A. This section
contains all the regulatory standards outlined by the Ocean SAMP. The
regulatory standards have been organized according to the following stages:
application; design, fabrication and installation; pre-construction;
construction and decommissioning and; monitoring. § 11.10.1 of this Part,
Overall Regulatory Standards, applies to all stages of development. The
regulatory standards contained within all previous chapters of the Ocean SAMP
document have been incorporated into this section based upon the applicable
stage of development. The "Regulatory Standards" in §
11.10 of this Part are
enforceable policies for purposes of the federal CZMA federal consistency
provision (16 U.S.C. §
1456 and 15 C.F.R. Part 930). For CZMA
federal consistency purposes the Council shall use the Regulatory Standards, in
addition to other applicable federally approved RICRMP enforceable policies, as
the basis for a CRMC CZMA federal consistency concurrence or
objection.
B. The federal offshore
renewable energy leasing process, and subsequent regulation of renewable energy
projects located in federal waters, are under the jurisdiction of the U.S.
Department of the Interior, Bureau for Ocean Energy Management (BOEM), in
consultation and coordination with relevant federal agencies and affected
state, local, and tribal officials, under BOEM's statutory authority at
43 U.S.C. §
1337(p) and BOEM's
regulations found at 30 C.F.R. Part 285 .
11.10.1
Overall Regulatory
Standards
A. All offshore developments
regardless of size, including energy projects, which are proposed for or
located within state waters of the Ocean SAMP area, are subject to the policies
and standards outlined in §§
11.9 and
11.10 of this Part.
The Council shall not use §
11.9 of this Part for CRMC
concurrences or objections for CZMA federal consistency reviews. For the
purposes of the Ocean SAMP, offshore developments are defined as:
1. Large-scale projects, such as:
a. Offshore wind facilities (5 or more
turbines within 2 km of each other, or 18 MW power generation);
b. Wave generation devices (2 or more
devices, or 18 MW power generation);
c. Instream tidal or ocean current devices (2
or more devices, or 18 MW power generation);
d. Offshore LNG platforms (1 or
more);
e. Artificial reefs (1/2
acre footprint and at least 4 feet high), except for projects of a public
nature whose primary purpose is habitat enhancement; and
f. Outer continental shelf (OCS) exploration,
development, and production plans.
2. Small-scale projects, defined as any
projects that are smaller than the above thresholds;
3 Underwater cables;
4. Mining and extraction of minerals,
including sand and gravel;
5.
Aquaculture projects of any size, as defined and regulated in §00-1.3.1(K)
of this Chapter;
6. Dredging, as
defined and regulated in §00-1.3.1(I) of this Chapter; or
7. Other development as defined in Subchapter
00 Part 1 of this Chapter (RICRMP - Red Book) which is located from the mouth
of Narragansett Bay seaward, in tidal waters between 500 feet offshore and the
3-nautical mile, state water boundary.
B. In assessing the natural resources and
existing human uses present in state waters of the Ocean SAMP area, the Council
finds that the most suitable area for offshore renewable energy development in
the state waters of the Ocean SAMP area is the renewable energy zone depicted
in Figure 1 in § 11.10.1(O) of this Part, below. The Council designates
this area as Type 4E waters. In the Rhode Island Coastal Resources Management
Program (Subchapter 00 Part 1 of this Chapter) these waters were previously
designated as Type 4 (multipurpose) but are hereby modified to show that this
is the preferred site for large scale renewable energy projects in state
waters. The Council may approve offshore renewable energy development elsewhere
in the Ocean SAMP area, within state waters, where it is determined to have no
significant adverse impact on the natural resources or human uses of the Ocean
SAMP area. Large-scale offshore developments shall avoid areas designated as
Areas of Particular Concern consistent with § 11.10.2 of this Part. No
large-scale offshore renewable energy development shall be allowed in Areas
Designated for Preservation consistent with § 11.10.3 of this
Part.
C. Offshore developments
shall not have a significant adverse impact on the natural resources or
existing human uses of the Rhode Island coastal zone, as described in the Ocean
SAMP. In making the evaluation of the effect on human uses, the Council will
determine, for example, if there is an overall net benefit to the Rhode Island
marine economic sector from the development of the project or if there is an
overall net loss. Where the Council determines that impacts on the natural
resources or human uses of the Rhode Island coastal zone through the
pre-construction, construction, operation, or decommissioning phases of a
project constitute significant adverse effects not previously evaluated, the
Council shall, through its permitting and enforcement authorities in state
waters and through any subsequent CZMA federal consistency reviews, require
that the applicant modify the proposal to avoid and/or mitigate the impacts or
the Council shall deny the proposal.
D. Any large-scale offshore development, as
defined in §
11.3(H) of
this Part, shall require a meeting between the Fisherman's Advisory Board
(FAB), the applicant, and the Council staff to discuss potential
fishery-related impacts, such as, but not limited to, project location, wind
turbine configuration and spacing, construction schedules, alternative
locations, project minimization and identification of high fishing activity or
habitat edges. For any state permit process for a large-scale offshore
development this meeting shall occur prior to submission of the state permit
application. The Council cannot require a pre-application meeting for federal
permit applications, but the Council strongly encourages applicants for any
large-scale offshore development, as defined in §
11.3(H) of
this Part, in federal waters to meet with the FAB and the Council staff prior
to the submission of a federal application, lease, license, or authorization.
These pre-application meetings, however, do not constitute a formal meeting to
satisfy the necessary data and information required for federal consistency
reviews, unless mutually agreed to between the CRMC and the applicant. However,
for federal permit applicants, a meeting with the FAB as described within this
section shall be necessary data and information required for federal
consistency reviews for purposes of starting the CZMA 6-month review period for
federal license or permit activities under 15 C.F.R. Part 930, Subpart D, and
OCS Plans under 15 C.F.R. Part 930, Subpart E, pursuant to
15 C.F.R. §
930.58(a)(2).
