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





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                                  RHODE ISLAND COASTAL NONPOINT PROGRAM
                                              FINDINGS AND CONDITIONS


               INTRODUCTION


                      The U.S. Environmental Protection Agency (EPA) and the National Oceanic and
               Atmospheric Administration (NOAA) approve the coastal nonpoint pollution control program
               submitted by the State of Rhode Island pursuant to Section 6217(a) of the Coastal Zone Act
               Reauthorization Amendments of 1990 (CZARA), subject to certain conditions.

                      This document provides the specific findings used by NOAA and EPA as the basis for the
               decision to approve the State's program. It also provides the rationale for the findings and '
               includes the conditions that have been established for Rhode Island to receive final approval of
               its program. We recognize that Rhode Island has already proposed some changes to its program
               that would, if finalized, ensure implementation of the management measures in conformity with
               the section 6217(g) guidance. In these cases, the conditions are based on the State's proposed
               changes. Timeframes for meeting conditions will become effective upon the date stamped on the
               approval letter for these findings.

                      NOAA and EPA have written this document as succinctly as possible. Where
               appropriate, NOAA and EPA have grouped categories and subcategories of management
               measures into a single finding. The structure of each finding follows a standard format.
               Generally, the finding is that the State program includes or does not include management
               measures in conformity with the section 6217(g) guidance and includes or does not include
               enforceable policies and mechanisms to ensure implementation. In some cases, the finding
               reflects that the State has identified a back-up enforceable policy, but has not yet demonstrated
               the ability of the authority to ensure implementation. For further understanding of terms used in
               this document, the reader is referred to the following:

               Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal
               Waters (EPA, January 1993)
               Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance
               (NOAA and EPA, January 1993)
               Flexibilityfor State Coastal Nonpoint Programs (NOAA and EPA, March 1995)

                      The references in this document to page numbers and text refer to the Rhode Island
               Coastal Nonl2oint Program, Final Program Submittal, July 1995 ("program submittal"). We have
               relied upon, but do not repeat here, the extensive information that the State included in the
               program submittal. Further information and analysis, including material provided by Rhode
               Island subsequent to the program submittal, is contained in the administrative record for this
               approval decision and may be reviewed by interested parties at the following locations:

               EPA/Office of Wetlands, Oceans and Watersheds
               Assessment & Watershed Protection Division
               Nonpoint Source Control Branch
               401 M St., SW (4503-F)
               Washington, DC 20460
               Contact: Kristen Martin (202/260-7108)







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               NOAA/Office of Ocean and Coastal Resource Management
               Coastal Programs Division
               SSMC-4, N/ORM3
               1305 East West Highway
               Silver Spring, MD 20910
               Contact: Pat Scott (301/713-3105, xl5l)

               U.S. EPA, Region I
               Kennedy Federal Building
               Boston, MA 02203
               Contact: JoAnne Sulak (617/565-3619)


               1.     BOUNDARY


               FINDING: Rhode Island has included the entire State as the management area within which it
               will implement the coastal nonpoint program. Therefore, Rhode Island's boundary is sufficient to
               control the land and water uses that have or are reasonably expected to have a significant impact
               on the coastal waters of Rhode Island.


               11.   AGRICULTURE


               FINDING: Rhode Island has provided sufficient justification for a categorical exclusion of
               agriculture, except for exclusion of the measures for confined animal facilities and the nutrient
               management measure as it applies to animal waste. Rhode Island's program includes
               management measures in conformity with the 6217(g) guidance for confined animal facilities and
               nutrient management as it applies to animal waste. Rhode Island has identified back-up
               enforceable policies and mechanisms for implementing these management measures but has not
               yet demonstrated the ability of the authorities to ensure widespread implementation throughout
               the 6217 management area.

               CONDITION: Within three years, Rhode Island will demonstrate the State's ability to achieve
               widespread implementation of the management measures for confined animal facilities and
               nutrient management as it applies to animal waste agricultural management measures using the
               approach described in the letter referenced below in the Rationale. Within one year, Rhode
               Island will identify measurable results to be achieved during this three year timeframe.

