650 R.I. Code R. 650-RICR-20-00-9.12

Current through December 3, 2024

Section 650-RICR-20-00-9.12 - Application for a Significant Alteration

9.12.1Purpose

A. An application for a significant alteration will be required if a significant alteration is proposed. Such an application is subject to the application procedures and requirements as set forth in R.I. Gen. Laws § 2-1-22 and within these Rules.

B. A significant alteration results from a project that:

1. Because of its area, scope or duration, appears to represent more than a minimal change in or modification to the natural characteristics, functions or values of any freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage;

2. May be detrimental to the basic natural capabilities or values associated with such freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage; or

3. Appears to be random, unnecessary or undesirable.

C. Prior to filing an application for a significant alteration, an applicant may file an application for a freshwater wetlands permit to determine whether or not a project appears to represent a significant alteration to freshwater wetlands, buffer, floodplain, area subject to flooding or area subject to storm flowage.

9.12.2Application Submittal Requirements

A. An applicant seeking a permit for a significant alteration must adhere to the following requirements and submit all written evaluations and documentation as set forth in § 9.12.2(A)(3) of this Part, below.

1. Project scope. An application for a significant alteration must include and describe the entire project proposed by the applicant. A request for a partial review or a review of fewer than all phases of a project may be considered by the CRMC only if:

a. The CRMC has previously reviewed the entire project and considered all project impacts on freshwater wetlands, buffer, floodplain, area subject to flooding or area subject to storm flowage; or

b. As a condition of a prior determination, permit, or consent agreement, or consent judgment, the CRMC required separate applications for individual portions of an overall project.

2. Application content. A completed application for a significant alteration must comply with the general provisions set forth in § 9.8 of this Part as well as the following specific requirements:

a. An original completed application on forms provided by the CRMC (see § 9.8.2 of this Part);

b. Site plans prepared and stamped by a R.I. registered professional engineer which accurately and clearly depict the project and provide, in the opinion of the CRMC, the correct location, extent, and type of all freshwater wetlands, buffer, floodplain, area subject to flooding or area subject to storm flowage within and near the project (§§ 9.8.4 and 9.8.5 of this Part);

c. A fee (§§ 9.8.8 and 9.8.9 of this Part);

d. Proof of ownership in the form of a current certified copy of the deed of the subject property;

e. A current list of the property owners whose properties abut the proposed project parcel(s) as required by § 10-00-1.5 of this Title (CRMC Management Procedures). This list of property owners must contain the current mailing address of each property owner and must be accompanied by a separate map drawn to scale of not less than one (1) inch to one hundred (100) feet (1"=100') showing the properties, lot numbers, and corresponding owners immediately abutting the parcel(s) of the proposed project. For the purposes of determining the abutting property owners to the proposed project, the applicant shall measure from the outermost boundaries of the proposed alterations. Such freshwater wetland alteration boundaries must include at least the following:

(1) The extent of all physical disturbance in a jurisdictional area;

(2) The extent of any impoundment or raising of water elevations of six inches (6") or more in freshwater wetlands, buffers or floodplains;

(3) The extent of drainage of freshwater wetlands, including lowering of surface and sub-surface water elevations;

(4) The relocation of flowing bodies of water or watercourses, including the original and proposed locations; and

(5) The expansion of any jurisdictional area into adjacent properties.

f. All written evaluations and documentation as set forth in § 9.12.2(A)(3) of this Part;

g. Following notification from the CRMC, the required number of full size and reduced site plans, drawn to scale and legible, which are necessary to provide to the municipality, the abutters, and other interested parties;

h. Completed field work that includes field reference markers on the property and points on the site plans sufficient to outline the limits of the project and to identify the edge of the jurisdictional area within the project in a manner sufficient for the CRMC to properly complete its evaluation (see § 9.8.6 of this Part).

i. Applicants for major land development or major subdivision projects, as defined in R.I. Gen. Laws § 45-23-32, must submit, at the time the application is filed with the CRMC, documentation of one (1) of the following:

(1) Local Master Plan approval; or

(2) Local conditional approval of a combined Master and Preliminary Plan; or

(3) A letter from an authorized municipal official (the administrative officer) certifying compliance with local low impact development site planning and design requirements as contained within the local zoning ordinance, land development and subdivision Regulations, or other pertinent Regulations.