1. For purposes of BOEM's renewable energy
program under the Outer Continental Shelf Lands Act, the CZMA federal
consistency process cannot begin until a construction and operations plan (COP)
has been submitted for BOEM's review and approval. Once BOEM has determined the
COP and supporting information is sufficient to begin its environmental review
under the National Environmental Policy Act, a Notice of Intent to prepare an
Environmental Impact Statement will be issued. Only when BOEM issues the COP
Notice of Intent can the CZMA review period begin. In most cases, an applicant
provides the necessary data and information to the state at the time the
applicant files its consistency certification and once the consistency
certification and necessary data and information are submitted to the state,
the six-month CZMA review period begins. However, for CZMA purposes the CRMC
FAB meeting can occur before BOEM issues the COP Notice of Intent if the CRMC
and the applicant mutually agree. If the FAB meeting does not occur until after
BOEM issues the COP Notice of Intent, then the CZMA six-month review period
shall not begin until the day after the FAB meeting, providing that the
applicant has submitted all other necessary data and information and the
consistency certification pursuant to NOAA's regulations. If the applicant
requests the FAB meeting, it must be made in writing to the CRMC and the Chair
of the FAB. The CRMC shall schedule the meeting in a timely manner to ensure
that the CZMA process is not delayed.
E. The Council shall prohibit any other uses
or activities that would result in significant long-term negative impacts to
Rhode Island's commercial or recreational fisheries. Long-term impacts are
defined as those that affect more than one or two seasons.
F. The Council shall require that the
potential adverse impacts of offshore developments and other uses on commercial
or recreational fisheries be evaluated, considered and mitigated as described
in §11.10.1(F) of this Part.
G. For the purposes of fisheries policies and
standards as summarized in Ocean SAMP Chapter 5, Commercial and Recreational
Fisheries, §§ 5.3.1 and 5.3.2 of this Subchapter, mitigation is
defined as a process to make whole those fisheries user groups, including
related shore-side seafood processing facilities, that are adversely affected
by offshore development proposals or projects. Mitigation measures shall be
consistent with the purposes of duly adopted fisheries management plans,
programs, strategies and regulations of the agencies and regulatory bodies with
jurisdiction over commercial and recreational fisheries, including but not
limited to those set forth above in §11.9.4(B) of this Part.
Mitigation shall not be designed or implemented in a manner
that substantially diminishes the effectiveness of duly adopted fisheries
management programs. Mitigation measures may include, but are not limited to,
compensation, effort reduction, habitat preservation, restoration and
construction, marketing, and infrastructure and commercial fishing fleet
improvements. Where there are potential impacts associated with proposed
projects, the need for mitigation shall be presumed (see §11.10.1(F) of
this Part). Mitigation shall be negotiated between the Council staff, the FAB,
the project developer, and approved by the Council. The final mitigation will
be the mitigation required by the CRMC and included in the CRMC's Assent for
the project or, included within the CRMC's federal consistency decision for a
project's federal permit application.
H. The Council recognizes that moraine edges,
as illustrated in Figures 3 and 4 in § 11.10.2 of this Part, are important
to commercial and recreational fishermen. In addition to these mapped areas,
the FAB may identify other edge areas that are important to fisheries within a
proposed project location. The Council shall consider the potential adverse
impacts of future activities or projects on these areas to Rhode Island's
commercial and recreational fisheries. Where it is determined that there is a
significant adverse impact, the Council will modify or deny activities that
would impact these areas. In addition, the Council will require assent holders
for offshore developments to employ micro-siting techniques in order to
minimize the potential impacts of such projects on these edge areas.
I. The finfish, shellfish, and crustacean
species that are targeted by commercial and recreational fishermen rely on
appropriate habitat at all stages of their life cycles. While all fish habitat
is important, spawning and nursery areas are especially important in providing
shelter for these species during the most vulnerable stages of their life
cycles. The Council shall protect sensitive habitat areas where they have been
identified through the Site Assessment Plan or Construction and Operation Plan
review processes for offshore developments as described in § 11.10.5(C) of
this Part.
J. Any large-scale
offshore development, as defined in this Part, shall require a meeting between
the HAB, the applicant, and the Council staff to discuss potential marine
resource and habitat-related issues such as, but not limited to, impacts to
marine resource and habitats during construction and operation, project
location, construction schedules, alternative locations, project minimization,
measures to mitigate the potential impacts of proposed projects on habitats and
marine resources, and the identification of important marine resource and
habitat areas. For any state permit process for a large-scale offshore
development, this meeting shall occur prior to submission of the state permit
application. The Council cannot require a pre-application meeting for federal
permit applications, but the Council strongly encourages applicants for any
large-scale offshore development, as defined in this Part, in federal waters to
meet with the HAB and the Council staff prior to the submission of a federal
application, lease, license, or authorization. However, for federal permit
applicants, a meeting with the HAB shall be necessary data and information
required for federal consistency reviews for purposes of starting the CZMA
six-month review period for federal license or permit activities under 15
C.F.R. Part 930, Subpart D, and OCS Plans under 15 C.F.R. Part 930, Subpart E,
pursuant to 15 C.F.R. §
930.58(a)(2).
1. For purposes of BOEM's renewable energy
program under the Outer Continental Shelf Lands Act, the CZMA federal
consistency process cannot begin until a construction and operations plan (COP)
has been submitted for BOEM's review and approval. Once BOEM has determined the
COP and supporting information is sufficient to begin its environmental review
under the National Environmental Policy Act, a Notice of Intent to prepare an
Environmental Impact Statement will be issued. Only when BOEM issues the COP
Notice of Intent can the CZMA review period begin. In most cases, an applicant
provides the necessary data and information to the state at the time the
applicant files its consistency certification and once the consistency
certification and necessary data and information are submitted to the state,
the six-month CZMA review period begins. However, for CZMA purposes the HAB
meeting can occur before BOEM issues the COP Notice of Intent if the CRMC and
the applicant mutually agree. If the HAB meeting does not occur until after
BOEM issues the COP Notice of Intent, then the CZMA six-month review period
shall not begin until the day after the HAB meeting, providing that the
applicant has submitted all other necessary data and information and the
consistency certification pursuant to NOAA's regulations. If the applicant
requests the HAB meeting, it must be made in writing to the CRMC. The CRMC
shall schedule the meeting in a timely manner to ensure that the CZMA process
is not delayed.