               RATIONALE: Rhode Island has demonstrated that agriculture is generally not a significant
               contributor of pollutants to Rhode Island's coastal waters and agriculture is declining as a land
               use in the State. Therefore, except as described below, Rhode Island's exclusion of agriculture
               from its program is justified. Rhode Island has not demonstrated that exclusion is warranted
               with respect to confined animal facilities (large and small) and nutrient management as it applies
               to animal waste. Table 2, page 4.3 of the program submittal indicates that there are 39 dairy
               farms, 9 poultry operations, 17 hog operations, and 30 beef operations in Rhode Island. These
               are distributed throughout each of the counties of the State (Table 3, page 4.3) and, with the
               exception of the beef operations, most meet the applicability thresholds described in the 6217(g)
               guidance. Given their proximity to coastal waters, the se operations present a significant threat to


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               coastal waters by discharge from the operations themselves as well as from land application of
               animal waste.


                       Subsequent to the program submittal, Rhode Island submitted a letter providing
               additional information on how the State could implement the agricultural management measures
               for confined animal facilities and nutrient management as it applies to animal waste. As
               described in a letter from Scott Millar, Rhode Island Department of Environmental Management
               (RIDEM) to Peyton Robertson, NOAA, dated December 11, 1995, Rhode Island has authority
               under the State's Water Quality Regulationsfor Water Pollution Control to issue permits for
               confined animal facilities and take enforcement action against anyone who discharges
               agricultural wastes without a permit or in any manner that degrades water quality.

                       Under an existing Memorandum of Understanding signed by RIDEM, the U.S.
               Department of Agriculture Natural Resources Conservation Service (NRCS) and U.S.
               Department of Agriculture Farm Services Agency (FSA), agricultural projects shall be planned
               and designed in accordance with the NRCS Field Office Technical Guide, NRCS National
               Planning. Procedures Handbook, and NRCS Agricultural Waste Management Field Handbook.
               These documents include practices that are in conformity with the 6217(g) guidance for confined
               animal facilities and nutrient management. Rhode Island proposes to use the State's voluntary
               programs, administered by the RIDEM Division of Agriculture, NRCS and FSA, backed by the
               State's water quality regulations, as a means to ensure implementation of the management
               measures for confined animal facilities and nutrient management as it applies to animal waste.


               111. FORESTRY


               FINDING: Rhode Island has provided sufficient justification to support a categorical exclusion
               of forestry from its coastal nonpoint program.

               RATIONALE: Most forested land in Rhode Island is subdivided into small tracts (I to 9 acres),
               and most of the limited forestry activity occurs in the western portion of the State, at a
               considerable distance from the coast. Cumulative removal volumes are low and have been
               declining over the past 20 years. Therefore, forestry activities do not and are not reasonably
               anticipated to present significant adverse impacts to coastal waters.


               IV. URBAN RUNOFF


               A. NEW DEVELOPMENT


               FINDING: Rhode Island's program includes management measures in conformity with the
               6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation.

               RATIONALE: Rhode Island's Coastal Resources Management Council (CRMC) implements a
               permitting program that includes stormwater management requirements in conformity with the
               6217(g) guidance, and RIDEM implements a freshwater wetland permitting program that
               includes practices designed to achieve the management measure. Due to the extremely broad
               jurisdiction of the freshwater wetlands permitting program, with the ability to evaluate any


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               activity (regardless of location) which might have a potential impact on freshwater wetlands, and
               the specific requirements of the CRMC permitting program, the State has the ability to
               effectively implement the new development management measure. The State Land Development
               and Subdivision Review Enabling Act of 1992 includes requirements for plan submissions to
               local governments as part of their comprehensive plans, zoning ordinances and subdivision
               regulations. Section 45-23-41 A (2) requires that, prior to any local approval of a building permit
               or other local permits, an applicant must have all necessary State permits, including CRMC and
               RIDEM freshwater wetlands permits and a preliminary suitability analysis for onsite disposal
               systems. This provision provides further insurance that no project with the potential to impact
               coastal waters can begin prior to CRMC and/or RIDEM review and approval.

                       Rhode Island plans to further improve implementation of State laws related to land use
               planning, including development of a model Stormwater Control Ordinance. This model
               ordinance will be implemented through changes to local subdivision and zoning ordinances as
               described on page 6.35 of the program submittal. NOAA and EPA encourage the State to
               complete its model Stormwater Control Ordinance. This model ordinance will provide an
               additional tool to manage urban runoff through incorporation into local subdivision and zoning
               ordinances.


