation Policies

                Section 300.12 contains the Council's \vetland mitigation policies and requirements.
                Projects requiring the-alteration of coastal wetlands may be granted a Council Assent
                if: thev involve only minor alterations associated with residential docks and
                shoreline protection facilities adjacent to Types 3, 4, 5 and 6 waters; the alteration is
                made to accommodate a priority use for the water area, and impacts have been
                avoided and minimized to the maximum extent; or they satisfy the Special
                Exception burdens of proof contained in Section 130 (RICRMP Section 210.3.Q. It is
                important to note that 90%, of the remaining coastal wetlands in Rhode Island either
                abut Type 1 and Type 22 waters or have been designated for preservation,, and that
                alterations to those wetland areas, except for minor alterations associated with
                residential docks, and structural shoreline protection facilities which abut Type 2
                waters, are explicitly prohibited (RICRMP Section 210.3.B).



                                                         -9.27-






               Chapter 9                                                       0_01TIUIW-rairm- Areas


               When the Council permits the alteration of a coastal wetland of any size, applicants
               are required to compensate for unavoidable wetland losses and significant
               alterations by restoring or creating a similar wetland area. The following specific
               policies implement this measure by promoting the restoration of coastal wetlands.

                      1.  In cases where the Council determines that a coastal wetland may be
                          altered (see Section 210.3.C) or grants.a special exception to a prohibition
                          listed in Section 300-12.D the Council shall require the mitigation of all
                          impacts to the coastal wetland. Permanently lost or significantly altered
                          wetlands shall be replaced through the restoration of an historical wetland
                          or the cr*eation of a new wetland at a site approved by the Council.
                      3.  Pursuant to the Council's "no net loss" policy, the goal and minimum
                          requirements of wetland mitigation projects shall be the replacement of
                          permanently lost or significantly altered wetlands with wetlands of equal
                          or greater area and ecological Value.* Mitigation projects shall be carried out
                          in accordance with the standards set forth in section 300-12.8.
                      4.  Wetlands created or restored for the purposes of replacing permanently
                          lost or altered coastal wetlands shall be considered wetlands as defined in
                          the RICRMP and subject to the policies contained in Section 210.3 (Coastal
                          Wetlands), Section 140. (Setbacks) and Section 150. (Buffer Zones).
                      9.  In cases where the alteration is temporary, the disturbed wetland shall be
                          restored, to the satisfaction of the Council, immediately following the
                          permitted activity.
                      12. The Council reco'gnizes that successful mitigation projects depend on a
                          number of variables including the type of wetland restored or created.
                          Accordingly, replacement ratios contained in section 300.12.F shall be
                          -considered minimum requirements.
                      14. Any violation of the approved mitigation plan shall constitute a
                          violation of the assent to alter the existing coastal wetland.

               In the case where a coastal %vetland is proposed to be altered, which is a prohibited
               activity, the Council requires that the applicant demonstrate the burdens of proof for
               obtaining a Special Exceptimi (see Section 130 of the CRMP) for the alteration of a
               wetland. The applicant must demonstrate@ the following: (1) the proposed activity
               serves a compelling public purpose which provides benefits to the public As a whole
               as opposed to individual or pri\,ate interests; (2) all reasonable steps shall be taken to
               minimize environmental impacts and/or use conflict; (3) there is no reasonable
               alternative means of, or location for, serving the compelling public purpose cited by
               the applicant. If the applicant can meet these requirements, and the Council grants a
               Special Exception, then the applicant must meet all other applicable programmatic
               requirements including the restoration or mitigation elements in Section 300.12 of
               the CRMP. However, it should be noted that these policies have not been invoked
               since adoption because no coastal wetland alterations have been proposed. In
               addition, these policies are designed to deter proposals for coastal wetland
               alterations.




                                                          -9.28-






                                                                        '%--_-flVMFrtTs0tMr-4mt Areas


                In addition, Section 300.12 contains explicit mitigatic,.@ requirements and standards
                which implement this measure. -In cases where alterations to coastal wetlands are
                permitted, applicants must replace wetlands at a minimum ratio of 2 acres of
                restored or created wetland to every one acre of permanently altered or destroyed
                wetland (RICRMP Section 300.12.17).

                       4. CRMC's Special Area Management Plans

                Amendments to the Narrow River Special Area Management Plan made in 1993
                address wetland mitigation. Section 420.1.C (Controls for Habitat Protection),
                Exception #2 indicates that an applicant may alter freshwater wetlands within the
                Narrow River Watershed "to access buildable land and when no other reasonable
                alternatives for access exist and when the applicant has satisfied the variance
                burdens of proof set forth in Section 140 of the RICRMP" (Appendix H). Upon
                receiving Council approval, an applicant must fulfill the following seven
                mitigation requirements:

                       1) The applicant shall be required to mitigate the area of wetland lost on a 1 to
                           1.5 area basis.
                       2)  The wetland that is replaced shall be consistent with that which is filled.
                       3)  The mitigation shall take place on-site and in an area which is
                           hydrologically connected to the impacted area..
                       4)  Setback and buffer requirements shall be required for the wetland
                           replacement area.
                       5)  Enhancement of existing wetland shall not be an acceptable form of
                           mitigation under this section.
                       6)  All wetland replacement projects will require the approval of the Rhode
                           Island Department of Environmental Management (DEM) - Division Of
                           Freshwater Wetlands.
                       7)  The applicant shall concurrently submit applications to the DEM and to
                           the CRMC so that a concurrent review of the proposed activities can occur.

                Pursuant to the Council's Section 309 Strategy, the Narrow River and the Salt Ponds
                SAM Plans are being revised as one new SAM Plan. These wetlands mitigation
                requirements will be retained and possible expanded upon. In addition, priority
                sites for restoration of coastal and/or freshwater wetlands will be identified.


                Managenient Measitre Oversight
                For information on the oversight of this management measure, see the
                Management Measure for the Protection of Wetlands and Riparian Areas. It also
                should be noted that, although this management measure does not require
                implementation through enforceable policies, orders to restore damaged or.
                destroyed wetlands are subject to the same enforcement provisions as the
                Management Measure for the Protection of Wetlands and Riparian Areas.
                Therefore, the RICRMP exceeds the requirements of this management measure.



                                                         -9.29-


0




                      Chapter 9                                                                                                            Areas


                      RIDEM Division of Freshwater Wetlands Program

                      Applicability Criteria:
                      States should apply,this management measure to promote the restoration of the full
                      range of wetlands and riparian functions where they can serve a significant
                      nonpoint source pollution abatement function. Enforceable policies are not
                      required.

                      The Fresh Water Wetlands Act empowers the Director of the Rhode Island
                      Department of Environmental Management to -- in the event of a violation of the
                      act or the Rules and Regulations Governing the Administration 'and Enforcement
                      of the Freshwater Wetlands Act --order restoration 6of the disturbed wetland
                      pursuant to the Rhode Island General Laws, Section 2-1-23. The Fresh Water
                      Wetlands Act and the Freshwater Wetlands Regulations apply statewide to any
                      freshwater wetland' including, but not limited, to those areas serving a nonpoint
                      source abatement function.


                      Agency Responsible:
                      The agency responsible for the enforcement of the Rules and Regulations
                      Governing the Administration and Enforcement of the Freshwater Wetlands Act is
                      the Rhode Island Department of Environmental Management, Division of
                      Freshwater Wetlands.


                      Statutory And Regulatory Authority:
                      This management measure does-not require enforceable policies. However,
                      freshwater wetlands policies for Rhode Island are established in the Fresh Water
                      Wetlands Act(RIGL ï¿½2-1-19). The Freshwater Wetlands RegulationS2 are
                      promulgated to administer and enforce the Fresh Water Wetlands Act(RIGL ï¿½2-1-18



                       1 The term Freshwater Wetland means: A Bog plain, pond, marsh, river bank, swamp,  river area of land within fifty feet
				 (50') area(s) subject to flooding area(s) subject to staorm flowage, floodway, flowing of body of water
				stream,intermittent stream. perimeter wetland, submergent and emergent plan communities, special aquatic sites and shrub and 
				frosted wetland:and B. Those are inundated or saturated by surface or groundwater at a frequency or duration sufficient
				of support and that under normal cicrumstances do support, a prevalence of vegitaion typically adapted for 
				life in saturated conditions:and C: Any or all wetlands created as part of or the result of any activity permitted by the
				Department after july 16 1971 including but not limited to: restored wetlands:biofiltration areas: and any 
				created altered or modified after July 16 1971.The Director has sole authority to determine which areas are freshwater wetlands (SI)
				5.39. 2 The term freshwater Wetlands Regulations is interchangeable  with the term Rules and Regulations Governing
				the Admishions and Enforcement of the Freshwater Act for the purpose of this measure.

				





                ro                                                  71011i". I JIT, W-Tirs 0t iiew Areas


                 2-1-24). Restoration of freshwater wetlands may be required under the Freshwater
                Wetlands Regulations (SD3 15.06-A-3(b),(d)&(f)) and the Fresh-Water Wetlands
                Act(RIGL ï¿½2-1-23). These policies go b.eyond the requirements of the management
                measure as they hold regulatory authority.

                Nature of the program:
                The Rhode Island Freshwater Wetlands Program is a regulatory permit program. It
                includes a schedule of fees (SD 8.04) and a schedule of enforcement actions (SD
                15.00-11) authorized by the Fresh Water Wetlands Act(RIGL ï¿½2-1-20.1). Under the
                schedule of enforcement actions in t'he Freshwater Wetlands Regulations, an order
                to restore a freshwater wetland that includes details for restoration and a completion
                deadline, may be required by the Director (SD 15-06-A-3(b)).

                Enforcement


                Enforceable Policies:
                This management measure does not require enforceable policies. However, Rhode
                Island has enforceable policies for activities in all freshwater wetlands. Policies for
                freshwater wetlands are enforced through the Rhode Island Department of
                Environmental Management, Division of Freshwater Wetlands.

                Enforceable policies for freshwater wetlands exist in both the Fresh Water Wetlands
                Act and the Rules and Regulations for the Administration and Enforcement of the
                Freshwater Wetlands Act. The Fresh Water Wetlands Act is a state statute that was
                adopted as part of the Rhode Island General Laws in 1971. This statute is enforced
                via the Freshwater Wetlands Regulations and dictates statewide policy on
                freshwater wetlands. The Act establishes protocol for the exercise of police power to
                protect the purity and integrity of freshwater wetlands (RIGL ï¿½2-1-20..3, 2-1-23 and 2-
                1-24), including the power to order restoration (RIGL ï¿½2-1-23).

                Enforcement Mechanisms:
                This management measure does not require enforcement mechanisms. However,
                Rhode. Island's freshwater wetland policies are enforced through the Rules and
                Regulations for the Administration and Enforcement of the Freshwater Wetlands
                Act.


                In the event of a violation of the Freshwater Wetlands Regulations, the Director of
                the Rhode Island Department of Environmental Management has the power to
                undertake enforcement actions, which may include an order to restore (SD 15.06-A-
                3(b)). Additional information on the enforcement of restoration of freshwater
                wetlands can be found in the Management Measure for the Protection of Freshwater
                Wetlands.


                Implementation of the Management Measure

                3 SD precedin- a ntunhcr indicaics thal numhcr rcl'crs toa DEM re-tilaiory section.


                                                      -9-31-







                                                                 TAT41.,00F. "ieï¿½ti7eumirrt Areas



              This management measure is designed to restore damaged nonpoint source
              pollution abatement functions of wetlands and riparian systems in the Section 6217
              Management Area. This management measure does not require enforceable
              policies.

              Going beyond the management measure, Rhode Island has implemented
              enforceable policies for freshwater wetlands. Through the Rules and Regulations
              for the Administration and the Enforcement of the Freshwater Wetlands Act, as
              enforced by the Rhode Island Department of Environmental Management, Division
              of Freshwater Wetlands.

              The Fresh Water Wetlands Act establishes the statutory authority for enforcement
              of freshwater wetland policy. 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 fresh
              water wetlands of this state" (RIGL ï¿½2-1-19).

              Section 2-1-23 of the Rhode Island General Laws states that in, the event of a
              violation of Section 2-1-21 that the Director of the Department of Environmental
              Management may order restoration. If the violator does- not restore the wetland
              within a reasonable period of time, the Director may effect restoration and hold the
              violator liable for the incurred costs. A violator is liable for fines of $1000 per a
              violation (RIGL ï¿½2-1-23).

              OVERALL PROGRAM EFFECTIVENESS:


              Length of time the program has been in existence:
              The original Rules and Regulations Governing the Enforcemolt of the Freshwater
              Wetlands Act became effective in 1972. The most recently developed Regulations
              became effective as of April 7, 1994.

              Degree of Implementation:
              The Freshwater Wetlands Program is fully implemented as defined in the Rules
              and Regulations Governing the Administration and Enforcement of the Freshwater
              Wetlands Act (SD 1.00-19.00).

              Monitoring:
              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 a requirement for monitoring by an independent
              environmental consultant, and a schedule for field inspections. The Department
              also 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.


                                                    -9-32-






                                                                 '%-a,.4T*KVT-tT*5 iirai Areas



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

               Technical Needs:
               The efficiency of enforcement of this management measure could be improved
               through the application of geographic information systems into the Freshwater
               Wetlands Program. The program would also benefit from program-wide
               computerization.








































                                                   -9.33-






               17hapter 9                                                          "ttmir-v-f Areas


               Vegetated Treatment Systems



                                           Vegetated Treatment Systems
                            Promote the use of engineered vegetated treatment
                            systems such as constructed wetlands or vegetated filter
                            strips where these systems will serve a significant NPS
                            pollution abatement function.

                                 *This management measure does not have to be
                                      Implemented with enforceable policies.



               Applicability

               This management measure shall be applied by states where engineered systems of
               wetlands or vegetated treatment sys  .tems can treat NPS pollution.


               Programs Implenting the Measure

               The Vegetated Treatment Svstems Management Measure is currently implemented
               through the Rhode Island Department of Environmental Management's (RIDEM)
               Freshwater Wetlands Program and the Rhode Island Coastal Resources
               Management Program (RICRMP) implemented by the Coastal Resources
               Management Council (CRMC). Relevant sections of these programs are described
               below. More information on these programs and associated permit processes, see
               Chapter 2. In addition, both the RIDEM and the CRMC recommend guidance
               materials, which describe the appropriate use of vegetated treatment systems. The
               Freshwater Wetlands Regulations recommends the use of best management
               practices in accordance with the Rhode Island Stormzvater Design and Installation
               Standards Manual and the Rhode Island Soil Erosion and Sediment Control
               Handbook in Appendix 6, Sections E-6 and E-7. The Council recommends the use of
               these documents in Section 300.6.B.5. The Council has also developed a CRMC's
               Buffer Management Guidance (Appendix I).












                                                       -9.34-






                                                                       W...-MMUNTIVE joirm Areas


                Rhode Island Coastal Resources Management Program

                This measure will be implemented by the Coastal Resources Management Council
                (CRMC)within its jurisdiction in accordance with the requirements of the Rhode
                Island Coastal Resources Management Program (RICRMP). For more information
                about the RICRMP and the overall effectiveness of the program see the section
                pertaining to the Protection of Wetlands and Riparian Areas. Management Measure.

                Implementation of the Measure
                The CRMC currently implements the Vegetated Treatment Systems Management
                Measure through RICRMP Section 150, Coastal Buffer Zones. An amendment to
                the RICRMP Section 210.3, Coastal Wetlands is proposed to further implement the
                measure.


                       1. Policies contained in RICRMP Section 150 Coastal Buffers

                Section 150 of the RICRMP fully implements this management measure through
                enforceable requirements. A coastal buffer zone is defined as:

                       a land area adjacent to a Shoreline (Coastal) Feature that is, or will be,
                       vegetated with native shoreline species and which acts as a natural transition
                       zone between the coast and adjacent upland development" (RICRMP 150.A).

                It is important to note that a coastal %vetland is considered a coastal feature.
                This Section makes the following Findings which recognize the important
                nonpoint source pollution abatement function of wetlands (RICRMP
                150.B.3.(a),(d),(e)) and contain,-; 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
                       Zone must 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 w hen
                       the footprint of the structure is expanded.

                   3.  The vegetation within a buffer zone Must be either retail-led 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


                                                        -9-35-







               Chapter 9                                                                       Areas


                     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.

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

                     2. Proposed amendment to RTCRMP Section 210.3 Coastal Wetlands
               The'following additional policy is proposed to be added to Section 210.3 to further
               implement this measure.

                     It is the Council's policy to protect from adverse effects, and to maintain,
                     wetlands that are serving a significant nonpoint source pollution abatement
                     function while protecting the other existing functions of wetlands and
                     riparian areas. In addition, the Council promotes the restoration of the
                     preexisting functions in damaged and destroyed wetlands and riparian areas,
                     and the use of vegetated filter strips, in areas where these systems can serve a
                     nonpoint source abatement function. (Proposed RICRMP 210.3-C.8)

               Management Measure Oversight
               For information on the oversight of this management measure, see the
               Management Measure. for the Protection of Wetlands and Riparian Areas. It also
               should be noted that, although this management measure does not require
               implementation through enforceable policies, the RICRMP contains detailed buffer
               zone requirements which promote the use of engineered vegetated treatment
               systems. Therefore, the RICRMP exceeds the requirements of this management
               measure.



               RIDEM Freshwater Wetlands Program

               Applicability
               States should apply this management measure to promote vegetative treatment
               systems v%,here they can serve a significant nonpoint source pollution abatement
               function. Enforceable policies are not required.

               The State of Rhode Island has developed several promotional guidance materials
               that complv vvith the management measure. The use of certain documents is
               recommen@ecl in the regulatory text of several Rhode Island state regulatory
               programs. These include, but are not limited to:

                     L      Rltode Island Stornizoater Design and Installation Standards Manual.
                     2.     Rliode Island Soil Erosion and Sediment Control Handbook.
                     3.     Artificial Wetlands for Storntivater Treatment: Processes and    Designs.



                                                       -9.36-






                                                                           'nA&;-.,r-ToTsMF-rors0 iirs-t Areas


                        4.      Storm-:,ater Basin Plant and Landscaping Guide: A Simple Guide for
                                Designers and Communities.

                 These materials are described in more detail in the Implementation section of this
                 management measure.

                 Agency/Program Responsible
                 No Rhode Island agency has exclusive responsibility for promoting the appropriate
                 use of vegetative treatment systems. However, the Rhode Island Division of
                 Freshwater Wetlands is authorized to review and permit all alterations to
                 freshwater wetlands in the state. By definition, as per the Freshwater Wetlands
                 Regulations, alterations to freshwater wetlands may involve constructed freshwater
                 wetlands as well as many other engineered freshwater vegetative treatment systems.
                 However, the regulations do allow maintenance activities such as: limited repairs,
                 and maintenance of approved and pre-existing structures in current use located in
                 wetlands in accordance with Rule 6.01 without. A detailed discussion of exempt
                 maintenance activities can be found in Rule 6.03 of the Regulations. Under the
                 Rules and Regulations Governing the Administration and Enforcement of the
                 Freshwater Wetlands Act (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, SLibmergent'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 anv wetlands created, altered or modified after July 16, 1971.

                 The Director has sole authority to determine which areas are freshwater wetlands.

                 Statutory And Regulatory Authority
                 This management meaSUre does not require enforceable policies. Therefore,
                 statutory and regulatory aUthority need not be established to achieve compliance.

                 The Rhode Island Stortn!07tcr Design and Installation Standards Manual and the
                 Rhode Island Soil Erosion tuid Sedimcnt Control Handl)ook are recommended by
                 the Department of Environmental Management for use as technical guidance but
                 are not required. The Artificial Wetlands for Stormwater Treatment: Processes and
                 Des(gns is intended to describe and promote the use of constructed wetlands to


                                                            -9-37-






                Chapter 9                                                           fflegtiitmira-c Areas


                control nonpoint source polluti:-,n but          not be construed as technique that
                will assist in obtaining any type of permit. The Stormzvater Basin Plant and
                Landscaping Guide: A Simple Guide for Designers and Communities promotes
                special techniques for the use of vegetation in stormwater basins but is not intended
                to assist applicants in acquiring state or local permits.

                Nature of the program
                The Artificial Wetlands for Storn-twater Treatment: Processes and Designs, the
                Stormzvater Basin Plant and Landscaping Guide: A Simple Guide for Designers and
                Communities, the Rliode Island Stormwater Design and Installation Standards
                Manual and the Rliode Island Soil Erosion and Sediment Control Handl)ook are all
                intended to promote the use of vegetative treatment systems as one type of best
                management practice for the management of nonpoint source pollution. Two of
                these, the RI-tode Island Stornizoater Design a 'nd Installation Standards Manual and
                the Rliode Island Soil Erosion and Sediment Control Handbook, are recommended
                in the regulations of the Rhode Island Department of Environmental Management.
                However, use of these guidance documents is not required to obtain a permit.

                Enforcement

                This management measure does not require enforceable policies or enforcement
                mechanisms and Rhode Island does not require the use of vegetative treatment
                systems to obtain a permit from the Rhode Island Department of Environmental
                Management, Division of Freshwater Wetlands. However, Rhode Island has
                enforceable policies for activities in all freshwater wetlands. These include
                requirements for stormwater management and the management of water quality,
                inclusive of the control of nonpoint source pollution. Some of the stormwater
                management practices available to applicants of these programs are.vegetative
                treatment systems.

                Policies for freshwater wetlands are enforced through the Rhode Island Department
                of Environmental Management, Division of Freshwater Wetlands. The jurisdiction
                of the Division of Freshwater Wetlands includes:


                       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, floNving 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, butnot
                       limited to: restored wetlands; value replacement wetlands created to


                                                           -9.38-








                                                                                           Areas


                     compensate for wetland loss such as flood pl:@ in excavitions; biofiltration
                     areas; and any wetlands created, altered or modified after July 16, 1971. (SD
                     5.39)

               As noted in Rule 10.03.A.2 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" and lists 16 measures, methods and best management practices. These
               include a wide variety of measures that fit the requirements of the Management
               Measure for Vegetative Treatment Systems.

               A more detailed discussion of Rhode Island's freshwater wetlands policies can be
               found in Threshold Review Document section titled Management Measure for the
               Protection of Wetlands and Riparian Areas. Stormwater management policies are
               also enforced through several other regulatory mechanisms, including but not
               limited to:


                     1.     The Regulatimis fior the Rliode Island Pollutant Discliarge Eliniination
                            Systcnis.
                     2.     Local Stormwater Ordinances.


               Implementation of the Management Measure

               The Management Measure for Vegetative Treatment,Syste    ms requires coastal states
               to promote engineered vegetative treatment systems, such as constructed wetlands
               and vegetative filter strips, in a manner that %vill abate nonpoint source pollution.
               Rhode Island complies with'this management measure through existing regulatory
               programs, educational guide books, and state policies.

               Though Rhode Island regU1,1tory programs do not require the use of vegetative
               treatment systems to acquire a permit or assent, stormwater and water quality
               management is required. Some of the stormwater management practices available
               to applicants of these programs are vegetative treatment systems.

               Policies for freshwater wetlands are enforced through the Rhode Island Department
               of Environmental Management, Division of Freshwater Wetlands. The jurisdiction
               of the Division of Freshwater Wetlands includes:


                     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 bodv of water, stream, intermittent stream,
                     perimeter wetland, submergent and emergent plant communities, special
                     aquatic sites, and shrub and forested wetland;


                                                     -9-39-






               Chapter 9                                                            MoStiismit-st Areas


                      B.     Those areas that are inundated or saturated by surface or &,-anclwater
                      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)

               As noted in Rule 10-03.A.2, 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 practices as required by the Management Measure for
               Vegetative Treatment Systems:
               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 areas;
                      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;
                      4)@    EnsLtring the maintenance of fish and other wildlife passage;
                      5)     Designing strLICtUres and alterations Outside of flood plain, floodway,
                      areas sLibject to flooding, flo%ving 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
                      erosion and sediment controls in accordance with or equivalent to the latest
                      version of the Rliode Island Soil Erosion and Sediment Control Handbook;
                      7)     Using best management practice selection design criteria in accordance
                      with or eqUivalent to the Rliode Island Stormwater Design and Installation
                      Manual to maximize the control, treatment and maintenance of stormwater
                      flows;
                      8)     Minimizing imper\,ious SLirface areas such as roads, parking, paving or
                      other surfaces;



                                                         -9.40-






                                MEL                                             Wit-railrat Areas


                      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.

               A more detailed discussion of Rhode Island's freshwater wetlands enforceable
               policies can be found in the Threshold Review Document section titled
               Management Measure for the Protection of Wetlands and Riparian Areas.

               Noteworthy for this management measure, the Rhode Island Department of
               Environmental Management recommends guidance materials that describe the
               appropriate use of vegetative treatment systems. The F 'reshwater Wetlands
               Regulations recommends the   use of best management practices in accordance with
               the Rhode Island Stori7avater Design and Installation Standards Manual and the
               Rhode Island Soil Erosion and Sediment Control Handbook.

               The Rhode Island Stornizoater Design and Installation Standards Manual serves as
               guidance to design professionals in implementing best management practices for
               stormwater pollution abatement. It is recommended to persons applying for
               permits to the Rhode Island Department of Environmental Management. -The
               manual contains information on a variety of vegetative treatment systems and was
               written to be consistent %vith Section 6217 of the Coastal Zone Act Reauthorization
               Amendments. Vegetative treatment svstems described in this manual include:

                      1.    Wet ponds.
                      2.    Extended detention ponds.
                      I     Vegetated filter strips.
                      4.    Grassed Swales.

               The Rhode Island Stornizoater Desipi and Installation Standards Manual was
               initially developed and funded under Section 319 of the Clean Water Act.
               Subsequent funding for the manual was provided under Section 306 of the Coastal
               Zone Management Act.


                                                      -9.41-







               Chapter 9                                                                         Areas



               The Rhode Island Soil Erosion and Sediment Control Handbook provides technical
               information about soil and water resources management. The handbook contains
               sections explaining the proper implementation of vegetative treatment systems for
               soil erosion and sediment control. It is recommended through the regulations of
               various Rhode Island programs as a starting point for the development of best
               management practices. This handbook describes treatment systems such as:

                      1.     Grassed waterways.
                      2.     Detention basins.
                      3.     Level spreaders.
                      4.     Temporary vegetative cover.
                      5.     Permanent vegetative cover.
                      6.     Vegetative streambank stabilization.

               The revised   Rhode Island Rhode Island Soil Erosion and Sediment Control
               Handbook was prepared by the United States Department of Agriculture, Soil
               Conservation Service and the Rhode Island Department of Environmental
               Management. In part, the revision was funded through a Section 319, Clean Water
               Act grant.

               Rhode Island also promotes vegetative treatment systems in non-regulatory
               programs. In 1989, the Department of Environmental Management's Nonpoint
               Source Pollution Management Program developed and published Artificial
               Wetlands for Stornizoater Treatnient: Processes and Designs. This document
               promotes the use of constructed wetlands to abate nonpoint source pollution and is
               recommended to for use by designers, builders and members of the regulatory
               community. Pollutants associated with stormwater runoff, the properties of
               wetlands contributing to pollutant removal, and species of wetland vegetation
               found to have Pollutant removal capabilities are all discussed. Artificial Wetlands
               for Stornizvater TIT17hVent: Proccss and Designs also examines the designs of
               existing constructed @%,etlands, treatment svstem. The Artificial Wetlands for
               Storinmiter Treatinent: Proccsses and Designs was developed under and published
               through a grant pursuant to Section 319 of the Clean Water Act.

