FINDINGS FOR THE
   RHODE ISLAND COASTAL NONPOINT PROGRAM


FOREWORD

     This document contains the findings for the coastal
nonpoint pollution control program submitted by the State of
Rhode Island pursuant to Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments of 1990 (CZARA).  The findings are
based on a review of the Rhode Island Coastal Nonpoint Program,
Final Program Submittal, July 1995 and supplemental material
provided by Rhode Island subsequent to the program submittal. 
The National Oceanic and Atmospheric Administration (NOAA)
and the U.S. Environmental Protection Agency (EPA) reviewed
this information and evaluated the extent to which it conforms with
the requirements of CZARA.

     NOAA and EPA commend Rhode Island on the substantial
amount of time and effort put into developing your program and
we appreciate the commitment you have shown to complete an
ambitious task with limited resources.  We will continue to work
with coastal states and territories to ensure that these findings
represent an accurate assessment of current state and territory
abilities and efforts to address coastal nonpoint source pollution. 
We recognize that there may be further administrative changes to
the coastal nonpoint program that will impact these findings and
we assure you that, once such changes are finalized, we will review
these findings in light of the changes and make any necessary
adjustments. 


APPROVAL DECISION

     NOAA and EPA approve the coastal nonpoint pollution
control program submitted by the State of Rhode Island pursuant to
Section 6217(a) of the Coastal Zone Act Reauthorization
Amendments of 1990, subject to certain conditions.  

     This document provides the specific findings used by
NOAA and EPA as the basis for the decision to approve Rhode
Island's program.  It also provides the rationale for the findings and
includes conditions that will need to be met for Rhode Island to
receive final approval of its program.  The timeframes associated
with conditions become effective on the date of the approval letter
for these findings.  We recognize that Rhode Island has already
proposed some changes to its program that would, if finalized,
ensure implementation of the management measures in conformity
with the section 6217(g) guidance.  In these cases, the conditions
are based on the State's proposed changes.
INTRODUCTION

      This document is organized by the major nonpoint source
categories and subcategories identified in the section 6217(g)
guidance and the administrative elements identified in the program
guidance (including the boundary for the 6217 management area). 
Where appropriate, NOAA and EPA have grouped categories and
subcategories of management measures into a single finding.  The
structure of each finding follows a standard format.  Generally, the
finding is that the state program includes or does not include
management measures in conformity with the (g) guidance and
includes or does not include enforceable policies and mechanisms
to ensure implementation.  In some cases, the finding reflects that
the state has identified a back-up enforceable policy, but has not
yet demonstrated the ability of the authority to ensure
implementation.  For further understanding of terms in this
document, the reader is referred to the following:

Guidance Specifying Management Measures for Sources of
Nonpoint Pollution in Coastal Waters (EPA, January 1993)
Coastal Nonpoint Pollution Control Program:  Program
Development and Approval Guidance (NOAA and EPA, January
1993)
Flexibility for State Coastal Nonpoint Programs (NOAA and EPA,
March 1995)

     The references in this document refer to the Rhode Island
Coastal Nonpoint Program, Final Program Submittal, July 1995
("program submittal").  NOAA and EPA have written this
document as succinctly as possible.  We have relied upon, but do
not repeat here, the extensive information that the State has
included in its program submittal.  Further information and
analysis, including material provided by Rhode Island subsequent
to the program submittal, is contained in the administrative record
for this approval decision and may be reviewed by interested
parties at the following locations:

EPA/Office of Wetlands, Oceans and Watersheds
Assessment & Watershed Protection Division
Nonpoint Source Control Branch
401 M St., SW (4503-F)
Washington, DC  20460
Contact:  Kristen Martin (202/260-7108)

NOAA/Office of Ocean and Coastal Resource Management
Coastal Programs Division
SSMC-4, N/ORM3
1305 East West Highway
Silver Spring, MD   20910
Contact:  William O'Beirne (301/713-3109, x160)

U.S. EPA, Region I
Kennedy Federal Building
Boston, MA  02203
Contact:  JoAnne Sulak (617/565-3619)

     I.   BOUNDARY  

FINDING:  Rhode Island has included the entire State as the
management area within which it will implement the coastal
nonpoint program.  Therefore, Rhode Island's boundary is
sufficient to control the land and water uses that have or are
reasonably expected to have a significant impact on the coastal
waters of Rhode Island.