               B.      WATERSHED PROTECTION


               FINDING: Rhode Island's program includes management measures in conformity with the
               6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation.

               RATIONALE: As described on page 6.39 of the program submittal, Rhode Island implements
               a number of State programs that will ensure implementation of this management measure.
               Through the Rhode Island Coastal Resources Management Program (RICRMP) and RIDEM
               freshwater wetland permitting program, Rhode Island is able to preserve areas that provide
               important water quality benefits and avoid conversion of lands that are particularly susceptible to
               erosion and sediment loss. These programs can also be used, with the addition of State Acts
               related to land use and planning (see pages 6.44-6.45 of the program submittal), to ensure that
               development, including roads, highways and bridges, is sited so as to protect the natural integrity
               of waterbodies and natural drainage systems

               Rhode Island is proposing further to amend the (RICRMP) rules to adopt the specific language of
               the watershed protection management measure as a standard for cases where filling, removing or
               grading activities are undertaken or proposed. EPA and NOAA encourage the State to complete
               this amendment as it will further enhance the ability to ensure implementation.

               C.      SITE DEVELOPMENT

               FINDING: Rhode Island's program includes management measures in conformity with the-
               6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation.

               RATIONALE: As described above for watershed protection, the RICRMP and freshwater
               wetland permitting program generally provide the ability to address this management measure.


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              The RICRMP is structured as a "coastal zoning program" and includes policies that severely
              restrict and prohibit alterations to coastal wetlands, beaches and dunes, thereby protecting areas
              that provide important water quality benefits. The CRMC's buffer zone policies further protect
              natural drainage features and vegetation. In addition, Appendix 6 of the Rules and Regulations
              Governing the,4dministration andEnforcement of the Freshwater Wetlands,4ct includes
              performance criteria that applicants must meet to reduce unavoidable impacts to wetlands, such
              as minimizing the extent of disturbed area, using best management practices to stabilize
              disturbed areas, and minimizing impervious surface areas. We encourage the State to pursue
              efforts to clarify the linkages between its current standards and the management measure through
              changes to the RICRMP, as discussed at pages 6.48-49 of the program submission.


              D.     CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL


              FINDING: Rhode Island's program includes management measures in conformity with the
              6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation.

              RATIONALE: As discussed above with respect to new development, Rhode Island can
              implement this management measure through programs implemented by the CRMC and
              RIDEM. The Rhode Island Soil Erosion and Sediment Control Handbook includes practices
              which can be used to implement the elements of this management measure. This manual serves
              as the technical reference for developing erosion and sediment control plans for permitting
              decisions under both the CRMC and RIDEM permitting program.

                     Rhode Island also has locally administered erosion and sediment control programs. The
              Handbook referenced above for State programs is also used in implementing local erosion and
              sediment control ordinances. Currently, 23 localities have local erosion and sediment control
              programs to implement the management measure, and 6 others are developing such programs.
              NOAA and EPA encourage the State to continue to work with local governments in their
              developin ent of programs by providing technical assistance on practices that can be used to
              ensure implementation of this management measure.


              E.     CONSTRUCTION SITE CHEMICAL CONTROL


              FINDING: Rhode Island's program does not yet provide for implementation of management
              measures in conformity with the 6217(g) guidance and does not yet have enforceable policies
              and mechanisms to ensure implementation throughout the management area.

              CONDITION: Within three years, Rhode Island will finalize amendments to RICRMP Section
              3 00.2 to implement the management measure within the jurisdiction of CRMC, and amend its
              Soil Erosion and Sediment Control Handbook to incorporate the elements of the measure and
              ensure implementation in areas outside of CRMC jurisdiction.

              RATIONALE: Rhode Island has already proposed to change the RICRMP to implement this
              measure. In addition, Rhode Island can ensure implementation of this measure by modifying the
              Handbook to include practices for construction site chemical control. As described above, the
              Handbook is used by RIDEM to implement the freshwater wetlands permitting program and


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              local sediment and erosion control programs. Revisions to the Handbook to include construction
              site chemical control practices and use of the Handbook by CRMC and RIDEM in their permit
              review and enforcement activities will ensure implementation of this management measure.
              NOAA and EPA also encourage the State to continue to work with local jurisdictions in
              developing local erosion control programs that incorporate the revised Handbook.


