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Pacific Northwest Office
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Seattle, WA 98101
206.588.4188
Gulf Coast Office
1110 River Rd S, Suite 200
Baton Rouge, LA 70802
225.256.4026
June 3, 2024
Jefferson County Community Development
621 Sheridan Street
Port Townsend, WA 98368
Re: Rock Island Shellfish
Shoreline Substantial Development Permit Application
Dear Department of Community Development
Enclosed, please find shoreline substantial development permit (“SDP”) application materials for Rock
Island Shellfish’s proposal to cultivate oysters in a rack and basket system on certain intertidal areas of
Parcel Nos. 965100009, 965100010, and 965100011 (“Project”).
This application follows a pre-application conference for the Project on March 26, 2024, with the
representatives for Rock Island Shellfish and Donna Frostholm.
All application items requested for the Project’s SDP are included, as follows:
Request Location
JARPA Attached .
SEPA Checklist Attached .
Master Permit Application Attached .
Shoreline Supplemental Application Attached .
Habitat Management Plan Attached .
Code Consistency Analysis Attached .
Wetland Analysis
Included within Habitat Management Plan.
See also Marine Survey s & Assessments
Habitat Report.
Site Plan Included within Habitat Management Plan .
Diagram of Installed System Included within Habitat Management Plan .
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Plauché & Carr LLP 2
Habitat Assessment or Corps Permitting
Paperwork
Rock Island Shellfish submitted the attached
JARPA to the U.S. Army Corps of Engineers
requesting a Corps permit for the Project.
The Project will obtain Endangered Species
Act and Essential Fish Habitat consultation
coverage pursuant to the programmatic
consultation for shellfish activities in
Washington State inland marine waters, and
it will comply with all terms, conditions, and
conservation measures associated with the
programmatic consultation (also attached).
Specification of cultivated species Addressed in Habitat Management Plan .
Location of area where rebar will be welded Addressed in Habitat Management Plan and
Permit Application Form .
Stormwater Calculation Worksheet Not applicable. No development landward of
OHWM proposed.
Thank you in advance for your time and attention to these application materials and review of the
Project.
Sincerely,
Jesse DeNike
JGD:am
Enc.
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Supplemental Shoreline Application Page 2 of 2
These activities require a formal statement of Exemption issued by Jefferson County.
Check ‘Statement of Exemption’ box on the front of this form and submit with Permit Application
to apply for your Exemption Approval.
18.25.570 Statement of Exemptions
(1) The administrator is hereby authorized to grant or deny requests for statements of exemption from the shoreline
substantial development permit requirement for uses and developments within shorelines that are specifically listed
above. Such statements shall be applied for on forms provided by the administrator. The statement shall be in writing
and shall indicate the specific exemption of this program that is being applied to the development, and shall provide a
summary of the administrator’s analysis of the consistency of the project with this program and the Act. As appropriate,
such statements of exemptions shall contain conditions and/or mitigating measures of approval to achieve consistency
and compliance with the provisions of this program and Act. A denial of an exemption shall be in writing and shall
identify the reason(s) for the denial. The administrator’s actions on the issuance of a statement of exemption or a denial
are subject to appeal pursuant to the appeal provisions in Article X of this chapter.
18.25.560 Exemptions listed – This is a summary from JCC18.25.560, please review the code section for
detailed information regarding these exemptions.
(1) Fair Market Value.
(2) Maintenance and Repair.
(3) Residential Bulkhead.
(4) Emergency Construction.
(5) Agriculture.
(6) Drainage.
(7) Navigation Aids.
(8) Single-Family Residences.
(9) Residential Docks.
(10) Irrigation.
(11) State Property.
(12) Energy Facilities.
(13) Site Exploration.
(14) Noxious Weeds.
(15) Watershed Restoration.
(16) Watershed restoration project”
(17) Watershed restoration plan”
(18) A public or private project, the primary purpose of
which is to improve fish or wildlife habitat or fish
passage.
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Carson • Habitat Report MSA | 1
Carson Habitat Report
(to accompany map dated 6/30/2023)
Introduction
Robert Carson of Rock Island Shellfish requested a habitat survey to delineate all submerged aquatic
vegetation (SAV) within the area of a proposed shellfish farm near the Hood Canal Bridge. The project
site is on Jefferson County parcel numbers 965100009, 965100010, 965100011 (Figure 1). The purpose
of this survey was to identify and document all flora, fauna, substrate types, depths, and other qualitative
information.
On June 6, 2023 from 10:00 am to 1:30 pm, Marine Surveys & Assessments (MSA) biologists surveyed
the intertidal zone along three survey transects that spanned all three parcels. Weather was clear with a
light wind.
Figure 1. Vicinity Map
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Survey Methods & Findings
The survey transect baseline was established along the upper beach, parallel to the ordinary high water
mark (OHWM); transects 1-3 ran perpendicular to this baseline. The transects were surveyed from east to
west, or when looking at the water from shore, from left to right. Transects varied in length from 460 ft to
545 ft and spanned all three upland parcels.
For each transect, MSA biologists navigated from the baseline using a 300-ft-long survey tape with
attached compass. Data related to the substrate, elevation, and SAV coverage was recorded every 10 ft
along each transect, using a slate and waterproof paper.
The substrate recorded along the upper beach was mainly cobble and boulders, quickly transitioning to
sand. Observed within the survey area were moon snails (Euspira lewisii), horse clams (Tresus sp.),
geoduck (Panopea generosa), ochre sea stars (Pisaster ochraceus), sand dollars (Dendraster excentricus),
unidentified small fish, and Pacific blood stars (Henricia leviuscula).
Eelgrass: Areas of the invasive eelgrass (Zostera japonica) (Zj) were noted in the upper part of the
survey area, transitioning to a mixed bed with the native eelgrass (Z. marina) (Zm) which ended
approximately 350 ft from the baseline (Figures 3 and 5). In the waterward portion of the survey area was
a bed of only Z. marina. Shoot counts ranged as follows:
• Z. japonica bed: 0 to 613.3 shoots/m2
• Mixed bed: 0 to 1,333.3 shoots/m2
• Z. marina bed: 0 to 128 shoots/m2
On every transect where eelgrass was found, first and last occurrence was noted, and density counts were
taken every 20 ft starting from a random distance along the transect within 10 ft of where eelgrass was
first and last noted. The density counts were taken using a 0.25 m2 quadrat. Three separate counts were
taken at each random distance and then averaged to represent the average density of each location. This
data was used to delineate the boundaries of the eelgrass, determine if it is a bed or a patch, and provide
random density counts throughout.
Eelgrass can be delineated as either a bed, a patch, or individual shoots. The U.S. Army Corps of
Engineers (USACE) defines an eelgrass bed as a minimum of 3 shoots per 0.25 m2 within 1 meter of any
adjacent shoot. An eelgrass bed can be composed of many patches if the patches are within 5 m (16 ft) of
each other. If the distance between patches is greater than 5 m, then it is not considered a continuous bed
but instead individual patches. Any individual eelgrass shoots that are farther apart than 1 m of each other
don’t constitute a patch or a bed.
Macroalgae: On T-2, Saccharina coverage (5-100%) started at the end of the mixed eelgrass bed and
continued beyond the survey area; on T-3 it started in the mixed eelgrass bed and on T-1 it started
approximately 470 ft from the baseline in the Z. marina bed (Figure 4). Multiple species of other attached
macroalgae at various densities were observed:
• Ulva 5-50%
• Mastocarpus 1-10%
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Carson • Habitat Report MSA | 3
• Porphyra 1-10%
• Plocamium 5%
• Sarcodiotheca 1-10%
• Gracilaria 5%
• Chondracanthus 5-10%
• Desmarestia a. 5%
Summary: The full survey results can be seen in Table 1. A map showing total macroalgae percent cover
and eelgrass bed presence can be seen in Figure 5. Ulva is not included in the map because this area is not
documented as herring spawning habitat by Washington Department of Fish and Wildlife (WDFW).
Please note the depths in this report are for referencing habitat data only and can have an error of +/- 1 ft;
these depths should not be used for engineering purposes.
All protocols and methods used for this habitat survey are in compliance with guidance given by WDFW
published in Eelgrass/Macroalgae Habitat Interim Survey Guidelines (rev. 06/16/2008) and with the
procedures outlined in the USACE’s Components of a Complete Eelgrass Delineation Report (January 9,
2018).
Figure 2. Looking waterward from the upper beach
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Carson • Habitat Report MSA | 4
Figure 3. Close up of the mixed eelgrass bed; both Z. japonica and Z. marina are visible
Figure 4. Z. marina and kelp at the end of T-1
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Carson • Habitat Report MSA | 5
Figure 5. Habitat survey results map
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Carson • Habitat Report MSA | 6
Table 1. Habitat survey results
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
1 0 Small Cobble/Large
Cobble/Boulders. None. Barren.
1 10 Small Cobble/Large
Cobble/Boulders. None. Mastocarpus 1%.
1 20 Small Cobble/Large
Cobble/Boulders. None. Ulva 5%; Mastocarpus 5%.
1 30 Small Cobble/Large
Cobble/Boulders. None. Ulva 10%; Mastocarpus
10%; Porphyra 5%.
1 40 Sand/Large Cobble. None. Ulva 20%; Porphyra 10%.
1 50 Sand/Large Cobble. None. Ulva 25%; Porphyra 10%.
1 60 Sand/Large Cobble. None. Ulva 40%; Porphyra 5%.
1 70 Sand/Large Cobble. None. Ulva 40%; Porphyra 5%.
1 80 Sand/Large Cobble. None. Ulva 40%.
1 90 Sand. None. Ulva 50%.
1 100 Sand. None. Ulva 30%.
1 109 Sand. Zj eelgrass bed starts. Ulva 30%.
1 110 Sand. Zj eelgrass bed. Ulva 30%.
1 112 Sand. Zj eelgrass bed (149.3). Ulva 30%.
1 120 Sand. Zj eelgrass bed. Ulva 25%.
1 130 Sand. Zm & Zj eelgrass bed. Ulva 25%.
1 132 Sand. Zm & Zj eelgrass bed
(0). Ulva 25%.
1 140 Sand. Zm & Zj eelgrass bed. Ulva 20%.
1 150 Sand. Zm & Zj eelgrass bed. Ulva 20%.
1 152 Sand. Zm & Zj eelgrass bed
(0). Ulva 20%.
1 160 Sand. Zm & Zj eelgrass bed. Ulva 20%.
1 170 Sand. Zm & Zj eelgrass bed. Ulva 20%.
1 172 Sand. Zm & Zj eelgrass bed
(314.7). Ulva 20%.
1 180 Sand. Zm & Zj eelgrass bed. Ulva 20%.
1 190 Sand. Zm & Zj eelgrass bed. Ulva 20%.
1 192 Sand. Zm & Zj eelgrass bed
(21.3). Ulva 20%.
1 200 Sand. Zm & Zj eelgrass bed. Ulva 20%.
1 210 Sand. Zm & Zj eelgrass bed. Ulva 20%.
1 212 Sand. Zm & Zj eelgrass bed
(80). Ulva 20%.
1 220 Sand. Zm & Zj eelgrass bed. Ulva 25%.
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Carson • Habitat Report MSA | 7
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
1 230 Sand. Zm & Zj eelgrass bed;
Zm density increases. Ulva 25%.
1 232 Sand. Zm & Zj eelgrass bed
(106.7). Ulva 25%.
1 240 Sand. Zm & Zj eelgrass bed. Ulva 10%.
1 250 Sand. Zm & Zj eelgrass bed. Ulva 10%.
1 252 Sand. Zm & Zj eelgrass bed
(1333.3). Ulva 10%.
1 260 Sand. Zm & Zj eelgrass bed. Ulva 5%.
1 270 Sand. Zm & Zj eelgrass bed. Ulva 5%.
1 272 Sand. Zm & Zj eelgrass bed
(506.7). Ulva 5%.
1 280 Sand. Zm & Zj eelgrass bed. Ulva 5%.
1 290 Sand. Zm & Zj eelgrass bed. Ulva 5%.
1 292 Sand. Zm & Zj eelgrass bed
(453.3). Ulva 5%.
1 300 Sand. Zm & Zj eelgrass bed. Ulva 10%.
1 310 Sand. Zm & Zj eelgrass bed. Ulva 10%.
1 312 Sand. Zm & Zj eelgrass bed
(480). Ulva 10%.
1 320 Sand. Zm & Zj eelgrass bed. Ulva 10%; Plocamium 5%.
1 330 Sand. Zm & Zj eelgrass bed. Ulva 10%.
1 332 Sand. Zm & Zj eelgrass bed
(480). Ulva 10%.
1 340 Sand. Zm & Zj eelgrass bed. Ulva 20%; Sarcodiotheca
5%.
1 350 Sand. Zm & Zj eelgrass bed. Ulva 20%; Sarcodiotheca
5%.
1 352 Sand. Zm & Zj eelgrass bed
(373.3).
Ulva 20%; Sarcodiotheca
5%.
1 360 Sand. Zm & Zj eelgrass bed. Ulva 20%; Sarcodiotheca
5%.
1 367 Sand. Zm & Zj eelgrass bed
ends.
Ulva 20%; Sarcodiotheca
5%.
1 370 Sand. None. Ulva 20%; Sarcodiotheca
5%.
1 380 Sand. None. Ulva 20%.
1 390 Sand. None. Ulva 20%.
1 400 Sand. None. Ulva 25%; Sarcodiotheca
1%.
1 410 Sand. None. Ulva 25%; Sarcodiotheca
1%.
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Carson • Habitat Report MSA | 8
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
1 420 Sand. None. Ulva 40%; Sarcodiotheca
5%.
1 430 Sand. None. Ulva 40%; Sarcodiotheca
5%.
1 440 Sand. None. Ulva 40%; Sarcodiotheca
5%.
1 450 Sand. Zm eelgrass bed starts. Ulva 30%; Sarcodiotheca
10%.
1 453 Sand. Zm eelgrass bed (5.3). Ulva 30%; Sarcodiotheca
10%.
1 460 Sand. Zm eelgrass bed. Ulva 30%; Sarcodiotheca
10%.
1 470 Sand. Zm eelgrass bed.
Ulva 20%; Sarcodiotheca
10%; Gracilaria 5%;
Saccharina 10%.
1 473 Sand. Zm eelgrass bed (0).
Ulva 20%; Sarcodiotheca
10%; Gracilaria 5%;
Saccharina 10%.
1 480 Sand. Zm eelgrass bed.
Ulva 20%; Sarcodiotheca
10%; Gracilaria 5%;
Saccharina 10%.
1 490 Sand. Zm eelgrass bed.
Ulva 10%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
1 493 Sand. Zm eelgrass bed (21.3).
Ulva 10%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
1 500 Sand. Zm eelgrass bed.
Ulva 10%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
1 510 Sand. Zm eelgrass bed.
Ulva 10%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
1 513 Sand. Zm eelgrass bed (0).
Ulva 10%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
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Carson • Habitat Report MSA | 9
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
1 520 Sand. Zm eelgrass bed.
Ulva 10%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
1 523 Sand. Zm eelgrass bed (0).
Ulva 10%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
1 525 Sand. Zm eelgrass bed ends.
Ulva 10%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
1 530 Sand. None. Ulva 10%; Sarcodiotheca
5%; Saccharina 50%.
1 540 Sand. None.
Ulva 10%; Sarcodiotheca
5%; Saccharina 100%
(continues).
1 545 Sand. None. Barren.
2 0 Small Cobble/Large
Cobble/Boulders. None. Barren.
2 10 Small Cobble/Large
Cobble/Boulders. None. Ulva 5%; Mastocarpus 5%.
2 20 Small Cobble/Large
Cobble/Boulders. None. Ulva 5%; Mastocarpus 5%.
2 30 Sand/Large Cobble. None. Ulva 10%; Porphyra 1%.
2 40 Sand. None. Ulva 20%; Porphyra 5%.
2 50 Sand. None. Ulva 20%; Porphyra 5%.
2 60 Sand. None. Ulva 40%; Porphyra 5%.
2 70 Sand. None. Ulva 40%; Porphyra 5%.
2 80 Sand. None. Ulva 10%.
2 90 Sand. None. Ulva 10%.
2 100 Sand. None. Ulva 10%.
2 110 Sand. None. Ulva 10%.
2 120 Sand. None. Ulva 30%.
2 130 Sand. None. Ulva 30%.
2 140 Sand. None. Ulva 30%.
2 146 Sand. Zj eelgrass bed starts. Ulva 30%.
2 149 Sand. Zj eelgrass bed (96). Ulva 30%.
2 150 Sand. Zj eelgrass bed. Ulva 25%.
2 160 Sand. Zj eelgrass bed. Ulva 25%.
2 169 Sand. Zj eelgrass bed (112). Ulva 25%.
2 170 Sand. Zj eelgrass bed. Ulva 25%.
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Carson • Habitat Report MSA | 10
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
2 180 Sand. Zm & Zj eelgrass bed. Ulva 25%.
2 189 Sand. Zm & Zj eelgrass bed
(1066.7). Ulva 5%.
2 190 Sand. Zm & Zj eelgrass bed. Ulva 5%.
2 200 Sand. Zm & Zj eelgrass bed. Ulva 5%.
2 209 Sand. Zm & Zj eelgrass bed
(0). Ulva 5%.
2 210 Sand. Zm & Zj eelgrass bed. Ulva 5%.
2 220 Sand. Zm & Zj eelgrass bed. Ulva 5%.
2 229 Sand. Zm & Zj eelgrass bed
(154.7). Ulva 5%.
2 230 Sand. Zm & Zj eelgrass bed. Ulva 15%.
2 240 Sand. Zm & Zj eelgrass bed. Ulva 15%.
2 249 Sand. Zm & Zj eelgrass bed
(0). Ulva 15%.
2 250 Sand. Zm & Zj eelgrass bed. Ulva 15%.
2 260 Sand. Zm & Zj eelgrass bed. Ulva 15%.
2 269 Sand. Zm & Zj eelgrass bed
(0). Ulva 15%.
2 270 Sand. Zm & Zj eelgrass bed. Ulva 20%; Sarcodiotheca
5%; Gracilaria 5%.
2 280 Sand. Zm & Zj eelgrass bed. Ulva 20%; Sarcodiotheca
5%; Gracilaria 5%.
2 289 Sand. Zm & Zj eelgrass bed
(0).
Ulva 20%; Sarcodiotheca
5%; Gracilaria 5%.
2 290 Sand. Zm & Zj eelgrass bed. Ulva 20%; Sarcodiotheca
5%; Gracilaria 5%.
2 300 Sand. Zm & Zj eelgrass bed. Ulva 20%.
2 309 Sand. Zm & Zj eelgrass bed
(138.7). Ulva 20%.
2 310 Sand. Zm & Zj eelgrass bed. Ulva 30%.
2 320 Sand. Zm & Zj eelgrass bed. Ulva 30%.
2 325
Sand; Old
aquaculture
structure starts.
Zm & Zj eelgrass bed. Ulva 30%.
2 329 Sand. Zm & Zj eelgrass bed
(0). Ulva 30%.
2 330 Sand. Zm & Zj eelgrass bed. Ulva 40%.
2 335 Sand. Zm & Zj eelgrass bed
ends. Ulva 40%.
2 340 Sand. None. Ulva 40%.
2 350 Sand. None. Ulva 20%; Porphyra 10%;
Saccharina 10%.
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Carson • Habitat Report MSA | 11
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
2 360 Sand. None.
Ulva 20%; Porphyra 10%;
Plocamium 5%;
Sarcodiotheca 5%;
Saccharina 10%.
2 370 Sand. None.
Ulva 20%; Porphyra 10%;
Plocamium 5%;
Sarcodiotheca 5%;
Chondracanthus 5%;
Saccharina 10%.
2 380 Sand. None.
Ulva 20%; Porphyra 10%;
Plocamium 5%;
Sarcodiotheca 5%;
Chondracanthus 5%;
Saccharina 10%.
2 390 Sand. None.
Ulva 20%; Porphyra 10%;
Plocamium 5%;
Sarcodiotheca 5%;
Chondracanthus 5%;
Saccharina 10%.
2 400 Sand. None.
Ulva 50%; Sarcodiotheca
5%; Chondracanthus 5%;
Saccharina 5%.
2 410 Sand. None.
Ulva 50%; Sarcodiotheca
5%; Chondracanthus 5%;
Saccharina 5%.
2 420 Sand. None.
Ulva 50%; Sarcodiotheca
5%; Chondracanthus 10%;
Saccharina 20%.
2 430 Sand. None.
Ulva 50%; Sarcodiotheca
5%; Chondracanthus 10%;
Saccharina 20%.
2 433
Sand; Old
Aquaculture
structure ends.
None.
Ulva 50%; Sarcodiotheca
5%; Chondracanthus 10%;
Saccharina 20%.
2 440 Sand. None.
Ulva 30%; Sarcodiotheca
5%; Chondracanthus 10%;
Saccharina 30%.
2 447 Sand. Zm eelgrass bed starts. Ulva 30%; Sarcodiotheca
5%; Saccharina 30%.
2 450 Sand. Zm eelgrass bed (0). Ulva 20%; Sarcodiotheca
5%; Saccharina 25%.
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Carson • Habitat Report MSA | 12
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
2 460 Sand. Zm eelgrass bed. Ulva 20%; Sarcodiotheca
5%; Saccharina 25%.
2 470 Sand. Zm eelgrass bed (0). Ulva 20%; Sarcodiotheca
10%; Saccharina 40%.
