Date posted: FEBRUARY 8, 2022 by 4:00 P.M. AIl items on this agenda are tol be discussed and/or acted upon. TOWN OF LITTLE COMPTON TOWN COUNCIL MEETING OF FEBRUARY 10, 2022 Virtual meeting by Zoom and teleconference Join Zoom webinar: https:/zoom.us Webinar ID: 81393890598 Password: 789635 Dial by location Toll Free numbers: 888 788 0099 or 833: 548 0276 or 833548 0282 or 8778535247 Live streaming at itps/www.youtubecom/chamne/uCNOKCOBP4BAEI4Z0XH099 AGENDA 7:00 P.M. Approval ofMinutes January 20, 2022 * Consent Agenda - All items listed with an asterisk (*) are considered tol be routine by the Town Council and willl be enacted by one: motion. There willl be no separate discussion oft these items unless a council member or citizen sO: requests in which event the item will be withdrawn from the General Order ofbusiness and considered in the normal sequence on the agenda. ** These items are received and filed with no other action taken. Announcements: 1. Tiverton Lions Club recognition ofl Police Officers, Firefighters and Educators ofthe Year on Saturday, March Sth Department Head Reports: 1. Town Clerk - Activity Report for January 2022 2. Finance Director- - Activity Report for. January 2022 3. Fire Department- - Activity Report for. January 2022 4. Building Department - Analytics Report for. January 2022 5. Police Department - Activity Report for January 2022 6. Tax Assessor - Activity Report for January 2022 7. Town Administrator- January 2022 Monthly Report Old Business: 1. Correspondence from South Fork Wind, offering documents noted ini the Memorandum Of Agreement relating to the Final Post-review Discovery Plans a. Additionally received from South Form Wind a letter noting no archeological resources identified within the surveyed area. Survey supplied electronically and may be accessed via www.southforkwindcon mitigation and Accessory Use Code relating to structures 2. Receive recommendation from the Planning Board RE: proposed zoning changes as suggested by Peter Medeiros Building Inspector/Zoning Official, storm water 3. Receive recommendation from the Town. Administrator and the Town Clerk for the hiring of an individual to serve as aj part-time clerk for the Planning and Zoning Boards 4. Receive proposals for Construction Management Firm and consider next action(s) 5. Appoint Virginia K. Greenwood to serve on the Planning Board for a term expiring Feb. 1,2026 New Business: 1. Adopt resolution to authorize bond financing as authorized by vote of Financial Town a. Authorize engagement with Steve Maceroni, ofPFM Financial Advisors LLC to serve the town relating to refunding school bond and financing oft town Meeting held May 18, 2021 projects 2. Letter from Chief Scott Raynes requesting the Council appoint Retired Detective Lt. Alberto J. Bucci to the LCI Police Departments Reserve Police Officer Program. 3. Legislative Priorities 2022 received from the RILeague of Cities and Towns with a request for the Council to adopt a resolution in support oft the RI League 2022 legislative priorities. 4. Receive a draft FY23 budget and schedule budget workshop Communications: 1. Grant request received from both the East Bay Community Action Program and Stay At] Home in LC, Inc. for budget funding in FY2023 be included ini the warrant on their behalf for the May 17,2022 Annual Financial Town Meeting. 2. Copy ofa 2022 Federal Certification Review oft the State Planning Council - Metropolitan Planning Organization for the Providence, RI-MA Transportation 3. Resolution adopted by the Tiverton Town Council petitioning the General Assembly to require CRMC to give actual written notice to any owner of property within 1,000 feet, publish large print advertising, and ensure full public notification Management Area. measures are taken for all future applications. Consent: 1. Comments of gratitude offered by Chip McLaughlin to the Council regarding the 2. Copy of a resolution adopted by the Middletown Town Council resolving to prioritize quality education for Middletown Students, Families and Residents. 3. Copy ofal Public Notice received from RI Statewide Planning, Transportation Advisory Committee announcing a hearing to consider a Minor Amendment #21 to the FFY 2022-2031 State Transportation Improvement Program, hearing 02-17-20225:30 PM, public online participation posted on the meeting notice. 4. Public Notice received from Coastal Resources Management Council for the consideration of an application ofThe Army Corps of] Engineers, New England District to replace and revise the Army Corps of] Engineers RI General Permit for a standard period of5 years. Comments tol bei received by March 2, 2022 at CRMC. 5. Copy of ai resolution adopted by the Tiverton Town Council requesting an increase of frequency with which RI Municipal Police Training Academy provides initial recruit 6. Copy of ai resolution adopted by the Tiverton Town Council: requesting the RI General Assembly support the extension of] RIGL 16-7-40, increased school housing ratio. outcome oft the proposal for a flag policy. training to satisfy municipal police department needs. Payment of Bills All are welcome to any meeting at the town, which is open to the public. Individuals requiring communication assistance or any accommodation to ensure equal participation will need to contact Please be aware that upon entering the virtual Webinar, all public participants will have their audio automatically muted and their video turned off. All such participants will still be ablei to see and hear the Council members. Should a member of the public wish to speak or ask a question, please use the "Raise hand" option or type in a question using the Chat Feature. Wei request that the Town Clerk at 635-4400 not less than 48 hours prior to the meeting. you identify yourself to the Council President upon being allowed audio rights. Hosted by the Tiverton Lions Club Salurday, March 5, 2022 6:00 PM Social o 7:00 PM Buffet Dinner McGovern's on the Water Restaurant 310Shove Street o Fall River, MA Tickets: $40 per person Monorees TMERTON Tiverton Police - Captain Michael Miguel Tiverton Fire - Firelighter Nicholas Barooza Tiverton High School Victoria Blaser (Media Center) Tiverton Middle School a Dillon Sheridan (7th Grade Science) Tiverton Fort Barton School- Alane DeiDeo Kindergarten Teacher) Tiverton Ranger School - Laura Rocha (School Nurse) Tiverton Pocasset School a Denise Duarte (School Nurse) LITTLE COMPION K Little Compton Police - Corporal Caitlin Farrar Little Compton Fire o Nelson Cabot (Gitizen of the ear) Little ComptonSchool o Jean Dunn (School Nurse) No.251 DWRI Carol A. Wordell, CMC, Town Clerk 40 Commons PO: Box 226 Town ofLittle Compton, RI G EDVE FEB 12022 By To: Antonio A. Teixeira Town Administrator From: Carol A. Wordell, CMC Town Clerk Date: February 1,2022 The office oft the Town Clerk handles on a daily basis a wide array oft tasks. During the month ofJanuary the: following figures display the volume of work: Dump stickers 648 issued Recording land evidence 105 instruments recorded Dog licenses- 2 Vital records certified copies issued - 20 Marriage License: issued-2 Miscellaneous fees collected for Probate, copying, appliance etc. - see attached. In addition to our day to day activities we have the following: Probate Court responsibilities Council Clerk responsibilities- - meetings, minutes, follow up actions Coordinate with the IT personnel for day-to-day issues, oversee website daily needs, audio/visual needs for council chambers inj prep: for hybrid meetings Ongoing responsibilities as Wellness Coordinator for the Trust, sharing multiple Continue assisting Planning and Zoning Boards due toi resignation oftheir clerk Ongoing discussions with RI Dept. ofHealth RE: new vital module ongoing training Attend via zoom quarterly meeting oft the RI Town & City Clerks' Assoc. Resumed hosting zoom meetings for Boards as of] Feb. 10th. (Library, Wilbour Woods Comm., Budget (2), Housing' Trust, Council, and Recreation Comm.) Attend via zoom. NE. Association of City & Town Clerks' Board meeting Conducted interviews with applicants for PTI Board secretary online health programs Date Range: 01/01/2022- 01/31/2022 Distribution Summary Report TOWN OF LITTLE COMPTON Town Clerk Town of Little Compton ACCOUNTNUMBER 381 382 386 4200 4200 4200 4300 4305 4306 4309 4309 4309 4310 4310 4317 4317 4317 4317 4317 4317 4319 4319 4320 4320 4325 4330 02/01/2022 Pagelof1 DESCRIPTION Municipal Lien Certificate Historical Records- Town Technology: 10% Spay/Neuter License: Private Detective Copies & Other Services TradeN Names Recordings! 90% Probate Court Fees Probate Advertising Marriage License- State Historical Records- State Vital Statistics- State Realtys Stamps- - State Realtys Stamps Town Miscl License and Permit License: Holiday License: Victualing Vital Statistics- Town Entertainment License Marriagel License- Town Alcoholic Beveragel License License: Beverage Advertising Animal License License: Kennel Dump Appliance Dump TOTAL:$28,906.83 ACCOUNTTOTAL $0.00 $93.00 $501.90 $2.00 $0.00 $188.00 $0.00 $4,621.10 $2,033.43 $135.00 $32.00 $279.00 $171.00 $8,252.96 $7,566.44 $0.00 $0.00 $0.00 $225.00 $0.00 $16.00 $0.00 $0.00 $10.00 $0.00 $4,555.00 $225.00 DWR) TOWN OF LITTLE COMPTON FINANCE DIRECTOR REPORT P.O. BOX226 LITTLE COMPTON, R.I. 02837 JOSEPH DESANTIS FINANCE DIRECTOR PHONE 401-635-4219 FAX401-635-2470 Finance Director Monthly. Report January 2021 Initiatives & Financial Highlights: Began FY2023 Budget Projections W2's completed and disbursed MTP Report being finalized for submission to Department of Revenue Fiscal Year 2021 Audited Financial Statements finalized Tax Highlights: Total tax revenue collected for Current Year, Prior' Years and Interest int the month of December Total tax revenue collected for (C,S,) Current Year, Prior Years and Interest in the month of was $2,222,380.11 January are $234,487.13 Total Tax Delinquency Balances (P) collected inJ January are $7,383.84 DHR-3 Little Compton Fire Department Monthly Report Januaty 2022 Little Compton Fire Depart ment Incident Anal ysis From 01/01/2022 Thru 01/31/2022 Incidents By Time And Day Pager 1 Printed: 02/03/2022 SUN MON TUE 1 1 2 2 3 1 1 3 3 1 1 WED THR FRI SAT TOTALS 1 1 3 5 14 4 12 10 6 13 11 8 5 8 6 1 4 5 1 1 3 2 124 1 AM 2 AM 3 AM 4 AM 5 AM 6 AM 7 AM 8 AM 9 AM 10 AM 11 AM 12 PM 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PM 12 AM TOTALS GRAND TOTAL: 124 1 1 1 3 1 1 1 3 1 1 3 1 18 1 1 1 2 1 1 2 1 1 1 1 2 2 3 2 2 1 1 2 2 2 2 2 3 2 1 3 1 3 1 2 3 1 4 1 2 1 3 1 1 2 1 2 3 3 1 1 1 21 2 1 18 1 14 18 22 13 NFPA Part III: Fire And Incident Type Breakdown Nimber Deaths 1 0 0 0 1 0 0 0 0 0 0 0 1 0 0 0 0 1 37 4 Dollar Loss 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Structure A: 1. Private Dwellings (1 or 2 Family) 2. Apartments (3 or More Families) 3. Hotels and Motels 4. All Other Residential 5. TOTAL RESIDENTAL FIRES 6. Public Assembly 7. Schools and Colleges 8. Health Care and Penal Institutions 9. Stores and Offices 10. Industry, Utility, Defense, 11. Storage in Structures 12. Other Structures 13. TOTAL STRUCTURE FIRES B: Other Fires And Incidents 14a. Fires in Highway Vehicles 16. Fires Outside of 17. Fires in Rubbish 18. All Other Fires 19. TOTALS FOR ALL FIRES 20. Rescue, Emergency Medical Responses 21. False Alarm Responses Fires By Fixed Property Use Injury 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Laboratories 14b. Fires in Other Vehicles Structures With Value Involved 0 15. Fires Outside of Structures With No Value Involved 0 2 Little Compton Fire Depart ment Incident Anal ysis From 01/01/2022 Thru 01/31/2022 Pager Printed: 02/03/2022 22. Mitual Aid 23a. Hazi mat Responses 23b. Other Hazardous Conditions 24. All Other Responses 25. TOTAL FOR ALL INCIDENTS 3 0 1 78 124 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NFPA Part IV: False Alarm Responses Type Of Call 1. Malicious, Mischi evous Fall Call 2. System Malfunction 3. Unintentional 4. Other False Alarms Number 0 3 1 0 Incident Type Category Breakdown Occurre ences 1 0 40 1 74 1 4 0 0 3 124 Percentage 0.8 0.0 32.3 0.8 59.7 0.8 3.2 0.0 0.0 2.4 100.0 Incide ent Type Category [100-199] Fire/Explosion [200-299] Overpressure Rupture [300-399] Rescue Call [400-499] Hazardous Condition [500-599] Service Call [600-699] Good Intent Call [700-799] False Call [800-899] Severe Weather/Natural Disaster [900-999] Special Type/Complaint Unde et err mined TOTAL Fixed Property Type Category Breakdown Fixed Property Type Cat egory [100-199] Public Assembly Properties [200-299] Educational Properties [300-399] Institutional Properties [400-499] Residential Properties [500-599] Mercantile Properties [600-699] vtilitics/Tehnology/Parming/ning [700-799] Manufacturing Properties [800-899] Storage Properties [900-999] Special Properties Occurrences 2 5 0 51 0 0 0 58 5 0 3 124 Percentage 1.6 4.0 0.0 41.1 0.0 0.0 0.0 46.8 4.0 0.0 2.4 100.0 None Unde et err mined TOTAL Fire District Breakdown Occurrences 16 1 Perce entage 12.9 0.8 Fire District NORTH WEST WESTPORT Little Compton Fire Department Incident Anal ysis From 01/01/2022 Thru 01/31/2022 Page: 3 Printed: 02/03/2022 5 68 22 7 3 2 124 4.0 54.8 17.7 5.6 2.4 1.6 100.0 SOUTH WEST NORTH CENTRAL NORTH EAST CENTRAL SOUTH TIVERTON TOTAL Personnel Breakdown Nan me Unknown Pers. Form Time Sheet Reporting Approving 0 16 28 32 24 21 26 12 8 33 11 36 26 273 0 16 28 32 24 21 26 12 8 33 11 36 26 273 0 0 34 23 3 11 0 0 0 40 1 12 0 124 3 0 30 28 3 7 0 0 0 44 0 9 0 124 Firefight er Adam M Cabral Li eut enant David A Nickerson Li eute enant James B Vandal Firefight er Jonathan j Bednarz Li eut enant JUSTIN P TEIXEIRA Probationary Firefighter Matthew S Pierce Probationary Firefighter Matthew T Hughes Firefighter Michael W Martino Captain Randall A Watt Chief Richard G Petrin Firefighter Samel T Hussey Probationary Firefighter Tyler j Carr TOTAL Apparatus Breakdown Responses 10 12 18 3 30 68 2 5 2 150 Perce entage 6.7 8.0 12.0 2.0 20.0 45.3 1.3 3.3 1.3 100.0 Apparatus Fire Chief's Car Fire Prevention Car Engine 2 Forestry Truck Rescue 1 Rescue 2 Squad Tanke er 1 TIVERTON RESCUE TOTAL Incident Type Incide ent Type Not Reporte ed Chimey or flue fire, confined to chimey or flue EM call, excluding vehicle accident with injury Motor vehicle accident with no injuries. Power line down Service Call, other Lock-out Public service assistance, other Public service COVID TESTING Assist invalid Occurrences 3 1 39 1 1 9 1 1 3 56 4 Perc entage 2.4 0.8 31.5 0.8 0.8 7.3 0.8 0.8 2.4 45.2 3.2 Little Compton Fire Department Incident Anal ysis From 01/01/2022 Thru 01/31/2022 Page: 4 Printe ed: 02/03/2022 Dispatched & cance eled en route Alarm syst em sounded due to malfunction Alarm syst em activation, no fire - unintentional 1 3 1 124 0.8 2.4 0.8 100.0 TOTAL Aid Given or Received Aid Given or Received Not Reporte ed Mitual aid received Mtual aid given None TOTAL Occurr ences 3 1 3 117 124 Percentage 2.4 0.8 2.4 94.4 100.0 Apparatus Use Apparatus Use Other Suppression EM TOTAL Occurrences 30 21 99 150 Percentage 20.0 14.0 66.0 100.0 For Districts: All For Situations: All For Jurisdictions: All For Street(s): All For Location: All DHR-4 2/3/22, 1:12PM Builliy Depk Analytics-C OpenGov Analytics Records submitted over time Records 8 7 6 5 4 3 2 ) Totals 68 Records Created $10,960.00 Revenue Collected 142 Inspections Done 60 Permits Issued 0 Filter Results All Records 1/2 DHe-5 Little Compton Police Department Town ofLittle Compton, Rhode Island 60 Simmons Road Office of the Police Chief MEMORANDUM Date: To: From: Subject: February 4, 2022 The Honorable Town Council Chief Scott N. Raynes Monthly ReportforJanuary 2022 January 2022 Patrol Activity Totals Calls responded to Formal Complaints received Complaints closed this month Complaints closed (previous month) Motor vehicle citations issued Motor vehicle warning issued Criminal Arrest Violation ofTown Ordinances Accident investigated Burglar alarms Reported deaths Total Gallons of gasoline used Mileage Breaking & Entering Larceny Value of Stolen Property 710 28 3 4 8 39 7 5 6 14 1 451.7 6,078 0 0 0 Little Compton Police Department Town of Little Compton, Rhode Island 60 Simmons Road Office of the Police Chief MEMORANDUM January 2022 Police Overtime Hours Totals: 128 0 51 0 0 0 4 0 0 0 0 20 0 Sick Leave: replacement Personal leave replacement Vacation replacement Training replacement Court Town Detail Private Detail Patrol Supplement Comp-time replacement Injured on duty replacement DARE Military leave replacement Investigation January 2022 Dispatch Overtime Hours Totals: 24 8 32 0 24 0 48 Sick leave replacement Personal leave replacement Vacation replacement Training replacement Holiday replacement Comp-time replacement Weekend replacement Little Compton Police Department Town of Little Compton, Rhode Island 60 Simmons Road Office of the Police Chief MEMORANDUM January 2022 Part-time Dispatch Hours Totals: 16 0 0 0 8 0 0 Weekend replacement Vacation replacement Sick leave replacement Personal day Holiday replacement Training replacement Comp-time replacement January 2022 Town fuel log Gasoline #11 Unused #21 Fire department # Unused #41 Maintenance #5] Highway Department 2,531.0 # 6 Senior Bus #71 Beach Commission #8 Police Department December 76,010.0 26,270.0 4,223.5 37,959.1 5,083.3 1,410.1 1,667.5 January 76,010.0 26,397.4 4,223.5 38,418.1 2,531.0 5,083.3 1,410.1 2,119.2 Total 0 127.4 0.0 459.0 0.0 0.0 0.0 451.7 Total Gasoline: 1,038.1 Little Compton Police Department Town of Little Compton, Rhode Island 60 Simmons Road Office of the Police Chief MEMORANDUM Diesel December 39,713.4 11,043.7 5,279.1 3,559.2 362.8 January 39,953.6 11,043.7 5,279.1 3,646.4 362.8 Total 240.2 0.0 0.0 87.2 0.0 #1Fire] Department #21 Unused #31 Highway Department # 4 Maintenance Department #5 Old Senior bus Total Diesel: 327.4 Respectfully, gladuk John Faria Lieutenant D4R-4 Town ofLittle Compton OFFICE OF THETAX, ASSESSOR Post Office Box 226 Little Compton, Rhode Island 02837 (401)635-4509 February 4, 2022 To: Town Administrator Antonio A. Teixeira From: Denise M. Cosgrove, RICA Tax Assessor Re: DEPARTMENT HEAD REPORT The month of January 2022 Finalized the appeals for tax assessment relief for 2021, net loss revenue $ -8,119.07. Submitted to C.A.I. technologies al list of concerns with the interface of the digitized maps Received, processed and recorded the farm plans which complied with the state's DEM Completed the year end visits for many properties under construction, reevaluated and Continued the receipt of Personal property returns addressing questions and concerns daily, gratning extensions to March 15th where necessary. Continually updating deeds and all property records where needed. Co-ordinated the closure of the Statistical Revaluation with Vision (V.G.S.I) now reviewing reports and clarifying data for notices to be sent with value changes soon. after extensive review. Editing underway for completion this month. Participated in RIAAO meeting: Legislative concerns visited. requirements due date January 31. recorded accordingly. Respectfully submitted, uudh Gyme Denise M. Cosgrove, RICA Tax Assessor DHR-7 Onun nf Tittle (ompton Opuun Hall 3.0. Mox 226 Gittle (ompton, R3 02837 To: From: Date: Subject: Honorable Town Council Antonio A. Teixeira ph Town Administrator February 10, 2022 January Monthly Report Town Budget-Imet with all departments and Town Council President to review the budget. Finance Director DeSantis has inserted the Health, Payroll Taxes, and Life Insurance and will do the Pension numbers next. The budget binders will be available Monday, February 14 in the COVID-19 Testing Kits-The Fire Department with assistance of the Police and volunteers has distributed approximately 2,160 kits to OUR residents on two different dates. Virtual Metering - John McNamee and Ihave reconnected with the RI Office of Energy, Chris Kearns to write an RFP for a consultant to assist us to initiate the process to reduce the electric Part-time Clerk-7 Town Clerk Wordell and Ihave screened and interviewed the candidates for the Part-time clerk position for the Planning and Zoning Boards. Ar recommendation isj in your RIDOT- Town Council President, DPW Director and I did a ZOOM meeting with DOT Director Alviti to review current projects on the State Transportation Improvement Program (STIP). He informed us that Little Compton projects have been accelerated due to additional Federal Funds. He anticipates that the Commons and South of the Commons will be done within a Project Manager - The RFP for the Projector Manager is being advertised and responses are Financing and Refinancing -We have engaged Sandra Mack and Steve Maceroni to assist us follow up with the authorized borrowing and refinance of the School Bond. Sandra and Steve bring a great level of expertise that will expedite the process for us to achieve that objective. Councilors mailboxes. bills as phase I. packet for your consideration. year's time, possibly this Summer/late Fall. due Thursday, February 24, 2022. 1Page Virtual meetings - we are back to attending various meeting virtually; Rhode Island League of Cities and Towns, Municipal Leaders/Goyernors updates and other town meetings. Municipal Resiliency Projects (MRP): = RI Infrascture Bank has engaged FUSS & O'Neil Engineering group to assist municipalities to navigate the process to bring the projects to fruition. We are awaiting for Fuss & O'Neil to contact us. Wilbour Woods - the committee has restarted their meetings. Storm Reimbursements - Each municipality was asked to compile their expenses related to the storm for RIEMA to calculate if we are eligible as a State for reimbursement. Chief Petrin, as the EMA Director will file on our behalf once he gets our calculations from Police, DPW and Fire. 2/Page OB-1 RECEIVED FEB 0 3-2022 South Fork Powered.by (978) 447-2864 www.southforkwind.com Orsted & Eversource Wincl January 27,2022 Via Email, followed by Certified Mail Subject: South Fork Wind MOA Nofification of Proposed Project Modification - Onshore Temporary Construction Workspaces with No Adverse Effects tol Historic Properties Dear Signatories, Invited Signatories and Consulting Parties, Thisl letter describes a proposed project modification for the South Fork Wind Project (the Project) and BOEM's determination that nol historic properties willl be affected by this modification. Signatories, invited signatories, and consulting parties have 30 calendar days tor review and comment ont this nofification and associated documentation, consistent with the process identified for project modificationsl in Stipulation V.A.1 oft the Memorandum of Agreement Among the Bureau of Ocean and Energy Management (BOEM), the Massachusetts State Historic Preservation Officer, the Rhode Island State Historic Preservation Officer and the New York. State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding the South Fork Wind Farm and South Fork Export Cable Project, executed SFW proposes an onshore project modification fori the SFEC-Onshore, specifically to use additional temporary construction workspaces (25- to 50-feet-wide) adjacent to the Long Island Rail Road right-of-way (LIRR ROW), totaling 3.4 acres. The New York Public Service Commission (NYSPSC) has evaluated the portions of the South Fork Export Cable within New York State and approved the SFW Environmental Management & Construction Plan (EM&CP) on November 22, 2021.1 The NYSPSC approved an EM&CP Amendment Request fort the use The process for signatories, invited signatories, and consulting parties' review of project modifications is described in Section' V oft the MOA (enclosed as Attachment A). The temporary construction workspaces are not within the original APEI identified fort the Project, and as such, SFW notified BOEM of this proposed change and provided BOEM with information concerningi the proposed modifications and associated evaluation. As further describedi below, Phase 1B: surveys were conducted and no archaeological resources were identified. The New York State Office of Parks, Recreation and Historic Preservation Office (NYSHPO) reviewed the Phase 1B Report for the temporary construction workspaces andi indicated that that no additional archaeological worki is necessary for the LIRR off-ROW Temporary Workspaces. BOEM has determined thatr nol historic properties will be affected by the use of these temporary construction workspaces and therefore this modification does not require alteration of the conclusions reached ini the Finding of Adverse Effect for the South Fork Wind Farm and South Fork Export Cable Construction and Operations November 23, 2021 (the MOA). of these temporary construction workspaces on January: 21, 2022. Plan dated August 2021 (the Finding of Effect). Summary of Onshore Project Modification The SFEC-Onshore isr routed within the LIRRI ROW for approximately 2.0r miles. During detailed project design, SFW identified: specific areas that could be used for temporary construction workspaces along the LIRR tol limit impacts to LIRR facilities and operations andi toi increase efficiency ofi installation. SFW proposes to use temporary construction workspaces! in 25- to 50- foot-wide areas adjacent to the LIRR ROW, totaling 3.4 acres (depicted in Attachment B). No SFW Section 106F Project Modificafion-Onshore Temporary Construction Workspaces January: 27, 2022 permanenti infrastructure willl be installed int thet temporary workspaces. Once constructionis completed, thet temporary construction workspaces willl be restored andr revegetated. Because these areas were not within the LIRR ROW, they were noti included in the original cultural evaluations conducted for the Project and provided to BOEM. These evaluations SFW conducted archaeological investigations (ie., Phase IB: shovel tests) in undisturbed portions of the temporary construction workspaces in December 2021 and no archaeological The NYSHPO reviewed the Phase 1B Report for the temporary construction workspaces and indicated that "that no additional archaeological worki is necessary for the LIRR off-ROW Inc conclusion, while the proposed use of temporary construction workspaces are outside the APE originally identified fori the Project, BOEM determined that this project modification will result innol historic properties affected based on the results of the archaeologica surveys South Fork conducted and the documentation: submitted to support this determination. The MOA includes as stipulation related to Post-Review Discoveries, which are applicable for use of these workspaces in the event historic properties are identified at al later stage. Consistent with the MOA, we ask that your please submit any written comments on this proposed onshore project modification" within the 30 calendar day comment period via Summary of Cultural Evaluation have now been completed and are summarized below. resources were identified (enclosed as Attachment C). Temporary Workspaces" (enclosed as Attachment D). email to asdplcutsace Sincerely, Brennan guline Brennan Guldner Commercial Manager, South Fork Wind Cc (viaemail): Enclosures: Sarah Stokely, BOEM Rob Mastria, Orsted Rob Soden, Orsted A-SFW Section 106 MOA Stipulation' V B-F Project Location Figure Construction Workspace D-NYSHPO Concurrence Letter C-P Phase 1B Archaeological. Survey Report for Temporary South Fork Poweredb by Orsted& Eversource Wincl SFWS Section 106 Project Modification- Onshore Temporary Construction Workspaces January: 27, 2022 Attachment A. SFW MOA Section' V Stipulations Section V of the Stipulations of the SFW Section 106 MOA describe the process for project A. IFSFW proposes any modifications to the Project that expands the Project beyond the Project Design Envelope includedi in the COP and/or occurs outside the defined APE ori the proposed modifications change the final determinations and findings fori this Project, SFW shallr notify and provide BOEM withi information concerning the proposed modifications. BOEMI will determine ift these modificationsl require alteration of the conclusions reachedi in the Finding of Effect and, thus, will require additional consultation with the signatories, invited signatories and consulting parties. If BOEM determines additional consultation is required, SFW will provide the signatories, invited signatories and consulting parties with thei information conceming the proposed changes, and they willl have 30 calendar days from receipt of this information to comment on the proposed changes. BOEMS shalli takei into account any comments from signatories, invited signatories, and consulting parties prior to approving any proposed changes. Using the procedure below, BOEM will, as necessary, consult with the signatories, invited: signatories, and consulting parties toi identify ande evaluate historic properties in any newly affected areas, assess the effects of the modification, and resolve 1.If the Project is modified and BOEM identifies no additional historic properties or determines that nol historic properties are adversely affected due toi the modification, SFW will notify all the signatories, invited: signatories, and consulting parties about this proposed change and BOEM's determination, and allow the signatories, invited signatories, and consulting parties 30 calendar days tor review and comment. This MOA willr not need tol be amendedifr no additional historic properties are identified and/or adversely affected. 2.IFBOEM determines new adverse effects to historic properties will occur due to a Project modification, SFW willr notify and consult withi the relevant signatories, invited: signatories, and consulting parties regarding BOEM's finding andi the resolution of the adverse effect and develop ar new HPTP following the consultation process set forthi in Stipulation IV. They willh have 30 calendar days to review and comment oni the adverse effect finding andi the proposedr resolution of adverse effects, including a draft HPTP. BOEM, with the assistance of SFW, will conduct additional consultation meetings, if necessary, during drafting and finalization of the HPTP. The MOA will not need to be amended after the HPTP is finalized. 