               The Nonpoint Source Pollution Management Program has also included
               recommendations for vegetative treatment system implementation in Rhode
               Island's Nonpoint Source Management Plan. Two strong recommendations are
               listed in "Runoff from Developed Areas":

                      F)     Natural buffer strips should be maintained adjacent to surface waters,
                      especially those sensitive to cultural impacts, such as water supply reservoirs
                      and the salt ponds. Where this is not possible, vegetative filter strips, using
                      seed mixtures recommended for this purpose and which require minimal or
                      no fertilization should be used. Guidelines outlined in the "Permanent




                                                        -9.42-






            WIV.                                                      Areas


                Vegetative Cover" secti,-)n of thE revised Rhode Island Soil Erosion and
                Sediment Control Handlyook should be followed. (RIDEM/OEC, 1989, p. 29)

                H)   Install and maintain structural stormwater management measures for
                water qualityand flood control benefits. Acceptable measures include wet
                basins, extended detention dry basins, infiltration systems, oil/water
                separators, vegetative filter strips, and grassed swales as detailed in the
                Stormwater Management and Erosion Control Committee's
                recommendations. (RIDEM/OEC, 1989, p. 29)

            Stormwater Basin Plant and Landscaping Guide: ASimple Guide for Designers and
            Communities exemplifies another Rhode Island effort to promote effective
            stormwater management through vegetative treatment systems. Published by the
            Department of Environmental Management, 'Land Management Project, this
            manual discusses appropriate landscaping for stormw.ater management. The
            manual notes:


                Detention and retention basins and other kinds of man-made stormwater
                ponds are an increasingly common method Of runoff control and treatment.
                An often overlooked but key aspect of the design of these basins is
                landscaping. Proper landscaping contributes to several important basin
                functions. (Land Management Project, 1991, p-1)

            The manual goes on to discuss topics such as:

                1.   Plant selection.
                2.   Landscaping tips and establishment techniques.
                3.   Plant'species for stormwater basin landscaping.
                4.   Characteristics of primary species for stormwater basin landscaping.


            Overall Program Effectiveness

            Length of time the program has been in existence:
            The original Rules and Regulations Governing the Enforcement of the Freshwater
            Wetlands Act became effective in 1972. The most recently developed Regulations
            became effective as of April 7, 1994.

            Degree of Implementation:
            The Freshwater Wetlands Programis fully implemented as defined in the Rules
            and Regulations Governing the Administration and Enforcement of the Freshwater
            Wetlands Act (SD 1.00-19.00).

            Monitoring:
            The Department of Environmental Management monitors the implementation of
            this management measure by monitoring the implementation of its permit


                                         -9.43-







              Chapter 9                                                                  Areas


              requirements. Permits for large projects and project..: of particular concern will often
              contain stipulations such as a requirement for monitoring by an independent -
              environmental consultant, and a schedule for field inspections. The Department
              also 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 management measure -requires the availability of enforcement
              staff. The Division of Freshwater Wetlands currently has only 7 enforcement staff.
              Accordingly, the Department of Environmental Management may need some
              additional financial resources to more effectively enforce the Management
              Measures of the Urban Chapter.

              Technical Needs:
              The efficiency of enforcement of this management measure could be improved
              through the application of geographic information systems into the Freshwater
              Wetlands Program. The program WOLIld also benefit from programwide
              computerization.

              Rhode Island Storinwater Design and Installation Standards Manual

              The Rhode Island Stor?nWater Design and Installation Standards Manual serves as
              guidance to design professionals in implementing best management practices for
              stormwater pollution abatement. It is recommended to persons applying for
              permits to the RIDEM, the CRMC, and any Rhode Island municipality that has a
              stormwater ordinance. The manual contains information on a variety of vegetated
              treatment systems and was written to be consistent with Section 6217 of the Coastal
              Zone Act Reauthorization Amendments. Vegetated treatment systems described in
              this manual include:


                    1. Wet ponds.
                    2. Extended detention ponds.
                    3. Vegetated filter strips
                    4. Grassed swales.


              The Rliode Island Storruzoater Design and Installation Standards Manual was
              initially developed and funded under Section 319 of the Clean Water Act.
              Subsequent funding for the manual v%,as provided under Section 306 of the Coastal
              Zone Management Act.

              Rhode Island Soil Erosion and Sediinent Control Handbook


              The Rhode IS117nd Soil Erosion and Sedinient Control Handbook provides technical
              information about soil and water resource management. The handbook contains
              sections explaining the proper implementation of vegetated treatment -systems for


                                                    -9.44-






               Chapter 9                                                                     Areas


               soil erosion and sediment control. It is recommended through the regtL!,Itions of
               various Rhode Island programs as a starting point for the development of best
               management practices. This handbook describes treatment systems such as:

                      I. Grasses waterways.
                      2. Detention basins.
                      3. Level spreaders.
                      4. Temporary vegetative cover.
                      5. Permanent vegetative cover.
                      6. Vegetative streambank stabilization.

               The revised Rhode Island Erosion and Sediment Control Handbook was prepared by
               the United Statres Department of Agriculture, Soil Conservation Service and the
               RIDEM. In part, the revision "'as funded through   a Section 319, Clean Water Act
               grant.

               Non-Regulatory Programs

               Rhode Island also promotes vegetative treatment systems in non-regulatory
               programs. In 1989, the RIDEM's Nonpoint-Source Management Program developed
               and published Artificial 11VcHands for Stormwater Treatment: Processes and
               Designs. This document promotes the use of constructed wetlands to abate
               nonpoint source pollution and is recommencled for use by designers, builders and
               members of the regulatory community. Pollutants associated with stormwater
               runoff, the properties of wetlands contributing to pollutant removal, and species of
               wetland vegetation found to have Pollutant removal capabilities are all discussed.
               Artificial Wetlands for Stormwater Treatnient: Processes and Designs also examines
               the desings of existing constructed wetlands treatment systems. The Artificial
               Wetlands for Stormwatcr Treatment: Processes anti Designs, was developed under
               and published by the RIDEM, Nonpoint Source Management Program, through a
               grant pursuant to Section 319 of the Clean Water Act..

               The Nonpoint Source Management Program has also         included recommendations
               for vegetative treatment svsvtem implementation in      Rhode Island's Nonpoint
               Sotirce Managenient Plan. Two strong recommendations are listed in "Runoff from
               Developed Areas":

                      F. Natural buffer strips should be maintained adjacent to surface waters,
                      especially those sensitive to Cultural impacts, such as water supply reservoirs
                      and. the salt ponds. Where this is not possible, vegetative filter strips, using
                      seed Mixtures recommended for this purpose and which require minimal or
                      no fertilization shOL11d be Used. GUidelines outlined in the "Permanent
                      Vegetative Cover" section of the Rhode island Soil Erosion and Sediment
                      Control Haniffiook (in preparation) should be followed.- (RIDEM/OEC, 1989,
                      p. 29)



                                                       -9.45-






              Chapter 9                                         off%%;%. e-R-TWIfflyk] tr i ii- i i Areas


                     H. Install and maintain structural stormwater management measures for
                     water quality and flood control benefits. Acceptable measures include wet
                     basins, extended detention dry basins, infiltration systems, oil/water
                     separators, vegetative filter strips, and grassed swales as detailed in the
                     Stormwater Management and Erosion Control Committee's
                     recommendations. (RIDEM/OEC, 1989, p. 29)

              Stormzvater Basin Plant and Landscaping Guide: A Siml7le Guide for Designers and
              Communities exemplifies another Rhode Island effort to promote effective     -           I
              stormwater management through vegetative treatment systems. Published by the
              RIDEM, Land Management Project, this manual discusses appropriate landscaping
              for stormwater management. The manual notes:

                     Detention and retention basins and other kinds of man-made stormwater
                     ponds are an increasingly common method of runoff control and treatment.
                     An often overlooked but key aspect of the design of these basins is
                     landscaping. Proper landscaping contributes to several important basin
                     functions. (Land Management Project, 1991, p.1)

              The manual goes on to discuss topics such as:

                     1. Plant selection (species diversity is encouraged).
                     2. Landscaping tips and establishment techniques.
                     3. Plant species for stormwater basin landscaping.
                     4. Characteristics of primary species for stormwater basin landscaping.


























                                                     -9.46-






                Appendix 9A                              Proposed _91 M. _d(t the RICRMP: Wetlands


                                                     Appendix 9A
                                 Proposed Changes to the RICRMP: Wetlands



                Section 140. Setbacks

                A. Definition: a setback is the minimum distance from the inland boundary of a
                    coastal feature at which an approved activity or alteration may take place.

                B. Setbacks shall be maintained in areas contiguous to coastal beaches, coastal
                    wetlands, coastal cliffs and banks, rocky shores, and existing manmade
                    shorelines, and apply to the following categories of activities and alterations:

                    1) Filling, removal, or grading, except when part of an approved alteration
                       involving a water-dependent activity or structure (Section 300.2);
                    2) Residential buildings and garages excluding associated structures (Section
                       110.4);
                    3) New individual sewage disposal systems, sewage treatment plants, and
                       associated sewer facilities excluding outfalls (Section 300.6). Repairs and
                       replacements of existing (permitted) individual sewage disposal systems shall
                       be exempt from the Council's setback requirements;
                    4) Industrial structures, commercial structures, and public recreation structures.
                       that are not water-dependent (Section 300.3); and
                    5) Transportation facilities that are not water-dependent (Section 300.13).

                C.  Setbacks shall extend a minimum distance of either fifty (50) feet from the inland
                    boundary of the coastal feature or twenty-five (25) feet inland of the edge of a
                    Coastal Buffer Zone, whichever is further landward. In areas designated by the
                    Council as Critical Erosion Areas-(Table 2), the minimum distance of the setback
                    shall be not less than 30 times the calculated average annual erosion rate for less
                    than four dwelling units and not less than 60 times the calculated average
                    annual erosion rate for pr6jects proposing more than 4 dwellings units.
                D.  Applicants for alterations and activities who cannot meet the minimum setback
                    standards may apply to the Council for a variance (Section 120).

                E.  The setback provisions do not apply to minor modifications or restoration of
                    structures that conform with all other policies and standards of this program.










                                                         9A.1 -







           Appendix 9A                      VZ1301FAMPU       the RICRNIP: Wetlands


                             Table 2. S-1backs in Critical Erosion Areas.



                  Erosion Category Annual Estimated Setback Distance* Setback Distance"
               (on accompanying maps) Rate (in feet)  (in feet)      (in feet)

                      (A)              2-21/2            75           150
                      (B)               3-4             120           240
                      (C)               4-5             ISO           300
                      (D)               5-6             ISO           360



              4 units or less
              more than 4 units


           Section 150 Coastal Buffe r Zones


           A. DEFINITION


           1. A Coastal Buffer Zo ne is a land area adjacent to a Shoreline (Coastal) Feature that
              is, or will be, vegetated with native shoreline species and which acts as a natural
              transition zone between the coast and adjacent upland development. A Coastal
              Buffer Zone differs from a construction setback (Section 140) in that the setback
              establishes a minimum distance between a shoreline feature and construction
              activities, while a buffer zone establishes a natural area adjacent to a shoreline
              feature that must be retained in, or restored to, a natural vegetative condition
              (Figure 2). The Coastal Buffer Zone is generally contained within the established
              construction setback.


           B. FINDINGS


           1. The establishment of Coastal BLIffer Zones is based upon the CRMC's legislative
              mandate to preserve, protect and., where possible, restore ecological systems.

           2. Vegetated buffer zones have been applied as best management practices within
              the fields of forestry and agrICUltUre since the 1950s to protect in-stream habitats
              from degradation by the illpUt of sediment and nutrients (Desbonnet et al 1993)_.
              More recently, vegetated buffer zones have gained popularity as a best
              management practice for the control and abatement of nonpoint source
              pollutants (contaminated runoff) and are routinely applied in both engineered
              and natural settings (Desbonnet et al 1993; EPA 1993).

           3. Coastal Buffer Zones provide multiple uses and multiple benefits to those areas
              where they are applied (Desbonnet et al 1993). The multiple uses and benefits of
              Coastal Buffer Zones include:






                                             9A.2 -





               Appendix 9A                                           -"-6- the RICRMP: Wetlands

                         Figure 2 An example of the application ok*.i Coasta! Buffer Zone.




                                                               Boundary of
                                                             Construction Area


                                    Inland Edge or the  Buffer
                                    Coastal Feature    Boundary
                                                                   EE ffi

                               Coastal                      Lawn
                                            511' %',V,,to,vd
                               Feature

                                                   75' C RINIC Soback


                                                            CRNIC VHI'Juri@dic





                  (a) Protection of Water Quality: Buffer zones along the perimeter of coastal water
                     bodies can be effective in trapping sediments, pollutants (including oil,
                     detergents, pesticides, herbicides, insecticides, wood preservatives and other
                     domestic chemicals), and absorbing nutrients (particularly nitrogen) from
                     surface water runoff and groundwater flow. The effectiveness of vegetated
                     buffers as a best management practice for the control of nonpoint source
                     runoff is dependent upon their ability to reduce the velocity of runoff flow to
                     allow for the deposition of sediments,. and the filtration and biological
                     removal of nutrients within the vegetated area. In general, the effectiveness
                     of any vegetated buffer is related to its width, slope, soil type, and resident
                     species of vegetation. Effective buffers for nonpoint source pollution control,
                     which remove at least 50%, and up to 99%, of sediments and nutrients
                     entering them, range from 15 feet to 600 feet in width.
                     The removal of pollutants can be of particular importance in areas abutting
                     poorly flushed estuaries that are threatened by an excess of nutrients or are
                     contaminated by runoff water, such as the South Shore Salt Ponds and the
                     Narrow River. Large, well flushed water bodies, such as Narragansett Bay, are
                     also susceptible to nonpoint source pollutant inputs, and can be severely
                     impacted by nonpoint Source pollutants as has been documented in studies
                     completed for the Narragansett Bay Project.
                  (b) Protection of Coastal Hal7itat: Coastal Buffer Zones provide habitat for native
                     plants and animals. Vegetation within a buffer zone provides cover from
                     predation and climate, and habitat for nesting and feeding by resident and
                     migratory species. Some species which use coastal buffer zones are now
                     relatively uncommon, while others are considered rare, threatened or
                     endangered. These plants and animals are essential to the preservation of
                     Rhode Island's valuable coastal ecosystem.
                        The effectiveness of vegetated buffers as wildlife habitat is dependent
                                                                   EE




















































                                                       9A.3 -



                Kppendix 9A                         @ WrITIMIMM ,       L-A OWN I M

                       upon bLZ'er width and vegetation type. In general, the wider the buffer the
                       greater its value as wildlife habitat. Larger buffer widths are typically needed
                       for species that are more sensitive to disturbances (e.g., noise). Furthermore,
                       those buffers that possess vegetation native to the area provide more valuable
                       habitat for sustaining resident species. A diversity of plant species and types
                       (e.g., grasses, shrubs and trees) promotes biodiversity within the buffer area,
                       and the region overall.
                    (c) Protection of Scenic and Aestlietic Quality: One of the primary goals of the
                       Council is to preserve, protect, and where possible restore the scenic value of
                       the coastal region in order to retain the visual diversity and unique visual
                       character of the Rhode Island coast as seen by hundreds of thousands of
                       residents and tourists each year from boats, bridges, and such vantage points
                       as roadways, public parks, and public beaches (Section 330). Coastal Buffer
                       Zones enhance and protect Rhode Island's scenic and visual aesthetic
                       resources along the coast. Coastal buffers also preserve the natural character
                       of the shoreline, while mitigating the visual impacts of coastal development.
                       Visual diversity provides for both contrast and relief between the coastal and
                       inland regions, leading to greater aesthetic value of the landscape.
                    (d) Erosion Control: Coastal Buffer Zones provide a natural transition zone
                       between the open coast, shoreline features and upland development. Natural
                       vegetation within a Coastal Buffer Zone helps to stabilize the soil, reduces the
                       velocity of surface water runoff, reduces erosion of the soil by spreading
                       runoff water over a wide area, and promotes absorption and infiltration
                       through the cletrital (leaf) layer and underlying soils. The extensive root
                       zones often associated with buffer zone vegetation also help prevent
                       excessive shoreline erosion during coastal storm events by stabilizing
                       underlying soils.
                   (e) Flood Control: Coastal BUffer Zones aid in flood control by reducing the
                       velocity of runoff and by encouraging infiltration of precipitation and runoff
                       into the ground rather than allowing runoff to flow overland and flood low
                       lying areas. In addition, Coastal Buffer Zones often occupy the flood plain
                       itself and thus add to coastal flood protection.
                   (f) Protection of Historic and ArClIaeological Resources: Coastal Buffer Zones
                       protect areas of cultural and historic importance such as archaeological sites
                       by helping prevent intrusion while protecting the sites' natural
                       surroundings.

                C. 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 Zone must balance
                   this mandate with the property owner's rights to develop and use the property.





                                                       - 9A.4 -






                Appendix 9A


                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 Section3.00-13; 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.

                4.  Coastal Buffer Zones shall remain covered with native flora and in an
                    undisturbed state in order to promote the Council's goal of preserving,
                    protecting, and restoring ecological systems. However, the Council may permit
                    minor alterations to Coastal Buffer Zones that facilitate the continued enjoyment
                    of Rhode Island's coastal resources. All alterations to Coastal Buffer Zones or
                    alterations to the natural vegetation (i.e., areas not presently maintained in a'
                    landscaped condition) within the Council's jurisdiction shall be conducted in
                    accordance with the standards contained in this section as well as all other
                    applicable policies and standards of the Council. In order to ensure compliance
                    with these requirements, the Council may require applicants to submit a Buffer
                    Zone Management Plan.

                5.  In order to enhance conservation, protect water quality, and maintain the low
                    intensity use characteristic of Type 1 and 2 waters, greater buffer widths shall be
                    applied along the coastline abutting these water types.

                6.  In critical areas and when the property owne   r owns adjoining lots, these lots shall
                    be considered as one lot for the purposes of applyi  'ng the values contained in
                    Table 2a and ensuring that the appropriate buffer zone is established.

                D. STANDARDS


                1.  All Coastal Buffer Zones shall be measured from the inland edge of the most
                    inland Shoreline (Coastal) Feature.

                2.  Coastal Buffer Zone Rcquirements for Ne7v      Residential Development: The,
                    minimum Coastal Buffer Zone requirements for new residential development
                    bordering Rhode Island's shoreline are contained in Table 2a. The Coastal Buffer
                    Zone requirements are based upon the size of the lot and the CRMC's designated
                    Water Types (Type I - Tvpe 6). Where the buffer zone requirements noted above
                    cannot be met, the applicant may request a variancein accordance with Section


                                                           9A.5 -



                           Appendix 9A                                                @ WMMAMM                        %.-                                                           d

                                     Table2a. Gj-stal Buffer Zone designations for re-iential development.

                                                                                                   Water Use Category
                                             Residential Lot Size                  Type                                                   Type
                                                      (sq. ft.)                 3,4,5 & 6                                                 1&2
                                                                                                     Required Buffer (ft)
                                                     <10,000                          15                    ....................            25
                                                 10,000 - 20,000                      25                    ....................            50
                                                 20,001 - 40,CM                       50                    ....................            75
                                                 40,001 - 60,000                      75                    ....................            100
                                                 60,001 - 80,000                      RX)                   ....................            125
                                                 80,001 - 200,M)                      125                   ....................            150
                                                     >200,000                         150                   ....................            200


                                120. A variance to 50%, of the required buffer width may be granted
                                administratively by the Executive Director if the applicant has satisfied the
                                burdens of proof for the granting of a variance. Where it is determined that the
                                applicant has not satisfied the burdens of proof, or the requested varriance is in
                                excess of 50%, of the required width, the application shall be processed as a
                                "Category B" application (Section 110).

                          3.    Coastal Buffer Zone Requirements for Existing Residential Structures that
                                Expand the Footprint of the Structure and for Structures Required by the
                                RIDEM to Modifil or Expand tin Existing Septic System: When an existing
                                residential structure does not meet the Council's Coastal Buffer Zone
                                requirements contained in Table 2a (e.g., the existing structure does not have a
                                buffer zone or has a buffer zone with a width less than the value contained in
                                Table 2a), the following Coastal Buffer Zone requirements shall apply to each
                                modification of the residential structure until the property's Coastal Buffer Zone
                                equals, but does not exceed, the value contained in Table 2a:

                                (a) Where alterations to a residential structure result in the expansion of the
                                     structure's footprint (square footage of the ground floor area encompassed by
                                     the structural foundation of an existing building), the Coastal Buffer Zone
                                     requirement shall be established with a width equal to the percentage increase
                                     in a structure's footprint as of April 15, 1994 multiplied by the value
                                     contained in Table 2a ([square foot increase of footprint/ square footage as of
                                     April 15, 1994] X value contained in Table 2a = Coastal Zone Buffer
                                     Requirement);
                                (b) Where alterations to a residential structure result in an increase in flow to
                                     the Individual Sewage Disposal System (ISDS) and the RIDEM has required
                                     the modification or expansion of the existing ISDS, the Coastal Buffer Zone
                                     requirement shall be established with a width equal to 25Yo of the value
                                     contained in Table 22a (0.25 X value contained in Table 2a = Coastal Buffer
                                     Zone requirement).




                                                                                          - 9A.6 -






                                                          Proposed                  RICRMP: Wetlands


                    These requirements only apply to category "A" and "B" assents. In additi.- -i, the
                    Executive director shall have the authority to grant a variance to these
                    requirements for category "A" assents. in accordance with the burdens of proof
                    contained in Section 120.

                 4.. Coastal Buffer Zone Requirements for all Commercial and Industrial
                    development and activities suliject to tlie requirements of Section 300.8, Section-
                    300-13, or Section 320: Coastal Buffer Zones shall be determined on a case-by-case
                    basis by the Council. Table 2a may be used as appropriate guidance. However,
                    depending on the activity proposed and its potential impacts on coastal
                    resources, the Council may require a Coastal Buffer Zone with a width greater
                    than that found in the Table 2a.

                 5. All property abutting critical habifat areas.,as defined by the Rhode Island
                    National Heritage Program or the Council, shall possess a minimum vegetated
                    buffer zone of 200 feet between the identified habitat and any development area.
                    The Executive director shall have the authority to grant a variance to these
                    requirements in accordance with the burdens of proof contained in Section 120.

                 6. All property abutting Coastal Natural Areas (Section- 210.4) shall have a
                    minimum vegetated Coastal -Buffer Zone of 25 feet from the inland edge of the
                    coastal feature. The ExeCLItive director shall have the authority to grant a
                    variance to these requirements in accordance with the burdens of proof
                    contained in Section 120.

                 7. All property located within the boundaries of a Special Area Management (SAM)
                    Plan approved by the Council shall meet additional buffer zone requirements
                    contained within these SAM plans. When a SAM plan's buffer zone
                    requirements apply, the buffer width values contained in this section will be
                    compared to those required by the SAM plan, and the larger of the buffer widths
                    applied.

                 8. The setback (Section 140) for all new residential, commercial, and industrial
                    structures shall exceed the Coastal Buffer Zone requirement by a minimum of 25
                    feet for fire, safety, and maintenance purposes. Where the 25 foot separation
                    distance between the inland edge of the buffer and construction setback cannot be
                    obtained, the applicant may request a variance in accordance with Section 120.
                    The Executive Director shall have the authority to grant variances to this
                    requirement. However, a vegetated Coastal BLIffer Zone shall not directly contact
                    any dwelling's footprint.

                 E. BUFFER MANAGEMENT AND MAINTENANCE REQUIREMENTS

                 1. All alterations within established Coastal Buffer Zones or alterations to natural
                    vegetation (i.e., areas not presently maintained in a landscaped condition) within
                    the Council's jurisdiction may be required to submit a Buffer Zone Management


                                                           9A.7 -







              Appendix 9A                                                        PA FM F&VA I U


                  Plan for the CF-.. )uncil's approval that is consistent with the requirements of this
                  section and the Council's most recent edition of Buffer Zone Management
                  Guidance. Buffer Zone Management Plans shall include a description of all
                  proposed alterations and methods of avoiding problem areas such as the proper
                  placement and maintenance of pathways. Applicants should consult the
                  Council's most recent edition of Bu r Zone Management Guidance when
                  preparing a buffer management plan.

              2.  In order to promote the Council's goal to preserve, protect and, where possible,
                  restore ecological systems, Coastal Buffer Zones shall be vegetated with native
                  flora and retained in a natural, undisturbed condition, or shall be properly
                  managed in accordance with the Council's most recent edition of Buffer Zone
                  Management Guidance. Such manag ment activities compatible with this goal
                  include, but are not limited to:

                  (a) Shoreline Access Paths: Pathways which provide access to the shoreline are
                     normally considered permissible provided they are less than or equal to 6 feet
                     wide and follow a path that minimizes erosion and gullying within the buffer
                     zone (e.g., a winding, but direct path). Pathways should avoid, or may be
                     prohibited in, sensitive habitat areas, including, but not limited to, coastal
                     wetlands. Pathways may be vegetated with grasses and mowed, or may be
                     surfaced with crushed stone or mulch.
                  (b) View Corridors: Selective tree removal and pruning and thinning of natural
                     vegetation may be allowed within a defined corridor in order to promote a
                     view of the shoreline. Only the minimal alteration of vegetation necessary to
                     obtain a view shall be acceptable to the Council. Shoreline access paths shall
                     be located within view corridors to the maximum extent practicable in order
                     to minimize disturbance of Coastal Buffer Zones. View corridors shall be
                     prohibited in sensitive or critical habitat areas.
                  (c) Halfitat Management: Management of natural vegetation within a buffer
                     zone to enhance wildlife habitat and control nuisance and non-native species
                     of vegetation may be allowed. Homeowner control of pest species of
                     vegetation such as European bittersweet and nuisance species such as poison
                     ivy is normally considered acceptable. However, the indiscriminate use of
                     herbicides or ihe clear-CUtting of vegetation shall be prohibited. The use of
                     fertilizers is generally prohibited within the Coastal Buffer Zone except when
                     used to enhance the replanting of native vegetation (e.g., hydro-seeding)
                     approved by the Council. Howev     11, the clearing or outright elimination of
                     natural vegetation for such purpo es as controlling ticks or pollen shall not be
                     permitted.
                  (d) Safe(il and Welfare: Selective tree removal, pruning and thinning of natural
                     vegetation within a Coastal Buffer Zone may be allowed by the Council on a
                     case-by-case basis for proven safet and welfare concerns (e.g., removal of a
                     damaged tree in close proximity to a dwelling). In order to promote child
                     safety and manage pets in areas harboring ticks, fences along the inland edge
                     of a Coastal Buffer Zone and along shoreline access pathways may be


                                                        9A.8 -





                -Appendix 9A                          @Utfjgnm-              4111MIat"V my M-M


                       permittcc.
                    (e) Shoreline Recreation: The CRMC recognizes that shoreline recreation is one
                       of the predominant attractions for living on, or visiting the Rhode Island
                       Coast. In order to allow for such uses, minor alterations of buffer zones may
                       be permitted along the shoreline if they are determined to be consistent with
                       the Council's requirements. These alterations may include maintaining a
                       small clearing along the shore for picnic tables, benches, and recreational craft
                       (dinghies, canoes, day sailboats, etc.). Additionally, the CRMC may allow
                       small, non-habitable 'structures including storage sheds, boat houses and
                       gazebos within Coastal Buffer Zones, where appropriate. However, these
                       structures may be prohibited in sensitive or critical habitat areas. Due to the
                       potential for these structures to impact values provided by Coastal Buffer
                       Zones, the Council shall exercise significant discretion in this area.


