HomeMy WebLinkAboutCA-15 Second Declaration Donna FrostholmSECOND DECLARATION OF DONNA
FROSTHOLM
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Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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BEFORE THE JEFFERSON COUTNY
HEARING EXAMINER
MARILYN SHOWALTER and JAN WOLD
Appellants,
vs.
JEFFERSON COUNTY,
Respondent,
and
ROCK ISLAND SHELLFISH; ROBERT
CARSON,
Respondent.
Case No.: 072525
(SDP2024-00006)
SECOND DECLARATION OF DONNA
FROSTHOLM
I, DONNA FROSTHOLM, hereby declare as follows:
1.I am over the age of 18 years, competent to be a witness herein, and make this
declaration based upon my personal knowledge.
2.I am the Associate Planner – Lead/Wetland Specialist for Jefferson County, Washington.
3.I have been employed with Jefferson County for 19 years, since March 2006.
4.I previously set forth my educational background and professional credentials as a
career biologist currently working as a public servant in my First Declaration dated July 15,
2025.
5.Attached is a copy of the Public Notice of Type III Land use Application (“NOA”) for
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SECOND DECLARATION OF DONNA
FROSTHOLM
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Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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SDP2024-00006 dated July 10, 2024, as Exhibit A.
6.Also attached is the SEPA Final Mitigated Determination of Non-Significance
(“MDNS”) dated May 20, 2025, as Exhibit B.
7. Appellants’ Motion to Dismiss alleges the NOA failed to include the “list of conditions
being considered to mitigate environmental impacts, if a mitigated DNS is expected.”
Appellants cite JCC 18.40.190(11)(d) and WAC 197-11-355(2)(b) and argue this “list of
condit ions” is required. However, I respectfully disagree with Appellants’ interpretation of what
is required under the optional DNS process.
8. The application was being reviewed under chapter 18.25 JCC (Shoreline Master
Program) for requirements pertaining to aquaculture, which included specific use regulations. At
the time, I did not yet know which specific SEPA provisions may be developed.
9. It is important to understand that when this NOA was issued using the optional DNS
process, there were no other conditions, beyond those required to show compliance with the
Shoreline Master Program, being considered as mitigating measures under SEPA.
10. The NOA included a description of the proposal, which listed measures the applicant
was proposing to minimize potential impacts to the shoreline environment (e.g., avoiding
eelgrass, extent of proposed project area, removal of derelict gear). These were included in the
project description at the time the application was noticed because they were known by DCD
and could serve as a basis for developing conditions. The optional DNS process is used to
determine if a proposed project has the potential to cause significant adverse impacts, and the
results of this process are then used to draft permit conditions.
11. Furthermore, the two biological reports cited in the NOA description were available to
the public for review during the 30-day comment period. The text of these reports could also be
used to draft permit conditions.
12.A separate issue raised by the Appellants was that DCD acted willfully in making
procedural errors. I want to address this head on. While DCD certainly defers to the Hearing
Examiner and the appeal process, it is important to clarify that I have never acted willfully or
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SECOND DECLARATION OF DONNA
FROSTHOLM
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Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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intentionally to cause errors. To the contrary, as a planner responsible for projects, I make every
effort to act in an ethical and professional manner.
I hereby declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge.
EXECUTED at Port Townsend, Washington, this 22nd day of July, 2025.
DONNA FROSTHOLM
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Exhibit A
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JEFFERSON COUNTY
PUBLIC NOTICE OF TYPE III LAND USE APPLICATION
SDP2024-00001
APPLICANT:
ROCK ISLAND SHELLFISH
P.O. BOX 181
PORT GAMBLE, WA 98364
Application Received Date: June 3, 2024
Application Complete Date: June 27, 2024
Application Notice Date: July 10, 2024
SITE ADDRESS AND PROJECT LOCATION: HOOD CANALTIDELANDS AT PARCELS 965100009,
965100010, AND 965100011 (LOCATED ALONG THE SOUTH SIDE OF KILLAPIE BEACH ROAD)
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
Shoreline substantial development permit application and flood development permit application to raise
Kumamoto oysters (Crassostrea sikamea) within private tidelands in Squamish Harbor in a rack and basket
system. SEAPA baskets, a near-bottom culture system, will be installed, maintained, and operated within the
intertidal zone between +4 feet to -4.2 feet mean lower low water. Each basket will be stocked with oyster seed.
Oysters will be raised to full growth prior to being harvested and sold commercially. SEAPA baskets will be placed
in approximately two acres (of the six-acre project area). Native eelgrass (Zostera marina) occurs within the
intertidal zone and oysters will be raised at least 16.5 feet from any place where the native eelgrass is present.
Gear abandoned in the intertidal area by a previous aquaculture operation will be removed as part of this
proposal. The applicant submitted a Habitat Report and a Habitat Management Plan. The proposal is subject to
review under the State Environmental Policy Act (SEPA) and the applicant submitted an Environmental Checklist.
COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS:
The application and any studies may be reviewed at the Jefferson County Department of Community
Development. All interested persons are invited to (a) comment on the application; (b) r eceive notice of and
participate in any hearings; and (c) receive a copy of the decision by submitting such written
comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review
Division, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4450. Comments concerning this
application should be submitted to the Department by 4:30 p.m. on May 3, 2024. If the last day of the comment
period falls on a weekend or holiday, then the comment period shall be extended to the first working day after the
weekend or holiday. Comments submitted after this date may not be considered in the staff report. The
application submittal and related documents are available online:
https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx?id=5992344&dbid=0&repo=Jefferson
SEPA ENVIRONMENTAL REVIEW:
The optional DNS process of the State Environmental Policy Act (SEPA), Washington Administrative Code (WAC)
197-11-355 is being used. This may be the only opportunity to comment on the environmental impacts of the
proposal. DCD reviewed the proposal for probable adverse environmental impacts and expects to issue a DNS.
This determination is based upon a review of the SEPA Checklist, project submissions, and other available
information. The SEPA Official has determined that:
If the proposal is approved, policies and performance standards found in the Jefferson County Code and the
Jefferson County Comprehensive Plan will be used to form permit conditions intended to mitigate adverse
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environmental impacts. Additional conditions or mitigation measures may be required under SEPA.
If the threshold determination is a Determination of Non-Significance (DNS) or a Mitigated Determination of
Non-Significance (MDNS), parties of record may appeal the decision to the Hearing Examiner within 14 days of
the final Notice of Decision. A Determination of Significance (DS) may not be appealed to the Hearing
Examiner. Decisions of the Hearing Examiner may not be further appealed except to Superior Court.
PUBLIC HEARING INFORMATION:
This is a Type III permit application. An open record hearing will be scheduled and separate public notice will be
provided at least 15 days prior to the hearing. A copy of the staff report will be made available for inspection at
no cost at least seven calendar days prior to such a hearing.
APPEALS:
The final permit decision for this Type III permit application will be made by the Hearing Examiner. Decisions of
the Hearing Examiner may not be further appealed except to Superior Court.
Project Planner: Donna Frostholm, 360-379-4466
For further information, please visit the Jefferson County Department of Community web page at
www.co.jefferson.wa.us/commdevelopment/
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Exhibit B
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