3.If any of the signatories, invited signatories, or consulting parties object to determinations, findings, or resolutions made pursuant toi these measures (Stipulation) V.A.1 and 2), BOEM will resolve any such objections pursuant to the dispute resolution process set forthi in Stipulation modifications, provided below for reference: V.PROJECTI MODIFICATIONS any adverse effects. XI. South Fork Poweredb by Orsted& Eversource Wincl SFW Section 106F Project Modification- Onshore Temporary' Construction Workspaces January 25, 2022 Attachment C. Phase 1B Archdeological Survey Report for Temporary Construction Workspace Provided electronically and Hard copy available uponrequest. South Fork Powered by Orsted& Eversource Wind SFW Section 106F Project Modification- Onshore Temporary' Construction Workspaces January 27, 2022 Attachment D. NYSHPO Concurrence Letter South Fork Powered by Orsted& Eversource Wincl NEWYORK Parks, Recreation, STATEOF OPPORTUNITY. andHistonitcPreservation KATHY HOCHUL Governor ERIKI KULLESEID Commissioner December 23, 2021 Jasmine Matley Utility Analyst Environmental) New York State Department of Public Service 3 Empire State Plaza Albany, NY 12223 Re: DPS South Fork Wind Farm/Deepwater Wind LLC/90MWWIExpOrt Cable/18-T-0604 East Hampton, Suffolk County, NY 17PR01624 Dear Jasmine Matley: Thank you for requesting the comments of the Division for Historic Preservation oft the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the submitted materials in accordance with the New York State Historic Preservation Act of 1980 (Section 14.09 of the New York Parks, Recreation and Historic Preservation Law). These comments are those oft the Division for Historic Preservation and relate only to Historic/Cultural resources. We have reviewed the "Phase IB Archaeologica Survey, South Fork' Wind Export Cable: LIRR off-ROW Temporary' Workspaces, Town of East Hampton, Suffolk County," submitted under cover letter dated December 22, 2021. No archaeological resources were identified, and iti is OPRHP's opinion that no additional archaeological work is necessary for the LIRR off-ROW Iffurther correspondence is required regarding this project, please refer to the OPRHP Project Review (PR) number noted above. Ifyoul have any questions, please contact me via email. Temporary' Workspaces. Sincerely, 21 Tim Lloyd, Ph.D. Scientist- Archaeology timolyloy@parsnygor via e-mail only New York State Office of Parks, Recreation and Historic Preservation Division for Historic Preservation, Peebles Island, POI Box" 189, Waterford, New York 12188-0189 (518): 2798-PPaAAe 03-1 RECEIVED FEB 0 32 2022 South Fork Powered by (978) 447-2864 www.ouforwnd.com Orsted & Eversource Wingl January 27, 2022 Via Email, followed by Certified Mail Subject: South Fork MOA Final Post-review Discovery Plans Dear Signatories, Invited Signatories and Consulting Parties, lwrite regarding processes identified if the Memorandum of Agreement. Among the Bureau of Ocean and Energy Management (BOEM), the Massachusetts. State Historic Preservation Officer, the Rhode Island State Historic Preservation Officer and the New York State Historic Preservation Officer, andi the Advisory Council on Historic Preservation Regarding the South Fork Wind Farm and South Fork Export Cable Project, executed November 23, 2021 (the In December, 2021 SFW distributed the drafts of two post-review discovery plans to the signatories, invited signatories, and consulting parties of the MOA for comment: 1) Plans and Procedures Addressing Unanticipated Discoveries of Cultural Resources and Human Remains - In Support of the South Fork Wind Construction and Operations Plani forl Lease. Area OCS-A 0517; and 2) Unanticipated Discovery Protocol: Terrestrial, Archaeologica Resources, South Fork Wind/South Fork Export Cable, Suffolk County, NY. These two plans cover, offshore and onshore respectively, the procedures to bei implemented if properties are discovered that may bel historically significant or unanficipated effects on! historic properties found. South Fork considered all comments received from signatories, invited signatories, and consulting parties, and then provided revised plans to BOEM for its review and acceptance. BOEMI has accepted these final post-review discovery plans andi they are hereby enclosed MOA). pursuant to the requirements of Section IX.A.3. of the MOA. Sincerely, Baennan guline Brennan Guldner Cc (viaemail): Enclosures: Commercial Manager, South Fork Wind Sarah Stokely, BOEM Rob Mastria, Orsted Rob Soden, Orsted A-F Plans and Procedures Addressing Unanticipated Discoveries of Cultural Resources and Human Remains - In. Support of the South Fork Wind Construction and Operations Plani for Lease Area OCS-A0517 B - Unanticipated Discovery Protocol: Terrestrial Archaeological Resources, SouthFork Wind/SouthFork! Export Cable, Suffolk County,NY South Fork Powered by (978) 447-2864 www.ouhtorwind.com Orsted & Eversource Wincl South Fork Powered by Orsted& Eversource Windl St W GRAYS'PAPE HERITAGE MANAGEMENT PLANS AND PROCEDURES ADDRESSING UNANTICIPATED DISCOVERIES OF CULTURAL RESOURCES AND HUMAN REMAINS In Support of the South Fork Wind Construction and Operations Plan for Lease Area OCS-A0517 Prepared by: Gray & Pape 60 Valley Street Suite #103 Providence, Rhode Island 02909 Klk M.DE KimberlyM. Smith, M.A., RPA Senior Principal Investigator January 26, 2022 TABLE OF CONTENTS 1.0 INTRODUCTION. 2.OTRAINING AND ORIENTATION. 4.0 NOTIFICATION LIST. 3.0 PROCEDURES WHEN CULTURAL MATERIALS ARE OBSERVED.. 6 8 5.0 COMMUNICATIONS AND NOTIFICATIONS PLAN FOR UNANTICIPATED DISCOVERIES. 1.0 INTRODUCTION The Lessee (South Fork Wind) will conduct activities within New York state waters and federal waters in accordance with the following Unanticipated Discoveries Plan (UDP). This UDP has been developed in conformance with the New York State Office of Parks, Recreation, and Historic Preservation (NYS OPRHP)/State Historic Preservation Office (SHPO) guidelines on Unanticipated Discovery within state waters, and with the Bureau of Ocean Energy Management's Guidelines for Providing Geological and Geophysical, Hazards, and Archaeologica Information Pursuant to 30 CFR Part 285, Section IV.B, This plan has been written to assist South Fork Wind in its compliance with the National Historic Preservation Act of 1966, as amended; Native American Graves Protection and Repatriation Act (NAGPRA); Lease OCS-A0517 Lease Stipulations; and laws of the State of New' York pertinent to discoveries of unmarked burials. This provides pertinent protocols fori the Lessee tot followi in the event that an unanticipated discovery of historic properties South Fork Wind agrees that no authorized activities will be carried out in a manner that could adversely affect sites, structures, or objects of historical, cultural, or archaeological significance, withiout notice to and direction from the NYS OPRHP on how to proceed Inr no case may South Fork Wind knowingly impact a potential archaeologica. resource Inc accordance with the terms of the Memorandum of Agreement executed for the Project, South Fork Wind circulated a draft version of this Plan for review and comment by the consulting parties. This revised Plan incorporates changes requested by the "Unanticipated Discoveries (Chance Finds)" within federal waters. or human remains is made during construction and operations. within state waters and BOEM within federal waters. without the NYS OPRHP's or BOEM's prior approval. Delaware Indian Tribe. 1 2.0 TRAINING AND ORIENTATION South Fork Wind shall designate a person to serve as their Onboard Representative on each vessel during botfom-disturbing activities in relation to this UDP. South Fork Wind, in coordination with a Qualified Marine Archaeologist, shall ensure that its Onboard Representative has sufficient training and resources to identify bone and man-made materials such as anchors, ship timbers, potsherds, or projectile points. South Fork shall also ensure a Qualified Marine Archaeologist (QMA) is available to remotely support the Onboard Representative and conduct any necessary assessments, as described below. The designated Onboard Representative will be responsible for advising all Project employees and construction contractor personnel on the procedures to follow in the event an unanticipated discovery is made, and will be responsible for contacting the QMA/Project Archaeologist as indicated in the notifications procedures (Section 5). Training by the QMA/Project Archaeologist will occur as part of the pre-construction activities for all Project personnel aboard. The procedures and notifications described below are also summarized in the attached flow chart. The Onboard Representative will 1. Stop work immediately if they observe any indications of the presence of cultural advise all operators to: materials, animal bone, or possibly human bone. 2. Contact the Onboard Representative as soon as possible. 3. Comply with unanticipated discovery procedures. 4. Treat human remains with dignity and respect. 2 3.0 PROCEDURES WHEN CULTURAL MATERIALS ARE OBSERVED Ift the Lessee, while conducting bottom-disturbing activities in support of the project following review and clearance of the project areas by a QMA under 4.2.4 of the Lease Terms, Conditions, and Stipulations, discovers an unanticipated potential archaeologica. resource, such as the presence of a shipwreck (e.g., a sonari image or visual confirmation ofaniron, sfeel, or wooden! hull, articulated wooden timbers consistent with ship decking orf framing, anchors, concentrations of historic objects, piles of ballast rock) or evidence of a pre-contact archaeologica. site (e.g. stone tools, pottery or other pre-contact 1. Once dn unanticipated discovery is made, ground disturbing work in that immediate vicinity should be stopped as soon as possible, in accordance with all safety protocols, in order to prevent any further disturbance or damage to the a. Ifi immediate cessation of bottom disturbing activities is not possible due to safety considerations for the crew, vessel, or clear and immediate environmental risks, seafloor disturbing activities will cease as soon as it is safe to do: SO and the Onboard Representative shall document the circumstances 2. Notify the Lessor (BOEM) within 24 hours of discovery. If the discovery is made 3. Notify the Lessor (BOEM) in writing via report to the Lessor within 72 hours of its discovery. If the discovery is in state waters NYS OPRHP will be notified in writing; 4. Keep the location of the discovery confidential and take no action that may adversely affect the archaeological resource until the Lessor has made an evaluation andi instructs the applicant on how to proceed; and 5. Conduct any additional investigations as directed by the Lessor to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802D).Thelessor (BOEM) will doi thisi if: (1) the sitel has been impacted by the Lessee's project activities; or (2) impacts to the site or to the area of potential effect cannot be avoided. If investigations indicate that the resource is potentially eligible for listing in the National Register of Historic Places, the Lessor willt tell the Lessee how to protect the resource or how to mitigate adverse effects to the site. If the Lessor incurs costs in protecting the resource, under Section 110(g) of the National Historic Preservation Act, the Lessor.may charge the Lessee reasonable costs for carrying out preservation responsiblilities under the OCS artifacts) within the project area!, the Lessee must: resource. requiring post-discovery operations; withinstate waters the notification must include NYS OPRHP; Lands Act (30 CFR 585.802(c-d)). Inc order to comply with the stipulations outlined above, if bone or man-made materials (e.g., artifacts, anchors, ship timbers, potsherds, projectile points) are observed during operations, ealoor/poliom.dstubing activities shall stop as soon as safely able to doso 'Training & Orientation for vessel crew will cover steps for discriminating common, modern debris (e.g. lobster traps) from potential elements of historic vessels. 3 within the area of the discovery. South Fork Wind's Onboard Representative will immediately notify South Fork Wind and the Project Archaeologist to review the information, regardless of whether in state or federal waters. This notification: shall include information on the location and any discernable characteristics of the potential cultural resource (the target), and any survey data depicting the find. If any human remains or potential human remains are removed from the water, the Onboard Representative will offer tobacco and respectfully wrap such remains in natural material and place the remains into an adequately sized container full of seawater from the area. The remains should be fully submerged within this container. This container should be sedledwithalid and marked with UTM coordinates of the recovery location. This method will prevent rapid degradation from drying or exposure. All such remains will be secured and protected pending completion oft the notification and consultation procedures describe If, based upon the available information, the Project Archaeologist determines that the site, feature, or target is not potentially cultural, the Project Archaeologist will notify South Fork Wind that work may resume. Such notification will be made within 24-hours, if feasible. The Project Archaeologist will also notify BOEM of this determination if the discovery is made within federal waters. The Project Archaeologist will notify BOEM and NYS OPRHP if the discovery is made within NYS waters. The Project Archaeologist will submit a written memo with the available information describing the find and the conclusion to BOEM and NYS OPRHP (if appropriate) within 72 hours of discovery and If the Project Archaeologist determines that the: site, feature, ort target mayk be associated with a significant historic resource, the Project Archaeologist will notify South Fork Wind, who will inform their Onboard Representative that work cannot resume at the given location until notification is provided by South Fork Wind. South Fork Wind will notify the BOEMwithin 241 hours ofs such discoveries. Ift the discoveryismade within NYS waters, South South Fork Wind's onboard representative will provide sufficient information (e.g., sonar or video imagery, bathymetry data) to the Project Archaeologist to support a visual inspection of theunanticipated discovery to determine if the sitei is potentially eligible for listing in the National Register of Historic Places. South Fork Wind will submit the results of the unanticipated discovery review to BOEM, NYS OPRHP, and the Advisory Council (if below. forward concurrence from BOEM to South Fork. Fork Wind will also notify NYS OPRHP. applicable) fori final review and comment. In the event that the Project Archaeologist recommends a discovery as potentially significant and determines that the resource is threatened by continued project work, South Fork' Wind will avoid and protect the resource. Notifications will follow the protocols outlined in Sections 4 and 5, including coordination with BOEM, NYS OPRHP, and the appropriate Tribal Historic Preservation Officers (THPO) or other designated tribal representatives. NYS OPRHP and BOEMwill provide guidance ony when to contact THPOS. South Fork' Wind and BOEM, in consultation with the NYS OPRHP and THPOS, as necessary, will discuss options and develop a Site-Specific Treatment Plan for the avoidance or 4 removal of unanticipated significant discoveries in accordance with the OCS-A 0517 Lease Stipulations. Ini the event that human remains are identified, procedures will adhere to NYS OPRHP's Human Remains Discovery Protocol. Itis critical that offshore personnel are aware that humanremdins represent a potential crime scene until they are determined tol be historic Ifs suspected human remains are located within the waters of the State of New York, 1. At all times human remains must be treated with the utmost dignity and respect. Should human remains be encountered work int the general area oft the discovery will: stopi immediately and the location will be immediately. secured and protected from damage and disturbance. 2. Human remains or associated artifacts will be left in place and not disturbed. No skeletal remains or materials associated with the remains will be collected or removed until appropriate 3. The county coroner and local law enforcement as well as the SHPO and the involved agency will be notified immediately. The coroner and local law enforcement will make the official ruling on the nature of the remains, being either forensic or archeological If the remains are archeological in nature, a bioarchaeologist will confirm the identification as human. 4. Ifhuman remains are determined to be Native American; the remains will be left in place and protected from further disturbance until a plan for their protection or removal can be generated. The involved agency will consult SHPO and appropriate Native American groups to determine a plan of action that is consistent with the Native American Graves Protection Ifhuman remains are determined to be Euro-American, the remains will be left in place and protected from further disturbance until a plan for their avoidance or removal can be generated. Consultation with the SHPO and other appropriate parties will be required to inn nature. the following procedures should be followed: consultation has taken place and a plan of action has been developed. and Repatriation. Act (NAGPRA) guidance. determine a plan of action. 5 4.0 NOTIFICATION LIST South Fork Wind Melanie Gearon Project Manager 56, Exchange Terrace, Suite 300 Providence, Rhode Island 02903 857-348-3261 Project Director Kimberly Smith, M.A., RPA Gray & Pape Heritage Management 60 Valley St., Suite 103 Providence, RI 02909 717-515-8994 smtn@graypape.com ProjectA Archaeologist Amanda Evans, Ph.D., RPA Gray & Pape Heritage Management 110 Avondale St. Houston, TX 77006 850-445-5794 (mobile) 713-541-0479 evansegraypapecom BOEM Sarah Stokely Attn: Historic Preservation Program Archaeology 518-237-8643 Shinnecock Indian Nation Bryan Polite Chair of Tribal Trustees P.O. Box 5006 Southampton, NY 11969 631-283-6143 panpolrcesrannecackog and Jeremy Dennis, Junior THPO P.O. Box 2338 Southampton, NY1 11968 eremynative@gmal.com Mashpee WampanoagTribe David Weeden Tribal Historic Preservation Officer 483 Great Neck Road, South, Mashpee, MA 02649 774-327-0068 Davd.Weeden@mwtribe-nsn.gov Wampanoag Tribe of Gay Head (Aquinnah) Bettina Washington Tribal Historic Preservation Officer 20 Black Brook Road Aquinnah, MA02535-1546 508-560-9014 npo@wampanoagtrpe-nsn.gov Mashantucket Pequot Tribal Nation Michael Kicking Bear Johnson Deputy Tribal Historic Preservation Officer 110 Pequot Trail Mashantucket, CT 06338 860-501-7988 mepnnsonempin-nngow (631) 566-0486 Bureau of Ocean Energy Management Office of Renewable Energy Programs 45600 Woodland Road (VAM-OREP) Sterling, VA 20166 703-787-1085 aranstokey0poemgox Preservation New York State Parks, Recreation & Historic Division for Historic Preservation New York State Parks, Recreation & Historic Preservation Peebles Island State Park, P.O. Box 189 Waterford, NY 12188-0189 6 POI Box 463 Charlestown, RI 02813 401-491-9459 lashtesook@ao.com Mohegan Tribe of Indians in Connecticut Tribal Historic Preservation Officer 1Church Lane (Parking address) (35.68 mi) Uncasville, CT, CTC 06382 860-862-6893 qumnemohsganmalcon Narragansett Indian Tribe John Brown, III Tribal Historic Preservation Officer James Quinn Suffolk County Medical Examiner 725 Veterans Hwy Ste 487 Hauppauge, New' York 11788 631-853-5555 7 5.0 COMMUNICATIONS AND NOTIFICATIONS PLAN FOR UNANTICIPATED DISCOVERIES Unanticipated discovery is made on the vessel. Vessel POC Onboard Client Representative Notification of discovery, details provided Ifmodern, notification to resume operations Ifhistorical, continue UDP Gray & Pape Project Director, Kim Smith and Project Archaeologist, Amanda Evans NYS OPRHP BOEM South Fork Wind Ifthe discovery is historical, the PD/PA must notify all appropriate parties (e.g. BOEM, NYS OPRHP) within 241 hrs. The Vessel POC may notify South Fork Wind of the discovery, but the PD/PA will notify South Fork Wind as to whether the discovery is modern (and work can resume) ori if further reporting and coordination ofal historical resource will occur. Additional notifications may be required (e.g. THPOS, SHPOs) but will be done byt the PD/PA. 8 EDR UNANTICIPATED DISCOVERY PROTOCOL: TERRESTRIAL ARCHAOELOGICAL RESOURCES SOUTH FORK WIND/SOUTH FORK EXPORT CABLE, SUFFOLK COUNTY, NY January 2022 Introduction South Fork Wind (the Lessee, or SFW) has proposed to construct the South Fork Export Cable (SFEC) (the Facility), part of the larger South Fork Wind Farm (SFWF) Project, in the Town of East Hampton, Suffolk County, New York. The proposed Project is being reviewed by the Bureau of Ocean Energy Management (BOEM) under the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act, as well as thel New' York State Public Service Commission (NYSPSC) under. Article' VII oft the New York Statel Public Service Law (PSL). Thei information and recommendations included in this report are intended to assist these agencies, as well as thel New' York Statel Historic Preservation Office (NYSHPO), New YorkS Statel Department of Public Service (NYSDPS), and otheri interested stakeholders and consulting parties, Thel Lessee is proposing to construct, operate, and maintain the SFEC, an electrical energy export cable, to connect the proposed SFWF, an offshore wind energy facility, with the existing Long Island Power Authority (LIPA) transmission system ini the Town of East Hampton. The SFWF and the portion of the SFECI located in federal waters are subject to review and approval by BOEM as required by 30 Code of Federal Regulations (CFR) Part 585. The terrestrial portion of the! SFEC SFEC-Onshore), the new onshore substation proposed toi interconnect with the existing LIPA transmission system (SFEC-Onshore Substation), and the submarine cable from a point three nautical miles off the coast (New York State territorial waters boundary) to the point of landfall are subject to review by BOEM and the NYSPSC under Article" VII of the PSL and to the During the Lessee's outreach with Tribal representatives, stakeholders indicated their strong preference for archaeological investigations to be conducted prior to construction, as opposed to relying on archaeological monitoring. to identify, evaluate, and respond to the potential presence of archaeological sites within the area of potential effect (APE). Therefore, the Applicant retained EDR to complete Phase IA and IB terrestrial archaeological surveys of the onshore portions of the APE for physical effects (i.e., construction activities and/or ground disturbance) for the proposed Facility (EDR 2020a, 2020b). The purpose of the Phase I terrestrial archaeological surveys was to determine whether there are terrestrial archaeological sites ini the areas that may be affected by construction oft the proposed Facility. Thel Phasel la archaeological survey fort the Facility (EDR, 2020a) included archival research and archaeological fieldwork. Background research was conducted to review the geology and environmental setting, previously reported archaeological sites and archaeological surveys, regional histories, and historic maps oft the APE in their review oft the Project's potential effect on archaeological resources. requirements of 16 New York Codes, Rules, and Regulations (NYCRR)585. EDR 217 Montgomery! Street, Suite 1100, Syracuse, New York 132023 315.471.0688 www.edrdpc.com South Fork Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial Archaeological Resources and adjacent areas. These sources were reviewed to prepare historic contexts for the pre-contact and post- contact historic periods and assess the archaeological sensitivity of the APE for direct effects. In addition, reconnaisance-leve! surveys were conducted by archaeologists to evaluate existing conditions and prior ground disturbance as part of assessing the potential for archaeological resources to be present within the APE. Shovel testing and systematic pedestrian surveys of the sea-to-shore transition corridor andi the SFEC- Interconnection Facility sitev were conducted. Pedestrian surveys were conducted alongt the pavement oft the public road ROWS of the SFEC-Onshore and along the LIRR ROW portion of the SFEC-Onshore. A supplemental Phase IB archaeological survey was conducted for the Beach Lane-Route A (preferred alternative for the SFEC (EDR, 2020b). Based oni the results oft this Phaselarchaeological. surveys (EDR202a, 2020b), no potentially significant archaeological resources have been identified within the APE for the South Fork Wind's proposed siting of the SFEC-Onshore underneath existing paved roadways minimizes the likelihood that undisturbed and/or potentially significant archaeological resources are located within the APE. Portions of the APE are located in active, public roadways and the overlying pavement will be removed as part of proposed construction activities. Removing the pavement to conduct archaeological testing prior to construction is not feasible, given the expenses and logistical arrangements that would be required (e.g. the need for re-routing traffic and potentially emergency vehicles). Therefore, the most effective way to evaluate the likelihood for archaeological sites to be located under paved roadways within the APEist to conduct archaeological testing within the grassy/unpaved portions of ther road ROWS adjacent The purpose of the Beach Lane-Route Al Phase IB survey (EDR, 2020b) was to further evaluate the potential fors sites to be located within the APE and minimize the risk of unanticipated discoveries or disturbance to archaeological resources during construction. No pre-contact Native. American artifacts or archaeological features werei identified during Phasel IB archaeological testing. The results ofs shovel testing alongr roadside areas did identify undisturbed soils/subsoil that likely extend underneath paved roadways. Therefore, iti is possible that isolated artifacts or small isolated features could be present in undisturbed soils along the path oft the SFEC-Onshore. However, the absence of any pre-contact cultural material identified during the Phase IB archaeological survey indicates that no substantial sites (i.e., Vilages/settlements, lithicv workshops, middens, etc.) are located within the APE ands suggests that the potential fori isolated artifacts ori features to These findings, when considered together with the results and recommendations presented in the prior Phase lArchaeologica Survey Report (EDR, 2020a) indicate that the Facility will have no effect on significant archaeological resources. The Phase IB survey did not result in the identification of any potentially significant archaeological resources. The results oft the Phase IB: surveyi indicatet that the potential fori isolated artifacts or features to be present underneath existing paved roadways is relatively minimal. To further mitigate the potential (however unlikely) for encountering archaeological resources during installation of the SFEC-Onshore, the Lessee has prepared this Unanticipated Discovery Protocol, which includes stop-work and notification procedures to be followed ifa a cultural resource is encountered during preferred alternative for the SFEC. tot the pavement (EDR, 2020a:75). bep present underneath existing paved roadways is relatively minimal. Page2 South Fork Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial Archaeological Resources installation. Per the terms of the Memorandum of Agreement executed for the Project, South Fork Wind circulated a draft version of the Unanticipated Discovery Protocol to the consulting parties. This revised Protocol incorporates changes recommended by the Delaware Tribe of Indians. The Protocol outlines the steps for dealing with potential unanticipated discoveries of cultural resources, including human remains, during the construction of the proposed Facility. The Protocol: 1. Presents to regulatory and review agencies the protocol the Lessee and its contractors and consultants will follow to prepare for and potentially respond to unanticipated cultural resource 2. Provides guidance and instruction to South Fork Wind, LLC personnel and its contractors and consultants as to the proper procedures to be followed in the event of an unanticipated cultural (ie., terrestrial archaeological) discoveries;and resource (i.e., terrestrial archaeological) discovery. Thei following terms are used throughout the Protocol: The Facility: The Facility collectively refers to all components of the onshore portions oft the! SFEC. Unanticipated Discovely/Unantcpated Cultural Resource Discovery: Any indications of the presence of archaeological materials including historic-period or pre-contact Native American artifacts, stone features, animal bone, and/or human remains. Common historic-period artifacts encountered mayi include bottles/glass, pottery/ceramics, stone foundations, hand-dug wells, brick, nails, miscellaneous metali fragments, or charcoal or ash-stained: soils. Common pre-contact Native American artifacts encountered may include arowhead/pearneas; stone (chert or "flint") chips or flakes, charcoal or ash-stained soils, rough gray, black, or brown pottery, and other stone Potential Human Remains: Anyi indications of potential human remains, such as bones or bone Area of Potential Effects (APE): All areas of potential soil disturbance associated with the Compliance Manager: The Lessee's designated on-site staff person responsible for monitoring compliance with permitting conditions and commitments during construction. Archaeologist: The Lessee's cultural resources consultant. Review of any potential unanticipated discoveries will be conducted under the supervision of a Registered Professional Archaeologist tools/artifacts of obvious human origin. fragments, that cannot definitely be determined to be non-human. construction and operation of the proposed Facility. (RPA). Page3 South Fork Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial Archaeological Resources 1.0 Training and Orientation 1.1 Thel Lessee will, in coordination with the archaeologist, provide a summary presentation to the General Construction Manager and construction contractor personnel (hereafter, Construction Personnel) of the relevant results/indings of the Phase IB archaeological survey. Instruction will alsol bey provided as tot the general cultural history oft the Facility areas sot that personnel have ag greater understanding of what cultural resources may be encountered and sO that they can ber more readilyi identified int thet field. The Lessee's training for Construction Personnel will also include an orientation presentation regarding thet types of finds that could be discovered (e.g. artifacts, buried shell deposits), including representative photographs of potential cultural 1.2 Thel Lessee willa assure that Construction Personnel are made aware ofi the procedures they must follow in the event of an unanticipated discovery. All construction personnel, including operators of equipment involved in grading, stripping, or trenching activities, will be advised of the need to immediately stop work if they observe any indications of the presence of an unanticipated cultural resource discovery as defined above. Construction personnel will be instructed toi immediately contacti the Compliancel Manager upon the observation ofa potential 1.3 The Lessee will stress the necessity of compliance with this Protocol and special emphasis and attention will be given to potential circumstances involving human remains. The Lessee will stress thei importance oft treating anyl human remains, or potential human remains, encountered during construction of the Facility with the utmost dignity and respect (see Section 3.0 below features or finds. unanticipated discovery as defined ini thei introduction. concerning human remains). 2.0 Observed Resources thet following: Int the event that an unanticipateda archaeological discovery occurs, procedures and notifications willi include 1.4 If any member of the construction workforce believes that potential archaeological materials/artifacts or stone features have been encountered, he or she will be required to stop worki int thei immediatey vicinity of thet find andi notifyt the Compliance Manager. Ifhuman remains are involved, the procedure described in Section 3.0 concerning human remains will be followed. Ground-disturbing activities in the immediate vicinity (150 ft [45.7 m]) of the find would cease. The restricted area would extend from the maximum discernable limit of the archaeological resource, with ground-disturbing activities restricted to areas necessary for immediate stabilization of the exposed feature or deposit. Page 4 South Fork Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial Archaeological Resources 1.5 Thep potential archaeological features and/ora artifacts will be lefti in place and not disturbed. No materials willl be collected or removed untila appropriate consultation hast taken place anda a plan ofa action has been developed. If artifacts are discovered after they have been removed from the ground, the Compliance Manager will carefully secure such artifacts to prevent further damage. No artifacts or potential cultural materials shall be removed from the site of the discovery prior to the arrival of the designated Archaeologist/cutural resources consultant. 