                210.3. Coastal Wetlands


                A. DEFINITIONS


                1.  Coastal wetlands include salt marshes and freshwater or brackish wetlands
                    contiguous to salt marshes or physiographical features. Areas of. open water
                    within coastal wetlands are considered a part of the wetland. In addition, coastal
                    wetlands also include freshwater and/or brackish wetlands that are directly
                    associated with non-tidal coastal ponds and freshwater or brackish wetlands that
                    occur on a barrier beach or are separated from tidal waters by a barrier beach.

                2.  Salt marshes are areas regularly inundated by salt water through either natural or
                    artificial water courses and where one or more of the following species
                    predominate: smooth corcigrass (Spartina alterniflora), salt meadow grass
                    (Spartina patens), spike grass (Distichlis spicata), black rush (Juncus gerardi),
                    saltworts (Salicornia spp.), sea lavender (Limonium carolinianum), saltmarsh
                    bulrush (Scirpus spp.), high tide bush (Iva frUtescens).

                3.  Contiguous freshwater wetlands are those wetlands which      border directly on salt
                    marshes or brackish wetlands or physiographical features and which, except for
                    size limitations, meet the definition of bog, marsh, swampi or pond under the
                    Rhode Island Freshwater Wetlands Act (R.I. General Laws, Section 2-1-18 et seq.).
                    All contiguous freshwater wetlands are protected under this Program, regardless
                    of their size.


                4.  Contiguous brackish wetlands are those wetlands which border directly on salt
                    marshes and where one or more of the following species predominate: tall reed
                    (Phragmites communis), tall cordgrass (Spartina pectinata), broadleaf cattail
                    (Typha latifolia), narrowleaf cattail (Typha angustifolia), spike rush (eleocharis
                    rostellata), chairmaker's rush (Scirpus americana), creeping bentgrass (Agrostis
                    palustris), sweet grass (Hierochloe odorata), or wild rye (elymus virginicus).


                                                          9A.9 -



                F-ppendix 9A                       @Vrmkw_ a                                               d


                5. High salt marsh is defined as that portion of the salt marsh that typically is
                   flooded by spring, moon, or other flooding tides but otherwise is not flooded on a
                   daily basis. The vegetative composition of high salt marsh typically consists of
                   one or more of the following: salt meadow grass (Sl2artina patens), spike grass
                   (Distichlis spicata), black rush (Tuncus gerardi), tall reed (Phragmites communis),
                   Sea Lavender (Limonium carolinianum), tall cordgrass (512ar6na 12ectinata),
                   saltmarsh bulrushes (Scirl2us spp.), and high tide bush (Ju frutescens).
                6. Low salt marsh is defined as that portion of the salt marsh that is flooded daily.
                   The vegetative composition of the low salt marsh typically consists
                   predominantly of smooth cordgrass (Spartina alterniflora).

                B. FINDINGS

                1. Coastal wetlands are important for a variety of reasons. They provide food and
                   shelter for large populations of juvenile fish and are nurseries for several species
                   of fish. The mud flats and creeks associated with many coastal wetlands are rich
                   in shellfish, particularly soft-shelled clams. Coastal wetlands also provide
                   important habitat for shore birds and waterfowl, and many are among the most
                   scenic features of the Rhode Island shore. Coastal wetlands are effective in
                   slowing erosion along protected shores and can serve as a valuable nonl2oint
                   source pollution abatement function.

                2. Much of the original acreage of coastal wetlands in Rhode Island has been
                   destroyed, and the pressures to fill coastal wetlands continue. Downtown
                   Providence, much Of QUonset, and marty other low-lying coastal communities
                   are built on what was once coastal wetland. We do not know how much coastal
                   wetland has been destroyed by development, but some 10 percent of our coastal
                   wetlands of 40 acres or more is reported to have been filled between 1955 and
                   1964. Since coastal wetlands are found in sheltered waters, they frequently
                   coincide with attractive sites for marinas and waterfront homes. The pressures
                   to fill or otherwise alter coastal wetlands therefore remain. According to a 1975
                   survey, there are some 3,700 acres of salt marsh in the state, of which some 10
                   percent were fringe marshes less than five yards wide. Approximately 90 percent
                   of the state's salt marshes abUt Type I and 21 waters.

                3. Most of Rhode Island's vvetlimcls are small and, when viewed in isolation, may
                   appear to be of insignificant VillUe. In order to better understand the value of
                   individual coastal wetlands, the Council has sponsored research to investigate
                   the feasibility of rating the relative value of individual coastal wetlands. Two
                   years of research revealed that it is not possible to rate coastal wetlands if all
                   ecological considerations are given equal weight. The study also showed that
                   there is little if any correlation between the perceived scenic coastal wetland and
                   its ecological characteristics.




                                                     - 9A.10 -






                                                         Proposed            MIMNIW@ it M P:


                4. Land uses and activities abutt ing coastal wetlands ma,,- have a strong impact upon
                   the wetland itself. Nearby drainage patterns, and the capacity of the wetland to
                   function as a natural drainage system, which affects sedimentation processes and
                   the salinity of waters, may easily be altered, resulting in detrimental effects.
                   Wildlife must be protected from harassment. Bulkheading and filling along the
                   inland perimeter-of a marsh prevents inland migration of wetland vegetation as
                   sea level rises.

                5. In light of continuing pressures to alter coastal wetlands, and in accordance with
                   the Council's policy of "no net loss", avoidance and minimization of impacts,
                   and compensation for unavoidable losses are necessary tools for retaining and
                   restoring Rhode Island's coastal wetlands.

                C POLICIES


                1. The Council's goal is to preserve and, where possible, restore coastal wetlands.

                2. To offset past losses in coastal wetlands and unavoidable alterations to surviving
                   coastal wetlands: (a) disturbed wetlands should be restored as directed by the
                   Council or enhanced when possible, and (b) in areas selected on the basis of
                   competent ecological study, the Council will encourage the building of new
                   wetlands.


                3. All alterations to salt marshes and contiguous freshwater or brackish wetlands
                   abutting Type 1 waters are prohibited except for minimal alterations required by
                   the construction or repair of an approved structural shoreline protection facility
                   (see Section 300.7). In Type 1 waters, structural shoreline protection may be
                   permitted only when the primary purpose is to enhance the site as a
                   conservation area and/or a natural buffer against storms.

                4. Alterations to salt marshes and contiguous freshwater or brackish wetlands
                   abutting Type 2 waters are prohibited except for minor disturbances associated
                   with (a) residential docks and walkways approved pursuant to the standards set,
                   forth in Section 300.3, and (b) approved construction or repair of structural
                   shoreline protection facilities.

                5. Coastal wetlands designated for preservation adjacent to Type 3, 4, 5, and 6 waters
                   are identified on maps available for inspection at the Council's offices and at the
                   town halls of coastal cities and towns. In these designated wetlands only the
                   alterations described in #4 above may be permitted. Dredging and filling in these
                   designated coastal wetlands are prohibited. The maps of designated coastal
                   wetlands serve to identify individual wetlands; in all cases precise boundaries
                   shall be determined through a field inspection when proposals that could impact
                   these features are being considered. In support of this goal, the Council
                   advocates a policy of "no net loss" for coastal wetland acreage and functions as a
                   result of coastal development.


                                                         9A.11 -




                Appendix 9A                                             11"41MIM tire R3,103RAT-M PER


                6.  Salt marshes adjacent to Type 3,4,5, and 6 waters that are not designated for
                    preservation may be altered if (a) the alteration is made to accommodate a
                    designated priority use for that water area, (b) the applicant has examined all
                    reasonable alternatives and the Council has determined that the selected
                    alternative is the most reasonable, and (c) only the minimum alteration
                    necessary to support the priority use is made.

                7.  All alterations to coastal wetlands shall be carried out in accordance with Section
                    300.12.


                8.  It is the Council's policy to protect from adverse effects, and to maintain wetlands
                    that are serving a significant nonpoint source pollution abatement function
                    while protecting the other existing functions of wetlands and riparian areas. In
                    addition, the Council promotes the restoration of the preexisting functions in
                    damaged and destroyed wetlands and riparian areas, and the use of vegetated
                    filter strips, in areas where these systems can serve a nonpoint source abatement
                    function.


                300.12. Coastal Wetland Mitigation

                A. DEFINITIONS

                1.  Alterations to coastal wetlands are defined to include, but shall not be limited to:
                    filling, removing or grading (as defined in Section 300.2.A.); dredging and
                    dredged materials disposal (as defined in Section 300.9.A.); and excavation,
                    draining, damming and/or diverting of hydrological flows in a coastal wetland.
                    Furthermore, any activity, including the aforementioned, taking place in an area
                    adjacent to a coastal wetland which impacts the coastal wetland, shall be
                    considered an alteration to coastal wetlands.

               2.   Activities which shall not be con sidered alterations include, but shall not be
                    limited to; minor disturbances associated with the approved construction or
                    repair of shoreline protection facilities in accordance with Section 300.7, minor
                    disturbances associated with approved residential docks and walkways
                    constructed in accordance with standards set forth in Section 300.4, and approved
                    mosquito population control programs.
               3.   For the purposes of this section, mitigation is defined as avoidance and
                    minimization of impacts and compensation for unavoidable losses by creating or
                    restoring coastal wetlands. Mitigation projects are those projects undertaken to
                    compensate for unavoidable losses after impacts associated with a proposed
                    activity have been avoided and minimized to the maximum extent practicable.
                    The Council recognizes the restoration of historic wetlands and the creation of
                    new wetlands as the only acceptable means of compensating for unavoidable


                                                      - 9A.12 -






               Appendix 9A                                            P@ste the RICRMP: Wetlands


                  losses of coast@! wetlands.


               4. Wetland restoration is defined as the re-establishment of a wetland (on the site of
                  an historical wetland) which has been degraded to such an extent that the site
                  performs little or none of its original wetland functions.

               5. Wetland creation is defined as the construction of a new coastal wetland where
                  one had not previously existed.

               6. Mosquito ditching is defined as the maintenance and construction of ditches in
                  coastal wetlands in order to enhance tidal flushing and thereby reduce and
                  control mosquito breeding sites.

               7. Open Marsh Water Management is defined as the maintenance and construction
                  of 'reservoirs and connectors in order to enhance the tidal food web and thereby
                  reduce and control mosquito breeding sites.

               B. POLICIES

               1. In cas es where the Council determines that a coastal wetland may be altered (see
                  Section 210.3.C) or grants a special exception to'a prohibition listed in Section
                  300.12.1) the Council shall require the mitigation of all impacts to the coastal
                  wetland. Permanently lost or significantly altered wetlands shall be replaced
                  through the restoration of an historical wetland or the creation of a new wetland
                  at a site approved by the Council.

               2. The Council shall not grant any variance to the policies, standards, and
                  prerequisites set forth in this section.

               3. Pursuant to the Council's "no net loss" policy, the goal and minimum
                  requirements of wetland mitigation projects shall be the replacement of
                  permanently lost or significantly altered wetlands with wetlands of equal or
                  greater area and ecological value. Mitigation projects shall be carried out in
                  accordance with the standards set forth in section 300.12.E.

               4. Wetlands created or restored for the purposes: of replacing permanently lost or
                  altered coastal wetlands shall be considered wetlands as defined in the RICRMP
                  and subject to the policies contained in Section 210.3 (Coastal Wetlands), Section
                  140 (Setbacks) and Section 150 (Buffer Zones).

               5. Activities listed in Section 300.12.A.2. shall be exempt from mitigation
                  requirements. In addition, wetlands created for the purposes of stormwater
                  management, erosion control, or %vaste management, in accordance with Section
                  300.6, shall not be subject to mitigation requirements.

               6. Applicants proposing to alter coastal wetlands shall submit the application and


                                                       9A.13 -






               Appendix 9A                                            MI.- -Nit. the RICRMP: Wetlands


                  the propo;5cd mitigation plan concv.. rently. In cases where an applicant is
                  proposing an alteration to coastal wetlands prohibited under Section 300-12-D,
                  the applicant shall be required to first meet the burdens of proof contained in
                  Section 130 and obtain a Special Exception. If the applicant obtains a Special
                  Exception, or a Special Exception is not necessary, then the Council shall consider
                  the merits of the proposed alteration.

                  The Council shall not consider the mitigation plan in determining whether an
                  assent shall be granted for the alteration of a coastal, wetland, but shall require
                  mitigation as a condition of the assent. If the Council approves the proposed
                  alteration to a coastal wetland, then the applicant shall obtain the Council's
                  approval of the mitigation plan prior to any alteration of the coastal wetland.
                  The issuance of the assent to alter coastal wetlands subject to mitigation
                  requirements will be based, in part, upon. adequate assurance that required
                  mitigation is feasible and will occur.

               7. To the maximum extent practicable, mitigation projects shall be carried out prior
                  to, or concurrent with, the approved alteration of the coastal wetland.

               8. To the maximum extent practicable, mitigation projects shall be carried out on-
                  site. Where no op-site alternative exists, the Council may consider off-site
                  mitigation within a hydrologically connected area. In circumstances where an
                  overall benefit to the state is demonstrated and no on-site alternative exists, the
                  Council may approve mitigation projects outside the watershed in which the
                  impact, due to the alteration of a coastal wetland, will occur.

               9. In cases where the alteration is temporary, the disturbed wetland shall be
                  restored, to the satisfaction of the Council, immediately following the permitted
                  activity.

               10. In no case shall monetary compensation be considered as an acceptable form of
                  mitigation.

               11. The Council may consider proposals for joint mitigation projects, advanced
                  mitigation projects, and other innovative wetland mitigation approaches, such
                  as mitigation banks, on a case-by-case basis.

               12. The Council recognizes that successful mitigation projects depend on a number
                  of variables including the type of wetland restored or created. Accordingly,
                  replacement ratios contained in section 300.121 shall be considered minimum
                  requirements.

               13. Recognizing that restored and created wetlands require a period of time to
                  become established as functional coastal wetlands, the Council may require the
                  applicant to post 'a bond to ensure compliance with the mitigation plan and other
                  Council stipulations.


                                                        9A.14 -






                                                         Proposed                  RICRMP: Wetlands



                14. Any violation of the approved mitigation plan shall constitute a violation of the
                    assent to alter the existing coastal wetland.

                13. The Council recognizes the nuisance caused by large breeding populations of
                    mosquitos in portions of some coastal wetlands. The Council recognizes that the
                    problem can be effectively controlled by good wetland management practices that
                    include open marsh water management, ditch maintenance and, in some cases,
                    the limited use of pesticides.

                C PREREQUISITES

                1.  Applicants proposing any alteration to coastal wetlands prohibited in Section
                    300.12.1) shall be required to obtain a Special Exception (Section 130) from the
                    Council.


                2.  Applicants proposing alterations to coastal wetlands are required to obtain
                    permits from the Army Corps of Engineers and applicable permits from the
                    Department of Environmental Management. In some cases, mitigation projects
                    will require additional permits from the Army Corps of Engineers and the
                    Department of Environmental Management. Applicants shall consult with these
                    agencies for a determination of the need for additional permits and obtain any
                    required permits prior to undertaking any mitigation activities.

                3.  Mosquito control programs in any coastal wetland area will be considered only
                    when authorization from the DEM Division of Fish and Wildlife, the R.I.
                    Mosquito Abatement Board, and the local municipality has been obtained.
                    Further, applicants should conc urrently obtain a permit from the Army Corps of
                    Engineers. However, in some cases the Council may require the applicant to first
                    obtain an Army Corps of Engineers permit.

                D. PROHIBITIONS

                1.  All alterations to coastal wetlands abutting Type I waters are prohibited except for
                    minimal alterations required for the construction or repair of an approved or
                    pre-existing structural shoreline protection facility (see Section 300.7) and
                    alterations resulting from approved mosquito population control programs.

                2.  Alterations to coastal wetlands abutting Type 2 waters and coastal wetlands
                    designated for preservation adjacent to Types 3,45 and 6 waters are prohibited
                    except for minor disturbances associated (a) residential docks or walkways
                    approved pursuant to the standards set forth in Section 300.4, (b) approved
                    construction or repair of shoreline protection facilities, and (c) approved
                    mosquito population control programs. *

                3.  Alterations to coastal wetlands which are adjacent to Types 3, 4, 5 and 6 waters


                                                         9A.15 -







                Appeiidix 9A
                                                          -Vill


                   and which are not designated for preservation are prohibited unless:

                   (a) the alteration is made to accommodate a designated priority use for that water
                       area;
                   (b) the applicant has examined all reasonable alternatives and the Council has
                     . determined that the selected alternative is the most reasonable; and,
                   (c) only the minimum alteration necessary to support the priority use is made.

                4. The practice of applying broad spectrum persistent pesticides on any coastal
                   wetland area is prohibited.

                5. Future development on any mitigation site is prohibited. All alterations to
                   mitigation sites other than those required to maintain, or enhance the restored
                   or created coastal wetland are prohibited.

                E. ADDITIONAL CATEGORY B REQUIREMENTS

                1. Applicants shall demonstrate to the Council's satisfaction that (a) the proposed
                   alteration will accommodate a priority use, as determined by the adjacent water
                   type, (b) the alternative selected is the most reasonable for supporting that .
                   priority use, and (c) the proposed alteration is the minimum necessary to support
                   that alteration.


                   2. Any mitigation plan Submitted pursuant to this section shall include, but not
                   be limited to, the following:

                   (a) A site plan acci irately depicting- wetlands which will be altered, the proposed
                       mitigation site, existing buffer zones and proposed buffer zones;
                   (b) The size, in terms Of Surface area, of wetlands to be altered and of the
                       proposed mitigation site. Surface areas shall not include buffer zones;
                       however, alterations to existing buffer zones shall be described;
                   (c) A description of existing elevations, soil types, flora species, vegetative
                       densities and habitats in the wetland to be altered and for the proposed
                       mitigation site;
                   (d) A description of the hydrology of the existing wetland site and proposed
                       mitigation site including ground water levels and, where applicable, tidal and
                       salinity ranges of the site and of adjacent inundating waters;
                   (e) A description of any excavation, grading, filling, etc. to be conducted as part of
                       the mitigation plan;
                   (f) A description of species to be planted or seeded, spacing of plantings and/or
                       the density of seeding, the Source of vegetation to be planted, and the source
                       of any organic soils to be introduced at the mitigation site;
                   (g) A sc&edule for implementation of the mitigation plan;
                   (h) Success criteria, which shall include benchmark dates and minimum
                       survivability rates for plantings/seedings;
                   (i) A monitoring program; and,


                                                          9A.16 -







                                                                            i%ao the RICRMP: Wetlands
                                                           ProposedR, WIT

                    0) Evidence of financial security.

                 F. STANDARDS.

                    1. For alterations-. to Coastal Wetlands:

                    (a) Altered coastal wetlands shall be replaced by wetlands of a similar type (as
                        defined in Section 210.3.A) which provide an ecological value equal to or
                        greater than that of the altered wetland.
                    (b) The  following ratios of replacement coastal wetland to permanently altered or
                        lost coastal wetland shall be considered minimum compensation
                        requirements for mitigation projects:

                        i) 2:1, area of coastal wetland restored: area permanently altered or lost.
                        ii) 2:1, area of coastal wetland created: area permanently lost or altered.

                            Specific replacement requirements shall be determined on a case-by-case
                            basis, taking into account such factors as size, type and ecological value of
                            the existing coastal wetland, and the probability of achieving fully
                            functional replacement at the proposed mitigation site. In no case shall the
                            Council consider mitigation projects which do not meet these minimum
                            compensation requirements.

                    (c) Restored and created coastal wetlands shall be subject to buffer zone and
                        setback requirements.

                 2. For mosquito population control

                    (a) Alterations to coastal wetlands undertaken as part of a mosquito control
                        program shall be minimal and shall utilize open marsh water management
                        techniques in accordance with the most recent version of Manual of Methods
                        for'Open Marsh Water Managentent in Rhode Island (RIDEM).
                    (b) Wherever possible, marsh sediments excavated as part of an approved
                        mosquito population control program shall be placed at the terminal end of a
                        pre-existing mosquito ditch identified for abandonment. In cases where such
                        a pre-existing mosqUitO ditch does not exist or is not a feasible sediment
                        disposal site, marsh sediments shall be disposed of at a suitable upland
                        location.
                    (c) Ditches shall be no more than 24 inches wide and not less one foot, nor more
                        than 3 feet, deep.









                                                           9A.17 -







                                                                     n M1. 5 3 1 "11    Measures
                                                                                T.

                                                Chapter 10
                                   Additional Management Measures


                 Land Uses and Threatened and Impaired Coastal Waters:
                 The Rhode Island Division of Planning (RIDOP) has projected an average 20
                 percent growth rate for Rhode Island's suburban and rural communities
                 between 1985 and 2010, compared to a 2.6 percent growth rate in the State's
                 cities, and a statewide growth rate of 9.5 percent. Although 69 percent of the
                 State's population already lives in a coastal city or town, coastal communities
                 are expected to grow more rapidly than the state averages. In addition, based
                 on the projected rate and distribution of growth, the RIDOP estimates that 88
                 percent of the developable lands in Rhode Island could be fully developed by
                 2010 (Land Use 2010: State Land Use Policies and Plan, Appendix 0). The
                 primary land uses which threaten and impair coastal waters due to nonpoint
                 sources of pollution are associated with this projected development.
                 Specifically, the primary sources of nonpoint pollution causing or threatening
                 water quality impairments are associated with stormwater runoff from
                 impervious surfaces and failed. or improperly sited or designed ISDS.
                 Accordingly, the major nonpoint source impacts are due to heavy metals, low
                 D.O., bacteria (coliform) and nutrients(The State of the State's Waters - Rhode
                 Island: A Report to Congress, Appendix R).

                 In the 305(b) Report, the nonpoint source assessment of surface waters
                 contained waterbody by waterbody descriptions of the State's. surface waters
                 relative to threats and impairments by nonpoint source pollution. However,
                 resource limitations have prevented a comprehensive update of these
                 assessments since the original in 1990. Should Section 6217 and/or Section
                 319 funds allow, thi s waterbody specific data will be updated and used as a
                 partial basis for developing additional management measures.

                 According to the 1992 305 (b) report, a total of nine percent of the State's
                 coastal waters were considered to be not Supporting designated uses due to
                 both point and no-npoint SOUrces of pollution. In upper Narragansett Bay the
                 non-attainment status can be primarily attributed to point sources such as
                 municipal wastewater treatment facilities and combined sewer overflows.
                 The exact level of nonpoint source pollution contributing to non-attainment
                 status has not been determined for impaired waters, but could be, if resources
                 were available.


                 It has been estimated that seven percent of the State's coastal waters are
                 threatened by nonpoint sources Of Pollution. These waters, which include
                 many of the salt ponds in the SOLIthern part of the State and several coves in
                 Narragansett Bay, are primarily threatened by bacteria, nutrients, metals and



                                                      -10.1-










                    %
                     hapter 10                                                "INZY11 "111
                    7                                                                      no m  Measures


                    petroleun-1 hydrocarbons resulting from urban stormwater runoff.
                    Accordingly, a number of cooperative efforts, by both governmental and
                    nongovernmental organizations, are underway to prevent and mitigate
                    nonpoint sources of pollution to these identified "hot spots" where nonpoint
                    source pollution impacts are known to exist or threaten water quality. Two
                    examples of these types of efforts are discussed in more detail below. In
                    addition, the revised Rliode Island's Nonpoint Source Management Plan
                    (Appendix W), developed in accordance with requirements contained in
                    Section 319 of the Clean Water Act, contains a priority watersheds selection
                    system that sets out an ongoing process for the coordinated targeting of future
                    watershed management efforts to threatened and impaired waters, including
                    estuarine Waters.


                    These efforts are additional management measures, since they often result in
                    controls that exceed (g) Guidance requirements, provide a greater level of
                    pollution control than that which exists elsewhere in the State, and/or are
                    targeted to specific areas that have been determined to be nonpoint source
                    pollu,tion "hot spots" due to existing and anticipated development. These
                    efforts have relied upon coordinated approaches'to ensure the best use of
                    scarce resources in agreed upon problem areas. It is expected that
                    implementation of (g) measures combined with these efforts will go a long
                    way toward minimizing nonpoint source pollution to the State's waters.
                    Therefore, Rhode Island will monitor the effectiveness of these efforts before
                    developing additional measures in accordance with Section 6217
                    requirements.

                    Critical Coastal Areas:
                    One of the requirements of Section 6217 of the 1990 Coastal Zone Act
                    Reauthorization Amendments (CZARA) is that the coastal state must
                    identify and have a continuing process for identifying critical coastal areas
                    adjacent to either:

                           ï¿½ Coastal waters failing to attain or maintain applicable water quality
                             standards or protect designated uses, as determined by the state
                             pursuant-to its water quality planning processes; or,
                           ï¿½ Coastal waters that are threatened by reasonably foreseeable increases
                             in pollution loadings from new or expanding sources.

                    Within these critical coastal areas, any new land uses or expansion of existing
                    land uses shall be subject to management measures in addition to those
                    provided for in the Guidance Specifying Management Measures for Sources
                    of Nonpoint Pollution to Constal Waters (EPA 1993).

                    As noted above, a number of efforts are currently underway in the State
                    which target nonpoint pollution mitigation and prevention efforts to


                                                            -10.2-







                  Chapter 10                                                                  Measures


                  identified problem areas. The F-ilt Pond and Narrow r-:ver Special Area
                  Management Plans are an example of one such ongoing program which
                  provides for implementation of enforceable policies that exceed (g) Guidance
                  management measures. These plans, currently being updated to reflect new
                  water quality and land use data, are discussed below. A second program, the
                  Greenwich Bay initiative, has also been described since it focuses, through a
                  coordinated approach, on a recognized nonpoint source pollution problem
                  area. And, as a third example, a brief description of the newly-developed
                  system for the selection of high priority watersheds, as contained in the
                  revised Rhode Island's Nonpoint Source Management Plan, has been
                  provided. Again, it is important to keep in mind that these are only
                  examples; numerous existing State programs meet Section 6217(b)
                  requirements and are discussed in greater detail in specific source category
                  chapters.

                     Cumulative and Secondary Impacts Study of the Salt Ponds and Narrow
                     River Watersheds and Revised Special Area Management Plans:
                     The CRMC is undertaking a three year Special Area Management Plan
                     (SAMP) revision in an effort to technically update the plans and revise
                     their format. The staff at CRMC evaluated both the "Rhode Island's Salt
                     Pond Region: A Special Management Plan" and the "Narrow.River
                     Special Area Management Plan" and decided to move to a consistent
                     format for SAMPs, which highlights the CRMC's policies and regulations.
                     Each plan will still contain chapters on land use and water quality, critical
                     habitats and living resources. Revised CRMC regulations, policies, and
                     recommendations for municipal and state actions and future research
                     needs will be contained in each chapter. In' addition, more detailed
                     geological processes and storm hazards sections will be incorporated with
                     assistance from the University of Rhode Island.