              F.     EXISTING DEVELOPMENT MANAGEMENT MEASURE


              FINDING: Rhode Island's program includes management measures in conformity with the
              6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation.

              RATIONALE: As described on pages 6.63-68 of the program submittal, Rhode Island's
              program includes authorities that can be used to ensure implementation of this measure. Further,
              subsequent to the program submittal, the State has completed revisions to the Rhode Island
              Nonpoint Source Pollution Management Plan (NSMP) that include both an updated
              implementation schedule and priority system that will support implementation of this
              management measure. The NSMP was adopted on October 12, 1995 by the State Planning
              Council as Element 731 of the State Guide Plan. Rhode Island's Interagency Nonpoint Source
              Advisory Committee will assume a role in implementation by identifying pollution reduction,
              prevention, and education programs and by assisting in the development of new programs.

              G.     NEW and OPERATING ONSITE DISPOSAL SYSTEMS (OSDS)

              FINDING: Rhode Island's program includes management measures in conformity with the
              6217(g) guidance, except that it does not have measures for (1) the inspection of operating
              OSDS, and (2) the protection of nitrogen-limited surface waters. Rhode Island's program
              includes enforceable policies and mechanisms to ensure implementation of the management

              measures.


              CONDITION: Within three years, Rhode Island will develop a strategy to address inspections
              of existing OSDS and make necessary program changes to address nitrogen-limited surface
              waters.


              RATIONALE: Rhode Island has rules that include minimum standards for the location, design,
              construction, and maintenance of OSDS. They are implemented through a permit requirement.
              All new OSDS require written approval prior to construction' as well as a certificate of
              conformance prior to use or sale, and a municipality may not issue a certificate of occupancy
              until the applicant provides a certificate of conformance.

                     However, Rhode Island's program does not address the protection of nitrogen-limited
              surface waters from OSDS. Proposed revisions to the Rules and Regulations Establishing
              Minimum Standards Relating to Location, Design, Construction and Maintenance ofIndividual
              Sewage Disposal Systems will bring Rhode Island into conformity with the 6217(g) management
              measure for nitrogen-limited waters. (page 6-81 of the program submittal.)




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                       Rhode Island's program focuses on permitting new OSDS. This permitting process does
               not address the need to inspect OSDS at a frequency to ascertain whether OSDS are failing.
               Rhode Island has expressed its intention to address this gap, and is considering such approaches
               as an operating permit for large systems, revisions to the regulations to require the use of double-
               compartment septic tanks and effluent filters, and a requirement that systems be inspected prior
               to a change in ownership (page 6.90 of the program submittal).


               H.      POLLUTION PREVENTION


               FINDING: Rhode Island's program includes management measures in conformity with the
               6217(g) guidance.

               RATIONALE: Rhode Island describes a number of existing efforts and expectations for the
               Interagency Nonpoint Source Advisory Committee to. assume a coordinating role. The existing
               efforts generally address most of the components of the management measure with the exception
               of programs for discharges of pollutants from commercial and non-commercial activities to
               storm drains. NOAA and EPA encourage the State to consider additional pollution prevention
               activities to address discharges of pollutants into storm drains, including pollutants from
               commercial activities such as parking lots, gas stations and other entities not under National
               Pollutant Discharge Elimination System (NPDES) purview.

               1.      ROADS, HIGHWAYS AND BRIDGES


               FINDING: Rhode Island's program includes management measures in conformity with the
               6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation.

               RATIONALE: As described for the new development management measure above, Rhode
               Island can ensure implementation of these management measures through authorities and permit
               processes administered by CRMC and RIDEM. In addition to these programs, Rhode Island has
               adopted the NSMP as Element 731 of the State Guide Plan. Further, the State Guide Plan
               includes elements that address statewide systems planning for physical development and the
               envirom-nent. Highway projects included in the State's Transportation Improvement Program
               must be consistent with the State Guide Plan, including the NSMP.


               V.      MARINAS AND RECREATIONAL BOATING


               FINDING: Rhode Island's program includes management measures in conformity with the
               6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation.