2 480 Sand. Zm eelgrass bed. Ulva 20%; Sarcodiotheca
10%; Saccharina 40%.
2 490 Sand. Zm eelgrass bed (0). Ulva 20%; Sarcodiotheca
10%; Saccharina 40%.
2 500 Sand. Zm eelgrass bed
continues.
Ulva 20%; Sarcodiotheca
10%; Saccharina 40%
(continues).
3 0 Sand/Large
Cobble/Boulder. None. Mastocarpus 5%.
3 10 Sand/Large
Cobble/Boulder. None. Ulva 5%; Mastocarpus
10%.
3 20 Sand/Large Cobble. None. Ulva 10%.
3 30 Sand/Large Cobble. None. Ulva 20%.
3 40 Sand. None. Ulva 20%.
3 50 Sand. None. Ulva 10%.
3 60 Sand. None. Ulva 10%.
3 70 Sand. None. Ulva 10%.
3 80 Sand. None. Ulva 10%.
3 90 Sand. None. Ulva 5%.
3 100 Sand. None. Ulva 5%.
3 110 Sand. None. Ulva 5%.
3 120 Sand. None. Ulva 5%.
3 130 Sand. None. Ulva 5%.
3 140 Sand. None. Ulva 10%.
3 150 Sand. None. Ulva 10%.
3 160 Sand. None. Ulva 10%.
3 162 Sand. Zj eelgrass bed starts. Ulva 10%.
3 165 Sand. Zj eelgrass bed (0). Ulva 10%.
3 170 Sand. Zj eelgrass bed. Ulva 5%.
3 180 Sand. Zj eelgrass bed. Ulva 5%.
3 185 Sand. Zj eelgrass bed (0). Ulva 5%.
3 190 Sand. Zj eelgrass bed. Ulva 20%.
3 200 Sand. Zj eelgrass bed. Ulva 20%.
3 205 Sand. Zj eelgrass bed (613.3). Ulva 20%.
3 210 Sand. Zj eelgrass bed. Ulva 30%.
3 220 Sand. Zm & Zj eelgrass bed. Ulva 30%.
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Carson • Habitat Report MSA | 13
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
3 225 Sand. Zm & Zj eelgrass bed
(442.7). Ulva 30%.
3 230 Sand. Zm & Zj eelgrass bed. Ulva 30%.
3 240 Sand. Zm & Zj eelgrass bed. Ulva 20%.
3 245 Sand. Zm & Zj eelgrass bed
(144). Ulva 20%.
3 250 Sand. Zm & Zj eelgrass bed. Ulva 20%.
3 260 Sand. Zm & Zj eelgrass bed. Ulva 20%.
3 265 Sand. Zm & Zj eelgrass bed
(304). Ulva 20%.
3 270 Sand. Zm & Zj eelgrass bed. Ulva 20%.
3 280 Sand. Zm & Zj eelgrass bed. Ulva 20%.
3 285 Sand. Zm & Zj eelgrass bed
(213.3). Ulva 20%.
3 290 Sand. Zm & Zj eelgrass bed. Ulva 20%.
3 300 Sand. Zm & Zj eelgrass bed.
Ulva 30%; Sarcodiotheca
5%; Chondracanthus 5%;
Saccharina 5%.
3 305 Sand. Zm & Zj eelgrass bed
(106.7).
Ulva 30%; Sarcodiotheca
5%; Chondracanthus 5%;
Saccharina 5%.
3 310 Sand. Zm & Zj eelgrass bed.
Ulva 30%; Sarcodiotheca
5%; Chondracanthus 5%;
Saccharina 5%.
3 320 Sand. Zm & Zj eelgrass bed.
Ulva 30%; Sarcodiotheca
5%; Chondracanthus 5%;
Saccharina 5%.
3 325 Sand. Zm & Zj eelgrass bed
(69.3).
Ulva 30%; Sarcodiotheca
5%; Chondracanthus 5%;
Saccharina 5%.
3 330 Sand. Zm & Zj eelgrass bed.
Ulva 30%; Sarcodiotheca
5%; Chondracanthus 5%;
Saccharina 5%.
3 340 Sand. Zm & Zj eelgrass bed.
Ulva 30%; Sarcodiotheca
5%; Chondracanthus 5%;
Saccharina 5%.
3 345 Sand. Zm & Zj eelgrass bed
(170.7).
Ulva 40%; Porphyra 5%;
Sarcodiotheca 5%;
Saccharina 5%.
3 350 Sand. Zm & Zj eelgrass bed.
Ulva 40%; Porphyra 5%;
Sarcodiotheca 5%;
Saccharina 5%.
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Carson • Habitat Report MSA | 14
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
3 353 Sand. Zm eelgrass bed.
Ulva 40%; Porphyra 5%;
Sarcodiotheca 5%;
Saccharina 5%.
3 360 Sand. Zm eelgrass bed.
Ulva 40%; Porphyra 5%;
Sarcodiotheca 5%;
Saccharina 5%.
3 365 Sand. Zm eelgrass bed (0).
Ulva 40%; Porphyra 5%;
Sarcodiotheca 5%;
Saccharina 5%.
3 370 Sand. Zm eelgrass bed.
Ulva 40%; Porphyra 5%;
Sarcodiotheca 5%;
Saccharina 20%.
3 380 Sand. Zm eelgrass bed.
Ulva 40%; Porphyra 5%;
Sarcodiotheca 5%;
Saccharina 20%.
3 385 Sand. Zm eelgrass bed (128).
Ulva 50%; Sarcodiotheca
10%; Chondracanthus 5%;
Saccharina 20%.
3 390 Sand. Zm eelgrass bed.
Ulva 50%; Sarcodiotheca
10%; Chondracanthus 5%;
Saccharina 20%.
3 400 Sand. Zm eelgrass bed.
Ulva 50%; Sarcodiotheca
10%; Chondracanthus 5%;
Saccharina 20%.
3 405 Sand. Zm eelgrass bed (58.7).
Ulva 50%; Sarcodiotheca
10%; Chondracanthus 5%;
Saccharina 20%.
3 410 Sand. Zm eelgrass bed.
Ulva 40%; Sarcodiotheca
10%; Chondracanthus 5%;
Saccharina 20%.
3 420 Sand. Zm eelgrass bed.
Ulva 40%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
3 425 Sand. Zm eelgrass bed (10.7).
Ulva 40%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
3 430 Sand. Zm eelgrass bed.
Ulva 40%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
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Carson • Habitat Report MSA | 15
Transect Distance
(ft)
Substrate and
Other Features
Noted
Eelgrass presence
(shoots per square
meter)
Macroalgae cover
3 440 Sand. Zm eelgrass bed.
Ulva 40%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 20%.
3 445 Sand. Zm eelgrass bed (5.3).
Ulva 40%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 40%.
3 450 Sand. Zm eelgrass bed.
Ulva 40%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 40%.
3 460 Sand. Zm eelgrass bed
continues.
Ulva 40%; Sarcodiotheca
10%; Gracilaria 5%;
Desmarestia a. 5%;
Saccharina 40%
(continues).
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146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com
Rock Island Shellfish
HABITAT MANAGEMENT PLAN
Prepared for:
Plauché & Carr LLP
May 2024
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146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com
Rock Island Shellfish
HABITAT MANAGEMENT PLAN
Prepared for:
Plauché & Carr LLP
1218 3rd Ave, Suite 200
Seattle, WA 98101
Attn: Jesse DeNike
Authored by:
Marlene Meaders and Margaret Wolf
Confluence Environmental Company
May 2024
This report should be cited as:
Confluence (Confluence Environmental Company). 2024. Rock Island Shellfish: Habitat Management Plan. Prepared for Plauché
& Carr, Seattle, Washington, by Confluence, Seattle, Washington.
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TABLE OF CONTENTS
MARLENE MEADERS ................................................................................................................................................ IV
MARGARET WOLF ..................................................................................................................................................... IV
1.0 INTRODUCTION ................................................................................................................................................... 1
2.0 SPECIES AND HABITATS ANALYZED ............................................................................................................... 3
3.0 EXISTING SETTING AND SURROUNDING LAND USE ..................................................................................... 5
4.0 PROJECT OVERVIEW ......................................................................................................................................... 6
4.1 Project Description ................................................................................................................................... 6
4.1.1 Project Timeline and Sequencing ............................................................................................. 7
4.1.2 Gear Installation ........................................................................................................................ 7
4.1.1 Operations and Maintenance .................................................................................................... 7
4.1.2 Avoidance and Minimization Measures..................................................................................... 9
4.2 Project Site ............................................................................................................................................. 11
5.0 EXISTING ENVIRONMENTAL CONDITIONS .................................................................................................... 12
5.1 Fish and Wildlife Habitat Conservation Areas (FWHCAs) ...................................................................... 12
5.1.1 Water Quality .......................................................................................................................... 12
5.1.1 Sediment Quality..................................................................................................................... 14
5.1.2 Fish and Wildlife Presence ..................................................................................................... 16
5.1.3 Kelp and Eelgrass Beds .......................................................................................................... 29
5.2 Wetlands ................................................................................................................................................. 30
5.3 Geologically Hazardous Areas ............................................................................................................... 30
5.4 Critical Aquifer Recharge Areas (CARAs) .............................................................................................. 31
5.5 Frequent Flood Areas ............................................................................................................................. 31
6.0 EFFECTS ANALYSIS ......................................................................................................................................... 32
6.1 Water Quality .......................................................................................................................................... 33
6.1.1 Water Circulation .................................................................................................................... 33
6.1.2 Contaminants .......................................................................................................................... 34
6.1.3 Suspended Sediments/Turbidity ............................................................................................. 35
6.1.4 Summary of Water Quality Effects .......................................................................................... 36
6.2 Sediment Quality .................................................................................................................................... 36
6.2.1 Culture Gear ........................................................................................................................... 36
6.2.2 Biodeposition in the Sediment ................................................................................................ 37
6.2.3 Summary of Sediment Quality Effects .................................................................................... 38
6.3 Fish and Wildlife Habitat ......................................................................................................................... 38
6.3.1 Fish Habitat ............................................................................................................................. 38
6.3.2 Bird Habitat ............................................................................................................................. 40
6.3.3 Marine Mammal Habitat .......................................................................................................... 42
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6.3.4 Summary of Effects to Fish and Wildlife Habitat ..................................................................... 43
6.4 Invertebrates ........................................................................................................................................... 43
6.5 Kelp and Eelgrass Beds ......................................................................................................................... 45
6.6 Navigation and Public Use...................................................................................................................... 46
6.7 No Net Loss and Cumulative Impacts .................................................................................................... 46
6.7.1 Hood Canal Shellfish Aquaculture .......................................................................................... 47
6.7.2 Water Quality .......................................................................................................................... 47
6.7.3 Sediment Quality..................................................................................................................... 48
6.7.4 Fish and Wildlife...................................................................................................................... 48
6.7.5 Invertebrates ........................................................................................................................... 49
6.7.6 Kelp and Eelgrass ................................................................................................................... 50
6.7.7 Navigation and Public Use ...................................................................................................... 50
6.7.8 Summary ................................................................................................................................ 50
7.0 DETERMINATION OF EFFECT .......................................................................................................................... 51
8.0 REFERENCES .................................................................................................................................................... 53
TABLES
Table 1. Species Considered in this Habitat Management Plan .................................................................................... 4
Table 2. Latitude and Longitude of Project Site Corners .............................................................................................. 11
Table 3. Effects Determinations for Federal, State, or Locally Important or Listed Species ........................................ 51
FIGURES
Figure 1. Project site location in Jefferson County. ........................................................................................................ 2
Figure 2. Example of a SEAPA basket system. ............................................................................................................. 6
Figure 3. Project site layout. ........................................................................................................................................... 8
Figure 4. Growing areas in North Hood Canal. ............................................................................................................ 13
Figure 5. Shoreforms in North Hood Canal. ................................................................................................................. 15
Figure 6. Coastal drift in North Hood Canal. ................................................................................................................ 17
Figure 7. Mean total abundance (a) and mean diversity (b) by taxonomic group. ....................................................... 28
Figure 8. Mean total abundance (a) and mean diversity (b) by functional feeding guild. ............................................. 29
Figure 9. Percent biomass of benthic invertebrates in Humboldt Bay, California. ........................................................ 44
Figure 10. Invertebrate taxa encountered with each habitat pair by season. ............................................................... 45
APPENDICES
Appendix A – Fish and Wildlife Database Information
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ACRONYM LIST
Acronym Definition
BMP(s) best management practice(s)
CARAs critical aquifer recharge areas
Corps U.S. Army Corps of Engineers
DNR Washington Department of Natural Resources
DPS distinct population segment
Ecology Washington State Department of Ecology
ESA Endangered Species Act
ESU evolutionarily significant unit
FWHCA(s) fish and wildlife habitat conservation area(s)
IBA Important Bird Area
JCC Jefferson County Code
JCPH Jefferson County Public Health
MHHW mean higher high water
MLLW mean lower low water
NMFS National Marine Fisheries Service
OHWM ordinary high water mark
PBA Programmatic Biological Assessment
PBFs physical and biological features
PHS Priority Habitats and Species
PVC polyvinyl chloride
SAV submerged aquatic vegetation
SMP Shoreline Management Program
SRKW southern resident killer whale
The Project Rock Island Shellfish Project
USFWS U.S. Fish and Wildlife Service
UV ultraviolet
WDFW Washington Department of Fish and Wildlife
WDOH Washington State Department of Health
WRIA 17 Watershed Resource Inventory Area 17
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QUALIFICATIONS OF THE PREPARER
MARLENE MEADERS
Marlene has specialized in marine and freshwater biology since 2000. She manages and
implements a variety of fisheries projects, with a focus on shellfish aquaculture. Marlene is a
certified senior author for biological assessments and has written numerous consultations for
the Endangered Species Act, Marine Mammal Protection Act, and Magnuson-Stevens Fishery
Conservation and Management Act. She has coordinated with federal, state, and local agencies
to complete environmental permitting of marine projects under the Clean Water Act, Rivers and
Harbors Act, and Shoreline Management Act. Marlene has conducted dozens of baseline
surveys that relate to shellfish aquaculture and is well versed at describing the direct
impacts/benefits that an operation or project might have on the environment. Marlene is also a
recognized expert regarding eelgrass throughout Washington State and along the West Coast.
She has completed the U.S. Army Corps of Engineers Eelgrass Delineation Guidance Workshop
and was part of a Confluence team working with the Corps to develop best practices for
applying the guidance to shellfish aquaculture projects.
EDUCATION
M.S., Fisheries Biology, Humboldt State University, Arcata, CA, 2008
B.S., Biological Oceanography, University of Washington, Seattle, 2000
MARGARET WOLF
Margaret specializes in biology, biostatistics, and geospatial analysis. She has wide-ranging
field experience in the Pacific Northwest, such as fish exclusion for construction compliance,
wetland delineations, stream habitat mapping, water testing, and soil contamination analysis.
She also has designed and conducted wildlife surveys and monitoring programs and authored
associated reports and management recommendations. Her technical work has ranged from
using statistical computing tools such as R and Python to analyzing data in RStudio, ArcMap,
and ArcGIS Pro for such tasks as noise pollution modeling, spatial analysis and mixed-effect
linear regression. Margaret is familiar with local, state, and federal environmental policies and
regulations, with a focus on climate resiliency, and she conducts regulatory research and
prepares documentation to meet local (e.g., critical areas), state (e.g., State Environmental Policy
Act), and federal (e.g., Endangered Species Act) regulatory requirements.
EDUCATION
M.S., Biological Sciences, California Polytechnic State University, San Luis Obispo, CA, 2023
B.A., Organismal Biology and Ecology, Colorado College, Colorado Springs, CO, 2018
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1.0 INTRODUCTION
This Habitat Management Plan has been prepared for the Rock Island Shellfish Project (the
Project), located in Jefferson County, Washington (Figure 1). The Project is a proposal to
continue shellfish farming activities on private tidelands in North Hood Canal owned by Robert
Carson, the owner of Rock Island Shellfish Company, on Jefferson County parcel numbers
965100009, 965100010, and 965100011. These tidelands have been subject to commercial shellfish
aquaculture since the 1950s using a variety of on- and off-bottom cultivation methods.
This document reviews the proposed farming methods per the Jefferson County Critical Areas
Ordinance (Jefferson County Code [JCC] Chapter 18.22) and Shoreline Management Program
(SMP) (JCC Chapter 18.25). The purpose of the Project is to grow oysters in intertidal waters
using a near-bottom culture system called SEAPA® baskets. The proposed Project involves
installation, maintenance, and operation of a SEAPA basket system in North Hood Canal.
SEAPA baskets will be stocked with seed oysters and raised to full growth prior to harvesting
and selling commercially.
According to JCC 18.25.270, the policy of critical areas, shoreline buffers, and ecological
protection includes “all shoreline use and development should be carried out in a manner that
avoids and minimizes adverse impacts on the shoreline environment. Uses and developments
that may cause the future ecological condition to become worse than current condition should
not be allowed. Use and development in areas that are ecologically valuable, hazardous, and/or
possess rare or fragile natural features should be discouraged.”
In compliance with the JCC, this report shall:
Demonstrate that the submitted proposal is consistent with the purposes and specific
standards of JCC Chapter 18.22 and Chapter 18.25.
Describe all relevant aspects of the development proposal and critical areas adversely
affected by the proposal and assess impacts on the critical area from activities and uses
proposed.
Where impacts are unavoidable, demonstrate through an alternatives analysis that no
other feasible alternative exists.
Consider the cumulative impacts of the proposed action that includes past, present, and
reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas.
Such impacts shall include those to wildlife, habitat, and migration corridors; water
quality and quantity; and other geologic or watershed processes that relate to critical
area condition, process, or service.
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Figure 1. Project site location in Jefferson County.
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2.0 SPECIES AND HABITATS ANALYZED
The proposed Project site consists of marine portions of North Hood Canal in Jefferson County
(USGS 5th HUC 17110018 – for Hood Canal subbasin; Lat: 47.86588 N, Long: 122.64227 W). The
Endangered Species Act (ESA)-listed species under the purview of the National Marine
Fisheries Service (NMFS) and United States Fish and Wildlife Service (USFWS) that may occur
in the area are provided in Table 1. This information is compiled from the NMFS (2024) and
USFWS (2024), which is provided as Appendix A (NMFS 2024a, 2024b; USFWS 2024a). Note
that critical habitat has been designated for all of these species, but critical habitat does not
occur for all species in the Project site or vicinity (Table 1).
Jefferson County also considers fish and wildlife habitat conservation areas (FWHCAs) under
JCC Chapter 18.22. As defined by the code, FWHCAs are “areas that serve a critical role in
sustaining needed habitats and species for the functional integrity of the ecosystem, and which,
if altered, may reduce the likelihood that the species will persist over the long term” (JCC
18.22.610). Relevant species that are supported by these FWHCAs are also included in Table 1,
as identified by Washington Department of Fish and Wildlife (WDFW) in the priority habitats
and species (PHS) database (WDFW 2024a) or listed in JCC Table 18.22.630(2). Effects of the
Project are assessed below relative to these FWHCAs, rather than the species itself.
A number of west coast ESA-listed species are not known to occur in North Hood Canal, and so
were not included in this analysis: streaked horned lark (Eremophila alpestris strigata), yellow-
billed cuckoo (Coccyzus americanus), leatherback sea turtle (Dermochelys coriacea), North Pacific
distinct population segment (DPS) of loggerhead sea turtle (Caretta caretta), olive Ridley sea
turtle (Lepidochelys olivacea), green turtle (Chelonia mydas), black abalone (Haliotis cracherodii),
white abalone (Haliotis sorenseni), blue whales (Balaenoptera musculus), fin whales (Balaenoptera
physalus), gray whales (Eschrichtius robustus), Guadalupe fur seals (Arctocephalus townsendi),
Northern Pacific right whales (Eubalaena japonica), sei whales (Balaenoptera borealis borealis), and
sperm whales (Physeter macrocephalus). Due to the lack of documented occurrence and the lack
of suitable habitat in the area, the proposed action will have no effect on these species, and they
will not be assessed further in this document.
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Table 1. Species Considered in this Habitat Management Plan
Common Name Scientific Name State
Status Federal Status PHS Critical
Habitat Potential Habitat Use
ESA-Listed Fish
Bull trout (PS/Coastal DPS) Salvelinus confluentus C T Yes* Migration and foraging, but unlikely
Chinook salmon (PS ESU) Oncorhynchus tshawytscha C T Yes Migration, juvenile rearing, foraging
Chum salmon (Hood Canal summer-run ESU) O. keta None T Yes Migration, smolt rearing, foraging
Steelhead (PS ESU) O. mykiss None T Yes* Migration, smolt rearing, foraging
Bocaccio rockfish (PS/GB DPS) Sebastes paucispinis C E Yes Foraging, but unlikely (deepwater)
Yelloweye rockfish (PS/GB DPS) S. ruberrimus C T Yes Foraging, but unlikely (deepwater)
Green sturgeon (Southern DPS) Acipenser medirostris None T Yes” Migration, sub-adult rearing, foraging
Forage Fish
Surf smelt Hypomesus pretiosus) None None N/A Spawning, foraging
Pacific sand lance Ammodytes hexapterus None None N/A Spawning, foraging
Pacific herring Clupea pallasii None None N/A Spawning, foraging
Other Marine Fish
Coastal cutthroat trout O. clarki clarki None None X N/A Migration, rearing, foraging
Coho salmon O. kisutch C C X N/A Migration, rearing, foraging
Fall/summer chum salmon O. keta None None X N/A Migration, rearing, foraging
Fall Chinook salmon O. tshawytscha None None X N/A Migration, rearing, foraging
Winter steelhead O. mykiss None None X N/A Migration, rearing, foraging
Birds
Marbled murrelet (CA/OR/WA) Brachyramphus marmoratus E T Yes* Foraging
Great blue heron Ardea herodias M None N/A Foraging
Various shorebird species and eagles Various None None N/A Foraging
Marine Mammals
Southern resident killer whale Orcinus orca E E Yes Foraging, but highly unlikely
Harbor seal Phoca vitulina None None N/A Foraging
Invertebrates
Oyster beds Various None None X N/A Spawning, foraging
PHS - Priority Habitats and Species; DPS - Distinct population segment; ESU - Evolutionarily Significant Unit; Endangered; T - Threatened; C - Candidate; Co - Concern; M – Monitor; S - Sensitive;
CA - California; GB - Georgia Basin; OR - Oregon; PS - Puget Sound; WA – Washington
*Critical habitat has been identified but does not occur within the proposed Project site.
