250 R.I. Code R. 250-RICR-130-05-1.18

Current through December 26, 2024
Section 250-RICR-130-05-1.18 - Appendix I: Impact Avoidance and Minimization
A. Rhode Island's Freshwater Wetlands Act (R.I. Gen. Laws § 2-1-18, et seq.) and Water Pollution Act (R.I. Gen. Laws § 46-12-1, et seq.) require the Director to protect freshwater wetland values and water quality, respectively. It is important for the dam owner to recognize the Director's responsibilities under these laws and to plan his/her repair projects to minimize any negative impacts to freshwater wetlands and water quality values. In particular, the dam owner must:
1. Minimize the impacts from lowering the water elevation in a reservoir during a repair project, such as by installing a temporary cofferdam. This is necessary to reduce detrimental impacts to fish and wildlife associated with the wetland environment and to reduce loss of aquatic vegetation that serves as wildlife habitat. In the event that a dam owner is unable to install controls to maintain water in the reservoir to assist in protecting fish and wildlife habitat, the dam owner must specifically inform the Director of this situation and document in writing why water is not proposed to be maintained upstream of the dam during the repair activity. Efforts must be made to avoid drawdowns between April 15 to July 1, and to avoid significant drawdowns between October 15 and March 15.
2. Use best management practices regarding the installation of sediment and erosion controls to prevent sediment from entering adjacent waters of the state.
3. Minimize construction disturbance so as to keep disturbed soils and areas subject to erosion to a minimum.
4. Prevent any hazardous substances injurious to aquatic life used during the repair activity from entering any adjacent water and freshwater wetlands.
5. Stabilize all disturbed soils following construction activities to ensure erosion will not take place.
6. Minimize clearing of vegetation to that necessary to conduct the project and remove the slash material from adjacent freshwater wetlands and water bodies.
7. Use only the amount of fill of other material necessary to complete the project and minimize the placement of material in any flood plain.
8. Replace, restore or mitigate alterations to freshwater wetlands as deemed necessary in the opinion of the Department.

250 R.I. Code R. 250-RICR-130-05-1.18