1.6 Ift the Lessee (or its contractorsyconsutants, believe that an unanticipated discovery has been made, all ground-disturbing activities within 1501 feet of the discoverywill be stopped until such time as it is determined that construction in this area may continue. The Lessee will be responsible for taking appropriate steps to protect and secure the evidence of the discovery. Construction personnel will delineate the immediate area of the discovery with flagging tape and/or construction fencing. Open trenches or other excavations willl be covered in steel plates, asi necessary, to securet the discovery and ensure public safety. The area willl ber regarded as off- limits but will not be identified as an archaeological site in order to protect the resource via discretion and confidentiality. Vehicles and equipment may be permitted to traverse the area surrounding the delineated area if necessary; however, such movement will be minimized to the extent practical, and no vehicles or equipment willl bey permitted within the delineated area. 1.7 Upon the identification of a potential discovery, the Lessee will notify with BOEM, NYSDPS, NYSHPO, andi thel Town of East Hampton within 24 hours. BOEM, NYSDPS, NYSHPO, and Town of East Hampton contacts are listed in Section 4.0 contact/NOtinications List, below. No construction activities will be permitted in the vicinity of the find until such time as the significance of the resource has been evaluated by BOEM and NYSHPO and the need for and scope ofi impact mitigation has been determined by BOEM, NYSDPS, NYSHPO SFW, and other applicable Consulting Parties. 1.8 If the archaeological resource is Native American in nature, the Lessee will request that the BOEM notify representatives of the appropriate Native American Nation(s) (see Section 4.0, 1.9 Thel Lessee'sA Archaeologist will examine/review thei finds and provide additional information to below). BOEM and NYSHPO. The additional information will either: 1.9.1 Explain why the Archaeologist believes the resource is not significant with respect 1.9.2 Explain why the Archaeologist believes the resource to be potentially significant with respect to the S/NRHP and propose a Site-Specific Treatment Plan for evaluating the significance of the resource and evaluating Facility-related impacts toit. Thel Lessee anticipates that the proposed Site-Specific' Treatment Plan would provide a basis for initiating consultation with BOEM, NYSHPO, and applicable to the State/National Register of Historic Places (S/NRHP); or Page 5 South Fork' Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial Archaeological Resources Consulting Parties (see Section 4.0). South Fork Wind and BOEM, in consultation with the NYSHPO and Consulting Parties, as necessary, will discuss options and develop a plan for the treatment of unanticipated significant discoveries. 1.10 The Lessee will submit the Site-Specific Treatment Plan to BOEM and NYSHPO. If the proposed mitigation measures can reasonably be conducted concurrentlywith ongoing Facility construction, the submission to BOEM and NYSHPO will be accompanied by a request to 1.11 Proposed mitigation measures will not proceed until the Lessee receives written authorization, following consultation with BOEM, NYSHPO, the Town of East Hampton, and applicable Consulting Parties. The Lessee will notify BOEM, NYSHPO and the Town of East Hampton at the completion of all mitigation measures. If construction has been halted during mitigation, thel Lessee willa also request authorization from BOEM, SHPO, andI NYSDPStor resume 1.12 The Lessee will submit a summary report describing the results of mitigation to BOEM within a reasonable timeframe from the completion of mitigation fieldwork. 1.13 Ifarchaeological data recovery is conducted, a full Phase III report will be submitted to BOEM, NYSHPO, and applicable Consulting Parties based on a schedule to be established as part of review oft the Site-Specific' Treatment Plan through consultation with BOEM. resume construction ini the area of the discovery. construction at the conclusion of mitigation. 3.0 Observed Skeletal Remains Int the event of an unanticipated discovery of potential human remains and/or funerary objects, all worki in the immediate vicinity will stop until further notice and BOEM, NYSHPO, NYSDPS, the county coroner/medical examiner, local law enforcement, and all Consulting Parties identified herein will be contacted. The potential remains/funerary objects will be treated with respect, left in situ by all on site personnel, and protected from further disturbance. The Compliance Manager or Archaeologist will offer tobacco if potential human remains are discovered in water. If any human remains or potential human remains are removed from water in order to prevent immediate damage, the Compliance Manager or Archaeologist will offer tobacco and respectfully wrap such remains in natural material. If necessary to ensure short-term protection of such remains, the remains wrapped in natural materials may be placed in plastic bags or containers to prevent rapid degradation from drying or exposure. All such remains will be secured and protected pending completion ofi ther notification and consultation procedures describe below. If human remains or funerary objects are determined to be Native American, a treatment plan will be developed in consultation with the BOEM and the appropriate Tribal Nations, consistent with established protocols and guidance. These will include the Advisory Council on Historic Preservation's (ACHP) "Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects" (ACHP 2007), and NYSHPO's Human Remains Discovery Protocol (NYSHPO, 2021). Page6 6 South Fork Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial Archaeological Resources The ACHP and NYSHPO human remains protocols all require temporary: suspension of activity ini thevicinity of the discovery, protection of discovered remains, notification of NYSHPO and Native American representatives, and consultation regarding treatment of remains. The coroner and local law enforcement will make the official ruling oni the nature oft ther remains, beinge either forensic or archaeological. A decision concerning avoidance or hand excavation of the burial and final disposition of the remains shall be made by Consulting Parties. 1.14 The following protocol for dealing with skeletal remains will be followed during any circumstances in which any possible human skeletal remains arei identified during construction activities ("skeletal remains" is defined as any articulated or disarticulated bones or teeth). If obviously non-human (ie., animal) skeletal remains are discovered, the procedures outlined in 1.15 Itis crucial that all human remains (or possible human remains) be treated with the utmost 1.16 Any member of the construction team who believes an unanticipated discovery involving possible human skeletal remains has occurredi is required to stop worki int thei immediate vicinity 1.17 Human remains and associated artifacts willl bel lefti inj place and not disturbed. No skeletal remains or materials associated with ther remains willl bec collected or removed until appropriate 1.18 Ifthel Lessee believes that possible human skeletal remains have been discovered, they will immediately stop all work within 150 feet (45.7 meters) of the discovery location until it is confirmed that construction may resume. The area of the discovery will immediately be protected and secured by (at a minimum) the installation of flagging tape and/or construction fencing delineating the discovery location. The area will be regarded as off-limits but will not be identified publicly as an archaeologica site or the location of skeletal remains in order to protect ther resource via discretion and confidentiality. Vehicles and equipment mayk be allowed to pass through the area surrounding the discovery, if necessary; however, such movement will be minimized, and no vehicles or equipment will be permitted within the delineated area 1.19 Upon the discovery of potential human remains, the Lessee will immediately notify BOEM, NYSDPS, NYSHPO, the appropriate Native American Nations, the Lessee's Archaeologist, the coroner, and local law enforcement listed in Section 4.0, below via telephone and email. The Archaeologist will examine the remains as soon as possible, make aj preliminary assessment of their nature (i.e., if they are human or non-human), and immediately notify the parties listed above of ther results oft thep preliminary assessment. lftheArchaeologist. determines ther remains Section 2.0 of this Protocol will be followed. respect and dignity. oft the discovery and notify the Compliance Manager. consultation has taken place and ap plan of action has been developed. around the discovery. Page7 South Fork Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial Archaeological Resources are of human origin or suspected human origin, the Archaeologist will sprinkle tobacco over 1.20 As soon as possible following the discovery, law enforcement personnel (and the Archaeologist) will examine the skeletal remains at the site and determine ift they are! human. If the Archaeologist is unable to determine if the skeletal remains are human, the Lessee will 1.21 Ifther remains are determined to be animal (ie., non-human), the Archaeologist will assess whether they occur in an archaeological context. Additionally, if the remains are determined to be animal, the Lessee will immediately notify the parties listed in Section 3.61 that no human 1.22 Ift the remains are non-human and are determined to occur in an archaeological context, the procedures outlined in Section 1.26 ofi this Protocol willl bei followed. 1.23 If the remains are non-human and the Archaeologist determines no archaeological resource is present, they will immediately advise the Compliance Manager. The Lessee will consult with BOEM, NYSDPS, and NYSHPO and request that construction may resume at the discovery site. The Archaeologist will prepare and: submit a letter including photographs of the 1.24 If the Archaeologist (or forensic anthropologist) determines the remains are human, the county coroner, local law enforcement, BOEM, NYSDPS, NYSHPO, and appropriate Native American Nations will be notified immediately (see Section 4.0 Contact/Notifitcations List, below). No additional work or examination will occur until the county coroner and local law enforcement have arrived ont thes scene and made an official ruling on ther nature oft the remains 1.25 If the human remains are determined to be archaeological and if the archaeologs/orensicanthropologst identifies them as Native American in origin, the remains will be left in place and protected from further removal or disturbance until the feasibility of their avoidance byf further disturbance can be assessed in consultation with BOEM, appropriate Native American Nations, NYSHPO, and NYSDPS. Note that the Lessee understands that avoidance is preferred by the NYSHPO and the Native American Nations (see ACHP, 2007; 1.26 Ifhuman remains are determined to be archaeological but non-Native American, they will bel left in place and protected until a Site-Specific Treatment Plani for avoidance or removal is developed through consultation with BOEM, NYSDPS, NYSHPO, and applicable Consulting the exposed bone and surrounding soils. retain the services of ai forensic anthropologist. remains were identified. (non-) discovery sitet tot the Lessee within a reasonable timeframe. (ie., if they are forensic or archaeological in nature). NYSHPO, 2021). Parties. Page 8 South Fork Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial Archaeological Resources 1.27 The Site-Specific Treatment Plan will give special consideration to the presence of human remains. Proposals will also include provisions for evaluating the area for the presence of additional graves. 4.0 Contact/Notfications List South Fork Wind Melanie Gearon Project Manager 56, Exchange Terrace, Suite 300 Providence, Rhode Island 02903 857-348-3261 melge@orsted.com Bureau of Ocean Energy Management Sarah Stokely Office of Renewable Energy Programs 45600 Woodland Road (VAM-OREP) Sterling, VA 20166 703-787-1085 Sarahstoleyehoengox New York State Department of Public Service Dan Connor 3E Empire State Plaza, Albany, NY 12223 Mobile 518)-605-0836 Shinnecock Indian Nation Bryan Polite Chair of Tribal Trustees P.O. Box 5006 Southampton, NY1 11969 631-283-6143 bpanpalicpsmnetockorg and Compliance Manager TO BE DETERMINED New York State Historic Preservation Office Timothy Lloyd, Ph.D. Scientist Archaeology Division for Historic Preservation P.O. Box 189, Waterford, NY 12188 (518)268-2186 timotiyleydepatsnygor Town of East Hampton Supervisor Peter' Van Scoyoc 159 Pantigo Rd East Hampton, NY 11937 (631)324-4140 ancyptyemamponyse. Mashpee Wampanoag Tribe David Weeden Tribal Historic Preservation Officer 483 Great Neck Road, South, Mashpee, MA 02649 774-327-0068 David.Weeden@mwitribe-nsn.goy Jeremy Dennis, Junior THPO P.O. Box 2338 Southampton, NY 11968 eremynative@gmal.com Bettina Washington (631)! 566-0486 Wampanoag Tribe of Gay Head (Aquinnah) Mashantucket Pequot Tribal Nation Michael Kicking Bear. Johnson Page 9 South Fork Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial. Archaeological Resources Tribal Historic Preservation Officer 20 Black Brook Road Aquinnah, MA 02535-1546 508-560-9014 thpo@wampanoagtribe-nsn.goy Mohegan Tribe James Quinn Tribal Historic Preservation Officer 1Church Lane (Parking address) (35.68 mi) Uncasville, CT, CT06382 860-862-6893 qumnemoneganmalcon Lessee's Archaeologist Dan Forrest Environmental Design and Research New England Region 860-367-5754 dforrest@edrdpc.com Suffolk County Medical Examiner 725 Veterans Hwy Ste 487 Hauppauge, New' York 11788 631-853-5555 Deputy Tribal Historic Preservation Officer 110 Pequot Trail Mashantucket, CT 06338 860-501-7988 meohnsonempn.nsngor Narragansett Indian Tribe John Brown, III Tribal Historic Preservation Officer PO Box 463 Charlestown, RI 02813 401-491-9459 tashtesook@aol.com Lessee's Archaeologist (Alternate) Patrick Heaton, RPA Environmental Design and Research 217 Montgomery Street, Suite 1000 Syracuse, NY1 13202 315-471-0688 pheaton@edrdpccom References Cited: Advisory Council on Historic Preservation (ACHP). 2007. Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects. ACHP, Washington, DC. Environmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C. (EDR). 2020a. Phase lArchaeological Survey: South Fork Export Cable - Onshore Cable & Substation, Town of East Hampton, Suffolk County, New York. Report prepared for Environmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C. (EDR). 2020b. Phase IB. Archaeological Survey, South Fork Export Cable: Beach Lane -A Route. A, Town of East Hampton, Suffolk County, New York. Report prepared for Southfork Wind, Deepwater SFW Farm, LLC and AECOM by EDR, Syracuse, NY. LLC by EDR, Syracuse, NY. Page 10 South Fork Wind/South Fork Export Cable Unanticipated Discovery Protocol: Terrestrial Archaeological Resources New York State Historic Preservation Office (NYSHPO). 2021. State Historic Preservation Office/New York State Office of Parks, Recreation, and Historic Preservation Human Remains Discovery Protocol. NYSHPO, Waterford, NY. Page 11 0B-2 p 3 FEB 22 2022 Febpary/2,2022 Little Compton Planning Board Town Hall, 40 Commons Little Compton, RI 02837 Robert Mushen, President Little Compton Town Council 40 Commons - PO: Box 226 Little Compton, R.I. 02837 RE: Zoning Ordinance Amendment Request by Peter Medeiros Dear Sir: Ini response to a request oft the Council to review suggestions made by Peter Medeiros, Building InspectorlZoning Officer Agenda Item 1) Memo received from the Town Council seeking review andi recommendation on aj proposal made by the the Planning Board on' Tuesday, February 1, 20221 took the following actions: Building Inspector/Zoning Official to amend the LCTown Zoning Ordinance: a. Add requirement for any new or added structure over 600 sq. ft. implement a Storm Water Mitigation Plan. After discussion the following was voted: Motion made by Sal Marinosci, 2nd by Mary Suttell, alli in favor (Beauchemin, Bowen, Marinosci, Murphy, Ross, Steers, Suttell), toi forward to the' Town Council: fori its consideration and scheduling ofal Public Hearing the following draft adding paragraphj j. to 14-5.11 General Performance Standards For. All Uses. J Storm Water Mitigation Plan. The approval of any new structure on the property or addition to an existing structure that is6 600 square feet or greater must implement a Storm Water Mitigation Plan, for onsite drainage containment as per the Rhode Island Storm Water Design and Installation Manual, and the Rhode Island Soil Erosion and Sediment Control Handbook. And b. Define in Use Table 1-B in Table of Accessory Uses, specifying whether or not sleeping quarters are allowed in accessory structures, such as garages, studios, etc. After discussion thei following was voted: Motion made by Bob Murphy, 2nd by Sall Marinosci, all voting ini favor (Beauchemin, Bowen, Marinosci, Murphy, Ross, Steers, Suttell), to: forward to the' Town Council the following draft amendment to the Little Compton Town Zoning Code Section 14-3-1c., Use Code for consideration and the scheduling ofal Public. Hearing: Section 14-3-1c. Where a use is not specifically listed below, such use is not permitted without a Special Use Permit from the Board. Upon written request, the Building Official shall, (pursuant to Rhode. Island General Laws $ 45-24-54) provide, within 15 calendar days, written information to the requesting party as to the determination that the use is included within the appropriate use code number. Ini the event that noi response is provided by the Building Official within such time, the requesting party shall have thei right to petition the Board for the determination. Ifthe requesting party disagrees with the response oft the Building Official, the requesting party shall have the right to appeal the determination to the Board. Sincerely, ThpaWen Carol A. Wordell, CMC, Town Clerk On Behalfofthel Little Compton Planning Board 0B-3 GI EDVI FEB 72022 TOWN OF LITTLE COMPTON TOWN HALL - 40 COMMONS LITTLE COMPTON, RI 02837 By- POBOX226 February 2, 2022 To the Honorable Town Council Members Dear Councilors, Interviews have been held with three (3) applicants who applied to fill the part-time secretary to the Planning and Zoning Board. After the interviews one of the applicants removed her name from consideration as she realized she would not have sufficient time to devote to the needs of the position. Both the Town Administrator and I agree to put forth a request for the Council to hire Julie B. Spreadbury. Mrs. Spreadbury is a Little Compton resident available to take on this position immediately. We both believe she will be an asset to the staffin the Town Hall. Respectfully, Caher Ltfmp Carol A. Wordell, CMC, Town Clerk Antonio Teixeira, Town Administrator W/ NB1 TOWN OFI LITTLE COMPTON REIMBURSEMENT AND BORROWING RESOLUTIONS FOR $2,000,000 GENERAL OBLIGATION BONDS, SERIES 2022 A OF TOWN COUNCIL The Town Council of the Town of Little Compton, Rhode Island (the "Town") hereby WHEREAS: Pursuant to the authorities contained in Article #6 adopted by the electors at the Annual Fimancial Town Meeting on May 18, 2021 (the "Financial Town Meeting"), the qualified electors provided for the authority of the Town to issue bonds and notes in anticipation thereof in an amount equal to Two Million Dollars ($2,000,000) (the bonds, and notes in anticipation thereof shall be collectively referred to as the "General Obligation Bonds, Series 2022 A") to finance the design, engineering and construction of capital improvement projects including without limitation, restoration ofthe Town Hall building exterior, provision ofoff-street parking in the Commons and repair and/or replacement of the public works garage, all located in adopts the: following resolutions: the Town (the Project"); and WHEREAS: The Town anticipates spending funds on the Project from its general fund WHEREAS: The Town wishes to adopt an inducement resolution to satisfy the requirements oft the Internal Revenue Code and allow the reimbursement from General Obligation in anticipation oft the issuance oft the General Obligation Bonds, Series 2022. A; and Bonds, Series 2022 A ofs such funds previously spent; and WHEREAS: The Town further wishes to adopt resolutions to authorize the borrowing for the Project. NOW,THEREFORE, BE: IT RESOLVED THAT: SECTION1. Pending the issuance of the General Obligation Bonds, Series 2022 A as provided fori in these resolutions, the Town may expend funds for the Project. Any advances made under this Section shall be repaid without interest from the proceeds of the General Obligation Bonds, Series 2022 A issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds. Any expenditure of costs incurred to date in connection with the Project are hereby authorized, approved, adopted, ratified and confirmed. SECTION2. The Town, pursuant to Treasury Regulation 1.150-2 intends to reimburse itself for capital expenditures for the above described Project paid on or after the date which is sixty days prior to the date oft these resolutions, but prior to thei issuance ofthe General Obligation Bonds, Series 2022 A. Such amounts to be reimbursed shall not exceed the authorized amount pursuant to these resolutions and shall be reimbursed not later than eighteen months after the later of(a) a date on which the expenditure is paid, or (b) the date the Projects are placed in service or abandoned, but in: no event later than three years after the date the expenditure is paid. SECTION3. Pursuant to the authority contained in Article #6 adopted at the Financial Meeting, the Town ofLittle Compton, Rhode Island is hereby authorized to borrow $2,000,000 and toi issue General Obligation Bonds, Series 2022. A in an amount equal to $2,000,000 to finance the Project. SECTION4. The Town authorizes, ratifies and confirms the distribution ofal Request for Proposals For al Direct Purchase by al Financial Institution ofa Tax-Exempt: Bond Issue to prospective purchasers oft the General Obligation Bonds, Series 2022. A in substantially the form submitted to the Town, including such changes as the Town in its discretion may approve. SECTION5. Each oft the President oft the Town Council and the Town Treasurer are hereby authorized and empowered individually on behalf ofthe Town to accept the rates and Proposals and to make and award oft the above-referenced General Obligation Bonds, Series 2022 A1 to be on such date as is established by the Town Treasurer, or such other date in the event such sale is extended, postponed or delayed, and to execute, acknowledge and deliver in the name of and on behalf oft the Town any and all documents agreements and instruments to effective the sale oft the authorized General Obligation Bonds, Series 2022 A. SECTION 6. The above-authorized General Obligation Bonds, Series 2022 A shall be signed by the Town Treasurer and the President oft the Town Council and the manner of sale, denominations, maturities, interest rates and other terms, conditions and details oft the General Obligation Bonds, Series 2022. A shall be fixed by the Town Treasurer with the approval oft the President of the Town Council. SECTION7. Each oft the President oft the Town Council, Town Administrator, the Town Treasurer, and the Town Clerk are authorized and directed to execute, acknowledge, and delivery such additional documents, certificates, instruments and filing as may be required in connection with the issuance oft the General Obligation Bonds, Series 2022 A, including without limitation a Tax Certificate and to take such other action as may be necessary or appropriate in order to give effect tot these resolutions. The Town Treasurer and the President oft the Town Council are authorized to take all action, on behalf oft the Town, to ensure that interest ofthe Series 2022 A will be excluded from gross income for federal tax purposes and to refrain from all actions which would cause the interest on the Series 2022 A to become subject to federal income taxes. SECTION8. These resolutions shall take effect upon passage. CERTIFICATION I,t the Town Clerk oft the Town ofLittle Compton, Rhode Island, certify that at a meeting oft the Town Council held on February 10, 2022, of which meeting all members ofthe council were duly notified and at which a quorum was present, the foregoing resolutions were 2 unanimously passed, all ofwhich appears in the official records oft the Town Council ini my custody. Ifurther certify that the resolutions were passed at ai meeting held in compliance with State of] Rhode Island Executive Order 22-01 promulgated by Executive Order of Governor Daniel J. McKee on January 6, 2022 which allows for public participation in public meetings by remote access, and notice of the meeting was duly posted at least 481 hours prior to the meeting and that no action in connection therewith was taken in executive session, all: in accordance with Chapter 46 ofTitle 42 oft the General Laws entitled "Open Meetings." Town Clerk Dated: February 10, 2022 Borrowing Resolution: 41995 3 W MBI Onun of ittle Compton Joun Hall 3.0. Tox 226 Gittle Compton, R3 02837 To: From: Date: Subject: Bond. Honorable Town Council Antonio A. Teixeira Th Town Administrator February 10, 2022 PFM Financial Advisors LLC We are ini the process of pursuing the financing for town projects and refunding the School The Town Council has agreed to engage Sandra Mack as the bond counsel but we need a firm to provide the additional services; financial planning, policy development and related service to debt issuance. Steve Maceroni and his firm teams up with Sandra to provide the required tasks. Both Sandra and Steve bring a wealth of experience to assist us navigate what is necessary to Attached is an engagement letter for Steve Maceroni and his firm for your review. la ask the Honorable Town Council authorize the Town Administrator to sign the letter. finance and refinance tol bring the projects to fruition. Thank youl 1 January 21, 2022 Antonio. A. Teixeira Town Administrator Town of Little Compton 40 Commons Little Compton, RI 02837 Dear Mr. Teixeira: The purpose of this letter (the Engagement Letter") is to confirm our agreement that PFM Financial Advisors LLC ("PFM") will act as financial advisor to the Town of Little Compton, Rhode Island. (the' "Client") on its proposed. 2022 RIHEBC School Refunding Bonds and 2022 Town General Obligation Bonds ("Bonds"). PFM will provide, upon request of the Client, services related to financial planning, budget and strategic advice and planning, policy development and services related to debt issuance, as applicable and set forth in Exhibit. Ai tot this Engagement Letter. Most tasks requested Client will notr require all services provided fori in Exhibit A and as suchi thes specific scope of services for such task shall be limited to just those services required to complete thet task. PFM is a registered municipal advisor with the Securities and Exchange Commission (the "SEC") and the Municipal Securities Rulemaking Board (the "MSRB"), pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2. Ifthe Client has designated PFM as its independent registered municipal advisor ("IRMA") for purposes of SEC Rule 15Ba1-1(d)(3)v), (the "IRMA exemption"), then services provided pursuant to such designation shall be the services described in Exhibit A hereto, subject to any agreed upon! limitations. Verification ofi independence (asi is required undert thel IRMA exemption) shall be the responsibility of such third party seeking to rely on such IRMA exemption. PFM shall have the right to review and approve in advance any representation of PFM's MSRB Rules require that municipal advisors make written disclosures to their clients of all material conflicts ofi interest, certain legal or disciplinary events and certain regulatory requirements. Such disclosures are provided in PFM's Disclosure Statement delivered PFM's services will commence as soon as practicable after the execution of this Engagement Letter by the Client and a request by the Client for such service. Any material changes in or additions to the scope of services described in Exhibit A shall be promptly reflected in a written supplement or amendment to this Engagement Letter. Services provided by PFM which are not included in the scope of services set forth in Exhibit A of this Engagement Letter shall be completed as agreed in writing in advance between the Client and the PFM. Upon the request oft the Client, an affiliate of PFM or at third party referred or otherwise introduced by PFM may agree to additional services to be provided by such affiliate or third party, by a separate writing, including separate scope and compensation, between the Client and such affiliate or third party. pfm 100 Highs Street Suite2 2300 Boston, MAC 02110 617.330.6914 pfm.com by role as IRMA to Client. to Client prior to or together with this Engagement Letter Fort the services described in Exhibit A, PFM's professional fees willl be paid as provided inE Exhibit B. All fees shalll be due to PFM within thirty (30) days of the date of invoice. In addition to fees for services, PFM will be reimbursed for necessary, reasonable, and documented out-of-pocket expenses incurred, including travel, meals, lodging, telephone, mail, and other ordinary cost and any actual extraordinary cost for graphics, printing, data processing and computer time which are incurred by PFM. Upon request This Engagement Letter shall be effective from January 21, 2022 until December 30, 2022 (the "Initial Term"), and shall remain in effect unless canceled in writing by either PFM shall not assign or transfer any interest in this Engagement Letter or subcontract any oft thev work performed undert this Engagement! Letter without thep priorwritten consent of the Client; provided that PFM retains the right to enter into a sale, merger, internal reorganization, or similar transaction involving PFM's business without any such All information, data, reports, and records in the possession of the Client or any third party necessary for carrying out any services to be performed under this Engagement Letter ("Data") shall be furnished to PFM. PFM may rely on the Data in connection with its provision of the services under this Engagement Letter and the provider thereof shall remain solely responsible fort the adequacy, accuracy and completeness ofs such Data. All notices and other communication required under this Engagement Letter will be in writing and shall be sent by certified mail, return receipt requested, or by nationally recognized courier, with written verification of receipt. Notices shall be addressed to the party for whom it is intended, at the addresses on the first page of this Engagemênt Allr materials, except functioning or dynamic financial models, prepared by PFM pursuant exclusively to this Engagement Letter will be the property of the Client. Subject to the preceding exception, upon termination oft this Engagement Letter, PFM will deliver tot the Client copies ofa any and deliverables pertaining to this Engagement Letter. The following employees of PFM will provide the services set forth in this Engagement Letter: Stephen Maceroni and Navide Aminpour. PFM may, from time to time, supplement or otherwise amend team members. The Client has the right to request, for any reason, PFM to replace any member of the advisory staff. Should the Client make such a request, PFM will promptly suggest a substitute for approval by the Client. PFM will maintain insurance coverage with policy limits not less than as stated in Exhibit C. Except to the extent caused by its willful misconduct, bad faith, gross negligence or reckless disregard of obligations or duties under this Engagement! Letter, PFM shall have oft the Client, documentation of such expenses will bep provided. party upon thirty (30) days written notice to the other party. consent. Letter. no liability to any party underi this Engagement Letter. 