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3.0 EXISTING SETTING AND SURROUNDING LAND USE
The proposed Project is within North Hood Canal located near Port Ludlow, Jefferson County,
Washington, at Section 2, Township 27N, and Range 1E. North Hood Canal is part of the marine
shorelines of Watershed Resource Inventory Area 17 (WRIA 17) or the Quilcene-Snow
watershed. Hood Canal is a glacier-carved fjord along the westernmost portion of Puget Sound,
with approximately 84,978 acres of water surface. The intertidal zone is approximately 12%
(9,951 acres) and the subtidal zone is approximately 88% (75,027 acres) of the water surface.
Shellfish aquaculture areas – including active and fallow culture beds – occupy approximately
12% of the intertidal zone in Hood Canal. There are subtidal aquaculture areas, although these
locations represent a minor portion of the subtidal zone (~0.2%). Habitat in Hood Canal
includes native eelgrass (Zostera marina) beds (up to 3%), mudflat areas (up to 9%), and open
water (up to 88%). Major water bodies that are part of WRIA 17 include the Tarboo Creek,
Chimacum Creek, Snow Creek, Salmon Creek, Thorndyke Creek, Pheasant Creek, Duckabush
River, Big and Little Quilcene rivers – contribute to a total watershed planning area of 625
square miles (Pickett 2013).
The northern portion of Hood Canal is primarily open water, with approximately 2 miles
separating the western and eastern shorelines and inclusive of Dabob Bay, which is also
approximately 2 miles wide. The shoreline is a mixture of forested hills with the Olympic
Mountain range in the background, major estuaries, public parks and use areas, and low to
moderate residential development. A small amount of shoreline along the Bangor waterfront is
highly modified for U.S. Navy use. The primary key viewpoints in the area are from state parks
and other public beach access areas, such as Dosewallips State Park and the Duckabush River
access. The Hood Canal Floating Bridge crosses the northern portion of Hood Canal where a
shallow sill is located, and continues into the upland portions of the Hood Canal subregion as
State Route 104, which then connects to the Olympic Highway.
Hood Canal supports commercial vessel activity associated with shellfish operations, including
work boats or skiffs, harvest scows, and barges used for equipment staging and storage. There
is tribal fishing in Hood Canal, which includes beach seining, gillnetting, crabbing, and shrimp
fishing. There are also several locations for commercial and tribal wildstock geoduck harvest in
Hood Canal (WDFW 2024b). Submarine vessel traffic is associated with the U.S. Naval facility
located near Bangor on the Kitsap peninsula. Restricted marine areas surround the facility, and
are marked with floating security barriers.
Shoreline residences along the northern portion of Hood Canal do not have associated piers,
docks, or boat ramps, with the notable exception of Squamish Harbor, which provides moorage
for recreational boats. Use of the Project site is limited to beach combining and minor
recreational activities accessed primarily by boat.
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4.0 PROJECT OVERVIEW
The purpose of the Project is to grow Kumamoto (Crassostrea sikamea) oysters in intertidal
waters of North Hood Canal. The development proposal involves installation, maintenance,
and operation of a SEAPA basket system (Figure 2). The Project site is within privately-owned
tidelands and is approximately 6 acres. The SEAPA baskets will occupy a culture area of
approximately 2 acres, which includes 16.5-foot buffers from native eelgrass beds. SEAPA
baskets will be stocked with seed oysters and grown to harvestable size within two years or
less.
Figure 2. Example of a SEAPA basket system.
4.1 Project Description
This section describes technical details of project timeline and sequencing, gear installation,
regular shellfish aquaculture operations and maintenance, and avoidance and minimization
measures associated with the proposed Project.
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4.1.1 Project Timeline and Sequencing
Proposed installation of SEAPA baskets and rebar structures is anticipated within a 6-month
period. The SEPA baskets will be purchased from a supplier. The rebar structures will be
assembled at a facility or location outside of the shoreline jurisdiction; no new buildings,
staging areas, or facilities are proposed for assembly of the rebar structures. Gear is anticipated
to be brought to the site by boat. Following installation of culture gear, ongoing operations will
include maintenance of equipment, harvest and transfer of oysters, and addition of new oyster
seed to baskets.
Culture activities are generally tide-dependent but can occur year-round. During low tides,
farm crews may be on the farm site for 3 to 6 hours before the tide re-floods the area. Activities
may also occur at high tide when there is enough tidal inundation for a vessel to access farm
sites and may last up to 9 hours. The site will be accessed primarily by boat.
4.1.2 Gear Installation
SEAPA basket operations are proposed in the intertidal habitat of North Hood Canal at a depth
of approximately +4 feet to -4.2 feet mean lower low water (MLLW). The SEAPA basket system
will be supported by rebar racks (3.3 feet wide by 16.4 feet long by 3.3 feet high) and the baskets
will be attached using storm clips. Rows of rebar racks will be installed at regular intervals
(Figure 3). Gear is typically secured in the substrate 1 to 3 feet deep but may be secured up to 5
feet deep in certain areas, depending on substrate conditions. Gear installation will occur at low
tide.
4.1.1 Operations and Maintenance
Regular maintenance activities will include removal of fouling organisms (e.g., barnacles,
mussels, other invertebrates, and algae) from basket surfaces, and minor repair work. Operation
activities will include seeding of immature oysters, sorting and grading of growing oysters,
redistribution of oysters to achieve desired density, and harvest of market-size oysters.
Near-bottom culture that suspends crops off the bottom helps to minimize pressure from
predators that access on-bottom crops. Containment gear (i.e., SEAPA baskets) is used and is
secured to the substrate via rebar racks. Therefore, predator and invasive species control is
minimal or unnecessary for this culture method.
Oyster seed for SEAPA basket operations is manually placed into the ultraviolet (UV)-resistant,
reusable baskets. Seed is pre-loaded into baskets on the deck of the vessel and transported to
the farm site by boat during low tide. Farm crews secure containers to ropes during low tide.
Alternatively, farm crews may bring seed with them onto the farm site at low tide and directly
load the containers on-site.
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Figure 3. Project site layout.
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At harvest, farm crews manually remove baskets, and shellfish may then be sorted on a work
platform on the farm site or on the beach. Substrate disturbance is minimal and limited to farm
crews walking on the farm site.
4.1.2 Avoidance and Minimization Measures
Best management practices (BMPs) for floating culture, including siting and configuration, will
be employed to maintain water quality. Relevant shellfish culture conservation measures
adopted by the U.S. Army Corps of Engineers (Corps) from its programmatic consultation with
the NMFS (2016) and USFWS (2016) for shellfish aquaculture operations in Washington State
will be used for the proposed Project (Corps 2015). Avoidance of potential effects, where
possible, is the first priority.
Avoidance, conservation, and minimization measures are focused on the following
activities/interactions:
Gear Installation and Siting
Maintenance, Repair, and Work
Species-Specific Activities
Farm Plan Record-Keeping Log
Gear Installation and Siting
SEAPA baskets will be sited approximately 140 feet from the ordinary high water mark
(OHWM).
SEAPA baskets will be constructed of material that will not have a negative effect on the
aquatic environment. Gear includes synthetic and nylon lines, UV-resistant high density
polyethylene floating bags, wedge anchors, and screw anchors, all which would have no
negative effect on water quality.
SEAPA baskets are designed to have a shallow draft (i.e., less than 24 inches when fully
stocked with oysters). By design, the shallow draft will have little effect on circulation
and flow patterns in North Hood Canal.
Native eelgrass (Zostera marina) and non-native eelgrass (Z. japonica) is present in North
Hood Canal (MSA 2023). A farm plan was developed to avoid native eelgrass or mixed
beds using a 16.5-foot buffer (refer to Figure 3).
SEAPA baskets have been planned and configured to minimize effects on benthic
organisms by raising them above the sediment surface (i.e., near-bottom culture). There
is no submerged aquatic vegetation (SAV) underneath the proposed location for SEAPA
baskets and the soft substrate is not appropriate attachment habitat for kelp.
All gear installation activities will be restricted to daylight hours.
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Maintenance, Repair, and Work
Damage to substrates from boats or barges will be avoided using the following BMPs:
- Moor and operate boats and barges in deeper water to prevent potential impacts
from propeller scour.
- Store materials such as tools, bags, marker stakes, rebar, or nets in upland areas
when not in use.
Operators of vehicles or machinery will reduce contamination from vehicles and
equipment through the following practices:
- Unsuitable material (e.g., trash, debris, asphalt, or tires) will not be discharged or
used as fill (e.g., used to secure nets, create berms, or provide nurseries).
- Rock Island’s equipment (vessels, vehicles, pumps, hydraulic motors, graders)
operated within 150 feet of any stream, waterbody, or wetland will be inspected
daily for fluid leaks before beginning operations. Any leaks detected will be repaired
before resuming operation.
- No petroleum products will be stored at the proposed Project site.
Approximately once per week, farm staff will evaluate the site and culture gear. The
staff will provide any necessary maintenance. Additional maintenance activities will
occur on an as-needed basis.
Rock Island will engage in quarterly patrol of all nearby beaches for debris, including
any lines or other pieces of equipment associated with its operations. Any debris
collected will be recorded.
Equipment (e.g., work vessels) will be inspected daily to ensure there are no leaks of
hydraulic fluids, fuel, lubricants, or other petroleum products. Should a leak be
detected, the equipment shall be immediately removed from the area and not used again
until adequately repaired.
Employees are trained in meeting environmental objectives.
Species-Specific Activities
The Project will comply with all terms, conditions, and conservation measures of the
programmatic consultation to avoid and minimize impacts to listed species, critical
habitat, and essential fish habitat (Corps 2015; USFWS 2016; NMFS 2016).
The SEAPA baskets will be sited and configured to minimize effects on marine
mammals. During maintenance and harvest operations, due care would be taken to
avoid disturbance of marine mammals, particularly seals and sea lions, in compliance
with the federal Marine Mammal Protection Act.
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Farm Plan Record-Keeping Log
Surveys to retrieve any gear, equipment, or other debris that may have fallen or
naturally pushed into the area will be recorded.
Spills or cleanups conducted on the beach will be recorded and the appropriate agencies
notified.
4.2 Project Site
Project activities will be confined to the two proposed planting areas defined by the corners
described in Table 2 (refer to Figure 3). The northernmost proposed planting area is 1.3 acres and the
southernmost proposed planting area is 0.8 acre.
Table 2. Latitude and Longitude of Project Site Corners
Location* Latitude Longitude
Northern Planting Area
NW corner of north planting area (A) 47.8655939 N 122.6426804 W
NE corner of north planting area (B) 47.8658005 N 122.6416940 W
SW corner of north planting area (C) 47.8651881 N 122.6425215 W
SE corner of north planting area (D) 47.8656982 N 122.6416436 W
Southern Planting Area
NW corner of south planting area (E) 47.8648269 N 122.6422479 W
NE corner of south planting area (F) 47.8650448 N 122.6413106 W
SW corner of south planting area (G) 47.8647111 N 122.6418286 W
SE corner of south planting area (H) 47.8648883 N 122.6412357 W
*Letters for the corners are identified in Figure 3.
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5.0 EXISTING ENVIRONMENTAL CONDITIONS
The Project site is in the Pacific Northwest Region 17 (USGS 5th HUC 17110018 – for Hood Canal
subbasin) and WRIA 17 (Quilcene-Snow watershed). SEAPA basket operations are proposed in
North Hood Canal at a depth of approximately +4 feet to -4.2 feet MLLW.
This section focuses on existing environmental conditions for critical areas identified at the
Project site (Jefferson County 2024a). The existing environmental conditions will then be
compared against potential Project impacts discussed in the Effects Analysis (Section 6.0). The
following topics are covered:
Fish and wildlife habitat conservation areas (FWHCAs)
Wetlands
Geologically hazardous areas
Critical aquifer recharge areas (CARAs)
Frequently flooded areas
5.1 Fish and Wildlife Habitat Conservation Areas (FWHCAs)
This section summarizes the quality of habitat important to FWHCAs at the Project site.
5.1.1 Water Quality
Hood Canal has well-established commercial shellfish and oyster aquaculture and thus has
closely monitored water quality. The Washington State Department of Health (WDOH) collects
monthly samples in areas where there is shellfish harvesting for human consumption and
identifies harvest areas based on specific water quality criteria (WDOH 2024). Based on these
measurements, WDOH classifies shellfish growing areas as approved, conditional, restricted,
and prohibited for commercial shellfish harvest. The Project site currently lies in an approved
area (Figure 4), although further west by approximately 2 miles in Squamish Harbor there are
parcels closed to commercial shellfish harvest due to contaminated freshwater stream drainage
and a small area in the south of Squamish Harbor designated as prohibited due to boating
activity (WDOH 2024a).
In January of 2007, the WDOH listed Hood Canal, among other regions, as an area of concern
for marine water contamination due to non-point source pollution. In response, Jefferson
County started Clean Water Projects and established a Clean Water District that spans eastern
Jefferson County, including the current proposed Project site (Jefferson County 2024b). More
recent water quality testing conducted by Jefferson County Public Health (JCPH) showed no
high levels of fecal coliform bacteria within the boundaries of the Project site (JCPH Location ID
SH001), although there are instances of high fecal coliform concentrations and identified
hotspots to the west along the shoreline (JCPH Location IDs SH027, SH002, SH003) (Jefferson
County 2024c).
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Figure 4. Growing areas in North Hood Canal.
Source: (WDOH 2024a)
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Harmful algal blooms happen annually in Washington marine waters and can cause illness in
those who eat contaminated shellfish. Recent water quality annual reports from JCPH reported
widespread dinoflagellate blooms in Jefferson County waters in the summers of 2020 to 2022,
with instances of local shellfish bed closures due to high Alexandrium and Dinophysis
concentrations (Dawson 2020, 2021, 2022). From 2020 to 2022 there were also multiple reported
cases of Vibrio bacteria. JCPH issues a Vibrio warning each year from June to October for Hood
Canal waters as warmer water in this area is particularly conducive to cases of Vibrio (Dawson
2020, 2021, 2022).
No part of the Project site is listed under the Washington State Department of Ecology (Ecology)
303(d) list, for which Category 5 listings are considered the highest polluted water quality
category (Figure 5). The closest listings are in Squamish Harbor located approximately 0.5 mile
to the west of the Project site, with Category 2 listings for high levels of polychlorinated
biphenyls (Listing ID 86760) and methyl mercury (Listing ID 88778) found in the tissue of
Dungeness crab (Metacarcinus magister) and a Category 5 listing for fecal coliform bacteria in a
freshwater stream that discharges into the harbor (Listing ID 82954) (Ecology 2024a). Other
nearby listings to the south and southeast of the Project site in Hood Canal include Category 2
listings for dissolved oxygen (Listing IDs 66196, 38388) and Category 1 listings for temperature
(Listing IDs 65429, 65431, 65428, 38391) (Ecology 2024a).
5.1.1 Sediment Quality
Hood Canal is a fjord-like extension of Puget Sound that is separated from the main basin of
Puget Sound by sills that rise to between 164 and 246 feet of the water’s surface, whereas areas
north and south of the sill are approximately 574 feet in depth. The substrates in Hood Canal
are glacial drift substrates. However, there are several very large glacial erratics, and the seabed
contains bathymetric surface irregularities at several locations that are due to submarine
landslides (Polenz et al. 2010). Hood Canal is a relatively narrow fjord with shorelines
descending steeply to a U-shaped channel cross-section.
The shorelines are predominantly sandy beaches with mixed coarse, mudflats, and rocky
outcroppings also occurring (Berry et al. 2001). Much of Hood Canal includes fringing intertidal
areas that are predominantly sandy, with broader flats occupying the heads of some bays (e.g.,
Dabob, Quilcene, and Belfair bays), as well as river deltas (e.g., Duckabush and Big Quilcene
rivers).
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Figure 5. Shoreforms in North Hood Canal.
Source: (Ecology 2024b)
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The Project site is located on feeder bluff with net shore drift moving from left to right
(eastward) and is in a zone of unstable slope due to a history of landslides (Figure 6). This
unstable shoreline designation continues east and west along the shoreline from the Project site,
with unstable and intermediate stability slopes upland of the Project site. To the west of the
Project site there is a region of stable slope and to the east there is a modified slope where State
Highway 104 meets the shoreline. The shorelines adjacent to the Project include a sediment
transport zone to the west and an accretion shoreform to the northeast (Ecology 2024b). Upland
above the Project site and Squamish Harbor there is a relatively large deposit of recessional
outwash, which has high permeability and water capacity (ESA Adolfson et al. 2008).
5.1.2 Fish and Wildlife Presence
The intertidal, benthic, and pelagic habitats of North Hood Canal have the potential to support
a diverse community of terrestrial and aquatic species. This section discusses potential
occurrence and habitat use of ESA-listed and other protected species within North Hood Canal.
The following information provides an understanding of how various fish species or groups of
fish use the Project site.
Rockfish
Adult rockfish habitat for the 2 ESA-listed species – bocaccio (Sebastes paucispinis) and yelloweye
rockfish (S. ruberrimus) – primarily includes deepwater (>151 feet) rocky substrates and/or
shallower eelgrass and kelp beds (Drake et al. 2010). Both species have been observed within
shallower depths and non-rocky substrates such as sand, mud, and other unconsolidated
sediments (Borton and Miller 1980), although juvenile bocaccio are the main species recognized
as utilizing nearshore habitat (Love et al. 1991). Even then, use of the nearshore is primarily in
areas with rock or cobble composition and/or in the presence of kelp species (Love et al. 1991).
Rockfish larvae are pelagic and are found in Puget Sound from August through October
(Greene and Godersky 2012).
Critical habitat for rockfish includes all areas identified by NMFS as having physical and
biological features (PBFs) essential to the conservation of the listed species (79 FR 68041).
Juvenile settlement habitats located in the nearshore with substrates such as sand, rock, and/or
cobble compositions that also support kelp (families Chordaceae, Alariaceae, Lessoniacea,
Costariaceae, and Laminaricea) are essential for conservation because these features provide
rockfish forage opportunities and refuge from predators, and enable behavioral and
physiological changes needed for juveniles to occupy deeper adult habitats. The PBFs essential
to the survival of rockfish in nearshore areas include: (1) water quality and sufficient levels of
dissolved oxygen to support growth, survival, reproduction, and feeding opportunities;
(2) quantity, quality, and availability of prey species to support individual growth, survival,
reproduction, and feeding opportunities; and (3) areas free of obstruction for fish passage.
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Figure 6. Coastal drift in North Hood Canal.
Source: (Ecology 2024b)
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NMFS has mapped the waters within the Project site as nearshore critical habitat for bocaccio
and the waters just offshore of the Project site as deepwater critical habitat for both bocaccio and
yelloweye rockfish (NMFS 2024b).
Anadromous Fish
Anadromous fish that have the potential to occur within North Hood Canal include salmonid
species that spawn in freshwater and migrate out to saltwater as adults. Species that are listed at
the federal or state levels, or are considered locally important, are discussed here.
Chinook Salmon
The Puget Sound evolutionarily significant unit (ESU) of Chinook salmon (Oncorhynchus
tshawytscha) was listed as threatened under the ESA on March 24, 1999 (64 FR 14308). This
listing was most recently upheld on April 14, 2014 (79 FR 20802). The Puget Sound ESU includes
naturally spawned Chinook salmon originating from rivers of the Puget Sound, along with 25
artificial propagation programs.
Chinook salmon require substantial cover, high water quality, abundant foraging opportunities,
and cool water temperatures. Juvenile salmon first transition from fresh water into Puget Sound
through river estuaries, and wetlands within these systems are important to survival
(Magnusson and Hilborn 2003; Simenstad et al. 2011; David et al. 2016). These fish can then be
found along shorelines, especially juveniles and fry (Myers et al. 1998; Haring and Konovsky
1999; Kerwin 1999; Haque 2008). Because of this use of nearshore areas, ESA-listed Chinook
salmon could be present in shellfish aquaculture areas on a limited basis during the ocean phase
and juvenile outmigration phase of their life-history. The use of native eelgrass beds may be
especially important for Chinook salmon fry later in the outmigration period (Hodgson et al.
2016). Chinook salmon can also exhibit a wide range of alternative migration patterns, including
juveniles that migrate right away to the ocean, fish that remain as residents in protected river
estuaries, and fish that are considered transients and return to river estuaries after migration to
the ocean but before typical freshwater migration timing (Kagley et al. 2017). This diversity of
migration patterns can create some resiliency in the population.
