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HomeMy WebLinkAbout001 Pre-application Meeting NotesPRE2024-00005 Pre-application Conference for New Aquaculture Rock Island Shellfish Intertidal Area Adjacent to Parcels: 965100009, -010, -011 Attendees: Jesse DeNike; Plauche& Carr LLP; Marlene Meaders, Confluence Environmental Company; Donna Frostholm, Jefferson County Department of Community Development (DCD). Pre-application Meeting Date/Location: March 26, 2024/2:00 PM/Virtual Owner/Applicant: Rock Island Shellfish, P.O. Box 181, Port Gamble, Washington 98364 Description of Completed Work: Install rebar racks (1 meter wide by 5 meters long by 1 meter high) and attach Seaba baskets using Seaba storm clips. Gear for shellfish operations will be welded together at an upland location. Shellfish will be raised +4 feet to -4.2 feet. Aquaculture is proposed in Hood Canal, just west of the Hood Canal Bridge. DEVELOPMENT REVIEW The Jefferson County Code (JCC) is available online at the Jefferson County DCD homepage: https://co.jefferson.wa.us/260/Community-Development Land Use: • Zoning – Upland parcels owned by Robert Carson are zoned Rural Residential One Unit/5 Acres (RR 1:5). • State Environmental Policy Act (SEPA) – Proposal is subject to review under SEPA. Submit an Environmental Checklist. Shoreline Master Program (SMP): The SMP is in the process of being revised and the guidance below is based on current shoreline regulations. To be vested to the following SMP requirements, a complete shoreline application would need to be submitted prior to the effective date of the revised SMP. • Shoreline Environment Designation – Natural above OHWM; Aquatic below OHWM. • This type of aquaculture proposal would be reviewed as a shoreline substantial development permit (SSDP) application, using a Type III permitting process. Review of Type III SSDP applications require a 30-day notice of application. The final permitting decision would be made by the Jefferson County Hearing Examiner, and a public hearing would be noticed. The Hearing Examiner’s decision would be forwarded on to Ecology for review and filing. The proposal would be reviewed against the following sections of the SMP: o JCC18.25.440 – Aquaculture o JCC 18.25.540 – Substantial Development Criteria o JCC 18.25.230 through .250 (Article V – Shorelines of Statewide Significance) o JCC 18.25.270 through .320 (Article VI – General Policies and Regulations) Note: The species of shellfish to be raised needs to be identified in the application. The upland location to be used for storing and welding gear needs to be addressed in the biological reports prepared by Confluence, the Environmental Checklist, and the Joint Aquatic Resources Permit Application form, and needs to be shown to scale on the site plan. Critical Areas: Jefferson County mapping indicates the following critical areas may be present: • Fish and wildlife habitat conservation areas (FWHCAs): This segment of the shoreline has the potential to serve as habitat for listed fish species. There is a 150-foot shoreline buffer associated with the marine shoreline. The Coastal Atlas maps a continuous fringe of eelgrass and a patchy fringe of kelp along the shoreline. Submit a habitat management plan prepared by a qualitied professional that is consistent with Articles VI (Fish and Wildlife Habitat Conservation Areas) and Log Item 1 Page 1 of 3 IX (Special Reports) of Chapter 18.22 JCC and shows compliance with shoreline no net loss requirements (JCC 18.25.270(2)), including cumulative impacts (JCC 18.25.270(3)). • Wetlands: Submit a wetland report prepared by a qualified professional that complies with Articles VII (Wetlands) and IX (Special Reports) of Chapter 18.22 JCC. As cumulative impacts assessment should be included in the report. Note: Once the new SMP goes into effect, wetland buffers may be larger than they are under current SMP. • Geologically hazardous areas: The shoreline above OHWM is mapped as a geologically hazardous area. If any clearing, grading, or other ground -disturbing activities would occur above OHWM to weld the shellfish gear, a geotechnical report prepared by a qualified professional will be required. • Critical Aquifer Recharge Areas (CARAs) and seawater intrusion protection zones (SIPZs): The property is not mapped as a CARA but is mapped as a SIPZ (coastal). The proposal is not expected to affect the SIPZ, and the JCC does not require a report for shellfish operations. • Frequently flooded areas (Zone VE). Construction will occur within a Federal Emergency Management Agency (FEMA)-mapped floodplain. If the proposal is being reviewed at the federal level for compliance with the Endangered Species Act (as part of U.S. Army Corps of Engineers permitting), no Habitat Assessment will be required by the county at the time of application. However, if no federal permit is required, a Habitat Assessment must be submitted at the time of application that is consistent with the 2013 FEMA guidance document. Archaeology/Cultural Resources: • No report required at the time of application. However, if comments are received by Washington Department of Archaeology and Historic Preservation or the Tribes during noticing that indicates archaeological or cultural resources may be affected, then a report may be required . Stormwater: • Any development landward of OHWM must comply with JCC 18.30.060 (Grading and Excavation Standards) and 18.30.070 (Stormwater Management), and the 2019 Stormwater Management Manual for Western Washington. • Submit a Stormwater Calculation Worksheet and any other applicable stormwater sheets for any development landward of OHWM. • The development is required to ensure that sediments were not transported to the marine environment during construction. Application: Complete land use application includes: • Master Permit Application • Shoreline Supplemental Application • Site Plan • Diagram of installed system • Stormwater Calculation Worksheet and any applicable additional stormwater sheets • No Net Loss Report (Habitat Management Plan/Wetland Report), including Cumulative Impacts Assessment • Habitat Assessment (or Corps permitting paperwork) • Documentation that supports regulatory requirements in the SMP sections listed above • Joint Aquatic Resources Permit Application (JARP A) form • Shoreline Substantial Development Application: $4,525.70 ($2,675.00 – shoreline substantial development application; $149.00 – notice of application; $149.00 – notice of public hearing $12.00 – notice board; $26.75 – scanning fee; $1,298.44 – hearing examiner fee; $215.51 – 5% technology fee). BUILDING REVIEW No building permit is currently required to permit the shellfish operation. Log Item 1 Page 2 of 3 OTHER REGULATORY/LAND USE CONSIDERATIONS • The project must comply with the Shoreline Management Act. • The project may need a Hydraulic Project Approval (HPA) from Washington Department of Fish and Wildlife. • The project may require approval from Washington Department of Natural Resources. • This project may need a permit from the U.S. Army Corps of Engineers. This agenc y has jurisdiction over waters of the U.S., including wetlands. • Killapie Beach Road: The Jefferson County Board of County Commissioners previously closed this road by resolution. Therefore, this road cannot be used for this proposal without permission from Jefferson County Public Works. PRE-APPLICATION MEETING LIMITATIONS It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information provided by the administrator shall not bind or prohibit the county’s future application or enforcement of all applicable laws and regulations. No statement or assurance made by county representatives shall in any way relieve the applicant of his or her duty to submit an application consistent wi th all relevant requirements of county, state and federal codes, laws, regulations and land use plans. Pre-application meetings do not vest any portion of the proposed development proposal. Log Item 1 Page 3 of 3