2 PFM, its employees, officers and representatives at all times will be independent contractors and will not be deemed to be employees, agents, partners, servants and/or joint venturers of Client by virtue of this Engagement Letter or any actions or services rendered under this Engagement Letter. Nothing in this Engagement Letter is intended or shall be construed to give any person, other than the parties hereto, their successors and permitted assigns, any legal or equitable rights, remedy or claim under or in respect of this Engagement Letter or any provisions contained herein. In no event will PFMI be liable for any act or omission of any third party or for any circumstances beyond PFM's reasonable control including, but not limited to, fire, flood, or other natural disaster, war, riot, strike, act of terrorism, act of civil or military authority, software andlor equipment failure, computer virus, ort failure ori interruption of electrical, telecommunications or other This Engagement Letter shalll be construed, enforced, and administered according tot the laws oft the State ofF Rhode Island. PFM andi the Client agree that, should a disagreement arise as to the terms or enforcement of any provision of this Engagement Letter, each party willi ing good faith attempt to resolve said disagreement prior to pursuing other action. This Engagement Letter represents the entire agreement between Client and PFM and may not be amended or modified except in writing signed by both parties. Fori the sake of clarity, any separate agreement between Client and an affiliate of PFM or at third party referred or introduced by PFM shall not in any way be deemed an amendment or modification of this Engagement Letter. Thei invalidity in whole or in part of any provision oft this Engagement Letter shall not void or affect the validity of any other provision. Please have an authorized official of the Client sign a copy of this Engagement Letter and return itt to us to acknowledge thet terms oft this engagement. This Engagement Letter may be signed in any number or counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same document. utilitys services. Sincerely, PFMI Financial Advisors LLC &ik June M. Matte Managing Director 3 Accepted by: TOWN OF LITTLE COMPTON, RI Authorized Signature Name Title Date EXHIBIT A SCOPE OF SERVICES 1. Services Related to Debt Transactions (Includes short term financings, notes, loans, letters of credit, line of credit and bonds); provided thati if the transaction is competitive, the services of thet financial advisor will ber modified to reflect that process. Upon the request of the Client: o ) Analyze financial and economic factors to determine ift the Develop a financing plan in concert with Client's staff which would include recommendations as to the timing and number Assist the Client by recommending: the best method of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make recommendation: as to the determination of the best bid. Int the event of a negotiated sale, assist ini the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aidi in such selection. Advise as to the various financing alternatives available to Develop alternatives related to debt transaction including evaluation of revenues available, maturity schedule and cashi flow requirements. Evaluate benefits of bond insurance andlor security insurance for debt reserve fund. Ifappropriate, develop credit rating presentation and coordinate with the Client the overall presentation to rating Review underwriter's proposals and submit a written Assist the Client ini the procurement of other services relating to debt issuance such as printing, paying agent, registrar, Identify key bond covenant features and advise as to the financial consequences of provisions to be included in bond indentures, resolutions or other governing documents regarding security, creation of reserve funds, flow of funds, redemption provisions, additional parity debt tests, etc.; review and comment on successive drafts of bond governing Review the requirements and submit analysis to bond issuance of bonds is appropriate. of series of bonds to bei issued. the Client. agencies. analysis of same to the Client. etc. documents. 5 insurers, rating agencies and other professionals as they Review the terms, conditions and structure of any proposed debt offering undertaken by the Client and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability. Coordinate with Client's staff and other advisors as respects thei furnishing of datai for offering documents, it being specifically understood that PFM is not responsible for the inclusion or omission ofa any material in published offering As applicable, advise the Client on the condition of the bond market at thet time of sale, including volume, timing considerations, competing offerings, and general economic Assist and advise the Client in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering, and make recommendations regarding a proposed offering to obtain ther most favorable financial terms based on existing market conditions. Arrange fort the closing oft the transaction including, but not limited, tol bond printing, signing and final delivery of the pertain to the Client's obligation. documents. considerations. bonds. EXHIBITI B COMPENSATION FOR SERVICES 1. Fixed Rate Transaction Fees (Direct Purchase, Competitive and The compensation schedule for direct purchase, competitive and negotiated sales of Negotiated) long-term financings will be billed at closing as follows: NAMEOFTRANSACION 2022 RIHEBC School Refunding FINANCIAL ADVISORYFEE (ten thousand five hundred dollars) $10,500 Bonds $7,500 2022 Town General Obligation (seven thousand five hundred dollars) Bonds 7 EXHIBIT C Insurance Statement PFM Financial Advisors LLC ("PFM") has a complete insurance program, including property, casualty, general liability, automobile liability and workers compensation. PFM maintains professional liability and fidelity bond coverages which total $5 million and $5 million single loss/ $10 million aggregate, respectively. PFM also carries a $5 million Our Professional Liability policy is a' "claims made" policy and our General Liability policy cyber liability policy. claims would be made by occurrence. Deductibles/SIR: Automobile $100 comprehensive & $1,000 collision Cyber Liability $100,000 General Liability $0 Professional Liability (E&O) $200,000 Financial Institution Bond $50,000 Insurance Company & AMI Best Rating Professional Liability (E&O). Financial Institution Bond. Stable) Cyber Liability. General Liability. Automobile Liability. Excess /Umbrella Liability.. Workers Compensation. &E Employers Liability Lloyds of London; (A; Stable) .AXIS Surplus Insurance Company; (A; Stable) Berkley Regional Insurance Company; (A+; Greenwich Insurance Company (A+; Stable) Valley Forge Insurance Company; (A Stable) Continental Insurance Company; (A Stable) Continental Insurance Company; (A Stable) Continental Insurance Company; (A Stable) DISCLOSURE OF CONFLICTS OFI INTEREST. AND OTHER IMPORTANT MUNICIPAL. ADVISORY INFORMATION I. Introduction PFMI Financial Advisors LLC and PFM Swap Advisors LLC (hereinafter, referred to as "We,""Us," or "Our") are registered municipal advisors witht the Securities andI Exchange Commission (the' "SEC") andt thel Municipal Securities Rulemaking) Board (the MSRB"), pursuant tot the Securities Exchange. Act of1934] Rule 15Bal-2.1 Ina accordance withl MSRB rules, this disclosure statement is provided by Us to each client prior to the execution of its advisory agreement with written disclosures of all material conflicts ofinterests andl legal or disciplinary events that are required tol be disclosed" withi respect to] providing financial advisory services pursuant tol MSRB] Rule G-42(b) and (c)(i). We employ al number ofresources toi identify ands subsequently manage actual orj potential conflicts ofinteresti in addition to disclosing actual andj potential conflicts ofinterest provided! herein. Code of] Ethics. The Coder requires that all employees conduct all aspects ofOur business witht thel highest standards ofintegrity, honesty and fair dealing. All employees are required to avoid even the appearance of misconduct or impropriety and avoid actual or apparent conflicts of interest between personal and professional relationships that would or could interfere with an employee's independent exercise of judgment inj performing the obligations and responsibilities owed to a municipal advisor Policies and] Procedures. Weh have adopted policies andj procedurest thati include specific rules and standards for conduct. Some oft these policies andj procedures provide guidance andi reporting requirements about matters that allows Us to monitor behavior that might giver riset tos a conflict of interest. Thesei include policies concerning the making ofgifts and charitable contributions, entertaining clients, and engaging in outside activities, all ofwhich may involve relationships with clients and others that are Supervisory Structure. Wel havel both a compliance and supervisory structure inj place that enables Ust toi identify andi monitor employees' activities, both on a transaction and Firm-wide basis, to ensure compliance with appropriate standards. Prior to undertaking any engagement with a new client or an additional engagement with an existing client, appropriate municipal advisory personnel will review the possible intersection of the client's interests, the proposed engagement, Our engagement personnel, experience and existing obligations to other clients and related parties. This review, together with employing the resources described above, allows Ust to evaluate any situations that may be an actual or potential conflict ofi interest. Disclosures. We will disclose to clients those situations that We believe would create ai material conflict ofi interest, such as: 1)any advice, service or product that any affiliate may provide to a client thati is directly related tot thei municipal advisory work We perform for such client; 2) any payment made to obtain or retain ai municipal advisory engagement with a client; 3) any fee-splitting arrangement with any provider ofani investment or services to a client; 4) any conflict that may arise from thet type ofcompensation arrangement Wer may! have with a client; and: 5) any other actual or potential situation that' We are or become aware ofthatr might constitute ai material conflict ofinterest that couldr reasonably expect toi impair Oura ability toj provide advice to or on behalf of clients consistent with regulatory requirements. IfWei identify such situations or circumstances, We will prepare meaningful disclosure that will describe thei implications oft thes situation and how Wei intend to manage the situation. We will also disclose any legal or disciplinary events that are material to a client's evaluation or the integrity of Our management or advisory personnel. We willj provide this disclosure (or a means to access this information) in writing prior to starting Our proposed engagement, and will provide such additional information or clarification as the client may request. We will also advise Our clients in writing of any subsequent material conflict of interest that may arise, as well as the related implications, Our plan tor manage that situation, and any additional information such client may require. How Wel Identify and Manage Conflicts of Interest and Our clients. important to Our analysis of! potential conflicts ofi interest. Revised 12-2021 Page 1 II. General Conflict ofl Interest Disclosures Disclosure of Conflicts Concerning the Firm'sAffiliates Our affiliates offer a wide variety of financial services, and Our clients may be interested in pursuing services separately provided by an affiliate. The affiliate's business with the client could create an incentive for Us to recommend a course of action designed toi increase the level oft the client's business activities with the affiliate or to recommend against a course of action that would reduce the client's business activities with the affiliate. In either instance, We may be perceived as recommending services for a client that are noti int thel besti interests ofOur clients, buti rather are in Ouri interests ort thei interests of Our affiliates. Accordingly, Wer mitigate any perceived conflict ofi interest that may arisei int this situation by disclosingi itt to the client, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that itiss suitable: for the clienti inl light of various factors, after reasonablei inquiry, including the client's needs, objectives and financial circumstances. Further, Wei receive no compensation from Our affiliates with respect to a clienti introduction or referral. Ifa client chooses to work with an affiliate, We require that the client consult and enter into a separate agreement for From time to time, Wei may be compensated by ai municipal advisory fee thati is or will be set forth in an agreement with the client tol be, ort that! has been, negotiated and entered into in connection with ai municipal advisory service. Payment ofs such fee may be contingent ont the closing oft thet transaction and the amount oft thei feei may bel based, in whole ori inj part, on a percentage of the principal or par amount of municipal securities or municipal financial product. While this form of compensation is customary int the municipal securities market, iti may be deemed toj present a conflict ofinterest since We may appear to have an incentive to recommend to the client a transaction that is larger in size than is necessary. Further, We may also receive compensation in the form ofa fixed fee arrangement. While this form of compensation is customary, it may also present a potential conflict ofi interest, ift thet transaction requires more work than contemplated and We are perceived as recommending alesst time consuming alternative contrary tot the client's! besti interest so as not tos sustain al loss. Finally, We may contract with clients on an hourly fee bases. If We do not agree on a maximum amount of hours at the outset of the engagement, this arrangement may pose ac conflict ofinterest as Wey wouldi notl have a: financial incentive tor recommend an alternative that would result in fewer hours. Wei manage and mitigate all oft these types of conflicts by disclosing the fee structure to the client, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that itis suitable: for the client inl light of various factors, after reasonable inquiry, including the client's needs, objectives andi financial Wer regularly provide: financial advisory services tos state andl local governments, their agencies, andi instrumentalities, andi non- profit clients. While Our clients have expressed thatt this experience inj providing services to a wide variety of clients generally provides great benefit for all of Our clients, there may be or may have been clients with interests that are different from (and adverse to) other clients. Iffor some: reason any client sees Our engagement with any other particular client as a conflict, We will mitigate this conflict by engaging in ab broad range ofo conduct, ifa and as applicable. Such conduct may include one ora any combination of the following: 1) disclosing the conflict to the client; 2) requiring that there be ai review of the municipal securitiest transaction or municipal financial product to ensure that itiss suitablei for the clienti inl lightofvarious factors, including the client's needs, objectives and financial circumstances; 3) implementing procedures that establishes an Informational Bubble" that creates physical, technological and procedural barriers and/or separations to ensure that non-public information is isolated to particular area such that certain governmental transaction team members and supporting functions operate separately during the course of work performed; and 4)i in the rare event that a conflict cannot bei resolved, We will withdraw As registered municipal advisors with the Securities and Exchange Commission (the "SEC") and thel Municipal Securities Rulemaking) Board (the MSRB"), pursuant to the Securities. Exchange Act of19341 Rule 15Bal-2, Ourl legal, disciplinary and judicial events are required tol be disclosed on Ouri formsl MA and! MA-If filed witht the SEC, in' 'Item! 91 Disclosurelnformation" off form MA, 'Item 61 Disclosurel Information' off forml MA-I, andi ifapplicable, the corresponding disclosure: reporting page(s) ("DRP"). Toi review the foregoing disclosure items and material change(s) or amendment(s), ifany, clients may electronically access PFM Financial Advisors LLC filed forms MA and MA-I on the SEC's Electronic Data Gathering, Analysis, and services, so that the client can make ani independent, informed, evaluation oft the services offered. Disclosure of Conflicts Related to the Firm's Compensation circumstances. Disclosure Concerning Provision of Services to, State and Local Government, and Non-Profit Clients from thee engagement. Disclosure Related to Legal and Disciplinary Events Retrieval system, listed by date of filing starting with the mosti recently filed, at: PFM! Financial. AdvisorsI LLC- iassiadmen-rsw 2 Page Revised 12-2021 III. Specific Conflicts of Interest Disclosures Little Compton,RI To Our knowledge, following reasonable inquiry, we are not aware of any other actual or potential conflict of interest that couldi reasonably be: anticipated toi impair Oura abilityt top provide advicet to ord on! behalfofthec clienti in accordance with applicable standards of conduct ofMSRB Rule G-42. IV. Municipal Advisory Complaint and Client Education Disclosure Thel MSRB protects state and local governments and other municipal entities and the public interest by promoting fair and efficient municipal securities markets. To that end, MSRB rules are designed to govern the professional conduct of brokers, dealers, municipal securities dealers and municipal advisors. Accordingly, if you as municipal advisory customer have a complaint about any oft these financial professionals, please contact the MSRB's website at www.msrb.org, and consult the MSRB's Municipal Advisory Client brochure. The MSRB's Municipal Advisory Client brochure describes the protections availablet to municipal advisory clients under) MSRB: rules, and describes the process for filingac complaint witht the appropriate PFM's Financial Advisory services are provided by PFM Financial Advisors LLC. PFM's Swap Advisory services are provided by PFM Swap Advisors LLC. Both entities are registered municipal advisors with the MSRB and SEC under the regulatory authority. Dodd) Frank Act of2010. Revised 12-2021 Page 3 NB-2 LITTLE COMPTON. POLICE. DEPARTMENT COMPT 60 Simmons Road Little Compton, RI 02837 Phone 401-635-2311 Fax401-635-8782 JAN 25 2022 Scott N. Raynes Chief of Police January 23, 2022 The Honorable Town Council Town ofLittle Compton 40 Commons Little Compton, RI 02837 Honorable Town Council Members, Iam respectfully requesting your consideration in the appointment of Retired Detective Lieutenant Alberto) J. Bucci previously oft the Portsmouth Police Department to aj position within the Little Compton Police Departments Reserve Police Officer Program. Retired Detective Lieutenant Bucci was a twenty-two-year member of the Portsmouth Police Department, where. he served in both the patrol and detective divisions. Retired Detective Lieutenant Bucci continues to carry a full police officer certification, as required, as member ofboth the Portsmouth and' Tiverton Police Departments Reserve Program. Retired Detective Lieutenant Bucci would be a valued asset to thel Little Compton Police Department and our community, and II highly recommend him for appointment to the Reserve Officer Program. Respectfully, Scott BH-223 N. Raynes) ChiefofPolice p f RHODE ISLAND LEAGUE OF CITIES AND TOWNS RHODE ISLAND LEAGUE OF CITIES AND TOWNS Distinctive Communities, PowerfulAllance ith all 39 cities and towns as members, the Rhode Island League of Cities & Towns is uniquely positioned to understand municipal needs and convey them to decision-makers. Bys serving asa convener and anadvocate, the League has becomea a trusted voicei for municipalities. Asanorganization, we believei in: Supporting robust local government funding throughmunicipal aid programs,education Opposing any comstraintsontieabliylo Opposingu unfunded state mandates, particularly related to workforce management and personnel costs aid and grants raise local revenue Maintaining local control anddecdision-makings that reflects community needs, including land use, business operations, licensing, etc. Supporting greater flexibility for local government to innovate, improve efficiency and savetaxdollars Twougidhxtaacaylotx. Governor and General Assembly, we continue to support the needs of municipalities throughout the state. Funding for Transportation, Infrastructure and Resiliency While municipalities have seen an influx ofi federal aid to support tour economicrecoveryfrom COVID-19, those funds are intended to support our communities through the newo challenges they are facing. As the state looks to increase housing stock, cities and towns will need infrastructure to respond toj populationgrowth. Allocate funds tot thel Municipal Infrastructure Grant program: Earlier this year, the General Assembly authorized General Fund allocations tot the Municipal Infrastructure Grant program, whichwasestablisned in 2017.The program is intended to fund utility and hfrastnuctureimprovements ini identified growth centers to support additional housing construction. We urge thes state to supportmunicipal. infrastructure. and resilience projects bya allocating $30.0 millioni in Federal American Relief Actfunds to the Municipal Infrastructure Expedite funding and project timelines for State Transportation Improvement Plan (STIP) projects: With $100million int the American Rescue Plan Act (ARPA) capital fund and aj potential federal infrastructure package, our members are eager tos see projects that are ini theire early planning phases be executed in an accelerated timeline. The State Planning Council recently approved the STIP for 2022-2031 which outlinesi infrastructure improvements overt the next decade. Our memberss strongly encourage additional funds to advance projectsscheduled to happen between! 2026-2031 toi improve transportation infrastructure like school routes, bike path improvements and municipal Grant program for two years. bridges. Workforce Management Personnel costs are the largest component of local budgets - representing 70%ofe expenditures across cities, towns and schools. With municipal budgets supported primarily byp property taxes, the League believes that municipal officials need greater flexibilityinmanaging: the municipal workforce to reflect the needs of their community, encourage innovation, improve efficiency and control property tax growth. Binding Arbitration Reform & Lifetime Contracts: Binding arbitration for public safety employees and the recently enacted lifetime contract law! havet tiedi the hands of local officials inl balancing their budgets and need tol be reformed. The League supports binding arbitration reforms tol limit the scope of decisions, require mediation prior to arbitration and provide safeguards sO that an arbitration decision cannot endanger a community's finances. Thel League continues to oppose thel lifetime contract law enactedi in 2019 but would upertemporarycontacte extensions when agreed tol by all parties. Fairness for Municipal Disability Pensions: Under current law, the disability pension benefiti for municipal employees and publicsafety personnell is 662/3% ofsalary,t tax-free, eveni ift thei injured individual is abletodoother work. In comparison, disability pensionsi for state employees andt teachers ared only 50%if the personi is abletodootherwork This expensive doubles standardi isunfairto local propertytaxpayers whomust payl higher benefitsforn municipalemployees. Extend Injured on Duty Reforms tol Municipalities: The League supported state reforms in 2019t toinjured-on-duty (IOD) benefits but believes they should applyt to municipal employees = notj just state employees. Rhode Island's IOD law grants an injured or sick municipal police officer ori firefighter 100% of pay and benefits while he/she is incapacitated and throughout the disability pension application process, including appeals. Many cities and towns payi full IOD salary and benefits to employees for many years, while also paying overtime tocover the vacant positions. We supporti including municipal employees in reforms tol limiti the: amount oft time that people can receive IOD benefitsandto Increase Accountabilityi for Lawl Enforcement: Thel Leaguel has made several recommendations toi improve thel Law Enforcement Officers' Bill of Rights (LEOBOR). We: supporte extending the period for officer suspensions; expanding thel LEOBORI hearing board and making it astanding committee to ensure the uniform application ofs standards and discipline across cases; and allowing municipal and police officials to discuss certaininvestpgations publicly. provide greater accountability ofthe program. 2 Property Taxes Property taxes represent two-thirds of local revenues. Tofund essential government: services, cities and towns need to preserve their ability to assess Tangible Taxl Reform: Items taxed as tangible personal property are self-reported by businesses and resultinrelatively small amounts of revenue for communities, particularly taxreceipts from small businesses. Reforming thei tangible tax structure will support small businesses, which have been struggling since thel beginning of the COVID-19 pandemic, improve the local economy and streamline municipal tax collection. Our membersstrongly encouragel including tangible taxi reform int thel FY 2023 budget; enabling cities and towns to create/increase: as small business Tax Capl Exception for New Growth: Rhode Island General Laws limit municipal property taxl levy growth to 4.0% annually, with several exemptions outlined in $44-5-2(d)4. Some members have expressed that the exemption language is too narrow, particularly for newhousingor commercial developments. League members would liket to seeamended language, similar wording as defined in Massachusetts law, whichi includes properties withincreasedi valuations due to development, exempting real propertyreturned tot thei tax roll and new personal property, as well as new subdivision parelisandcondomihtum: conversions to allowi for additional and collect propertytaxes as efficiently as possible. cxemptonwthnomihimum or maximum value. development. Car Tax Phase-Out: The motor vehicle tax phase-outl has become an important tooli tol lessen the burden on property taxpayers, with thes state reimbursing municipalities fori forgone revenue. The program has been successfull linreducing car taxesi in Rhode Island tol lower than in Connecticut: and Massachusetts. If the Governor and General Assembly leadership decide to pause or modify the phase-out, the League asks that any changes should be enacted and communicated as soon as possibles sot thatmunicipalities: can plan revenues State-Mandated Tax Exemptions: Over they years, state lawmakershave enacted or proposed various property tax exemptions, which may be well- intentioned, but which also erode thel local taxl base. The League believes that any property tax exemptions should bei fullyr reimbursed by the: state for the annual value oft taxes lost. Alternatively: such enactments should be enabling rather than mandatory soi that the city or town can choose whether to offer the and minimize disruption to taxpayers. 3 exemption benefit. Fiscal Restraint & Financial Success With Rhode Island having the eighth highest property tax burden in the nation, municipal officials are working hard to stretch local tax dollars and avoid large taxi increases, especialywhensomany, Rhode Islanders are Cities andi towns! havel led the wayi inl budget restraint, supported by sound fiscal management and improved state funding for education. In! FY2022, propertytaxes across all communities increased only 2.10%. This continues: at trend of restrained propertytaxgrowth - 1.49% growthi in FY2021, 2.95%, growth in FY2 2020, 2.10% inFY2019,1.999 in FY2018, 216Xinnfy201721081 inl FY2016, and 1.64%1 in Y2015.Sustained state aid tor municipalities ist the most important ingredient in allowing municipal leaders to continue carefulstewardship: oft their budgets. struggling. Recent Trend of Restrained Property Tax Growth FY2022. 2.10% FY2021. 1.49% FY2020. 2.95% FY2019... : 2.10% FY2018.. 1.99% FY2017... 2.18% FY2016. : 2.10% FY2015.. 1.64% Maintain funding for Distressed Communities: This program assists communities that havel high propertyt tax burdens relative toi thev wealth of their taxpayers, including Central Falls, Cranston, North Providence, Pawtucket, Providence, West' Warwick and Woonsocket. Fullyfund the Payment In-Lieu of Taxes (PILOT) program: With moret thana dozen communities hosting tax-free entities like state facilities and non-profit hospitals and colleges, PILOT bridges the gap between lost taxi revenues and local spending on necessary: services, like police and fire, that are provided to thoseinstitutions. Wes strongly encourage the PILOT program tol bet funded at thef full 27.0%. Oppose Agency' Scoops": The League consistently opposes taking funds from quasi-governmental organizations as aone-time resource to close the state's deficit. Many oft these programs - such asi the RI Resource Recovery Corporation, RI Infrastructure Bank and RI Health and Education Building Corporation - arei funded by municipal fees, SO agency scoops would effectively use city and towni funds to close the: state deficit. Education Aid Education spending represents the single largest budget item in most communities. With distance learning costs from COVID-19, local budget challenges and the prospect of Federal assistance for schools, the League calls for additional supportandi flexibility in state education spending. With thee education funding formula coming to an end, we. support the state's continued commitment to: schools. As the: state considers the next phase of Fullyfund Education. Aid and Address Funding Formula concerns: In 2010, state government committed to an equitablet funding formula for public education. Municipalities andi the State have since stepped upi toi invest even moreinour: studentsi to benefit the future of Rhode Island and our workforce. FY: 2021 represented thet tenth andi final year of the education funding formula, and we ask that thes state maintain as strong commitment to education aid in FY2023 = bothi inthei funding formula and important categorical programs such as high-cost special education andi multilingual learners. Provide temporaryrelefifisahol districts experience ongoing decreasesi in enrollment and Free/Reduced-Price lunch programs: The approved FY 2022 budget made accommodations to address educationfunding: shortfalls driven byreductomsinemoliment: and Free/Reduced-Price lunch as a result oft the COVID-19 pandemic. As enrollment around the state continues to decrease, we: ask that similar accommodations. are made int the FY: 2023 budget to thef formula, we ask the following: smooth any decreases to communities. Increase thes state share of teacher pension contributions above the current 40% level: Rhode Island is one of only two states in New England where the state does not contribute 100% of the required pension.contributions: for teachers. Increasing the state share would provide greater paritywithl New England and provide local budget relief. 