     II.  AGRICULTURE 

FINDING:  Rhode Island has provided sufficient justification for a
categorical exclusion of agriculture, except for exclusion of the
measures for confined animal facilities and the nutrient
management measure as it applies to animal waste.  Rhode Island's
program includes management measures in conformity with the
6217(g) guidance for confined animal facilities and nutrient
management as it applies to animal waste.  Rhode Island has
identified back-up enforceable policies and mechanisms for
implementing these management measures but has not yet
demonstrated the ability of the authorities to ensure
implementation throughout the 6217 management area.

CONDITION:  Within three years, Rhode Island will demonstrate
the State's ability to achieve implementation of the management
measures for confined animal facilities and nutrient management as
it applies to animal waste agricultural management measures using
the approach described in the letter referenced below in the
Rationale.  Within one year, Rhode Island will identify measurable
results to be achieved during this three year timeframe.

RATIONALE:  Rhode Island has demonstrated that agriculture is
generally not a significant contributor of pollutants to Rhode
Island's coastal waters and agriculture is declining as a land use in
the State.  Therefore, except as described below, Rhode Island's
exclusion of agriculture from its program is justified.     Rhode
Island has not demonstrated that exclusion is warranted with
respect to confined animal facilities (large and small) and nutrient
management as it applies to animal waste.  Table 2, page 4.3 of the
program submittal indicates that there are 39 dairy farms, 9 poultry
operations, 17 hog operations, and 30 beef operations in Rhode
Island.  These are distributed throughout each of the counties of the
State (Table 3, page 4.3) and, with the exception of the beef
operations, most meet the applicability thresholds described in the
6217(g) guidance.  Given their proximity to coastal waters, these
operations present a significant threat to coastal waters by
discharge from the operations themselves as well as from land
application of animal waste.

     Subsequent to the program submittal, Rhode Island
submitted a letter providing additional information on how the
State could implement the agricultural management measures for
confined animal facilities and nutrient management as it applies to
animal waste.  As described in a letter from Scott Millar, Rhode
Island Department of Environmental Management (RIDEM) to
Peyton Robertson, NOAA, dated December 11, 1995, Rhode
Island has authority under the State's Water Quality Regulations
for Water Pollution Control to issue permits for confined animal
facilities and take enforcement action against anyone who
discharges agricultural wastes without a permit or in any manner
that degrades water quality.

     Under an existing Memorandum of Understanding signed
by RIDEM, the U.S. Department of Agriculture Natural Resources
Conservation Service (NRCS) and U.S. Department of Agriculture
Farm Services Agency (FSA), agricultural projects shall be
planned and designed in accordance with the NRCS Field Office
Technical Guide, NRCS National Planning Procedures Handbook,
and NRCS Agricultural Waste Management Field Handbook. 
These documents include practices that are in conformity with the
6217(g) guidance for confined animal facilities and nutrient
management.  Rhode Island proposes to use the State's voluntary
programs, administered by the RIDEM Division of Agriculture,
NRCS and FSA, backed by the State's water quality regulations, as
a means to ensure implementation of the management measures for
confined animal facilities and nutrient management as it applies to
animal waste.

     III. FORESTRY

FINDING:  Rhode Island has provided sufficient justification to
support a categorical exclusion of forestry from its coastal
nonpoint program.

RATIONALE:  Most forested land in Rhode Island is subdivided
into small tracts (1 to 9 acres), and most of the limited forestry
activity occurs in the western portion of the State, at a considerable
distance from the coast.  Cumulative removal volumes are low and
have been declining over the past 20 years.  Therefore, forestry
activities do not and are not reasonably anticipated to present
significant adverse impacts to coastal waters.

     IV.  URBAN RUNOFF

     A.   NEW DEVELOPMENT

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation.