K. The
potential impacts of a proposed project on cultural and historic resources will
be evaluated in accordance with the National Historic Preservation Act and
Antiquities Act, and the Rhode Island Historical Preservation Act and
Antiquities Act as applicable. Depending on the project and the lead federal
agency, the projects that may impact marine historical or archaeological
resources identified through the joint agency review process may require a
marine archaeology assessment that documents actual or potential impacts the
completed project will have on submerged cultural and historic
resources.
L. Guidelines for marine
archaeology assessment in the Ocean SAMP area can be obtained through the
RIHPHC in their document, "Performance Standards and Guidelines for
Archaeological Projects: Standards for Archaeological Survey" (RIHPHC 2007), or
the lead federal agency responsible for reviewing the proposed
development.
M. The potential
non-physical impacts of a proposed project on cultural and historic resources
shall be evaluated in accordance with
36 C.F.R. §
800.5, assessment of adverse effects,
including the introduction of visual, atmospheric, or audible elements that
diminish the integrity of the property's significant historic features.
Depending on the project and the lead federal agency, the Ocean SAMP
Interagency Working Group may require that a project undergo a visual impact
assessment that evaluates the visual impact a completed project will have on
onshore cultural and historic resources.
N. A visual impact assessment may require the
development of detailed visual simulations illustrating the completed project's
visual relationship to onshore properties that are designated National Historic
Landmarks, listed on the National Register of Historic Places, or determined to
be eligible for listing on the National Register of Historic Places. Assessment
of impacts to specific views from selected properties of interest may be
required by relevant state and federal agencies to properly evaluate the
impacts and determination of adverse effect of the project on onshore cultural
or historical resources.
O. A
visual impact assessment may require description and images illustrating the
potential impacts of the proposed project.
P. Figure 1: Renewable energy zone
Click
here to view
11.10.2
Areas of Particular
Concern
A. Areas of Particular Concern
(APCs) have been designated in state waters through the Ocean SAMP process with
the goal of protecting areas that have high conservation value, cultural and
historic value, or human use value from large-scale offshore development. These
areas may be limited in their use by a particular regulatory agency (e.g.,
shipping lanes), or have inherent risk associated with them (e.g., unexploded
ordnance locations), or have inherent natural value or value assigned by human
interest (e.g., glacial moraines, historic shipwreck sites). Areas of
Particular Concern have been designated by reviewing habitat data, cultural and
historic features data, and human use data that has been developed and analyzed
through the Ocean SAMP process. Currently designated Areas of Particular
Concern are based on current knowledge and available datasets; additional Areas
of Particular Concern may be identified by the Council in the future as new
datasets are made available. Areas of Particular Concern may be elevated to
Areas Designated for Preservation in the future if future studies show that
Areas of Particular Concern cannot risk even low levels of large-scale offshore
development within these areas. Areas of Particular Concern include:
1. Areas with unique or fragile physical
features, or important natural habitats;
2. Areas of high natural
productivity;
3. Areas with
features of historical significance or cultural value;
4. Areas of substantial recreational
value;
5. Areas important for
navigation, transportation, military and other human uses; and
6. Areas of high fishing activity.
B. The Council has designated the
areas listed below in § 11.10.2(C) of this Part in state waters as Areas
of Particular Concern. All large-scale, small-scale, or other offshore
development, or any portion of a proposed project, shall be presumptively
excluded from APCs. This exclusion is rebuttable if the applicant can
demonstrate by clear and convincing evidence that there are no practicable
alternatives that are less damaging in areas outside of the APC, or that the
proposed project will not result in a significant alteration to the values and
resources of the APC. When evaluating a project proposal, the Council shall not
consider cost as a factor when determining whether practicable alternatives
exist. Applicants which successfully demonstrate that the presumptive exclusion
does not apply to a proposed project because there are no practicable
alternatives that are less damaging in areas outside of the APC must also
demonstrate that all feasible efforts have been made to avoid damage to APC
resources and values and that there will be no significant alteration of the
APC resources or values. Applicants successfully demonstrating that the
presumptive exclusion does not apply because the proposed project will not
result in a significant alteration to the values and resources of the APC must
also demonstrate that all feasible efforts have been made to avoid damage to
the APC resources and values. The Council may require a successful applicant to
provide a mitigation plan that protects the ecosystem. The Council will permit
underwater cables, only in certain categories of Areas of Particular Concern,
as determined by the Council in coordination with the Joint Agency Working
Group. The maps listed below in § 11.10.2(C) of this Part depicting Areas
of Particular Concern may be superseded by more detailed, site-specific maps
created with finer resolution data.
C. Areas of particular concern that have been
identified in the Ocean SAMP area in state waters are described as follows:
1. Historic shipwrecks, archeological or
historical sites and their buffers as described in Ocean SAMP Chapter 4,
Cultural and Historic Resources, Sections 440.1.1 through 440.1.4, are Areas of
Particular Concern. For the latest list of these sites and their locations
please refer to the Rhode Island State Historic Preservation and Heritage
Commission.
2. Offshore dive sites
within the Ocean SAMP area, as shown in Figure 2 in § 11.10.2 of this
Part, are designated Areas of Particular Concern. The Council recognizes that
offshore dive sites, most of which are shipwrecks, are valuable recreational
and cultural ocean assets and are important to sustaining Rhode Island's
recreation and tourism economy.
3.