3. Written documentation and evaluation. All applicants must provide a written evaluation including all of the following elements:

a. A table of contents that lists all section titles and their corresponding page numbers.

b. A project description that includes:

(1) Project size, purpose, location, and type;

(2) A description of all applicable jurisdictional area;

(3) Site history; and overall areas evaluated including nearby roadways and adjacent land uses; and

(4) A description of the documented occurrence of rare native plants, rare native animals or rare freshwater wetland types as specified on lists maintained by DEM.

c. A narrative description documenting how the proposed project will satisfy the variance criteria specified in § 9.7.3 of this Part.

d. A written evaluation of functions, values, and impacts that describes the evaluation methodology, qualifications of professional(s) performing the evaluation; identification of regulated jurisdictional area; description of freshwater wetland functions, values, and impacts, identification of the proposed measures to reduce such impacts; conclusions; and any literature citations as set forth in § 9.12.2(A)(4)(f) of this Part, below.

4. Evaluation of wetland functions, values, and impacts. All applicants must describe those functions and values provided and maintained by the subject freshwater wetlands, buffers, floodplains, areas subject to flooding and areas subject to storm flowage; describe and assess any anticipated impacts to their functions and values; and describe all structural or non-structural best management practices, best available technologies, schedules, and management plans which will be employed to avoid, or minimize impacts to freshwater wetlands, buffers, floodplains, areas subject to flooding and areas subject to storm flowage to the maximum extent possible. This written evaluation must clearly and fully explain how the proposed project complies with all applicable review criteria set forth or referred to in § 9.7.2 of this Part and must describe the evaluation methodology, the qualifications of persons involved in the evaluation, and must describe all jurisdictional area.

a. Evaluation methodology: Identify the scientific techniques and methods which were used to complete the evaluation, including the dates and times of observations and field studies and the result of such observations and field studies. Identify each specific evaluation methodology that was used, and identify, describe, and explain any deviation from the methodology, and any assumptions made with a specific methodology. Identify and describe any limitation placed upon the study or evaluation which could affect the outcome of the results.

b. Qualifications: List the names and qualifications of each person involved in the evaluation. Assessment of functions and values and impacts may require input by more than one (1) qualified professional consultant or more than one (1) individual familiar with the specific functions or values of the freshwater wetlands, buffers, floodplains, areas subject to flooding and areas subject to storm flowage. The names, addresses and backgrounds of any individuals consulted for the evaluation must be submitted as well as a description of the extent of their participation.

c. Jurisdictional area: Describe all jurisdictional area on-site as well as any off-site freshwater wetlands that are hydrologically connected to the on-site wetland(s) and identify all freshwater wetlands, buffers, floodplains, areas subject to flooding and areas subject to storm flowage evaluated, including any areas of potential impact associated with the project within the jurisdictional area.

d. In addition to the evaluation elements required above, the applicant must address the following requirements in the written evaluation:

(1) Wildlife and wildlife habitat

(AA) Characteristics. Provide the size of the freshwater wetland(s), and describe the topography, microtopography (i.e., leaf litter, mound and pool, exposed soil, rocks), soils, hydrology, dominant plant communities and vegetation in each stratum (i.e., tree, shrub, and herbaceous layers) of the freshwater wetland and buffer or, if a pond, vernal pool or watercourse, the dominant aquatic vegetation; identify and describe any standing or flowing water bodies, water quality, nearby land uses within one hundred fifty feet (150') of the edge of the subject freshwater wetlands and buffer; and identify other freshwater wetland(s) which are hydrologically connected to the on-site freshwater wetland(s) with distances between freshwater wetlands provided;

