250 R.I. Code R. 250-RICR-150-05-2.10

Current through November 7, 2024

Section 250-RICR-150-05-2.10 - In-Water Disposal of Dredged Materials

A. Applications that propose in-water disposal, except as provided in § 2.10(B) of this Part, must include the information listed below. Evaluation of this information will be conducted in coordination with the USACE and the CRMC and, as applicable, other information as may be required to demonstrate compliance with the §404(b)(1) guidelines in the Clean Water Act. The Department will not issue a determination regarding in-water disposal until a suitability determination has been issued by the USACE.

1. Site plan(s), including all applicable requirements as identified in § 2.16 of this Part, Appendix A;

2. A narrative description of aquatic resources in the proposed disposal area, including but not limited to, shellfish beds, eel grass beds, migratory pathways for finfish, breeding or nursery areas and other aquatic resources;

3. Information on the past history of the proposed disposal area, including but not limited to, prior disposal activity, historical spills and analytical test data;

4. A description of how the dredged material will be deposited at the disposal location, including the frequency and quantity of each disposal event, and measures to control dispersion;

5. A narrative description of any sequencing or staging activities that may be anticipated as part of final disposal;

6. A plan for monitoring water quality impacts from the disposal activities;

7. An Alternatives Analysis describing alternatives to the proposed disposal location that were investigated in accordance with and as required by the federal 404(b)(1) guidelines;

8. § 2.10(A)(8) of this Part, an evaluation of the impact of the dredged material on the physical, chemical and biological components of the aquatic environment. This evaluation shall follow the tiered approach for evaluating in-water disposal options as presented in the guidance documents referenced in § 2.7(E) of this Part. This analysis may include, but is not limited to, a numerical mixing model using elutriate data to evaluate the dispersion of contaminants throughout the water column as required to predict the contaminant concentrations present in the water column after consideration of mixing in order to determine compliance with water quality standards;

B. Applications that propose in-water disposal of dredged material at a federally designated location, must include information as required in §§ 2.10(A)(4)-(5) and 2.10(A)(7) of this Part.

250 R.I. Code R. 250-RICR-150-05-2.10