RATIONALE:  Rhode Island's Coastal Resources Management
Council  (CRMC) implements a permitting program that includes
stormwater management requirements in conformity with the
6217(g) guidance, and RIDEM implements a freshwater wetland
permitting program that includes practices designed to achieve the
management measure.  Due to the extremely broad jurisdiction of
the freshwater wetlands permitting program, with the ability to
evaluate any activity (regardless of location) which might have a
potential impact on freshwater wetlands, and the specific
requirements of the CRMC permitting program, the State has the
ability to effectively implement the new development management
measure.  The State Land Development and Subdivision Review
Enabling Act of 1992 includes requirements for plan submissions
to local governments as part of their comprehensive plans, zoning
ordinances and subdivision regulations.  Section 45-23-41 A (2)
requires that, prior to any local approval of a building permit or
other local permits, an applicant must have all necessary State
permits, including CRMC and RIDEM freshwater wetlands
permits and a preliminary suitability analysis for onsite disposal
systems.  This provision provides further insurance that no project
with the potential to impact coastal waters can begin prior to
CRMC and/or RIDEM review and approval.

     Rhode Island plans to further improve implementation of
State laws related to land use planning, including development of a
model Stormwater Control Ordinance.  This model ordinance will
be implemented through changes to local subdivision and zoning
ordinances as described on page 6.35 of the program submittal. 
NOAA and EPA encourage the State to complete its model
Stormwater Control Ordinance.  This model ordinance will provide
an additional tool to manage urban runoff through incorporation
into local subdivision and zoning ordinances.

     B.   WATERSHED PROTECTION

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation.

RATIONALE:  As described on page 6.39 of the program
submittal, Rhode Island implements a number of State programs
that will ensure implementation of this management measure. 
Through the Rhode Island Coastal Resources Management
Program (RICRMP) and RIDEM freshwater wetland permitting
program, Rhode Island is able to preserve areas that provide
important water quality benefits and avoid conversion of lands that
are particularly susceptible to erosion and sediment loss.  These
programs can also be used, with the addition of State Acts related
to land use and planning (see pages 6.44-6.45 of the program
submittal), to ensure that development, including roads, highways
and bridges, is sited so as to protect the natural integrity of
waterbodies and natural drainage systems

Rhode Island is proposing further to amend the (RICRMP) rules to
adopt the specific language of the watershed protection
management measure as a standard for cases where filling,
removing or grading activities are undertaken or proposed. EPA
and NOAA encourage the State to complete this amendment as it
will further enhance the ability to ensure implementation. 

     C.   SITE DEVELOPMENT

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation.  

RATIONALE: As described above for watershed protection, the
RICRMP and freshwater wetland permitting program generally
provide the ability to address this management measure.  The
RICRMP is structured as a "coastal zoning program" and includes
policies that severely restrict and prohibit alterations to coastal
wetlands, beaches and dunes, thereby protecting areas that provide
important water quality benefits.  The CRMC's buffer zone
policies further protect natural drainage features and vegetation.  In
addition, Appendix 6 of the Rules and Regulations Governing the
Administration and Enforcement of the Freshwater Wetlands Act
includes performance criteria that applicants must meet to reduce
unavoidable impacts to wetlands, such as minimizing the extent of
disturbed area, using best management practices to stabilize
disturbed areas, and minimizing impervious surface areas.  We
encourage the State to pursue efforts to clarify the linkages
between its current standards and the management measure
through changes to the RICRMP, as discussed at pages 6.48-49 of
the program submission.



     D.   CONSTRUCTION SITE EROSION AND SEDIMENT
     CONTROL

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation.

RATIONALE:  As discussed above with respect to new
development, Rhode Island can implement this management
measure through programs implemented by the CRMC and
RIDEM.  The Rhode Island Soil Erosion and Sediment Control
Handbook includes practices which will be used to implement the
elements of this management measure.  This manual serves as the
technical reference for developing erosion and sediment control
plans for permitting decisions under both the CRMC and RIDEM
permitting program.

     Rhode Island also has locally administered erosion and
sediment control programs.  The Handbook referenced above for
State programs is also used in implementing local erosion and
sediment control ordinances.  Currently, 23 localities have local
erosion and sediment control programs to implement the
management measure, and 6 others are developing such programs. 
NOAA and EPA encourage the State to continue to work with
local governments in their development of programs by providing
technical assistance on practices that can be used to ensure
implementation of this management measure.

     E.   CONSTRUCTION SITE CHEMICAL CONTROL

FINDING:  Rhode Island's program does not yet provide for
implementation of management measures in conformity with the
6217(g) guidance and does not yet have enforceable policies and
mechanisms to ensure implementation throughout the management
area. 