(BB) Wildlife indicators. Detail and describe the indications of wildlife use (e.g., direct observation of wildlife or indicators such as burrows, scat, tree cavities, tracks, trails, nests, scrapes, and any other observable signs or vocalizations). Detail those species known to be present or that can be anticipated to use the habitat that is present. Note the presence of wildlife habitat which is likely to be used by game or non-game species;

(CC) Values. Identify and describe the current and potential ability of the freshwater wetlands and buffers to provide or maintain the functions and values relating to wildlife and wildlife habitat; and

(DD) Proposed impacts. Identify and describe the physical, chemical and biological impacts, both short-term and long-term, to the wildlife habitat associated with the freshwater wetlands and buffers resulting from the project which include, but are not limited to: impacts to travel, nesting, feeding, spawning, resting, nursery or brood rearing, escape cover, seasonal breeding, migration, and over-wintering for resident, seasonal or transient species; impacts to any rare species; impacts to any game or non-game species managed by State or Federal fish and game agencies; impacts to wildlife habitat functions and values due to changes associated with lighting, noise, temperature, water quality, air quality, water velocity, flow patterns, water elevations, water temperature, fragmentation of habitat, predator/prey relationships, composition of plant or animal communities, intrusion of exotic or invasive species; whether the project may result in displacement, reduction or extirpation of any wildlife species; and whether the project will result in any cumulative loss of wildlife habitat, wildlife species or wildlife populations.

(2) Recreation and aesthetics

(AA) Characteristics. Provide the size of the freshwater wetland(s), and describe topography, soils, hydrology, dominant plant communities and vegetation in each stratum (i.e., tree, shrub, and herbaceous layers) of the freshwater wetlands and buffers, or if a pond, vernal pool or watercourse, the dominant aquatic vegetation; identify and describe any standing or flowing water bodies, water quality, nearby land uses within one hundred fifty feet (150') from the edge of the subject freshwater wetland(s) and buffers, and identify other freshwater wetland(s) which are hydrologically connected to the on-site freshwater wetland(s) with distances between freshwater wetlands provided. Also, identify and describe the location of the freshwater wetlands and buffers and the availability of public access and viewing sites;

(BB) Values. Identify and describe the current and potential ability of the freshwater wetlands and buffers to provide or maintain the functions and values as defined herein relating to recreation and aesthetics; and

(CC) Proposed Impacts. Describe the probable individual and cumulative impacts of the project on the recreational and aesthetic values and any potential reduction in the current or potential ability of the freshwater wetlands and buffers to provide aesthetic values and active or passive recreational activities to the public. Consider the impacts to: wildlife habitat; rare species; vegetation and plant communities; water quality; water temperature, water velocity, water volume and water elevation; wildlife which can be fished, hunted, trapped, observed, heard, studied, or photographed; open space value; public access and public's view of the freshwater wetland; the freshwater wetland's or buffer's prominence as a distinct feature in the local area; the use and enjoyment of watercourses or water bodies within, adjacent to, or nearby the project; and the freshwater wetland's functions and values as a rare freshwater wetland type.

(3) Flood protection

(AA) Drainage characteristics. Identify and describe the drainage characteristics of the site of the project, including any areas contributing stormwater runoff to freshwater wetlands or buffers; describe the drainage characteristics of any surface water flows, including any flowing bodies of water or areas subject to storm flowage within the project site, or within any freshwater wetlands on or off-site that may be impacted by the project; and identify and describe the extent of flooding up to and including a one hundred (100) year frequency storm flood event. Include a map which delineates the watershed of:

(i) The site of the project;

(ii) Any freshwater wetlands or buffers receiving water from the site of the project; and

(iii) Any off-site freshwater wetlands or buffers which may be impacted by the project.

(BB) Values. Identify and describe the functions and values of the freshwater wetlands, buffers, floodplains, areas subject to flooding and areas subject to storm flowage relating to their ability to temporarily store or meter out flood waters from storm events, and to accommodate surface water and drainage into, out of, between, through or within the jurisdictional area under preproject conditions.

