650 R.I. Code R. § 650-RICR-20-00-1.3 Activities Under Council Jurisdiction

• Library: Rhode Island Administrative Code
• Edition: 2023
• Currency: Current through December 28, 2023
• Year: 2023
• Citation: 650 R.I. Code R. § 650-RICR-20-00-1.3

1.3.1 In Tidal And Coastal Pond Waters, On Shoreline Features And Their Contiguous Areas

A. Category B Requirements 1. The requirements herein for a Category B Assent are necessary data and information for the purposes of federal consistency reviews. All persons applying for a Category B Assent are required to a. Demonstrate the need for the proposed activity or alteration; b. Demonstrate that all applicable local zoning ordinances, building codes, flood hazard standards, and all safety codes, fire codes, and environmental requirements have or will be met; local approvals are required for activities as specifically prescribed for nontidal portions of a project in §§1.3.1(B), (C), (F), (H), (I), (K), (M), (O) and (Q) of this Part; for projects on state land, the state building official, for the purposes of this section, is the building official; c. Describe the boundaries of the coastal waters and land area that is anticipated to be affected; d. 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; e. Demonstrate that the alteration or activity will not result in significant impacts on the abundance and diversity of plant and animal life; f. Demonstrate that the alteration will not unreasonably interfere with, impair, or significantly impact existing public access to, or use of, tidal waters and/or the shore; g. Demonstrate that the alteration will not result in significant impacts to water circulation, flushing turbidity, and sedimentation; h. Demonstrate that there will be no significant deterioration in the quality of the water in the immediate vicinity as defined by DEM; i. Demonstrate that the alteration or activity will not result in significant impacts to areas of historic and archaeological significance; j. Demonstrate that the alteration or activity will not result in significant conflicts with water dependent uses and activities such as recreational boating, fishing, swimming navigation, and commerce, and; k. Demonstrate that measures have been taken to minimize any adverse scenic impact (see § 1.3.5 of this Part). 2. Each topic shall be addressed in writing and include detailed site plans and a locus map for the proposed project. 3. Additional requirements are listed for specific Category B activities and alterations in the sections that follow.

B. Filling removing, or grading of shoreline features1. Policies a. Established agricultural practices in areas contiguous to shoreline features are excluded from this section.b. 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. c. All new activities subject to §§1.3.1(C) (residential, commercial, and industrial structures) 1.3.1(M) and 1.3.3 of this Part, or those activities which disturb more than five thousand (5,000) square feet of land on a site shall prepare and implement an erosion and sediment control plan approved by the Council which references all necessary practices for erosion and sediment control. All erosion 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. d. The Council recognizes the most recent version of the Rhode Island Soil 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), Natural Resources Conservation Service (NRCS), 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 (see §1.3.1(F) of this Part). e. Routine filling removing, or grading of bulk materials (e.g. coal, salt, etc.) that occurs as part of the normal operations of an existing bulk transfer facility (e.g., the Port of Providence) which is adjacent to type 6 waters is excluded from the provisions of this section provided that all filling, removing or grading activities are done in accordance with applicable guidance manuals which specify the appropriate best management practices for Rhode Island. Any filling, removing or grading that will result in a modification of an existing bulk transfer facility's infrastructure shall be subject to the policies and standards in this section. f. Filling, removing, or grading activities shall be reviewed at the Category B level when: (1) The filling or removing involves more than ten thousand (10,000) cubic yards of material; (2) The affected area is greater than two (2) acres; or (3) The affected area is a designated historic area or archaeologically sensitive site. 2. Prohibitions a. Filling, removing, or grading is prohibited on beaches, dunes, undeveloped barrier beaches, coastal wetlands, cliffs and banks, and rocky shores adjacent to Type 1 and 2 waters unless the primary purpose of the alteration is to preserve or enhance the feature as a conservation area or natural buffer against storms. b. Filling, removing, or grading on coastal wetlands is prohibited adjacent to Type 1 and 2 waters, and in coastal wetlands designated for preservation adjacent to Type 3, 4, 5 and 6 waters, unless a consequence of an approved mosquito control ditching project (see §1.3.1(L) of this Part). c. On site beach materials (cobbles, sand, etc.) may not be used as construction material. d. Mining is prohibited on coastal features. 3. Standards a. The following standards apply in all cases where filling, removal, or grading is undertaken: (1) Fill slopes shall have a maximum grade of thirty percent (30%); (2) All excess excavated materials, excess fill, excess construction materials, and debris shall be removed from the site and shall not be disposed in tidal waters or on a coastal feature; (3) Disturbed uplands adjacent to a construction site shall be graded and re-vegetated or otherwise stabilized to prevent erosion during or immediately after construction. Nutrients shall be applied at rates necessary to establish and maintain vegetation without causing significant nutrient runoff to surface waters; (4) Removal or placement of sediments along jetties or groins may be permitted only as part of an approved dredging or beach nourishment project (see §1.3.1(I) of this Part); (5) All fill shall be clean and free of materials which may cause pollution of tidal waters; (6) Cutting into rather than filling out over a coastal bank is the preferred method of changing upland slopes; and (7) 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. b. The following upland and shoreline earthwork standards shall be required in those cases where the Council determines that additional measures are warranted in order to protect the environment of the coastal region. Such requirements shall be listed on Assents as stipulations c. For earthwork on shoreline features: (1) Prior to initiation of construction, the contractor may be required to meet on site with the CRMC staff to discuss and clarify the conditions of the permit; (2) A re-vegetation plan shall be submitted for review and approval when construction is undertaken on a barrier beach. This plan shall describe plant material, methods of planting, time of planting, soil amendments, and maintenance; (3) Construction materials and excavated soils shall not be placed or stored on any shoreline feature excepting developed barrier beaches and manmade shorelines; (4) All disturbed soils shall be graded smooth to a maximum 3:1 slope and re-vegetated immediately after construction, or temporarily stabilized with mulch, jute matting, or similar means until seasonal conditions permit such re-vegetation; (5) In sensitive areas, work shall be carried out from areas above slope from coastal features. Machinery and construction equipment shall normally not be allowed to operate on a coastal wetland. For unavoidable work on a coastal wetland, a protective cover shall be...