CONDITION:  Within three years, Rhode Island will finalize
amendments to RICRMP Section 300.2 to implement the
management measure within the jurisdiction of CRMC, and amend
its Soil Erosion and Sediment Control Handbook to incorporate the
elements of the measure and ensure implementation in areas
outside of CRMC jurisdiction.

RATIONALE:  Rhode Island has already proposed to change the
RICRMP to implement this measure.  In addition, Rhode Island
can ensure implementation of this measure by modifying the
Handbook to include practices for construction site chemical
control.  As described above, the Handbook is used by RIDEM to
implement the freshwater wetlands permitting program and local
sediment and erosion control programs.  Revisions to the
Handbook to include construction site chemical control practices
and use of the Handbook by CRMC and RIDEM in their permit
review and enforcement activities will ensure implementation of
this management measure.  NOAA and EPA also encourage the
State to continue to work with local jurisdictions in developing
local erosion control programs that incorporate the revised
Handbook.

     F.   EXISTING DEVELOPMENT MANAGEMENT
     MEASURE

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation.

RATIONALE:  As described on pages 6.63-68 of the program
submittal, Rhode Island's program includes authorities that can be
used to ensure implementation of this measure.  Further,
subsequent to the program submittal, the State has completed
revisions to the Rhode Island Nonpoint Source Pollution
Management Plan (NSMP) that include both an updated
implementation schedule and priority system that will support
implementation of this management measure.  The NSMP was
adopted on October 12, 1995 by the State Planning Council as
Element 731 of the State Guide Plan.  Rhode Island's Interagency
Nonpoint Source Advisory Committee will assume a role in
implementation by identifying pollution reduction, prevention, and
education programs and by assisting in the development of new
programs.

     G.   NEW and OPERATING ONSITE DISPOSAL
     SYSTEMS (OSDS)

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance, except that it
does not have measures for (1) the inspection of operating OSDS,
and (2) the protection of nitrogen-limited surface waters.  Rhode
Island's program includes enforceable policies and mechanisms to
ensure implementation of the management measures.

CONDITION:  Within three years, Rhode Island will develop a
strategy to address inspections of existing OSDS and make
necessary program changes to address nitrogen-limited surface
waters.

RATIONALE:  Rhode Island has rules that include minimum
standards for the location, design, construction, and maintenance of
OSDS.  They are implemented through a permit requirement.  All
new OSDS require written approval prior to construction, as well
as a certificate of conformance prior to use or sale, and a
municipality may not issue a certificate of occupancy until the
applicant provides a certificate of conformance.

     However, Rhode Island's program does not address the
protection of nitrogen-limited surface waters from OSDS. 
Proposed revisions to the Rules and Regulations Establishing
Minimum Standards Relating to Location, Design, Construction
and Maintenance of Individual Sewage Disposal Systems will
bring Rhode Island into conformity with the 6217(g) management
measure for nitrogen-limited waters.  (page 6-81 of the program
submittal.)

     Rhode Island's program focuses on permitting new OSDS. 
This permitting process does not address the need to inspect OSDS
at a frequency to ascertain whether OSDS are failing.  Rhode
Island has expressed its intention to address this gap, and is
considering such approaches as an operating permit for large
systems, revisions to the regulations to require the use of double-
compartment septic tanks and effluent filters, and a requirement
that systems be inspected prior to a change in ownership  (page
6.90 of the program submittal).

     H.   POLLUTION PREVENTION

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance.

RATIONALE:  Rhode Island describes a number of existing
efforts and expectations for the Interagency Nonpoint Source
Advisory Committee to assume a coordinating role.  The existing
efforts generally address most of the components of the
management measure with the exception of programs for
discharges of pollutants from commercial and non-commercial
activities to storm drains.  NOAA and EPA encourage the State to
consider additional pollution prevention activities to address
discharges of pollutants into storm drains, including pollutants
from commercial activities such as parking lots, gas stations and
other entities not under National Pollutant Discharge Elimination
System (NPDES) purview.

     I.   ROADS, HIGHWAYS AND BRIDGES

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation.