(CC) Analysis of proposed impacts

(i) Projects proposing changes in run-off towards freshwater wetlands and buffers shall submit a stormwater analysis for pre- and post-project runoff rates based upon the one (1) year, ten (10) year, and one hundred (100) year, twenty-four (24) hour, Type III storm events. The analysis must be performed using methodologies specified in the most recent version of the Stormwater Management, Design, and Installation Rules, 250-RICR-150- 10-8. In the event that the stormwater analysis reveals any increase above pre-project runoff rates, or any increase in peak flood elevations within receiving waters/wetlands, identify and describe the impact such proposed increase may have upon all functions and values as defined herein. Describe the anticipated impacts to the freshwater wetlands and buffers using supporting calculations, data, diagrams, graphs, and observations.

(ii) Projects proposing changes in drainage characteristics of freshwater wetlands, buffers, floodplains, areas subject to flooding and areas subject to storm flowage or affecting their ability to store, meter out, or reduce the impacts of flooding and flood flows: Identify and describe all project components that may decrease the of freshwater wetlands, buffers, floodplains, areas subject to flooding and areas subject to storm flowage ability to meter out flood waters or decrease their ability to maintain surface flows and natural drainage characteristics. Such project components include, but are not limited to: changes in topography from filling or excavation; changes in vegetative characteristics; additions of buildings or structures; and piping, culverting, bridging, excavating, channelization, relocation, filling, damming or diking. Identify and describe the impacts the project may have upon all freshwater wetland functions and values. Describe the anticipated impacts of all projects using supporting calculations, data, diagrams, figures, graphs or observations as appropriate. Such impact evaluation must be supported by a flood flow analysis based upon the one (1) year, ten (10) year, and one hundred (100) year, twenty-four (24) hour, Type III storm event for pre- and post-project conditions.

(DD) Compensation for loss of flood storage. Projects which propose filling or placement of structures in a flood plain or area subject to flooding may provide compensatory flood storage in order to comply with the review criteria as set forth in § 9.7.2 of this Part by excavation or by permanently eliminating structures which currently displace flood waters; however, compensatory storage may not be proposed beneath or within the confines of any building or structures. Where applicable, compensatory flood storage must be proposed in accordance with the following requirements:

(i) The volume of compensatory flood storage must be equal to or greater than the volume of floodwaters displaced by the project on a foot-by-foot elevation basis unless otherwise specified by the CRMC;

(ii) The compensation area must have an unrestricted hydraulic connection to the affected floodplain and provide the same rate of flood storage capture and discharge over the course of the flood event as in pre-project conditions;

(iii) Compensatory storage must be located within the same reach of the river or flowing body of water (i.e., between the nearest features controlling the flood water elevations upstream and downstream from the proposed displacement area) as the project involving flood water displacement, and must be located as close to the proposed displacement area as possible;

(iv) Creation of compensatory storage must precede or occur simultaneously with the construction of any portion of the project which displaces flood waters;

(v) Where the applicant proposes a compensatory storage area on property owned by others, the applicant must submit a written agreement between such landowner and the applicant wherein the landowner agrees to convey an easement or other property interest or right to the applicant allowing compensatory storage, and to permanently maintain such area for flood storage purposes in the event that the CRMC approves the applicant's project; and

(vi) The design must include all features and best management practices to ensure that impacts to the functions and values of other freshwater wetlands and buffers have been mitigated.

(4) Groundwater and surface water supplies

(AA) Hydrologic characteristics. Identify and describe the current hydrologic characteristics, including both surface and groundwater flows, within and to any freshwater wetlands or buffers that may be affected by the project. Identify the pre-project elevation range of the surface or groundwater on a seasonal and annual basis in the freshwater wetlands and buffers and in the vicinity of the proposed alteration. Describe the extent to which the surface or groundwater levels deviate from long-term ranges and averages. Include a map delineating the watershed of:

(i) The site of the project;

(ii) Any freshwater wetlands and buffers receiving water from such site; and

(iii) Any off-site freshwater wetlands and buffers which may be impacted by the project.