5 Housing & Land Use Local leaders have remarked that the lack of available, affordable homes is limitingjobs growth and economic development. While zoning and land use should remain al local decision, the state can work with cities and towns to encourage housing construction and rehabilitation. We are supportive of examining the barriers to affordable housing creation and ways to help cities and towns meet theirc obligations under the Low- and Moderate-Income Housing, gAct to ensure that at least 10% of their housing stockq qualifiesas Expand definition of qualifying affordable! housing: League members have noted the role of housing options such as manufactured housing, alternative dwelling units (ADUS) and affordable market-rate housing providing affordable housing options. This would provide morefl flexibilityi toachieve the state's affordable. affordable housing goals. Modifying maximum tax on low-income property: Thel League will continue tos support legislation that would increase the maximum tax on qualifying low- income propertyi from 8% of the previous year's gross maximum rental income to 10%0 ofthep prospectivey year's gross scheduled rental income. Land Use and Development: Cities and towns = through their elected officials and planning and: zoning boards - should decide how! best to promote growth and economic development while meeting ther needs oft their residents. In recent years, the General Assembly has considered legislationi to limit local control on permit approval timelines, building heights and densityrequirements. The League will continue tos supportreasonable modifications to existing land use standards whiler rejectingstate-imposed criteria that hinder local input. Local Control & State Pre-emption While local aid, workforce management and property taxes remain the League's highest priorities, cities and towns are also deeplyconcerned. about efforts to undermine local control over land use, business licensing and other important policy areas. The League opposes state preemption and one-size- Marijuana: Marijuana legalization would havel health, publics safety and workforce management impacts in our cities and towns, and local officials must determine the right approachi for their communities. The League will scrutinize any proposals to expand marijuana distribution and sales to assure thatl local regulatoryrightsa are maintained and that cities andi townsreceive an appropriate portion of revenues generated. Wel believe that any legalization proposal should includei thefollowing: fits-all approaches for each of our distinct communities Cities and towns should be ablei to opt-out through their respective.councils Cities and towns should directly receive atl least a 3% local sales tax. Any state licensing authority should set reasonable limits oni the number and location of licensed establishments and ensurei that all facilities comply with local zoning, public safety and other relevant requirements. rather thant through al ballot referendum. Executive Board of Directors 2021/2022 PRESIDENT Charles A. Lombardi Mayor; North Providence VICE-PRESIDENTS Lisa Baldelli-Hunt Mayor; Woonsocket Jorge O. Elorza Mayor; Providence Andrew Nota Town. Manager; East Greenwich JamesTierney Town. Manager; Narragansett EXECUTIVE BOARD MEMBERS Shawn. J.I Brown Town. Administrator, Middletown Steven Contente Town. Administrator, Bristol Bob DaSilva Mayor; East. Providence Denise DiFranco Council President, Foster Kenneth Hopkins Mayor; Cranston Kate Michaud Town Manager; Warren Tim McCormick Council. Member; Scituate RobertL. Mushen Council. President, Little Compton Jeffrey. J. Mutter Mayor; Cumberland Joseph. J.Nicholson,Jr. City Manager; Newport Karen Pinch Town. Administrator, Richmond Joseph M. Polisena Mayor; Johnston L.I Maria Rivera Mayor; Central Falls Randy R. Rossi Town Manager; Smithfield Mark S. Stankiewicz Town Administrator; Charlestown Michael C. Wood Town Manager; Burrillville PAST PRESIDENTS 8 Donald R. Grebien Mayot; Pawtucket A.Ralph Mollis Town. Manager; North Kingstown RHODE ISLAND LEAGUE OF CITIES AND TOWNS Distinctive Communities, Powerful Alliance The Rhode Island League of Cities and Townsi is a private, nonpartisan, nonprofit association of cities andi towns formed in 1968 toadvocate: the interests of cities and towns before the state legislature, federal and state agencies, and to improve the effectiveness ofl localgovernmenti int the state of Rhode Island. PUBLICPOLICY, ADVOCACY government MEMBERSHIP PROGRAMS cities andt towns INTERGOVERNMENTALRELATIONS PUBLICA AWARENESS otheri institutions MEMBERSHIPI EDUCATION Lobbyingf for public! policies that benefit and strengthen! local Explorationa andi implementatonofsenvices and programs tol benefit Promoting: stable and productive! intergovernmentalrelationships Promotion ofi increased understanding: and supportf fort thel benefits and value of strongl local government witht ther media, the general public, and Publications, information, training andr networking opportunities for Fostering: as strong sense ofunity! between: all cities andt townsresulting inacommon: agendat to advance local government interests Advocacyo of local governmentinterests: beforei thel United States Congress andf federal agenciesi isp providedi througha affiliation withi the NationalLeague of Citiesinl Washington, D.C. key elected. and appointed local officials UNITY FEDERAL REPRESENTATION LILECOMPION MDDLETOWN NARRAGANSETT NEWPORT NEWSHOREHAM NORTHKING PROVIDENFE ELD SOUTH OCKET BAF RLAND EAS ONLINCOL OWN NORTI SMITHFIEL ICK WOONS TON CUMB ESTOWN JC REHAM NO VIDENCE LY.WESTGF CHARLESTO ER GLOCES GANSETT N KET PORTS EN WARWIC MILLE CENT ENCE EXETE TOWN NARE LDP PAWTUL ON-WARRE STOL BURRI ICH EASTP COMPTON NCE NORTH OUTHKINGS SOCKET BAF RLAND: EAS ON LINCOL PWNNORTI SMITHFIEL CK WOONS TON CUMB ESTOWN JC REHAM NO VIDENCE YWESTGF CHARLESTO GANSETT CAAITHEE MOND SCIT H WESTWI NTRY CRAN ON JAMES JOREHAM ENCE RICHI GREENWICH OWN COVE TER HOPKIN EWPORT PORTSMOL EN WARWIC LLVILLE CE VIDENCE MIDDLETO ORTHSMITE STOWN TIV IGTON BRIS GREENWICH LITTLE CO OVIDENCE OUTHKING ET BARRING RLAND EA HNSTON GSTOWN TUATE SMIT STWARWICK NTRY CRAN ON JAMEST JOREHAM ENCE RICHI GREENWICH OWN COVE TER HOPKI EWPORT PORTSMOU EN WARWI LEVILLE E VIDENCE MIDDLETO RTHSMITH REENWICH ISLAND MUNICIPAL ANTATIONS PRDDE ARNS Drawings by CUMUERLAND Harold Bowditch BARRINOTON JAMESTOWN ) JOuNsrON NEWPORT RICHMOND D SCITUATE BRISTOL. EAsT GREENWICH NORTI KINESTOWN BURRILVILLE EAsr PROVIDENCE LINCOLN NORTI PROVIDENCE SMITIFIELD CENTRAL FALIS ExETER LITTLE COMPTON NoRTI! SMTIFIELD Sourn! KINGSTOWN CHARLISTOWN FOsTER MIDDLETOWN PAwrUCKET TIVERTON COVENTRY GLOCESTER NARRAGANSETT PORTSNOUTIL WARREN CRANSTON HOPRINTON Nrw SIORELAM PROVEDENCE WARWICK WEsT GREENWICII WEsT WARWICK - WISTERLN WOONSOCKET G ER_GLOCES PdhROOER WILLIAMS TAESS.EA. Jelnca KET PORISMOUTH PROVIDENCE RICHMOND SCITUATE SMITHEELD OUIHE KINGSTOWN TIVE EN WARWICK WESTERLY WE Rhode Island League of Cities and Towns SOCKET BARRINGTON BRIS NCE EXETER FOSTER GLOCES 401-272-3434 www.rleague.org HNSTON LINCOLN ITTLECOI OWN NARRAGANSETT NEWPORT NEWSHOREHAM NORIHKINGSIOWAN NORIHIPROMDENCE MLLE CENTRAL FALLS OmeslaleStrect.sunte 502, Providence, RL02908 LAND RI League of Cities and Towns Sample Resolution - 2022 Legislative Priorities January: 26, 2022 RESOLUTION OF THE [NAME OF MUNICIPALITY INS SUPPORT OF RHODE ISLAND LEAGUE OF CITIES AND TOWNS 2022 LEGISLATIVE PRIORITIES WHEREAS, all 39 cities and towns are members ofi the Rhode Island League of Cities and Towns; and WHEREAS, the Rhode Island League of Cities and Towns serves as a convener and advocates to the Governor and General Assembly to support the needs of municipalities throughout the state; and Supporting robust local government fundingt through municipal aid programs, education aid Opposing unfunded state mandates, particularly related to workforce management and Maintaining local control and decision-making that reflects community needs, including Supporting greater flexibility for local government to innovate, improve efficiency and save WHEREAS, the Rhode Island League of Cities and Towns believes in: and grants personnel costs Opposing any constraints on the ability to raise local revenue land use, business operations, licensing, etc. tax dollars; and andi towns; and WHEREAS, there has been an influx of federal aid to support the economic recovery from COVID-19 to cities WHEREAS, stable local and education aid from the state will ensure that cities and towns can maintain WHEREAS, property taxes represent approximately two-thirds of revenue for municipal budgets statewide, WHEREAS, cities and towns continue to face reduced revenues from lower property tax collection rates, WHEREAS, any reduction in state funding would exacerbate that problem, ultimately leading to service WHEREAS, the Rhode Island League of Cities and Towns conducted a survey of all 39 members to develop NOW, THEREFORE, BE IT RESOLVED, that the [City/Town) Council of the [Name of Municipality supports the priorities identified by the Rhode Island League of Cities and Towns on behalf of the 39 cities and towns in Passed as a resolution of the [Name of Municipality] [City/Town] Council this [Date] day of [Month], 2022. municipal operations while investing one-time Federal funds toward necessary capital improvements and economic recovery; and and Rhode Island has the eighth-highest property tax burden in the nation; and hotel and meals taxes and permit and license fees; and reductions, layoffs and property tax increases; and legislative priorities for1 the 2022 session of the Rhode Island General Assembly; and Rhode Island. [Name), President [Name of Municipality [City/Town] Council ATTEST:. [Name], [City/Town] Clerk Coa- I L G E IVE Du FEB 3 2022 By. StayatHOME INLITTLEC COMPTON, INC. Town ofLittle Compton Budget Committee February 3, 2022 Officers Denise Wilkie President Margaret Tirpaeck Vice President Hilary' Woodhouse the 2022 Chairman, Treasurer David Haffenreffer Don! McNaughton Allyson Samson Mary Suttel Denise Wilkie BUDGET REQUEST FOR FISCAL YEAR 2022 STAY AT HOME INLITTLE COMPTON, INC. is requesting a stroke in Board of Directors Budget for SENIOR TRANSPORTATION in the amount of $10,900. Margaret Tirpaeck purchase ofai replacement shuttle-style van, Stay at Home in Little Hilary' Woodhouse Compton, Inc. will schedule riders and assigning drivers for the benefit of With the sale oft the previous Town ofLittle Compton Van and the our Senior Citizens. With the return to some degree ofnormal. regularly scheduled rides to the Little Compton Community Center luncheons, shopping trips bi-weekly Advertising for these services appear weekly in the Sakonnet Times to Market Basket, and additional events will continue. publication. Respectfully Submitted, Avealhlha, Denise. A. Wilkie, President buayagpla MargaretN M. Tirpaeck, VP, perations ensc@staatiomencor agart@atyatihomencong Stay At Home in Little Compton, Inc. 401-592-0342 Cc: Robert Mushen, President, Little Compton Town Council Antonio Teixeira, Town Administrator George Crowell, Chair, Budget Committee 41 Meeting House Lane Little Compton, Rhode Island 02837 . Office 401-592-0342- www.stayatnomennttecompion.org ComM-I RECEIVED JAN 28 2022 Grant Request Thei information requested below will be used to assist the Little Compton Town Council in determining its support for annual grant requests: Name ofOrganization: East Bay Community Action Program EBCAP)Address of Organization: 19 Broadway, Newport, RI 02840 Chief] Executive: Dennis Roy, President and Chief] Executive Officer Point of Contact: Jim Dealy, Grants Writer Is your organization recognized by the IRS as a 501 (C)(3) tax exempt entity? Yes How many years has your organization existed: New Visions for] Newport County, Inc and SelfHelp merged in June 2004 to create East Bay Community Action Program, New Visions and SelfHelp both existed as separate entities for approximately 40 years prior to the merger. What types ofs services does your organization provide: Head Start, Early Head Start and Child Care Integrated primary and behavioral health care and dental services including thel East Bay Smiles and Molar Express community based dental programs for children. Women, Infants and Children Supplemental Feeding Program (WIC) Social services information and referral, emergency housing assistance and food pantries Heating and Energy Assistance, weatherization, appliance management Ocean State Dining Program - meals in a social setting for senior citizens program and boiler replacement program Retired and Senior Volunteer Program, Foster Grandparents Program and Senior Citizens case management services Adult literacy services - GED and English as a Second Language Career training for youth and adults, including the RI Works program Healthy Families America and Parents as Teachers family home visiting program Baby Steps - a community-based literacy program for children 0-3 and their families. Before and after school licensed child care and enrichment programs for elementary school children The primary sites for services for Little Compton residents are the] EBCAP Center at 1048 Stafford Road, Tiverton; our main facility at 191 Broadway, Newport and our Health Center at 6 John Chafee Boulevard, Our site at 1048 Stafford Road, Tiverton houses our food pantry; social services and basic human needs programs; our WIC program; heating and energy assistance and one Head Start classroom. Our health services center at 6. John Chafee Boulevard in] Newport houses primary health care, the WIC Program, behavioral health services and al health family advocate. The residents of the Little Compton continue to benefit from the many services offered by EBCAP ati its main facility. = 19 Broadway, Newport. Our Family Center at this location offers social service information and referral; assistance with enrolling in health insurance; emergency food pantry:special holiday programs, the fuel assistance program; Healthy Families America, Parents as Teachers and Head Start home visiting programs; youth counseling services; and our Education and Career Pathways job readiness and training program. In addition, our family dental clinic at 19 Broadway, continues to provide the residents ofLittle Compton with a full range of emergency and preventative services. How many Little Compton residents are served annually by your organization: Please see attached 2021 annual Hown many staffmembers (either paid or volunteer) does your organization have? 519 employees and approximately 400 volunteers in 2021. How many residents ofLittle Compton are employed by EBCAP? report of services for Little Compton residents. Three What is your organization's total annual budget? $43,845,247 Whati ist the allocation ofbudget for services to. Little Compton? EBCAP does not allocate funds by municipality. Do you wish to appear before the Town Council or the Budget Committee to describe your program: needs? We would welcome the opportunity. Please enclose a copy of your current budget and forward to' Town Council President, Town ofLittle Compton, PO: Box 226, Little Compton, RI 02837 East Bay Community Action Program 7/27/2021 Board Approved FY 2022 Annual Budget-S Sources & Uses of Funds Executive Summary Sources of Funds Revenue & Support Grant Revenues Other Income $ 24,388,617 19,328,963 403,707 268,960 44,390,247 29,968,451 6,250,643 2,706,404 164,285 1,323,353 483,210 71,553 304,285 381,902 265,322 1,216,740 709,100 43,845,247 545,000 1,508,685 2,053,686 (1,508,685) (545,000) 0 Program Income less Contractual Allowance Donations & Foundation Support Total Sources of Funds Uses of Funds Program Expenses Personnel Contracted Services Supplies Travel Facilities Furniture and Equipment Program Activities Staff Development & Training Client Expenses Insurance General & Administrative Capital & Operating Reserves Total Uses of Funds for Operations Sources of Funds > (s) Uses of Funds for Operations before Capital Funding & other Sources (Uses) of funds Capital Grant Funding Capital Grant Funded Project Costs Capital Projects Funded From Operations Sources > (<) Uses of Funds, net $ No depreciation is reported with Sources & Uses of Funds presentation. EBCAP Services to Little Compton Residents in Calendar Year 2021 Residents employed by EBCAP Total wages 3 $104,632 40 $39,540 4 8 2 10 16 10 4 # Households getting heating assistance Total heating payments # Households getting AMPS # Households getting food assistance # Basic safety net assessments, referrals # Individuals getting WIC # Family practice medicine patients # Dental patients # Behavioral health clients Coma-) RECEIVED JAN 212 2022 2022 Federal Certification Review State Planning Council - Metropolitan Broc Brid ofthe Pawluckft Providences HOD 4AND Richmond jopkinton Planning Organization fort the Providence, RI = MA Transportation Management Area Overview At least once every four years, the U.S. Department of Transportation (DOT) must certify that al Metropolitan Planning Organization (MPO) serving a Transportation Management Area (TMA)- - an urbanized area with a population over 200,000- - is carrying out the metropolitan transportation planning process in adherence with federal requirements under 23 U.S.C. 134 and 49 U.S.C. 5303. The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA)J jointly conduct this review, make a certification determination, and produce a report that may include compliance issues (corrective actions), areas for improvement recommendations), and/or notable practices commendations). Based on these findings, the MPO will either be "certified," "certified with conditions or restrictions," or "not certified". Providence, RI - MA TMA Designated MPO: State Planning Council Staffed by: RID Division of Statewide Planning Comprised Of: nGAIgIGuHTA Resanalvsud OtherAdUsOrs dor - PAA bPhnigCouncD. Metropolitan Transportation Planning Process Ac continuous, cooperative, and comprehensive (3-C) process that informs transportation decisions, including how projects are: selected and prioritized fori implementation within a region. With limited funds, thisi is critical for prioritizing regional needs andi identifying projects that best meet performance goals and objectives while providing public benefit. The process assists in developing at framework fori thet future transportation system. 3-CI Planning Process Continuous: Regularly addressing short-term needs and long-term regional goals Cooperative: Involving all interested parties through a public participation process Comprehensive: Multimodal in scope and consistent with other regional and statewide planning products andi federal planning factors Four Key MPO Planning Documents Please note that there are other federal requirements applicable to MPOS, however these arej four core planning documents that frame the metropolitan transportation planning process. Unified Planning Work Program (UPWP) Lists transportation tasks, products, and associated costs that MPO staff and other responsible parties will perform to support the metropolitan transportation Public Participation Plan (PPP) Documents public involvement strategies that provide the general publica and planning stakeholders with meaningful opportunities to influence transportation decisions throughout planning process. Updated annually the planning process. Updated as needed Stote ofR Rhode Island MPO UPWP Public Parlic otion Plon PPP State ofRhode.lsland. TRANSPORIATION: IMPROVEMENT PROGRAM- 020 STIP MTP LONGRANGE TRAISPORIATIONFIAN METROPOUIAN RAISPORTATONFLAN MOV FORWARI br RPA Metropolitan Transportation Plan (MTP) Establishes regional goals, strategies, projects, and priorities for an integrated intermodal transportation State Transportation Improvement Program (STIP) Also known as al Long Range Transportation Plan (LRTP) years. Projects reflect investment priorities from the MTP and system that reflect current andi future demand over at Identifies transportation investments, and associated costs, by year fori implementation ini the region over the next 4 Updated regularly; New: STIP prepared at least every 4 years activities from thel UPWP. least 20 years. Updated everyf four years Things to Think About... What are: some challenges? What are: some strengths? Doy you feel you understand how the planning process works and how to get Doy yout feel like you have adequate opportunities to participate and be heard? How is the Process Going? We Want Your Input! FHWA: Randy' Warden, FHWAI Rhode Island Division randywarden@dotgoy or FTA: Leah Sirmin, FTAI Region 1 leahsimmin@dot.gov. or What are you views on the planning process? Written comments can be submitted by! February 25, 2022 to: 380 Westminster Street, Suite 601; Providence, RI 02903 55 Broadway, Suite! 920; Cambridge, MA 02142 Comments can also be: submitted on-line using Smart Comment: tslbamoba.dcmmentnutsomGEiGN involved? Si desea estai informacion en espanol por favor mande un correo electronicoaa audyDendgo@dotgov con sui informacion. Federal Highway Administration Federal Transit Administration 380 Westminster Street, Suite 601 55E Broadway, Suite 920 RID Division Providence, RIC 02903 (401) 528-4541 (401) 528-4542 (fax) Regionl Cambridge, MA 02142-1093 617-494-2055 617-494-2865 (fax) U.S. Department of Transportation Public Input Opportunity Come share your views about the transportation planning process Federal law requires every metropolitan area with aj population over! 50,000 to have a designated Metropolitan Planning Organization (MPO) to qualify for receipt of federal highway and transit funds. The State Planning Council (SPC), which is staffed by the Rhode Island Department of Administration's Division of Statewide Planning, is the designated MPO responsible fort transportation planning in the State of Rhode Island. Every four years, the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) are required to review the metropolitan transportation planning process conducted by the SPC, along with its state and local partners, in order to certify that they are carrying As part of this review, the Federal agencies would like to hear from members of the public regarding Comments can be offered at the virtual public meetings conducted by FHWA and FTA, which are to in Rhode Island! out the process in accordance with all applicable Federal requirements. how thet transportation planning process is conducted int the region. bel held during the regularly scheduled meetings oft the: State Planning Council February: 10, 2022 at 9:00A AM Transportation Advisory Committee February 17, 2022 at! 5:30 PM Please visit the Division of Statewide Planning website. for meeting location and/or. Zoom log-on Ifyou are unable to attend, you may also submit your comments or observations in writing at Additionally, feedback on the planning process may be submitted to either of thet federal contacts information at Atp/wwwpbmharige toslaamohadcommentoutcom/AENG below: Federal Contacts: FHWA: Randy Warden FTA: Leah Sirmin 380 Westminster Street, Suite 601 Providence, RI 02903 Email: andywardenedotgov 55 Broadway, Suite 920 Cambridge, MA 02142 Email: leahsirmin@dot.gov All Comments must be received no later than 4:00 pm on February 25, 2022. The meeting location is accessible to handicapped persons and individuals with disabilities. Any individual requiring accommodation to participate in this meeting should contact Lisa Middleton at 401-222-2180 (voice) or #711 (R.I. Relay) as soon as possible. Any individual requiring the services of an interpreter should contact Benny Bergantino at. 222-1755 (voice) as soon as possible. Federal! Highway Administration Federal Transit/ Administration 380 Westminster Street, Suite 601 55E Broadway, Suite 920 RID Division Providence, RIC 02903 (401)5 528-4541 (401) 528-4542 (fax) Regionl Cambridge, MA 02142-1093 617-494-2055 617-494-2865 (fax) U.S. Department of Transportation Oportunidad para que el publico opine Venga a compartir sus ideas con respecto al proceso de planificacion para transporte en el estado de Rhode Island Las leyes federales requieren que cada area metropolitana con una poblacion de mâs de! 50,000 habitantes tenga designado una Organizacion de Planificacion Metropolitano (OPM) (en inglés Metropolitan Planning Organization (MPO)) para calificar por fondos monetarios federales de carreterasyt trânsito. El Consejo de Planificacion Estatal, es la organizacion designada por ley federal como la Organizacion de Planificacion Metropolitano (OPM) responsable por laj planificacion de transporte en Rhode Island. La Division de Planificacion Estatal del Departamento de Administracion de Rhode Island, provee el personal para el OPM. Cada cuatro ahos, la Administracion Federal de Carreteras (en inglés Federal Highway Administration (FHWA)) y la Administracion Federal de Transporte (eni inglés Federal Transit Administration (FTA)) estân obligados al hacer un anâlisis del proceso de planificaciôn metropolitana det transporte que lleva a cabo el Consejo de Planificaciôn Estatal junto con: sus asociados de los gobiernos locales y estatales. Para asi certificar que estén Como parte del analisis, las agencias federales desean oir las opiniones del publico con respectoa Puede dar sus opiniones en la reuniôn virtual conducido por la Administracion Federal de Carreteras y la Administracion Federal de Transporte, que se llevaran a cabo durante las reuniones regulares de cumpliendo con el proceso de acuerdo con los requerimientos federales. como el proceso de planificacion dei transporte es conducido en la region. las entidades que siguen: Consejo de Planificacion Estatal 101 febrero 2022 al las 9:00 AM Comité Asesor de Transporte 17 febrero 2022 al las 5:30 PM Pori favor visite la pagina web de la Division de Planificaciôn Estatal para averiguar a donde: se llevarà a cabo la reuniôn o para conseguir lai informacion de entrada para el programa Zuma a tep/Pwwpamangngoy, Si no puede asistir al las reuniones, puede someter sus comentarios u observaciones por escritoa ntps/bhmoh.dcommentiputcom/essN Ademàs, puede dirigir sus comentarios sobre el proceso de planificacion a cualquiera de las agencias federales como sigue: Contactos del las agencias Federales: FHWA: FTA: Nombre: Randy Warden 380 Westminster Street, Suite 601 Providence, RI 02903 randywardenedotgov Nombre: Leah Sirmin 55 Broadway, Suite 920 Cambridge, MA 02142 leahsirmin@dotgoy Todos los comentarios deben ser recibidos a màs tardar al las 4:00 pm el 251 febrero 2022. Ellugar de lai reunion es accesible a personas minusvdlidas ei incapacitadas. Las personas que requieren acomodacion especial para atender al la reunion pueden ponerse en contacto con Lisa Middleton al 401-222- 2180 (voz) 0 al#711 (Relé RI) lo mds pronto posible. Personas que necesitan los servicios de uni intérprete por favor comuniquense con Benny Bergantino al4 401-222-1755 (voz) lo mds pronto posible. ComM-3 G EIVIE JAN 31 2022 By TOWN OF TIVERTON RESOLUTION 2022-0002 RESOLUTION REQUESTING AMENDMENTS TOTHE RHODE ISLAND GENERAL LAWS RELATED TO NOTIFICATION OF AQUACULTURE APPLICATIONS BEFORE' THE COASTAL RESOURCES MANAGEMENT COMMISSION (CRMC) WHEREAS, The' Town ofTiverton is a coastal community whose residents enjoy access to ocean and otheri related waterbodies for thej purposes ofrecreation, fishing, boating, and other water-type WHERLAS, over the last several months, the Rhode Island Coastal Resources Management Commission (CRMC) has considered and reviewed applications for private commercial WHEREAS, Rhode Island General Laws posit the approval of all such applications solely in the WHEREAS, approval of such applications is subject to a public hearing requirement as set forth WHEREAS, residents of Tiverton, including but not limited toj property owners, have petitioned the Tiverton Town Council regarding their lack of knowledge and/or notice of such public WHEREAS, int the spirit of openness and transparency, the Tiverton Town Council believes that the current notice requirements for approval of coastal aquaculture. applications isi insufficient and Now, therefore, the Tiverton Town Council hereby by Resolves and Petitions the General Assembly legislative delegation from the Town ofTiverton to seek amendments to R.I.G.L. 20- 1. The CRMC, or an applicant before said body, is required to give actual written notice to any owner of property within 1,000 feet from the boundary of any proposed aquaculture 2. The CRMC, 01 an applicant before said body, is required to publish a large block-style advertisement in any newspaper of general circulation notifying the public of any such aquaculture project that is before that body, said advertisement toi include the dates of any such public hearing and ai map showing thel location ofa any such aquaculture project; and 3. Any other additional measures that will ensure full public notification of any pending recreational activities; aquaculture farms in Tiverton's coastal waters; and jurisdiction oft the CRMC; and in] R.I.G.L. 20-10-5(e); and hearings; and does not adequately protect thej public'si interests; 10-4 and 20-10-5 which will ensure: project; and applications; and 4, Upon passage oft this Resolution, the Tiverton Town Clerk isi requested to send a certified copy ofthis Resolution to each and every member oft thel Rhode Island General Assembly who represents the Town ofTiverton and to all coastal Cities and' Towns in] Rhode. Island. Introduced by: Councilor Edwards Date: January 24, 2022 January 24, 2022. Read and passed by a vote oft the Town Council at the Tiverton Town Council meeting of Town Clerk GRCLKE Cositl RECEIVED JAN 24 42 2022 January 24th, 2022 Little Compton Town Council 40 Commons Little Compton, Rhode Island 02837 Good morning Gentlemen. Iwas unable to get online for the recent town hall zoom meeting. You can't imagine my shock after going to bed knowing the most recent flag policy was a foregone conclusion. Passing the final proposed policy would confirm my mere existence set people's hair on fire. The visibility expected by some of these 'kids' today likely drives some people to distraction as well. These kids today, I'll tell you, *shakes head* dragging me out oft the comfort of invisibility provided by living ati the end of a dirt road. I've written two notes to you all, both unsent and deleted. One was earnest and hopefully reasoned. The other was more along the lines, "Are you kiddin' me? This?" Icannot thank you enough for eventually supporting the existing reasonable flag policy. That, over the objections of a minority of folks who wanted to beat us back into our place, wherever that is. Thank you especially for not forcing us to live in a town where town policy was weaponized against a group of its citizens. Their only 'offense' was having a picnic with cold pizza and warm sodas on a Sunday afternoon, to which all Iwas equally sorry the Armenian flag would no longer hang as a reminder of the million-plus lost souls at the end of World War I. Too few remember the Armenian genocide under the boots ofi the Ottoman Empire. Flying that flag is a perfect response tot the continued outlandish denial of the Turkish Government that they massacred over one million Armenians. They committed that atrocity. You folks should be proud of yourselves for approving that flag. I am further proud of the town for flying it. Finally, while I may not agree with a flag or other decisions you all make in the future, I know they will be robustly discussed and honorably decided. Again, great thanks. So be it. Neither was a thank you note. This note is. were welcome. Chip McLaughlin Losat 2 RECEIVED JAN 20 2022 2021-64 THE TOWN OF MIDDLETOWN RESOLUTION OF' THE COUNCIL Resolution Prioritizing Quality Education for Middletown Students, Families, and Residents WHEREAS, the Town of Middletown wishes to dramatically improve educational WHEREAS, the people of Middletown have expressed a strong desire for the further WHEREAS, the Rhode Island Constitution provides that "The diffusion of knowledge, as well as of virtue among the people" is "essential to the preservation of their WHEREAS, education is thel best pathway to securing future prosperity for our children WHEREAS, a high performing educational system can attract new families and new investment to Middletown, and is an important component to Middletown being recognized as a WHEREAS, Middletown is not currently ranked as one of the top performing school districts in the state, but has dedicated and creative teachers, administrators, parents and residents who can contribute in a variety of ways, great and small, to increasing the success of our schools WHEREAS, whereas the Middletown School Department is expanding the ways it delivers public eduçation to: its students, through innovative programs such as such as the) Beyond outcomes and the quality oflife for Middletown residents; and improvement and development ofMiddletown's educational system; and rights and liberties", and our town, at at time when we face extraordinary economic challenges; and great place to live; and and all Middletown students; and the Bell and others that are addressing areas ofneed; and WHEREAS, ensuring that all students have access to high-quality and personalized support from adults, through extended learning, before and after-school partnerships, and summer learning opportunities is an absolute priority identified in the Rhode Island Department of WHEREAS, the demand for "Out of School Time" ("OST") programs is sO great that two out of every three families cannot find or afford afterschool and summer learning programs in WHEREAS, to address these needs, the Middletown Town Council has established a Department of Children, Youth & Learning ("CYL"), with a goal of increasing educational Education's LEAP Task Force Report; and Rhode Island, and as a1 result, therei is an urgent need for OST programs; and opportunities inl Middletown; and WHEREAS, creating municipal learning programs through the CYL will allow Middletown to supplement the programs currently offered to its students, to identify and target areas of unmet need, and to offer OST educational opportunities that allow all students to learn, NOW, THEREFORE BE IT RESOLVED, the Middletown Town Council proclaims a Declaration of Education to commit and align resources across governmental institutions and community based organizations, and pledges to work collaboratively with thel Middletown School Committee to identify areas of need, funding opportunities and programs that will improve the Middletown School system fort thel benefit ofall Middletown students, families and taxpayers; and BE IT FURTHER RESOLVED, we hereby commit to make the Middletown School System among the very best public education systems in Rhode Island, and further commit to ensuring that our students are competitive with other students across New England, the nation and the world, and honor this commitment by establishing the' Town of Middletown as a community BE IT FURTHER RESOLVED, we. hereby resolve to work together to foster a culture ofinnovation, collaboration and increased awareness of learning opportunities for all community BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to every Rhode Island Municipality, our State Senator, our State Representative, and the Governor. grow and lead. focused on the value of an excellent education; and members who live in the town in Middletown; and December 20, 2021 READ. AND PASSED IN COUNCIL Wendygal Mashell Wendy. J. W. Marshall, CMC Town Clerk Consit3 GED W El FEB 32022 STATEOPRHODEBLAND By DEPARTMENT OF ADMINISTRATION DIVISION OF STATEWIDE PLANNING Statel Planning Council 2351 Promenade Street, Suite 230 Providence, RI 02908 Office: (401)222-7901 Fax: (401)222-2083 TRANSPORTATION, ADVISORY COMMITTEE FFY 2022-2031 State' Transportation Improvement Program PUBLICNOTICE Minor Amendment #2 The State Planning Council's Transportation. Advisory Committee (TAC) is accepting written comments on a proposed Minor Amendment, classified as Amendment #2, tot the FFY 2022-2031 State Transportation Improvement Program Thel Minor Amendment has been requested byt thel Rhode Island Department of Transportation (RIDOT) andi the Rhode Island Public" Transit Authority (RIPTA). The Amendment proposes ana addition of $550.81 million over the STIP's constrained period (FFY2022-F FFY2025) and at total addition of $748.43 million over the STIP's 10 years. RIDOT's proposed changes include 152 project changes toi ten (10) RIDOT STIP programs including: 11 project changes int the Active Transportation Program; 341 ini the Bridge Program; 8i ini the Corridor Projects Program; 2i int the Headquarters Operations Program; 7i int thel Maintenance Operations Program; 5in the Major Capital Projects Program;! 