250 R.I. Code R. 250-RICR-150-05-2.6

Current through November 7, 2024

Section 250-RICR-150-05-2.6 - Pre-Application Process

A. Before submitting an application for permission to dredge, applicants are strongly encouraged to take advantage of pre-application opportunities to consult with the Department, the Council and any other agencies with jurisdiction. The purpose of pre-application consultations is to provide applicants with guidance and assistance in preparing a complete application, including the results of an approved sampling plan, so that the application can be reviewed and acted on in accordance with the timelines set forth in statute.

B. To initiate a pre-application consultation, applicants should provide notice of a preliminary proposal to dredge to the Council. Upon receipt of such notification the Council will schedule a joint CRMC-Department pre-application meeting with the applicant. The Department shall designate a single point of contact for purposes of this and all subsequent meetings on the proposal. This point of contact will usually be a member of the Office of Technical and Customer Assistance (OTCA). Depending on the specifics and status of the application, representatives of several Department programs will be asked to participate, including in particular:

1. Office of Water Resources

2. Office of Air Resources

3. Office of Waste Management

4. Division of Fish and Wildlife

C. Following the initial pre-application meeting, the Department's single point of contact may schedule additional pre-application meetings with the applicant to review specific regulatory requirements and their applicability to specific aspects of the proposal.

D. Review and Approval of Sediment Sampling Plan. Applicants are encouraged to use the pre-application process to develop and secure Department approval of the Sediment Sampling Plan required in § 2.7 of this Part. Approval is required before implementation of the plan. Sampling results are required as part of an application. Applicants should submit, at least 7 days prior to a pre-application meeting, a proposed Sediment Sampling Plan, in accordance with §§ 2.7(B)(1), 2.7(B)(2) and 2.7(B)(3) of this Part. Applicants may also obtain guidance and approval for initial assessments, pollutant transport analyses or background studies that may be needed as a follow-up to sediment sampling, in accordance with §§ 2.7 or 2.9(B) of this Part.

E. Review of Impacts on Fisheries, Wetlands and Other Aquatic Resources. Applicants are encouraged to use the pre-application process once the dredged material has been characterized and the disposal or beneficial use location has been identified. The process will allow the applicant to consult with the Department about existing information and the need for new information regarding aquatic resources, potential impacts from proposed activities, and means to avoid or minimize such impacts, for example through modifications to design, methodology or timing, in accordance with the provisions of §§ 2.8 through 2.11 of this Part. Applicants may also obtain a determination whether the project has potential to significantly alter freshwater wetlands so as to trigger requirements for additional documentation under § 2.9(C) of this Part.

250 R.I. Code R. 250-RICR-150-05-2.6