RATIONALE: As described for the new development
management measure above, Rhode Island can ensure
implementation of these management measures through authorities
and permit processes administered by CRMC and RIDEM.  In
addition to these programs, Rhode Island has adopted the NSMP as
Element 731 of the State Guide Plan.  Further, the State Guide Plan
includes elements that address statewide systems planning for
physical development and the environment.  Highway projects
included in the State's Transportation Improvement Program must
be consistent with the State Guide Plan, including the NSMP.

     V.   MARINAS AND RECREATIONAL BOATING

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation.

RATIONALE:  Marina and recreational boating operations in
Rhode Island are subject to the administrative and regulatory
requirements of the RICRMP.  The Council reviews and approves
plans and permits for all new and expanding marinas and
administers the Municipal Harbor Management Program.  In
addition, RIDEM implements the State's water quality regulations,
which set specific criteria for state waters. Rhode Island currently
ensures compliance with marina permit requirements and water
quality standards regulations through routine field checks by
CRMC permit staff, working in concert with RIDEM Conservation
Officers.  When violations are found, the State can issue cease and
desist orders and impose fines; prosecution can occur when such
administrative remedies have been exhausted.

     Rhode Island has recognized the need to develop a clearer
link between operation and maintenance management measures for
marinas and CRMC authorities, and has proposed regulations at
RICRMP Section 300.4 to effect this linkage.  NOAA and EPA
applaud Rhode Island's leadership in developing a model marina
operations and maintenance program and strongly urge Rhode
Island to finalize proposed revisions to the RICRMP regulations as
described in Appendix 7A of the program submittal.  These
changes will further ensure the implementation of the marinas
management measures.


     VI.  HYDROMODIFICATION

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance, except that it
does not yet include management measures in conformity with the
6217(g) guidance for existing sources.  Rhode Island's program
includes enforceable policies and mechanisms to ensure
implementation.

CONDITION:  Within three years, Rhode Island will develop a
process to identify opportunities and, where appropriate,
implement practices to improve the physical and chemical
characteristics of surface waters and instream and riparian habitat
in existing channels and protect surface water quality and instream
riparian habitat at existing dams.

RATIONALE:  Rhode Island's submittal describes the provisions
of the RICRMP and programs administered by RIDEM to
implement the channelization and channel modification and dams
management measures.  RICRMP provisions apply to all public
and private channelization projects and dam construction activities
within the jurisdiction of the CRMC. RIDEM's Division of
Freshwater Wetlands regulates all projects that may alter
freshwater wetlands, as well as activities in close proximity to a
freshwater wetland that may impact the natural character,
functions, and/or values of the wetland, including nonpoint source
functions.  The RIDEM Division of Freshwater Wetlands also
holds delegated authority over construction of new dams and
alteration and maintenance of existing dams under the Inspection
of Dams and Reservoirs Act.

     The program submittal describes programs that adequately
address the first two elements of the channelization and channel
modification management measures and most of the elements of
the management measure for the protection of surface water quality
and instream and riparian habitat.  However, Rhode Island has not
addressed the need for identification and implementation of
opportunities to improve characteristics and habitat of existing
channels and to protect surface water quality and instream riparian
habitat at existing dams that are not being altered.  These elements
of the management measures need to be addressed to improve the
quality of waters that have already been altered by channelization
activities.

     Rhode Island has proposed amendments (described in
Appendix 8A) to the RICRMP that will further strengthen its
program by incorporating specific wording contained in the first
two elements of each of the two channelization management
measures and requiring applicants for new projects to demonstrate
that the intent of the measures has been met.  The State has further
proposed to amend Sections 310 and 300.2 of the RICRMP to
incorporate the definition of "dam" used in the measure and to
incorporate the specific wording of the dams management
measures.