(BB) Functions and values. Identify and describe the functions and values of the freshwater wetlands and buffers relating to surface water or groundwater supplies.

(CC) Proposed impacts. Identify and describe all components and activities of the project that may directly or indirectly divert, reduce or contain surface or groundwater flow to, away from, or within any freshwater wetlands and buffers, including a description of the volumes of water which may be diverted, reduced or contained, and the rate and duration of such diversion, reduction or containment. Identify and describe the impacts the project may have upon all functions and values. Describe the anticipated impacts using supporting calculations, data, figures, diagrams, graphs and observations as appropriate.

(5) Water quality

(AA) Drainage characteristics. Identify and describe the current drainage characteristics of the area of the project, including any on or off-site freshwater wetlands that may be impacted by the project.

(BB) Functions and values. Identify and describe the functions and values of the freshwater wetlands and buffers relating to water quality; and describe the present water quality classification and impairment status of any water body as set forth by the Rhode Island Department of Environmental Management. Include a description of the water quality conditions of all freshwater wetlands within the project area, as well as any off-site freshwater wetlands that may be affected by the project. Identify how the project will avoid contributing to a violation of the standards or contributing to any further degradation of currently degraded surface or groundwater resources.

(CC) Water quality analysis

(i) When required, submit a pollutant loading analysis that quantifies the pollutants in stormwater runoff for both pre- and post-project conditions using the methodology specified in the most recent edition of Stormwater Management, Design and Installation Rules, 250-RICR- 150-10-8. If the methods used incorporate the best available technology, but are different from those in the manual or deviate from its guidelines, the applicant must describe why they were used and submit and document all data, calculations, and methods used. The acceptance of these alternative methods is subject to CRMC approval; and

(ii) Submit a water quality analysis that quantifies the pollutant concentrations or loadings from land uses with higher potential pollutant loads (LUHPPLs) as specified in Stormwater Management, Design and Installation Rules, 250-RICR- 150-10-8, as well as plant nurseries or other land uses involving use of fertilizers, herbicides, pesticides for both pre- and postproject conditions by using one (1) or more acceptable and scientifically supported methodologies. The acceptance of the method(s) utilized for such calculations is subject to CRMC approval.

(DD) Proposed Impacts. Identify and describe all components and activities of the proposed project that may result in any degradation of water quality associated with freshwater wetlands by increasing pollutant sources; nutrient loading; increasing turbidity; decreasing oxygen; altering temperature regimes; reducing stream or river flows; altering the freshwater wetland's or buffer's ability to retain or remove nutrients; or by withdrawing water from or near any freshwater wetlands. Identify and describe the impacts the proposed project may have upon all functions and values. Describe the anticipated impacts to the freshwater wetlands and buffers using supporting calculations, data, figures, diagrams, graphs and observations.

(6) Soil erosion and sediment control

(AA) Identify and describe all proposed land disturbance activities; current site conditions, including soil conditions and topography; drainage characteristics of the site of the proposed project; any critical erosion areas; and all proposed non-structural and structural temporary and permanent erosion and sediment control methods. Further, describe how and why such erosion and sediment control measures will protect functions and values and meet the review criteria as set forth in § 9.17.2 of this Part. The written evaluation must include supporting calculations, data, figures, diagrams, graphs and observations. For projects involving one (1) acre or more of land disturbance, this requirement must be satisfied with the submittal of a Soil Erosion and Sediment Control Plan as specified in the DEM's General Permit for Storm Water Discharge Associated with Construction Activity, 250-RICR- 150-10-1.

e. Conclusion: Identify and detail how the project meets all review criteria as set forth in § 9.7.2. Describe any measures to reduce impacts which were considered and rejected and indicate why they cannot or should not be employed.

f. Literature citations: Provide citations for all literature used to support the evaluation.