                     Foremost to the SAMP update, will be a review of, and any necessary
                     revisions to, the boundary maps contained within the plan. These maps
                     delineate the watershed @ounclary and relative density of development
                     within the -vvatershed, which drive the CRMC land use regulations
                     contained within the plan. Any changes in mapping will be derived from
                     the "Cumulative and Secondary Impacts Study of the Salt Ponds and
                     Narrow River Watershed" currently- being conducted by Virginia Lee and
                     the staff of the Coastal Resources Center under a 309 Project of Special
                     Merit Enhancement Grant. As one of the authors of the original SAMP
                     for the Salt Pond Region, Virginia Lee will provide a good retrospective
                     on the SAMP process and scientific methodology to help minimize the
                     time it will take to make revisions to these plans. This study will    -
                     conclude in June of 1995 and will provide new groundwater, nutrient-
                     loading, and bUild-OUt analysis data that will be the basis for any
                     regulation and boundary revisions that may occur. This study will also


                                                          -10.3-






                   Chapter 10                                       WITSIFIVOMM. NO       Mimil Measures


                       provide new GIS coverages within these waters.'As for the State's GIS
                       system, and will be a valuable tool available for users of the system.
                       Currently, preliminary draft maps are being used to discuss policy issues
                       and to get a sense of the existing development status within the areas
                       encompassed by the SAMPs.

                       In conjunction with the nutrient-loa ding analysis and groundwater
                       monitoring, zoning recommendations contained within the existing plans
                       will be reviewed. These recommendations are particularly important in
                       light of the Comprehensive Planning and Land Use Regulation Act which
                       requires each municipality to amend their zoning within sixteen months
                       of state approval of the community's comprehensive plan. Data generated
                       through the build-out analysis, nutrient loading analysis, and the
                       groundwater monitoring will be used in an effort to reexamine the
                       effectiveness of zoning undertaken when the SAMPs were initially
                       adopted.

                       There are finfish and shellfish resources, wetlands and submerged aquatic
                       habitats, and valuable upland habitat for rare and endangered species that
                       are located within these SAMP boundaries and which benefit from a
                       watershed approach to management. Accordingly, the RIDEM Division of
                       Fish, Wildlife, and Estuarine Resources will assist in the update of the
                       "Critical Habitat and Living Resources" chapter, and will add valuable
                       field experience and management recommendations to the existing
                       regulations. The revisions to these sections are in the early stages and
                       should be completed by earl y 1996.

                       Greenwich Bay Initiative:
                       A major priority of the Narragansett Bay Project is the restorzftion of
                       Greenwich Bay, a large embayment in Warwick and East Greenwich that
                       has been closed to shellfishing since December 1992 due to high fecal
                       coliform levels. (However, shellfish harvesting has been recently allowed
                       on a conditional basis, as determined by rainfall events.) Alarmed by the
                       Bay's problems, DEM and the City of Warwick are teaming together to
                       identify and remediate the bay's various pollution sources. The Bay
                       Project is heading up this task for DEM by coordinating the various
                       programs and entities involved. Section 319 funds are being used to
                       support this initiative. Specific features of the program include a door-to-
                       door survey around Greenwich Bay to identify failed septic systems;
                       exploring the feasibility of innovative on-site waste-water technologies;
                       retrofitting storm drains for water quality improvements; promoting best
                       management practices for erosion control; financial support for tie-ins
                       into an existing sewage treatment facility in an identified problem area;
                       financial support for volunteer monitoring of pre- and post-project water
                       quality; shoreline surveys storm drain stenciling; and technical assistance


                                                            -10.4-






                 .Chapter 10                                       -Tore I(TOOT-1 0 VI


                     in the development of marina operations and maintenance plans foz
                     marinas located within Greenwich Bay. In addition to these efforts, the
                     City of Warwick recently passed a $130 million bond referendum, a
                     portion of which will be devoted to supporting sewer tie-ins in areas
                     where septic systems have been determined to be a problem.

                     Based on the results of this initiative, additional steps necessary to further
                     prevent and mitigate nonpoint source pollution impacts, particularly
                     those related to failed and improperly sited or designed septic systems,
                     may be taken in the Greenwich Bay area. However, the development and
                     implementation of such additional steps, which would meet the
                     requirements of additional management measures, would clearly be
                     premature at this time, especially in light of planned water quality
                     research to determine specific causes of, pollution and "hot spots".

                     System for the Selection of High Priority Watersheds:
                     As part of Rhode Island's Nonpoint Source Management Plan recently
                     revised in accordance with Section 319 requirements, a coordinated
                     approach for the selection of high priority watersheds has been
                     developed. The intent of this selection process is to develop a priority
                     system that can be used by all applicable water quality 'agencies in a
                     team approach that will combine funds and resources, including those
                     provided under Section 319, for the greatest benefit to the watershed.
                     The system focuses on four types of waterbodies, including estuarine
                     waters, and lays out a framework for the ongoing identification of, and
                     targeting of resources to%vards, manageable watershed units with
                     identifiable nonpoint source P011LItion problems or threats.
                     Demonstrable %vater qLlallt%' problems, including threats, must exist for
                     a waterbody to be selected as a priority.. Also, all priority waterisheds
                     must be consistent with the following objective.

                     Clean up and protect the waters of the State that are most important
                     for:
                      1. maintaining public health;
                      2. providing public benefit; and,
                      3. providing ecological value.

                     Specific critieria, primarily for threatened and impaired waters, have
                     been developed for the selection of priority watersheds. With regard to
                     estuarine waters, first-tier criteria include public access, recreation
                     (swimming, boating, fishing) commercial habitat, and natural habitat.
                     Second-tier critieria focus on management feasibility and public and
                     financial support.





                                                        -10.5-




                                                                       .M.11

                      RIDEML-i [email protected] Source Pollution Management Program will use
                      the selection process to develop a preliminary list of watersheds. A
                      Technical Advisory Committee consisting of applicable DEM Divisions
                      and other agencies and organizations that are involved in watershed
                      management, will further evaluate the preliminary list of priorities
                      and make a recommendation to the Director of the Department of
                      Environmental Management, who will make the final decision. The
                      watershed priority list will be reexamined on an annual basis to
                      evaluate the management process in high priority watersheds and to
                      determine if new watersheds are ready to be selected for management.

                   The above examples constitute one approach for the establishment of critical
                   coastal areas in Rhode Island and are based on site specific evaluations to
                   determine the extent of the critical coastal area (e.g., the Narrow River
                   watershed). In addition, the CRMC's 200 foot permit jurisdiction also meets
                   the intent of the "critical coastal area" designation as contained in Section
                   6217(b)(2). Within this area,,Aa development activities are subject to special
                   controls, many of which exceed (g) measure'requirements. These controls
                   include erosion and sediment control requirements, setbacks, buffers, and
                   stormwater management.

                   Based on water quality data and development trends, the CRMC and RIDEM
                   will continue to target efforts towards problem areas. Accordingly, it is the
                   State's position that Rhode Island has identified and currently addresses
                   critical coastal areas with respect to Section 6217(b)(2) requirements.

                   Development and Implementation of Additional Management Measures:
                   Since the Coastal Nonpoint Pollution Control Program relies on an iterative
                   approach, Rhode Island xvill implement (g) measures prior to developing
                   additional management Measure as required under Section 6217(b). As
                   previously noted, many existing State programs could meet-the requirements
                   for additional management measures under Section 6217(b). However, as
                   this is contrary to the spirit and intent of the Coastal Nonpoint Pollution
                   Control Program, Rhode Island will develop additional management
                   measures based on -Section 6217 requirements only after (g) measures have
                   been fully implemented, ongoing efforts in targeted watersheds have been
                   completed, and water quality data has been updated and assessed accordingly.

                   The development and implementation of additional management measures
                   prior to evaluation of the results of existing efforts would be premature and
                   possibly undermine those efforts. Again, it is important to understand that
                   Rhode Island is currenth, implementing policies and programs which meet
                   the requirements of Section 6217(b) (1), (2) and (3) in areas where water quality -




                                                            -10-6-






                 Chapter 10                                              MI. ENIF M1
                                                                                    qat mit , Measures


                 standaiJ7 are not being met or ar::@ threatened, and where land uses, both
                 existing and predicted, threaten water quality impairments.

                 Selection of Additional Management Measures
                 Future development of additional management measures will depend upon
                 results of ongoing efforts and (g) measure implementation. 'Should the need
                 for additional management measures be determined, the State would rely on
                 existing authorities and mechanisms for the development and
                 implementation of those measures. For example, if water quality data or land
                 use trends were to indicate that Onsite Sewage Disposal Systems remained a
                 problem in the Salt Ponds region, the CRMC and RIDEM would jointly
                 develop additional regulatory requirements and incorporate relevant
                 portions of the same into each respective program. This approach has been
                 successfully used in the past, and most recently for the development and
                 implementation of denitrification requirements within specific problem areas
                 of the Salt Pond region.

                 Strategy and Schedule
                 Rhode Island will comply with statutory provisions for CNPCP
                 implementation, including the development and implementation of
                 additional management measures. In accordance with current statutory
                 provisions, additional management measures must be implemented by 2004.
                 Regardless of any extensions of existing statutory deadlines, Rhode Island will
                 continue its targeted watershed management efforts. Based on land use and
                 water quality data derived from these efforts, Rhode Island fully expects to
                 develop, implement, and periodically revise regulatory controls that will
                 satisfy the requirements of Section 6217(b).























                                                        -10.7-






               17hapter 11


                                                  Chapter 11
                                             Technical Assistance


               Section 6217(b)(4) requires states to provide for technical assistance to local
               governments and the public for implementing additional management measures.
               Rhode Island has a number of technical assistance programs that will be used to
               assist municipalities and the general public with implementation of additional
               management measures. These programs are briefly described below.


               Nonpoint Source Pollution Management Program.

               Utilizing federal funds under Section 319 of the Clean Water Act, the RI Nonpoint
               Source Pollution Management Program conducts projects and activities consistent
               with Rhode Island's Nonpoint Source Pollution Management Plan. The Plan,
               updated in 1995, includes numerous recommendations relating to technical
               assistance to municipalities and the general public. These recommendations fall
               under the following sixteen categories:

               *  On-Site Sewage Disposal Systems
               -  Surface Runoff
               *  Underground Discharges
               *  Construction Activities
               9  Agriculture
               *  Lawn Care and Grounds Management
               9  Silviculture
               *  Storage Tanks
               *  Hazardous Materials
               *  Road and Bridge Maintenance
               -  Boating Facilities and Activities
               *  Surface Mining Ac tivities
               9  Landfills
               0  Domestic and Wild Animals
               -  Land Use Management
               0  Watershed Management

               The types of technical assistance projects and activities recommended in the Plan
               relate to assistance in developing ordinances and regulations, assistance with site
               plan reviews, training, development of manuals and guidance materials, public
               education and outreach, financial incentives, demonstration projects, and
               technology transfer.






              17hapter 11


               Coastal Resources Management Council

               Provides assistance to municipalities in developing Harbor Management Plans and
               ordinances to address problems including water quality and marine litter.

               University of Rhode Island, Cooperative Extension

               Through the Rhode Island On-Site Wastewater Training Program, provides training
               to planners, regulators, engineers, and contractors on the design, installation,
               operation, and maintenance of alternative OSDS technologies. Conducts training
               and education programs for state and local personnel, contractors, and others
               involved with (1) the siting, design, installation, and inspection of stormwater
               treatment systems; (2) the control of erosion and sedimentation at construction sites;
               and (3) zoning and land use regulations. Assists land owners and local officials in
               preventing water quality degradation from residential and agricultural practices.
               Guides and assists farmers with the development and implementation of integrated
               farm system plans. Provides various forms of technical assistance and outreach to
               the agricultural community concerning nonpoint source pollution management,
               particularly nutrient and pesticide management. Conducts training programs for
               pesticide applicators. Develops and implements pollution prevention, education,
               and training programs that provide guidance to homeowners on proper lawn care
               and gardening practices. Conducts Pollution prevention programs that advocate
               proper storage, use, and disposal of household hazardous materials. Administers
               volunteer water quality -monitoring program.


               University of Rhode Island, Coastal Resources Center

               Conducts public education /Outreach/ training programs for marina operators.
               Promotes, and facilitates the Use of innovative technologies for conducting boat
               maintenance operations at marinas. Produces Environmental Guide for Marinas.
               Provides technical assistance to municipalities to assist them with the incorporation
               of nonpoint source control measures into municipal Harbor Management Plans.
               Conducts training programs for local officials that address zoning and land use
               regulations.


               Rhode Island Conservation Districts

               Provides broad-based COMMUnitV technical assistance program. Assists
               municipalities with reviewing the adequacy of stormwater plans and designs and
               soil erosion and sediment control plans, and conducting site visits for compliance
               with these plans and applicable ordinances. Assists municipalities with the
               development and adoption of ordinances governing stormwater, soil erosion, and
               surface mining operations. Assists Municipalities and land owners with the design






               Chapter 11                                                 M 97" of I I I-F-I W.-MIRM IM 11,40


               and implementation of best management practices and water quality ixl-.i,-@rovement
               -projects. Provides technical reviews of site development proposals for
               municipalities and post-construction site inspection. Assists sand and gravel
               operators with site plan and reclamation plan reviews, site surveys, identification of
               existing and potential problems and recommendation of appropriate best
               management practices.

               Natural Resources Conservation Service

               Guides and assists farmers with the development and implementation of integrated
               farm system plans. Provides various forms of technical assistance and outreach to
               the agricultural community concerning, nonpoint source pollution management.
               Assists landowners with the implementation of conservation practices that control
               erosion, reduce runoff, and manage animal w.astes. Develops and implements
               pollution prevention, education, and training programs that provide guidance to
               homeowners on proper lawn care and gardening practices.


               RI Resource Conservation and Development Area Council

               Assists communities and non-profit organizations with-natural  resource
               management and land use planning issues. Prepares site-specific environmental
               assessments and management plans for communities and non-profit organizations.
               Prepares natural resource inventories. Conducts environmental education
               programs.


               RIDEM, Division of Agriculture

               Guides and assists farmers with the development and implementation of integrated
               farm system plans. Provides various forms of technical assistance and outreach to
               the agricultural community concerning nonpoint source pollution management.
               Coordinates with municipalities through RIDEM's Wellhead Protection Program
               on proper management of pesticides and nitrogenous fertilizers. Develops and
               implements pollutiorv prevention, edUcation, and training programs that provide
               guidance to homeowners oti proper lawn care and gardening practices. Conducts
               training and certification programs for pesticide applicators. Provides technical and
               financial assistance to enCOUrage alternatives to traditional pesticide use.


               RIDEM. Division of Forest Environment

               Advises landowners, woods operators (including loggers, private consultants, etc.),
               on how to conduct forestry operations in accordance with applicable best
               management practices (B@Vs). The Division intends to publish, distribute., and






              Chapter 11                                                            W.A.-PRIF-111-11.2


              conduct training workshops on a BMP Manual for timber harvesting. It also
              provides technical support/ education on urban reforestation, forest conservation
              and mangement, and marketing and utilization of forest products. Additionally,
              the Division administers various federal cost-share programs to promote
              conservation and wise use of our forest resources for a wide variety of purposes.


              RIDEM. Division of Water Resources

              Provides grants to marina operators and municipalities to help them install
              pumpout facilities. Educates boaters and pumpout facility operators regarding the
              use, availability, and importance of pumpout facilities and the prevention of sewage
              discharges. Through the Aquafund Program, provides grants aimed at preventing
              and mitigating stormwater runoff problems. Through the Narragansett Bay Project,
              a wide range of technical assistance and public education/outreach projects are
              carried out, many involving nonpoint source pollution management issues. The
              Bay Project also coordinates RIDEM bay-related activities and cooperative projects
              with local community, government, and watershed organizations.


              RIDEM, Pollution Prevention Program

              Provides grants to industry for the development and demonstration of waste
              reduction and recycling te'chnologies. Performs multi-media source reduction
              assessments for khode Island industries, recommends more effective pollution
              prevention practices, and tracks costs savings and toxic use reductions achieved by
              industries that implement these practices. Conducts statewide household hazardous
              waste recycling, collection, and disposal programs.


              RIDEM, Ocean State CleanuI2 and Recycling Program

              Develops and implements POllUtiO11 prevention, education, and training programs
              that provide guidance to homeowners on proper lawn care and gardening practices.


              RIDOA, Division of PlannLng

              Serves as the clearinghouse for innovative land management techniques that
              protect sensitive environmental resources while accommodating balanced growth.
              Develops technical handbooks and model ordinances and conducts workshops to
              make local officials aware of new land use techniques and the "how to's" of-
              implementation. Under the RI Geographic Information System, provides maps of
              sensitive natural resources in the state.
                                                    -11.4.








           chapter 11 												Technical Assistance



               Consolidated Farm Service Agency

               Administers USDS cost-share programs, including some soil and water
               conservation pract ices.






               'Uhapter 12


                                                       Chapter 12
                                                 Public Participation



                Introduction

                This chapter discusses the public involvement and education activities which have both
                taken place and are planned during the development of the Rhode Island Coastal
                Nonpoint Pollution Control Program (RICNPCF). This chapter does not discuss public
                outreach and education activities related to particular management measures or the
                implementation of the RICNPCP. That discussion is contained in the sections
                addressing those particular management measures.

                Section 6217 of the 1990 Coastal Zone Act Reauthorization Amendments'(CZARA) has
                broad requirements for public participation. It requires states to provide:

                       "Opportunities for public participation in all aspects of the program, including
                       the use of public notices and opportunities for comment, nomination
                       procedures, public hearings, technical and financial assistance, public education,
                       and other means (Section 6217 (b)(5))."

                Accordingly, public involvement, education, and outreach have been an important
                component of Rhode Island's efforts to develop the Rhode Island Coastal Nonpoint
                Pollution Control Program (RIC.NPCP) satisfy the requirements of Section 6217 of
                CZARA and Rhode Island's Nonpoint Source Management Plan (RINSMP) which satisfies
                the requirements of Section 319 of the Clean Water Act (CWA). The goals of the public
                participation efforts pursuant to Section 6217 of CZARA and Section 319 of the CWA
                are to:


                         Provide the public v%,Ith meaningful opportunities to participate in the decision
                         making process through the review and comment on draft work products
                         related to the development of the RICNPCP and the update of the RINSMP;

                         Provide education and outreach opportunities to decision makers, members of
                         nongovernmental organizations, and the general public so that they can more
                         effectively participate in the deveiopment of the RICNPCP and the update of
                         the RINS@IP; and,

                         Provide education and outreach opportunities to build public and political
                         support for the implementation of the RICNPCP and the update of the
                         RINSMP.






                 -Chapter 12

                 The public involvement4nd outreach activiiFes des-ribed in this chapter are ir-tended to
                 achieve these goals and to satisfy the public participation requirements associated with
                 Sections 6217 of the CZARA and 319 of the CWA.


                 Early Public Par   ticipation Efforts

                 Rhode Island's public participation activities began before the Coastal Nonpoint Pollution
                 Control Program: Program Development and Approval Guidaw (EPA and NOAA 1993) and
                 the Guidance Specifying Management Measuresfor Sources of Nonpoint Pollution in Coastal
                 Waters (EPA 1993) were published. In the year leading up to the publication of these
                 guidance documents, the CRMC held numerous informal meetings with the Rhode
                 Island Department of Environmental Management (RIDEM), Office of Environmental
                 Coordination, which implements the RINSMP (DEM 1989) (Appendix W), and the
                 Rhode Island Department of Administration, Division of Planning (R.IDOP) to discuss
                 issues related to the development of the RICNPCP and the update of the RINSMP. The
                 CRMC and the RIDEM, in conjunction with the RIDOP, Soil Conservation Service (SCS),
                 Rhode Island Sea Grant, University of Rhode Island Coastal Resources Center (CRC),
                 and the Rhode Island Cooperative Extension (CE), also sponsored a statewide
                 conference on nonpoint source pollution which focused on the requirements of Section
                 6217 and the development of the RICNPCP.

                 When the Section 6217 guidance was published in January 1993, the CRMC and the
                 RIDEM created a steering committee which included representatives from the CRMC,
                 RIDEM, RIDOP, SCS, CE, and the CRC. In April of 1993, the RIDEM sponsored an
                 interagency workshop where all relevant federal and state agencies were represented.
                 At this wor'kshop it was agreed that the steering committee would be responsible for
                 creating an advisory committee framework which could be used to both develop the
                 IUC.NTCP and update the RINSMP. It was also agreed that strong piiblic involvement,
                 education, and outreach during the development of the RICNPCP was a high priority.


                 Advisory Committee Structure

                 As a result of the steering committee's efforts, the Interagency Nonpoint Source
                 Advisorv Committee (INSAC) was created. The INSAC is co-chaired by the CRMC,
                 RIDEM,  and RIDOP (Figure 12.1). The INSAC reports to the Coastal Resources
                 Management Council and the State Planning Council and coordinates the efforts of the
                 technical advisory subcommittees. It was determined that the majority of the work
                 would be done by the subcommittees and all final work products would be brought
                 before the INSAC for review. These work products include: the update of the RINSMP,
                 draft regulation changes, the Section 6217 Threshold Review Documents, and the
                 RICNPCP submitted to the NOAA and EPA for approval in July 1995.




                                                        -12.2-






            Chapter 12                                                        loll


                Figure III Interagency Nonpoint Source Advisory Comr 4tee F"ucture



                                Interagency Nonpoint Source
                                     Advisory Committee

                             RIDEM Environmental Coordination, Co-Chair
                                       CRMC. Co-Chair
                                       RIDOR Co-Chair



                            Technical Advisory'Subcommittees

                               Agriculture and Forestry
                               Marinas
                               Stormwater and Erosion Control
                               Individual Sewage Disposal Systems
                               Public Outreach and Technical Assistance
                               Monitoring
                               Priority Watersheds
                               Land Use




            Technical Advisory Subcommittees

            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 to assist with the
            development of the RICNPCP and the update of the RINSMP. The subcommittees are
            organized around particular nonpoint sources and federal requirements for Section
            6217 and Section 319. The subcommittees are comprised of key officials from federal,
            state, and local levels of government as well as members of nongovernmental
            organizations and the general public. The steering committee identified appropriate
            groups for representation on the various subcommittees. While the initial membership
            of the subcommittees was reviewed and approved by the INSAC, it was agreed that the
            subcommittees would have the flexibility to expand their membership as needed.
            Subcommittee membership is open to any interested person or organization. ,
            Accordingly, the subcommittee memberships have been expanded to include additional
            representatives. A current list of represented organizations can be found in this chapter
            as well as in Appendix 12A. It should be noted that, due to political and other changes



                                           -12.3-






                 Chapter 12


                 within the State.. some inwvidual agency representatives may have changed during the
                 course of this document's development. In cases where more than one agency
                 representative has served on a committee /subcommittee, the most current reprentative
                 is listed. In all cases, we have tried to acknowledge the valuable contributions of the
                 many committee and subcommittee members and regret any errors or omissions.


                               Interagency Nonpoint Source Advisory Committee


                       The Interagency Nonpoint Source Advisory Committee was established to
                       coordinate, update and expand Rhode Island's nonpoint source pollution
                       control efforts. The primary objectives of this committee are: 1) to advise in
                       the development of Rhode Island's Coastal Nonpoint Source Pollution
                       Control Program (CNPCP) as required by Section 6217 of the Coastal Zone
                       Act Reauthorization Amendments of 1990 (CZARA); 2) to assist in the
                       update of Rhode Island's Nonpoint Source Management Plan (which will
                       then be adopted as an element of the State Guide Plan) in accordance with
                       Section 319 of the Clean Water Act; and, 3) t   o coordinate other nonpoint
                       source pollution control efforts throughout the State with the above
                       objectives. The advisory committee reviews and comments on all work
                       products generated prior to public notice and mediates any disputes or
                       inconsistencies arising at the subcommittee level. The committee will
                       continue to advise on and assist in CNPCP and Nonpoint Source
                       Management Plan implementation as necessary.



                 Membership

                     - RIDEM, Office of Environmental          - CRMC, co-chair
                       Coordination, co-chair                  0 RIDOP, co-chair
                     * NOAA                                    - Office of the Governor
                     - Soil Conservation Service               9 Environmental Protection Agency
                       U.S. Fish and Wildlife Service          * RIDEM, Div. of Water Resources
                       RIDEM, Div. of Groundwater and          - RIDEM, Div. of Freshwater
                       ISDS                                     Wetlands
                       RIDEM, Div. of Agriculture              - RI Dept. of Transportation-
                       RI Dept. of Economic Development        * RI League of Cities and Towns
                       URI, Coastal Resources Center           - RI Dept. of Health
                       URI, Cooperative Extension







                                                          -12.4-






                 Chapter 12


                          4Lgriculture and Foresby Technical Advisory Subcommiftee


                            The Agriculture and Forestry Technical Advisory Subco?nmittee was
                                                       established to.-
                          e Provide and review data relevant to nonpoint source pollution
                            from agricultural and forestry activities and advise the CRMC,
                            RIDEM and RIDOP on the need to address management measures
                            and how to implement thern if necessary;
                          - Review proposed - and recommend new or revised - goals and
                            objectives for incorporation into Rrs Nonpoint Source Plan (Section
                            319);
                          * Review proposed - and recommend new or revised - additional
                            management measures, policies, regulations, statutes, programs
                            and/or recommendations necessary to: (1) comply with Section
                            6217 requirements; (2) meet the goals and objectives set forth in RI's
                            Nonpoint Source Plan; or (3) address water quality problems;
                          - Identify opportunities for enhanced coordination among all
                            organizations associated with nonpoint source pollution on
                            agricultural and forested lands;
                          - Make recommendations pertaining to a four-year Nonpoint Source
                            Management Plan;
                          * Identify and target relevant funding sources for nonpoint source
                            pollution control projects;
                          * Identify technical assistance and public outreach needs; and,
                          - Determine if it is best to form two subcommittees.




                 Membership

                     - RIDEM, Division of Forest               - RIDEM, Division of Agriculture, Co-
                      Environment, Co-Chair                     Chair
                     9 RIDEM Division of Freshwater            0 RIDEM, Office of Environmental
                      Wetlands                                  Coordination
                     - CRMC                                    - Office of the Governor
                     e Soil Conservation Service               * Cooperative Extension
                     - ASCS                                    - RI Farm Bureau Federation
                     - RI Turf Growers Association             - RI Dairy Farmers Group
                     * State Conservation Committee            * RI Agriculture Council
                     - RIDEM, Division of Fish, Wildlife,      - RI Group for Alternatives to
                      and Estuarine Resources                   Spraying Pesticides
                     - Rl Nurserymen's Association             - Urban Forestry Council
                     - 5outhside Community Land Trust          o Conservation Districts



                                                          -12.5-


0




                    Chapter 12						 Public Participation



                                         M            Technical Advisory Subcommittee


                                  The Man              nical Adviso4@ Subcommittee was established to:
                                Advise the             RIDEM and 0RIDOP on how to best implement
                                manageme              ures (relating to marinas and recreational
                                boating) nc            oniented through enforceable state policies;
                                Review prc             and recommend new or revised - goals an:
                                objectives f          ooration into RIs Nonpoint Source Plan.
                              o Review prc             and recommend new or revised - ad2ditior
                                manageme              ures, Policies, regulations, statutes, pro6crarr
                                and/or rec            iations (relating to marinas and recreatione
                                boating) ne,           to (1) comply with Section 6217 requi men     s;
                                (2) meet the           nd objectives set forth in RI's Nonp,  ro  
                                Plan; and (.-          ss existing water uality problems.
                              o Identify opl           ones for enhanced coordination am,      all
                                organizatioi           iated with nonpoint source pollu-      ro
                                marinas anc             tional boating;
                              0 Make recorr            i tions on portions of a four-year N     air
                                Source Man&            it Plan;
                              o Identify and           relevant funding sources for non         po tion
                                control proje,         d,
                              - Identify rele-         chnical assistance and public outrt    i needs.