581 in the Pavement Program;7in1 the Study and Development Program; 10i ini the Traffic Safety Program; and 6i int the RIDOT Transit Program. RIPTA's proposed changes includes 4 project changes tot two (2) of RIPTA'sSTIP programs: 2 project changes int the Transit Capital Program, and: 2i int thel RIPTATransit Support Operations Program. The proposed amendment is available for review aty www.planning.ri.gov. or by appointment ati the R.I. Division of The TAC willl be requested to act ont the proposed Minor Amendment #2 ati its public meeting scheduled for Thursday, htps/lsowebrcomuslAZBIaaw.AGDVEIMYBRZGUNVIOA Password: 570944 Or by phone at US: +13 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346: 248 7799 or +1 669 9009128 or +1 253:2158782 or 8335 548 0276 (Toll Free) or 833548 0282 (Toll Free) or 8778 853 5247 (Toll Free) or 888 788 (STIP) fort the State of Rhode Island. Statewide Planning's Office between 8:30 a.m. and 4:00 p.m., Monday through Friday. February 17, 2022 at5:30 p.m. The public can participate int the online TACI meeting at 0099 (Toll Free) Webinar ID: 8533 3684: 2260, Passcode: 570944 Written comments must be submitted viat the Online Public Comment Form accessible at tos/Bamnancommentoutcn/e-wA. All comments ont the STIP Amendment must be received by 4:00 on! February: 14, 2022. Thel TAC will not accept oral public comments during the meeting related to Amendment #2. Anyi individual requiring ar reasonable accommodation in order to participate int this meeting should contact Dr. Thomas Mannock at 401-222-6377 (voice) ass soon as possible. Individuals requesting foreign languaget translation services should contact Benny Bergantino at (401)222-1755: atl least five (5) business days prior to the: scheduled. start ofar meeting. 214 LinseyJ. Callaghan February 3, 2022 Secretary, Transportation. Advisory Committee ESTADO1 DERHODE ISLAND DEPARTAMENTO. DE ADMINISTRACION DIVISION DEI PLANIFICACION: ESTATAL Comité de Planificaciôn! Estatal 235 Promenade Street, Suite 230 Providence, RI 02908 Oficina: (401)222-7901 Fax: (401)222-2083 COMITÉ CONSULTIVO DET TRANSPORTE AVISO ALI PUBLICO FFY 2022-2031 Programa Estatal de Mejoras del Transporte Enmienda Menor n.92 EIC Comité Consultivo de Transporte (TAC) del Consejo de Planificaciôn Estatal acepta notas por escrito sobre unal Enmienda Menor, clasificada comol Enmienda n.92, para el Programa Estatal de Mejoras dell Transporte (State Transportation EID Departamento de Transporte de Rhode Island (Rhode Island Department of Transportation, RIDOT)ylaA Autoridad de Transporte Publico de Rhodel Island (Rhode Island Public" Transit Authority, RIPTA) solicitaron lal Enmiendal Menor. La Enmienda propone lai incorporaciôn de unas suma de $550.81 millones durante el periodo restringido del STIP (del anof fiscal 2022 al anoi fiscal 2025) y una sumai total de $748.43 millones durante los 10 ahos del STIP. Los cambios que propone el RIDOT comprenden 152 cambios de proyecto en diez (10) programas del STIP del RIDOT, quei incluyen lo: siguiente: 11 cambios de proyecto ene el Programa de Transporte Activo, 34 en el Programa de Puentes, 86 en el Programa de Proyectos en los Pasillos, 2 en el Programa de Operaciones del la Oficina Central, 7 en ell Programa de Operaciones de Mantenimiento, 5 en el Programa de Proyectos de Capital Principal, 586 ene el Programa de Pavimentacion, 76 en el Programa de Estudioy Desarrollo, 10 en ell Programa de Seguridad' Vialy6ene el Programa de Transporte del RIDOT. Los cambios que propone la RIPTA comprenden 4 cambios de proyecto en dos (2) programas del STIP de lal RIPTA, quei incluyen los siguiente: 20 cambios de proyecto ene el Programa de Capital para el Transportey2 en el Programa de Operaciones de Respaldo all Transporte de Lae enmienda propuesta està disponible para sur revision eny www.plamningrigoyom mediante una cita enl la Oficina de la Ser requerira la: actuacion del TACE en relaciôn con lal Enmiendal Menor n. 2p propuesta, enl la reuniôn publica quet tendrà lugar elj jueves 17 det febrero de 2022, al las 5:30 p. m. Elp publico puede participar enl lar reunion virtual de TAC, en htps/lsousbxcomusl8HZSLaaWwANMODVEIMVBNZGUNUDA Contraseha: 570944 Ob bien, por teléfono en los EE. UU. al: +1 312-626-6799 0 +1 646-558-8656 o +1 301-715-8592 O +1346-248-77990 +1 669-900-9128 0 +1 253-215-8782 us 833-548-0276 (sin cargo) us 833-548-0282 (sin cargo) u 877-853-5247 (sin cargo)u 888-788-0099 (sin cargo). Id. del seminario virtual: 853 3684: 2260, Contraseha: 570944 Las notas por escrito deben enviarse at través del Formulario de notas publicas enl linea, disponible aqui: tbps/Baminstcommemtmaitcon/ewAa. Todas las notas sobrel lal Enmienda del STIP: ser recibiran hasta el 14 de febrero de 2022, al las 4:00. EITACI no aceptarà notas publicas ent forma oral durante la reunion relativas al la enmienda Sinecesita un hospedaje adecuado para participar enl lai reunion, comuniquese con el Dr. Thomas Mannock al 401-222-6377 (por voz)! lo antes posible. Sir necesita servicios de traduccion: a otrosi idiomas, comuniquese con Benny Bergantino: al Improvement Program, STIP) del arof fiscal 2022/2031 para elE Estado del Rhode Island. laR RIPTA. Division de Planificacion Estatal de R.I. de lunes a viernes, de 8:30: a. m. a 4:00 p. m. n.92. (401)222-1755 porl lor menos cinco (5) dias hâbiles antes de una reunion programada. 21 Linsey. J. Callaghan Secretaria, Comité Asesor del Transporte 3dei febrero de: 2022 Csentiy GI - FEB 22022 State of Rhode Island Coastal Resources Management Council Oliver H. Stedman Government Center 4808 Tower Hill Road, Suite 3 Wakefield, RI02879-1900 (401)788-3370 Fax (401)783-2069 PUBLIC: NOTICE File Number: 2022-01-022 Date: February 2, 2022 This officel has under consideration the application of: The Army Corps of] Engineers, New England District. US Army Corps of Engineers 696 Virginia Road Concord, MA 01742 fora a State of Rhode Island Federal Consistency: for the: Replacement and revision oft the. Army Corps of Engineers Rhode Island General Permit for a standard period of 5 years. Copies oft thej proposed General Permit may be seen at the CRMC office in Wakefield or In accordance with the Administrative Procedures Act (Chapter 42-35 oft thel Rhode You are advised thati if you) have good reason to enter protests against the proposed work itis your privilege to do SO. Iti is expected that objectors will: review the application and plans thoroughly, visit site of proposed worki ifr necessary, to familiarize themselves with the conditions and cite what law or laws, ifany, would in their opinion be violated by the work on1 the CRMC web page. Island General Laws) you: may: request al hearing on this matter. proposed. If you desire to protest, you: must attend the scheduled hearing and give sworn testimony. A notice oft the time and place of such hearing willl bei furnished you as soon as possible after receipt of your request for hearing. Ifyou desire to request al hearing, to receive consideration, it should bei in writing (with your correct mailing address, e-mail address and valid contact number) and be received at this office on or before March 2, 2022 Applicant: General Public, State of] Rhode. Island Effective. Date: March?7,2022 Expiration: Date: March?7,2027 DEPARTMENTOFTHEARMY GENERALPERMITSFORTHESTATEOFRHODE ISLANDAND LANDSLOCATEDWITHINTHEBOUNDARIESOFTHE NARRAGANSEITLANDCLAIMSETTLEMENTAREA The New England. District oft thel U.S. Army Corps of Engineers (Corps) hereby: issues twenty-one (21) general permits (GPs), 111 Programmatic Generall Permits (PGPs) and 101 Regional General Permits (RGPs), for activities subject to Corps jurisdictioni in waters oft the United States (U.S.), including navigable waters, within thel boundaries ofthe State ofl Rhode Island, adjacent tocean waters to the seaward limit oft the outer continental shelf, and lands locatedwithin the boundaries ofthel Narragansett Land Claim Settlement. Area. These GPs arei issued in accordance with Corps regulations at3 33 CFR 320-332 [see 33 CFR325.2()2), and authorizes activity-specific categories of work that are similar in nature and cause noi more than minimal individual and cumulative: adverse environmental. impacts. These GPs will provide protection to the aquatic environment andt thej publici interest while effectively authorizing: gactivities that have noi more thani minimal individual and cumulative adverse environmental effects. GENERALCRITERIA In order for activities to qualify for these GPs, they must meet thet terms and eligibility criteria oft the general permits in Appendix A as well as the general conditions in Appendix] B. Projects may qualify for Self-Verification (SV) or Pre-Construction: Notification (PCN). If your project is ineligible for self-verification (SV), itmay be screenedi under PCN or may require an individual permit. Thet thresholds for activities eligible for SV and PCN are defined in Appendix A. These GPs do not affect the Corps individual permit review process or activities exempt from Corps regulation. Tammy R. Turley Chief, Regulatory Division Date Rhode. Island Programmatic General Permits An activity is authorized under GPs 1-21 below only ift thata activity and thej permiteesatisfyall. oft the GPs terms and conditions. 1. Aids to navigation & temporary: recreational structures 2. Repairo ori maintenance ofexistingo currentlyserviceabls, aulivtiedorgandhatiged: structures and 4. Pile-supported structures and: floats, including boat lifts/hoists and other miscellaneous fills, removal of structures structures and work 5. Boatramps and marine railways 6. Utility line activities relocation 3. Moorings 7. Dredging, transport & disposal of dredged material, beach nourishment, rock removal and rock 8. Discharges of dredged orf fill material incidental to the construction ofbridges 10. Aquatic habitatrestoration, establishment and enhancement activities 9. Shoreline and bank stabilization projects 11.1 Fish and wildlifel harvesting activities 12. Oil spill and hazardous material cleanup 13. Cleanup of hazardous andi toxic waste 14. Scientifici measurement devices 15. Survey activities 16. Aquaculture projects and fisheries 17.1 New or expanded developments andi recreational facilities 18. Linear transportation projects - wetland crossings only 19. Stream, river & brook crossings (noti including wetland crossings) 21. Temporary fillr notassociated with any other GP activities 20. Energy generation and: renewable energy generation facilities and hydropowerp projects 2 SECTION1 REVIEW CATEGORIES AND. APPLICATION PROCEDURES WITHIN NON-TIDAL WATERS ACTIVITIES COVERED: The discharge of dredged ori fill material into waters ofthel United States: whichi isi regulated by the Corps under Section 404 ofthe Clean Water Act(CWA), see 33CFR328. REVIEWPROCESS: 1. RIDEM and CRMC Approvals: In order fora authorizations under these GPs to be valid and before commencing: any work within Corps jurisdiction, Section 401(a)(1)ofthe Clean Water. Act(331 USC Sec. 1341)requires that applicants obtain a Water Quality Certification (WQC) or waiver from the state water pollution control agency to discharge dredged ori fill material into waters of the U.S. In] Rhodel Island, thel RIDEM- Office of Water Resources- Water Quality Certification Program RIDEM-OWR-WOO) is the state water pollution control agency. The RIDEM-OWR-WOChas conditionally granted WQCi fora all activities authorized under thesel RI GPs] provided those activities meet the criteria as containedi in these General The work may also need approval from the Coastal Resources Management Council (CRMC) pursuant toi its jurisdiction over freshwater wetlands in the vicinity of the coast, as well as any local approvals, as applicable (see General Condition 1). Fornon-tidal waters that are: not under thejurisdictionc ofthe CRMC (see Section 2), applicants must applyt to the RIDEM, Office of WaterResources, Freshwater Wetlands Program RIDEM-OWR-FWP. Anypermit issued by RIDEM-OWR-FWP may act as the WQC in accordance with Rule 1.15.A.3.d. ofthe RI Water Quality Regulations, 250-RICR-150-05-1. Permits. 2. Self-Verification Review Category a. Notification: An application to thel USACEismotrequired. However, submittal ofa SVNF andi required accompanyingn materials to USACE in accordance with Section 2(c)below,a at least two b. Eligibility Criteria: Activities in Rhode Island and tribal landst that meeti the following criteria weeks] prior to commencementofworkauthorized by these GPs, is required. are eligible under SV ofthis GPifthey: Ares subject to USACE, jurisdiction (see Appendix B, GC2); Meet the SV criteria in Appendix A General Permits; Meet thei requirements ofthe applicable GCs in Appendix B; Meet all other applicable terms and conditions ofthese GPs;and Result in noi more than minimal impacts to the aquatic environment. Project proponents seeking authorization under these GPs by qualifying for SV must comply with all GCs and other relevant: federal laws such as thel National Historic Preservation. Act( (NHPA), the Endangered Species Act (ESA)and the Wild and Scenic Rivers. Act. Consequently, applicant information submittals tol USACEand outside experts such as the Rhode. Island) Historical Preservation 3 and Heritage Commission (HPHC), Thel Narragansett: Indian Tribe (NIT) (see Appendix D) and the National Park Service, is required for SV eligible activities when there is al likelihood ofthe presence of resources of concern and thej proposed work has thej potential to affect these resources. Federal agencies should follow their ownj procedures for complying with the aboverequirements and shallj provide USACE with the appropriate documentation to demonstrate compliance with those requirements for both SV and] PCN: review. C. How to Obtain Self-Verification Verification: Applicants must: (1) Confirm that the activity meets all the applicable SV eligibility criteria, terms and (2) Notify thel RIHPHC and the' Triball Historic Preservation Officers (THPOs) listed in (3) Obtain an Official Species] List off federally threatened and endangered species thatmay (4) Submit the SVNF and its required accompanying materials (see Appendix E)to USACE at least two-weeks prior to start ofprojectconstruction. Digital submittals by email (preferred), CD/DVD orUSB flash drive are strongly encouraged. Please communicate with USACEstaffifyou are unable toj provide a digital copy as allowances will be made. See] Psic-mYNI MamahmemiluaieikcmrCmsstins fori information about oure electronic conditions stated: in 2(b)above; Appendix Dand GC11 fors submission requirements; occurint the activity's action area (see GC12); and submittal process. Email: emerctQuss.ammym. Mail: Regulatory Division - Branch B, U.S.Army Corps of] Engineers, Newl England District, 696 Virginia Road, Concord, MA 01742-2751 (5) RI CRMC or RII DEM will confirm ift the activity is eligible for SV. 3. PCN Review Category a. Notification: Foractivities that are not eligible for SV orv when iti is stated thata al PCNi is required, an application to, and written verification from, USACEis1 required. No work requiringal PCN b. Eligibility Criteria: Activities in Rhodel Island and tribal lands thati meet thei following criteria may proceed until written verification: fromUSACE! has been received. may be eligible for authorization underthese GPs: Are subject to USACE jurisdiction (see Appendix B, GC2); Meet the criteria of] PCNi in Appendix A - General Permits; Meet the requirements ofthea applicable GCsi in Appendix B; Meet all other applicable terms and conditions ofthese GPs; Resulti in no: more than minimal impacts to the aquatic environment, as determined! by USACE: in conjunction with thei interagency review team which consists of Federal and State resource agencies. In somei instances, this may require project modifications involving avoidance, minimization, and/or compensatory mitigation forunavoidable: impacts to C. Applyingf forauthorization through thel PCN process: Applicants musts submital PCN to USACE. Digital submittals by email (preferred), CD/DVD or USB: flash drive are strongly encouraged. Please communicate with USACES staffify you are unablei to provide a digital copy as allowances willl be made. See hmps/awmMcuBsce.am,minisaukealamsahmithellatunic ensure thei net effects ofaj project arei minimal; and 4 Correspondencei forinformationabout our electronic submittal process. USACEstaffwill notify youif apaper copyorlarge-scale drawings arei requiredi fort the evaluation. Email: cmerct@usce.amym. Mail: Regulatory) Division Branch B, U.S. Army Corps ofl Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751 4. Emergency Procedures: Written authorization under these emergency proceduresi isi required. Contact USACE immediately int the event of an emergency to obtaininformation on the verification process and coordination requirements. USACEre regulation at33 CFR325.2(e)(4): states thatan "emergency". is a situation which wouldresulti in an unacceptable hazardt to life, a significant loss of property, or an: immediate, unforeseen: and significant economic hardship if corrective actionrequiringa permit is noti undertaken within at time period less than the normal time needed toj process the application under standardj procedures.") Emergency work iss subject to the samet terms and conditionso of these GPs as non-emergency work, and similarly, mustqualify for authorization under these GPs; otherwise, an Individual Permit shalll bei required. Uponi notification, USACE will determinei ifa aj project qualifies for emergency procedures under the GPs and whether work: may proceed prior to submittal of an application. Where an applicationi is required, USACE staff will work with all applicable agencies to expedite verificationaccording to established; procedures in emergency situations. 5. Individual Permit Procedures: Work thati is NOT eligible for authorization under the GPs as definedi in Appendix A - General Permits and applicable GCs, or that does not meet the applicable terms and conditions ofthe GPs, will require review under USACEI Individual Permitp procedures (see 33 CFR 325.1).. Applicants shall submit the appropriate applicationi materials to USACE. General information andt the application form canl be obtained: at! htp/www.usaceamy.mi/Missions. CivilWorks/RegulatoryProgramandPermits/ObainnaPermit.aspx. 5 SECTION2 REVIEW CATEGORIES AND APPLICATION PROCEDURES FOR PROJECTS WITHIN Navigable Waters: Navigable waters oft the United States are those waters thata are subjectto the ebb and flow oft thet tide and/or are presently used, orhave beenu usedi in thej past, or may be TIDAL, COASTAL. AND NAVIGABLE WATERS susceptible foruse to transportinterstate or foreign commerce. ACTIVITIES COVERED: Work and structures that arel located: in, under or over any navigable water ofthe U.S. (defined at33 CFR 329) that affect the course, location, condition, or capacity ofsuch waters; or the excavatingi from or depositing material ini navigable waters. (Regulated by the Corpsunder The discharge of dredged or fill material into waters ofthe U.S. (defined at33 CFR328), which is regulated by the Corps under Section 4040 of the Clean Water Act(CWA); and Thet transportation of dredged material fort thej purpose ofdisposal int the ocean. The Corps regulates these activities under Section 103 ofthe Marine. Protection, Research and Sanctuaries Section 10 oft thel Rivers and] Harbors Actof1899); Act. See 33 CFR324. REVIEW! PROCESS: 1. RICRMC approvals: In order forauthorizations: under these GPs to be valid and before commencing: any work within Corpsj jurisdiction, applicants are responsible: forapplyingi forand obtaining any oft the following a. Water Quality Certification (WQC): Issuance or waiver under Section 401 oft the Federal CWA (33USC Section 1341). Section 401()(1)ofthe Clean Water Actrequires thatapplicants obtain a WQCorwaiver: fromi the state water pollution control agency RIDEM-OWR-wQC) to discharge dredged or fill material into waters oft theU.S. The RIDEM-OWR-WQC has conditionally granted W@Cforallactivities: authorized under these. RIGPS provided those activities meet the criteria as contained: in these General b. Coastal Zone Management (CZM): Section 307 oft the Coastal Zone Management Act of1 1972, as amended, requires applicants to obtain aj permit, federal consistency certification or waiver from CRMC that the activity complies with the state's CZM program: for activities affecting the state'so coastal area. The CRMChas conditionally granted CZM Consistency for all activities authorizedunder these. RI GPs] providedthose required State or local approvals (see General Condition 1): Permits. activities meet the criteria as contained in these Generall Permits. 6 2. Self-Verification Review Category a. Notification: An application tot thel USACEisI notrequired. The: following GPs are Non-Reporting to the Corps ift they meet thei requirements of self-verification: and] RI CRMC performs ai review; GPs: 123,4.5,7,8,14,15, 16, and 20. Ift the CRMC issues aj permit for thej proposed work, CRMC will insert appropriate language in their authorization to notify the applicant that the CRMC: authorization is also their Corps authorizationf provided they comply with the GP's conditions. Written approval from CRMC givingiointstat-feder.l. authorizationi is required before work can commence. A SVNF is noti required if Non-Reporting, b. Eligibility Criteria: Activities in Rhode Island and triball landsi thatmeet thei following criteria are eligible under SV oft this GPifthey: Are subject to USACE. jurisdiction (see Appendix B, GC2); Meet the SV criteria in Appendix A- General Permits; Meet the requirements oft the applicable GCs in Appendix B; Meet all other applicable terms and conditions ofthese GPs; and Result: in no: more than minimal impacts to the aquatic environment. Project proponents seeking gauthorizationt under these GPs by qualifying for SV must comply with all GCs and otheri relevant federal laws such as thel National Historic) Preservation Act (NHPA), thel Endangered Species Act(ESA) and the Wild and Scenic Rivers. Act. Consequently, applicantinformation. submittals to USACEand outside experts sucha as thel Rhodel Island Historical: Preservation and Heritage Commission (HPHC), The Narragansett: IndianTribe (NIT) (see Appendix D) and thel National Park Service, is required for SV eligible activities when there is al likelihood ofthe presence ofresources ofconcern andi thej proposed work has the potential to affect these resources. Federal agencies should follow their ownprocedures: for complyingwith the: abovei requirements ands shall provide USACE with the appropriate documentation to demonstrate compliancewith those requirements: for both SV and PCN: review. How to Obtain Self-Verification Verification: Applicants must: (1) Confirm that the activity meets all the applicable SV eligibility criteria, terms and (2) Notify thel RII HPHC: and the' Tribal Historic Preservation Officers (THPOs) listed (3) Obtain an Official Species Listoffederally threatened and endangered species (4) Submit the SVNF and its required accompanying materials (see Appendix) E) to USACE: at least two-weeks prior to start ofj project construction. Digitals Isubmittals by email (preferred), CD/DVD or USB: flash drive are: strongly encouraged. Please communicate with USACE: staffify you are unable toj provide a digital copy as allowances willl be made. See htps/hwwwanacuscwamymiAiason.eplnpsabatingllectonicCamepondece for conditions stated in 2(b)above; in Appendix D and GC11 for submissioni requirements; thatmay occuri in the activity'sa action area (see GC12);and information about oure electronic submittal process. Email: emaerdt@usc.amym. Mail: Regulatory) Division - Branch B, U.S.. Army Corps of] Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751 7 (5) RI CRMC or RII DEM will confirm if the activity is eligible for SV. 3. PCN Review Category a. Notification: For activities that arei note eligible for SV orv when itis is stated that al PCN: is required, an applicationt to, and written verification from, USACEisr required. No work requiring aPCN may proceed until written verification from USACEI has been received. b. Eligibility Criteria: Activities in Rhode Island and tribal landst that meet the following criteria may be eligible for authorization under these GPs: Are subject to USACE jurisdiction (see Appendix B, GC2); Meet the criteria of PCN: in Appendix. A - General! Permits; Meet thei requirements ofthe applicable GCsi in Appendix B; Meet all other applicable terms and conditions ofthese GPs; Resulti in no: more than minimal impacts tot the aquatic environment, as determined by USACE in conjunction with the interagencyreview: team which consists of Federal and State resource agencies. In someinstances, this may require project mareoimogolas minimization, and/or compensatory mitigation forunavoidable: impacts to ensure the net effects ofaj project arei minimal; and C. Applying fora authorization through the] PCN process: Applicants must submital PCN to USACE. Digital submittals by email (preferred), CD/DVD orl USB: flash drive are: strongly encouraged. Please communicatey with USACEstatfifyouarer unable to providea digital copy as allowances willl bei made. Seel AsRARiNahsalains Flectoni-Comespondenge fori information aboutoure electronic submittal process. USACEstaff will notify youi ifap papercopy orl large-scale drawings are: required for the evaluation. Email: cmerci@sceamym. Mail: Regulatory Division - Branch B, U.S. Army Corps of] Engineers, New. England District, 696 Virginia Road, Concord, MA 01742-2751 4. Emergency. Procedures: Written authorization under thesee emergency proceduresis required. ContactUSACE: immediately in the event of an emergency to obtain informationon the verification process and coordination requirements. USACEregulation at33 CFR 325.2(€)(4)statest that an" "emergency" is a situation which wouldresultin an unacceptable hazard tol life, as significant loss of property, oran: immediate, unforeseen and significant economic! hardship if correctiveaction: requiringar permit is not undertaken within ai timej period less than the normal time needed toj process the application under standard procedures." Emergency work is subject to thes samei terms and conditions oft these GPs asi non-emergency work, and similarly, must qualify for authorization under these GPs; otherwise, an Individual Permit shalll bei required. Upon notification,' USACE will determine ifap project qualifies for emergency procedurest under the GPs and whether work may proceed priort to submittal of an application. Where an application is required,USACB: staffwill work with all applicable agencies to expedite verification accordingt to established procedures in emergency situations. 8 5. Individual Permit Procedures: Work thati is NOT eligible for authorization under the GPs as defined in Appendix A- General Permits and applicable GCs, ort that does noti meet the applicable terms and conditionsoft the GPs, will require review under USACEIndividual Permit procedures (see 33CHR325.)-Applicamnts shall submit the approprateaPplcaton materials to USACE. Generalinformation andt the application form can be obtainedat CivilWorks/RegulatoryProgramandPermits/OptainaPermitaspx ntp/vww.isacearmym/Missions. 9 3 4E o5 00 N 4 6 8 2 APPENDIX. B- GENERAL CONDITIONS 1. Other Permits. Permitteesi must obtain other Federal, State, or local authorizations: required byl law. Applicants arei responsible for applying for and obtaining alli required State or local approvals. Workt thati isnot regulated by the State, buti is subject to Corpsjurisdiction, may be eligible for these programmatic general permits (PGPs). 2. FederalJurisdiction a. Applicability of these) PGPS shalll be evaluated withi reference to Federal jurisdictional boundaries. Activities shalll be evaluated with reference to "waters oft the U.S."under the Clean' Water. Act (33CFR 328) and' "navigable waters oft thel U.S."under $10 oft thel Rivers and) Harbors. Act of 1899( (33CFR 329). Applicants arei responsible: for ensuring that thel boundaries used satisfy thel Federal criteria defined at 33 CFR: 328-329. (Note: Waters of thel U.S.i includes all waters, including wetlands, pursuant b. Applicants shall identify all aquatic resources ont thej project site. They are all presumed tol bev waters of thel U.S. unless an Approved. Jurisdictional Determination (AJD) has been obtained from the Corps that determines otherwise. Wetlands shalll be delineated ina accordance with the Corps ofl Engineers Wetlands Delineation Manual and thei most recent Northcentral/Northeast Regional Supplement. a. Avoid and] Minimize: Activities must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters oft thel U.S. toi thei maximum extent practicable at the project site. Avoidance andi minimization isrequired to the extent: necessary to ensure that the adverse effects tot the aquatic environment (both area and function) arei no: more than minimal. b. Compensatory mitigation':1 for effectst to waters oft thel U.S., which are unavoidable andl havel been minimized to the greatest extent practicable, including direct, secondary and temporal?, will generally ber required for projects withj permanent impacts that exceed the SV areal limits, andi may bei required for temporary: impacts that exceedi the SVa area. limits. Proactive1 restoration projects or temporaryi impact work with no secondary effects may generally be excluded from this requirement. 