Glacial moraines are important habitat areas for a diversity of fish and other
marine plants and animals because of their relative structural permanence and
structural complexity. Glacial moraines create a unique bottom topography that
allows for habitat diversity and complexity, which allows for species diversity
in these areas and creates environments that exhibit some of the highest
biodiversity within the entire Ocean SAMP area. The Council also recognizes
that because glacial moraines contain valuable habitats for fish and other
marine life, they are also important to commercial and recreational fishermen.
Accordingly, the Council shall designate glacial moraines as identified in
Figures 3 and 4 in § 11.10.2 of this Part as Areas of Particular
Concern.
4. Navigation, military,
and infrastructure areas including: designated shipping lanes, precautionary
areas, recommended vessel routes, ferry routes, dredge disposal sites, military
testing areas, unexploded ordnance, pilot boarding areas, anchorages, and a
coastal buffer of 1 km as depicted in Figure 5 in § 11.10.2 of this Part
are designated as Areas of Particular Concern. The Council recognizes the
importance of these areas to marine transportation, navigation and other
activities in the Ocean SAMP area.
5. Areas of high fishing activity as
identified during the pre-application process by the Fishermen's Advisory
Board, as defined in §
11.3(E) of
this Part, may be designated by the Council as Areas of Particular
Concern.
6. Several heavily-used
recreational boating and sailboat racing areas, as shown in Figure 6 in §
11.10.2 of this Part, are designated as Areas of Particular Concern. The
Council recognizes that organized recreational boating and sailboat racing
activities are concentrated in these particular areas, which are therefore
important to sustaining Rhode Island's recreation and tourism
economy.
7. Naval fleet submarine
transit lanes, as described in Ocean SAMP Chapter 7, Marine Transportation,
Navigation, and Infrastructure Section 720.7, are designated as Areas of
Particular Concern.
8. Other Areas
of Particular Concern may be identified during the pre-application review by
state and federal agencies as areas of importance.
D. Developers proposing projects for within
the renewable energy zone as described in §11.10.1(B) of this Part shall
adhere to the requirements outlined in § 11.10.2 of this Part regarding
Areas of Particular Concern in state waters, including any Areas of Particular
Concern that overlap the renewable energy zone (see Figure 7 in § 11.10.2
of this Part).
E. Figure 2:
Offshore dive sites designated as Areas of Particular Concern in state waters
Click
here to view
F.
Figure 3: Glacial moraines designated as Areas of Particular Concern in state
waters
Click
here to view
G.
Figure 4: Detailed view: Glacial moraines surrounding Block Island designated
as Areas of Particular Concern in state waters
Click
here to view
H.
Figure 5: Navigation, military, and infrastructure areas designated as Areas of
Particular Concern in state waters
Click
here to view
I.
Figure 6: Recreational boating areas designated as Areas of Particular Concern
in state waters
Click
here to view
J.
Figure 7: Areas of Particular Concern overlapping the Renewable Energy Zone in
state waters
Click
here to view
11.10.3 Prohibitions and Areas Designated for
Preservation
A. Areas Designated for
Preservation are designated in the Ocean SAMP area in state waters for the
purpose of preserving them for their ecological value. Areas Designated for
Preservation were identified by reviewing habitat and other ecological data and
findings that have resulted from the Ocean SAMP process. Areas Designated for
Preservation are afforded additional protection than Areas of Particular
Concern (see §11.10.2 of this Part) because of scientific evidence
indicating that large-scale offshore development in these areas may result in
significant habitat loss. The areas described in § 11.10.3 of this Part
are designated as Areas Designated for Preservation. The Council shall prohibit
any large-scale offshore development, mining and extraction of minerals, or
other development that has been found to be in conflict with the intent and
purpose of an Area Designated for Preservation. Underwater cables are exempt
from this prohibition. Areas Designated for Preservation include:
1. Ocean SAMP sea duck foraging habitat in
water depths less than or equal to 20 meters [65.6 feet] (as shown in Figure 8
in § 11.10.3 of this Part) are designated as Areas Designated for
Preservation due to their ecological value and the significant role these
foraging habitats play to avian species, and existing evidence suggesting the
potential for permanent habitat loss as a result of offshore wind energy
development. The current research regarding sea duck foraging areas indicates
that this habitat is depth limited and generally contained within the 20 meter
depth contour. It is likely there are discreet areas within this region that
are prime feeding areas, however at present there is no long-term data set that
would allow this determination. Thus, the entire area within the 20 meter
contour is being protected as an Area Designated for Preservation until further
research allows the Council and other agencies to make a more refined
determination.
2. The mining and
extraction of minerals, including sand and gravel, from tidal waters and salt
ponds is prohibited. This prohibition does not apply to dredging for navigation
purposes, channel maintenance, habitat restoration, or beach replenishment for
public purposes.
3. The Council
shall prohibit any offshore development in areas identified as Critical Habitat
under the Endangered Species Act.
4. Dredged material disposal, as defined and
regulated in §1.3.1(I) of this Chapter, is further limited in the Ocean
SAMP area by the prohibition of dredged material disposal in the following
Areas of Particular Concern as defined in §11.10.2 of this Part: historic
shipwrecks, archaeological, or historic sites; offshore dive sites; navigation,
military, and infrastructure areas; and moraines. Beneficial reuse may be
allowed in Areas Designated for Preservation, whereas all other dredged
material disposal is prohibited in those areas. All disposal of dredged
material will be conducted in accordance with the U.S. EPA and U.S. Army Corps
of Engineers' manual, Evaluation of Dredged Material Proposed for Ocean
Disposal.
B. Figure 8:
Sea duck foraging habitat designated as Areas Designated for Preservation in
state waters
Click
here to view
11.10.5
Application Requirements
A. For the purposes of this document, the
phrase "'necessary data and information'" shall refer to the necessary data and
information required for federal consistency reviews for purposes of starting
the Coastal Zone Management Act (CZMA) six-month review period for federal
license or permit activities under 15 C.F.R. Part 930, Subpart D, and OCS Plans
under 15 C.F.R. Part 930, Subpart E, pursuant to
15 C.F.R. §
930.58(a)(2). Any necessary
data and information shall be provided before the six-month CZMA review period
begins for a proposed project or at the time the applicant provides the
consistency certification. It should be noted that other federal and state
agencies may require other types of data or information as part of their review
processes.