Critical habitat for Chinook salmon includes nearshore marine areas of the Strait of Georgia,
Puget Sound, Hood Canal, and the Strait of Juan de Fuca from the line of extreme high tide out
to a depth of 98 feet (65 FR 7764). The PBFs essential to the survival of Chinook salmon in
nearshore areas include: (1) foraging habitat, (2) areas free of obstruction, (3) natural cover,
(4) appropriate salinity levels, and (5) high water quality and suitable water quantity.
There are no Chinook salmon runs documented in rivers or streams within 5 miles of the Project
site. However, the nearshore marine environment within the Project site overlaps within habitat
used by fall Chinook salmon migrating to and from spawning sites in Hood Canal and Dabob
Bay, and may also be used for foraging (WDFW 2024c).
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Chum Salmon
The Hood Canal ESU of chum salmon (Oncorhynchus keta) was listed as threatened under the
ESA on March 25, 1999 (64 FR 14508). This listing was most recently upheld on April 14, 2014
(79 FR 20802). The Hood Canal ESU all naturally spawned populations in Hood Canal and its
tributaries and the Olympic Peninsula rivers between Hood Canal and Dungeness Bay (NMFS
2024b). Hatchery stocks are included in this ESU. Both summer-run and fall-run chum salmon
selectively spawn in areas of groundwater upwelling or groundwater-fed systems (Fell et al.
2015). Fry emerge generally from March through May and immediately head to the river
estuary where they transition from fresh to salt water (Kuttel 2002). Juveniles occur in the
intertidal zone in the late winter and early spring. Adults occur in deeper water in the summer.
Critical habitat for chum salmon includes all nearshore marine areas of Hood Canal and the
Strait of Juan de Fuca to Dungeness Bay from the line of extreme high tide out to a depth of
98 feet (65 FR 7764). The PBFs essential to the survival of chum salmon in nearshore areas are
the same as those identified above for Chinook salmon. Critical habitat overlaps with the Hood
Canal region.
Chum salmon have been documented in small streams both across the Hood Canal from the
project site on the Kitsap Peninsula, and west of the project site in Squamish Harbor such as
Criss Creek, all within 2-3 miles of the project site (WDFW 2024a). In addition, the nearshore
environment within the project site overlaps with migratory habitat used by chum salmon
migrating to and from spawning sites in Hood Canal and Dabob Bay, and may also be used for
foraging.
Steelhead
The Puget Sound DPS of steelhead (Oncorhynchus mykiss) was listed as threatened under the
ESA on May 11, 2007 (72 FR 26722). This DPS includes all naturally spawned anadromous
winter-run and summer-run populations in streams of the Strait of Juan de Fuca, Puget Sound,
and Hood Canal, along with steelhead from 5 artificial propagation programs.
Steelhead do not typically frequent nearshore areas, although they may come into shallower
locations for foraging (Shreffler and Moursund 1999). Adult winter-run steelhead migrate to
spawning grounds typically in the fall or winter and summer-run migrate from late spring and
summer (Busby et al. 1996; NMFS 2019). Steelhead fry tend to emigrate quickly to deeper waters
(Moore et al. 2015). Although migration through Puget Sound is rapid, research indicates that
mortality rates of steelhead during adult migration is high.
Critical habitat for steelhead includes all areas identified by NMFS as having PBFs essential to
the conservation of the listed species (65 FR 7764). NMFS did not designate the nearshore zone
in Puget Sound as critical habitat because steelhead move rapidly out of fresh water into
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offshore marine areas (78 FR 2729). The PBFs essential to the survival of steelhead in nearshore
areas are the same as those identified above for Chinook salmon.
Steelhead have been documented in small streams west of the project site in Squamish Harbor
(WDFW 2024a). In addition, the nearshore environment within the project site overlaps with
migratory habitat used by steelhead migrating to and from spawning sites in Hood Canal and
Dabob Bay, and may also be used for foraging.
Bull Trout
The Puget Sound/Coastal DPS of bull trout (Salvelinus confluentus) was listed as threatened
under the ESA on June 10, 1998 (64 FR 58910). This DPS includes individuals in Idaho, Montana,
Nevada, Oregon, and Washington. Critical habitat was subsequently designated in 2005 (70 FR
56212). The most recent version of critical habitat for bull trout was designated on September 30,
2010 (75 FR 63898). It includes approximately 18,795 miles of streams and 488,252 acres of lakes
and reservoirs in Idaho, Oregon, Washington, Montana, and Nevada, along with 754 miles of
marine shoreline in Washington.
Puget Sound is generally used as a migration corridor or foraging area, and anadromous bull
trout occupy territories ranging from about 33 feet to 2 miles and within 328 feet to 1,312 feet of
the shoreline. Migration provides access to more abundant or larger prey and possible
overwintering options (Brenkman and Corbett 2005). Therefore, there is potential for bull trout
to be distributed into all regions of this analysis for foraging. The majority of bull trout tend to
migrate into marine waters in the spring and return to the rivers in the summer and fall
(USFWS 2004), with a few fish overwintering in marine waters (Goetz et al. 2003).
Critical habitat for bull trout includes all areas identified by USFWS as having PBFs essential to
the conservation of the listed species (75 FR 63898). The PBFs essential to the survival of bull
trout in nearshore areas include: (1) migration areas with minimal physical, biological, or water
quality impediments; (2) an abundant food base, complex marine shoreline environments; (3)
water temperatures ranging from 26 to 59°F; (4) sufficient water quality and quantity; and
(5) sufficiently low levels of occurrence of non-native predatory or competing species.
Although there is no documented spawning in rivers and streams flowing into North Hood
Canal, bull trout may use the area as foraging, migration, or overwintering habitat.
Coastal Cutthroat Trout
Coastal cutthroat trout (Oncorhynchus clarki clarki) are not listed at the federal or state levels but
are listed in the WDFW PHS database (WDFW 2024a). Coastal cutthroat trout are distinct from
other trout in their abundance of small- to medium-sized spots of irregular shapes (WNTI 2022).
Coastal cutthroat trout generally have 1 of 3 life history strategies: (1) non-migratory,
(2) freshwater-migratory, or (3) saltwater-migratory. It is fish employing this third life history
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strategy that could potentially interact with the Project. Saltwater-migratory coastal cutthroat
trout are anadromous, starting out in freshwater habitats and migrating to marine
environments. Migration typically starts in the late winter and spring so that they can feed in
estuarine and nearshore habitats during the summer. They then return to freshwater habitats in
the winter to feed, seek refuge, or spawn (WNTI 2022).
Coastal cutthroat trout rely on a wide variety of habitats within freshwater and marine systems.
Unlike most other anadromous salmonids, coastal cutthroat trout do not remain in the ocean
over the winter and do not typically make long migrations (WNTI 2022). They spend much
longer in freshwater habitats than other salmonids (usually 2-5 years).
Coastal cutthroat trout are well-distributed throughout Puget Sound and are likely to utilize
habitats within Hood Canal. Coastal cutthroat trout have been documented west of the Project
site in Squamish Harbor (WDFW 2024d).
Coho Salmon
Coho salmon (Oncorhynchus kisutch) are not currently listed at the federal or state levels but are
considered a species of concern. The Puget Sound population is considered to be a distinct
population and has been noted for its depressed status in recent years.
The life history of coho salmon is similar to other Pacific salmonid species. However, coho
salmon tend to use a wider array of habitats than other native anadromous species, including
headwater streams, small coastal creeks, and tributaries to major rivers (Meehan and Bjorn
1991). Adult coho salmon are typically divided into 2 main categories based on habitat use:
ocean type and coastal type (Groot and Margolis 1991). Ocean type fish rely on offshore waters,
while coastal type fish rely on nearshore waters. Juvenile coho salmon spend the first 1 to
2 years of life in freshwater, relying on structured habitat for protection from high flow
environments. They feed primarily on aquatic insects (e.g., mayflies, caddisflies, and
chironomids), but also eat terrestrial insects and worms. As they grow larger, they feed on
larger invertebrates and some smaller fish (Groot and Margolis 1991; Wydoski and Whitney
2003). During outmigration, coho salmon often make use of estuarine habitats for several weeks
for feeding and rearing (Miller and Sadro 2003).
Although the distribution of coho salmon within Puget Sound is not well understood, there is
potential for coho salmon to utilize habitats within Hood Canal during migration. Coho rearing
has been documented in Criss Creek in Squamish Harbor west of the project site (WDFW
2024c). In addition, the nearshore environment within the project site overlaps with migratory
habitat used by coho salmon migrating to and from spawning sites in Hood Canal and Dabob
Bay, and may also be used for foraging.
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Forage Fish
Forage fish are an important dietary resource for higher trophic-level fish, birds, and marine
mammals. Spawning habitat and presence of forage fish eggs are resources of conservation
interest, and document spawning locations are tracked by WDFW (2024e). There are 2
spawning strategies used by the main forage fish species discussed below, and thus 2 different
potential locations for forage fish eggs to occur in association with shellfish aquaculture farms,
including:
1. Upper Beach Spawners: Surf smelt and Pacific sand lance spawn in sand to pea-gravel-
sized sediments. Surf smelt primarily spawn at elevations of +7 feet MLLW and up to
mean higher high water (MHHW).1 Pacific sand lance primarily spawn at elevations of
+5 feet MLLW and up to MHHW. Rock sole are also considered upper beach spawners,
although their habitat is not identified as a forage fish spawning habitat regulated under
State or local code.
2. Nearshore Broadcast Spawners: Pacific herring broadcast-spawn adhesive eggs in
nearshore waters (between 0 and -10 feet MLLW). Herring eggs may adhere to any
substrate within the area where spawning occurs, including vegetation, rocks, shell
fragments, sand, and other hard surfaces. Egg survival depends on the availability of
suitable substrate.
The most common forage fish species (i.e., surf smelt, Pacific sand lance, and Pacific herring)
generally spawn during the winter months, although surf smelt have a longer spawning season
(Penttila 2007). Sand lance will also spawn in the fall, although less is understood about sand
lance spawning behaviors. Herring spawn timing depends on the stock and region of origin
(Sandell et al. 2019).
Potential overlap between documented forage fish spawning areas and culture beds is relatively
low, with the possible exception of low amounts of Pacific herring spawn that are considered
spillover from documented spawning locations. According to WDFW (2024e), there are no
documented forage fish spawning locations associated with the Project site. The closest Pacific
herring spawning location is approximately 0.3 mile to the west. There is a Pacific herring
holding area offshore from the Project site.
1 Puget Sound monitoring shows that surf smelt and sand lance primarily spawn in habitat above +7 feet
and +5 feet MLLW, respectively, relative to the Seattle datum (Dionne, WDFW, pers. comm., 2016). It is
likely higher in South Sound with a higher tidal range. Moulton and Penttila (2006) report forage fish
spawning and incubation as between +7 feet and +9 feet MLLW.
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Birds
Birds that are listed at the federal or state level, or are considered locally important, are
discussed here with regards to their potential occurrence and use of North Hood Canal. These
include marbled murrelet (Brachyramphus marmoratus), great blue heron (Ardea herodias),
shorebirds, and eagles.
Marbled Murrelet
Marbled murrelets are small marine birds in the Alcidae family. Marbled murrelets range from
Alaska to California (USFWS 1992), and forage in coastal waters of the eastern Pacific Ocean
from central California to the Aleutian Islands (Miller et al. 2012). They spend most of their time
foraging at sea and use only old-growth forest areas for nesting. In the critical nesting areas,
fragmentation and loss of old-growth forest has a significant impact on the survival and
conservation of the species (Huff et al. 2006). Adult birds are found within or adjacent to the
marine environment where they dive for sand lance, sea perch, Pacific herring, surf smelt, other
small schooling fish and invertebrates.
The marbled murrelet forages in nearshore marine subtidal and pelagic habitats along the
Pacific Coast, usually within 1.2 miles of the shoreline (USFWS 1992). Speich and Wahl (1995)
observed that murrelets tend to be most abundant over eelgrass and kelp substrate, on
shorelines with broad shelves, and along shorelines with narrow shelves where kelp is present.
They reported that significant numbers of murrelets might also be found in areas of tidal
activity. “The Great Bend” area is recognized by Washington Audubon as a State Important
Bird Area (IBA) and supports significant numbers of marbled murrelet during the summer
(Pacific Flyway Council 2018). During the 2023 winter aerial seabird survey, marbled murrelets
had a density of 0.1 and 3.2 birds/km2 in nearshore areas of Hood Canal and Admiralty Inlet
basins, respectively (WDFW 2024f). Murrelets feed primarily on fish and invertebrates (Burkett
1995), and exhibit a diversity in diet composition that allows them to take advantage of
whatever fish prey resources are available in their forage areas. Nesting occurs in mature,
coastal coniferous forest, with nest cups built on large branches in tall trees (Nelson 1997).
There is no critical habitat for marbled murrelets within or close to the Project site. While
murrelets have historically been observed in Hood Canal, they’re increasingly rare in the area
due to loss of nesting habitat (e.g., old-growth forest). Murrelets could conceivably forage on
the water near the Project site.
Great Blue Heron
Great blue herons occur year-round throughout the Puget Sound, preying upon fish, reptiles,
invertebrates, small mammals, and amphibians in nearshore and intertidal habitats. Herons are
frequently observed resting and hunting atop floating artificial structures in nearshore waters
and have an established presence in North Hood Canal. During the 2023 winter aerial seabird
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survey, great blue herons had a density of 0.3 and 1.0 birds/km2 in nearshore areas of Admiralty
Inlet and Hood Canal basins, respectively (WDFW 2024f).
The breeding season extends from January to March and lasts for approximately 6 months
(July-September). Great blue herons do not typically occupy nests or colony sites (i.e., rookeries)
year-round, although individual or small aggregations may use these areas for roosting and
loafing (Eissinger 2007). The closest heron rookery to the Project site is about 1.5 miles northeast
in Shine Tideland State Park. Great blue herons are known as indicator species of
environmental health because they concentrate contaminants through biomagnification of
locally derived toxins found in small prey.
Shorebirds and Eagles
Shorebirds are commonly found along shorelines and mudflats, and are frequently observed
wading through shallow water while foraging for food in the mud or sand (eBird 2020). Most
species prey upon small invertebrates picked out of the mud or sand. Many of the species
observed along Washington shorelines are migratory and protected through the Migratory Bird
Treaty Act. Over 273 bird taxa have been documented in the southern portion of Hood Canal,
from the bend eastward. The Great Bend area is recognized by Washington Audubon as
providing an important wintering and staging area for black brant (Branta bernicla) (Pacific
Flyway Council 2018). Dunlin (Calidris alpina) and killdeer (Charadrius vociferus) are the most
observed shorebirds in the area, and dominant species that overwinter include western grebe
(Aechmophorus occidentalis), scaup (Aythya spp.), scoter (Melanitta spp.), and American wigeon
(Mareca americana). The northern portion of the Canal also provides important intertidal,
estuarine habitat, and hosts large concentrations of marine birds, including black brant,
American widgeon, and surf scoter.
Bald eagles (Haliaeetus leucocephalus) are relatively abundant in Hood Canal. As of 2005,
Washington hosted over 1,500 breeding pairs of resident eagles, and data suggest this number
has continued to rise (Kalasz and Buchanan 2016). In addition to this resident population,
Washington provides overwintering habitat for birds that nest in Canada and Alaska. During
the 2023 winter aerial seabird survey, bald eagles had a density of 0.2 and 0.4 birds/km2 in
nearshore areas of Hood Canal and Admiralty Inlet basins, respectively (WDFW 2024f). Bald
eagles nest and roost in forested areas adjacent to shorelines or large bodies of water, and
territories that contain at least 1 tall, mature perching tree that affords a wide view of the
surroundings (Kalasz and Buchanan 2016). Diet is predominantly fish, but eagles are
opportunistic and also eat birds, mammals, and carrion. Because bald eagles are protected
under the Bald and Golden Eagle Protection Act, there is an emphasis on ensuring that
shoreline activities, in general, do not disturb eagles.
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Marine Mammals
Marine mammals are protected under the Marine Mammal Protection Act. The discussion
below is broken into: (1) whales, and (2) other marine mammals.
Whales
The southern resident killer whale (SRKW; Orcinus orca) were listed as endangered under the
ESA in November 2005 (70 FR 69903). SRKW are primarily found in the Salish Sea during
spring, summer, and fall months but occur off the coast from Monterey, California, to southeast
Alaska during the winter. Their range shifts based on the availability of salmon, which is their
main food source. Olson et al. (2018) compiled SRKW sighting data in the Salish Sea from 1948
through 2017. The report provided data on a total of 49,491 sightings, including 2,113 SRKW
sightings in 2017. Sightings primarily occur within North Sound. The 2017 data follow the
standard decadal mean, with the highest number of sightings occurring during the late fall and
winter months (Olson et al. 2018). SRKW that migrate into Puget Sound typically make it as far
south as the Nisqually River (Wiles 2004). Designated critical habitat for SRKW occurs
throughout Puget Sound but excludes areas less than 20 feet deep, relative to extreme high
water (NMFS 2020). Intertidal areas commonly used for shellfish aquaculture are typically
outside of critical habitat, based on this definition.
Transient killer whales (e.g., mammal-eating whale vs. the resident salmon-eating whales) have
been reported within Puget Sound but are more unpredictable in their movements compared to
the SRKW. According to Wiles (2004), most sightings of transients in Washington occur in the
summer and early fall, with smaller numbers continuing throughout the year.
Humpback whales (Megaptera novaeangliae) were first listed as endangered on December 2, 1970
(35 FR 18319). Revision of their listing to break down the humpback whale population into 14
DPSs was finalized in 2016 (81 FR 62259) with the Central America DPS and Western North
Pacific DPS maintaining endangered status, and the Mexico DPS being adjusted to
threatened. Humpback whales often occur in Puget Sound. The Western North Pacific DPS
primarily occurs further off the coast compared to the regions analyzed in this report. The
Mexico DPS and Central America DPS comprise about 36% of the humpbacks occurring within
the Puget Sound, with the other 64% belonging to the Hawaii DPS, which is not federally listed
(Sato and Wiles 2021). During migration, humpback whales stay near the surface of the ocean
(NMFS 2024a). While feeding and calving, they prefer shallow waters. During calving,
humpbacks are usually found in the warmest waters available at that latitude. Calving grounds
are commonly near offshore reef systems, islands, or continental shores. In contrast, humpback
feeding grounds are in cold, productive coastal waters. Puget Sound is not recognized as a
calving or migration area for humpback whales, although in recent years they have been
observed in greater numbers in the Salish Sea and likely still use portions of North Sound and
South Sound for feeding where stocks of prey fish are sufficient (Falcone et al. 2015). In Puget
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Sound as a whole, the slight increase in sightings in more recent years could be a reflection of a
rebound in population status of humpback whales in the eastern Pacific, as documented in a
recent extensive census of North Pacific populations (Calambokidis et al. 2008). They have been
documented within Hood Canal (Orca Network 2021), meaning they could be present in the
vicinity of the Project site.
The other ESA-listed whales do not frequently occur within Washington’s inland waters. Rare
fin whale (Balaenoptera musculus) sightings in Puget Sound occurred in 2015 and 2016, but these
were the first in decades; the majority of reported sightings are off the coast of Washington
(Wiles 2017). Food sources and foraging habits of these whales keep them primarily in deeper
waters, and they are unlikely to come into the shallow bays and estuaries associated with
shellfish aquaculture operations.
Gray whales (Eschrichtius robustus) are an open ocean species most commonly found off the
coast from Baja California to the Bering and Chukchi seas. Aggregations occur off the coast of
Washington during winter and spring migrations but are uncommon in Puget Sound
(Calambokidis et al. 2002). A small group of gray whales was observed returning to waters
around Whidbey Island in the spring of 2013 to feed, and this is the typical southern extent of
gray whale sightings in Puget Sound (Orca Network 2021). There have been documented
sightings of gray whales in Hood Canal (Orca Network 2021).
Other Marine Mammals
Harbor seals (Phoca vitulina) are present within Puget Sound and waters of Washington State
year-round (Gustafson et al. 2000). Haul-out locations have been identified in Port Gamble Bay
approximately 2.5 miles from the Project site (Jeffries et al. 2000). Harbor seals are the only
pinniped species that also breed in Washington waters. In Hood Canal, pups are typically born
between August through January.
California sea lions (Zalophus californianus) are present in Puget Sound between late summer
and late spring (Gustafson et al. 2000). They breed in waters off the coasts of California and
Mexico. Only the males migrate north to the waters of Washington and British Columbia. Haul-
out locations have been identified within the South Sound, but this species has the potential to
occur throughout the analysis regions, depending on the time of year (Jeffries et al. 2000).
Steller sea lions (Eumetopias jubatus) occur primarily on the outer coast of Washington, although
they have been documented in the South Sound and have the potential to occur throughout
Puget Sound and in Willapa Bay (Jefferies et al. 2000). There are no breeding rookeries in
Washington and therefore densities of the sea lions vary seasonally. Peak counts typically occur
during the fall and winter months.
The harbor porpoise (Phocoena phocoena) and Dall’s porpoise (Phocoenoides dalli) typically occur
in North Sound (Gustafson et al. 2000; Palazzi and Bloch 2006). However, both species of
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porpoise are consistently sighted in South Sound (Orca Network 2021). Harbor porpoises have
become much more common within Puget Sound in recent years, after an almost complete
disappearance (The Seattle Times 2013).