4. Discretionary Authority. Notwithstanding compliance with thet terms and conditions oft this] permit, the Corpsr retains discretionary authority to require anl Individual Permit (IP) review based on concerns: fort the aquatic environment or for any other factor oft thej publici interest [33CFR320.40)1. This authorityi isi invoked ona a case-by-case! basis whenever the Corps determines that thej potential consequences oft thej proposal warrant IPr review. Thisa authority may bei invoked: forj projects with cumulative adverse environmental effects that are moret than minimal, ori iftherei isa a special resource or concern associated with aj particular project. Whenever the Corps notifies an applicant that an. IP may bei required, authorization under these PGPsi is voided and no 5. Single: and Completel Projects. Thet term' "single and complete project" is defined at 33 CFR3 330.2(1) as thet total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. Thel PGPS shall not be used forj piecemeal work and shall be applied to single and complete a. For non-linear projects, as single and complete project must havei independent utility. Portions ofa multi-phasej project that depend upon other phases of thej project doi notl havei independent utility. Phases ofa aj project that would bec constructed, eveni ift the other phases were: not! built, can be considered b. Unless the Corps determines the activity has independent utility, all components ofas singleproject Compensatory mitigation projects] provided to offset losses of aquatici resources must comply with the applicable provisions of33CFR332. Also referencei thel New England. District Compensatory. Mitigation 2Temporal loss: The timel lag between thel losses of aquatic resource functions caused byt thej permitted: impacts and the replacement of aquatic resource: functions att the compensatory: mitigation site(s) (33CFR332.2). to33 CFR: 328.3(a). 3. Avoidance, Minimization, and Compensatory Mitigation work may be conducted until a Corps IPi is obtained. projects. ass separate single and complete projects withi independent utility. Guidance at htp/AnrymasuscamyiMisoelaepulatory/Mitigationaspx 38 and/or allj planned phases ofai multi-phased project (e.g., subdivisions: should include all work such as roads, utilities, and] lot development) shall bet treated together as constituting one single and complete For linear projects such as power lines orj pipelines with multiple crossings, a' "single and complete project" is all crossings ofas single water oft the U.S. (i.e. single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered as single and complete project. However, individual channelsi in al braided stream or river, ori individual arms ofal large, irregularly-shaped wetland or lake, etc., arei not separate waterbodies, and 6. Use of Multiple General Permits. When as single and complete project requires thet use ofi multiple. PGPs, the acreage ofimpacts (loss) to' Waters oft thel U.S. cannot exceed the acreage limit as specified. For example, ifa road crossing over inland watersi is constructedi under PGP 18, with an associatedi utility line crossing authorized byl PGP 6, thei maximum acreage. loss of Waters oft thel U. S. for thet totalj project cannot exceed one (1) acre. a. Ina addition to any authorization under these PGPs, applicants must contact the Corpsl Reall Estate Division at (978)318-8585: for work occurringo on or potentially affecting Corps properties and/or Corps-controlled easements toi initiate reviews and determine what real estatei instruments arei necessary toj perform work. Permittees: may not commence work on Corps] properties and/or Corps-controlled easements until they have received any required Corpsreale estate documents evidencing site-specific b. Any proposed temporary or permanent modification or use ofal Federal project (including but not limited to al levee, dike, floodwall, channel, anchorage, seawall, bulkhead, jetty, wharf, pier or other work built buti not necessarily owned by thel United States), or any use which would obstruct or impair thet usefulness oft thel Federal project in any manner, and/or would involve changes toi the authorized Federal project's scope, purpose, and/or functioning, isi not eligible for SV and will also require ereview and approval by the Corps pursuant to 33 USC408. Where Section 408 is applicable, ac decision ona Department oft the Army general permit application will not bei rendered prior to the decision on a 8. National Lands. Activities thati impinge upont the value of any National Wildlife. Refuge, National Forest, National Marine Sanctuary or any area administered! by thel National Park Service, U.S. Fish and' Wildlife 9. Wild and Scenic Rivers. No activity may occur ina a component oft thel National Wild and Scenic. River System, or in ariver officially designated by Congress asa a "study river", unless the appropriatel Federal agency with direct management: responsibility for suchi river, has determined: in writingt that the! proposed activity will not adversely affect the Wild and Scenic) River designation or study status. Information on Wild and Scenic Rivers may! be obtained: from the appropriatel Federal land management agency: responsible fort the designated Wild and Scenic) River or study river (e.g. National Park Service, U.S. Forest Service, Bureau ofLand Management, USFWS). AssE.NSN for additional information. project. crossings ofs suchi features cannot be considered separately. 7. - CorpsProperty: and Federall Projects. permission to work. Section 4081 request. Service (USFWS) or U.S.] Forest Service arei note eligible for SV. 10. Historicl Properties a. Noundertaking shall cause effects (defined at 33 CFR325 Appendix Cand 36 CFR 800) toj properties listed on, determinedi tol be eligible for listing on, or potentially eligible: forl listing on thel National Register of Historic Places3, including previously unknown historic properties within thej permit area, unless USACE or another Federal action agency has satisfiedi the consultation1 requirements of Section 106 of thel National Historic Preservation Act (NHPA). The Statel Historic Preservation Officer (SHPO), Many historic properties arei not listed on thel National Register of] Historic. Places andi may require identification and evaluation' by qualified] historic preservation: and/or archaeological consultantsi in consultation with USACE and the SHPO and/or THPO. 39 Tribal Historicl Preservation Officer (THPO) andt thel National Register ofHistoric) Places can: assist with 2) Areas with] potential for they presence ofhistoric or cultural resources, which may require identification and evaluation by qualified! historic preservation and/orarchacological consultants or tribal entities in consultation with USACE: and the SHPO: and/or' THPO(s). For RIDEM: applications: For activities eligible for SV and] PCN, applicants must document that the activity will not cause effects as stated in 10(a). To comply with this condition, both SV and) PCN applicants shall notify thel RI SHPO and' THPO: and request their identification ofhistoric properties and cultural resources. Thei notification shall consist of the project location, plans, and brief narrative and state that a federal permiti isr required. Documentation ofthei notificationt toi the SHPO/THPO shalll be: included witht the SV orl PCN submittal and dated. Ifnoi responsei isi received within 30-days from the StPO/EPOmotification, the Corpsr may accept an SV orl PCN as submitted. Ifaj project meets thei requirements ofSV, no further authorization: fromi the Corpsi is required toj proceed with thej project. Al PCN or IPi isi requiredi ifany activity mayl have an adverse effect on al historic property 2) For RICRMC applications: For activities eligible for SV and] PCN, applicants must document that thea activity will not cause effects as statedi in 10(a). To comply with this condition, both SV and PCN applicants shall notify thel RI THPO: andi request theiri identification ofhistoric properties and cultural resources. The notification shall consist oft thej project location, plans, and brief narrative and state thata a federal permit isi required. Documentation ofthei notification tot the' THPO: shalll bei included with the SV or PCN submittal and dated. Ifnoi response is received within 30-days from the THPO notification, the Corps may accept an SV as submitted. Ifap project meetst thei requirements ofSV, no further authorization: from the Corpsi isi required toj proceed with thej project. Al PCN or IP isr required ifany activity mayl have an adverse effect on al historic property or cultural resource. Applicants must submita a PCNt tol USACE: ass soon as possible ift thej proposed activity may cause effects as stated in 10(a) to ensurei that USACEi is aware ofa any potential effects oft the permitted activity on any historic property or cultural resource so that the consultation: requirements of Section 106 OfNHPA 1) Show notification tot the SHPO: and' THPO: for their identification ofhistoric properties or cultural resources. Ifnoi response is received within 30-days from the SHPO/THPOmotifieation, the Corps 2) State whichl historic properties or cultural resourcesi may! be affected by thej proposed work or 3) Include any available documentation fromi the SHPO or THPO1 indicating that there are, or arenot, historic properties or cultural: resources affected. Starting consultation earlyi inj project planning can d. Ifyou discover any previously unknown! historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized byt this permit, your musti immediately notify the district engineer ofv what you) have found, and tot thei maximum extent practicable, avoid construction: activities that may affect the remains and artifactst until thei required coordination: hast been completed. The district engineer will initiate thel Federal, Tribal, ands state coordination: required to determinei if thei items or remains warrant: ai recovery effort ori ift the sitei is eligible for listingi ini thel National Register ofl Historic) Places. Federal agencies should follow their own procedures for complying withi thei requirements of Section 1060 oft thel NHPA. Along with the application, Federal applicants shall provide USACE with the appropriate documentation to demonstrate compliance with those requirements. f. Federal andi non-federal applicants should coordinate withl USACEI before conducting any onsite archeological work reconnaissance, surveys, recovery, etc.) requested by the SHPO or the THPO, as USACE will determine thej permit area for the consideration ofl historic properties based on 33 CFR325 Appendix C. This ist to ensure that work donei isi ina accordance with USACE requirements. locating information on: 1) Previously: identified! historic properties; and b. RIDEM: and CRMC Notification Requirements: or cultural: resource. can be satisfied. AlIl PCN: submittals shall: may proceed toa aj permit decision on al PCN. include a vicinity mapi indicating thel location oft them, and save proponents time and money. 11. FederalThreatened. and) Endangered Species a. Noactivity is authorized! by these GPs which: 40 1) Isli likely to directly or indirectlyj jeopardize thec continued existence ofat threatened or endangered species or a species proposed for such designation, asi identified under thel Federal Endangered Species. Act (ESA), or which will directlyori indirectly destroy or adversely modify the critical 2) "May affect" al listed species or critical habitat, unless Section 7 consultation addressing the effects 3) Is"likelyt to adversely affect"al listed species or critical habitat unless Section 7 consultation has been completed by USACE or another lead action agencyi in coordination with USACE. b. All applicants shall attach toi their SV form orl PCN an Official Species) List obtained from thel U.S. Fish and' Wildlife Service'sI Information for Planning and Consultation (PaC) found at: https:llecos. fws.gov/pacand provide the email address of thej person who generated thel list. For proposed activities in waters with tidali influence, applicants shall also refer to thel National Oceanic and Atmospheric. Administration (NOAA)) Fisheries' Section' 71 Mapper for federally-listed species found at:. Mphaumpmgkompphishe d. APCN isrequiredi ifat threatened or endangered species, a species proposed for listing as threatened ore endangered, or designated or proposed critical habitat (alll hereinafter referred to as "listed species orl habitat"), asi identified under thel ESA, may be affected by thej proposed work, unless consultation isc completed by another lead] Federal agency, in which case, an application can be SV. Anactivity may remain eligible for SVifthe onlyl listed species affected: is thei northern long-eared bat (Myotis septrionalis), and only after Section 7 consultation has been completed by USACE under the 4(d) Federal agencies shall follow their ownj procedures for complying with thei requirements of thel ESA while ensuring that USACE: and any other federal action agencies are includedi in the consultation Non-federal representatives designated by USACE to conduct informal consultation or prepare a biological assessment shall follow thei requirementsi int the designation document(s) and thel ESA. Non-federal representatives: shall alsoj provide USACE with the appropriate documentation to demonstrate compliance witht those requirements. Thel USACE will review the documentation: and determine whether iti iss sufficient to address ESA compliance for the GP activity, or whether The requirements to comply with Section 7c of thel ESA: mayl be satisfied by aj programmatic agreement (PA) or programmatic consultation (PC) with USACE, thel New) England District, or another federal Maps/appmeuscammyAiseaslaenseen. habitat or proposed critical habitat ofs such species. oft thej proposed activity has! been completed. 4) Violates thel ESA. Rule Streamlined Consultation. process. additional ESA consultation is necessary. agency. New England. District PAsa and] PCsa are: found at: Permit/ 12. Pilel Removal. Derelict, degraded or abandoned piles ands sheet pilesi ini navigable waters, except for those inside of existing work footprints for piers, must be completely removed or cut and/or driven to 31 feet below the substrate toj prevent interference with navigation and in some cases toi remove polluting materials. Existing creosote piles int thej project areat that are: affected by project activities should1 be completely removed. Inareas of fine-grained substrates, piles must bei removed by the direct, vibratory or clamshell pull method4 toi minimize turbidity and sedimentation impacts. Removed piles shalll be disposed ofin an upland location landward of MHW or OHW andi noti in wetlands, tidal wetlands, or mudflats. Descriptions of] Pilel Removal methods: Direct Pull: Eachj pilingi is wrapped with a choker cable or chain thati is attached att thet top to a crane. The cranet thenj pulls thej piling directly upward, removing thej piling fromt thes sediment. Vibratory) Pull: The vibratory hammeri isal large mechanical device (5-16t tons) that is suspendedi froma cranel by a cable. The vibrating hammer loosenst thej piling whilei the crane pulls up. Clamshell Pull: This can removei intact, broken or damaged pilings. The clamshell bucket isa al hinged steel apparatus that operates likea a set of steel jaws. The bucket is lowered: from a crane andt the jaws 41 graspt thep piling stub as the crane pulls up. Thes size oft the clamshelll bucket is minimized tor reduce turbidity during piling removal. 13. Navigation. a. No activity may cause: moret than ar minimal adverse effect oni navigation. thep permittee's expense on authorized facilities ini navigable waters ofthel U.S. b. Any safety lights and signals prescribed by thel U.S. Coast Guard, must bei installed andi maintained at Any structure or work thate extends closer tot thel horizontal limitso ofany Corps Federal Navigation Project than a distance of three times the project'sa authorized depth shalll be subject toi removal at the owner'se expense prior to any future Corps dredging or thej performance of periodichydrographic d. There shall bei no unreasonablei interferencer with navigation byt the existence or use oft the activity authorized herein, andi no attempt shalll ber made by thej permittee toj prevent thei full andi free use byt the publico of all navigable waters at or adjacent to the activity authorized: herein. Thej permittee understands: and agrees thati iff futurel U.S. operations require the removal, relocation, or other alteration of thes structure or work herein authorized, orif, in the opinion ofthe Secretary oft the Army or their authorized: representative, said structure or work shall cause unreasonable obstruction to thei freei navigation oft thei navigable waters, thej permittee willl bei required, upon duei notice from the Corps, toi remove, relocate, or alter thes structural work or obstructions caused thereby, without expense toi thel U.S. No claim shall bei made against the U.S. on account of any such removal or alteration. f. AP PCN: isi required for all work in, over or under an FNP or its1 buffer zone unless otherwise indicated in 14. Federal Liability. Ini issuing this permit, the] Federal Government does not: assume any liability for the following: a) damages to the permitted project or uses thereof as ai result of other permitted or unpermitted activities or from natural causes; b) damages tot thej permitted project or usest thereof as ar result of current or future activities undertaken by or on behalfo oft the U.S. ini thej publici interest; c) damagest toj persons, property, or to other permitted or unpermitted: activities or structures caused by the: activity authorized by this] permit; (d) design or construction deficiencies associated with thej permitted work; e) damage claims associated with 15. Heavy Equipment in Wetlands. Operating heavy equipment (drill rigs, fixed cranes, etc.)within wetlands shall be minimized, and such equipment shall not bes stored, maintained or repaired in wetlands, to the maximum extent] practicable. Where construction: requires heavy equipment operationi in wetlands, the equipment shall: a) havel low ground pressure (typically <6p psi); b) bej placed on swampéomsrueio/limber mats (herein referred to as "construction mats" or "mats")t that are: adequate to support the equipment in sucha a way as toi minimize disturbance of wetland soil and vegetation; or c) be operated on adequately dry or frozen wetlands: such that shear pressure does not cause subsidence oft the wetlands immediately beneath equipment and upheaval of adjacent wetlands. Construction: mats aret tol be! placed int they wetland from the upland or from equipment positioned on swampi matsi ifv working within a wetland. Dragging construction matsi intoj positioni is prohibited. Other support structures that are capable ofs safely supporting equipment may be used with written Corps authorization. Similarly, thej permittee may request written authorization: from the Corpst to waive use of mats during frozen or dry conditions. Ana adequate supply ofs spill containment equipment shalll ber maintained on site. Construction mats should be managed in accordance with thei following construction mat best Mats should bei in good condition to ensure) proper installation, use and removal. Where feasible, place mats in al location that would minimize the amount needed: fort the wetlands Minimize impacts to wetland areas during installation, use, and removal. Install adequate erosion and sediment controls at approaches toi mats toj promote as smoothi transition Ini most cases, mats should bej placed alongt thet travel area: sO that thei individual boards arei resting perpendicular to the direction oft traffic. No gaps should exist between mats. Place matsi far enough surveys. Thisi is applicable to SV eligible and PCN activities. Appendix. A as the work may also require a Section 408j permit. any fnturemodification, suspension, or revocation oft this] permit. management practices: crossing. to, and minimize sediment tracking onto, mats. on either side oft thei resource areai toi rest on firm ground. 42 Provide: standard construction: mat. BMP details to work crews. 16. Temporary Fill a. Temporary fill, construction: mats and corduroy roads shall be entirely removed as soon ast they arei no longer needed to construct the authorized work. Temporary fill shalll bej placed in its original location or disposed ofa at an upland site and suitably contained toj prevent its subsequent erosion into waters of b. All temporary: fill and disturbed soils shall be stabilized toj prevent its erodingi into waters oft theU U.S. wherei iti isi not authorized. Work shall includej phased or staged development to ensure only areas under active development: are exposed and to allow for stabilization practices as soon asj practicable. Temporary: fill must bep placedi in aj manner that willj prevent it from being eroded by expected] high flows. APCN isi required for: (i) all temporary fill that isi inj place for >2 years; or (ii) construction: mats filling? >5000 SF that arei inj place for: (1)>1 year when installed during the growing period; or (2) any portion ofi more than one growing period when installed outsidet theg growing period. The growing period isi from May 1 to October 1 for thej purposes oft these GPs. Al PCNi is required for construction Unconfined temporary: fill authorized for dischargei into waters oft thel U.S. shall consist ofi material that d. Appropriate measures: must bei taken toi maintain normal downstream flows andi minimize flooding to thei maximum extent] practicable when temporary structures, work, and discharges of dredged or fill material, including cofferdams, arei necessary for construction activities, access fills, or dewatering of construction sites. Materials shalll bej placed in: al location and manner that does nota adverselyi impact surface or subsurface water flowi into or out oft the wetland. Temporary: fill authorized: for discharge into wetlands shall bej placed on geotextile fabric or other appropriate material! laid oni thej pre- construction wetland grade where practicable to minimize impacts and to: facilitatei restoration to the original grade. Construction mats are excluded from thisi requirement. Construction debris and/or deteriorated: materials shall notl bel locatedi in waters oft thel U.S. thel U.S. mats that involve underlying fill. minimizes impacts to water quality (e.g. washed stone, stone, etc.). 17. Soill Erosion and Sediment Controls a. Appropriate soil erosion and sediment controlss (hereinafter referred to as "controls") must be used and maintained in effective operating condition during construction. All exposed soil and other fills, as well as any work below the OHW mark or HTL, must bej permanently stabilized at the earliest practicable date. Permittees are encouraged toj perform work within waters ofthel U.S. during periods ofl low-flow b. Controlsi in streams should be installed and removed during the same' TOY work window when practicable. AJ PCNisr required for controls that encroach:: 1): >25% oft thes stream width measured from OHWinnon-tidal. diadromous streams from March 151 to. June 30; ori ii); >25% of the waterway width measured from MHWi int tidal waters from Feb. 1to. June: 30, or >50% of the waterway width measured from) MHWi int tidal watersi from July 1toJ Jan. 14. Thisist toj protect upstream fish passage. Proponents must also maintain downstream fishj passage throughout thej project. These conditions may bei modified No dewatering shall occur with direct discharge to waters or wetlands. Excess water ini isolated work areas shall bej pumped or directed to as sedimentation' basin, tank or other dewatering structuresi in an upland area adequately separated from waters or wetlands where suspended solidss shall ber removed prior to discharge back into waters or wetlands. All discharge points! backi into waters: and wetlands shall use appropriate energy dissipaters and erosion and sedimentation control BMPS. d. Controls shalll be removed upon completion ofwork, but not until all exposed soil and other fills, as well as any work waterward of OHW ort thel HTL, are permanently stabilized at the earliest practicable Appropriate soil erosion, sediment and turbidity controlsi include cofferdams, bypass pumping: aroundbarriers immediately upa and downstream oft the work footprint (i.e., dam andj pump), installation of sediment control barriers (i.e., silt fence, vegetated filters strips, geotextile silti fences, filter tubes, erosion control mixes, hay bales or other devices) downhill of all exposed areas, stream: fords, retention ofe existing vegetated buffers, application oftemporary mulching during construction, phased construction, andj permanent seeding and stabilization, etc. ori no-flow, or during lowi tides. ifs specified by the Corps in writing. 43 date. Sediment and debris collected by these devices shall ber removed andj placed at an upland location inai manner that willj prevent its later erosion into a waterway or wetland. Controls may bel lefti inj place The material within sandbags shall not be released during their removal and trenchesi must bel backfilled a. Upon completion of construction, all disturbed wetland areas shall be stabilized with a wetland seed mix containing only plant species native tol New England and shall not contain any species listed int the "Invasive and Other Unacceptable! Plant Species" Appendix. Di int the "New England District b. Thei introduction or spread ofi invasivej plant species in disturbed areass shall be controlled. Ifswamp or Ina areas of authorized temporary disturbance, ift trees are cuti theys shall be cut at or above ground level and not uprooted in order toj prevent disruption to the wetland soil structure andt to allow stump sprouts d. Wetland areas where] permanent disturbance: isi not authorized shall bei restored tot their original condition and elevation, which under no circumstances shall bel higher than thej pre-construction elevation. Original condition means careful protection and/or removal ofexistings soil and vegetation, and replacement back tot the original location such thatt the original soill layering and vegetation schemes 19. Coastal Bank Stabilization. Projectsinvolving: construction or reonstnuctiomaintemance of bank stabilization structures within Corpsj jurisdiction should be designed to minimize environmental effects, effects tor neighboring properties, scour, etc. toi thei maximum extent] practicable. For example, vertical bulkheads should only bet used ins situations wherer reflected wave energy can bet tolerated. A revetment iss slopeda andis typically employed to absorb the direct impact of waves more effectively than a vertical seawall. Ittypically has al less adverse effect ont thel beachi in front ofit, abutting properties and wildlife. For morei information on -AGNINnAS.r a. Noa activity may substantially disrupt thei necessary life cycle movements oft those species of aquaticl life indigenous to the waterbody, including those species thati normally migrate through the area, unless the activity'sprimary) purpose ist toi impound water. Unless otherwise stated, activities impounding wateri in as stream: requireal PCN to ensurei impacts to aquatic lifes species are: avoided andi minimized. All permanent and temporary crossings of waterbodies (e.g., streams, wetlands) shall be: Suitably culverted, bridged, or otherwise designed and constructed toi maintain low flowst to sustain ii. Properly aligned and constructed toj prevent bank erosion or streambed scour both adjacent to and inside the culvert. All wetland crossings shallj preservel hydraulic and ecological connectivity b. To avoid adversei impacts on aquatic organisms, thel low flow channel/thalweg shall remain unobstructed during periods of1 low flow, except when iti isi necessary toj perform the authorized work. To thei maximum extent practicable, thej pre-construction. course, condition, capacity, and location of open waters must bei maintained: fore each activity, including stream channelization ands storm water management activities. The: activity must bec constructed to withstand expected high flows. The activity must not restrict or impede thej passage ofnormal or high flows, unless thej primary purpose of the activity is to impound water or manage highi flows. The activity may alter thej preconstruction course, condition, capacity, and] location of open watersifit benefitst thea aquatic environment (e.g, ifthey arel biodegradable, and flows and aquatic lifei movements arei not disrupted. as soon: as practicablet toi reducet turbidity impact duration. 18. Restoration of] Inland' Wetland. Areas Compensatory Mitigation Guidance". found at ahssRANNEwws.As timber mats aret tol be used, they shalll be thoroughly cleaned beforer re-use. to revegetate thev work area, unless otherwise authorized. area approximately the same, unless otherwise authorized. this topic, got to the Corps Coastal Engineeringl Manual, locatedat 20. AguatielifeMlovementsa and Management of Water Flows ther movement oft those aquatic species; and between the wetlands on either side ofthei road. stream restoration or relocation activities). 44 d. Recommend crossings be designedi ina accordance with the most recent RIDOTR Road-Stream Crossing htps/vww.dotrigobusnesydocumemtRod,Stram.0osingDesg.Mamual8.202l.pdr 21. Discharge of] Pollutants.. All activitiesir involving any discharge of pollutants into waters oft theU.S. authorized under these GPss shall bec consistent with applicable water quality standards, effluent limitations, standards ofj performance, prohibitions, and pretreatment standards andi management practices established pursuant toi the CWA (331 U.S.C. 1251), and applicable state andi local laws. Applicantsi may presume that State Water Quality Standards are met with thei issuance ofa 401 WQC or waiver (Applicablei tot the Section 404 activity). Notel however, that this permit does not cover point source discharges of pollutants like construction dewatering ofo contaminated water; separate State permits arei required for point sources. Design Manual: 22. Spawning, Breeding, and] Migratory Areas a. Jurisdictional activities andi impacts such as excavations, discharges of dredged or fill material, and/or suspended sediment producing activities inj jurisdictional waters that provide value as fishi migratory areas, fish and shellfish spawning or nursery areas, or amphibian andi migratoryl bird breeding areas, during spawning or breeding seasons shall be avoided andi minimized tot the maximum extent b. Jurisdictional activitiesi in waters oft thel U.S. thatj provide value asl breeding areas for migratory birds must be avoidedi to thei maximum extent practicable. Thej permitteei isi responsible for obtaining any "take" permits required under the USFWS'sregulations governing compliance with thel Migratory Bird Treaty. Act or thel Bald and Golden Eaglel Protection Act. Thej permittee should contact the appropriate local office oft thel USFWS to determine: ifsuch "take" permits are required for aj particular activity. 