               RATIONALE: Marina and recreational boating operations in Rhode Island are subject to the
               administrative and regulatory requ 'irements of the RICRMP. The Council reviews and approves
               plans and permits for all new and expanding marinas and administers the Municipal Harbor
               Management Program. In addition, RIDEM implements the State's water quality regulations,
               which set specific criteria for state waters. Rhode Island currently ensures compliance with
               marina permit requirements and water quality standards regulations through routine field checks
               by CRMC permit staff, working in concert with RIDEM'Conservation Officers. When violations


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               are found, the State can issue cease and desist orders and impose fines; prosecution can occur
               when such administrative remedies have been exhausted.


                       Rhode Island has recognized the need to develop a clearer link between operation and
               maintenance management measures for marinas and CRMC authorities, and has proposed
               regulations at RICRMP Section 300.4 to effect this linkage. NOAA and EPA applaud Rhode
               Island's leadership in developing a model marina operations and maintenance program and
               strongly urge Rhode Island to finalize proposed revisions to the RICRMP regulations as
               described in Appendix 7A of the program submittal. These changes will further ensure the
               implementation of the marinas management measures.


               VI. HYDROMODIFICATION


               FINDING: Rhode Island's program includes management measures in conformity with the
               621 7(g) guidance, except that it does not yet include management measures in conformity with
               the 6217(g) guidance for existing sources. Rhode Island's program includes enforceable policies
               and mechanisms to ensure implementation.

               CONDITION: Within three years, Rhode Island will develop a process to identify opportunities
               and, where appropriate, implement practices to improve the physical and chemical characteristics
               of surface waters and instrearn and riparian habitat in existing channels and protect surface water
               quality and instrearn riparian habitat at existing dams.

               RATIONALE: Rhode Island's submittal describes the provisions of the RICRMP and programs
               administered by RIDEM to implement the channelization and channel modification and dams
               management measures. RICRMP provisions apply to all public and private channelization
               projects and dam construction activities within the jurisdiction of the CRMC. RIDEM's Division
               of Freshwater Wetlands regulates all projects that may alter freshwater wetlands, as well as
               activities in close proximity to a freshwater wetland that may impact the natural character,
               functions, and/or values of the wetland, including nonpoint source functions. The RIDEM
               Division of Freshwater Wetlands also holds delegated authority over construction of new dams
               and alteration and maintenance of existing dams under the Inspection of Dams and Reservoirs
               Act.


                       The program submittal describes programs that adequately address the first two elements
               of the channelization and channel modification management measures and most of the elements
               of the management measure for the protection of surface water quality and instrearn and riparian
               habitat. However, Rhode Island has not addressed the need for identification and implementation
               of opportunities to'improve characteristics and habitat of existing channels and to protect surface
               water quality and instrearn riparian habitat at existing dams that are not being altered. These
               elements of the management measures need to be addressed to improve the quality of waters that
               have already been altered by channelization activities.

                       Rhode Island has proposed amendments (described in Appendix 8A) to the RICRMP that
               will further strengthen its program by incorporating specific wording contained in the first two
               elements of each of the two channelization management measures and requiring applicants for
               new projects to demonstrate that the intent of the measures has been met. The State has further

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                proposed to amend Sections 3 10 and 3 00.2 of the RICRMP to incorporate the definition of
                "dam" used in the measure and to incorporate the specific wording of the dams management

                measures.


                       To address streambank and shoreline erosion, the RICRMP includes provisions that: (i)
                prohibit structural shoreline protection in many circumstances; (ii) favor nonstructural methods
                to control erosion; (iii) require applicants for structural shoreline protection to demonstrate that
                an increase in erosion in adjacent areas is not likely; (iv) require a long-term maintenance
                program for proposed structures; (v) require preparation of a design by a professional engineer;
                (vi) specify setbacks in areas contiguous to the shoreline; and (vii) specify buffer zones for many
                cases of new development in wetland and riparian areas. In addition, the Rules and Regulations
                Governing the Administration and Enforcement of the Freshwater Wetlands Act regulate all
                projects that may alter freshwater wetlands, as well as activities in close proximity to a
                freshwater wetland that may impact the natural character, functions, and/or values of the wetland,
                including nonpoint source functions (Rule 10.03 and 11.02). As described on page 8.49 of the
                program submittal, the CRMC has taken steps to ensure that erosion of streambanks and its
                impacts are minimized even though the State has not found that eroding shorelines present a
                nonpoint source problem in Rhode Island's coastal waters.