9.12.3Completeness Determination

Prior to the public notice of any application for a significant alteration, the CRMC will review the application to determine whether or not it is a completed application for public notice purposes (See § 9.12.2(A)(2) of this Part).

9.12.4Public Notice and Participation -Public Hearings

A. Public notice: An application for a significant alteration shall be publicly noticed in accordance with the CRMC's Management Procedures, Part 10-00-1 of this Title. The public notice period shall commence upon the day of mailing of the notice and end thirty (30) days thereafter. Notice of the application shall be made by first class mail or if available and appropriate, e-mail. The CRMC will rely upon those names and addresses provided by the applicant to notify abutting property owners and the applicant must ensure that the list of abutters is current and accurate at the time of application filing.

B. Content of the public notice

1. The notice shall include the name of the applicant seeking permission to alter, the applicant's address, the purpose of the project as described by the site plans, the jurisdictional area to be altered, the proposed alterations, and a reduced set of site plans eight and one half inches by eleven inches (8.5" x 11") provided by the applicant.

2. The CRMC shall furnish the public notice to the city or town council and the city or town clerk within whose borders the project is proposed. The CRMC shall request that the city or town clerk maintain the notice within that office for public viewing during the thirty (30) day notice period.

3. Public notice - disclaimer: Notice of the application is not a notice of approval or any intent by the CRMC to approve or issue a permit for the project.

4. Review during public notice: The CRMC will not make a decision on an application as to whether any alteration is random, unnecessary, or undesirable during the public notice period.

C. Public comments

1. Comments filed with the CRMC will be considered and reviewed if they are in writing, are legible, contain a discernable name and address of the objector, are signed and are received during the notice period. A comment received via e-mail will be considered provided that a signed original copy is also delivered to the CRMC. The commenter must identify the application number noted in the public notice or must otherwise identify or reference the project about which they are objecting. The CRMC will not consider or review comments to projects which do not contain sufficient information to properly relate the objection to a specific application.

2. A comment will be considered timely filed if received within the thirty (30) day public comment period. If the last day of the notice period ends on a weekend or holiday, the end of the public notice period will be extended through the next working day.

3. The CRMC shall determine whether a comment is a substantive objection pursuant to § 1.1.6(G) of this Subchapter. All comments received by the CRMC will remain part of the application file. In addition, for purposes of this Rule, a substantive objection is any written comment offered in opposition to a project that:

a. Relates to the functions and values of the freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage;

b. Has not been clearly addressed by the applicant in his or her application;

c. Has not been assessed by the CRMC during its review of the application, and

d. Cannot be resolved by the CRMC's evaluation of the application.

4. If a comment is determined to be a substantive objection, the applicant will be notified of the scheduling of a public hearing in writing and may be subject to a fee pursuant to the CRMC Management Procedures, Part 10 00-1 of this Title.

5. An objector may withdraw, in writing, his or her objection any time prior to the scheduling of a public hearing. The CRMC will notify the applicant if any substantive objection is withdrawn. If all substantive objections are withdrawn in sufficient time to prevent the notice of a public hearing, the public hearing will not be held, and the CRMC will proceed with a decision on the application.

6. In cases where the city or town council of a municipality in which a project or activity is proposed files a substantive objection to the proposed project or activity, the Council may establish a subcommittee to review the application. The subcommittee shall make a recommendation to the full Council based upon the application, staff reports, municipal concerns and any public comments received. The Council shall then consider and act upon the application.

D. Public hearings

1. When necessary, the CRMC will hold public hearings on proposed alterations to freshwater wetlands when a request for such hearing is made in accordance with § 9.12.4(C) of this Part and the CRMC Management Procedures, Part 10-00-1 of this Title. The purpose of such hearings shall be to elicit comments from the public regarding the impact of the proposed alteration on the functions and values provided by the subject freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage.

2. Public hearings will be held at a time and place designated by the CRMC.

9.12.5Decision on Application for a Significant Alteration

A. The CRMC shall notify applicants, the applicant's attorney or other designated representative, if any, by first class mail.