Pacific white-sided dolphins (Lagenorhynchus obliquidens) most often occur offshore but
occasionally enter the Salish Sea (Cascadia Research 2020). Most sightings have been
documented within North Sound (Orca Network 2021), although there is the potential for this
species to occur in Hood Canal or South Sound.
Common dolphins (Delphinus delphi) and bottlenose dolphins (Tursiops truncatus) typically
occur in warmer waters off California but have been sighted more frequently in Puget Sound
since 2016 and 2017 (Cascadia Research 2017, 2020). Rarely, dolphins will also make their way
down to South Sound. Most of the two groups of dolphins that show up make their way back
out of inland waters. Sightings of both species have occurred in the North Sound and South
Sound, and have occurred annually since the initial sightings.
Sea Otters (Enhydra lutris kenyoni), which number just over 1,000 in Washington state, are
typically distributed between Pillar Point in the Strait of Juan de Fuca to south of Destruction
Island off the Washington state coast. However, they have been occasionally seen in Puget
Sound waters, and there is potential for the species to occur in Hood Canal (USFWS 2024b).
Invertebrates
The longest data set for Puget Sound on benthic invertebrates is through Ecology (Partridge et
al. 2018). Ecology measured benthic invertebrate communities as part of a sediment quality
analysis for Puget Sound health. Based on over 27 years of data at 10 sentinel stations, Partridge
et al. (2018) reported relationships between the benthic community and habitat, contaminants,
and other variables (Partridge et al. 2018). Occurrence, abundance, and type of invertebrates
varied considerably by station. However, the average proportions of the major taxa were similar
across the stations. The North Hood Canal station had the highest total abundance (Figure 7).
Species diversity was highest at the sandiest stations – North Hood Canal and Anderson Island
in Carr Inlet – and lowest at the northern and southern extremes of Puget Sound. Similarities of
the invertebrate communities reflect the similarities of depth and grain size in the habitats.
Changes in species composition were observed when there were also changes in sediment grain
size (e.g., more sand and less clay).
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Figure 7. Mean total abundance (a) and mean diversity (b) by taxonomic group.
Source: Partridge et al. 2018
One of the most important measurements of invertebrate community structure is trophic
structure or functional feeding guilds (Figure 8). Partridge et al. (2018) commented that, “Even
though species and abundances may vary considerably over time, in stable systems ecological
functions [or trophic structures] are conserved.” In other words, the response of the invertebrate
community to an environment is integrated through time and does not depend on one species
(Partridge et al. 2018). The Ecology data indicates that there was a shift in feeding guilds from
2000 compared to about half the other years. This change showed a shift from detritivores to
deposit feeders in most of the sampling stations and the opposite at Anderson Island. For
Anderson Island, the authors indicated that this shift was likely due to the changes in substrate
composition to more sand and less clay.
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Figure 8. Mean total abundance (a) and mean diversity (b) by functional feeding guild.
Source: Partridge et al. 2018
Species commonly harvested within intertidal locations near the Project site include horse clams
(Tresus capax), littleneck clams (Protothaca staminea), cockles (Cerastoderma edule), butter clams
(Protothaca staminea), and Manila clams (Venerupis philippinarum) (WDFW 2024g, 2024h). Shine
Tidelands State Park is about 2000 feet northeast of the Project site and represents a common
harvest location (WDFW 2024h). Other benthic or infaunal taxa in North Hood Canal include
various worms, other echinoderms (e.g., sea cucumbers, urchins, and sand dollars), and other
bivalves (WDFW 2024i).
5.1.3 Kelp and Eelgrass Beds
The Washington State Department of Resources (DNR) monitors the abundance and
distribution of eelgrass and other seagrass species in the Greater Puget Sound, both because of
their status as indicators of estuary health and because they serve as key species in nearshore
ecosystems (DNR 2024a). Washington DNR surveys in 2005 and 2010 in the southwest of
Squamish Harbor and near Bywater Bay identify beds of native eelgrass (Zostera marina), while
surveys in the eastern part of Squamish Harbor, directly west of the Project site, identify beds of
native eelgrass mixed with non-native dwarf eelgrass (Zostera japonica) growing closer to the
shore. This is representative of Hood Canal overall, with most surveys showing seagrass beds
of only native eelgrass or beds with a mix of native eelgrass and dwarf eelgrass. Based on data
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from 2000-2020, most surveyed native eelgrass in Hood Canal shows no trend in abundance
change over time, including the beds surveyed nearest to the Project site (DNR 2024a).
A Marine Surveys & Assessments (MSA) survey from June 2023 reported that the Project site
supports a variety of seagrass (MSA 2023). The seagrass bed closest to the shore within the
Project site is dominated by dwarf eelgrass (0-613 shoots/m2), which transitions to a mixed bed
of dwarf and native eelgrass a few hundred feet into the water (0-1,333.3 shoots/m2). At about
500 ft offshore, there is a seagrass bed composed of only native eelgrass (0-128 shoots/m2).
Laminaria and macroalgae coverage in the Project site begin about 300 feet offshore and
increase with distance from shore in the surveyed area.
5.2 Wetlands
Estuarine wetland area in Hood Canal has increased from approximately 6,170 acres to 6,350
acres since historical mapping efforts in the 1800s (Simenstad et al. 2011). This overall increase
in acreage is driven by an increase in estuarine mixing wetlands, which masks the near
complete loss of oligohaline transitional wetlands associated with Hood Canal deltas
(Simenstad et al. 2011). There are no deltas or oligohaline transitional wetlands associated with
the Project site. Hood Canal eelgrass cover is primarily composed of fringe sites along sloping
intertidal and shallow subtidal areas, whereas many other areas are dominated by a relatively
small number of large eelgrass flat sites (Christiaen et al. 2017). Eelgrass cover in Hood Canal
has increased from an estimated 4,900 acres in 2004 to 5,690 acres in 2015 (Christiaen et al. 2017).
The vast majority of eelgrass in Hood Canal occurs between 0 feet MLLW and -9.8 feet MLLW
(Christiaen et al. 2016).
The Project site falls within a continuous stretch of estuarine and marine wetland habitat
covering 386.87 acres that follows the shoreline from Squamish Harbor north to Port Ludlow
(USFWS 2024c). This habitat is characterized by having deepwater tidal habitats adjacent to
tidal wetlands, presence of ocean water mixing with freshwater runoff, substrate that is flooded
and exposed by tides daily, and an unconsolidated shore that has less than 75% areal cover of
stones, boulders, or bedrock and less than 50% areal cover of vegetation. The next closest
wetland features to the Project site are inland to the west and east. These wetland features are
two freshwater emergent wetland habitats characterized by seasonal saturation and presence of
perennial species that are present for most of the growing season, dominated by trees, shrubs,
moss, and lichen (USFWS 2024c).
5.3 Geologically Hazardous Areas
The Project site falls within some geologically hazardous areas, with identified erosion, slope
stability, landslide, and seawater intrusion risks (Jefferson County 2024a). Information from the
Soil Conservation Service marks the shoreline where the Project site is located as an area with
erosion risk. While the Project site has low liquefaction susceptibility, it has a high potential risk
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of earthquake damage through ground shaking, slope failure, settlement, or surface faulting
and the Coastal Zone Atlas of Washington marked the area within the Project site as an unstable
shoreline. The Project site is within a coastal seawater intrusion protection zone, with high risk
seawater intrusion protection zones on either side of the Project site along the shoreline
(Jefferson County 2024a).
5.4 Critical Aquifer Recharge Areas (CARAs)
Critical Aquifer Recharge Areas (CARAs) are defined in Washington’s Growth Management
Act as “areas with critical recharging effect on aquifers used for potable water.” The Project site
boundaries do not include any CARAs, although there are geologically susceptible CARAs just
inland to the north and down shore to the west from the Project site. Further to the west and to
the north there are also two CARAs designated as Special Aquifer Recharge Protection Areas
(Jefferson County 2024a).
5.5 Frequent Flood Areas
Flooding is a frequent occurrence in Jefferson County in winter months, with damaging floods
occurring every 4 years on average and the County being listed 8 times from 1982 to 2005 for
flood-caused national disasters. Floods in Jefferson County are most common at river mouths
where high river waters are held back by ocean water surges and strong winter storm wind.
(Ecology 2024c). Big Quilcene, Little Quilcene, and Dosewallips rivers, the mouths of which are
10 to 20 miles southwest of the Project site, are all flood-prone. These rivers are short with steep-
sided banks, causing water to rise and recede quickly, the effects of which are compounded by
tidal action and strong southern winds holding water against shores. The floods that result are
often short-term, but can still cause extreme damage (Jefferson County 2016). While not directly
adjacent to these large river mouths, the Project site falls within a region on the shoreline that
has a 1% or higher annual change of flooding, making it a high-risk flood zone. Specifically, it
falls within a velocity area, meaning that it is subject to high velocity wave action (3-foot
breaking waves) during coastal floods (Ecology 2024c).
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6.0 EFFECTS ANALYSIS
Based on the potential overlap with critical areas presented in Section 5.0 above, FWHCAs are
the main critical habitat potentially present in the Project vicinity. Estuarine wetlands are also
present, but potential effects are covered under kelp and eelgrass beds of the FWHCAs.
Therefore, this effects analysis addresses the potential Project-related effects to the
environmental attributes and habitat qualities important to fish and wildlife species that may be
present in the Project vicinity per the requirements identified under Articles VI (Fish and
Wildlife Habitat Conservation Areas) and IX (Special Reports) of Chapter 18.22 JCC.
In addition, the Jefferson County SMP indicates that new or expanded aquaculture shall be
located, designed, and maintained to assure no net loss of ecological functions (JCC
18.25.270(2)), including cumulative impacts (JCC 18.25.270(3)). There is at least one known
proposal for similar actions in North Hood Canal (i.e., intertidal shellfish culture), and there are
other shellfish activities that include commercial, tribal, and recreational shellfish harvest in the
area.
The information presented below is consistent with, and builds upon, the analysis and
evaluation of impacts associated with shellfish activities in Washington State inland marine
waters described in the Corps (2015) Programmatic Biological Assessment (PBA) and the
associated programmatic consultation (USFWS 2016; NMFS 2016). The programmatic
consultation covers continuing shellfish farming activities along with new shellfish farming,
commercial harvest, recreational harvest, tribal harvest, and restoration activities over an
anticipated 20-year timeline and is considered a state-wide cumulative impacts assessment.
Presented below are discussions of the direct and indirect effects of the Project, including:
Water quality
Sediment quality
Fish and wildlife habitat
Invertebrates
Kelp and eelgrass beds
Navigation and public use
No net loss and cumulative impacts
Note that much of the literature discussed below relates to near-bottom shellfish gear, including
oyster longlines in intertidal areas. While these studies provide information using best available
science, there are differences compared to the proposed Project using SEAPA basket culture
methods. For example, SEAPA baskets typically use rebar racks instead of polyvinyl chloride
(PVC) stakes and rope. These differences will be identified below when discussing effects of
shellfish culture methods that are related but may not result in the same effects.
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There are no effects to geologically hazardous areas, CARAs, and frequently flooded areas. This
determination is based on the location of the activities (below OHWM) and type of
development (shellfish aquaculture). Therefore, no additional discussion is presented below on
these critical areas.
6.1 Water Quality
It is recognized both regionally and federally that shellfish aquaculture can have both positive
and negative effects on water quality (Tallis et al. 2009; Dumbauld et al. 2009; National Research
Council and Ocean Studies Board 2010). For the most part, negative effects are short-term and
result in what Dumbauld et al. (2009) defines as “pulse disturbances.” A pulse disturbance is a
short, discrete event such as harvest of on-bottom shellfish products or gear placement,
compared to a “press disturbance” that is a longer-lasting chronic event that results in a loss of
estuarine habitat such as the installation of roadways, bulkheads, groins, or dikes. Note that
harvest for the Project include removal of baskets, so there is unlikely to be a pulse disturbance
of this activity in terms of water quality effects.
The shellfish aquaculture industry is reliant on the maintenance of good water quality
conditions to ensure the safety and survival of their product. Numerous actions have already
been taken in the Hood Canal area to improve water quality with the goal of supporting
shellfish harvesting. These include creating the Jefferson County Clean Water District (WDOH
2024b), tracking pollution and contaminants that affect shellfish farms (WDOH 2024a), and
addressing state-wide goals to improve the amount of harvestable shellfish beds (PSP 2024).
The following information is a discussion on potential impacts to water quality from the
proposed Project, including (1) water circulation, (2) contaminants, and (3) suspended
particulates/turbidity.
6.1.1 Water Circulation
Water circulation influences sediment distribution and dissolved oxygen concentrations. The
proposed Project can potentially influence water circulation due to the presence of culture gear.
Turner et al. (2019) measured current speed and water quality variables within and adjacent to 4
oyster farms in Chesapeake Bay associated with floating (i.e., caged grow-out areas) and on-
bottom culture. The authors reported statistically significant differences in current speeds
within the oyster gear. However, the magnitude of change to water quality variables were
minor. The authors indicated that differences based on natural seasonal changes were far
greater in magnitude compared to inside and outside of the farm footprint.
These results are consistent with studies associated with longline gear in Willapa Bay paired
with previous work in the region (Banas and Hickey 2005; Confluence 2016). A boat-based
Acoustic Doppler Current Profiler survey was conducted in Willapa Bay to measure current
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speed and direction up-current, down-current, and within oyster longline culture beds. The
major effects of the oyster longlines included:
Differences in current speeds and current direction within and outside of culture areas
were not significant.
Differences in current speeds and current direction up-current and down-current of
culture areas were not significant.
Current speed and direction with depth and at discrete distance intervals along each
study transect were highly variable.
Complex circulation patterns existed because of a naturally complex seabed (eelgrass,
channels, bed roughness).
The study concluded that tidal currents are one of the forces contributing to sediment transport
and sediment distribution in the area of oyster longline culture gear on the mudflats in Willapa
Bay, but they are not the most active means for sediment transport. Other studies have shown
that sediment transport within channels and adjacent to channels is more active than on
mudflats (Banas and Hickey 2005; Forrest et al. 2009).
Overall, the existing literature indicates that shellfish aquaculture gear can have a measurable
effect on water circulation but that does not translate into a significant change in water quality
parameters. Ways in which shellfish growers watch for specific patterns in water circulation is
observing whether oyster longlines (or SEAPA baskets) are working with the general pattern of
sediment movement (i.e., no significant effect) or against these patterns (i.e., noticeable
sediment accumulation/erosion). In the latter case, gear is moved to work with the general
patterns observed so that the ultimate change, with adaptive management, is minor.
6.1.2 Contaminants
North Hood Canal is an important shellfish production area, but has a history of closures in
portions of the canal from high fecal coliform levels or harmful algal blooms (Dawson 2020,
2021, 2022; Jefferson County 2024c). These occurrences are likely a result of non-point
contamination sources such as urban and industrial run-off (e.g., stormwater). A growing body
of existing literature indicates that shellfish aquaculture, or the presence of a bivalve
community, may provide some control of human nutrient loading to waterbodies (Shumway et
al. 2003; Newell 2004; Newell et al. 2005; National Research Council and Ocean Studies Board
2010; Burkholder and Shumway 2011; Kellogg et al. 2013; Banas and Cheng 2015). Bivalves
remove more nutrients from the water column than they input as feces or pseudofeces2 (also
known as biodeposits), which can have a net benefit to water quality.
2 Pseudofeces are biodeposits resulting from a specialized method of expelling materials by filter-feeding
bivalves that enables them to excrete suspended particles that cannot be used as food (e.g., particles of
silt). The rejected particles are wrapped in mucus and expelled.
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Bivalves filter large quantities of organic matter from the water column and assimilate nitrogen
and phosphorus into their shells and tissue (Newell et al. 2005). When shellfish are harvested,
the sequestered nutrients are permanently removed from the system, also known as
bioextraction. According to Newell (2004), bioextraction is one of the only methods available
that removes nutrients after they have entered a system, which can then make that system more
resilient to nutrient loading and ultimately decreases in dissolved oxygen. Kellogg et al. (2013)
also indicated that oyster reef restoration could be considered a “safety net” to reduce impacts
to water quality from urban sources.
In a more recent study by Kellogg et al. (2018), the authors quantified the ecological benefits and
impacts of oyster aquaculture in Chesapeake Bay. Water quality was one of the main
measurements to understand effects associated with shellfish culture in the bay. The results
indicated that there were few impacts, positive or negative, detected from the oyster
aquaculture operations. However, the authors calculated that there was a removal of 21 to 372
pounds of nitrogen and 3 to 49 pounds of phosphorus per farm per year. As stated by the Corps
(2020), “Oyster mariculture [aquaculture] activities may not provide identical ecological
functions and services and functions as natural oyster reefs, but cultivated oysters do provide
some of these functions and services without substantial investment of public funds (Kellogg et
al. 2018) that may be needed for restoration activities.”
The proposed Project does not contribute to potential contamination of the surrounding water
and depends heavily on maintaining good water quality conditions for the health of the
shellfish. The existing literature suggests that shellfish provide a mechanism for removing
excess nutrients from the system, which can protect a system from eutrophication. In addition,
having a commercial shellfish operation in North Hood Canal provides incentives to improve
water quality conditions. Overall, potential effects to contaminants by the proposed Project are
considered beneficial.
6.1.3 Suspended Sediments/Turbidity
Project actions include the installation of anchors, frames, and SEAPA baskets. During gear
installation, suspended sediments or turbidity is generated. The proposed Project site is within
an approved location and not associated with fecal coliform bacteria problems or areas with
sediment contamination (Ecology 2024a; WDOH 2024a). Short-term increases in suspended
sediment may occur during gear installation, but these impacts are expected to be negligible
compared to existing movement of sediments in the surrounding intertidal habitat. The Project
area is an estuarine environment that has regular short-term increases in suspended sediment
from wind-wave action, tidal movement, and longshore sediment transport (Ecology 2024b).
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6.1.4 Summary of Water Quality Effects
The need for good water quality conditions is inherent in shellfish aquaculture operations.
Presence of the proposed Project and a water quality advocate by Rock Island Shellfish are the
impetus behind monitoring and maintaining water quality such that it meets WDOH criteria.
The benefits of this can be observed through the work of multiple groups in Washington State
that track and improve water quality conditions, including: (1) the creation of the Jefferson
County Clean Water District (WDOH 2024b), (2) tracking of pollution that affect shellfish farms
(WDOH 2024a), and (3) state-wide goals to improve the amount of harvestable shellfish beds
(PSP 2024).
Potential impacts to water quality associated with the proposed Project include water
circulation, contaminants, and suspended particulates/turbidity. Overall, shellfish aquaculture
is recognized for both positive and negative effects on water quality. Negative effects are seen
as pulse disturbances that do not have lasting impacts on water quality. These negative effects
are considered to be negligible in relation to the proposed Project and well within the natural
variability in water quality parameters. In contrast, positive effects with a well-managed farm
can have lasting improvements to water quality and is seen as a way to reduce the potential for
eutrophication within an estuary. This is because shellfish harvest removes excess nutrients
from a system and can make that system more resilient to nutrient contamination concerns.
6.2 Sediment Quality
Potential mechanisms for the proposed Project to affect sediment quality include changes in
substrate accumulation or erosion due to the presence of gear and the contribution of
biodeposits to the surrounding sediment. Note that changes in the benthic invertebrate
community due to the presence of gear is discussed in Section 6.4 below.
6.2.1 Culture Gear
The Project site is a uniform mixture of sandy habitat from recessional glacial outwash and the
feeder bluff along the shoreline (ESA Adolfson et al. 2008; Ecology 2024b). SEAPA basket
culture methods use anchors and frames and are spaced at regular intervals. The culture areas
are located within 2 separate areas of the Project site (refer to Figure 3), totaling approximately
2 acres within a larger 6-acre intertidal area.
Based on various studies at existing shellfish aquaculture farms, erosion and deposition near
structures has been documented, but these small-scale processes are difficult to quantify
compared to the surrounding habitat. Rumrill and Poulton (2004) found that sediment
deposition up to 4 inches occurred in the vicinity of oyster longlines while no deposition
occurred in control areas. Sediment deposition was also noted during recent eelgrass
monitoring of oyster longlines in Humboldt Bay around PVC stakes, with soft, flocculant
material deposited on the seabed (Merkel and Associates 2020). Similarly, small changes in
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intertidal beds may occur in areas used for frequent access by workers walking across the
tideflats. These changes may result in ponded areas near oyster longline gear. Overall, these
changes are expected to be highly localized, temporary (i.e., sediment will mobilize after gear is
replaced or removed), and within the same variability compared to the natural range of
storm/wave activity throughout an estuary.
Dumbauld et al. (2015) suggested that aquaculture creates short-term “pulse” disturbances that
may alter the benthic substrate in lower intertidal areas temporarily in a manner consistent with
storm events and that the magnitude of these temporary effects is within a range where natural
recovery is anticipated to occur. As noted above, there is unlikely to be a pulse disturbance of
harvest activity in terms of water quality effects because it only involves the removal of baskets.
Placement of gear during initial installation is the only pulse disturbance associated with this
Project. While sediment dynamics respond to a variety of influences over time, existing data
suggests that sediment changes due to aquaculture gear are likely minor in relation to natural
sediment dynamics that drive the functions of nearshore habitats (Forrest et al. 2007, 2009).
Because the existing substrate where the proposed Project will occur is primarily sandy
substrate, potential sediment effects are expected to return to existing conditions quickly or will
only result in a nominal change in sediment movement that will not be measurable compared to
existing conditions.