B. For the purposes of
this document, the following terms shall be defined as:
1. A site assessment plan (SAP) is defined as
a pre-application plan that describes the activities and studies the applicant
plans to perform for the characterization of the project site.
2. A construction and operations plan (COP)
is defined as a plan that describes the applicant's construction, operations,
and conceptual decommissioning plans for a proposed facility, including the
applicant's project easement area.
3. A certified verification agent (CVA) is
defined as an independent third-party agent that shall use good engineering
judgment and practices in conducting an independent assessment of the design,
fabrication and installation of the facility. The CVA should have licensed and
qualified Professional Engineers on staff.
C. Prior to construction, the following
sections shall be considered necessary data and information:
1. Site assessment plan - A SAP is a
pre-application plan that describes the activities and studies (e.g.,
installation of meteorological towers, meteorological buoys) the applicant
plans to perform for the characterization of the project site. The SAP shall
describe how the applicant shall conduct the resource assessment (e.g.,
meteorological and oceanographic data collection) or technology testing
activities. For projects in state waters the applicant shall receive the
approval of the SAP by the Council (see § 11.9.8 of this Part). For
projects within Type 4E waters (depicted in Figure 1 in §11.10.1 of this
Part), pre-construction data requirements may incorporate data generated by the
Ocean SAMP provided the data was collected within 2 years of the date of
application, or where the Ocean SAMP data is determined to be current enough to
meet the requirements of the Council in coordination with the Joint Agency
Working Group. The applicant shall reference information and data discussed in
the Ocean SAMP (including appendices and technical reports) in their SAP. For a
SAP required by BOEM under the Outer Continental Shelf Lands Act for projects
in federal waters, if BOEM combines the SAP with the COP, then the SAP and COP
would be filed at the same time. If BOEM does not require a SAP for a project
in federal waters, then the SAP shall not be necessary data and information for
federal consistency reviews.
a. The
applicant's SAP shall include data from:
(1)
Physical characterization surveys (e.g., geological and geophysical surveys or
hazards surveys); and
(2) Baseline
environmental surveys (e.g., biological or archaeological surveys).
b. The SAP shall demonstrate that
the applicant has planned and is prepared to conduct the proposed site
assessment activities in a manner that conforms to the applicant's
responsibilities listed above in §11.10.1(E) of this Part:
(1) Conforms to all applicable laws,
regulations;
(2) Is safe;
(3) Does not unreasonably interfere with
other existing uses of the state waters,
(4) Does not cause undue harm or damage to
natural resources; life (including human and wildlife); the marine, coastal, or
human environment; or sites, structures, or direct harm to objects of
historical or archaeological significance;
(5) Uses best available and safest
technology;
(6) Uses best
management practices; and
(7) Uses
properly trained personnel.
c. The applicant shall also demonstrate that
the site assessment activities shall collect the necessary data and information
required for the applicant's COP, as described below in § 11.10.5(C)(2) of
this Part.
d. The applicant's SAP
shall include the information described in Table 3 in § 11.10.5 of this
Part, as applicable.
(1) Table 3: Contents of
a site assessment plan.
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Project information:
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Including:
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(1) Contact information
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The name, address, e-mail address, and phone number
of an authorized representative.
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(2) The site assessment or technology testing
concept.
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A discussion of the objectives; description of the
proposed activities, including the technology to be used; and proposed schedule
from start to completion.
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(4) Stipulations and compliance.
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A description of the measures the applicant took,
or shall take, to satisfy the conditions of any permit stipulations related to
the applicant's proposed activities.
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(5) A location.
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The surface location and water depth for all
proposed and existing structures, facilities, and appurtenances located both
offshore and onshore.
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(6) General structural and project design,
fabrication, and installation.
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Information for each type of facility associated
with the applicant's project.
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(7) Deployment activities.
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A description of the safety, prevention, and
environmental protection features or measures that the applicant will
use.
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(8) The applicant's proposed measures for avoiding,
minimizing, reducing, eliminating, and monitoring environmental impacts.
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A description of the measures the applicant shall
take to avoid or minimize adverse effects and any potential incidental take,
before the applicant conducts activities on the project site, and how the
applicant shall mitigate environmental impacts from proposed activities,
including a description of the measures to be used.
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(9) Reference information.
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Any document or published sources that the
applicant cites as part of the plan. The applicant shall reference information
and data discussed in the Ocean SAMP (including appendices and technical
reports), other plans referenced in the Ocean SAMP, and other plans previously
submitted by the applicant or that are otherwise readily available to the
Council.
|
|
(10) Decommissioning and site clearance
procedures.
|
A discussion of methodologies.
|
|
(11) Air quality information.
|
Information required for the Clean Air Act
(42 U.S.C. §
7409) and implementing regulations
|
|
(12) A listing of all Federal, State, and local
authorizations or approvals required to conduct site assessment activities on
the project site.
|
A statement indicating whether such authorization
or approval has been applied for or obtained.
|
|
(13) A list of agencies or persons with whom the
applicant has communicated, or will communicate, regarding potential impacts
associated with the proposed activities.
|
Contact information and issues discussed.
|
|
(14) Financial assurance information.
|
Statements attesting that the activities and
facilities proposed in the applicant's SAP are or shall be covered by an
appropriate performance bond or other Council approved security.
|
|
(15) Other information.
|
Additional information as requested by the Council
in coordination with the Joint Agency Working Group
|
e. The applicant's SAP shall provide the
results of geophysical and geological surveys, hazards surveys, archaeological
surveys (as required by the Council in coordination with the Joint Agency
Working Group), and biological surveys outlined in Table 4 in § 11.10.5 of
this Part (with the supporting data) in the applicant's SAP:
(1) Table 4: Necessary data and information
to be provided in the site assessment plan.