1. Decision to Deny

a. An application for a significant alteration with a proposed alteration to any freshwater wetland, buffer, floodplain, area subject to flooding or area subject to storm flowage will be denied by the CRMC if the project as proposed does not satisfy the review criteria in § 9.7.2 of this Part or would result in a random, unnecessary, or undesirable alteration of a freshwater wetland, as those terms are defined herein, since such alterations are not in the best public interest. Such projects are therefore inconsistent with R.I. Gen. Laws §§ 2-1-18 and 2-1-19 and these Rules, and the CRMC will deny such applications.

b. A written decision including findings of fact and conclusions of law will be issued by the CRMC following a public hearing in the matter in accordance with § 10-00-1.8 of this Title.

2. Decision to permit and grant a variance The CRMC shall issue a permit and grant applicable variances from standards for an application which, in the opinion of the CRMC, satisfies the review criteria in § 9.7.2 of this Part, and does not represent a random, unnecessary, or undesirable alteration of freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage, and satisfies all variance criteria or requirements as specified in § 9.7.3 of this Part. All permits shall make detailed reference to the subject application and the CRMC-approved plans.

9.12.6Permit Requirements and Conditions

A. Conditions and terms of the permit may require modification of portions of the project, as described by plans provided by the applicant.

B. Plans referenced within the permit letter shall be stamped "approved with conditions" by the CRMC and shall contain the application number, date of the permit letter, and signature of an authorized agent of the CRMC.

C. A copy of the permit, the permit letter and one (1) set of the approved site plans must be maintained at the project site at all times during construction and up to the time of project completion. Prior to commencement of site alterations, the Permittee shall post the permit which must be maintained at the site in a conspicuous location until such time that the project is complete.

D. When required by permit condition, the permit shall be recorded at the expense of the owner, in the land evidence records of the city or town where the subject property is located. The applicant must submit written documentation to the CRMC from the city or town showing that the permit was received for recording immediately upon recordation.

E. Unless otherwise ordered by the CRMC or renewal of a permit is obtained, all permits are limited to a period of three (3) years from the date of issue and shall expire thereafter.

F. Any permit renewal must be requested by submittal of an application for permit renewal that meets the requirements of § 9.14.2 of this Part.

G. Construction activities affecting freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage occurring or ongoing at the expiration deadline of any permit or any renewal permit must cease until such time that a new permit has been issued by the CRMC in accordance with these Rules.

H. The original Permittee or subsequent transferee is required to notify the CRMC in writing prior to the commencement of the work described or referenced in the permit.

I. The CRMC may require the Permittee or subsequent transferee to provide written certification from the appropriate regulated professional attesting to the completion of the approved project that is described or referenced in the permit or on the approved site plans.

9.12.7Permit Compliance

The applicant may only proceed with the approved project within freshwater wetlands, buffers, floodplains, areas subject to flooding or areas subject to storm flowage in strict compliance with such terms and conditions, including time of completion, as the CRMC may require to ensure the protection of freshwater wetlands, buffers or floodplains and the functions and values they provide. Any non-compliance with a permit term or condition or these Rules represents a violation of the permit, the Act and these Rules and constitutes grounds for enforcement action by the CRMC.

9.12.8Appeal of Decisions

Any appeal of a CRMC decision shall be conducted in accordance with the CRMC's Management Procedures, Part 10-00-1 of this Title.

9.12.9Application Closure

A. An application for a significant alteration shall be considered closed under the following circumstances:

1. The applicant fails to answer any notification of application deficiency or any request for additional information by the CRMC within a prescribed timeframe.

2. A decision of the Council is issued and an appeal of the decision is not filed within thirty (30) days;

3. Upon receipt of notification from the applicant that the application has been withdrawn in accordance with these Rules and the CRMC's Management Procedures, Part 10-00-1 of this Title.

650 R.I. Code R. 650-RICR-20-00-9.12

Adopted effective 7/1/2022