                    Membership

                          CRMC, Co-Chair                               RIDEM, Div. of Wate: esources,
                          Coastal Resources            r, Co-Chair     Co-Chair
                          RI Marine Trades             ation          RIDEM, Office of Envir -4u4nental
                          Narragansett Bay                              Coordination
                          Save the Bay                                  Environmental Protection Agency
                          Marina Operators                             Office of the Governor
                          RI Shellfishermen Association             International Marina Institute


                          
                          State Conservation Committee                 RI Mobile Sportsfishermen
                            onservation Districts












                                                                  -12.6-
 





                @,-:hapter 12


                   Storm Water and krosion Control T-?chn;-al Advisory Subcommittee


                                           The Storm Water and Erosion Control
                                    Technical Advisory Subcommittee was established to.-
                            Advise the CRMC, RIDEM and RIDOP on how to best implement
                            management measures (relating to storm water and erosion
                            control) not implemented through enforceable state policies;
                            Review proposed - and recommend new or revised - goals and
                            objectives for incorporation into RI's Nonpoint Source Plam-
                            Review proposed - and recommend new or revised - additional
                            management measures, policies, regulations, statutes, programs
                            and/or recommendations (relating to storm water and erosion
                            control) necessary to: (1) comply with Section 6217 requirements;
                            (2) meet the goals and objectives set forthin RI's Nonpoint Source
                            Plan; and (3) address existing water quality problems;
                            Identify opportunities for enhanced coordination among all
                            organizations involved in the control of (inpri-agricultural) nonpoint
                            source pollution associated with storm water and erosion;
                            Make recommendations on portions of a four-year Nonpoint
                            Source Management Plan;
                            Identify and target relevant funding sources for nonpoint pollution
                            control projects; and,
                            Identify relevant technical assistance and public outreach needs.



                Membership

                    - RIDEM, Div. of Water Resources,          * RIDEM, Office of Environmental
                      C  hair                                    Coordination
                    - RIDEM, Div. of Freshwater                - CRMC
                      Wetlands                                 9 RIDOP
                    * RIDEM Division of Groundwater            * RIDOT
                      and ISDS                                 - Conservation Districts
                    - Soil Conservation Service                - Office of Lieutenant Governor
                    * Cooperative Extension                    - Coastal Resources Center
                    e R1 League of Cities and Towns            - State Conservation Committee
                    - R1 Association of Realtors               - RI Builders Association
                    - R1 Society of Professional Engineers     - American Society of Landscape
                    - Office of the Governor                     Architects
                    - Save the Bay                             - Soil and Water Conservation Society
                    * American Planning Association              of America, SNEC




                                                           -12.7-






                  Chapter 12


                                                                                      P
                                      ISI)b Technical Advisory SubcommiW


                                The ISDS Technical Advisory Subcorronittee was established to.-
                           o Advise the CRMC, RIDEM and RMOP on how to best implement
                            management measures (relating to ISDS) not implemented through
                            enforceable state policies;
                           o Review proposed - and recommend new or revised - goals and
                            objectives for incorporation into RI's Nonpoint Source Plan;-
                           o Review proposed - and recommend new or revised - additional
                            management measures, policies, regulations, statutes, programs
                            and/or recommendations (relating to ISDS) necessary to: (1)
                            comply with ï¿½6217 requirements; (2) meet the goals and objectives
                            set forth in RI's Nonpoint Source Plan; and (3) address existing
                            water quality problems;
                           * Identify opportunities for enhanced coordination among   'all
                            organizations involved in addressing nonpoint source pollution
                            associated with ISDSs;
                           0 Make recommendations on portions of a four-year Nonpoint
                            Source Management Plan;
                           9 Identify and target relevant funding sources for nonpoint pollution
                            control projects; and,
                           9 Identify relevant technical assistance and public outreach needs.



                  Membership

                       CRMC, Co-Chair                          o RIDEM, Division of Groundwater
                       Town Planners                            and ISDS, Co-Chair
                       RIDEM, Office of Environmental          - Office of the Governor
                       Coordination                            - Environmental Protection Agency
                       RIDEM Division of Freshwater            - Coastal Resources Center
                       Wetlands                                e Save the Bay
                       Cooperative Extension                   o Salt Ponds Coalibon
                       Audubon Societv of RI                   - League of Cities and Towns
                       State Conservation Committee            e Conservation Districts
                       Brown University Center for             * Building Code Commissioner
                       Environmental Studies                   o RI Independent Contractors
                       RI Association of Realtors              e RI Builders Association
                       American Planning Associatioll






                                                           -12.8-






                 Chapter I?                                                             memimenj I     at 10 11


                            Pul4ic Outreach and Technical Assistance Subcommittee



                               The Public Outreach and Tech nical Assistance Subcommittee was
                                                        established to:
                          * Coordinate the distribution of existing nonpoint source outreach
                            and technical assistance materials;
                          - Review and comment on all public outreach and technical
                            assistance materials developed pursuant to Section 319 and Section
                            6217;
                            Advise on how to best reach target audiences
                            Review and comment on the public outreach and technical
                            assistance elements of the Section 6217 CNPCF and the Section 319
                            Nonpoint Source Management Plan; and,
                            Develop a strategy which recommends a mechanism to coordinate
                            ongoing and future public outreach and technical assistance efforts
                            related to nonpoint source pollution control issues and identifies a
                            permanent clearinghouse(s) for nonpoint source public materials.



                 Membership

                       CRMC, Co-Chair                          9 RIDEM, Office of Environmental
                       Save the Bay                             Coordination, Co-Chair
                       Cooperative Extension                   - Coastal Resources Center
                       RIDEM, Division of Water Resources      9 Conservation Districts
                       RIDOP                                   0 RIDEM, Narragansett Bay Project
                       Office of the Governor                  * Soil Conservation Service
                       RI Marine Trades Association            * RI Sea Grant
                       League of Cities and Towns              * RI Department of Transportation
                       American Planning Association           * The Salt Ponds Coalition
                       RI Association of Realtors              9 RI State Conservation Committee
                       Clean Water Action                      - Audubon Society of RI
                       Narragansett Bay NERR                   - Garden Club
                       Alton Jones Environmental               9 Brown University Center for
                       Education Center                          Environmental Studies
                       Interfaith Ecology Coalition










                                                           -12.9-





                 Chapter 12                                                             1 c Fa r i i4siM

                                Monitoring Tecbnical Advisory Subcommittee


                            The Monitoring Technical Advisory Subco?nmittee zoas established to:
                            Identify and coordinate existing monitoring programs;
                            Recommend ways to improve the utilization of volunteer water
                            quality monitoring program's data;
                            Identify additional monitoring needs to satisfy the Section 6217 and
                            Section 319 requirements; and,
                            Prioritize monitoring needs.



                 Membership

                     o RIDEM, Div. of Water Resources,      o RIDEM, Office of Environmental
                      Chair                                   Coordination
                     9 RIDEM, Fish and Wildlife             o RIDEM, Narragansett Bay Project
                     o CRMC                                 o Office of the Governor
                      USGS                                  * Cooperative Extension
                      Pond Watchers                         o Coastal Resources Center
                      RI Department of Transportation       o RI Department of Health
                      EPA, Narragansett Lab                 o Save the Bay
                      Citizens Bank (River Rescue)          o Wood/Pawcatuck Watershed
                      Watershed Watch                         Association
                      State Conservation Committee          o Clean Water Action
                      Conservation Districts


























                                                        -12.10-






                Chapter 12                                                             MGM Lymottir-,a t ioll


                                        -tersheds Technical Advisor,-- Subcommittee
                           Priority Wi


                                 The Priority Watersheds Technical Advisory Subcommittee
                                                   u;as established to:
                           Recommend revisions to the existing nonpoint source watershed
                           prioritization criteria to reconcile differences between other priority
                           lists (i.e., ï¿½319, ï¿½303(d), Rivers Councilf CRMC, USDA, Sole Source
                           Aquifers, Narragansett Bay Project Critical Areas, Greenspace 2000,
                           Outstanding Natural Resource Waters, and National Estuarine
                           Research Reserves).




                 Membership

                    * RIDEM, Office of Environmental         * RIDEM, Div. of Groundwater and
                      Coordination, Chair                      ISDS
                    - RIDEM, Div. of Water Resources         * RIDEM, Narragansett Bay Project
                    - CRMC                                   * JZ=P
                    9 RI Department of Health                * Office of the Governor
                    - Rhode Island Rivers Council            - Soil Conservation Service
                    - Coastal Resources Center               - Cooperative Extension
                    - RI League of Cities and Towns            Narragansett Bay Commission
                    * American Planning Association            Sav'e the Bay
                    - Blackstone River Watershed               Wood/Pawcatuck Watershed
                      Association                              Association
                    * Conservation Districts                   State Conservation Comrnittee
                    - Citizens Bank/River Rescue               Audubon Society of RI
                      Clean Water Action


0




                  Chapter 12                                                             Public Participation


                                   Land use Technical Advisory Subcommittee


                              The Land Use Technical Advisory Subcommittee was established to:
                           ï¿½ Recommend specific land use policies and management measures
                            for incorporation into the State Guide Plan and municipal
                            ordinances (i.e., setbacks, zoning in sensitive areas, etc.); and,
                           ï¿½ Identify technical assistance and public outreach needs of
                            municipalities and landowners.




                   Members:


                       RIDOP, Chair                           * CRMC
                      * RIDEM, Office of Environmental         * RIDEM, Narragansett Bay Project
                       Coordination                            * RIDEM Division of Ag8hculture
                      * RIDEM, Division of Freshwater          * RI Dept of Economic Development
                       Wetlands                                 RI Dept of Transportation
                       Office of the Governor                  Office of Lieutenant Governor
                      RI Dept. of Health                      RI League of Cities and Towns
                       Cooperative Extension                  * Coastal Resources Center
                       URI, Dept. of Community Planning        URI, Dept. of Natural Resources
                      * American Planning Association           Landscape Architects
                       RI Builders Association                 RI Association of Realtors
                       State Conservation Committee             RI Federation of Chambers of
                       Conservation Districts                   Commerce
                       RI Bar Association                       RI League of Women Voters
                       Nature Conservancion,                      RI Farm Bureau Federation
                       Audubon Society of RI



















                                                          -12.12-






               Chapter 12


               The role of each subcomuuttee is to provide technical assistance and guir'Rnce to the
               CRMC, FMIM and the RWP during the development of the RIMPCP. The
               subcorninittees also coordinate exLstLng nonpoint source pollution control efforts
               throughout the State. The roles of each subcommittee differ depending on, a number of
               factors, which include:

                      * The nature of the particular pollution source or nonpoint source issue the
                       subcommittee has been formed to address;
                      e The extent to which the ï¿½319 and ï¿½6217 requirements have been addressed;
                      * The need for new policies, regulations or recommendations; and,
                      * The complexity of statutory requirements.

               In all cases, the appropriate subcommittees reviewed and advised on relevant sections
               of the RICNPCP and the Nonpoint Source State Guide Plan Element as they were
               developed. Each technical advisory subcommittee also will identify public outreach
               and education needs as they become evident for the Public Outreach and Education
               Subcommittee. At this point in time, no clearly identified public outreach and technical
               assistance needs have been forwarded to the Public Outreach and Education
               Subcommittee.


               Each subconunittee addresses the relevant management issues, comments on draft
               work products, and makes recommendations to the RIDEM, CRMC, and RIDOP. In
               developing the CNPCP, the Agriculture and Forestry, Stormwater and Erosion and
               Sediment Control, Marinas, ISDS, and Public Outreach Subcommittees have each met
               numerous times to review drafts (Appendix 12B).


               Additional Public Involvement Activities

               Although the INTSAC advisorv committee structure was the primary means of ensuring
               public involvement in the development of draft work products (e.g., the threshold
               review document, draft regulation changes, etc.), the CRMC and RIDEM Office of
               Environmental Coordination have indtiated other public involvement activities as well.
               These activities have included various meetings with other state regulatory agencies,
               local officials, interest groups and nongovernmental organizations on various issues
               related to nonpoint source management including the development of Rhode Island's
               CNPCP (Appendix 12B). In short, the CRMC and RIDEM made an effort to take
               advantage of every opportunity to inform the public about nonpoint source pollution
               generally, and Section 6217 and its related requirements, specifically.

               in order to ensure public involvement in the development of the RICNPCP and the
               Nonpoint Source State Guide Plan Element , the CRMC, the RIDEM, and the RIDOP:






                                                      -12.13-






                  Chapter 12


                         e Continued to uniize the advisory committee structure to obtain public
                          involvement in the development of work products related to Section 6217
                         9 Met with other federal, state, and local agencies as well as interest groups and
                          other nongovernmental organizations to discuss issues related to Section 6217

                  The RIDEM and CRMC will also provide adequate opportunity for public review and
                  comment prior to final CNPCP submittal to NOAA and EPA.

                  Following submittal, a number of ad ditional public involvement activities are planned.
                  These activities include:

                         * One or more public hearings on the update of the RINSMP
                         * Public hearings and adequate opportunity for public comment on all
                          regulation changes developed to implement Section 6217 requirements

                  These public involvement activities ensure that the public participation requirements
                  contained in Section 6217 (b)(5) have been satisfied during the development of the
                  RICNPCP as well as the update of the RINSMA and that the public will continue to
                  have adequate opportunities -to participate in the further development and
                  implementation of the RICNPCP.


                  Public Outreach and Education Activifies

                  In addition to the public involvement activities described above, the CRMC, RIDEM,
                  and RIDOP have undertaken numerous public education and outreach efforts designed
                  to educate the public and decision makers about the requirements of Section 6217 and
                  the issues associated with the development of the RICNTPCP and the Nonpoint Source
                  State Guide Plan Element. The following is a brief description of some of the many
                  outreach and education activities that have taken place, are ongoing or are planned in
                  the State. It is important to note, however, that this is not an exhaustive list, but rather
                  some examples of the State's efforts to inform the public of nonpoint source pollution
                  issues.


                  CRMC Outreach and education effgrts
                  One of the CRMC's first accomplishments was the development of a special issue of the
                  Coastal Features newsletter .%,hich focused exclusively on Section 6217 (CRMC 1993)
                  (Appendix U). This special issue was followed-up a year later, in the Spring of 1994,
                  with another special issue on Rhode Island's progress in the development of itsCNPCP.
                  Further, virtually every issue of this quarterly newsletter has contained information on
                  Section 6217 and nonp'olnt source issues since the publication of the (g) Guidance.
                  Another outreach and education product developed by the CRMC that has been
                  particularly popular with students has been a "Pollution Is Pointless" poster wWch
                  specifically focuses on nonpoint source issues in Rhode Island. This poster has been



                                                         -12.14-






                C hapter 12


                e;stribtlted at several schools where CRMC staff made presentations to students on
                nonpoint source pollution. The CRMC has also distributed over 1,000 copies of the
                Section 6217 fact sheets and brochures developed by NOAA and EPA (Appendix V).
                Many of these outreach materials were distributed at special events such as the annual
                Rhode Island Boat Show, while others were distributed at numerous presentations
                given to interest groups, the general public, and schools (Appendix 12B). To enhance
                these presentations, the CRMC developed a slide presentation which outlines the
                Section 6217 requirements.

                RIDEM outreach and educatign efforts
                The RIDEM continues to support and conduct outreach and education on nonpoint
                source management issues. Since the publication of the (g) Guidance, the RIDEM has
                developed the Rhode Island Community Nonpoint Source Pollution Management Guide to
                assist local officials in making informed decisions about the quality of proposed
                developments and potential nonpoint pollution problems. The Guide wasdistributed
                at a workshop on state regulatory programs for local officials. RIDEM also supported,
                through Section 319 funds, the development and distribution of The Environmental Guide
                for Marinas: Conntrolling Nonpoint Source and Storm Water Pollution in Rhode Island by the
                University of Rhode Island's Coastal Resources Center and The Community Wastewater
                Management Guidance Manual by the University of Rhode Island's Department of
                Environmental and Civil Engineering.

                The RIDEM, in cooperation with Save The Bay, developed and continues to distribute a
                pumpout facilities chart for Narragansett Bay boaters. The RIDEM has also supported
                outreach efforts associated with the Greenwich Bay Initiative (see Chapter 10) and has
                partially funded a municipal resource protection coordinator.

                The RIDEM also implements several ongoing programs which have significant public
                outreach components including the Ocean State Cleanup and Recycling (OSCAR)
                Program and the Pollution Prevention Program. In addition, thr RIDEM has provided
                funds and /or staff to assist in numerous other efforts in the State including outreach
                workshops sponsored by the Marina Assistance Collaborative (a consortium of
                repre5entatives from regulatory programs, academia and private industry with a
                common interest in marina issues) and the develpment of educational materials for and.
                the implementation of a Waste Water Management District in Charlestown.

                Nongovernmental outreach and education efforts
                Numerous nongovernmental efforts have been and continue to be extremely effective in
                providing outreach and education on nonpoint source pollution issues. While a listing
                of these programs is currently unavailable, the following provides a sampling of the
                types of efforts currently being undertaken by some of Rhode Island's nongovernmental
                organizations and environmental groups.

                Save The Bay continues to conduct a h  ighly visible campaign to ensure the protection of
                Rhode Island's coastal waters with recent efforts including: support and distribution of


                                                         -12-15-





                 @-hapter 12


                 Narra.f.ransett Bay purrpout facilities charts; development of a slide show on nonpoint
                 source pollution and Greenwich Bay for city and community groups; publication of
                 "
                  Community Report Cards" on nonpoint source pollution management and preventiom.
                 sponsorship of the Explore the Bay Shoreline Classroom program; and, stormdrain
                 stenciling. Additional outreach and education activities and programs are planned.

                 The University of Rhode Island also continues to promote nonpoint s     ource pollution
                 outreach and education efforts through a number of departments. These departments
                 include Cooperative Extension, the Department of Environmental and Civil '
                 Engineering, and Rhode Island Sea Grant/ Coastal Resources Center. Among the many
                 ongoing Cooperative Extension outreach and education efforts are: the development
                 and distribution of fact sheets; the Wellhead Protection Program; the Watershed Watch
                 program; and municipal training programs. Cooperative Extension also sponsors
                 numerous educational workshops related to nonpoint source pollution issues on a
                 regular basis. The Coastal Resources Center supports a number of outreach and
                 education programs related to nonpoint source management including: the Marina
                 Assistance Collaborative; the development of guidance documents such as the
                 Environmental Guidefor Marinas; and, municipal training programs.

                 In additon to the many individual efforts, several cooperative efforts with significant
                 outreach and education components are currently taking place in the State. Notable
                 among these efforts is the Onsite Wastewater Management Training Program which is a
                 cooperative effort involving the RIDEM, CRMC, EPA, Cooperative Extension, and the
                 URI Department of Civil and Environmental Engineering. A second cooperative effort
                 is the Greenwich Bay initiative which is described in some detail in Chapter 10 of this
                 document.



                 Conclusion


                 Future public education and outreach activities based on the identification of specific
                 outreach and e ducation needs should ensure that the CRMC, RIDEM, and RIDOP
                 continue to satisfy the public participation requirements contained in Section 6217
                 (b)(5). These activities should also help to educate decision makers and advisory
                 committee members About issues related to Section 6217 and help create public and
                 political support for the RICNPCP and the Nonpoint Source State Guide Plan Elemerit.

                 Public participation in the development of the Rhode Island Coastal Nonpoint Pollution
                 Control Program has been and will remain a high priority of the CRMC, RIDEM, and
                 RIDOP. It should be clear that the public involvement and education activities
                 discussed in this chapter illustrate that Rhode Island has provided sufficient
                 opportunities to date for public participation in the development of the RICNPCP in
                 accordance with Section 6217 (b)(5) and will continue to provide for such activities
                 during program implementation.



                                                          -12.16-






                                                                                  Public Participatioll




                References

                Coastal Resources Management Council, Rhode Island. 1994. "Progress Report.. Rhode
                      Island's Coastal Nonpoint Pollution Control Program." Coastal Features. 2: (no. 3,
                      Summer).

                Coastal Resources Management Council, Rhode Island. 1993. "Special Issue: Rhode
                      Island's Coastal Nonpoint Pollution Control Program" Coastal Features. 1: (no. 3,
                      Summer).

                Department of Environmental Management, Rhode Wand. 1995. Rhode Island's Nonpoint
                      Source Manage?nent Plan. Providence, RI: Department of Environmental
                      Management, Office of Environmental Coordination. (Draft).


































                                                      -12.17-






                  Appendix 12A                                                                 Committees


                                                       A"endixl2A


                                Interagency Nonpoint Source Advisory Committee

                     Scott Miflar/jim Riordan                   Laura Nfiguel/jim Boyd
                     RIDEM, Office of Environmental             Coastal Resources Mgt- Council
                     Coordination                               Oliver Stedman Govt. Center
                     83 Park St.                                Tower Hill Rd.
                     Providence, RI 02903                       Wakefield, RI 02879
                     Phone (401) 277-3434                       Phone (401) 277-2476
                     FAX (401) 277-2591                         FAX (401) 277-3922

                     Susan Morrison/Vic Parmentier              JoAnne Sulak
                     Department of Administration               Nonpoint Sour   -ce Coordinator
                     'Division of Planning                      EPA, Region 1
                     One Capital Hill                           J.F. Kennedy Federal Building
                     Providence, RI 02908-5871                  Boston, MA 02203-2211
                     Phone (401) 277-2656                       -Phone (617) 565-3530
                     FAX (401) 277-2083                         FAX (617) 565-4940

                     Laurie McGilvary                           Alicia M. Good, Chief/Chris Deacutis
                     North Atlantic Regional Manager            RIDEM
                     NOAA/OCRM                                  Division of Water Resources
                     SSMC4,1305 East-West Highway               291 Promenade St.
                     Silver Spring, MD 20910                    Providence, RI 02908
                     Phone (301) 713-3105                       Phone (401) 277-3961
                     FAX (301) 713-4367                         FAX (401) 521-4230

                     Dean H. Albro, Chief/Charles               John M. Lawrence, Chief/Ken Ayars
                     Horbert                                    RIDEM
                     RIQEM                                      Division of Agriculture
                     Division of Freshwater Wetlands            22 Hayes St.
                     291 Promenade St.                          Providence, RI 02908
                     Providence, R1 02-1908                     Phone (401) 277-2781
                     Phone (401) 277-6820                       FAX (401) 277-6047
                     FAX (401) 277-6177













                                                            12A.1 -






                Aj1[)L'11d1X 12A



                    Russell Chateauneuf, Chief               Jim Saletnik
                    RIDEM                                    Department of Economic
                    Division of Ground Water and ISDS        Development
                    291 Promenade St.                        7 Jackson Walkway
                    Providence, RI 02908                     Providence, RI 02903
                    Phone (401) 277-2306                     Phone (401) 2.77-2601
                    FAX (401) 521-4230                       FAX (401) 277-2102

                    Director                                 Director
                    Department of Transportation             Department of Health
                    3
                     00 Richmond St.                         Three Capitol Hill
                    Providence, RI 02903                     Providence, RI 02908
                    Phone (401) 277-2481                     Phone (401) 277-2231
                    FAX (401) 277-6038                       FAX (401) 277-6548

                    Vincent Palumbo                          Walter Combs
                    Department of Transportation             Department of Health
                    Desing Section                           Three Capitol Hill
                    2 Capital Hill                           Providence, RI 02908
                    Providence, RI 02903                     Phone (401),277-2231
                    Phone (401) 277-2023                     FAX (401) 277-6548
                    FAX (401) 277-6038

                    Sally Spadaro                            Tony Dpre/Kristine Stuart
                    Office of the Governor                   Philip Morneault
                    222 State House                          Soil Conservation Service
                    Providence, RI 02903                     60 Quaker Lane, Suite 46
                    Phone (401) 277-2080                     Warwick, RI 02886
                    FAX (401) 521-1665                       Phone (401) 828-1300
                                                             FAX (401) 828-0433

                    Virginia Lee/Pam Pogue                   Art Gold
                    Coastal Resources Center                 URI College of Resource
                    University of Rhode Island               Development
                    Graduate School of Oceanography          Cooperative Extension
                    Narragansett, RI 028821                  Woodward Hall
                    Phone (401) 792-6224                     Kingston, RI 02881
                    FAX (401) 789-4670                       Phone (401) 792-2370
                                                             FAX (401) 792-4561









                                                         12A.2 -






                  Appendix 12A



                     D aniel L Beardsley, Jr.,                Ronald Lambertson
                     RI League of Cities and Towns            U.S. Fish and Wildlife Service
                     One State St., Suite 502                 300 Westgate Ctr- Dr.
                     Providence, RI 02908                     Hadley,,_ MA 01035-9589
                     Phone (401) 272-3434
                     FAX (401) 421-0824


















































                                                           12A.3 -






               Appendix 12A


                        Agricultur- and Forestry Technical Advisory Subconwdttee


                   Thomas Dupree, Chief                    Scott Millar
                   Paul Ricard                             RIDEM, Office of Environmental
                   RIDEM, Div. of Forest Environment       Coordination
                   1037 Hartford Pike                      83 Park St.
                   North Scituate, RI 02857                Providence, RI 02903
                   Phone (401)647-3367                     Phone (401)277-34M
                                                           Fax (401)277-2591

                   Dean Albro, Chief / Charles Horbert     Art Gold
                   RIDEM, Div. of Fresh Water              URI College of Resource
                   Wetlands                                Development
                   291 Promenade Street                    Cooperative Extension
                   Providence, RI 02908                    Woodward Hall
                   Phone (401)277-6820                     Kingston, RI 02881
                   Fax (401)277-6177                       Phone (401)792-2370
                                                           Fax (401)792-4561

                   Lucille Dickinson                       Kevin Brubaker
                   RI Agriculture Council                  Office of the Governor
                   3029 South County Trail                 222 State House
                   W.Kingston, RI 02892                    Providence, RI 02903
                   Phone (401)783-0224                     Phone (401)277-2080
                                                           Fax (401)521-1665



                   Mike Sullivan                           Dave Borden, Chief
                   RI State Conservation Committee         RIDEM, Div. of Fish, Wildlife and
                   Plant Science Department                Estuarine Resources
                   University of RI                        Oliver Stedman Govt. Ctr.
                   Kingston, RI 02881                      Wakefield, RI 02879
                   Phone (401) 792-2791                    Phone (401)789-3094

                   Paul Brule                              Chair
                   A.S.C.S.                                Urban Forestry Council
                   60 Quaker Lane, Ste. 49                 RIDEM, Div. of Forest Environment
                   Warwick, RI 02886                       1037 Hartford Pike
                   Phone (401)828-3120                     North Scituate, RI 02857
                                                           Phone (401)647-3367