23. Storage of Seasonal Structures. Coastal structures, such as] pier sections and floats, that arei removed from the waterway: for aj portion oft the years shall be stored in an upland location, located abovel MHW: andi noti in tidal wetlands. These seasonal structures: may bes stored ont thei fixed, pile-supported portion oft thes structure thati is seaward ofMHW. This isi intendedi toj prevent structures from being stored on ther marsh substrate and the practicable. substrate seaward ofMHW. 24. Vernal Pools delineations. Federal jurisdiction. a. Onj projects requiring al PCN, vernal pools must be: identified on thej plan showing aquatic resource b. APCN isi required ifa discharge of dredged or fill material is] proposed ina a vernal pool located within C. Adversei impacts to vernal poolss should bea avoided andi minimized to thei maximum extent] practicable. 25. Invasives Species. Thei introduction, spread, or thei increased risk ofinvasive plant or animal species on the project site, into new or disturbed areas, or areas adjacent toi thej project site caused by they work shall be 26. Permit On Site. Thej permittee shall ensure that any contractor(s) and or workers executing the activities authorized' byt this] PGP(s) havel knowledge of thet terms and conditions oft this authorization and any modification(s), and that a copy oft this PGP document and any accompanying verification lettera and attached plans are at thes site oft the authorized work throughout thep period(s) oft timet the worki ist underway. 27. Inspections. Thej permittee shall allow the Corpst to1 make periodic inspections at any timei to ensure that the worki is being orl hasl been performedi ina accordance with thet terms and conditions oft this] permit. The Corps may also require] post-construction engineering drawings for completed work or post-dredging survey drawings 28. Maintenance. Thej permittee shall maintain the activity authorized by these GPsi in good condition andi in conformance with thet terms and conditions of this] permit. This does not: includei maintenance ofdredging projects. Maintenance dredging is subject tot thei review thresholds: in General Permit #7 in Appendix. A as well avoided. for any dredging work. 45 as any conditions includedi in ay written Corps authorization. Maintenance dredgingi includes only those areas and depths previously authorized and dredged. Some maintenance activities may not be: subject toi regulation 29. Property Rights. These GPs do1 not convey any property rights, either ini real estate or material, or any exclusive privileges, nor does it authorize any injury toj property ori invasion ofi rights or anyi infringement of 30. Transfer of GP Verifications. When the work authorized byt these GPs are: stilli in existence at thet time the propertyi ist transferred, thet terms and conditions, including any special conditions, will continue tol bel binding ont thee entity or individual who received the authorization, as well as thei new owner(s) oft the property. Ifthe permittee sellst thej property associated with a GP authorization, thej permittee may transfer the GP authorization toi thei new owner by submitting a letter toi the Corpst to validate thet transfer. Ac copy oft the GP authorization letter must bea attached to thel letter, and thel letter musti includet thei following statement: "Thet terms and conditions oft these general permits, including any special conditions, will continue tol bel binding ont ther new owner(s) oft thej property". This letter should be signed by! both thes seller and new property owner(s). 31. Modification, Suspension, and] Revocation. This permit and any individual authorizations. issued thereof may either ber modified, suspended, or revoked: in whole or inj part pursuant to thej policies andj procedures of33 CFR325.7; and any such action shall not bet thel basis for any claimi for damages against thel United States. 32. Special Conditions. The Corpsi may impose other special conditions on aj project authorized pursuant to this general permit that are determined: necessary toi minimize adverse environmental effects or based on any other factor oft thej publici interest. These may bel based on concerns from thel Rhode Island: Department of Environmental. Management, thel Rhodel Island Coastal Resources Management Council or a Federal resource agency. Failuret to comply with all conditions oft the authorization, including special conditions, will constitute ap permit violation andi may subject thej permittee to criminal, civil, or administrative penalties and/or restoration. 33. False or Incomplete. Information. Ifthe Corps makes a determination: regarding the ligibilityofaprojed. under this] permit, and subsequently discovers thati itl has relied on false, incomplete, or inaccurate information provided byt thej permittee, the: authorization will not ber valid, and thel U.S. governmenti may institute 34. Abandonment. Ifthej permittee decides to abandon the activity authorized under this GP, unless such abandonment is merely thet transfer of! property to at third party, he/shei may bei required toi restore the areai tot the 35. Enforcement cases. These GPs doi not apply to any existing or proposed activity in Corps jurisdiction associated with an on-going Corps or EPA enforcement action, until such time as the enforcement actioni is resolved or the Corps determines that the activity may proceed: independently without compromising the under Section 404 in accordance with 33 CFR323.4(a)(2). federal, state, or local laws or regulations. appropriate! legal proceedings. satisfaction oft the Corps. enforcement action. 36. Duration of Authorization a. These GPs expire five years from the datei issued as listed at thei top of the cover sheet. Activities authorized' by these GPs that have either commenced (i.e., are under construction) or are under contract to commence willl have an additional year from the expiration date to complete the work. Thej permittee must be ablet to document toi the Corps satisfaction that thej project was under construction or under contract by the expiration date of these GPs. Ifwork: isi not completed within the one-year extended timeframe, thej permittee must contact the Corps. The Corpsi may issue ai new authorization provided b. Activities authorized under these GPs will remain authorizedi until the GP expires, unless discretionary authority has been exercised on a case-by-case basis to1 modify, suspend, or revoke the authorizationi in accordance with 33 CFR 325.2(e)(2). Activities completed under the SV or PCNa authorizations of thej project meets the terms and conditions oft thel RI GPsi in effect at the time. these GPs will continue tol be authorized after its expiration date. 46 APPENDIXC CONTACTSI FORI RHODEISLAND GENERALPERMITE: 1.] FEDERAL U.S. Army Corps of Engineers New England District, Regulatory Division 696 Virginia Road Concord, Massachusetts 01742-2751 cenaerri@usaseamy.mi wymeusreamymimsonyrg-oy-ane (800) 343-4789 or(978)318-8335 (978)3 318-8303-fax Federal. Endangered: Species(F&WS): U.S. Fish and Wildlife Service 70Commercial Street, Suite 300 Concord, New] Hampshire 03301-5087 maria tur@fws.goy www.fws.gov (603)223-2541 National ParkService North. Atlantic Region 15 State Street Boston, Massachusetts 02109 jamie fosburgh@mps.goy PSPANSEYINRENNA (617)223-5203 (Wild &, Scenic Rivers) Federal. Endangered: Species &. EFH (MMES) National Marine Fisheries Service 55 Great Republicl Drive Gloucester, MA 01930 dhrisophar.lodkc@mougor www.mmts.noaa.gov (978)281-9102 978)281-9301-fax U.S. Environmental Protection. Agency Regionl I 51 Post Office Square, Suite 100 Boston, Massachusetts 02109 sachs.erica@epa.goy KPARVONpANENY (617)918-2000 2. STATEOFI RHODEISLAND RI Department ofEnvironmental Management Office of Water Resources 235. Promenade Street Providence, Rhodel Island 02908 Konsasmon@demrigov www.dem.rigoviprograms/water 002.6.0.00223590 (fax) RI Coastal Resources Management Council Oliver Stedman Government Center 4808 Tower Hill Road Wakefield, Rhodel Island 02879-1900 Gstaff/@ermeri.goy www.rmc.ri.goy (401) 783-3370 (401) 783-3767( (fax) 47 3. HISTORIC RESOURCES Archaeological. Information 1501 Benefit Street Providence, Rhode Island 02908 http:/www.preservation.ri.gov, hphc.info@preservationrigov (401)222-2678 (401)222-2968 (fax) Tribal Historic Preservation Officer Tribal Historic Preservation Office Narragansett" Tribe P.O. Box 268 Charlestown, RI02813 htps/Dnaragansetindiamnation.org ashtesook@a0.com coradot@yahoo.com; coradot@gmail.com 401)364-1100 (401)364-1104(fax) Rhode Island Historical Preservation &1 Heritage Commission 48 APPENDIXD DEFINITIONS Artificial Reef: A: structure which is constructed or placed in waters for thej purpose of enhancingi fishery Boating facilities: These provide, rent or sell mooring space, such asi marinas, boat/yacht clubs, boat yards, dockominiums, town facilities, etc. Not classified ast boating facilities arej pierss shared1 between two abutting properties or towni mooring: fields that charge an equitable user feel based on the actual costs Construction: mats: Construction, swamp and timber, mats are generic terms used to describe structures that distribute equipment weight toj prevent wetland damage while: facilitating passage: and providing work platforms for workers and equipment. They are comprised of sheets or mats madei from a variety of materials: in various sizes. A timber mat consists of] larget timbers bolted or cabled together. Compensatory: mitigation: Therestoration (re-establishment, ori rehabilitation), establishment (creation), enhancement, and/or, inl limited circumstances, preservation of aquatic resources: for thej purposes of offsetting unavoidable adverse impacts which remain after all appropriate andj practicable avoidance and Currently serviceable: Useable asi is or with some minor maintenance, buti not SO degraded as to Direct effects: Effects that are caused by the activity and occur at the same time andj place. Dischargec ofdredged material: means any addition of dredged materiali into U.S. waters. The termi includes, without limitation, the additiono of dredged: material to a specified discharge site locatedi in U.S. waters and therunoff or overflow froma contained land or water disposal area... The term does not includej plowing, cultivating, seeding and harvesting for thej production off food, fiber, andi forest products. Thet term doesi noti include de minimis, incidental soil movement occurring during Discharge of fill material: means thea addition of fill material intol U.S. waters. Thei term does noti include plowing, cultivating, seeding and] harvesting for thej production of food, fiber, andi forest products. The a. placement ofi fill thati isi necessary for the construction ofa any structure in U.S. waters; b.b building any structure or impoundment) requiringi rock, sand, dirt, or other material for construction; c. site-development fills fori recreational, industrial, commercial, residential, and other uses; resources and commercial andi recreational fishing opportunities. incurred. minimization has been achieved. essentially requirer reconstruction. normal dredging operations. (33 CFR323) term generallyi includes, without limitation, thef followingactivities: d. causeways or road fills; e. dams and dikes; f. artificial islands; h. beach nourishment; i. levees; . artificial reefs; and g. property protection or reclamation devices such asi riprap, groins, seawalls, breakwaters, revetments; k. filli for structures such ass sewage treatment facilities, intake and outfallj pipes associated withj power Dredged material: means: material thati is excavated or dredged from U.S. waters. (33 CFR323) Enhancement: Thei manipulation of thej physical, chemical, or biological characteristics of an aquatic resourcer tol heighten, intensify, ori improve as specific aquatic resource: function(s). Enhancement results int the gain of selected aquaticr resource function(s), but may also lead to a decline in other aquatic resourcei function(s). Enhancementdoes: not resulti in a gaini in aquatic resource: area. Ephemeral stream: A stream with: flowing water only during, and for a short duration, after precipitation eventsi in at typical year. Ephemeral stream beds are located abovet the water table year- round. Groundwater isi not a source of water for thes stream. Runoff from rainfall ist thej primarysourceof plants and subaqueous utility lines. (33 CFR323) water for stream flow. 49 Establishment (creation): Thei manipulation oft thej physical, chemical or biological characteristics to develop an aquatic resource that didi not previously exist at: an upland site. Establishment: results ina a gain Expansions: Work that increases the footprint ofi fill, depth ofbasin or drainage feature, structures or Fill material: any material used for thej primary purpose of replacinga an aquatic area with dryl land or of changing thel bottom elevation ofa waterbody. Thei term does not include any pollutant dischargedi into Federal: navigation projects (FNPs): These areas arei maintained by the Corps; authorized, constructed and maintained on thej premise that they willl be accessible and availablet to all on equal terms; and are comprised of Corps] Federal anchorages, Federal channels and] Federal turning basins. Information, including thel limits, is provided at AsBaANImaigtnset FNP Buffer Zone: Thel buffer zone ofa a Corps] FNPi is equal tot threet times the authorized depth oft the FNP. For additional informations see aEseANNSSdswwele Projects/High TideLine (HTL): means thel line ofi intersection of thel land witht thev water's surface at the maximum height reached by arising tide. Thel hight tidel line may be determined, int the absence ofactual data, by al line of oil or scum along shore objècts, ai more orl less continuous deposit off fine shell or debris ont thei foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitablei meansi that delineate the general height reached by ai rising tide. Thel line encompasses spring hight tides and other hight tides that occur withj periodic frequency but does noti include storm surges in which therei is a departure fromi thei normal or predictedi reach ofthet tide due tot thej piling up ofv water against a coast by strong winds. (33CFR328)Refer tot thel highest predicted tide fort the current year at the Poridemsehts/idsmdesenisslmesiss-indeh20aims Historicl Property: any property. listed or eligible for listingi in thel National Register of Intermittent stream: Ani intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfalli isas supplemental source of water fors stream flow. Indirect effects: Effectst that are caused byt the activity and arel later int time or farther removed in Individual: Permit: A Department oft the Army authorization thati isi issued followingac case-by-case evaluation ofas specific projecti in accordance with thej procedures oft thea applicable regulation and 33 CFR Part 325, and a determination that thej proposed structure or worki isi in thej publicinterest; pursuant to33 Living Shoreline: At term used to describea a combination of natural materials including plants, shell and rock or1 rock-like surfacesi that are used along an erosive shorelinei to dissipate wave energy and collect a. The repair, rehabilitation, ori in-kind replacement of any previously authorized, currently serviceable structure or: fill, or of any currently serviceable: structure or fill authorized' by 33 CFR330.3 = "Activities occurring before certain dates,' provided that thes structure or filli isi not tol bej putt to uses differing from those uses: specified or contemplated fori iti int the original permit or the most recently Minor deviations int thes irnucturesconfguration or filled area, including those duet to changes in materials, construction techniques, or current construction codes or safety standards that are necessary to makei repair, rehabilitation, or replacementa are authorized. Currently serviceablei means useable asi is or with somei maintenance, but not SO degraded as to Nos seaward expansion for bulkheads or any other fill activity is considered SVi maintenance. ins aquatic resource area. floats, or slip capacity. the water primarily to dispose of waste. (33 CFR323) nearest NOAA tide gage at either Newportor Historic Places. (33CFR325) distancel but are still reasonably foreseeable. CFRI Part320. (33 CFR322) naturally deposited sediment. Maintenance: authorized: modification. essentially requirereconstruction. 50 Only structures or fills that were] previously authorized and arei in compliance witht thet terms and condition oft the original authorization can bei maintained as ai non-regulated activity under 33 b. The state'smaintenance. provisions may differ from the Corps andi may requirereporting and written Contact the Corps to determine whether stream crossing replacements1 require al PCN. d. Exempted] Maintenance. In accordance with 33 CFR3 323.4(a)(2), any discharge of dredged or fill material that may result from any oft thei following activitiesi isi not] prohibited by or otherwise subject tor regulation under Section 404 oft the CWA: "Maintenance, including emergency reconstruction of recently damaged parts, ofc currentlys serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches, andt transportation structures. Maintenance does noti include any modification that changes the character, scope, or size oft the original fill Minor deviations: Deviations ini thes tructure'sconfiguration or filled area, including those due to changes in materials, construction techniques, or current construction codes or safety standards, which are necessary toi make repair, rehabilitation, or replacement: arej permitted, provided the: adverse environmental effects resultingi from such: repair, rehabilitation, or replacement: are: minimal. Navigabler watersoft thel United States: Navigable waters of thel United States arei those waters that are subject to the ebb and flow oft thet tide and/or are presently used, or havel been usedi ini thej past, or1 may be Ordinary! High Water Mark (OHW): Al line on the shore established byt thei fluctuations of water and indicated! by physical characteristics, or by other appropriate means that consider the characteristics oft the Perennial stream: Aj perennial stream has flowing water year-round during at typical year. The water tablei isl located above thes stream bed for most oft the year. Groundwater: ist thej primary source of water: for stream flow. Runoffi fromi rainfalli isas supplemental source of water for stream flow. Practicable: Available and capable of being done after takingi into consideration cost, existing Preservation: Thei removal ofat threat to, orj preventing the decline of, aquatici resources by an: action in or near those aquatic resources. Thist termi includes activities commonly associated with thej protection and maintenance of aquatic resources through thei implementation ofa appropriate! legal and physical mechanisms. Preservation doesi not resulti in ag gain of aquatic resource area or functions. Re-establishment: Thei manipulation of thej physical, chemical, or biological characteristics ofas site with the goal ofreturning natural/historic: functionsi to ai former aquatici resource. Re-establishment results in rebuilding af former aquatici resource: andi resultsi in a gaini in aquatic resource: area. Rehabilitation: Thei manipulation of thej physical, chemical, or biological characteristics ofas site with the goal ofi repairing natural/historic functions to a degraded aquatic resource. Rehabilitation resultsi in a gaini in: aquatic resource: function, but does not result ina a gain in aquatici resource area. Restoration: Thei manipulation ofthep physical, chemical, or biological characteristics ofas site with the goal ofreturningi natural/historic functions toa af former or degraded aquatic resource. Fort thej purpose of tracking net gainsi in aquatici resource: area, restoration is dividedi intot two categories: reestablishment and Secondary effects: These are effects on: an: aquatic ecosystem that are associated with a discharge of dredged or fill materials, but do not: result from the: actual placement oft the dredged or fill material. Information about secondary effects on aquatic ecosystems shall be considered prior tot thet timei final Section 404 action ist taken by permitting authorities. Some examples of secondary effects on an aquatic ecosystem are: a) aquatic areas drained, flooded, fragmented, or mechanically cleared, b) fluctuating water levels in ani impoundment and downstream associated with the operation ofa dam, c)s septict tank leaching CFR323.4(a)(2). authorization fromi thes state. design." The following definition is also applicable: susceptible for use tot transporti interstate or foreign commerce. surrounding areas. (33CFR328.36e) technology, and logisticsi in light of overall project purposes. rehabilitation. 51 ands surface runoff from residential or commercial developments oni fill, and d) leachate and runoffi from a Shellfish dredging: Shellfish dredging typically consists ofan net on af frame towed behind al boat to capture shellfish andi leave thes sediment behind. Dredges may skimi the surface, utilizel hydraulicj jets, Special aquatic sites: Thesei include inland ands saltmarsh wetlands, mud flats, vegetated shallows (submerged: aquatic vegetation), sanctuaries andi refuges, coral reefs, and riffle andj pool complexes. Streaml bed: Thes substrate of thes stream channel between the OHW marks. The substratei may be bedrock ori inorganic particles thati rangei ins size from clay tol boulders. Wetlands contiguoust to the streambed, but outside oft the OHW marks, arei not considered part oft the streambed. Stream channelization: Thei manipulation ofas stream'so course, condition, capacity, or location that causes moret than minimal interruption ofnormal stream processes. A channelized stream remainsa Structure: An object thati is arrangedi in a definite pattern of organization. Examples ofs structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap,jetty, artificial island, artificialreef, permanent mooring structure, power transmission line, permanently moored: floating vessel, piling, aid to navigation, ora any other manmade Temporary impacts: Temporary impactsi include waters of thel U.S. that aret temporarily filled, flooded, Tide gates: Structures such as duckbills, flap gates, manual ands self-regulating tide gates, etc. that Utility) Line: Any pipe or pipeline: for thet transportation ofa any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wirei for thet transmission for any purpose ofe electrical energy, telephone, data, and telegraphi messages, and radio and television communication. Thei term utility line does noti include activities that drain a water oft thel U.S., such as drainage tile or French drains, buti it Vegetated shallows: Permanentlyi inundated areast that under normal circumstances support communities ofrooted aquatic vegetation, such: as eelgrass and widgeon grass (Ruplamarltima) ini marine systems (doesn'tinclude: salt marsh) as well as ai number of freshwater species in rivers and lakes. Note: These Vernal pools (VPs): For thej purposes of these GPs, VPsa are depressional wetland basins that typically go dryi ini most years and may contain inlets or outlets, typically ofintermittent flow. Vernal poolsrange inl boths size and depth depending upon! landscapej position and parent material(s). Ini most years, VPs support one or more oft thei following obligatei indicator species: wood frog, spotted salamander, blue- spotted salamander, marbled salamander, Jefferson'ss salamander and fairys shrimp. However, they should Weir: A1 barrier across ar river designed to alter thei flow characteristics. In most cases, weirs taket the form ofal barrier, smaller than most conventional dams, across ariver that causes water toj pool behind the structure (not unlike a dam) and allows water to flow overt thet top. Weirs are commonly used to alter the flow regime oftheriver, prevent flooding measure discharge and helpi rendera ariver navigable. Waters ofthel United States: Waters of thel United States are defined in' Title 33 CFR] Part 328. These watersi include moret than navigable waters oft thel U.S. and aret the waters where permits are required for the discharge of dredged or fill material pursuant to Section 404 oft the Clean Water Act. Waters ofthe sanitary landfill located in waters oft the U.S. See 40CFR230.11(). toothedi rakes or suction apparatus. These are defined at 40CFR 230.3 and1 listedi in 40 CFR 230 Subpart. E. water oft thel United States. obstacle or obstruction. excavated, drained or mechanically cleared because of thei regulated activity. regulate orj prevent upstream tidal flows. does apply toj pipes conveying drainage: from another area. areas are also commonlyr referredt to as submerged aquatic vegetation (SAV). preclude sustainable populations of predatory: fish. U.S. includej jurisdictional wetlands. 52 M US Army Corps of Engineerse New England District Appendix E: Sel-Verification Notification Form This formi is required for allj projects in Rhodel Island. At] least two weeks before work commences, complete all fields (write "none" ifapplicable) below, sendi this form, Official Species) List (see GC11), documentationofTHPo and SHPOnotifications: ifapplicable, sitel locationi map, project plans (not required forprojects involving the installation of construction: mats only) anda any State orl local approval(s)to: Regulatory! Division, Branch B U.S. Army Corps of Engineers 696 Virginia Road Concord, MA 01742-2751 erSUsSATNYNV State Application Number if available: Permittee: Address, City, State & Zip:. Phone and Email: Agent: Address, City, State & Zip: Phone and) Email: Contractor: Address, City, State & Zip: Phone and Email: Project Name: Address, City, State & Zip: Lat. ON, Long° (Decimal Degrees):. Waterway Name: Estimated Work Dates: Start: ProjectLocation (provide detailed description & locus map): Finish: Work will be done under thei following GPs (circle all thatapply): 12341 - 5 - 6 178 - 9 OT2DBI4ISIIG7DBD 20 21 Area of Wetland Impacts (SF): Permanent: Area of Waterway Impacts (SF): Permanent: TOTAL: Project Impact (SF): Permanent: Temporary: Temporary: Temporary: 53 Describe the specific work that will be undertaken in waters and wetlands: Have the' THPO and the SHPO been notifiedo of thej proposed work pert thej procedures in GC10?Ifso, attach any responses: received tot this form. Yes date contacted No Are there Federally listed endangeredAhreatened species, other than thei northern! long-eared bat, present? (see GC11)Yes Applicable to GPs: No Are SAVs present that can or willl be impacted?: Yes 24 56 7 9 111415 161 19 20 Ist there unconfined work with impactt to diadromous: fish?: Yes No No Applicable to GPs: 56 Yes Does work comply with the mosti recent. RIDOT: Road-Stream Crossingl Design Manual: No Applicable to GP19. Will your projecti include any secondary effects? (Secondary effects include, but are not] limited to, non-tidal waters or wetlands drained, flooded, fragmented, or mechanically cleared: resulting from a single and complete project. See Appendix D. -Definitions.) IfYES, describel here: Your signature below, as permittee, indicates thatyou accept and agree to complywith the terms, eligibility criteria, and general conditions for Self-Verificationt under thel Rhodel Island GPs. Your project may proceedi under SV upon receiptofapplicable state permits unless otherwisen notified by USACE. Permittee Signature: Date: 54 Cosnk5 RECEIVED FEB 0 22 2022 TOWN OF TIVERTON RESOLUTION2022- 0003 Date: January 24, 2022 REQUEST TO GOVERNOR DANIEL MCKEE. AND' THE GINERAL ASSEMBLYTO INCREASE THEI NUMBER OF BASIC: POLICL TRAINING ACADEMY WHEREAS, It has come to the attention of the Tiverton Town Council that numerous municipalities throughout the State currently have vacancies in their respective police departments WHEREAS, The Rhode Island Municipal Police Training Academy (hereinafter referred to as "RIMPTA") was established to train and certify all municipal police officers, except those from WHEREAS, The Rhode Island Department of Public Safety oversees all the State of Rhode Island's public safety agencies including, RIMPTA, Rhode Island State Police Colonel James M. Manni currently serves as thel Director oft the Department of] Public Safety; and WHEREAS, As ai result oft the number of vacancies in municipal police departments throughout the State, the demand for newi recruit basic training has increased exponentially; and WHERLAS, Many departments are requesting to send recruits to the RIMPTA for their initial training and the RIMPTA cannot currently meet the demands for said recruit training; and WHEREAS, RIMPTA is currently only offering two (2) basic police training academy classes WHEREAS, The lack of basic police training opportunities being offered has created al backlog and has delayed efforts ofmunicipalities tol hire and train newj police officer candidates; and WHEREAS, The lack of basic police training opportunities being offered has created a backlog and has delayed efforts ofi municipalities to hire and train new police officer candidates. NOW THERCFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF TIVERTON, SECTION 1: The Town Council is requesting that Governor McKee and the General Assembly increase the frequency which RIMPTA provides initial recruit training to satisfy the current SECTION 2: That a copy oft this Resolution be forwarded to every Rhode Island Municipality, due to retirements and attrition; and the City ofProvidence; and per, year to train new: recruits, which last for twenty-two (22) weeks; and RHODE ISLAND AS FOLLOWS demands ofmunicipal police departments, State Senator, State. Representative, and the Governor, SECTION 3: THAT THIS RESOLUTION SHALL: BECOME EFFECTIVE IMMEDIATELY UPONITS. PASSAGE BY THE TIVERTONTOWNG COUNCIL. Read and passed by a vote of the' Town Council at the Tiverton Town Council meeting of January 24, 2022. Chabot joan Town Clerk Date: January 24, 2022 AorBChabet Gmsmbb RECEIVED FEB 0 2 2022 Tiverton Town Council Resolution 2022-0004 Change to R.I. Gen. Laws S8 16-7-40(c) and (d) Please consider a subtle change to R.I. Gen, Laws SS 16-7-40(c) and (d), which aligns the expiration ofall six temporary Housing Aid bonuses and affords LEAS an additional year in planning and construction lost addressing COVID-19, along with the global supply chain challenge. Sections 16-7-40, Increased school housing ratio. (c) For purposes of addressing health and safety deficiencies as defined by the school building authority, including thei remediation ofh hazardous materials, the school housing aid ratio shall be increased by five percent (5%) sO long as the construction oft the project commences by December 30, 2023, is completed by) December 30, 2027, and at two hundred fifty million dollar ($250,000,000) general obligation bond is approved on thel November 2018 ballot. In order to qualify for thei increased share ratio, twenty-five percent (25%) oft the project costs or a minimum offive hundred thousand dollars ($500,000) must be specifically directed to this purpose. (d) For purposes of educational enhancement, including projects devoted to the enhancement of early childhood education and career and technical education, the school housing aid ratio shall bei increased by five percent (5%) sO. long as construction oft the project commences by December 30, 2023, is completed by December 30, 2027, and ai two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or ai minimum offivel hundred thousand dollars ($500,000) must be specifically directed to these purposes. NOW, THEREFORE, BEITI RESOLVED: That the Tiverton Town Council respectfully requests the Rhode. Island General Assembly support the extension ofs 16-7-40. Increased RESOLVED: That a copy ofthis Resolution be forwarded to every. Rhode. Island Municipality, school housing ratio, School Committee, State Senator, State Representative, and the Governor. WHERETO: The: following bear witness; Auufldklun Denise M. deMedeiros, Town Council President 131/a044 Date