     To address streambank and shoreline erosion, the RICRMP
includes provisions that: (i) prohibit structural shoreline protection
in many circumstances; (ii) favor nonstructural methods to control
erosion; (iii) require applicants for structural shoreline protection
to demonstrate that an increase in erosion in adjacent areas is not
likely; (iv) require a long-term maintenance program for proposed
structures; (v) require preparation of a design by a professional
engineer; (vi) specify setbacks in areas contiguous to the shoreline;
and (vii) specify buffer zones for many cases of new development
in wetland and riparian areas.  In addition, the Rules and
Regulations Governing the Administration and Enforcement of the
Freshwater Wetlands Act regulate all projects that may alter
freshwater wetlands, as well as activities in close proximity to a
freshwater wetland that may impact the natural character,
functions, and/or values of the wetland, including nonpoint source
functions (Rule 10.03 and 11.02).  As described on page 8.49 of
the program submittal, the CRMC has taken steps to ensure that
erosion of streambanks and its impacts are minimized even though
the State has not found that eroding shorelines present a nonpoint
source problem in Rhode Island's coastal waters.

     VII. WETLANDS, RIPARIAN AREAS AND VEGETATED
     TREATMENT SYSTEMS

FINDING:  Rhode Island's program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation,
except that it  does not protect wetlands and riparian areas that
serve a significant nonpoint source abatement function but are not
associated with environmental permits for new work.

CONDITION:  Within three years, Rhode Island will develop a
process to identify opportunities and, where appropriate,
implement practices to protect existing wetlands and riparian areas
that are not being actively altered but that serve a significant
nonpoint source abatement function.

RATIONALE:  RICRMP Section 140 requires setbacks in areas
contiguous to coastal wetlands for certain activities.  RICRMP
Section 150 requires buffer zones that apply to new residential
structures, certain alterations to existing residential structures, and
commercial and industrial development activities on a case-by-case
basis.  The Division of Freshwater Wetlands Rules and
Regulations Governing the Administration and Enforcement of the
Freshwater Wetlands apply statewide to all projects that may alter
freshwater wetlands, as well as activities in close proximity to a
freshwater wetland that may impact the natural character,
functions, and/or values of the wetland, including nonpoint source
functions (Rules 5, 10 and 11 ).  However, Rhode Island currently
lacks a process to identify and address potential impacts to
nonpoint source abatement functions in wetland and riparian areas
that do not come up for review as new activities under the State's
permit authorities.

     Rhode Island proposes to amend Section 210.3 of the
RICRMP to include a new policy which will incorporate the
specific wording of the management measure and will strengthen
the CRMC's ability to protect, manage and regulate coastal
wetlands serving a nonpoint source abatement function.  NOAA
and EPA encourage Rhode Island to adopt the proposed
amendments to the RICRMP to further strengthen implementation
of this management measure.

     The RICRMP contains various provisions which apply to
restoration of coastal wetlands within jurisdiction of the CRMC. 
In addition, the Narrow River and Salt Pond Special Area
Management Plans include requirements for mitigation that apply
to alteration of any wetland that is included in the Special Area
Management Plans.  Priority sites for restoration of wetlands will
be identified.  In addition, under some circumstances, RIDEM's
Division of Freshwater Wetlands may issue an order to restore a
freshwater wetland that includes details for restoration and a
completion deadline.

     The RICRMP promotes the use of engineered vegetated
treatment systems such as constructed wetlands and vegetated filter
strips through the publication of many handbooks and promotional
guidance materials.  As described on pages 9.39-9.43 of the
program submittal, RIDEM has a number of programs that also
work to promote the use of vegetated buffers and constructed
wetlands.  The proposed amendments to Sections 210.3 and 150 of
the RICRMP will further strengthen existing programs.

          VIII.     ADMINISTRATIVE COORDINATION

FINDING:  Rhode Island's program establishes mechanisms to
improve coordination among State agencies and between State and
local officials.

RATIONALE:  Rhode Island proposes to implement the coastal
nonpoint program statewide.  A combination of several programs
administered by agencies described in Chapter 2 of the program
submittal will be used to implement the provisions of the coastal
nonpoint program.  The State's submittal adequately describes the
role of the various agencies and their authorities.  Coordination
mechanisms include joint agency permit reviews for projects that
involve overlapping jurisdiction, and an Interagency Nonpoint
Source Advisory Committee.

     As described in the program submittal, Rhode Island
acknowledges the need to resolve differences between RIDEM
water classifications and CRMC water types.  NOAA and EPA 
support efforts that are underway to resolve inconsistencies
between these programs and strongly urge the State to work
towards resolution of remaining issues.

     IX.  PUBLIC PARTICIPATION

FINDING:  Rhode Island's program provides opportunities for
public participation in the development and implementation of the
coastal nonpoint program.