                                                        12A.4 -






                  -\ppcjidix 12A



                     President                                President
                     RI Farm Bureau Federation, Inc.          RI Nurserymen's Association
                     1845 Post Road Warwick, RI 02886         64 Bittersweet Dr.
                     Phone (401)737-5212                      Seekonk, MA 02771

                     Laura Miguel/Mark Imperial               President
                     Coastal Resources Management             RI Dairy Farmers Group
                     Council                                  155 Legion Way
                     Oliver Stedman Govt. Ctr-                Cranston, RI 02910
                     Wakefield, RI 02879                      Phone (401)781-4292
                     Phone (401)277-2476
                     Fax (401)277-3922

                     Anthony Dore                             President
                     Kristine Stuart                          Southside Community Land Trust
                     Soil Conservation Service                288 Dudley St.
                     60 Quaker Lane, Ste. 46                  Providence, RI 02908
                     Warwick, RI 02886                        Phone (401)273-9419
                     Phone (401)828-1300
                     Fax (401)828-0433

                     John Lawrence, Chief / Ken Ayars         Ken Kubic
                     RIDEM, Div. of Agriculture               Eastern RI Conservation District
                     22 Hayes St.                             East Passage Yachting Center
                     Providence, RI 02908                     1 Lagoon Rd.
                     Phone (401)277-2781                      Portsmouth, RI 02871
                     Fax (401.)277-6047                       Phone (401) 6834000
                                                              Fax 401) 683-6774

                     Alicia Good@ Chief                       Carlene Newman
                     RIDEM, Div. of Water Resources           RIDEM, Div. of Water Resources
                     291 Promenade St.                        291. Promenade'St.
                     Providence, RI 02908                     Providence, RI 02908
                     Phone (401)277-3961                      Phone (401)277-3961
                     Fax (401)521-4230                        Fax (401)521-4230

                     Robert Swanson                           Edward Baker, Jr.
                     Southern RI Conservation    District     Northern RI Conservation    District
                     39 Shannock Rd.                          11 Washington St.
                     Carolina, R1 02812                       Wakefield, RI 02879
                     Phone (401) 3644069                      Phone (401) 277-6560






                                                          12A.5 -






                                                                                                            Com ni i tlev-,



                       Mark Tremblay
                       c/o Providence Water
                       552 Academy Ave.
                       Providence, RI 02908


















































                                                                    i2A.6 -






                  AppCildIX 12A


                                      Marina Technical Advisory Subcommitt"


                      Mark Amaral                               Mark Imperial/Laura Miguel
                      Coastal Resources Center                  Coastal Resources Mgt. Council
                      University of Rhode Island                Oliver Stedman Govt. Center
                      Ruggles House                             Wakefield, RI 02879
                      Kingston, RI 02881                        Phone (401) 277-2476
                      Phone (401) 792-6224                      Fax (401) 277-3022

                      Scott Millar / Bob Ballou                 Joseph Migliore
                      RIDEM, Office of Env. Coordination        RIDEM, Div. of Water Resources
                      83 Park St.                               290 Promenade St.
                      Providence, RI 02903                      Providence, RI 02908
                      Phone (401) 277-3434                      Phone (401) 277-3961
                      Fax (401) 277-2591                        Fax (401) 521-4230

                      Holly Desrosiers                          Paul Watters ,
                      176 Main St.                              Oliver Stedman Govt. Center
                      East Greenwich, RI 02818                  Tower HiU Road
                      Phone (401) 885-5044                      Wakefield, RI 02879
                      Fax (401) 884-0315                        Phone (401) 277-2476
                                                                Fax (401) 277-3922 -

                      Kevin Brubaker, Policv Analyst            Donald Fontes
                      Office of the Governor                    Save the Bay
                      222) State House                          434 Smith St.
                      Providence, RI 02901.1                    Providence, RI 02908-3770
                      Phone (401) 277-2080                      Phone- (401) 272-3540
                      Fax (401) 521-1665


                      Hon. W. Michael Sullivan, Chair           Ken Kubic
                      State Conservation Committee              East Passage Yachting Center.
                      Plant Science Department                  I Lagoon Rd.     -
                      Woodward Hall-                            Portsmouth, RI 02871
                      University of Rhode Island                Phone (401) 6834000
                      Kingston, RI 02881                        Fax (401) 683-6774
                      Phone (401) 792-2791











                                                             12A.7 -






                Appendix 1-2A



                    Richard Ribb / Chris Deacutis           Michael Keyworth, Manager
                    RIDEM, Narragansett Bay Project         Cove Haven Marina
                    291 Promenade St.                       101 Narragansett Ave.
                    Providence, RI 02908-5767               Barrington, RI 02806
                    Phone (401) 277-3165                    Phone (401) 246-1600
                    Fax (401) 521-4230                      Fax (401) 246-0731

                    President                               Joanne Sulak / Robert Morehouse
                    RI Shellfishermen's Association         RI Nonpoint Source Pollution Prog.
                    218 Market St.                          US EPA Region 1
                    Warren, RI 02885                        J.F.X Federal Building
                    Phone (401) 247-0532                    Boston, MA 02203-2211
                                                            Phorke (617) 565-3523
                                                            Fax (617) 5654940

                    Neil Ross                               June and Don Conradi
                    President, Neil Ross Consultants        Avondale Boatyard
                    P.O. Box 56                             Avondale Rd.
                    Kingston, RI 02881                      Westerly, RI 02891
                    Phone (401) 782-2116                    Phone (401) 348-8187
                    Fax (401) 782-2116                      Fax (401) 596-7595

                    Bob Randall                             Angelo Liberti
                    RI Mobile Sportfishermen                RIDEM, Div. of Water Resources
                    5 Highland Ave.                         291 Promenade St.
                    Westerly, RI 02891                      Providence, RI 02908
                                                            Phone (401) 277-3961
                                                            Fax (401) 521-4230

                    Robert Swanson                          Edward Baker, Jr.
                    Southern RI Conservation District       Northern RI Conservation District
                    39 Shannock Road                        11 Washington St.
                    Carolina, RI 02812                      Wakefield, RI 02879
                    Phone (401) 364-4 069                   Phone (401) 277-6560












                                                         1-ZA-8 -






                  Appendix 12A


                                            btormwater and Erosion Control
                                                                               ittee
                                            Technical Advisory Subconwd


                      Scott Millar   Bob Ballou                 Laura Miguel/jim Boyd
                      RIDEM, Office of Environmental            Coastal Resources Management
                      Coordination                              Council
                      83 Park St.                               Oliver Stedman Govt. Ctr.
                      Providence, RI 02908                      Wakefield, RI 02879
                      Phone (401)277-3434                       Phone (401)277-2476
                      Fax (401)277-2591                         Fax (401)277-3922

                      Alicia Goode, Chief                       Susan Morrison /Kathleen Leddy
                      RIDEM, Div. of Water Resources            Dept. of Aministration
                      291 Promenade St.                         Division of Planning
                      Providence, RI 02908                      One Capital Hill
                      Phone (401)277-3961                       Providence, RI 02908-5871
                      Fax (401)521-4230                         Phone (401)277-2656
                                                                Fax (401) 277-2083

                      Dean Albro/Charles Horbert                Carlene Newman
                      RIDEM, Fresh Water Wetlands Div.          RIDEM, Div. of Water Resources
                      291 Promenade Street                      291 Promenade St.
                      Providence, RI 02908                      Providence, RI 02908
                      Phone (401)277-6820                       Phone (401)277-3961
                      Fax (401)277-6177                         Fax (401)521-4230

                      Kevin Brubaker, Policy Analvst            Art Gold
                      Office of the Governor                    URI College of Resource Dev.
                      222 State House                           Cooperative Ext., Woodward Hall
                      Providence, RI 02903                      Kingston, RI 02881
                      Phone (401)277-2080                       Phone (401)792-2903
                      Fax (401)521-1665                         Fax (401)792-4561

                      Vincent Palumbo                           Daniel J. Beardsley, Jr.
                      Department of Transportation              RI League of Cities and Towns
                      Design Section                            One State St., Suite 502
                      2 Capital Hill                            Providence, RI 02908
                      Providence, RI 02903                      Phone (401)272-34.34
                      Phone (401)277-2023
                      Fax (401)277-6038







                                                             12A.9 -






               Appendix 12A                                                             committee"



                   Nicole Cromwell                         President
                   Save the Bay                            RI Builders Association
                   434 Smith St.                           450 Veterans Memorial Parkway
                   Providence, RI 02908-3770               East Providence, RI 02914
                   Phone (401)272-3540                     Phone (401)438-7400
                   Fax (401)273-7153

                   President                               President
                   RI Association of Realtors              RI Society of Professional Engineers
                   120 Lavan St.                           9 Newman Ave.
                   Warwick, RI 02886                       East Providence, RI 02914
                                                           Phone (401)LW7400

                   Brent Narkawicz                         Virginia Lee
                   American Society of Landscape           Coastal Resources Center
                   Architects                              URI, GSO Campus
                   9 Martin Street                         Narragansett, RI 02882
                   Cumberland, RI 02864                    Phone (401)792-6224
                   Phone (401)334-7771                     Fax (401)789-4670
                   Fax

                   Edward Szymanski, Assoc.. Director      Robert Weygand
                   RIDEM, Water Quality Management         Office of the Lieutenant Governor
                   291 Promenade St.                       Statehouse Room 317
                   Providence, RI 02908                    Providence, RI 02903
                   Phone                                   Phone (401)277-2371
                   Fax

                   Kevin Flvnn                             Eric Offenberg/ERICD
                   Cranston City Hall                      909 East Main Rd.
                   869 Park Ave.                           Middletown, RI 02842
                   Cranston, RI 02910                      Phone (401) 847-91%
                   Phone (401)461-1000
                   Fax (401)461-9650

                   Angelo Liberti                          5ue Kiernan, Deputy Chief
                   MDEM, Div. of Water Resources           RIDEM, Groundwater Section
                   291 Promenade St.                       291 Promenade St.
                   Providence, RI 02908                    Providence, RI 02908
                   Phone (401)277-3961                     Phone (401)277-22M
                   Fax (401)5214230                        Fax (401)277-6177






                                                       12A.10 -






                  Appendix 12A



                     Anthony Dore                            Mike Sullivan
                     Soil Conservation Service               RI State Conservation Committee
                     60 Quaker Lane, Ste. 46                 Plant Science Department
                     Warwick, RI 02886                       University of RI
                     Phone (401)828-1300                     Kingston, RI 02881
                     Fax (401)828-0433                       Phone (401) 792-2791

                     Kris Stuart                             Ken Kubic
                     Soil and Water Conservation Society     Eastern RI Conservation District
                     of America                              East Passage Yachting Center
                     Southern New England Chapter            1 Lagoon Rd.
                     406 Stony Lane                          Portsmouth, RI 02871
                     No. Kingstown, RI 02852                 Phone (401) 683-4000
                     Phone (401)828-1300                     Fax (401) 683-6774
                     Fax (401)828-0433

                     Robert Swanson                          Edward Baker, Jr.
                     Southern RI Conservation District       Northern RI Conservation District
                     39 Shannock Rd.                         11 Washington St.
                     Carolina, RI 02812                      Wakefield, RI 02879
                     Phone (401) 364-4069                    Phone (401) 277-650






























                                                         12A.11 -








                A           I 2A


                                     ISUS Technical Advisory Subcomuftee


                    Russel Chateauneuf, Chief                 Scott Mar / Bob Ballou
                    RIDEM, Div. of Groundwater and            RIDEM, Office of Env. Coordination
                    ISDS                                      93 Park St.
                    .291 Promenade St.                        Providence, RI 02903
                    Providence, RI 02908                      Phone (401)277-3434
                    Phone (401)277-2306                       Fax (401)277-2591
                    Fax (401)277-6177

                    Mark Imperial / Jim Boyd                  Dean Albro, Chief / Charles Horbert
                    Coastal Res. Management Council           RIDEM, Div. of Fresh Water
                    Oliver Stedman Govt Ctr.                  Wetlands
                    Wakefield, RI 02879                       291 Promenade Street
                    Phone (401)277-2476                       Providence, RI 02908
                    Fax (401)277-3922                         Phone (401)277-6820
                                                              Fax (401)277-6177

                    Kevin Brubaker, Policy Analyst            Joanne Sulak / Robert Morehouse
                    Office of the Governor                    RI Nonpoint Source Pollution Prog.
                    222 State House                           US EPA Region 1
                    Providence, RI 02903                      J.F.K. Federal Building
                    Phone (401)277-2080                       Boston, MA 02203-2211
                    Fax (401)521-1665                         Phone (617)565-3523
                                                              Fax (617)565-4940

                    George Loomis                             Nicole Cromwell
                    URI College of Resource Dev.              Save the Bay
                    Cooperative Extension                     434 Smith St.
                    Woodward Hall                             Providence, RI 02908-3770
                    Kingston, RI '02881                       Phone (401)272-3540
                    Phone (401)792-2370                       Fax (401)27.3-7153
                    Fax (401)7924561

                    Virginia Lee                              Daniel J. Beardsley, Jr.
                    Coastal Resources Center                  RI League of Cities and, Towns
                    URI, GSO Campus                           One State St., Suite 502
                    Narragansett, RI 02882                    Providence, RI 02908
                    Phone (401)792-6224                       Phone (401)272-3434
                    Fax (401)7894670







                                                          12A.12 -






                  Appendix 12A



                      Scott Morehead, RIBA                      Thomas Mulhern
                      SFM Engineering Asso.                     Rhode Island Realtors Asso.
                      410 Tiogue Ave.                           120 Lavan St.
                      Coventry, RI 02816                        Warwick, M 02S88
                                                                Phone (401)785-3650

                      Scott Morehead                            Clark Collins
                      RI Task Force                             Narragansett Town Hall
                      Coventry, RI                              25 Fifth Ave.
                                                                Narragansett, RI 02882

                      Dan Dedendro                              Carolyn Karp
                      Building Code Commissioner                Ctr- for Environmental Studies
                      I Capitol Ffill                           Brown University
                      Providence, RI   02908                    Prospect St.
                      Phone (401)277-6333                       Providence, RI 02904
                                                                Phone (401)863-3449

                      Lori Ross                                 David Monk
                      Audubon Society of RI                     Salt Ponds Coalition
                      12 Sanderson Rd.                          3 Sunset Dr.
                      Smithfield, RI 02917                      Charlestown, RI 02813
                      Phone (401)949-5454                       Phone (401)322-5007

                      Dick Wood                                 Marilyn Cohen
                      P.O. Box 1582                             No. Kingston Planning Director
                      Charlestown, RI 02813                     55 Brown St.
                                                                No. Kingston, RI -02852
                                                                Phone (401)294-3331

                      Robert Swanson                            Edward Baker, Jr.
                      Southern RI Conser%-ation District        Northern RI Conservation District
                      39 Shannock Rd.                           11 Washington St.
                      Carolina, RI 028121                       Wakefield, RI 02879
                      Phone (401) 364-4069                      Phone (401) 277-6560














                                                            12A.13 -






              Appendix 12A



                 Dave Burnham                         Ken Kubic
                 RI Independent Contractors           Eastern RI Conservation District
                 210 Indian Comer Rd.                 East Passage Yachting Center
                 No. Kingston, RI 02852               1 Lagoon Rd.
                 'Phone (401)785-1830                 Portsmouth, RI 02871
                                                      Phone (401) 683-40W
                                                      Fax 401) "34774

















































                                                   12A.14 -






                  Appendix 12A


                                        Pub -ic Outreach and Technical Assitance
                                                  Advisory Subcommittee


                      Scott Millar    Bob BaHou                  Mark Imperial / Laura Miguel
                      RIDEM, Office of Environmental             Coastal R esources Management
                      Coordination                               Council
                      83 Park St.                                Oliver Stedman Govt. Ctr-
                      Providence, RI 02903                       Wakefield, R1 02879
                      Phone (401) 277-3434                       Phone (401) 277-2476
                      Fax (401) 277-2591                         Fax (401) 277-3922 -

                      Derry Riding                               Eugenia Marks
                      Dept. of Adm., Division of Planning        Audubon Society of RI
                      One Capital Hill                           12 Sanderson Rd.
                      Providence, RI 02908-5871                  Smithfield, RI 02917
                      Phone (401) 277-2656                       Phone (401)949-5454

                      Pam Pogue                                  Richard Ribb / Chris Deacutis
                      Coastal Resources Center                   RIDEM, Narragansett Bay Project
                      University of Rhode Island                 291 Promenade St.
                      19 Upper College Rd.                       Providence, RI 02908-5767
                      Kingston, RI 02881                         Phone (401) 277-3165
                      Phone (401) 792-6224                       Fax (401)521-4230
                      Fax (401) 792-5436

                      Art Gold                                   Don Fontes / Curt Spalding
                      URI College of Resource De%,.,-            Save the Bay
                      Cooperative Extension                      434 Smith St.
                      Woodward Hall                              Providence, RI 02908-3770
                      Kingston, RI 02881                         'Phone (401) 272-3540
                      Phone (401) 792-2903                       Fax (401)2@3-7153
                      Fax (401) 792-4561

                      David Monk                                 Mrs. Holly Desrosiers
                      Salt Ponds Coalition                       176 Main St.
                      3 Sunset Dr.                               East Greenwich, RI 02818
                      Charlestown, RI 02813                      Phone (401) 885-5044
                      Phone (401) 322-5007                       Fax (401) 884-0315










                                                             12A.15 -






                Appendix 12A



                    Director                                  Daniel Beardsley
                    Sea Grant                                 League of Cities and Towns
                    Narragansett Bay Campus                   One State St., Suite 502
                    Narragansett, RI 02882-1197               Providence, RI 02908
                    Phone (401) 792-6114                      Phone (401) 272-3434

                    Donna Baugh                               Mary Hitt
                    Soil Conservation Service                 Interfaith Ecology Coalition
                    60 Quaker Lane, Ste. 46                   11 Beaufort St.
                    Warwick, R1 02886                         Providence, R1 02908
                    Phone (401) 828-1300
                    Fax (401) 828-0433

                    Mike Sullivan                             Kevin Flynn
                    RI State Conservation Committee           Cranston City Hall
                    Plant Science Department                  869 Park Ave.
                    University of RI                          Cranston, RI 02910
                    Kingston, RI 02881                        Phone (401) 461-1000
                    Phone (401)792-4540                       Fax (401) 461-9650

                    Vincent Palumbo                           President
                    Department of Transportation              Garden Club
                    300 Richmond St.                          Roger WIlliams Park
                    Providence, RI 02903.                     Providence, RI 02904
                    Phone (401)277-2481
                    Fax (401)277-6038

                    Caroline Karp                             Allan Beck
                    Center for En ronmental Studies           Narragansett Bay NM
                    Brown Universitv                          422 Narragansett Ave.
                    Prospect St.                              Prudence Island, RI 02872
                    Providence, RI 02904
                    Phone (401) 863-3449



                    Director                                  Alicia Good, Chief
                    Clean Water Action                        RIDEM, Div. of Water Resources
                    2 Charles St.                             291 Promenade St.
                    Providence, RI 02904                      Providence, RI 02908
                    Phone (401)331-6972                       Phone (401)277-3961
                                                              Fax (401)521-4230






                                                          12A.16 -






                  Appendix   12A                                                                  oil


                      Eric Offenberg/ERILL)                    Vicid OWeil/SRICD
                      909 East Main Rd.                        P.O. Box 1145
                      Nfiddletown, RI 02842                    Machanic St.
                      Phone (401) 847-91%                      Hope VaRey, RI 02832

                      URI   Alton Jones Campus                 Ken Kubic
                      Environmental Education Center           Eastern RI Conservation District
                      Victoria Highway                         East Passage Yachting Center
                      West Greenwich, RI 02817                 1 Lagoon Rd.
                                                               Portsmouth, RI 02871
                                                               Phone (401) 6&3-4000
                                                               Fax (401) 683-6774

                      Robert Swanson                           Edward Baker, Jr.
                      Southern RI Conservation District        Northern RI Conservation District
                      39 Shannock Rd.                          11 Washington St.
                      Carolina, RI 02812                       Wakefield, RI 02979
                      Phone (401) 364-4069                     Phone (401) 277-6560

                      President                                Kevin Brubaker, Policy Analyst
                      RI Association of Realtors               Office of the Governor
                      120 Lavan St.,                           Providence, RI 02903
                      Warwick, RI 02886                        Phone (401) 277-2080
                                                               Fax (401) 521-1665





























                                                           12A. 17 -






               Appendix 12A


                                 Monitoring Technical Advisory.Subcommittee


                    Mark Imperial/Laura Miguel               Mr. Scott Millar / Bob Ballou
                    Coastal Resources Mgt. Council           RI DEM, Office of Env. Coordination
                    Oliver Stedman Govt. Center              83 Park St,
                    Tower Hill Rd.                           Providence, RI 02908
                    Wakefield, RI 02879                      Phone (401) 277-2776
                    Phone (401) 277-2476                     Fax (401) 277-2591
                    Fax (401) 277-3922

                    _Joseph Mighore/Alicia Good Chief        Richard Ribb / Chris Deacutis
                    RI DEM, Div. of Water Resources          RI DEM, Narragansett Bay Project
                    291 Promenade St                         291 Promenade St
                    Providence, R1 02908                     Providence, RI 02908-5767
                    Phone (401) 277-3%1                      Phone (401) 277-3165
                    Fax (401) 521-4230                       Fax (401) 521-4230

                    Vincent Palumbo                          Virginia Lee
                    Department of Transportation             URI Coastal Resources Center
                    Desing Section                           URI - Narragansett Bay Campus
                    2 Capital Hill                           Narragansett, RI 02882
                    Providence, RI  02903                    Phone (401) 792-6224
                    Phone (401) 277-2023                     Fax (401)789-4670

                    David Borden, Chief                      Art Gold
                    RI DEM, Div. of Fish, Wildlife, and      URI College of Resource
                    Estuarine Resources                      Development
                    Oliver Stedman Govt- Center              Cooperative Extension
                    Tower Hill Rd.                           Woodward Hall
                    Wakefield, F1 02879                      Kingston, R1 02881
                    Phone (401) 789-3094                     Phone (401) 792-2370
                                                             Fax (401) 792-4561

                    Ke-in Brubaker, Polic%, Analvst          Barbara A. DeBuono /Walter Combs
                    Office of the Governor                   RI Dept. of Health
                    Providence, RI 02903                     3 Capital Hill
                    Phone (401) 277-2080                     Providence, RI 02908
                    Fax (401) 521-1665                       Phone (401) 277-2231
                                                             Fax (401) 277-6548








                                                         12A. 18 -






                  Appendix 12A



                      University Research Office              Alison Walsh     Curt Spalding
                      University of Rhode Island              Save The Bay
                      70 Lower College Rd                     434 Smith St.
                      Kingston, RI 02881                      Providence, RI 02912
                                                              Phone (401) 272-3540
                                                              Fax (401)273-7153

                      Mr. Norbert Jaworski, Director          Wood-Pawcatuck Watershed Assoc.
                      US EPA, Environmental Lab               P.O. Box 61
                      27 Tarzwell Dr.                         Hope Valley, RI 02832
                      Narragansett, RI 02882

                      USGS Rhode Island Office                Clean Water Action
                      237 John O'Pastore Federal Bldg.        2 Charles St.
                      Providence, RI 02903                    Providence, RI 02904
                      Phone (401) 528-5135                    Phone (401) 331-6972

                      Nancy Wetherell                         Citizens Bank River Rescue
                      Salt Pond Watchers                      One Citiznes Plaza
                      Sunsett Drive *                         Providence, RI 02903
                      Charlestown, RI 02813                   Phone (401) 272-3540
                      Phone (401) 322-9007

                      Meg Kerr                                Linda Green
                      University of Rhode Island              Watershed Watch
                      Coastal Resources Center                URI - Dept. of Natural Resources
                      Narragansett, RI 02882                  210B Woodward Hall .
                      Phone (401) 792-6224                    Kingston, RI 02881-0804
                                                              Phone (401) 792-2905

                      Mike Sullivan                           Ken Kubic
                      RI State Conservation  Committee        Eastern RI Conservation District
                      Plant Sci. Department, URI              East Passage Yachting Center
                      Kingston, RI 02881                      1 Lagoon Rd.
                      (401) 792-4540                          Portsmouth, RI 02871
                                                              Phone (401) 683-4000
                                                              Fax (401) 683-6774

                      Robert Swanson                          Edward Baker, Jr.
                      Southern RI Conservation District       Northern RI Conservation District
                      39 Shannock Rd.                         11 Washington St.
                      Carolina, RI 02812                      Wakefield, RI 02879
                      Phone (401) 364-4069                    Phone (401) 277-6560




                                                          12A. 19 -








                             Priority Watershed Technical Advisory Subcommiftee


                    Mark Imperial/Laura Miguel               Scott NWar     Bob Ballou
                    Coastal Resources Mgt. Council           RI DEM, Office of Env. Coordination
                    Oliver Stedman Govt. Center              83 Park St.
                    Tower Hill Rd.                           Providence, RI 02908
                    Wakefield, RI 02879                      Phone (401) 277-2776
                    Phone (401) 277-2476                     Fax (401) 277-2591
                    Fax (401) 277-3922

                    Susan Morrison      Vic Parmentier       Virginia Lee / Pam Pogue
                    Department of Administration             Coastal Resources Center
                    Division of Planning                     URI, Graduate School of
                    One Capital Hill                         Oceanography
                    Providence, RI 02908-5871                Narragansett, RI 02882-
                    Phone (401) 277-2656                     Phone (401) 792-6224

                    Kevin Brubaker, Policy Analyst           Wood-Pawcatuck Watershed Assoc.
                    Office of the Governor                   P.O. Box 61
                    Providence, RI 02903                     Hope Valley, RI 02832
                    Phone (401) 277-2080
                    Fax (401) 521-1665

                    Anthonv Dore                             Barbara A. DeBuono/Walter Combs
                    Soil Conservation Service                RI Dept. of Health
                    60 Quaker Lane, Suite 46                 3 Capital Hill
                    Warwick, RI 02886                        Providence, RI 02908
                    Phone (401) 828-1300                     Phone (401) 277-2231
                    Fax (401) 828-0433                       Fax (401) 277-6548

                    Mike Sullivan                            Ken Kubic
                    RI State Conservation Committee          Eastern RI Conservation District
                    Plant Sci. Department, URI               East Passage Yachting Center
                    Kingston, RI 02881                       1 Lagoon Rd.
                    (401) 792-4540                           Portsmouth, RI 02871
                                                             Phone (401) 683-4000
                                                             Fax (401) 683-6774









                                                         12A.20 -






                  Appendix 12A


                      Robert Swanson                          Edward Baker, jr.
                      Southern RI Conservation District       Northern RI Conservation District
                      39 Shannock Rd.                         11 Washington St.
                      Carolina, RI 02812                      Wakefield, RI 02979
                      Phone (401) 364-4069                    Phone (401) 277-6560


                      Lori Ross                               Clean Water Action
                      Audubon Society of RI                   2 Charles St
                      12 Sanderson Rd.                        Providence, RI 02904
                      Smithfield, RI 02917                    Phone (401) 331-6972
                      Phone (401) 949-5454