                VII. WETLANDS, RIPARIAN AREAS AND VEGETATED TREATMENT SYSTEMS

                FINDING: Rhode Island's program includes management measures in conformity with the
                6217(g) guidance and includes enforceable policies and mechanisms to ensure implementation,
                except that it does not protect wetlands and riparian areas that serve a significant nonpoint.
                source abatement function but are not associated with environmental permits for new work.

                CONDITION: Within three years, Rhode Island will develop a process to identify opportunities
                and, where appropriate, implement practices to protect existing wetlands and riparian areas that
                are not being actively altered but that serve a significant nonpoint source abatement function.

                RATIONALE: RICRMP Section 140 requires setbacks in areas contiguous to coastal wetlands
                for certain activities. RICRMP Section 150 requires buffer zones that apply to new residential
                structures, certain alterations to existing residential structures, and commercial and industrial
                development activities on a case-by-case basis. The Division of Freshwater Wetlands Rules and
                Regulations Governing the Administration and Enforcement of the Freshwater Wetlands apply
                statewide to all projects that may alter freshwater wetlands, as well as activities in close
                proximity to a freshwater wetland that may impact the natural character, functions, and/or values
                of the wetland, including nonpoint source functions (Rules 5, 10 and I I ). However, Rhode
                Island currently lacks a process to identify and address potential impacts to nonpoint source
                abatement functions in wetland and riparian areas that do not come up for review as new
                activities under the State's permit authorities.

                       Rhode Island proposes to amend Section 210.3 of the RICRMP to include a new policy
                which will incorporate the specific wording of the management measure and will strengthen the
                CRMC's ability to protect, manage and regulate coastal wetlands serving a nonpoint source
                abatement function. NOAA and EPA encourage Rhode Island to adopt the proposed
                amendments to the RICRMP to further strengthen implementation of this management measure.

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                      The RICRMP contains various provisions which apply to restoration of coastal wetlands
              within jurisdiction of the CRMC. In addition, the Narrow River and Salt Pond Special Area
              Management Plans include requirements for mitigation that apply to alteration of any wetland
              that is included in the Special Area Management Plans. Priority sites for restoration of wetlands
              will be identified. In addition, under some circumstances, RIDEM's Division of Freshwater
              Wetlands may issue an order to restore a freshwater wetland that includes details for restoration
              and a completion deadline.

                      The RICRMP promotes the use of engineered vegetated treatment systems such as
              constructed wetlands and vegetated filter strips through the publication of many handbooks and
              promotional guidance materials. As described on pages 9.39-9.43 of the program submittal,
              RIDEM has a number of programs that also work to promote the use of vegetated buffersand
              constructed wetlands. The proposed amendments to Sections 210.3 and 150 of the 1RJCRMP will
              further strengthen existing programs.


              VIII. ADMINISTRATIVE COORDINATION


              FINDING: Rhode Island's program establishes mechanisms to improve coordination among
              State agencies and between State and local officials.

              RATIONALE: Rhode Island proposes to implement the coastal nonpoint program statewide. A
              combination of several programs administered by agencies described in Chapter 2 of the program
              submittal will be used to implement the provisions of the coastal nonpoint program. The State's
              submittal adequately describes the role of the various agencies and their authorities.
              Coordination mechanisms include joint agency permit reviews for projects that involve
              overlapping jurisdiction, and an Interagency Nonpoint Source Advisory Committee.

                     As described in the program submittal, Rhode Island acknowledges the need to resolve
              differences between RIDEM water classifications and CRMC water types. NOAA and EPA
              support efforts that are underway to resolve inconsistencies between these programs and strongly
              urge the State to work towards resolution of remaining issues.

              IX PUBLIC PARTICIPATION


              FINDING: Rhode Island's program provides opportunities for public participation in the
              development and implementation of the coastal nonpoint program.