|
Information.
|
Report contents.
|
Including.
|
|
(1) Geotechnical.
|
Reports from the geotechnical survey with
supporting data.
|
A description of all relevant seabed and
engineering information to allow for the design of the foundation of that
facility. The applicant shall provide information to depths below which the
underlying conditions shall not influence the integrity or performance of the
structure. This could include a series of sampling locations (borings and
in situ tests) as well as laboratory testing of soil
samples.
|
|
(2) Shallow hazards.
|
The results from the shallow hazards survey with
supporting data, if required.
|
A description of information sufficient to
determine the presence of the following features and their likely effects on
the proposed facility, including:
(i) Shallow faults;
(ii) Gas seeps or shallow gas;
(iii) Slump blocks or slump sediments;
(iv) Hydrates; and
(v) Ice scour of seabed sediments.
|
|
(3) Archaeological resources.
|
The results from the archaeological survey with
supporting data, if required.
|
(i) A description of the results and data from the
archaeological survey;
(ii) A description of the historic and prehistoric
archaeological resources, as required by the National Historic Preservation Act
and Antiquities Act (16
U.S.C. §
470
et. seq.),
as amended, the Rhode Island Historical Preservation Act and Antiquities Act
and §§ 00-1.2.3 and 00-1.3.5 of this Chapter, as applicable;
(iii) For more information on the archeological
surveys and assessments required see §
4.3 of this
Subchapter.
|
|
(4) Geological survey.
|
The results from the geological survey with
supporting data.
|
A report that describes the results of a geological
survey that includes descriptions of:
(i) Seismic activity at the proposed site;
(ii) Fault zones;
(iii) The possibility and effects of seabed
subsidence; and
(iv) The extent and geometry of faulting
attenuation effects of geologic conditions near the site.
|
|
(5) Biological survey.
|
The results from the biological survey with
supporting data.
|
A description of the results of a biological
survey, including descriptions of the presence of live bottoms; hard bottoms;
topographic features; and surveys of other marine resources such as fish
populations (including migratory populations) not targeted by commercial or
recreational fishing, marine mammals, sea turtles, and sea birds.
|
|
(6) Fish and fisheries survey
|
The results from the fish and fisheries survey with
supporting data.
|
A report that describes the results of:
(i) A biological assessment of commercially and
recreationally targeted species. This assessment shall assess the relative
abundance, distribution, and different life stages of these species at all four
seasons of the year. This assessment shall comprise a series of surveys,
employing survey equipment and methods that are appropriate for sampling
finfish, shellfish, and crustacean species at the project's proposed location.
This assessment may include evaluation of survey data collected through an
existing survey program, if data are available for the proposed site.
(ii) An assessment of commercial and recreational
fisheries effort, landings, and landings value. Assessment shall focus on the
proposed project area and alternatives across all four seasons of the year
must. Assessment may use existing fisheries monitoring data but shall be
supplemented by interviews with commercial and recreational fishermen.
(iii) For more information on these assessments see
§ 11.9.9 of this Part.
|
f. The applicant shall submit a SAP that
describes those resources, conditions, and activities listed in Table 5 in
§11.10.5 of this Part that could be affected by the applicant's proposed
activities, or that could affect the activities proposed in the applicant's
SAP, including but not limited to:
(1) Table
5: Resource data and uses that shall be described in the site assessment plan.
|
Type of information
|
Including:
|
|
(1) Hazard information.
|
Meteorology, oceanography, sediment transport,
geology, and shallow geological or manmade hazards.
|
|
(2) Water quality.
|
Turbidity and total suspended solids from
construction.
|
|
(3) Biological resources.
|
Benthic communities, marine mammals, sea turtles,
coastal and marine birds, fish and shellfish (not targeted by commercial or
recreational fishing), plankton, seagrasses, and plant life.
|
|
(4) Threatened or endangered species.
|
As required by the Endangered Species Act (ESA) of
1973 (16. U.S.C. § 1531et seq.).
|
|
(5) Sensitive biological resources or
habitats.
|
Essential fish habitat, refuges, preserves, Areas
of Particular Concern, Areas Designated for Preservation, sanctuaries,
rookeries, hard bottom habitat, and calving grounds; barrier islands, beaches,
dunes, and wetlands.
|
|
(6) Archaeological and visual resources.
|
As required by the National Historic Preservation
Act and Antiquities Act (16
U.S.C. 470
et seq.), as
amended, the Rhode Island Historical Preservation Act and Antiquities Act and
§§ 00-1.2.3 and 00-1.3.5 of this Chapter, as applicable.
|
|
(7) Social and economic resources.
|
Employment, existing offshore and coastal
infrastructure (including major sources of supplies, services, energy, and
water), land use, subsistence resources and harvest practices, recreation,
minority and lower income groups, and view shed.
|
|
(8) Fisheries resources and uses
|
Commercially and recreationally targeted species,
recreational and commercial fishing (including fishing seasons, location, and
type), commercial and recreational fishing activities, effort, landings, and
landings value.
|
|
(9) Coastal and marine uses.
|
Military activities, vessel traffic, and energy and
non-energy mineral exploration or development.
|
g. The Council shall review the applicant's
SAP in coordination with the Joint Agency Working Group to determine if it
contains the information necessary to conduct technical and environmental
reviews and shall notify the applicant if the SAP lacks any necessary
information. If the Council determines that necessary data and information is
missing, the CRMC may only delay the CZMA six-month federal consistency review
period in accordance with NOAA's regulations at
15 C.F.R. §§
930.60(a) and
930.77(a)
(1).
h. Any large-scale offshore development, as
defined above in §11.10.1(A) of this Part, shall require a pre-application
meeting between the FAB, the applicant, and the Council staff to discuss
potential fishery-related impacts, such as, but not limited to, project
location, construction schedules, alternative locations, and project
minimization. During the pre-application meeting for a large-scale offshore
development, the FAB can also identify areas of high fishing activity or
habitat edges to be considered during the review process. See §11.10.1(D)
of this Part describing the FAB meeting and necessary data and
information.