                      Kevin Flynn                             Daniel L Beardsley
                      Cranston City Hall                      League of Cities and Towns
                      869 Park Ave.                           One State St., Suite 502
                      Cranston, RI 02910                      Providence, RI 02908
                      Phone (401) 461-9650,                   Phone (401) 272-3434
                      Fax (401) 461-9650

                      Richard Ribb / Chris Deacutis           Allison Walsh / Curt Spalding
                      RI DEM. Narragansett Bay Project        Save The Bay
                      291 Promenade St.                       434 Smith St.
                      Providence, RI 02908-5767               Providence, RI 02912
                      Phone (401) 277-3165                    Phone (401) 272-3540
                      Fax (401) 321-4230                      Fax (401)273-7153

                      Russell Chateauneuf, Ch@ief             Art Gold
                      RI DEM, Division of Groundwater         URI College of Resource
                      andISDS                                 Development
                      291 Promenade St.                       Cooperative Extension
                      Pro-6dence, RI 02908                    Woodward Hall
                      Phone (401) 277-2306                    Kingston, RI 02881,
                      Fax (401) 521-4230                      Phone (401) 792-2370
                                                              Fax (401) 792-4561

                      Narragansett Bay   Commision            RI Rivers Council
                      235 Promenade St, Suite 500             Cheryl LaClair
                      Providence, RI 02908                    Office of Lieutenant Governor
                      Phone (401) 277-6680                    317 State House
                                                              Providence, RI 02903








                                                          12A.21 -






              ,Appujidix 12A


                  Citizens Bank River Aescue              Blackstone River Watervied Assm.
                  One Citizens Plaza                      North Bridge Town Hall
                  Providence, RI 02903                    Whitinsville, MA 01588
                  Phone (401) 272-3540                    (508) 234-8797


                  Me g Kerr                               Alicia Good Chief
                  Un@versity of Rhode Island              RI DEM, Div. of Water Resources
                  Coastal Resources Center                291 Promenade St
                  Narragansett, RI 02882.                 Providence, RI 02908
                  Phone (401) 792-6224                    Phone (401) 277-3%1
                  Fax (401)789-4670                       Fax (401) 521-4230









































                                                      12A.22 -






                  Appendix 12A


                                    Land tise Technical Advisory Sr1hcommittee


                      Laura Miguel/Jim Boyd                   Scott Millar   Bob Ballou
                      Coastal Resources Mgt- Council          RIDEM, Office of Env. Coordination
                      Oliver Steadman Govt. Center            83 Park St.
                      Tower Hill Rd.                          Providence, RI 02908
                      Wakefield, RI 02879                     Phone (401) 277-2776
                      Phone (401) 277-2476                    Fax (401) 277-2591
                      Fax (401) 277-3922

                      Susan Morrison / Vic Parmentier         Robert Weygand
                      Dept. of Administration                 Office of the Lieutenant Governor
                      Division of Planning                    State House, Room 317
                      One Capital Hill                        Providence, RI 02903
                      Providence, RI 02908-5871               Phorte (401) 277-2371
                      Phone (401) 277-2656
                      Fax (401)277-2083

                      Dean H. Albro, Chief / Charles          RI Farm Bureau Federation Inc.
                      Horbert                                 1845 Post Road
                      RI DEM, Div. of Freshwater              Warwick, RI 02886
                      Wetlands                                Phone (401) 737-5212
                      291 Promenade St.
                      Providence, RI 02908
                      Phone (401) 277-6820
                      Fax (401) 277-6177

                      Richard Ribb / Chris Deacutis           Daniel J. Beardsley, Jr.
                      kI DEM, Narragansett Bay Project        RI League of Cities and Towns
                      291 Promenade St                        One State St. Suite 502
                      Providence, RI 02908-5767               Providence, RI 02908
                      Phone (401) 277-3165                    Phone (401) 272-3434
                      Fax (401)521-4230
                      Ke-in Brubaker,- Pollc%- Anaivst        RI Association of Realtors
                      Office of the Governor                  120 Lavan St.
                      :22 State House                         Warcick, RI 02886
                      Providence, RI 02903                    Phone (401) 785-3650
                      Phone (401) 277-2080
                      Fax (401) 521-1665









                                                          12A.23 -






                Appendix 12A



                    Art Gold                                 RI Builders Association
                    URI College of Resource                  450 Vetrans Memorial Parkway
                    Development                              East Providence, RI 02914
                    Cooperative Extension                    Phone (401) 438-7400
                    Woodward Hall
                    Kingston, RI 02881
                    Phone (401) 792-2370
                    Fax (401) 792-4561

                    Vincent Palumbo                          Joeseph Paolino, Director
                    Department of Transportation             RI Depart3nent of Economic Dev.
                    Desing Section                           7 Jackson Walkway
                    2 Capital Hill                           Providence, RI 02903
                    Providence, RI  02903                    Phone (401) 277-2601
                    Phone (401) 277-2023

                    Virginia Lee                             Lori Ross
                    Coastal Resources Center                 Audubon Society of RI
                    URI, Graduate School of                  12 Sanderson Rd.
                    Oceanography                             Smithfield, RI 02917
                    Narragansett, RI 02882                   Phone (401) 949-5454
                    Phone (401) 792-6224

                    Mike Sullivan                            Barbara A. DeBuono/Walter Combs
                    RI State Conservation Committee          RI Dept. of Health
                    Plant Sci. Department, URI               3 Capital Hill
                    Kingston, RI 02881                       Providence, RI 02908
                    (401) 792-4540                           Phone (401) 277-2231
                                                             Fax (401) 277-6548

                    Art Gold                                 Dept. of Community Planning and
                    Department of Natural Resources          Development
                    U-niversitv of Rhode Island              University of Rhode Island
                    Woodward Hall-                           Rodman Hall
                    Kingston, RI 02881                       Kingston, RI 02881
                    Phone (401) 792-2495                     Phone (401) 792-2248

                    Ms. Joanne King                          Ms. Julie Parmentier
                    RI League of Women Voters                RI League of Women Voters
                    P.O. Box 28678                           180 Highland Ave.
                    Providence, RI 02906                     Providence, RI 02906







                                                         12A.24






                 Appendix 12A



                     RI Bar Association                      Nature Conservancy
                     115 Cedar St                            RI Field Office
                     Providence, RI 02912                    205 Governor St.
                     (401) 421-51740                         Providence, RI 02906
                                                             Phone (401) 331-7110

                     Brent Narkawicz                         John M. Lawrence/Ken Ayars
                     Am. Society of Landscape Architects     RI DEM, Div. of Agriculture
                     9 Martin St.                            22 Hayes St.
                     Cumberland, RI - 02864                  Providence, RI 02908
                     Phone (401) 334-7771                    Phone (401) 277-2601
                                                             Fax (401) 277-2102

                     Kevin Flynn                             Ken Kubic
                     Cranston City Hall                      Eastern RI Conservation District
                     869 Park Ave.                           East Passage Yachting Center
                     Cranston, RI 02910                      1 Lagoon Rd.
                     Phone (401) 461-9650                    Portsmouth, RI 02871
                     Fax (401) 461-9650                      Phone (401) 6834000
                                                             Fax (401) 683-6774 -

                     Robert Swanson                          Edward Baker, Jr.
                     Southern RI Conservation District       Northern RI Conservation District
                     39 Shannock Rd.                         I I Washington St.
                     Carolina, RI 02812                      Wakefield, RI 02879
                     Phone (401) 364-4069                    Phone (401) 277-6560
























                                                         12A.25 -






                  Appendix 12B                                                              diffwin4withAom Activities


                                                             Appendix 14-1621


                                               Meetings Related to S           ection 6217

                  Date         Meetings                    Desgription                      Attendance


                  2/1/93       Steering Comn-dttee on      Scheduled NPS pollution          Representatives from DEM,
                               interagency conference      interagency conference for       CRMC, SCS, CRC
                                                           March


                  2/3/93       Wood Pawcatuck              Update on Wood/ Pawcatuck        Representatives from URI,
                               Hydrologic Unit Area        HUA activities, work plan        SCS, ASCS, DEM, and CRMC
                               Meeting

                  2/3/93       Nonpoint Sou rce POI I Ll tion At URI Bay Campus,            Representatives from URI,
                               Forum                       planning and strategy session    SCS, Pond Watchers, CRMC
                                                           for outreach programs. ISIDS
                                                           Maintenance presentation

                  2/9/93       Management between          Strategy session for 6217        Representatives from DEM,
                               DEM & CRIVIC re: 6217       program development              CRMC

                  3/3/93       Interagency Workshop        Organizational meeting for       Representatives from SCS,
                                                           Interagency workshop on NPS      DEM, CRIVIC

                  3/24/93      Interagency Workshop        Organizational meeting for       Representatives of DEM
                                                           Interagency workshop on NPS      CRMC

                  4/7/93       CRMC / DEM ISDS             Discussed ISDS issues            CRMC Policy & Permitting
                               Denitrification Task                                         Staffs
                               Force


                  4/8/93       CRMC / RIDEM                Organized April 23               Representatives from DEM,
                               Workgroup                   interagency coordination         CRMC, SCS
                                                           agreement

                  4/19/93      NPS Committee               Organized NTS sub                Representatives from SCS in
                               organizing meeting          C()mmittee-'-                    Warwick. CRMC, DEM, SCS,
                                                                                            and Cooperative Extension
                                                                                            URI

                  4/23/93      Interagency staff meeting   Concerned 6217    319            SCS, NOAA, EPA, RIDEM,
                               on NPS                      8 presentations                  CRMC, URI 65-70 people









                                                                    12B.1 -






                    Appendix 12B                                                                     @11 tois Activities



                    Date         Meetings                     DescriRtion                       Attendance


                    5/3/93       Agriculture meeting          Informal meeting DEM Div.         Representatives from DEM
                                                              of Agriculture, discussed         CRMC
                                                              DEM's agriculture programs
                                                              and data sources


                    5/4/93       USDA Narragansett      Bay   Discussed public outreach         Representatives from SCS,
                                 Initiative                   efforts related to the            CE, ASCS, CRMC
                                                              Narragansett Bay Plan, N N
                                                              pollution, and the
                                                              USDA/SCS program.

                    5/5/93       CRMC / DEM ISDS              George Loomis gave                Several RIDEM and CRMC
                                 Denitrification task         presentation on                   staff attended
                                 Force                        denitrification from asoil
                                                              science perspective

                    5/6-7/93     National Cumulat    ive      Issues included wetlands and      35-4.0 organizations,
                                 Impacts Conference at        Nonpoint source                   researchers, and agencies
                                 URI Bay Campus                                                 attended
                                                                                                CRMC was represented

                    5/10/93      Narragansett Bay Project     Possible CT-' MC work tasks       CRMC Grover Fugate & Mark
                                 Executive Committee          funded by the NBP these           Imperial
                                                              tasks would compliment 6217

                    5/8/93       Proposal to NBP              Informal meeting to discuss       CRMC & Narragansett Bay
                                                              CRIVIC's proposal to integrate    Project
                                                              work tasks with 6217
                    5/24-27/93   New Engla-nd Interstate      Annual NPS Conference in          CRMC sent representatives
                                 Water Pollution Control      Cromwell CT. 6217/319
                                 Commission                   regional meeting

                    6/2/93       6217 workgroup at SCS        Organized advisory                Representatives from CRM    C,
                                                              committee structure and           DEM, RlDor, scs,
                                                              discussed mission and             Cooperative Extension URI,
                                                              responsibilities of advisory      CRC
                                                              committees.


                    6/2/93       Stormwater Management        Discussed Stormwater              Representatives from CRIVIC
                                 Meeting                      regulations anti 6217             DEM all divisions dealing
                                                                                                with stormwater











                                                                       1213.2 -






                  .Append..Ix 12B                                                                   Miriipm O'Wir. Activities


                   Date         MeCting                       Desgril2fion                       Aftendance


                   6/3/93       6217 Technical Assistance     Discussed technical                Representatives from CE
                                                              assistance as it applies to        CRMC
                                                              6217


                   6/9/93       CRMC / DEM ISDS               Presentation on Compo)sting        Representatives from CRMC
                                Denitrification Task          Systems                            & DEM
                                Force at DEM                  General Discussion


                   6/14/93      NPS workgroup                 Discussed creating and             Representatives from SCS,
                                                              function of Advisory               CE, CRC, CRMC, DEM,
                                                              Committees.                        RIDOP.


                   6/16/93      Program Development           Discussed Nonpoint Source          Vi rginia Lee.CRC
                                Meeting                       6217 program with CRC              Mark Imperial CRMC
                   6/22/93      Stormwater Management         Discussed state Stormwater         Representatives from DEM
                                                              Management Manual and              Div. of Freshwater
                                                              RIPDES                             Wetlands,
                                                                                                 CRMC

                   6/29/93      Dept. of Transportation       DOTs comments and how              Representatives from DOT
                                Stormwater Meeting            their agency could be              CRMC
                                                              incorporated into the
                                                              Stormwater manual


                   6/29/93      Stormwater/Erosion            Discussed creating a joint         Lauraine Joubert, URI
                                Management                    stormwAter / erosion               Eric Offenberg
                                                              management slideshow               Mark Imperial CRMC

                   7/2/93       Buffer Meeting                Coastal Resources Center           Representatives from CRC
                                                              presenta  .tion of their buffer    CRMC
                                                              project

                   7/6/93       RI Dept. of                   Comments on stormwater             Representatives from CRMC
                                Transportation                manual                             RIDOT

                   7/8/93       Stormwater Sr Erosion         Meeting w/ RIPDES general          Representatives from CRMC
                                Control Review                permit section of RIDEM,           DEM,general permit staff
                                                              discussed coordination of
                                                              stormwater and erosion /
                                                              sediment control reviews












                                                                        12B.3 -









                     Date         Meetings                     DescriRtion                      Attendangs


                     7/15/93      Non governmental             Meeting with the                 Representatives from CRMC
                                  organizations meeting        Environmental Council and        Save The Bay
                                                               Save The Bay discussed           Environmental Council
                                                               their role in 6217 advisory
                                                               committees


                     7/28/93      NPS Advisory Committee       Formalized Advisory              Various representatives from
                                                               Committee structure              federal and state agencies

                     8/25/93      6217 Progress Meeting        Misc. topics                     Representatives from DEM
                                                                                                CRMC


                     9/1/93       6217 Progress Meeting        Misc. topics                     Representatives from DEM
                                                                                                CRMC

                     9/7/93       6217 Progress Meeting        Misc. topics                     Representatives from DEM
                                                                                                CRMC

                     9/13/93      I-Ire Interagency NPS        Discussed scheduled INSAC        CRMC
                                  Advisory Committee           meeting for 9/14                 DEM
                                  Meeting                                                       RIDOP

                     9/14/93      Interagency Nonpoint         First Meeting                    Various  federal and state
                                  Source Advisory                                               agencies
                                  Committee


                     9/29/93      Marina Demonstration         Meeting held in Warwick          Various federal, state, local
                                  Tour                                                          officials and non
                                                                                                governmental representatives

                     9/30/93      Progress Meeting CRNIC       Discussed Marinas and 6217       Representatives : CRC, Mark
                                  & CRC                                                         Amaral
                                                                                                CRMC, Laura Miguel

                     10/7/93      RIPDES Workshop              Discussed Rhode Island,..        Held at SCS in Warwick
                                                               PollUtion Discharge              various agencies attended
                                                               Elimination System

                     10/20/93     Nonpoint Source Meeting      6217 Coordination Meeting        Representatives from EPA,
                                                                                                NOAA, RIDEM, CRMC












                                                                        12B.4 -






                     Appendix 12B                                                                      Md-M.S. icin Arb4tWZz


                     Date         Meetins                        Description                        Attendance


                     11/8/93      6217 Conference Call           Discussed 6217 with other          New England State NPS
                                                                 New England States                 Coordinators

                     11/23/93     6217 Forestry                  Discussed Forestry                 Representatives from RIDEM
                                  Coordination                   Management Measures                Div. of Forestry
                                                                                                    CRMC


                     11/24/93     CRMC / DEM ISDS Task           Discussed ISDS issues              At CRMC
                                  Force                                                             DEM


                     11/29/93     Alton Jones RI Coastal         30 minute discussion of 6217 to    CRMC: council, permitting
                                  Resources Management           council members and staff          and policy staff.
                                  Council & Staff Retreat

                     12/10/93     6217 Forestry                  Discussed Forestry                 Representatives from DEM
                                  Coordination Meeting           Management Measures                Div. of Forestry
                                                                                                    CRMC

                     12/14/93     6217 Forestry                  Discussed Forestry                 Representatives from DEM,
                                  Coordination Meeting           Management Measures                CRMC

                     12/14/93     General Coordination           Discussed state guide plan,        Representatives from DEM
                                  Meeting                        comp plans and enforceable         CRMC
                                                                 policies

                     1/20/94      General Coordination           Discussed coordination of          Representatives from DEM
                                  Meeting                                         and threshold     CRMC
                                                                 review process.

                     1/26/94      GIS Meeting                    Met with RIGIS to discuss          Representatives from CRMC
                                                                 equipment needs and                RIGIS
                                                                 coordination


                     1/27/94      General Coordination           Discussed coordination of          Representatives from DEM
                                  Meeting                        Subcommittees and threshold        CRMC
                                                                 review process

                     1/28/94      6217 Agriculture Meeting       Discussed Agriculture              Representatives from DEM
                                                                 management measures                Div. of Agriculture
                                                                                                    SCS and CRMC

                     1/31/94      Conference (in protecting      P U rpose wa s to fra me new       DEM Nonpoint Management
                                  New England's coastal          model for the conservation         Staff
                                  resources                      anti mAnagement of New
                                                                 England's threatened
                                                                 resources






                                                                          12B,,.5 -






                     Appendix 12B                                                                   MMY"lliten Activities


                     Date         Meetings                     Description                       Attendano

                     2/1/94       Quarterly NPS DEM            Discuss strategy for              DEM Division Chiefs
                                  Division Chiefs              compliance with                   and NPS Staff
                                  Meeting                      Section 6217

                     2/2/94       6217 Forestry Meeting        Meeting of DE  M Division of      DEM Division of Forest
                                                               Forest Environment and DEM        Environment and NPS Staff
                                                               NPS Staff to coordinate
                                                               Forestry exclusion starategy

                     2/2/94       6217 Conference Ca I I       Coordinate on Threshold           Representatives from DEM,
                                                               Review and CNPCP Meetings         CRMC, NOAA and EPA

                     2/4/94       6217 Agriculture Meeting     Meeting to coordinate             DEM NPS Staff, DEM
                                                               agriculture exclusion             Division of Agriculture, SCS,
                                                                                                 RI Farm Bureau


                     2/10/94      CRMC / DEM ISDS              Discussed 6217 ISDS               Representatives from CRMC
                                  Denitrification Task         requirements                      DEM
                                  Force


                     2/14/94      6217 Conference Call         Interagency Coordination          Representatives from DEM
                                                                                                 CRMC



                     2/14/94      Wetlands Threshold           DEM In-house coordination         DEM Division of Freshwater
                                  Review Coordination          for wetlands section of           Wetlands, NPS Staff
                                                               threshold review



                     2/16/94      PUMPOLIt Plan Meeting        Discussed comment.,; About Rl's   Representatives from CRMC
                                                               pLIMPOLIt plan                    Narragansett Bay Project

                     2/16/94      ISDS Subcommittee            Discussed ISDS reqUirements       Representatives from DEM
                                  Meeting                                                        CRMC & Various committee
                                                                                                 members


                     2/24/94      Public Outreach              Discussed 6217 Public             Various committee members
                                  Subcommittee-Meeting         outreach  requirements

                     2/24/94      Marina Subcommittee          DiSCUSSed Marina                  Various committee members
                                  Meefing                      Management Measures

                     3/1/94       New England Regional         Discussed various coastal         In Boston MA.
                                  Coastal Program              management issues including
                                  Managers Conference          6217

                     3/2/94       Agriculture and Forestry     6217 requirements and             Various committee members
                                  Subcommittee Meetings        existing state policies




                                                                        12B.6 -






                  Vppejidix 126
                                                                                                    WM04IMimt Activities


                   Date         A f eefingl                   Description                       Attendaixe

                   3/14/94      Urban Subcommittee            Discussed 6217 Urban              Various committee members
                                Meeting                       management measures

                   3/17/94      305(b) Update                 DEM In-house update on            DEM, Division of Water
                                                              status of 305(b) report and its   Resources, NPS Staff
                                                              impact on coastal issues

                   3/17/94      CRMC / DEM Water              Discussed water quality           Representatives from CRMC
                                Quality Work Group            issues dealing with NPS           DEM Div. of Water Quality



                   3/17/94      Narragansett Bay Project      Discussed Newsletter for          Various staff of DEM and
                                Public Outreach Meeting       locals                            CRMC

                   3/23-        Office of Ocean and           Discussed 6217 and state          Washington DC.
                   25/94        Coastal Resources             progress                          CRMC Represented
                                Management (OCRM)
                                Program Managers
                                Meeting

                   3/28/94      6217 Workshop                 Workshop on program               At URI Alton Jones Campus
                                                              changes to the Rl Coastal         CRMC staff, council member's
                                                              Resource-, Management Plan        and legal council attended
                                                              by 6217

                   3/,V/94      Marinas Subcommittee          Discussed proposed CRMC           Various committee members
                                                              regulation changes

                   4/l/94       Outreach Subcommittee         Discussed 6217 Outreach           Various committee members
                                Meeting                       requirements

                   4/6/94       ISDS Subcommittee             Discussed how RI Addresses        Various committee members
                                                              the management measure-,

                   4/8/94       Coordination meeting          Discussed various issues          CRMC staff and Alan Beck
                                with Narragansett Bay         including Section 6217            from the NERR
                                NERR


                   4/10-        Ocean Governance              One of issues discussed was       About a 100 people
                   12/94        Meeting in Lewes, DE          Section 6217

                   4/11/94      Public Outreach               Discussed the substance of the    Various committee members
                                Subcommittee                  public participation section of
                                                              the threshold review and
                                                              future Activities


                   4/19/94      CRMC/P\IDENI Water            Discussed issues related to       Various CRMC and RIDEM
                                QLlalit\' Workgroup           Stormwater management             staff present




                                                                       12B.7 -






                    ra.ppendix 12B                                                                 U-NUAID.Riteii Activities



                     Date         Meetings                     Descril2tion                      Attendance

                     4/26/94      CRMC/RIDEM                   Discussed ISDS issues and         Various RIDEM and CRMC
                                  Denitrification              threshold review                  staff present
                                  Workgroup

                     5/4/94       ISDS Subcommittee            Continue discussion of the        Various committee members
                                                               management measures and
                                                               the threshold review



                     5/9/94       interagency meeting on       Meeting to discuss framework      DEM NPS Staff, DEM
                                  threshold review and         for agriculture exclusion         Division of Agriculture, SCS
                                  update of 319 plan


                     5/10/94      Marina Subcommittee          Reviewed final draft of           Various committee members
                                                               proposed regulation changes
                                                               and response to comments;
                                                               discussed BMP manual;.and,
                                                               discussed coordination with
                                                               RirDES general permit
                                                               program

                     5/12/94      Agriculture Subcommittee     Reviewed the proposed             Various committee members
                                                               chapter of the threshold
                                                               review document


                     5/16/94      Public Outreach              Discussed the proposed public Various committee members
                                  Subcommittee                 participation chapter of the
                                                               threshold review


                     5/24-        NEIWPCA AnnUal               Discussed Section 6217 in a       Mark Imperial
                     26/94        Nonpoint Pollution           special session
                                  Control Conference


                     6/2/94       ISDS Subcommittee            Discussed final comments on       Various committee members
                                                               the ISDS sections of the
                                                               threshold review


                     6/2/94       CR.MC and RIDEM              Discussed Deadlines for           Scott Millar, Jim Riorden,
                                  Nonpoint Staff               finishing Threshold Review        Mark Imperial, and Laura
                                                               Sections                          Miguel


                     6/16/94      Threshold review             Coordination and                  NOAA, DEM NIPS Staff,
                                  coordination meeting         development of threshold          DEM Division of Water
                                                               review document                   Resources






                                                                        12B.8 -






                  Appendix 12B                                                             --mvIfflWarwon Activities


                  Date         MedLnp                       Description                      Attendance

                  6/22/94      CRMC/RIDEM                   Discussed enforcement of old     Various workgroup members
                               Denitrification              program changes and Green
                               Workgroup                    Hill Pond closure

                  6/29/94      Urban Subcommittee           Discussed CRMC's proposed        Various committee members
                                                            program changes and the
                                                            threshold review



                  6/30/94      ISDS Subcommittee            Meeting to discuss, coordinate   Various subcommittee
                                                            and review OSDS                  members
                                                            management measures and
                                                            comments


                  7/1/94       CRMC/RIDEM Water             Discussed issues related to      Various workgroup members
                               Quality Workgroup            improved coordination and
                                                            RJDEM's comments on
                                                            CRMC's draft marina
                                                            regulations

                  7/13/94      Urban Subcommittee           Discussed Urban Section of       Various Subcommittee
                                                            the Threshold Review             Members


                  7/14/94      INSAC Committee              Discussed Threshold Review       Various Conin-dttee Members
                                                            Materials



                  7/20/94      DEM In-house 6217            Threshold review document        Various DEM Divisions and
                               Meeting                      review and comment               DEM NrS Staff


                  8/24-        Threshold Review             Meeting with representatives     Reprentatives from NOAA,
                  25/94        Meeting                      of EPA and NOAA to discuss       EPA, CRMC, DEM, DOP and
                                                            development of RI's CNrCP        various state agencies.