6.2.2 Biodeposition in the Sediment
Shellfish aquaculture has been reported to result in increased biodeposition that may lead to
changes in sediment characteristics (Cranford et al. 2009). For example, sedimentation rates
under floating mussel farms in Quebec, Canada, were measured as 2 to 5 times more than
reference sites (Weise et al. 2009). The degree of environmental impact is related to site-specific
conditions, such as water depth, current velocity, sediment movement, and intensity of culture
practices. The proposed Project is a small culture operation within a well-mixed estuary, and
the amount of oysters that release biodeposits from the proposed SEAPA baskets would be
magnitudes lower compared to examples from mussel culture operations.
While there are identified sediment quality concerns in Hood Canal, especially within the
Suquamish Harbor, there are also improvements and positive contributions over time (WDOH
2024b). Shellfish aquaculture operations are a relatively minor portion of Hood Canal. In
addition, the proposed Project is considered a continuation of shellfish activities at an historic
farming location using the Corps (2015) PBA definition and was considered part of the existing
baseline. Overall, the proposed Project is unlikely to result in increased sediment organic
enrichment due to biodeposition in the sediment.
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6.2.3 Summary of Sediment Quality Effects
The Project site is dominated by sandy substrate. The intertidal habitat in North Hood Canal is
not a static system; there is ongoing erosion, transport, and deposition of sediments. While the
SEAPA baskets may cause short-term impacts to the substrate, it is a limited effect over a short
period of time. Longline culture methods results in the transfer of organic matter to sediment,
which can increase organic sediment content in areas with low flushing rates. Near-bottom
culture methods result in a much lower amount of sediment enrichment compared to floating
mussel culture, and even mussel culture has not been shown to result in enrichment of
sediments in Puget Sound. Both the low amount of added shellfish aquaculture to Hood Canal
(0.2%) and the limited influence of a SEAPA basket culture system makes this potential impact
minor to negligible.
6.3 Fish and Wildlife Habitat
There are various fish and wildlife species identified in Section 5.0 above. These species use
North Hood Canal in a variety of ways. The ways in which the proposed Project may affect this
habitat is discussed below.
6.3.1 Fish Habitat
Shellfish in Washington have been farmed for over 150 years. Although shellfish aquaculture
activities can be described as a pulse disturbance – or a short, discrete event – the overall impact
to FWHCAs varies on the type of fish, location in the water column, and habitat changes that
result from the addition of shellfish aquaculture gear or products. The response associated with
shellfish aquaculture operations from the majority of fish species includes either increased
abundance or no significant differences between culture and other intertidal habitats
(Magnusson and Hilborn 2003; Pinnix et al. 2005; Dumbauld et al. 2009, 2015; Kalson and
Kramer 2015), although there are exceptions and trade-offs for bottom-oriented fish in areas
with in-substrate culture methods (McDonald et al. 2015). Potential adverse impacts are
managed through avoidance measures and monitoring. There is a new study that is starting to
track fish use of culture beds within Hood Canal (NMFS 2022), and a diversity of fish have been
reported within oyster longline culture areas.
Migration along the shoreline is a major component of management concerns associated with
ESA-listed fish (Schlenger et al. 2011; USFWS 2016; NMFS 2016). This is primarily due to
shoreline development. Access to mid-sized and smaller streams have often been compromised
by various human activities such as roads, railroad crossings, dikes, and shoreline armoring.
Culverts under roads and railroads, among other human caused changes, are often a passage
barrier to anadromous fish (Schlenger et al. 2011).
The proposed Project does not constitute a barrier to fish during their migration, or impacts to
spawning areas, foraging areas, or rearing habitat. This is based on several reasons:
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The proposed Project is sited away from the upper portions of the shoreline at depths
ranging from +4 feet to -4.2 feet MLLW and includes rows of gear where fish can swim
through. Documented impacts to migratory fish are associated with structures that
extend out from upland into intertidal areas – such as docks and piers (Ward et al. 1994;
Burdick and Short 1999) – rather than gear that is in intertidal areas that do not
significantly change the ultimate functions or use of the area for fish.
Adult salmon and green sturgeon typically remain in deeper water and the deepest
portion of tidal channels where they are unlikely to encounter activities or gear related
to shellfish aquaculture (Kelly et al. 2007; Dumbauld et al. 2015; Kagley et al. 2017).
Chum salmon and juvenile salmonids use shallow intertidal areas where shellfish farms
are located where the gear can provide structured habitat that is used as a nursery area.
For example, multiple studies have reported higher densities of important salmonid
prey items in areas with oyster culture compared to bare mudflats (Simenstad et al.
1991; Brooks 1995; Suhrbier et al. 2017).
There is no documented forage fish spawning habitat associated with the Project site
(WDFW 2024e). There are conservation measures in place that identify and avoid Pacific
herring spawn if it occurs on culture gear. The proposed Project is below spawning
elevations for surf smelt and sand lance.
Benthic foraging species, such as flatfish, crabs, and sea stars, will congregate below
oyster longline culture gear due to the additional structured habitat (D’Amours et al.
2008). One of the ancillary benefits of a higher abundance of crabs in farm areas is the
presence of crab larvae, which is an important prey resource for salmonids (Wild and
Tasto 1983; Brodeur et al. 2007; Bollens et al. 2010; Duffy et al. 2010). For example,
Bollens et al. (2010) reported that crab larvae become especially important for juvenile
Chinook salmon in nearshore areas in the summer.
The Project site is an intertidal location with sandy substrate that does not contain
habitat likely to support ESA-listed rockfish (e.g., rocky, deep water). For example,
Grove and Shull (2008) identified rockfish around Lummi Island in areas with vertical
walls and steeper slopes (i.e., 70 degrees). Observed rockfish densities dropped to zero
where bottom slopes flattened out and the substrate was primarily gravel and sand.
Habitats with SAV support the greatest number of juvenile rockfish (Matthews 1990;
Carr 1991; Carr and Syms 2006; Hayden-Spear 2006; Springer et al. 2010). The larval
stages of rockfish are often observed floating under detached algae, seagrass, and kelp
within the water column (Love et al. 2002; Palsson et al. 2009). The Project avoids SAV
using a 16.5-foot buffer.
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A diet analysis of rockfish concluded that their diet preference is similar to salmonids,
which includes gammarid amphipods, hyperiid amphipods, crab larvae, and copepods
(Baird 2010; Tonnes 2012; NMFS 2017). This indicates that the salmonid prey resources
supported by shellfish aquaculture gear would also support rockfish.
The available evidence suggests that fish will encounter, and may feed, in the proposed Project
site in North Hood Canal. However, negative interactions are largely avoided because of the
type of gear and avoidance of SAV areas. While there may be some short-term disturbances
(i.e., pulse disturbances) associated with human presence, ultimately the areas have similar
functions compared to the same habitats without shellfish aquaculture gear. Overall, the effects
to habitats associated with fish are considered minor.
6.3.2 Bird Habitat
Although marine birds feed at shellfish aquaculture farms, the farms themselves do not
necessarily attract larger numbers of birds compared to non-cultured areas (Hilgerloh et al.
2001). For birds that tend to avoid areas with humans, the presence of staff tending a farm
would be expected to temporarily reduce marine bird use. These interactions would be seasonal
when birds are present (i.e., during winter and early spring), short-term, and limited. Culture
gear may also provide perching and resting areas for local birds (especially cormorants and
gulls) when not occupied by personnel performing shellfish aquaculture activities.
The following information is a discussion on potential impacts to habitat for specific bird
species and habitat areas, including: (1) marbled murrelet, (2) great blue heron, and (3) seabird
habitat areas.
Marbled Murrelet
Marbled murrelets forage in shallow marine waters and had an at-sea density in Admiralty
Inlet basin during the 2023 winter aerial seabird survey of 3.2 birds/km2 (WDFW 2024f). Noise
associated with human presence and boat motors during shellfish operations could result in
temporary displacement of marbled murrelet. Strachan et al. (1995) commented that marbled
murrelets that are found around heavy boat traffic do not appear to be adversely affected by the
ambient noise of an urban area, suggesting that birds acclimate to the noises in their vicinity.
Given that a shellfish farm does not represent heavy boat traffic, murrelets are not likely to be
affected by farming activities. Therefore, effects on foraging and communication for marbled
murrelets would be temporary and minimal, especially considering the low density of birds.
Great Blue Heron
Great blue herons occur year-round throughout the Puget Sound. Distances from potential nests
and the proposed Project also provide adequate separation. For example, Carney and Sydeman
(1999) reported that a distance of 164 feet from great blue heron rookeries provided enough
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protection from negative interactions with humans. The closest heron rookery is located
approximately 1.5 miles northeast from the Project site in the Shine Tideland State Park
(Eissinger 2007). While potential overlap during foraging behaviors is expected, the only
anticipated potential effect to these birds is disruption when staff are present at the farm. There
is plenty of foraging habitat in adjacent areas, and this effect is expected to be minor.
Shorebird and Eagle Habitat Areas
Based on existing literature and anecdotal observations, shorebirds and eagles are known to
occur near shellfish aquaculture farms and associated gear without incident. Shellfish
aquaculture areas may increase potential prey opportunities for shorebirds (Kelly et al. 1996;
Hilgerloh et al. 2001). Connolly and Colwell (2005) and HTH (2015, 2018) looked at shorebird
use of oyster longline culture beds in Humboldt Bay, California. No behavioral differences in
shorebird use within the culture beds were observed (e.g., shorebirds readily foraged under the
lines). Larger marbled godwits were observed to arrive before small species (i.e., small
sandpipers), as the smaller birds can only access the sites when fully exposed or in very shallow
water. The observations from HTH (2015, 2018) confirm the previous findings of Connolly and
Colwell (2005) and suggest that shorebird foraging occurred irrespective of the presence of
longlines. Shorebird presence in or out of oyster longline culture beds was primarily dependent
on water depths and access to food resources in shallow water or exposed mudflat.
Bald eagles tend to forage evenly throughout the day regardless of the presence of aquaculture-
related activities. Watson et al. (1995) studied the frequency of eagle foraging during geoduck
harvesting activities and found no statistically significant difference in foraging between
geoduck harvesting days and days when no aquaculture activity was present. Given these
results, coupled with the rising trend in bald eagle populations seen over the last decade, which
have resulted in the delisting of species in Washington (Kalasz and Buchanan 2016), it is highly
unlikely existing and future aquaculture would affect the foraging success of bald eagles in
aquaculture adjacent areas in the regions and subregions analyzed in this report.
There is the potential to negatively affect behavior and foraging through disturbance (e.g.,
noise) related to farm activities. However, these effects are temporary and not expected to
impact species on a population level (Carney and Sydeman 1999; Borgmann 2010). Based on
over 150 years of aquaculture in Washington state and observations in and around aquaculture
gear, the potential for shorebird and eagle disturbance appears to be an insignificant risk.
Given the frequency of culture activities, avoidance measures established at shellfish
aquaculture farms, and natural timing of activities in relation to seasonal bird use of shellfish
aquaculture areas, only temporary and minimal effects to birds are expected. If there are
interactions between birds and shellfish aquaculture operations, the literature supports a
conclusion that shellfish activities would result in a minor negative effect (i.e., likely avoidance)
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but also positive effects from the potential to increase foraging habitat. Therefore, the Project
would have minor to negligible impacts on shorebird and eagle habitat areas.
6.3.3 Marine Mammal Habitat
The primary potential impact mechanism identified by the Corps (85 FR 57332) of existing
shellfish aquaculture activities or future similar actions on marine mammals is entanglement.
The following information is a discussion on potential impacts to habitat for specific marine
mammal habitat areas, including: (1) southern resident killer whale, and (2) other marine
mammals.
Southern Resident Killer Whale
Effects from the proposed Project to SRKW are expected to be negligible due to the infrequent
use of shallow areas by the whales and no potential for entanglement. This is consistent with
the review of potential impacts from NMFS (2016) during the programmatic consultation effort,
especially when considering conservation measures to maintain and monitor gear on a regular
basis. Waters with depths less than 20 feet based on extreme high water are excluded from
critical habitat for SRKW due to the lack of use and access to such shallow areas (71 FR 69054).
Even at the very bottom of the culture area (-4.2 feet MLLW), there is no overlap with SRKW
critical habitat.
Research presented by the Corps in the recent proposal to reissue and modify nationwide
permits (85 FR 57298) identified entanglement in suspended or floating culture, specifically
lines or nets, as the main potential impact. The proposed Project includes racks and SEAPA
baskets without the use of lines. A review of entanglements within aquaculture gear
(specifically gear for longline mussel culture) found just 19 occurrences globally since 1982
(Price et al. 2016). It is notable that these examples were associated with offshore longline
operations in deep water habitat. By contrast, global annual entanglements and bycatch of
marine mammals within fishery gear (e.g., gill nets, trawl nets) numbers in the hundreds of
thousands (Read et al. 2006). Given the lack of potential for overlap with SRKW critical habitat
and lack of gear that could result in entanglement, the expected effects to SRKW by the
proposed Project is considered to be negligible.
Other Marine Mammals
Potential for entanglement impacts of other marine mammals is consistent with the analysis
provided above for SRKW. While some species more commonly use shallow waters (e.g.,
harbor seals, sea lions), the potential for entanglement is still considered to be negligible. The
few documented occurrences of entanglement within shellfish aquaculture gear are limited to
offshore, longline operations within deep waters (Price et al. 2016). Intertidal racks with SEAPA
baskets do not pose an entanglement risk to marine mammals. In addition, the proposed Project
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will not affect the haulout area, which are located approximately 2.5 miles to the southwest.
Overall, the proposed Project will not affect other marine mammals or their habitat.
6.3.4 Summary of Effects to Fish and Wildlife Habitat
The proposed Project is located away from upper shoreline areas, although there is potential
overlap with nearshore habitat used by smaller fish such as chum salmon and juvenile
salmonids. Rock Island Shellfish will use conservation measures and BMPs to avoid and
minimize impacts to fish such as maintaining gear and using 16.5-foot buffers from SAV. If
there are interactions, the literature supports a conclusion that shellfish activities would result
in a minor negative effect (i.e., likely avoidance) but also positive effects from the potential to
increase prey items that are important to fish.
Birds use intertidal habitats, like North Hood Canal, but the proposed location of the Project is
located far away from nesting habitat. Based on existing literature, there is the potential for
minor adverse behavior impacts to foraging through disturbance (e.g., noise) related to farm
activities. However, these short-term disturbances are within the range that birds can handle,
are far away from sensitive areas such as nesting habitat, and do not exceed behavioral
thresholds that would result in adverse impacts to bird populations.
The primary impact mechanism identified by the Corps (85 FR 57332) of shellfish aquaculture
activities on marine mammals is entanglement. However, there is no potential mechanism for
entanglement with the proposed gear (i.e., racks) associated with the Project.
6.4 Invertebrates
Based on full build-out, the SEAPA basket culture will use frames for SEAPA baskets, which
would result in approximately 2 acres of benthic habitat. Rumrill and Poulton (2004)
investigated differences in the benthic invertebrate community between oyster longline culture
beds, eelgrass control plots, and eelgrass reference sites in Humboldt Bay, California. Results of
the study showed that invertebrate biomass was highest in the oyster longline culture beds and
lowest in some of the eelgrass reference sites.
The composition of invertebrate communities was also not significantly different between the
oyster longline culture beds and eelgrass control plots in the Rumrill and Poulton (2004) study
(Figure 9). This study provides evidence that oyster longline aquaculture in eelgrass habitat
does not significantly change the species composition compared to eelgrass habitat. This same
conclusion was also noted in Dumbauld et al. (2009), indicating that the similarity of benthic
infaunal abundance in the culture beds compared to eelgrass plots: “may have arisen not
simply due to flow dispersing biodeposits, but because both aquaculture and control areas
included eelgrass, which has characteristic effects on sediment.” In other words, the presence of
eelgrass was the primary determinant in benthic invertebrate abundance and not the added
structure related to the longline gear.
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Figure 9. Percent biomass of benthic invertebrates in Humboldt Bay, California.
Source: Rumrill and Poulton 2004
A study in Chesapeake Bay, Virginia, looked at benthic invertebrates as an indication of
ecological health associated with floating and on-bottom culture gear (Kellogg et al. 2018). The
study found no significant negative impacts on the benthic invertebrate community structure
from the presence of gear or oysters, and number of invertebrates inside the farm sites were
higher compared to outside.
Finally, two partner studies – a study within three estuaries along the West Coast (Hudson et al.
2018) and a study in Humboldt Bay, California (Confluence et al. 2019) – looked at invertebrate
assemblages inside and outside of oyster longlines. Hudson et al (2018) evaluated invertebrate
communities across a gradient from oyster longline aquaculture through edge habitats to
eelgrass habitats. Overall, eelgrass had higher total densities of benthic invertebrates compared
to oyster culture beds. Confluence et al. (2019) expanded upon the conclusions of Hudson et al.
(2018) within Humboldt Bay. Benthic invertebrate taxa abundance was analyzed by habitat pair
and season. The results suggested that there were not significant differences in mean number of
taxa, with and without aquaculture for eelgrass habitat (Figure 10). In the winter, there was
slightly higher total taxa in areas without aquaculture, but this relationship was not significant.
There were larger differences in mean number of taxa within habitat pairs for mudflat habitat,
with higher numbers of taxa sampled from areas with aquaculture compared to areas without
aquaculture. This information suggests that longline aquaculture potentially has positive
changes associated with the addition of gear in mudflat habitat and limited changes for eelgrass
habitat. The overall functions of habitat with and without gear are maintained for the benthic
invertebrate communities.
Overall, the literature supports the conclusion that shellfish aquaculture and gear provide
similar foraging habitat and species composition as found in other structured environments
(e.g., eelgrass), and may provide more benthic invertebrates and epibenthic invertebrates
compared to mudflat habitat because of the additional surface area for colonization by
organisms. This conclusion is consistent with NMFS (2016), which stated that: “studies suggest
that the forage-related impacts of disturbance to and suppression of eelgrass resulting from
0%10%20%30%40%50%60%70%80%90%100%
Zostera marina Reference Sites
Oyster
Zostera marina
Malocostraca Oligochaeta Polychaeta
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shellfish culture have very limited impacts on forage, because managed shellfish sites are
themselves inhabited by forage species.”
Figure 10. Invertebrate taxa encountered with each habitat pair by season.
Source: Confluence et al. 2019
6.5 Kelp and Eelgrass Beds
SAV is important as both food and critical habitat for salmonids. Floating structures can
adversely affect primary production for SAV in the area shaded by solid structures. Shading can
negatively impact seagrass biomass, density, and growth (Shafer 2002). The Project works to
avoid eelgrass beds using a 16.5-foot buffer from existing eelgrass resources. This buffer is
based on a conservation measure identified in the programmatic consultation (Corps 2015) and
a buffer distance from eelgrass and kelp identified under JCC 18.22.630(5)(b)(iii) with buffer
reduction identified under JCC 18.22.640(1)(b). Effects reviewed by the federal resource
agencies to determine an appropriate buffer distance included activities such as mechanical
harvest of shellfish and disturbance of sediment that are not part of the proposed Project. There
is only a nominal amount of sedimentation anticipated from the proposed shellfish aquaculture
gear, as described in Section 6.2 above. The proposed Project site will also not affect existing
macroalgae in North Hood Canal and provides additional surfaces for attachment of
macroalgae and kelp holdfasts.
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Overall, there would be no effects to SAV from the proposed Project because of the avoidance
measure of using 16.5-foot buffers between proposed shellfish aquaculture gear and mapped
native eelgrass areas based on the MSA (2023) survey.
6.6 Navigation and Public Use
Shellfish farming is subject to federal, state, and local safety laws and regulations, including
compliance with Washington Department of Labor and Industries and U.S. Coast Guard
requirements. Generally, intertidal shellfish farming activities avoid impacts to navigation. Per
U.S. Coast Guard aids to navigation requirements (33 CFR Parts 62 and 66), intertidal
aquaculture facilities require buoys to warn mariners of potential navigational hazards. Farm
equipment is made of durable materials suitable for use in the marine environment and is
properly secured, maintained, and regularly inspected by farm crews.
The farm is also located in areas that are not frequented by the public either in terms of beach
combing in the upper intertidal or by boats in the shallow intertidal. Proposed farm elevations
ranges from +4 feet to -4.2 feet MLLW. Major navigational routes are located outside of shellfish
aquaculture farms, and occur primarily in North Sound. Avoidance and minimization measures
are used to avoid potential conflicts. These include buoys, channel and bed corner markers, and
responsible use of farm areas in terms of placement and orientation of gear. There are additional
ancillary benefits from the presence of shellfish aquaculture operations within a region,
including boater assistance, shellfish seed for private or community use, beach cleanups, and
donated materials or land for restoration efforts. Rock Island Shellfish is highly incentivized to
avoid conflicts with navigational and recreational activities since there are also negative
consequences to their gear and shellfish products should conflicts occur.
6.7 No Net Loss and Cumulative Impacts
Shellfish aquaculture is a preferred, water-dependent use of Jefferson County shorelines (JCC
18.25.440). The County should support aquaculture uses that:
Protect and improve water quality;
Minimize damage to important nearshore habitats;
Minimize interference with navigation and normal public use of surface waters; and
Minimize the potential for cumulative adverse impacts, such as those resulting from in-
water structures/apparatus/equipment, land-based facilities, and substrate
disturbance/modification (including rate, frequency, and spatial extent).