2.
Construction and operations plan (COP) - The COP describes the applicant's
construction, operations, and conceptual decommissioning plans for the proposed
facility, including the applicant's project easement area.
a. The applicant's COP shall describe all
planned facilities that the applicant shall construct and use for the
applicant's project, including onshore and support facilities and all
anticipated project easements.
b.
The applicant's COP shall describe all proposed activities including the
applicant's proposed construction activities, commercial operations, and
conceptual decommissioning plans for all planned facilities, including onshore
and support facilities.
c. The
applicant shall receive the Council's approval of the COP before the applicant
can begin any of the approved activities on the applicant's project site, lease
or easement.
d. The COP shall
demonstrate that the applicant has planned and is prepared to conduct the
proposed activities in a manner that:
(1)
Conforms to all applicable laws, implementing regulations.
(2) Is safe;
(3) Does not unreasonably interfere with
other uses of state waters;
(4)
Does not cause undue harm or damage to natural resources; life (including human
and wildlife); the marine, coastal, or human environment; or direct impact to
sites, structures, or objects of historical or archaeological
significance;
(5) Uses best
available and safest technology;
(6) Uses best management practices;
and
(7) Uses properly trained
personnel.
e. The
applicant's COP shall include the following project-specific information, as
applicable.
(1) Table 6: Contents of the
construction and operations plan.
|
Project information:
|
Including:
|
|
(1) Contact information
|
The name, address, e-mail address, and phone number
of an authorized representative.
|
|
(2) Designation of operator, if applicable
|
|
(3) The construction and operation concept
|
A discussion of the objectives, description of the
proposed activities, tentative schedule from start to completion, and plans for
phased development.
|
|
(4) A location
|
The surface location and water depth for all
proposed and existing structures, facilities, and appurtenances located both
offshore and onshore, including all anchor/mooring data.
|
|
(5) General structural and project design,
fabrication, and installation
|
Information for each type of structure associated
with the project and, unless the Council provides otherwise, how the applicant
shall use a CVA to review and verify each stage of the project.
|
|
(6) All cables and pipelines, including cables on
project easements
|
Location, design and installation methods, testing,
maintenance, repair, safety devices, exterior corrosion protection,
inspections, and decommissioning. The applicant shall prior to construction
also include location of all cable crossings and appropriate clearance from the
owners of existing cables.
|
|
(7) A description of the deployment
activities
|
Safety, prevention, and environmental protection
features or measures that the applicant shall use.
|
|
(8) A list of solid and liquid wastes
generated
|
Disposal methods and locations.
|
|
(9) A list of chemical products used (if stored
volume exceeds Environmental Protection Agency (EPA) Reportable
Quantities)
|
A list of chemical products used; the volume stored
on location; their treatment, discharge, or disposal methods used; and the name
and location of the onshore waste receiving, treatment, and/or disposal
facility. A description of how these products would be brought onsite, the
number of transfers that may take place, and the quantity that shall be
transferred each time.
|
|
(10) Decommissioning and site clearance
procedures
|
A discussion of general concepts and
methodologies.
|
|
(11) A list of all federal, state, and local
authorizations, approvals, or permits that are required to conduct the proposed
activities, including commercial operations
|
A list of all federal, state, and local
authorizations, approvals, or permits that are required to conduct the proposed
activities, including commercial operations. In addition, a statement
indicating whether the applicant has applied for or obtained such
authorizations, approvals, or permits.
|
|
(12) The applicant's proposed measures for
avoiding, minimizing, reducing, eliminating, and monitoring environmental
impacts
|
A description of the measures the applicant shall
take to avoid or minimize adverse effects and any potential incidental take
before conducting activities on the project site, and how the applicant shall
minimize environmental impacts from proposed activities, including a
description of the measures.
|
|
(13) Information the applicant incorporates by
reference
|
A list of the documents referenced and the actual
document if requested.
|
|
(14) A list of agencies and persons with whom the
applicant has communicated, or with whom the applicant shall communicate,
regarding potential impacts associated with the proposed activities
|
Contact information, issues discussed and the
actual document if requested
|
|
(15) Reference
|
Contact information
|
|
(16) Financial assurance
|
Statements attesting that the activities and
facilities proposed in the applicant's COP are or shall be covered by an
appropriate bond or security, as required by §11.9.8(D)(2) of this
Part.
|
|
(17) CVA nominations
|
CVA nominations for reports required.
|
|
(18) Construction schedule.
|
A reasonable schedule of construction activity
showing significant milestones leading to the commencement of commercial
operations.
|
|
(19) Air quality information.
|
Information required for the Clean Air Act
(42 U.S.C. §
7409) and implementing regulations.
|
|
(20) Other information
|
Additional information as required by the
Council.
|
f. The applicant's COP shall include the
following information and surveys for the proposed site(s) of the applicant's
facility or facilities:
(1) Table 7: Necessary
data and information to be provided in the construction and operations plan.
|
Information:
|
Report contents:
|
Including:
|
|
(1) Shallow hazards
|
The results of the shallow hazards survey with
supporting data, if required.
|
Information sufficient to determine the presence of
the following features and their likely effects on the proposed facility,
including:
(i) Shallow faults;
(ii) Gas seeps or shallow gas;
(iii) Slump blocks or slump sediments;
(iv) Hydrates; or
(v) Ice scour of seabed sediments.
|
|
(2) Geological survey relevant to the siting and
design of the facility
|
The results of the geological survey with
supporting data.
|
Assessment of:
(i) Seismic activity at the proposed site;
(ii) Fault zones;
(iii) The possibility and effects of seabed
subsidence; and
(iv) The extent and geometry of faulting
attenuation effects of geologic conditions near the site.
|
|
(3) Biological survey
|
The results of the biological survey with
supporting data.
|
A description of the results of biological surveys
used to determine the presence of live bottoms, hard bottoms, and topographic
features, and surveys of other marine resources such as fish populations
(including migratory populations) not targeted by commercial or recreational
fishing, marine mammals, sea turtles, and sea birds.
|
|
(4) Fish and fisheries survey
|
The results from the fish and fisheries survey with
supporting data.
|
A report that describes the results of:
(i) A biological assessment of commercially and
recreationally targeted species. This assessment shall assess the relative
abundance, distribution, and different life stages of these species at all four
seasons of the year. This assessment shall comprise a series of surveys,
employing survey equipment and methods that are appropriate for sampling
finfish, shellfish, and crustacean species at the project's proposed location.