RATIONALE: The program submittal describes several activities
that provide opportunities for public participation during the
development and implementation phases of the coastal nonpoint
program.  These activities include several workshops and a
statewide conference on nonpoint source pollution and the program
requirements under section 6217.  Rhode Island also established
eight technical advisory subcommittees, organized on the basis of
section 6217 program requirements, including a subcommittee on
"Public Outreach and Technical Assistance."  Each subcommittee
included members from the general public and organizations
representing the public such as Save the Bay.  Rhode Island
provided a 30-day public comment period on the final program
submittal and received two comment letters during this period. 
The State responded to these comments.

     The Public Outreach and Technical Assistance
Subcommittee is responsible for coordinating and disseminating
nonpoint source outreach and technical assistance materials to the
public and other interested parties, developing a mechanism for
coordinating current and future public outreach and technical
assistance efforts on nonpoint source pollution issues, and
identifying a permanent clearinghouse for these materials.




     X.   TECHNICAL ASSISTANCE

FINDING:  Rhode Island has included programs that will provide
technical assistance to local governments and the public for
implementing additional management measures.

RATIONALE:  Rhode Island has proposed a variety of technical
assistance efforts for local governments and the public.  These
efforts will focus on numerous issues relative to nonpoint source
pollution activities. The assistance will be conducted by a variety
of sources including 
state agencies, academia, and regional entities such as the Rhode
Island Resource Conservation and Development Area Council.

     XI.  ADDITIONAL MANAGEMENT MEASURES

FINDING:  Rhode Island's program provides for implementation
and continuing revision of additional management measures
applicable to critical coastal areas and cases where (g) measures are
fully implemented but water quality threats or impairments persist.

RATIONALE:  Rhode Island's description of the Special Area
Management Planning activities, Greenwich Bay Initiative, and
Nonpoint Source Pollution Management Plan includes activities
that are currently underway or planned to address critical coastal
areas and areas where water quality impairments exist even after
(g) management measures or their equivalent have been
implemented.  The State further describes an ongoing process to
evaluate the success of (g) management measure implementation in
achieving program goals, based on land use and water quality data
derived from these efforts.  As described, Rhode Island fully
expects to develop, implement and periodically revise regulatory
controls that will satisfy the requirement for additional
management measures.

     XII. CRITICAL COASTAL AREAS

FINDING:  Rhode Island's program identifies and includes a
process for the continuing identification of critical coastal areas
adjacent to impaired and threatened coastal waters.

RATIONALE:  Rhode Island has identified a number of areas
already that could be considered critical coastal areas, including the
Salt Pond and Narrow River Watersheds and the Greenwich Bay
area.  These areas and the priority watersheds that will be identified
as part of the State's Nonpoint Source Pollution Management Plan
generally follow the second approach described in the program
guidance whereby the State relies on site-specific evaluations to
determine the extent of the critical coastal area.  In addition, the
CRMC's 200-foot permit jurisdiction generally follows the first
approach described in the program guidance whereby the State has
designated a strip of land along the shoreline that extends inland a
uniform distance.

          XIII.     MONITORING

FINDING:  Rhode Island's program does not include a plan to
assess over time the success of the management measures in
reducing pollutant loads and improving water quality as specified
in section 6217(g)(2)(F).

CONDITION:  Within two years, Rhode Island will develop a
plan that enables the State to assess over time the extent to which
implementation of management measures is reducing pollutant
loads and improving water quality.

RATIONALE:  In the program submittal, Rhode Island describes
a number of existing monitoring programs, including state and
federal programs and volunteer monitoring efforts.  However, the
State does not describe how these monitoring techniques will be
applied to assess over time whether the management measures are
reducing pollutant loads and improving water quality.  Rhode
Island should not need to undertake additional monitoring to
achieve the monitoring objectives of section 6217.  The coastal
nonpoint program monitoring plan can draw on existing
monitoring programs, but needs to provide a clear description of
how information gained from existing efforts will be combined in
order to assess the success of coastal nonpoint program
implementation.  Management measure tracking should be
incorporated into the plan to evaluate the effectiveness of
management measures in controlling nonpoint source pollution. 
This will enable the State to relate such implementation to changes
in water quality or pollutant loads.