The information above provides an understanding of how the Project will protect and improve
water quality, minimize damage to important nearshore habitats, and minimize interference
with navigation and public use of surface waters. The information below will provide
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additional information related to minimization of cumulative adverse impacts and a no net loss
analysis.
6.7.1 Hood Canal Shellfish Aquaculture
Shellfish farming in Washington State began in the late 1800s and primarily depended on
natural set of Olympia oysters (Waller 2013; WSG 2015). Several laws from the late 1800s to the
present have been used to encourage the development of the shellfish industry, including
purchase of tidelands specifically for the development of culture activities. These laws (Session
Laws, first State Legislature) allowed for up to 80 acres of tidelands to be purchased for oyster
culture.
In 1895, the Bush and Callow Acts were made into law (DNR 2024b). These acts allowed for sale
of state-owned tidelands into private ownership with the goal of increasing shellfish
aquaculture in Washington State. Many ongoing farms were from this original push to increase
oyster culture through the Bush and Callow Acts. Historical methods developed to raise Pacific
oysters resulted in the creation of predecessors for many of the existing shellfish companies in
Washington State.
There are approximately 1,351 acres of continuing 3 shellfish aquaculture in Hood Canal based
on values presented in the Corps (2015) PBA. Intertidal culture in Hood Canal includes up to
12% of available intertidal areas (a total of 9,951 acre), including fallow culture areas. Most of
the culture activities are in the North Hood Canal region with mostly on-bottom culture
methods, in-substrate Manila clam culture, and a small amount of near-bottom culture. The
Corps (2015) also estimated reasonably foreseeable commercial shellfish aquaculture activities,
or new 4 culture, as 438 acres in Hood Canal. The proposed Project is included in this “new”
culture estimate already assessed by the Corps (2015), notwithstanding that the Project is within
an historic shellfish farming location, due to apparent lack of coordination between the prior
operator and the Corps.
6.7.2 Water Quality
Shellfish aquaculture is recognized for both positive and negative effects on water quality. Most
of Hood Canal is considered approved for shellfish harvest activities by WDOH (WDOH
2024a), indicating good water quality conditions. There are prohibited sections at Port Ludlow,
3 “Continuing” is defined by the Corps (2007) as “Commercial shellfish activity that had been granted a
permit, license, or lease from a state or local agency specifically authorizing commercial shellfish
activities and which were occurring within a defined footprint prior to March 15, 2007. Acreage total
includes both cultivated and fallow acreage for previously permitting projects and pending applications.”
4 “New” is defined by the Corps (2007) as “Commercial shellfish activity that was undertaken after
March 15, 2007. Acreage total includes projects previously permitted by the Corps with completed
individual ESA consultation, pending applications, and estimates of future applications.”
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Hoodsport, Lynch Cove, and estuaries of small tributaries, but no prohibited areas occur near
the Project site. Even in areas like the southern arm of Hood Canal, where there is also shellfish
aquaculture, there have been no reports or analyses to date that indicate shellfish aquaculture in
these areas is causing problems with respect to water quality. Shellfish growers are also heavily
involved in water quality projects, which creates lasting improvements such as reducing the
potential for eutrophication within an estuary. There are several avoidance and minimization
measures identified in the PBA (Corps 2015) used to improve and maintain water quality within
Washington state. Cumulative impacts to water quality, when combined with impacts from
past, present, and reasonably foreseeable projects and actions, would result in minor impacts
within Hood Canal. There would not be a net loss of ecological functions associated with water
quality impacts, and in fact there may be a net benefit to water quality
6.7.3 Sediment Quality
Nearshore habitats throughout Washington are influenced by historic glaciation and substrate
materials are a product of the glacial outwash during the ice age. Beaches and intertidal areas
used for shellfish aquaculture are not static systems; they are dynamic with ongoing erosion,
transport, and deposition of sediments. While on-bottom shellfish aquaculture activities are not
proposed for Rock Island’s project, they do occur elsewhere in Hood Canal and may disturb
surface sediments to a depth of several inches for most cultured clam species or a few feet for
geoduck, these disturbances are short-term and temporary. Studies have reported a small
percentage of fine materials transported by waves and currents after a harvest event, but the
sands and larger materials will typically be transported within only a short distance from the
harvest location (Short and Walton 1992; Liu et al. 2015). Sandy substrates or areas that have
been slightly enhanced with gravel or shell can recover faster compared to areas with fine
substrates. Changes from adding gear are minor and well within the range of natural changes
experienced by the system (e.g., sediment movement within Hood Canal from the large rivers
that drain into the system). In addition, there are several avoidance and minimization measures
identified in the PBA (Corps 2015) used to maintain sediment quality within Washington state.
Cumulative impacts to sediment quality, when combined with impacts from past, present, and
reasonably foreseeable projects and actions, would result in minor impacts within Hood Canal
and this Project itself would not result in a net loss of ecological functions.
6.7.4 Fish and Wildlife
The nearshore waters of Hood Canal support a diverse community of fish and wildlife,
including ESA-listed species, forage fish, marine seabird communities, and marine mammals.
Designated critical habitat for rockfish, Puget Sound Chinook salmon, Hood Canal summer-run
chum salmon, bull trout, Puget Sound steelhead, and SRKW occurs in Hood Canal. The Great
Bend in the southern portion of Hood Canal is noted as a state IBA, and over 273 bird taxa have
been documented in the southern portion of Hood Canal (Pacific Flyway Council 2018). Deeper
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portions of Hood Canal are habitat for SRKW and other whales, but more common marine
mammals in intertidal areas include harbor seals.
Although shellfish aquaculture activities can be described as a short-term disturbance, the
overall impact to fish present in the area varies on the type of fish, location in the water column,
and habitat changes that result from the addition of shellfish aquaculture gear or products.
Impacts to migration are not expected to be significant for species present. There is some
overlap with forage fish spawning areas and shellfish aquaculture locations in Hood Canal
(WDFW 2024e), but these are relatively limited and there are conservation measures used to
avoid or minimize potential impacts (Corps 2015). Conservation measures and standard
practices limit shellfish aquaculture impacts on eelgrass and salmonid use of eelgrass,
specifically to protect Hood Canal chum salmon. For example, the Project will use a 16.5-foot
buffer from eelgrass to avoid impacts. Other conservation measures are used to avoid or
minimize impacts to fish and wildlife (Corps 2015), which will be adhered to by Rock Island
Shellfish. Finally, SEAPA baskets do not represent an entanglement concern for marine
mammals. Overall, noise, entanglement, or foraging impacts to fish and wildlife are considered
to be temporary, infrequent and/or rare, and minimal in light of avoidance and minimization
measures. Cumulative impacts to fish and wildlife, when combined with impacts from past,
present, and reasonably foreseeable projects and actions, would result in minor impacts within
Hood Canal and this Project itself would not result in a net loss of ecological functions.
6.7.5 Invertebrates
Invertebrate communities are used as a measure of ecological health within a system. Shellfish
aquaculture operations affect invertebrate communities in both negative and positive ways.
Most literature indicates that, while there are changes to communities, these changes are
considered to be temporary negative changes (i.e., pulse disturbance with a short-term
recovery) and longer positive changes in terms of the functions that are provided to higher
organisms (e.g., prey for fish and wildlife) (Kaiser et al. 1998; Ferns et al. 2000; Hosack et al.
2006; Ferraro and Cole 2007, 2011, 2012; Dumbauld et al. 2009; Kellogg et al. 2018). These
positive changes may also include increased species diversity and species abundance as
compared with similar habitats without shellfish aquaculture. The literature supports the
conclusion that shellfish aquaculture and gear provide similar foraging habitat and species
composition as found in other structured environments (e.g., eelgrass), and may provide more
benthic invertebrates and epibenthic invertebrates compared to mudflat habitat because of the
addition of surface area for colonization by organisms. This conclusion is consistent with NMFS
(2016) and USFWS (2016) related to shellfish aquaculture activities in Washington State.
Cumulative impacts to invertebrates, when combined with impacts from past, present, and
reasonably foreseeable projects and actions, would result in minor impacts within Hood Canal
and this Project itself would not result in a net loss of ecological functions.
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6.7.6 Kelp and Eelgrass
There are 16 marine protected areas, wetlands, mudflats, and SAV areas in Hood Canal (Van
Cleve et al. 2009). Estuarine wetlands have increased by 3%, but oligohaline transitional
wetlands have decreased compared to historical values; mostly due to road density (Simenstad
et al. 2011). Eelgrass and mudflats overlap with existing shellfish aquaculture operations in
Hood Canal, but these areas recover quickly based on the dynamic intertidal environment.
Eelgrass may have short-term impacts from shellfish aquaculture operations, but the overall
distribution of eelgrass in Hood Canal is stable or even increasing (Christiaen et al. 2017). As
noted above, conservation measures such as a 16.5-foot buffer from eelgrass identified in the
Corps (2015) PBA provides appropriate avoidance and minimization measures for SAV areas.
Cumulative impacts to kelp and eelgrass, when combined with impacts from past, present, and
reasonably foreseeable projects and actions, would result in minor impacts within Hood Canal
and this Project itself would not result in a net loss of ecological functions.
6.7.7 Navigation and Public Use
Navigation and recreation in regions with shellfish aquaculture operations are not mutually
exclusive. Hood Canal is a relatively deep body of water (88% subtidal), but shellfish
aquaculture is predominantly located in shallow, intertidal areas. There are several public
access points through state and local parks, marinas, and resorts (Ecology 2024b). However,
there are no examples of navigational conflicts, even with the U.S. Navy vessels in the northern
end. Ensuring communication about culture bed locations and channels helps to minimize
potential adverse interactions. Conservation measures, low-profile gear, and responsible
farming effectively avoid and minimize potential conflicts. Cumulative impacts to navigation
and public use, when combined with impacts from past, present, and reasonably foreseeable
projects and actions, would result in minor impacts within Hood Canal and this Project itself
would not result in a net loss of ecological functions.
6.7.8 Summary
The proposed Project is consistent with the policies of the Jefferson County SMP, incorporates
effective avoidance and minimization measures, and will result in a no net loss of ecological
functions. There are other shellfish activities in Hood Canal. There are no interactions with
these other activities for water quality, sediment quality, fish and wildlife habitat, invertebrates,
kelp and eelgrass, or navigation and public use that would result in cumulative impacts. While
there are minor impacts that can occur during shellfish aquaculture operations, these impacts
are well within the natural variability of the system and still maintain the natural functioning of
that system. Standard BMPs and the conservation measures in the Corps (2015) PBA, which the
Project will follow, help to avoid or minimize potential impacts, thereby eliminating the need
for further mitigation. Overall, the proposed Project in North Hood Canal would result in no
cumulative impacts and a no net loss of ecological functions.
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7.0 DETERMINATION OF EFFECT
The following is a determination of effect for each species presented in Table 1, their critical
habitat, and FWHCAs, if applicable. The determination is based on the information presented in
the effects analysis (Section 6.0).
The proposed action will not significantly affect the viability, persistence, or distribution of each
species presented in Table 1 or habitat present at the Project site. There may be temporary
avoidance during installation of the floating culture and future shellfish aquaculture operations
in North Hood Canal, but there are no anticipated reductions in numbers or quality of habitat
available. Overall, the proposed action is determined to have a minor or even no effect impact
(Table 3).
Table 3. Effects Determinations for Federal, State, or Locally Important or Listed Species
Species Determination
of Effect Basis of Determination
ESA-Listed Fish
Bull trout
(PS/Coastal DPS) Discountable Unlikely to occur in Project site; discountable exposure.
Otherwise, similar potential effects as for salmonids.
Chinook salmon
(PS ESU)
Minor to
Discountable
There may be some short-term displacement during gear installation or
maintenance and operations.
Migration, foraging, or rearing habitat would not be substantially affected by the
proposed actions.
Water quality effects are anticipated to be of such a small magnitude and in such a
small area as to be considered discountable.
The Project is not anticipated to negatively affect forage fish species and may
have a beneficial effect to forage fish prey availability.
Chum salmon
(Hood Canal ESU)
Minor to
Discountable Same conclusions as for Chinook salmon.
Steelhead
(PS DPS)
Minor to
Discountable Same conclusions as for Chinook salmon.
Bocaccio
(PS/GB DPS)
Minor to
Discountable
Unlikely to occur in Project site; discountable exposure.
Otherwise, similar potential effects as for salmonids.
Yelloweye rockfish
(PS/GB DPS)
Minor to
Discountable
Unlikely to occur in Project site; discountable exposure.
Otherwise, similar potential effects as for salmonids.
Green sturgeon
(Southern DPS)
Minor to
Discountable
Unlikely to occur in Project site; discountable exposure.
Otherwise, similar potential effects as for salmonids.
Forage Fish
Surf smelt No Effect to
Discountable
No overlap with spawning areas.
Otherwise, similar potential effects as for salmonids.
Pacific sand lance No Effect to
Discountable
No overlap with spawning areas.
Otherwise, similar potential effects as for salmonids.
Pacific herring No Effect to
Discountable
No overlap with spawning areas.
Otherwise, similar potential effects as for salmonids.
Other Marine Fish
Coastal cutthroat
trout
Minor to
Discountable Same conclusions as for Chinook salmon.
Coho salmon Minor to
Discountable Same conclusions as for Chinook salmon.
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Species Determination of Effect Basis of Determination
Fall/summer chum
salmon
Minor to
Discountable
Same conclusions as for Chinook salmon.
Fall Chinook
salmon
Minor to
Discountable
Same conclusions as for Chinook salmon.
Winter steelhead Minor to
Discountable Same conclusions as for Chinook salmon.
Canary rockfish Minor to
Discountable
Unlikely to occur in Project site; discountable exposure.
Otherwise, similar potential effects as for salmonids.
Various rockfish Minor to
Discountable Same conclusions as for canary rockfish.
Birds
Marbled Murrelet
(WA/ OR/ CA DPS)
No Effect to
Discountable
Murrelets that use Hood Canal may be exposed to boat activity.
Exposure to activities will be short-term, intermittent, and low-intensity.
Disturbance by ongoing activities is unlikely to elicit more than a mild behavioral
response.
No effect to murrelet nesting, foraging, or migratory habitat is anticipated.
Great blue heron No Effect to
Discountable
Exposure to activities will be short-term, intermittent, and low-intensity.
Disturbance by ongoing activities is unlikely to elicit more than a mild behavioral
response.
No effect to great blue heron nesting, foraging, or migratory habitat is anticipated.
Various shorebird
species and eagles
No Effect to
Discountable
Exposure to activities will be short-term, intermittent, and low-intensity.
Disturbance by ongoing activities is unlikely to elicit more than a mild behavioral
response.
No effect to nesting, foraging, or migratory habitat is anticipated.
Marine Mammals
Southern resident
killer whale (SRKW)
No Effect to
Discountable
Boats will avoid approaching, if SRKW present.
In-water work will be delayed if SRKW present near the Project site.
No overlap with critical habitat.
No potential for entanglement
Harbor seal No Effect to
Discountable
Likely to avoid Project site when boats and/or workers are present.
Boats will avoid disturbing harbor seals in Project vicinity.
No overlap with haul out areas.
No potential for entanglement.
Invertebrates
Oyster beds No effect The SEAPA basket culture gear or operations would have no impact on oyster
beds within the intertidal zone.
North Hood Canal meets the definition of an FWHCA (JCC 18.22.610). The Project may have
minor to discountable effects to these species and their habitat. The effects of the Project are
largely short-term and localized. Long-term effects due to the presence of SEAPA basket gear
are expected to be limited and potentially beneficial for species that would utilize the gear as
resting or foraging habitat.
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Appendix A
Fish and Wildlife
Database Information
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Washington Fish And Wildlife Office
510 Desmond Drive Se, Suite 102
Lacey, WA 98503-1263
Phone: (360) 753-9440 Fax: (360) 753-9405
In Reply Refer To:
Project Code: 2024-0097918
Project Name: Rock Island Shellfish
Subject:List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
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evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws.gov/sites/default/files/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project-related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
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▪
Attachment(s):
Official Species List
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Washington Fish And Wildlife Office
510 Desmond Drive Se, Suite 102
Lacey, WA 98503-1263
(360) 753-9440
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PROJECT SUMMARY
Project Code:2024-0097918
Project Name:Rock Island Shellfish
Project Type:Aquaculture
Project Description:The Project is a proposal to continue shellfish farming activities on
private tidelands in North Hood Canal owned by Robert Carson, the
owner of Rock Island Shellfish Company, on Jefferson County parcel
numbers 965100009, 965100010, and 965100011. These tidelands have
been subject to commercial shellfish aquaculture since the 1950s using a
variety of on- and off-bottom cultivation methods. The purpose of the
Project is to grow oysters in intertidal waters using a near-bottom culture
system called SEAPA® baskets. The proposed Project involves
installation, maintenance, and operation of a SEAPA basket system in
North Hood Canal. SEAPA baskets will be stocked with seed oysters and
raised to full growth prior to harvesting and selling commercially.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@47.865839199999996,-122.63897102403662,14z
Counties:Jefferson County, Washington
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Project code: 2024-0097918 05/31/2024 16:25:32 UTC
5 of 7
1.
ENDANGERED SPECIES ACT SPECIES
There is a total of 6 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
1
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Project code: 2024-0097918 05/31/2024 16:25:32 UTC
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BIRDS
NAME STATUS
Marbled Murrelet Brachyramphus marmoratus
Population: U.S.A. (CA, OR, WA)
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/4467
Threatened
Yellow-billed Cuckoo Coccyzus americanus
Population: Western U.S. DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/3911
Threatened
REPTILES
NAME STATUS
Northwestern Pond Turtle Actinemys marmorata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1111
Proposed
Threatened
FISHES
NAME STATUS
Bull Trout Salvelinus confluentus
Population: U.S.A., coterminous, lower 48 states
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/8212
Threatened
Dolly Varden Salvelinus malma
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1008
Proposed
Similarity of
Appearance
(Threatened)
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Candidate
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
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IPAC USER CONTACT INFORMATION
Agency:Private Entity
Name:Marlene Meaders
Address:146 N Canal St.