This assessment may include evaluation of survey data collected through an
existing survey program, if data are available for the proposed site.
(ii) An assessment of commercial and recreational
fisheries effort, landings, and landings value. Assessment shall focus on the
proposed project area and alternatives across all four seasons of the year
must. Assessment may use existing fisheries monitoring data but shall be
supplemented by interviews with commercial and recreational fishermen.
(iii) For more information on these assessments see
§ 11.9.9(C) of this Part.
|
|
(5) Geotechnical survey
|
The results of any sediment testing program with
supporting data, the various field and laboratory tests employed, and the
applicability of these methods as they pertain to the quality of the samples,
the type of sediment, and the anticipated design application. The applicant
shall explain how the engineering properties of each sediment stratum affect
the design of the facility. In the explanation, the applicant shall describe
the uncertainties inherent in the overall testing program, and the reliability
and applicability of each method.
|
(i) The results of a testing program used to
investigate the stratigraphic and engineering properties of the sediment that
may affect the foundations or anchoring systems of the proposed
facility.
(ii) The results of adequate in situ testing,
boring, and sampling at each foundation location, to examine all important
sediment and rock strata to determine its strength classification, deformation
properties, and dynamic characteristics. A minimum of one boring shall be taken
per turbine planned, and the boring shall be taken within 50 feet of the final
location of the turbine.
(iii) The results of a minimum of one deep boring
(with soil sampling and testing) at each edge of the project area and within
the project area as needed to determine the vertical and lateral variation in
seabed conditions and to provide the relevant geotechnical data required for
design.
|
|
(6) Archaeological and visual resources, if
required
|
The results of the archaeological resource survey
with supporting data.
|
A description of the historic and prehistoric
archaeological resources, as required by the National Historic Preservation Act
and Antiquities Act (16
U.S.C. §
470
et seq.),
as amended, the Rhode Island Historical Preservation Act and Antiquities Act
and §§ 00-1.2.3 and 00-1.3.5 of this Chapter, as applicable.
|
|
(7) Overall site investigation
|
An overall site investigation report for the
proposed facility that integrates the findings of the shallow hazards surveys
and geologic surveys, and, if required, the subsurface surveys with supporting
data.
|
An analysis of the potential for:
(i) Scouring of the seabed;
(ii) Hydraulic instability;
(iii) The occurrence of sand waves;
(iv) Instability of slopes at the facility
location;
(v) Liquefaction, or possible reduction of sediment
strength due to increased pore pressures;
(vi) Cyclic loading;
(vii) Lateral loading;
(viii) Dynamic loading;
(ix) Settlements and displacements;
(x) Plastic deformation and formation collapse
mechanisms; and
(xi) Sediment reactions on the facility foundations
or anchoring systems.
|
g. The applicant's COP shall describe those
resources, conditions, and activities listed in Table 8 in §11.10.5 of
this Part that could be affected by the applicant's proposed activities, or
that could affect the activities proposed in the applicant's COP,
including:
(1)
Table 8: Resources, conditions and activities that shall be described in the
construction and operations plan.
|
Type of Information:
|
Including:
|
|
(1) Hazard information and sea level rise
|
Meteorology, oceanography, sediment transport,
geology, and shallow geological or manmade hazards. Provide an analysis of
historic and project (medium and high) rates of sea level rise and shall at
minimum assess the risks for each alternative on public safety and
environmental impacts resulting from the project (see Ocean SAMP Chapter 3,
Section 350.2 for more information).
|
|
(2) Water quality and circulation
|
Turbidity and total suspended solids from
construction.
Modeling of circulation and stratification to
ensure that water flow patterns and velocities are not altered in ways that
would lead to major ecosystem change.
|
|
(3) Biological resources
|
Benthic communities, marine mammals, sea turtles,
coastal and marine birds, fish and shellfish not targeted by commercial or
recreational fishing, plankton, sea grasses, and plant life.
|
|
(4) Threatened or endangered species
|
As defined by the ESA (16 U.S.C. §
1531
et seq.)
|
|
(5) Sensitive biological resources or
habitats
|
Essential fish habitat, refuges, preserves, Areas
of Particular Concern, sanctuaries, rookeries, hard bottom habitat, barrier
islands, beaches, dunes, and wetlands.
|
|
(6) Fisheries resources and uses
|
Commercially and recreationally targeted species,
recreational and commercial fishing (including fishing seasons, location, and
type), commercial and recreational fishing activities, effort, landings, and
landings value.
|
|
(6) Archaeological resources
|
As required by the NHPA (16 U.S.C. §
470
et seq.), as amended.
|
|
(7) Social and economic resources
|
As determined by the Council in coordination with
the Joint Agency Working Group.
|
|
(8) Coastal and marine uses
|
Military activities, vessel traffic, and energy and
non-energy mineral exploration or development.
|
11.10.6
Monitoring Requirements
A. The Council in coordination with the Joint
Agency Working Group, as described in §11.9.7(I) of this Part, shall
determine requirements for monitoring as specified in §11.9.9 of this
Part. For CZMA federal consistency purposes the Council must identify any
baseline assessments and construction monitoring activities during its CZMA
six-month review of the COP.
