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CODE OF RHODE ISLAND RULES
AGENCY 04. COASTAL RESOURCES MANAGEMENT COUNCIL
SUB-AGENCY 000. GENERAL
CHAPTER 017. PROTECTION AND MANAGEMENT OF FRESHWATER WETLANDS IN THE VICINITY OF THE COAST
Date:
08/31/2009
Document:
04 000 017. PROTECTION AND MANAGEMENT OF FRESHWATER WETLANDS IN THE VICINITY OF THE COAST
5.02 Application Types and Decisions Available
These Rules provide for the following types of application, with the CRMC's actions and potential results as noted:
A. Request to Determine the Presence of Wetlands: The CRMC will inspect the applicant's property to determine whether a regulated wetland is present on the property. If a regulated wetland is identified, the CRMC will identify the type(s) of such wetlands (See Rule 8.02). The CRMC possesses the sole authority to determine which areas are deemed freshwater wetlands.
B. Request to Verify Wetland Edges: The CRMC will inspect wetland edge(s) delineated by the applicant and, if in substantial agreement with the documentation provided, will confirm the presence of identified wetlands and the location of their delineated edges (See Rule 8.03). Furthermore, the CRMC will identify the type(s) of wetland(s) verified.
C. Request for Preliminary Determination: The CRMC will review documents submitted by the applicant in support of the proposed project and will 1) issue a permit, with conditions, for an insignificant alteration of freshwater wetlands; 2) issue a determination that a significant alteration has been proposed; or 3) issue a determination that a permit is not required (See Rule 9.01). A determination that a project represents a significant alteration is not a denial of a permit.
D. Application to Alter a Freshwater Wetland: This application must be submitted to obtain a permit for a proposed project that will, or is likely to, result in a significant alteration of a freshwater wetland. After thorough review of the application, including public comments received during the required 45-day notice period, the CRMC may either issue a permit to alter freshwater wetlands or deny the application (See Rule 10.00).
E. Application for Emergency Alteration: This application must be submitted either by the owner of the property or an appropriate official, orally or in writing, to request a permit for an emergency alteration in the event that public health or safety is at imminent risk (See 11.01).
F. Application for Permit Renewal: This application must be submitted to renew a freshwater wetland permit that was granted as a result of a Request for Preliminary Determination or an Application to Alter a Freshwater Wetland (See Rule 11.02).
G. Application for Permit Modification: This application must be submitted to request approval of a minor modification to a previously permitted project (See Rule 11.03).
H. Application for Permit Transfer: This application may be submitted to request the transfer of a valid permit to a new property owner (See Rule 11.04).
I. Application Relating to Farmers: In general, this application must be submitted directly to the DEM's Division of Agriculture and Resource Marketing for a determination as to whether the project represents an insignificant or a significant alteration in accordance with these Rules (See Rule 11.05).
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6.07 Emergency Environmental Protection
A. Emergency installation of environmental protection structures, and undertaking of activities directly associated with the emergency containment and cleanup of oil and/or hazardous materials in wetlands, including the resolution of leaking underground storage tanks, is permissible in accordance with Rule 6.01 provided that such installation or activity is undertaken under the direct supervision of the DEM or federal cleanup personnel, or DEM emergency response personnel. During the emergency cleanup, unnecessary alterations of freshwater wetlands shall be prevented to the maximum extent possible, and best management practices for erosion and sediment controls must be initiated and maintained. Where applicable, heavy equipment working in wetlands must be placed on mats and other temporary measures must be taken to minimize soil and habitat disturbance. Following emergency cleanup, the disturbed area must be stabilized and restored to the satisfaction of the CRMC.
B. The CRMC must be notified of the initiation of emergency environmental cleanup and upon completion of emergency cleanup activities.
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6.17 Emergency Water Withdrawal for Fighting Fires
Emergency withdrawal of water from a pond or flowing body of water for the purpose of fighting fires is permissible in accordance with Rule 6.01 provide that the water withdrawal is for a specific emergency event and that other sources of water are inadequate or inaccessible at the time of the emergency.
6.18 Planting in Perimeter Wetland or Riverbank Wetland
A. Planting in that land area that can only be classified as a perimeter wetland or riverbank wetland is permissible in accordance with Rule 6.01, provided that the following conditions are met:
1) The sole purpose of the project is to restore a disturbed, degraded or unvegetated area such as a mowed lawn, a gravel area, or a parking lot;
2) No cutting or clearing of trees or shrubs will occur. Cutting of existing groundcover or invasive vegetation to create a plantable site is limited to an area immediately around each new plant, not to exceed a radius that is twice the diameter of the rootball;
3) Pavement removal is limited to that area that will be planted;
4) All plantings must be native species and suitable for the site condition;
5) No excavation, filling, draining or grading is allowed except for a minimal addition of topsoil for each new plant and the application of a layer of mulch or woodchips less than three inches deep around each new plant;
6) All disturbed soils must be stabilized with a southern New England native seed mix;
7) All plantings must be maintained until they are established; and
8) No soil disturbance is allowed from May 15 through September 15 to safeguard potential turtle nesting areas.
For tracking purposes, the property owner is asked to notify the CRMC, in writing, within ten (10) days after completion of the plantings.
6.19 High Hazard and Significant Hazard Dams
Maintenance, repair and emergency repair of high hazard and significant hazard dams are permissible, provided that all proposed projects and activities adhere to the requirements of the DEM's "Rules and Regulations for Dam Safety", and provided that the project will not result in a substantial alteration of a dam, as defined herein. A high hazard dam is one where failure or misoperation will result in a probable loss of human life. A significant hazard dam is one where failure or misoperation results in no probable loss of human life, but can cause major economic loss, disruption of lifeline facilities or impact other concerns detrimental to the public's health, safety or welfare.