              RATIONALE: The program submittal describes several activities that provide opportunities for
              public participation during the development and implementation phases of the coastal nonpoint
              program. These activities include several workshops and a statewide conference on nonpoint
              source pollution and the program requirements under section 6217. Rhode Island also
              established eight technical advisory subcommittees, organized on the basis of section 6217
              program requirements, including a subcommittee on "Public Outreach and Technical
              Assistance." Each subcommittee included members from the general public and organizations
              representing the public such as Save the Bay. Rhode Island provided a 30-day public comment
              period on the final program submittal and received two comment letters during this period. The
              State responded to these comments.

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                       The Public Outreach and Technical Assistance Subcommittee is responsible for
               coordinating and disseminating nonpoint source outreach and technical assistance materials to
               the public and other interested parties, developing a mechanism for coordinating current and
               future public outreach and technical assistance efforts on nonpoint source pollution issues, and
               identifying a permanent clearinghouse for these materials.

               X.      TECHNICAL ASSISTANCE


               FINDING: Rhode Island has included programs that will provide technical assistance to local
               governments and the public for implementing additional management measures.

               RATIONALE: Rhode Island has proposed a variety of technical assistance efforts for local
               governments and the public. These efforts will focus on numerous issues relative to nonpoint
               source pollution activities. The assistance will be conducted by a variety of sources including
               state agencies, academia, and regional entities such as the Rhode Island Resource Conservation
               and Development Area Council.


               XI. ADDITIONAL MANAGEMENT MEASURES


               FINDING: Rhode Island's program provides for implementation and continuing revision of
               additional management measures applicable to critical coastal areas and cases where (g)
               measures are fully implemented but water quality threats or impairments persist.

               RATIONALE: Rhode Island's description of the Special Area Management Planning activities,
               Greenwich Bay Initiative, and Nonpoint Source Pollution Management Plan includes activities
               that are currently underway or planned to address critical coastal areas and areas where water
               quality impairments exist even after (g) management measures or their equivalent have been
               implemented. The State further describes an ongoing process to evaluate the success of (g)
               management measure implementation in achieving program goals, based on land use and water
               quality data derived from these efforts. As described, Rhode Island fully expects to develop,
               implement and periodically revise regulatory controls that will satisfy the requirement for
               additional management measures.


               XII. CRITICAL COASTAL AREAS


               FINDING: Rhode Island's program identifies and includes a process for the continuing
               identification of critical coastal areas adjacent to impaired and threatened coastal waters.

               RATIONALE: Rhode Island has identified a number of areas already that could be considered
               critical coastal areas, including the Salt Pond and Narrow River Watersheds and the Greenwich
               Bay area. These areas and the priority watersheds that will be identified as part of the State's
               Nonpoint Source Pollution Management Plan generally follow the second approach described in
               the program guidance whereby the State relies on site-specific evaluations to determine the
               extent of the critical coastal area. In addition, the CRMC's 200-foot permit jurisdiction generally
               follows the first approach described in the program guidance whereby the State has designated a
               strip of land along the shoreline that extends inland a uniform distance.


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               XIII. MONITORING


               FINDING: Rhode Island's program does not include a plan to assess over time the success of
               the management measures in reducing pollutant loads and improving water quality as specified
               in section 6217(g)(2)(F).

               CONDITION: Within two years, Rhode Island will develop a plan that enables the State to
               assess over time the extent to which implementation of management measures is reducing
               pollutant loads and improving water quality.

               RATIONALE: In the program submittal, Rhode Island describes a number of existing
               monitoring programs, including state and federal programs and volunteer monitoring efforts.
               However, the State does not describe how these monitoring techniques will be applied to assess
               over time whether the management measures are reducing pollutant loads and improving water
               quality. Rhode Island should not need to undertake additional monitoring to achieve the
               monitoring objectives of section 6217. The coastal nonpoint program monitoring plan can draw
               on existing monitoring programs, but needs to provide a clear description of how information
               gained from existing efforts will be combined in order to assess the success of coastal nonpoint
               program implementation. Management measure tracking should be incorporated into the plan to
               evaluate the effectiveness of management measures in controlling nonpoint source pollution.
               This will enable the State to relate such implementation to changes in water quality or pollutant
               loads.




































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                                                                                                                             NOAA COASTAL SERVICES CTR LIBRARY


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