                  9/7/94       CRMC/DEM Water               Discussed issues related to      Various workgroup members
                               Quality Workgroup            improved coordination and
                                                            draft regulations/policies
                  9/19         Coastal Nonpoint Source      Conference for state and         Representatives from state
                  9/22/94      Conference, Port Deposit,    federal representatives          coastal zone and water
                               MD                           involved in the developmnent     quality agencies, EPA and
                                                            of Section 6217 programs         NOAA

                  9/15/94      Narragansett Bay NPS         Discussed and coordinated        Representatives from MA
                               Management Committee         USDA, Cooperative                and RI Cooperative
                                                            Extension and other agency       Extension, NRSC, CZMA,
                                                            nonpoint source management       and others
                                                            initiatives/programs



                                                                    12B.9 -








                                                                                                                               'Wigs




                    Date         Meetings                      Description                        Attendance

                    10/18/94     Water Quality                 Discussed CRMC concerns            Representatives from CRMC
                                 Regulations Meeting           regarding proposed water           land RIDEM, Division of
                                                               quality regulations for the        Water Resources
                                                               State


                    11/3/94      CRMC/DEM Water                Discussed issues related to        Various workgroup members
                                 Quality Workgroup             improved coordination and
                                                               draft regulations/ policies


                    11/17/94     Storm Water Workshop          Meeting for representatives        Various private and
                                                               from public and private            regulatory individuals
                                                               interests to explain State
                                                               stormwater management
                                                               requirements and latest
                                                               techniques in effective
                                                               stormwater control


                    11/18/94 Water Quality                     Discussed CRMC concerns            Representatives from CRMC
                                 Regulations Meeting           regarding proposed water           and'RIDEM, Division of
                                                               quality regulations for the        Water Resources
                                                               State


                    12/9/94      Narragansett Bay              Daylong workshop to discuss        Bay project, URI, CRMC,
                                 Project Conference            ongoing efforts and improve        DEM, and various interest
                                                               ccordination throughout the        groups
                                                               state

                    1/3/95       Charlestown WWMD              Continued developing WWM           CRMC and DEM
                                 Commission Meeting            program for the town               representatives, town
                                                                                                  officials


                    1/10/95      RIOWTP Steering               DiSCLISS spring training           CRMC, DEM, NRCS, and
                                 Committee                     program for alternative and        private industry
                                                               innovative ISDS techniques

                    1/12/95      Planning Meeting for          Discuss possible workshop          DEM and CRMC
                                 6217 Workshop                 topics that Would result in        representatives
                                                               better understanding,
                                                               coordination and
                                                               implementation of 6217
                                                               requirements

                    1/11/95      State Conservation            Discuss conservation and           NRCS, Conservation
                                 Committee                     regulatory issues                  Districts, regulatory agencies
                                                                                                  (DEM & CRMC), RIDOT,
                                                                                                  DOP




                                                                        12B.10 -







                  Appendix 12B                                                                   wifteatr4cm Activities


                  Date         Meetings                     Descri]2601t                      Attendance


                  1/24/95      6217 Planning                Discuss strategies for            CRMC & DEM
                                                            responding to NOAA/EPA
                                                            comments on Threshold
                                                            Review and developing final
                                                            CNPcr


                  1/24/95      INSAC Meeting                INSAC members reviewed            Various Committee Members
                                                            portions of draft RI Nonpoint
                                                            Source Management Plan


                  1/31/95      RIOWTP Technical             Review proposed new DEM           CRMC, DEM, NRCS, URI
                               Review Committee             regulations for innovative        and private industry
                               Meeting                      and alternative wastewater
                                                            disposal techniques

                  2/1/95       Land Use Subcommittee        Reviewed draft sections of RI     Various Subcommittee
                               Meeting                      Nonpoint Source Manag ment        Members
                                                            Plan


                  2/2/95       Charlestown WWMD             Continued planning                CRMC and DEM
                               Commission Meeting           development and                   representatives, town
                                                            implementation of WWM             officials
                                                            program

                  2/2/95       Marina Certification         Discussed extending MCP and       Representatives from the
                               Program Meeting              potential incorporation of        marina industry, CRMC
                                                            O&M Plans into MCP


                  2/2/95       NPS Management Plan          Review DEM NPS Plan               CRMC, DEM, DOP
                               Meeting

                  2/7/95       Volunteer Water              Di;CLI-';S monitoring protocol    CRMC, DEM, URI, and
                               Quality Monitoring           and data usage                    various watershed groups
                               Steering Committee
                               Meeting

                  2/8/95       Municipal Watershed          Discuss watershed projects in     CRMC, DEM, NBP, NRCS,
                               Planning Committee           East Greenwich, North             URI
                                                            Kingston, & Warwick

                  2/9/95       Aquatic Habitat              Discuss aquatic habitat           CRMC, DEM, Save The Bay
                               Meeting                      restoration









                                                                     12B.11 -






                     F@ppenclix 12B                                                                   1"NUFAIM itut Activities


                     Date         WLE@efinp                     Degript      ion                  AttendaftV&


                     2/13/95      RIOWTP Technical              Review proposed DEM ISDS          CRMC, DEM, NRCS, URI,
                                  Review Committee              regulations                       and private industry


                     2/14/95      Marina Collaborative          Planning session for April        CRMC, DEM, DIED, DOP,
                                                                workshop on state regulatory
                                                                and pollution prevention
                                                                programs



                     2/27/95      State Conservation            Discuss conservation &            CRMC, DEM, DOP, DOT,
                                  Committee                     regulatory issues                 NRCS, Conservation
                                                                                                  Districts


                     2/28/95      INSAC Meeting                 Reviewed draft sections of RI     Various Committee Members
                                                                Nonpoint Source Managment
                                                                Plan



                     2/28/95      On-site Waste Water           Review proposed DEM ISDS,         CRMC, DEM, NRCS, URI,
                                  Training Program              regulations                       and private industry
                                  Technical Review
                                  Committee


                     3'/7/95      RIOWTP Steering               Discuss upcoming ISDS             CRMC, DEM, NRCS, URI,
                                  Committee                     workshops                         and private industry

                     3/8/95       RI Watershed                  Coordinate watershed              CRMC, DEM, DOP, NBP,
                                  Management                    projects in Greenwich Bay         URICE
                                  Collaborative                 and Hunt-Potowomut
                                                                watershed


                     3/9/95       Aquatic Habitat               Discuss aquatic habitat           CRMC, DEM, Save The Bay
                                  Meeting                       restoration

                     3/10/95      Meeting with CT.              Discussed, in part,               Representatives from CRMC
                                  Coastal Program               approaches for meeting 6217       and CT Coastal Program
                                  Representatives               requirements

                     3/14/95      RIOWTP Technical              Review DEM ISPS                   CRMC, DEM, NRCS, URI,
                                  Review Committee              Regulations                       and private industry

                     3/21/95      RIOWTP Technical              Review OWTP literature for        CRMC, DEM, NRCS, URI,
                                  Review Committee              workbooks                         and private industry

                     3/23/95      Greenwich Bay Task            Discuss water quality issues      CRMC, DEM, NBP, URI,
                                  Force                         in Greenwich Bay                  City of Warwick




                                                                        12B.12 -







                  Appendix 12B


                  Date        Meetingas                        escription                    Attendance


                  3/27/95     State Conservation            Discuss conservation &           CRMC, DEM, DOP, DOT,
                              Committee                     regulatory issues                NRCS, Conservation
                                                                                             Districts

                  3/28/95     RIOWTP Steering               Review OWTP training             CRMC, DEM, URI, and
                              Committee                     modules for workshops            private industry


                  3/29/95     INSAC Meeting                 Review portions of draft RI      Various Committee Members
                                                            Nonpoint Source
                                                            Management, Plan


                  3/30/95     Rhode Island, Regulatory      Meeting of state agency          Representatives from DEM
                              Workshop                      representatives and local        local officials
                                                            officials on various state
                                                            regulatory programs

                  3/30/95     Technical Review              Review of training modules       CRMC, DEM, URI, and
                              Committee Meeting for         for "Designers Workshop"         private industry
                              RIOWTP



                  4/1-7/95    National Conference in        Week-long train  ing program     NERRS and CZM
                              Monrovia, NY on remote        on incorporating remote          representatives
                              sensing and its               sensing data and techniques
                              application to NPS            into nonpoint source
                              Pollution outreach            management outreach and
                              activities                    education efforts


                  4/4/95      NBP Implementation            Discuss NBP budget FY'95         CRMC, DEM, DOADOP,.
                              Committee Meeting                                              NBP, EPA

                  4/11-       RI Onsite Waste Water         "Designers Workshop"             Representatives from CRMC,
                  12/95       Training Program                                               URI, DEM and private
                                                                                             industry

                  4/18/95     Greenwich Bay Task            Discuss water quality issues     CRMC, DEM, NBP, URI,
                              Force                         for Greenwich Bay                City of Warwick

                  4/19/95     RI Watershed                  Coordir)ation of watershed       CRMC, DEM, DOP, NBP,
                              Management                    management activities            URICE
                              Collaborative










                                                                    12B.13 -






                    Appendix 12B                                                                WTFff 4M. itou Activities


                                      6217 Presentations and Public Ouh-each Activities


                        Date/ Event                      Description                     Attendance


                        June 18,1992-First Annual RI     Discussed NPS control in        85 People
                        NPS Symposium                    RI, 6217, workshops on          Sponsored by CRMC,
                                                         public outreach &               RIDEM, SCS, and URI
                                                         Intergovernmental               Cooperative Extension
                                                         Coordination


                        2/18/93-Presentation to          Discussed 6217 and              15 People and
                        ASCS Board of                    agriculture management          CRMC
                        Directors and staff              measures


                        3/11-12/93-New                   Presentation given on           Portsmouth NH.
                        England Leadership               NPS control in RI,              40 People from
                        Meeting                          6217                            conservation districts
                                                                                         throughout New
                                                                                         England

                        3/10-14/93-RI Boat               Distributed Facts Sheets        General Public
                        Show                             on 6217


                        4/20/93-Presentation to          Presentation on CRMC,           50 Students
                        East Greenwich Middle            Nonpoint                        Presentation by CRMC
                        School                           Source Pollution


                        4/28/93-6217                     Presentation on CRMC            13 Members Pawcatuck
                        Presentation                     and 6217 to the                 HUA
                                                         PaWCatUck Hydrologic            Hosted by CRMC at URI
                                                         Unit Area Steering
                                                         Committee


                        9/2/93-6217 Literature           Mailed 6217 Newsletter
                        distribution


                        10/18-19/94-Special              Conference concerning           CRMC and other state and
                        Area Management Plan             CRMC's SAMPs,                   regional planning programs
                        Conference                       distributed 6217
                                                         materials


                        10/29/93-6217                    Distributed 6217
                        Literature Distribution          newsletter to URI faculty
                                                         and Graduate Students











                                                                     12B.14 -







                 Appendix 12B


                      Date/Event                        DescriRtion                       Attendance

                      12/10/93-Distribution of          NPS 6217 materials                RIDEM, Narragansett Bay
                      Public Outreach Materials         distributed at NBP                Project
                                                        Implementation                    CRMC
                                                        Committee Meeting,
                                                        NBP Policy Committee
                                                        Meeting



                      2/9/94-Presentation NPS           CRMC Executive Director           CRMC
                                                        gave presentation at
                                                        Navigating Beyond '94

                      2/16/94-Presentation              Presentation to State             State Conservation
                                                        Ginservation Cc)mryiittee         Committee Presented by
                                                        (in CRMC water quality            CRMC
                                                        programs and 6217

                      3/21/94-Presentation              Presentation on erosion           Sponsored by RI
                                                        and sediment control              Conservation Districts
                                                        workshop

                      4/4/94 - Presentation             Presentation to the RI Marine     Approximately 30 members of
                                                        Trades Association (I@IMTA)       RIMPTA
                                                        (in the CRMC's proposed
                                                        marina regulations

                      4/5/94 - Lecture                  Taught a Marine Affairs           Approximately 40 students
                                                        Graduate Class which              and faculty
                                                        focused on the Section 6217
                                                        requirements and coastal zone
                                                        management

                      4/11/94 - Presentation            Presentation on Evaluating        Approximately 100 people in
                                                        Section 6217 at the Ocean         attendance
                                                        G(wernance Ginference in
                                                        Lewes, DE

                      4/13/94 - Presentation            Presentatitin (in stormwater      Approximately 40 local
                                                        management and the Section        officials and members of the
                                                        6217 requirements hi a            public
                                                        municipal training program
                                                        run by the URI CE and CRC











                                                                    12B.15 -






                     Appendix 12B                                                                     -Mmolva Activities



                          Date / Event                      Description                       Attendance

                          5/2/94 - Presentations (2)        Presentations of the new          Approximately 60 design
                                                            stormwater manual and the         professionals and local
                                                            CRMC's stormwater                 officials
                                                            management regulations and
                                                            on the Section 6217
                                                            re@juirements at a stormwater
                                                            management conference
                                                            hosted by the conservation
                                                            districts



                          5/24/94 - Presentation            Presentation CRMC's salt          Approximately 100 people in
                                                            Ponds SAM plan's                  attendance
                                                            implementation and nonpoint
                                                            pollution control measures at
                                                            the 4th annual NEIWPCA
                                                            conference in Portland, ME

                          5/21/94 - Display                 Bring Back Greenwich Bay          Approximately 600 people in
                                                            Day. Handed out Section.          attendance
                                                            6217 materials


                          6/6/94 - Lecture                  Taught a 4th grade class at       Approximately 50 children
                                                            Hampton Meadows Schoo-il in
                                                                                    e anc
                                                            Barrington on water us       i
                                                            tVie concept (if nonpoint rUnoff

                          6/14/94 - Presentation            Pre,;entation to the Salt Ponds Approximately 20 people in
                                                            Coalition on the CRMC and         attendance
                                                            itS Current planning
                                                            initiatives including Section
                                                            6217


                          2/1/94                            Stormwater management
                                                            presentation

                          3/30/94 - Presentation-           Presentation to local officials, Approximately 100 local
                                                            on RI's NPS Program at Rl         Officials
                                                            RegUlatory Workshop

                          11/17/94                          Representation on CRMC            Various private and
                                                            regUlations at Stormwater         regulatory representatives
                                                            Workshop








                                                                         12B.16 -






             17hapter 13                                             1,61MINUMMv Monitoring


                                                Cha  pter 13
                                        Water Quality Monitoring


              Section 6217(g) calls for a description of any necessary monitoring techniques to
              accompany the management measures to assess over time the success of the
              measures in reducing pollution loads and improving water quality. The 6217(g)
              Guidance describes two general types of recommended monitoring and tracking
              techniques:

              1)    Measuring changes in pollution loads and in water quality that may result
              from the implementation of management measures [Monitoring].

              2)    Ensuring that management measures are implemented, inspected, and main-
              tained properly [Tracking].


              1. Monitoring

              With regard to water quality monitoring, Rhode Island has several state and federal
              programs in place, as well as a host of volunteer monitoring programs.


              State and Federal Monitoring Programs

              With regard to water quality monitoring, RIDEM conducts several distinct surface
              water monitoring programs that can be used to measure changes in water quality
              attributable to reductions in nonpoint Source pollution. A brief description of these
              programs follows.

              1. Beach Monitoring,- Each year, RIDEM performs water quality checks on all State
              owned and operated freshwater and saltwater beaches in Rhode Island. These
              beaches are tested once a year, just prior to the bathing season, for total and fecal
              coliform. Several beaches, considered susceptible to various sources of bacterial
              input, are monitored on a weekly or bi-monthly basis throughout the bathing
              season. If samplings show fecal @oliform numbers that exceed standards, follow-up
              sampling is conducted. Sampling for all other Department of Health-licensed
              beaches is the responsibility of the Department of Health.

              2. Shellfish Growing Area Monitoring This monitoring program is part of the State
              of Rhode Island's agreement with the USFDA's National Shellfish Sanitation
              Program. Samples are collected from 17 separate shellfish growing areas and
              analyzed for total and fecal coliform bacteria. The 17 growing areas encompass all of
              Narragansett Bay and its shellfish harboring tributaries, all the south shore coastal
              salt ponds, Little Narragansett Bay, Block Island and offshore waters. Each of the 17






                                                                           11 .9 (WROOM nZAAA to] u 1P

                growing areas incorpc- les anyi,,here from 9 to 39 -fixed sampling stations. Samples
                are collected monthly from some stations and six times a year from other stations.

                Additional monitoring programs     include a paralytic shellfish monitoring program
                and a shellfish meat analysis program.

                3. USGS Monitoring Fixed Stations RIDEM contracts with the U.S. Geological
                Survey to conduct riverine trend monitoring on a monthly basis at six stations in
                four of the state's major rivers: the Blackstone, Branch, Pawtuxet, and Pawcatuck.
                Samples are analyzed for a broad range   of parameters.

                4. RJDEM Supplemental Monitoring RIDEM collects samples once per year during
                low-flow perfc@ds at eleven stations in nine rivers and streams. Samples are
                analyzed for a range of parameters, including, conventional pollutants, bacteria,
                selected metals, chlorinated hydrocarbons, and volatile organics.

                5. RIDEM Chemical Baseline Monitoring RIDEM contracts with the Univer-sity of
                Rhode Island to conduct baseline monitoring at approximately 25 stations in
                various Rhode  'Island rivers. Samples are analyzed for trace metals, bacteriological
                indicators, nutrients, and other parameters.

                6. Biological MonitorjU RIDEM conducts biological monitoring, using artificial
                invertebrate-substrate methods, on a yearly basis at seven stations on the Branch,
                Blackstone, Pawtuxet, Pawcatuck, and Wood Rivers. In addition to this in-house
                ambient trend monitoring, RIDEM has initiated a Rapid Bioassessment Study of 40
                new stream sections.

                7. Comprehensive Conservation and-Management Plan for Narragansett Bay.
                During the characterization phase in the development of the Comprehensive
                Conservation and Management Plan for. Narragansett Bay, a variety of monitoring
                and baseline assessment programs were conducted throughout the Narragansett Bay
                watershed. Measurements were takeii of water quality, trace metals in hardshell
                clams, and toxic contaminant levels in sediments. Few historical baywide long-term
                data sets exist to compare with the@e results. However, changes in pollutant loads
                can sometimes be surmised from other Sources such as old navigation maps and
                historic fisheries documents which often provide descriptions of historic locations
                of eelgrass beds and significant changes in bay natural resources noted by those
                involved in commerce. Historic load estimates, changes in the transport of
                pollutants, and location of potential "hot spots" to the bay can also be developed
                based on information gained from the socio-economic/ industrialization history of
                the watershed.


                A second source utilized by RIDEM's Narragansett Bay Project (NBP) is the
                information which can be extracted from sediment cores. The concentration of
                conservative pollutants such as some heavy metals can be measured at different


                                                        -13.2-





               K@hapter 13                                                    VA "IMM111h, Monitoring

                depths in the core, allowing inference of ch.-.: -.ges ir, pollutant loads to the Bay over
                time. Probable dates can be assigned to these changing levels using radioisotope
                marker techniques and estimates of the rate that sediments accumulate. Through
                this techniques, the NBP now has a valuable historic record of metal trends in the
                sediments throughout the Bay.

                In addition, the NBP funded a study to determine water quality sources and impacts
                during wet weather. The-impacts of discharges on the Providence River were
                determined through a comprehensive field program which monitored the system
                before, during and after wet weather events. The intent was to calibrate a model
                under wet weather conditions.

                8. Blackstone River Initiative This project is a federally funded multi-state
                investigation of wet and dry weather pollutant loadings along the entire length of
                the second largest freshwater source to Narragansett bay. This cooperative project is
                coordinated by URI and involves staff from the regulatory agencies of both
                Massachusetts (MADEP) and Rhode Island (RIDEM), as well as the USEPA Region I.
                Results of the study will provide a calibrated model that clearly distinguishes the
                relative impacts of point -and nonpoint sources, including contaminated sediment
                transport on the water quality of the river, as well as a more refined estimate of the
                annual loads from this major river and all its pollution sources to the Providence
                River/Upper Bay.

                9. Complaint Investigations RIDEM regularly investigates a variety of water quality
                complaints. During the 1992-1993 period, a total of 723 complaints were investigat-
                ed. These complaints in,-.,olved: 297 illegal discharge's to surface water; 192
                questions regarding surface water quality, with testing performed; 69 reports of
                debris in surface water; and 165 point-source related or miscellaneous complaints.

                10. Intensive River Surveys Through cooperative efforts with URI, intensive river
                surveys, including dry and wet weather surveys, have been conducted on the
                Pawtuxet, Blackstone, and Pawcatuck Rivers.

                In addition to RIDEM's monitoring programs, the EPA is also involved in
                monitoring Rhode Istand's waters through its Environmental Monitoring and
                Assessment Program (EMAP). EMAP is a long-term monitoring program to
                determine trends in, and the condition of, the nation's ecological resources.
                Estuarine stations in Rhode Island are located in Block Island Sound and
                Narragansett Bay. Parameters measured include dissolved oxygen, temperature,
                salinity, conductivity, pH, Suspended solids, benthic biomass, water chemistry,
                benthic biomass, health of fish, fish populations, sediment toxicity, sediment
                contaminants, sediment composition, and sediment grain size. In addition, EMAP
                has 'sampled the following lakes in Rhode Island: Mountaindale Reservoir, Watson
                Reservoir, and Mansi's Pond.




                                                          -13.3-







                                                                                     Monitoring


                Volunteer Monitoring Programs

                In addition to RIDEM's and EPA's monitoring programs, volunteer monitoring by
                citizens has become an important environmental monitoring force within Rhode
                Island. Its popularity is reflected in the growing number of volunteer monitoring
                programs and in the increased number of volunteers and monitoring stations being
                added to programs. Some of the most well-established volunteer monitoring
                programs in Rhode Island are highlighted below.

                1. Salt Pond Watchers Program Under the auspices of the Salt Ponds Coalition, the
                Pond Watchers Program monitors water quality conditions in the salt ponds along
                Rhode Island's south shore.


                2. Watershed Watch Program Coordinated by Cooperative Extension personnel in
                URI's Department of Natural Resources Science, this program involves over 200
                volunteers who monitor water quality conditions in 80 lakes and tributaries in
                twelve of Rhode Island's 14 major watersheds.

                3. Block Island Pond Watcher -Program Under the allspices of the Committee for the
                Great Salt Pond, the Great Salt Pond Watchers is a citizen volunteer monitoring
                group who measure fecal coliform, nutrients, salinity, temperature, water clarity,
                and dissolved oxygen in the pond.

                4. Narragansett Bay National Estuarine Research Reserve Under the Reserve's
                volunteer program, volunteers from the Prudence Conservancy monitor two
                stations in Narragansett Bay associated with Prudence Island: Potter Cove and the T
                Wharf. Parameters measure,,, are dissolved oxygen, salinity, temperature, pH, and
                water clarity.

                5. Kickemitit Riv er COLInCil Prog:,ram Under the auspices of the Kickernuit River
                Council, a volunteers have cond ucted shoreline Surveys and a follow-up pipe
                monitoring program. Volunteers collect monthly wet weather samples which are
                analyzed for total and fecal coliform. The group plans to continue their bacteria
                monitoring and expand the program to include ambient water quality monitoring.

                6. Pokanoket Watershed Alliance Program Working in conjunction with the New
                England. Interstate Water POHLItI01-1 Control Commission and state and municipal
                governments, the Alliance has been conducting regular bacteria monitoring along
                the river, as wellas shoreline surveys.

                7. Palmer River Watershed Alliancg Program A new water quality monitoring
                program, -involving some 40 Volunteers,. will be targeting the Palmer River.
                Shoreline surveys will also be conducted.

                8. Wood-Pawcatuck Watershed As5ociation In addition to being involved in URI's


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                WM7L-vi 13                                                    'Alf-TWOZZU41 Monitoring

                Watershed Watch Program, the Association, with a grant from the RI Coastal
                Resources Management Council, has recently begun monitoring the estuarine
                portion of the Pawcatuck River between Pawcatuck Rock and the Route 1 bridge in
                Westerly. Measurements of salinity, temperature, and dissolved oxygen are taken at
                nine statio'ns every two weeks. The Association plans to expand these efforts to
                investigate sources of bacterial contamination in the Pawcatuck River estuary.

                9. Bay Watcher and Bay Keeper Programs Save The Bay's Bay Watcher Program
                conducts water quality monitoring with volunteers, focusing on coves and estuaries
                throughout Narragansett Bay. On a monthly basis, from May through November,
                volunteers monitor dissolved oxygen, salinity, water temperature, water clarity, and
                fecal coliform. Shoreline surveys are also conducted. Save The Bay's Bay Keeper
                Program, staffed by Save The Bay personnel, measures parameters throughout the
                water column at eight to ten mid-Bay sites twice a month.

                10. Whole Rivers Program Developed as a collaborative network between six
                Narragansett Bay high schools, this program conducts water quality monitoring on
                the Runnins River, the Woonasquatucket River, Hardig and Buckeye Brooks, the
                Blackstone River, the Mosshasuck River, and the West River.



                Increasing Assessment of Surface Waters

                RIDEM recognizes that, despite the extensive coverage afforded by the above-
                described programs, there are still wide gaps in the information available to RIDEM
                on the true water quality of the State's diverse surface waters, especially for coastal
                waters.


                The monitoring needs for Narragansett Bay are being addressed by a Long-Term
                Monitoring Plan under the Narragansett Bay Project (NBP). The NBP has had URI
                researches develop a long-term monitoring plan for the Bay which provides a tiered
                approach that can be expanded to fit varied levels of future funding. The plan
                recommends developing long-term records of the annual riverine loading changes
                to the Bay, as well as annual review of changes in point source loadings from
                discharge monitoring reports, v,,hile tracking trends for toxic contaminants in the
                Bay through sediment core analyses on a five year cycle. There is also a projected
                need to begin developing a long-term database of eutrophication-related
                measurements. The report urges a regular summer eight-week coastal monitoring
                program for dissolved oxygen levels, as well as dissolved nutrients and chlorophyll
                a. At present there are no state or federal sources of long-term funding to initiate
                such a baseline long-term monitoring effort.

                Since 1988, the Water Quality Planning Section of RIDEM's Division of Water
                Resources has attempted to examine the freshwater monitoring/ assessment needs
                for Rhode Island and attempted to close the data gap for freshwaters in a cost-








               ef.'_ -tive -,,,,,y- A supplemental monitoring program was developed in 1988-1989,
               using federal funds from several sources [e.g., 205(j)] to examine waters outside of
               the major reaches of the Blackstone, Pawtuxet, and Pawcatuck Rivers. Some 30
               river points and 35 ponds/lakes were monitored through 1990. In addition, a water
               quality assessment of 34 different ponds, mainly in southern Rhode Island, was
               performed for RIDEM by URI in 1989-1990 under a USEPA Lakes Assessment Grant.

               Since 1991, RIDEM staff continued this effort to obtain -at least limited baseline
               "snapshots" of water quality conditions for 25 other sites where data is lacking.
               There was also. a desire- to examine the possibility of developing baseline
               information on biological macroinvertebrate community health, using the USEPA's
               Rapid Bioassessment Protocols at 40 stream sites in Rhode island. The sites have
               been surveyed in the spring through fall months by researchers from Roger
               Williams College. At 25 stream stations in close proximity to over half of the 40
               stream sites, chemical water quality samples have been taken on a quarterly basis
               since 1991 by URI researchers.

               It is hoped that these chemical and biological baseline monitoring efforts can be
               continued in the future. The success of Rhode Island's basic monitoring program
               will depend on the availability of adequate funds and the ability to continue such
               cooperative water quality research efforts with local university and college research
               scientists and engineers.

               During the past several years, there appeared to be little or no opportunity to use
               Section 319 funds for monitoring or assessment activities. However, based on new
               Section 319 Guidance developed by EPA, it appears that it may be possible to use
               some Section 319 funds for certain monitoring activities that are linked to specific
               nonpoint source abatement pro)ects. RIDEM's Nonpoint Source Pollution
               Management Program will be considering this option as it formulates its Section 319
               work plans over the next several years.

               For further information on all of the above-described monitoring programs, see,the
               Rhode Island 1994 305(b) Report.


               IL Tracking

               Rhode Island has a number of programs in place which will help to ensure that the
               6217 management measures are implemented, inspected, and maintained properly.
               The most important of these programs are:

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

               9 Rhode Island Coastal Resources Management Program


                                                       -13.6-






              ISM                                                      NOAA COASTAL SERVICES CTR LIBRARY

                                                                       3 6668 14112941 3
                  -Permit requiremen..
                  -Harbor Management Program

               * RIDEM, Division of Freshwater Wetlands
                  -Permit requirements
                  -Dam Safety Program

               0  RIDEM, Division of Groundwater and ISDS
                  -Permit requirements

               *  RIDEM, Division of Water Resources
                  -Permit requirements

               For more information on the general nature of these programs, see Chapter 2. For
               more information on how these programs will be used to implement. and track
               individual manage-ment measures, see Chapters 6 through 9.



































                                                    -13.7-