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7.07 Application Processing
A. Pre-application and Other Meetings. Any person may request a meeting with representatives of the CRMC to discuss regulatory procedures and requirements, to introduce a proposed project for an initial response and discussion, to discuss potential project design alternatives, and to discuss modifications to project designs. The following stipulations will apply:
1) If the CRMC has determined the presence of wetlands on or adjacent to the subject property, verified the wetland edges on the property, or if the property is the subject of a previous or ongoing wetland permit application, a person may request a meeting directly with the CRMC. A meeting will be granted at the discretion of the CRMC based upon any statutory limitations.
2) If there are no prior wetland determinations or decisions by the CRMC about the subject property, a person may request a Pre-application meeting with the CRMC.
B. Coordination with Municipalities.
1) Applicants are encouraged to review local zoning, planning and building ordinances that may be relevant to a proposed project as part of preparing a freshwater wetlands application for the CRMC.
2) Coordination with appropriate municipal officials, as to aspects of a proposed project that may involve conflicts with requirements under these Rules, should be undertaken prior to the submission of an application to the CRMC for review and approval of a proposed project.
3) The applicant may invite any appropriate municipal officials to pre-application meetings conducted at the CRMC, and the applicant is encouraged to do so for major land development projects.
C. Coordination with the DEM's Onsite Wastewater Treatment System (OWTS) Program.
The CRMC reserves the right to require that applications for the same proposed project be submitted concurrently to the DEM OWTS Program to enable the CRMC to undertake a joint review.
D. Processing of Applications
1) The CRMC will assign a number for identification purposes to each application, and shall notify the applicant of the receipt of the application and the number assigned to it. It is the responsibility of the applicant to refer to the assigned application number in all correspondence and inquiries regarding the subject application.
2) The CRMC staff will process completed applications generally in the order in which properly completed initial application materials are received by the CRMC, except where potential competing demands of State and CRMC priorities dictate otherwise. The CRMC may process applications out of sequence when those applications are submitted with a Certificate of Critical Economic Concern in accordance with R.I.G.L. Section 42-117, et seq. Requests for Emergency Alterations (Rule 11.01) will be processed immediately upon receipt.
E. Review for Completeness.
1) After the CRMC receives an application and assigns an application number, it will conduct a completeness review that will focus on administrative and technical reviews to determine whether the application's essential elements, in proper form, have been received and are considered complete. If the CRMC finds that an application is not administratively or technically complete, the applicant will be so informed through a notice of deficiency from the CRMC.
2) A Request for a Preliminary Determination or an Application to Alter is complete when in the opinion of the CRMC it provides all of the requisite information necessary to process the application in accordance with Section 2-1-22 (a) of the Act and these Rules. With respect to an Application to Alter, when the CRMC determines that the application is technically complete, it also will issue the required public notice (See Rule 10.03).
F. Written Response.
All CRMC decisions, determinations or authorizations, with the exception of responses to Requests for Emergency Alterations, will be issued in writing only and signed by the CRMC.
G. Any determination, verification or permit received from the CRMC pursuant to any application involving freshwater wetlands does not obviate the need for the applicant to obtain any and all other necessary permits, and for the applicant and project to comply with all other applicable federal, state and local laws, regulations and ordinances.
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11.01 Application for Emergency Alterations
An emergency alteration is one that is required to protect the public from imminent harm to its health or safety; and is authorized by the CRMC. Oral approval of an emergency alteration, other than those alterations specified in Rule 6.00, may be granted by the CRMC consistent with the requirements set forth below. Applicants who are not considered an appropriate official of a town, city, state or federal agency or public utility responsible for correcting problems which arise on an emergency basis and pose an imminent threat to the public health and safety should contact the CRMC for consideration of individual emergency situations.
A. An oral or written request for permission to proceed with an emergency alteration must be made to the CRMC, by the owner of the property or easement where the emergency alteration is proposed or by an appropriate official of a town, city, state or federal agency or public utility responsible for correcting problems which arise on an emergency basis and pose an imminent threat to the public health and safety;
B. The request must inform the CRMC of at least the following:
1) An explanation of the problem necessitating an emergency alteration;
2) The reason why the problem represents an imminent threat to health and safety;
3) The location of the area in which corrective activity is required;
4) The proposed actions necessary to correct the problems;
5) The person responsible for overseeing the activity, including immediate means of contact; and
6) The means proposed to restore the wetland area following the emergency alteration, as appropriate.
C. Any emergency alteration undertaken shall not result in a permanent alteration of any wetland, except as allowed for dam safety as approved by the DEM in accordance with the DEM's Rules and Regulations for Dam Safety. The applicant must, in so far as possible, restore the wetland area to prevent or minimize any permanent alteration. Such restoration must be undertaken in accordance with requirements provided by the CRMC;
D. Alteration of wetlands shall not exceed work beyond that necessary to abate the emergency;
E. Unless otherwise informed by the CRMC following its inspection of the site, the applicant must submit an as-built site plan or a plan of restoration to the CRMC no later than forty-five (45) days following the action necessary to correct the emergency problem. The site plan must illustrate the emergency activity undertaken, the wetlands affected, any alteration which resulted from the activity, and all restoration activities undertaken, or which are still required. The required site plan must comply with Rule 7.03;
F. The time limitation for performance of an emergency alteration shall not exceed ten (10) days following initial approval by the CRMC unless written approval for an extension is obtained from the CRMC; and
G. Following submission of the as-built site plan required in subsection E above, the applicant is required to comply with any additional activities necessary to prevent any permanent alteration or to finalize wetland restoration as detailed in writing by the CRMC.
**Note: Only the section analyzed by the PHASYS team is included here as the entire regulation exceeded ~100 pages.
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