250 R.I. Code R. 250-RICR-150-05-2.13

Current through November 7, 2024

Section 250-RICR-150-05-2.13 - Review and Processing of Applications

A. General Evaluation Criteria: In reviewing the application, the Department may use, but is not limited to, the following documents: the most recent version of the Rhode Island Soil Erosion and Sediment Control Handbook, developed jointly by RIDEM and U.S. Department of Agriculture Natural Resources Conservation Service; State of Rhode Island Stormwater Design and Installation Standards Manual, developed jointly by RIDEM and Coastal Resources Management Council; Storm Water Management for Construction Activities (EPA 832-R- 92-005), U.S. Environmental Protection Agency; the Technical Support Document for Water Quality-based Toxics Control, March 1991, EPA/505/ 2-90-001; Evaluation of Dredged Material Proposed for Ocean Disposal -Testing Manual, February 1991, EPA-503/ 8-91 /001; Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal, developed by the USEPA and the USACE; Evaluation of Dredged Material Proposed for Discharge in Water of the U.S. - Testing Manual, 1998, developed by USEPA and USACE; Interim Regional Policy for New England Stream Flow Recommendations, U. S. Department of Interior, Fish and Wildlife Service; Water Quality Standards Handbook, 2nd. Ed., August 1994, EPA-823-B- 94-005a; §404(b)(1) Guidelines of the Clean Water Act, December 1980; and regulations, laws, standards or policies accepted by the Department.

B. Application Completeness

1. Upon receipt of an application, the Department will review the application for completeness and shall, within thirty (30) days, notify the applicant in writing whether the application is complete.

2. If the application is incomplete, the Department shall list the information necessary to make the application complete and shall specify in the notice of deficiency a date for submitting the necessary information. Where the Department has deemed an application to be deficient, the processing of the application will be suspended and the applicant shall correct said deficiencies to the satisfaction of the Department.

3. If the applicant fails or refuses to correct said deficiencies within the specified time period, and if an extension has not been granted by the Department, the permit will be denied.

4. Certification of Complete Applications: Once an application pursuant to these regulations is considered complete, the Department may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete, but if the applicant fails or refuses to submit such information, the permit may be denied.

C. Timelines for Reviewing Complete Applications

1. The Department will complete reviews of applications for maintenance dredging projects and the Director will forward the Department's decision to the applicant and a copy to CRMC within one hundred and eighty (180) days of determining that the application is complete.

2. The Department will complete reviews of applications for new or expanded dredging projects and the Director will forward the Department's decision to the applicant and a copy to CRMC within five hundred and forty (540) days of determining that the application is complete.

3. An application that includes in-water disposal shall not be considered for decision unless a suitability determination has been issued by the USACE for the proposed disposal location.

D. Public Notice and Consideration of Public Comment

1. Public Notice - Upon determination that an application to dredge is complete, the applicant shall provide written notice, in a form approved in writing by the Department, of the proposed project to all abutters of any property upon which new dredging or dewatering or maintenance dredging of over ten thousand cubic yards of dredge material are proposed and all abutters of any property where beneficial use or disposal of dredge material will occur, and to any other such persons, agencies or organizations deemed necessary by the Director.

a. For projects involving beneficial reuse or disposal, the applicant shall also notify all parties within 1750 feet of the proposed site of beneficial reuse or disposal or publish a notice in a daily or weekly newspaper with circulation in the involved area.

b. For projects involving in-water disposal of over ten thousand cubic yards of dredge material, the applicant will publish notice, in a form approved in writing by the Department, in a daily newspaper with statewide circulation. For projects involving in-water disposal of over ten thousand cubic yards of dredge material, the Department may also require the applicant to publish notice, in a form approved in writing by the Department, in an additional daily or weekly newspaper with circulation that includes the community nearest the proposed location for in-water disposal.

2. Comment Period - The notice will provide for a thirty-day comment period during which time all interested persons may provide written comments or request a hearing on the dredging project proposed by the application.

3. Public Hearing - The Director may provide an opportunity for an oral comments if a hearing is requested by twenty-five (25) persons, or by a governmental subdivision or agency, or by an association having not less than twenty-five (25) members. The applicant, all persons receiving notice under § 2.13(E) of this Part, and all persons submitting comments or requesting a hearing under § 2.13(E)(1) of this Part shall be notified by the applicant, in a form approved in writing by the Department, at least (14) days in advance, of the time and place of the hearing.

4. Consideration of Comments - The Director shall consider all written and oral comments and may approve modifications to the application package made in response to comments received, without requiring another notice and comment period.

5. Notice of Decision - All persons who submit comments, either orally at the hearing or in writing, shall receive written notice of the final agency decision on the application.

6. Modifications - The Director may approve modifications to an approved dredging project without further notice, provided that the project had been noticed in accordance with this section, and such modifications are minor in nature and will have little or no adverse environmental impact.

E. Appeals

1. Right to Appeal Department Decision: Any person whose dredging permit application is denied by the Department may appeal to the Director for review of the Department's decision on which the denial is based by filing an appeal with the Administrative Adjudication Division.

2. Appeal Procedures

a. Filing of Appeal - All appeals shall be in writing and shall be filed with and received by the Department's Administrative Adjudication Division within twenty (20) days of the effective date of the denial of the subject application.

b. Contents of Appeal - Every appeal shall contain a detailed basis upon which the appeal is taken and a certified check, bank draft or money order in the amount of one thousand five hundred ($1,500) dollars.

c. Notice of Administrative Hearing - Upon receipt of an appeal, the Administrative Adjudication Division shall notify the following, by first class mail, of the date, time and place of the adjudicatory hearing, in conformance with R.I. Gen. Laws § 42-35-9, the applicant and all other persons who received notice pursuant to § 2.5 in this Part.

d. Conduct of Hearing - The notice and conduct of the hearing by the Administrative Adjudication Division shall comply in all respects with the administrative procedures set forth in R.I. Gen. Laws Chapter 42-35 and the Rules of Practice and Procedure for the Administrative Adjudication Division for Environmental Matters.

3. Burden of Proof and Standard of Review - At the adjudicatory hearing, the applicant shall have the burden of proof to demonstrate through clear and convincing evidence that:

a. A literal enforcement of the regulations will result in unnecessary hardship;

b. That the dredging project proposed in the application complies with R.I. Gen. Laws Chapter 46-6.1; and,

c. That the issuance of a permit will not be contrary to the public interest, public health and the environment.

4. Right to Appeal Council Decision - Any interested party may file a substantive formal written objection and/or request for hearing on dredging permit decisions made by the Council pursuant to the Council's Management Procedures.

250 R.I. Code R. 250-RICR-150-05-2.13