City:Seattle
State:WA
Zip:98103
Email marlene.meaders@confenv.com
Phone:2067245781
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Critical Habitat Report
Area of Interest (AOI) Information
Area : 0.07 km²
May 31 2024 9:09:39 Pacific Daylight Time
5/31/24, 9:11 AM about:blank
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Summary
Name Count Area(km²)Length(m)
All Critical Habitat Polyline 0 N/A 0
All Critical Habitat Polygon 6 0.23 N/A
All Critical Habitat Polygon
#Scientific Name Common Name Listed Entity Area(km²)
1 Sebastes ruberrimus Rockfish, yelloweye Rockfish, yelloweye [Puget
Sound-Georgia Basin DPS]< 0.01
2 Orcinus orca Whale, killer Whale, killer [Southern
Resident DPS]0.02
3 Sebastes paucispinis Bocaccio Bocaccio [Puget Sound-
Georgia Basin DPS]0.07
4 Oncorhynchus tshawytscha Salmon, Chinook Salmon, Chinook [Puget Sound
ESU]0.07
5 Oncorhynchus keta Salmon, chum Salmon, chum [Hood Canal
summer-run ESU]0.07
5/31/24, 9:11 AM about:blank
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Chinook Salmon (Protected)
Chinook Salmon
(Protected)
Oncorhynchus tshawytscha
Protection Status
ESA ENDANGERED
Sacramento River winter-run
Upper Columbia River spring-run
ESA THREATENED
California coastal
Central Valley spring-run
Lower Columbia River
Puget Sound
5/31/24, 9:39 AM Chinook Salmon (Protected) | NOAA Fisheries
https://www.fisheries.noaa.gov/species/chinook-salmon-protected 1/21
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Snake River fall-run
Snake River spring/summer-run
Upper Willamette River
ESA EXPERIMENTAL POPULATION
Central Valley spring-run in the San Joaquin River
XN
Upper Columbia River spring-run in the Okanogan
River subbasin XN
Central Valley spring-run XN Shasta
Sacramento winter-run XN Shasta
Central Valley spring-run XN Yuba
ESA CANDIDATE
Upper Klamath-Trinity River
Oregon Coast
Southern Oregon and Northern California Coastal
Quick Facts
WEIGHT 40 pounds but can be up to 120
pounds
LENGTH 3 feet
LIFESPAN Up to 7 years, typically 3 to 4 years
THREATS Climate change, Commercial and
recreational fishing, Habitat
degradation, Habitat impediments
(dams), Habitat loss
REGION West Coast
5/31/24, 9:39 AM Chinook Salmon (Protected) | NOAA Fisheries
https://www.fisheries.noaa.gov/species/chinook-salmon-protected 2/21
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Chum Salmon (Protected)
Chum Salmon (Protected)
Oncorhynchus keta
Protection Status
ESA THREATENED
Columbia River ESU
Hood Canal summer-run ESU
Quick Facts
WEIGHT 8 to 15 pounds on average, but can
weight up to 45 pounds
LENGTH Up to 3.6 feet
5/31/24, 9:43 AM Chum Salmon (Protected) | NOAA Fisheries
https://www.fisheries.noaa.gov/species/chum-salmon-protected 1/11
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LIFESPAN About 4 years
THREATS Climate change, Commercial and
recreational fishing, Habitat
degradation, Habitat impediments
(dams), Habitat loss
REGION West Coast
Chum salmon. Credit: NOAA Fisheries
About the Species
5/31/24, 9:43 AM Chum Salmon (Protected) | NOAA Fisheries
https://www.fisheries.noaa.gov/species/chum-salmon-protected 2/11
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Steelhead Trout
Steelhead Trout
Oncorhynchus mykiss
Protection Status
ESA ENDANGERED
Southern California DPS
ESA THREATENED
California Central Valley DPS
Central California Coast DPS
Lower Columbia River DPS
Middle Columbia River
Northern California DPS
Puget Sound DPS
5/31/24, 9:40 AM Steelhead Trout | NOAA Fisheries
https://www.fisheries.noaa.gov/species/steelhead-trout 1/8
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Snake River Basin DPS
South-Central California Coast DPS
Upper Columbia River DPS
Upper Willamette River DPS
ESA EXPERIMENTAL POPULATION
Middle Columbia River XN
ESA CANDIDATE
Olympic Peninsula DPS
Quick Facts
WEIGHT Up to 55 pounds
LENGTH Up to 45 inches
LIFESPAN Up to 11 years
THREATS Climate change, Commercial and
recreational fishing, Habitat
degradation, Habitat impediments
(dams), Habitat loss
REGION Alaska, West Coast
5/31/24, 9:40 AM Steelhead Trout | NOAA Fisheries
https://www.fisheries.noaa.gov/species/steelhead-trout 2/8
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Bocaccio (Protected)
Bocaccio (Protected)
Sebastes paucispinis
Also Known As
Bocaccio, Rock Salmon, Salmon Rockfish, Pacific
Red Snapper, Pacific Snapper, Oregon Red
Snapper, Oregon Snapper, Longjaw, Merou, Jack,
Snapper, Rock Cod, Rockfish
Protection Status
ESA ENDANGERED
Puget Sound/Georgia Basin DPS
Quick Facts
5/31/24, 9:41 AM Bocaccio (Protected) | NOAA Fisheries
https://www.fisheries.noaa.gov/species/bocaccio-protected 1/16
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WEIGHT Up to 21 pounds
LENGTH Up to 3 feet
LIFESPAN Approximately 50 years
THREATS Bycatch, Derelict fishing gear,
Habitat degradation, Habitat loss,
Overfishing
REGION West Coast
About the Species
5/31/24, 9:41 AM Bocaccio (Protected) | NOAA Fisheries
https://www.fisheries.noaa.gov/species/bocaccio-protected 2/16
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Yelloweye Rockfish
Yelloweye Rockfish
Sebastes ruberrimus
Protection Status
ESA THREATENED
Puget Sound/ Georgia Basin DPS
Quick Facts
WEIGHT Up to 40 pounds
LENGTH Up to 3.5 feet
LIFESPAN Up to 150 years
5/31/24, 9:41 AM Yelloweye Rockfish | NOAA Fisheries
https://www.fisheries.noaa.gov/species/yelloweye-rockfish 1/17
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THREATS Bycatch, Derelict fishing gear,
Habitat degradation, Overfishing
REGION Alaska, West Coast
Yelloweye rockfish. Credit: Alaska Department of Fish and Game
About the Species
Yelloweye rockfish are among the longest lived of rockfishes, with maximum age reported to be up to
150 years. This species also is very slow growing and late to mature. Although conservation
measures like fishing bans have been put in place in Puget Sound, recovery from threats such as
5/31/24, 9:41 AM Yelloweye Rockfish | NOAA Fisheries
https://www.fisheries.noaa.gov/species/yelloweye-rockfish 2/17
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Green Sturgeon
Green Sturgeon
Acipenser medirostris
Protection Status
ESA THREATENED
Southern DPS
CITES APPENDIX II
Throughout Its Range
Quick Facts
WEIGHT Up to 350 pounds
5/31/24, 9:42 AM Green Sturgeon | NOAA Fisheries
https://www.fisheries.noaa.gov/species/green-sturgeon 1/20
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LENGTH Average 4.5 to 6.5 feet
LIFESPAN 60 to 70 years
THREATS Bycatch, Chemical contaminants,
Climate change, Habitat
degradation, Habitat impediments
(dams), Habitat loss
REGION Alaska, West Coast
Adult green sturgeon in Klamath River, CA. Credit: Thomas Dunklin
About the Species
5/31/24, 9:42 AM Green Sturgeon | NOAA Fisheries
https://www.fisheries.noaa.gov/species/green-sturgeon 2/20
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Killer Whale
Killer Whale
Orcinus orca
Also Known As
Orca
Protection Status
ESA ENDANGERED
Southern Resident DPS
MMPA PROTECTED
Throughout its Range
MMPA DEPLETED
AT1 Transient stock
5/31/24, 9:44 AM Killer Whale | NOAA Fisheries
https://www.fisheries.noaa.gov/species/killer-whale 1/36
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CITES APPENDIX II
Throughout its Range
SPAW ANNEX II
Throughout the Wider Caribbean Region
Quick Facts
WEIGHT Up to 11 tons
LENGTH Up to 32 feet
LIFESPAN 30 to 90 years
THREATS Chemical contaminants,
Disturbance from vessel traffic and
noise, Entanglement in fishing gear,
Food limitations, Oil spills
REGION Alaska, New England/Mid-Atlantic,
Pacific Islands, Southeast, West
Coast
5/31/24, 9:44 AM Killer Whale | NOAA Fisheries
https://www.fisheries.noaa.gov/species/killer-whale 2/36
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PHS Species/Habitats Overview:
Occurence Name Federal Status State Status Sensitive Location
Oyster Beds N/A N/A No
Estuarine and Marine Wetland N/A N/A No
Priority Habitats and Species on the Web
Buffer radius: 500 Feet
Report Date: 05/31/2024
PHS Species/Habitats Details:
5/31/24, 9:28 AM PHS Report
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Oyster Beds
Priority Area Presence
Site Name Not Given
Accuracy NA
Notes Not Given
Source Dataset Shellfish_Summary
Source Name Not Given
Source Entity WDFW
Federal Status N/A
State Status N/A
PHS Listing Status PHS Listed Occurrence
Sensitive N
SGCN N
Display Resolution AS MAPPED
Geometry Type Polygons
5/31/24, 9:28 AM PHS Report
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Estuarine and Marine Wetland
Priority Area Aquatic Habitat
Site Name N/A
Accuracy NA
Notes Wetland System: Estuarine and Marine Wetland - NWI Code:
E2USN
Source Dataset NWIWetlands
Source Name Not Given
Source Entity US Fish and Wildlife Service
Federal Status N/A
State Status N/A
PHS Listing Status PHS Listed Occurrence
Sensitive N
SGCN N
Display Resolution AS MAPPED
ManagementRecommendations http://www.ecy.wa.gov/programs/sea/wetlands/bas/index.html
Geometry Type Polygons
DISCLAIMER. This report includes information that the Washington Department of Fish and Wildlife (WDFW) maintains in a central computer database. It is not an attempt to provide you
with an official agency response as to the impacts of your project on fish and wildlife. This information only documents the location of fish and wildlife resources to the best of our knowledge.
It is not a complete inventory and it is important to note that fish and wildlife resources may occur in areas not currently known to WDFW biologists, or in areas for which comprehensive
surveys have not been conducted. Site specific surveys are frequently necesssary to rule out the presence of priority resources. Locations of fish and wildlife resources are subject to
variation caused by disturbance, changes in season and weather, and other factors. WDFW does not recommend using reports more than six months old.
5/31/24, 9:28 AM PHS Report
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Maxar | Washington Department of Natural Resources Aquatics Division | These data were collected by WDFW staff with contributions from the North
Olympic Salmon Coalition and the Friends of the San Juans. | Washington Department of Fish and Wildlife | County of Kitsap, Esri, HERE, Garmin
Forage Fish Spawning Map - Washington State
This map displays sand lance, smelt, herring spawning areas, herring pre-spawner holding areas, and the forage fish
spawning survey beaches in Washington State.
ForageFishSpawningData
Sand Lance Spawning
Smelt Spawning
Herring Spawning
Pre-spawner Herrring
Holding Areas
WADNR Aquatic Reserves
Forage Fish Survey Data
Sand Lance Spawning
Smelt Spawning
0.4mi
5/31/24, 9:37 AM Forage Fish Spawning Map - Washington State
https://wdfw.maps.arcgis.com/home/webmap/print.html 1/1
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Rock Island Fish Migration
County of Kitsap, Island County, Bureau of Land Management, Esri Canada,
Esri, HERE, Garmin, INCREMENT P, USGS, METI/NASA, EPA, USDA,
WDFW
All SalmonScape Species
May 31, 2024
0 0.4 0.80.2 mi
0 0.65 1.30.33 km
1:36,112
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1
Enclosure 1: Conservation Measures and applicable terms and conditions from the
Programmatic Biological Opinions for Shellfish Activities in Washington State Inland
Marine Waters (U.S. Fish and Wildlife Service (USFWS) Reference Number 01EWFW00-
2016-F-0121, National Marine Fisheries Service (NMFS) Reference Number WCR-2014-
1502).
1. Gravel and shell shall be washed prior to use for substrate enhancement (e.g., frosting,
shellfish bed restoration) and applied in minimal amounts using methods which result in less
than 1 inch depth on the substrate annually. Shell material shall be procured from clean sources
that do not deplete the existing supply of shell bottom. Shells shall be cleaned or left on dry land
for a minimum of one month, or both, before placement in the marine environment. Shells from
the local area shall be used whenever possible. Shell or gravel material shall not be placed so that
it creates piles on the substrate. Use of a split-hull (e.g., hopper-type) barge to place material is
prohibited.
2. The placement of gravel or shell directly into the water column (i.e., graveling or frosting)
shall not be conducted between February 1 and March 15 in designated critical habitat for Hood
Canal summer chum salmon.
3. For ‘new 1 ’ activities only, gravel or shell material shall not be applied to enhance substrate
for shellfish activities where native eelgrass (Zostera marina) or kelp (rooted/attached brown
algae in the order Laminariales) is present.
4. Turbidity resulting from oyster dredge harvest shall be minimized by adjusting dredge bags to
“skim” the surface of the substrate during harvest.
5. Unsuitable material (e.g., trash, debris, car bodies, asphalt, tires) shall not be discharged or
used as fill (e.g., used to secure nets, create nurseries, etc.).
6. For ‘new’ activities only, shellfish activities (e.g., racks, stakes, tubes, nets, bags, long-lines,
on bottom cultivation) shall not occur within 16 horizontal feet of native eelgrass (Zostera
marina) or kelp (rooted/attached brown algae in the order Laminariales). If eelgrass is present in
the vicinity of an area new to shellfish activities, the eelgrass shall be delineated 2 and a map or
sketch prepared and submitted to the Corps. Surveys to determine presence and location of
eelgrass shall be done during times of peak above-ground biomass: June 1 – September 30. The
following information must be included to scale: parcel boundaries, eelgrass locations and on-
site dimensions, shellfish activity locations and dimensions.
7. For ‘new’ activities only, activities shall not occur above the tidal elevation of +7 feet
(MLLW) if the area is listed as documented surf smelt (Hypomesus pretiosus) spawning habitat
1 ‘New’ activities are those activities that were initiated after 18 March 2007. Expansion of activities into a new
geographic footprint that had not previously been in commercial aquaculture is treated as a new footprint for the
purpose of this programmatic ESA.
2 For guidance see Corps’ Seattle District Components of a Complete Eelgrass Delineation and Characterization
Report (May 2016).
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2
by WDFW. A map showing the location of documented surf smelt spawning habitat is available
at the WDFW website.
8. For ‘new’ activities only, activities shall not occur above the tidal elevation of +5 feet
(MLLW) if the area is documented as Pacific sand lance (Ammodytes hexapterus) spawning
habitat by the WDFW. A map showing the location of documented Pacific sand lance spawning
habitat is available at the WDFW website.
9. If conducting 1) mechanical dredge harvesting, 2) raking, 3) harrowing, 4) tilling, leveling or
other bed preparation activities, 5) frosting or applying gravel or shell on beds, or 6) removing
equipment or material (nets, tubes, bags) within a documented or potential spawning area for
Pacific herring (Clupea pallasi) outside the approved work window 3, the work area shall be
surveyed for the presence of herring spawn prior to the activity occurring. Vegetation, substrate,
and materials (nets, tubes, etc.) shall be inspected. If herring spawn is present, these activities are
prohibited in the areas where spawning has occurred until such time as the eggs have hatched
and herring spawn is no longer present. A record shall be maintained of spawn surveys including
the date and time of surveys; the area, materials, and equipment surveyed; results of the survey,
etc. The Corps and the Services shall be notified if spawn is detected during a survey. The record
of spawn surveys shall be made available upon request to the Corps and the Services.
10. For ‘new’ activities only, activities occurring in or adjacent to potential spawning habitat for
sand lance, or surf smelt shall have a spawn survey completed in the work area by an approved
biologist 4 prior to undertaking bed preparation, maintenance, and harvest activities if work will
occur outside approved work windows3 for these species. If eggs are present, these activities are
prohibited in the areas where spawning has occurred until such time as the eggs have hatched
and spawn is no longer present. If eggs are not present, work can occur for two weeks. After two
weeks, a new forage fish spawn survey shall be completed if still outside the approved work
windows. A record shall be maintained of spawn surveys including the date and time of surveys;
the area, materials, and equipment surveyed; results of the survey, etc. The Corps and the
Services shall be notified if spawn is detected during a survey. The record of spawn surveys shall
be made available upon request to the Corps and the Services.
11. All shellfish gear (e.g., socks, bags, racks, marker stakes, rebar, nets, and tubes) that is not
immediately needed or is not firmly secured to the substrate will be moved to a storage area
landward of MHHW prior to the next high tide. Gear that is firmly secured to the substrate may
remain on the tidelands for a consecutive period of time up to 7 days. Note: This is not meant to
apply to the wet storage of harvested shellfish.
12. All pump intakes (e.g., for washing down gear) that use seawater shall be screened in
accordance with NMFS and WDFW criteria. Note: This does not apply to work boat motor
intakes (jet pumps) or through-hull intakes.
13. Land vehicles (e.g., all-terrain, trucks) shall be washed in an upland area such that wash
water is not allowed to enter any stream, waterbody, or wetland. Wash water shall be disposed of
3 See Seattle District website for work window http://www.nws.usace.army.mil/Missions/Civil-Works/Regulatory/
4 For information on how to become an “approved biologist” for conducting forage fish surveys contact WDFW
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3
upland in a location where all water is infiltrated into the ground (i.e., no flow into a waterbody
or wetland).
14. Land vehicles shall be stored, fueled, and maintained in a vehicle staging area located 150
feet or more from any stream, waterbody, or wetland. Where this is not possible, documentation
must be provided to the Corps as to why compliance is not possible, written approval from the
Corps must be obtained, and the operators shall have a spill prevention plan and maintain a
readily-available spill prevention and clean-up kit.
15. For boats and other gas-powered vehicles or power equipment that cannot be fueled in a
staging area 150 feet away from a waterbody or at a fuel dock, fuels shall be transferred in
Environmental Protection Agency (EPA)-compliant portable fuel containers during refilling. A
polypropylene pad or other appropriate spill protection and a funnel or spill-proof spout shall be
used when refueling to prevent possible contamination of waters. A spill kit shall be available
and used in the event of a spill. All spills shall be reported to the Washington Emergency
Management Office at (800) 258-5990. All waste oil or other clean-up materials contaminated
with petroleum products will be properly disposed of off-site.
16. All vehicles operated within 150 feet of any stream, waterbody, or wetland shall be inspected
daily for fluid leaks before leaving the vehicle staging area. Any leaks detected shall be repaired
in the vehicle staging area before the vehicle resumes operation and the leak and repair
documented in a record that is available for review on request by the Corps and Services.
17. The direct or indirect contact of toxic compounds including creosote, wood preservatives,
paint, etc. within the marine environment shall be prevented. [This does not apply to boats]
18. All tubes, mesh bags and area nets shall be clearly, indelibly, and permanently marked to
identify the permittee name and contact information (e.g., telephone number, email address,
mailing address). On the nets, identification markers shall be placed with a minimum of one
identification marker for each 50 feet of net.
19. All equipment and gear including anti-predator nets, stakes, and tubes shall be tightly secured
to prevent them from breaking free.
20. All foam material (whether used for floatation of for any other purpose) must be
encapsulated within a shell that prevents breakup or loss of foam material into the water and is
not readily subject to damage by ultraviolet radiation or abrasion. Un-encapsulated foam material
used for current on-going activities shall be removed or replaced with the encapsulated type.
21. Tires shall not be used as part of above and below structures or where tires could potentially
come in contact with the water (e.g., floatation, fenders, hinges). Tires used for floatation
currently shall be replaced with inert or encapsulated materials, such as plastic or encased foam,
during maintenance or repair of the structure.
22. At least once every three months, beaches in the project vicinity will be patrolled by crews
who will retrieve debris (e.g., anti-predator nets, bags, stakes, disks, tubes) that escape from the
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4
project area. Within the project vicinity, locations will be identified where debris tends to
accumulate due to wave, current, or wind action, and after weather events these locations shall be
patrolled by crews who will remove and dispose of shellfish related debris appropriately. A
record shall be maintained with the following information and the record will be made available
upon request to the Corps, NMFS, and USFWS: date of patrol, location of areas patrolled,
description of the type and amount of retrieved debris, other pertinent information.
23. When performing other activities on-site, the grower shall routinely inspect for and document
any fish or wildlife found entangled in nets or other shellfish equipment. In the event that fish,
bird, or mammal is found entangled, the grower shall: 1) provide immediate notice (within 24
hours) to WDFW (all species), USFWS/NMFS (all species) or Marine Mammal Stranding
Network (marine mammals), 2) attempt to release the individual(s) without harm, and 3) provide
a written and photographic record of the event, including dates, species identification, number of
individuals, and final disposition, to the Corps and Services. Contact the U.S. Fish and Wildlife
Service Law Enforcement Office at (425) 883-8122 with any questions about the preservation of
specimens.
25. Vehicles (e.g., ATVs, tractors) shall not be used within native eelgrass (Zostera marina). If
there is no other alternative for site access, a plan will be developed describing specific measures
and/or best management practices that will be undertaken to minimize negative effects to
eelgrass from vehicle operation. The access plan shall include the following components: (a)
frequency of access at each location, (b) use of only the minimum vehicles needed to conduct the
work and a description of the minimum number of vehicles needed at each visit, and (c)
consistency in anchoring/grounding in the same location and/or traveling on the same path to
restrict eelgrass disturbance to a very small footprint.
26. Vessels shall not ground or anchor in native eelgrass (Zostera marina) or kelp
(rooted/attached brown algae in the order Laminariales) and paths through native eelgrass or
kelp shall not be established. If there is no other access to the site or the special condition cannot
be met due to human safety considerations, a site-specific plan shall be developed describing
specific measures and/or best management practices that will be undertaken to minimize
negative effects to eelgrass and kelp from vessel operation and accessing the shellfish areas. The
access plan shall include the following components: (a) frequency of access at each location, (b)
use of only the minimum number of boats and/or crew members needed to conduct the work and
a description of the minimum number of boats and crewmembers needed at each visit, and (c)
consistency in disturbance to a very small footprint.
27. Unless prohibited by substrate or other specific site conditions, floats and rafts shall use
embedded anchors and midline floats to prevent dragging of anchors or lines. Floats and rafts
that are not in compliance with this standard shall be updated to meet this standard during
scheduled maintenance, repair, or replacement or before the end of the term of the next renewed
authorization. [Any alternative to using an embedded anchor must be approved by the NMFS.]
28. Activities that are directly associated with shellfish activities (e.g., access roads, wet storage)
shall not result in removal of native riparian vegetation extending landward 150 feet horizontally
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5
from MHHW (includes both wetland and upland vegetation) and disturbance shall be limited to
the minimum necessary to access or engage in shellfish activities.
29. Native salt marsh vegetation shall not be removed and disturbance shall be limited to the
minimum necessary to access or engage in shellfish activities.
30. Ensure clam and other shellfish cover nets are secured to the extent practicable. If fish are
entangled, record and report species, time, and location of entanglement. Collected specimens of
fish entangled shall be preserved in a freezer, and reporting shall be to the NMFS’ Lacey Office
in order to determine appropriate steps to ascertain the entangled species. Contact the NMFS
Central Puget Sound Branch Chief by telephone or email.
31. Only oyster long lines (with flip bags ok) spaced laterally at 10 feet intervals shall be used in
fallow 5 areas that have been colonized by eelgrass in greater Puget Sound and Hood Canal.
Flip bags must be suspended above the substrate so they do not rest on substrate at low tide. No
other culture methods shall be used in fallow areas colonized by eelgrass. Further, with the
exception of mechanical longline harvest, no mechanized activities shall occur in fallow areas
colonized by eelgrass. This Term and Condition does not apply to fallow areas in Willapa Bay or
Grays Harbor.
32. In Hood Canal summer-run chum salmon designated critical habitat 6: Between February 1
and April 30, shellfish planting and harvesting shall not occur within 15 feet waterward of the
waterline (tideline) to protect juvenile chum salmon. In addition, shellfish activities which
increase turbidity in the nearshore water (e.g., geoduck harvest) shall not occur at all during this
timeframe
5 Fallow refers to areas that are periodically allowed to lie fallow as part of normal operations.
6 Critical habitat for Hood Canal summer-run chum salmon occur in Hood Canal and the Strait of Juan de Fuca
marine areas in Clallam, Jefferson, Kitsap, and Mason Counties. Exact locations and excluded areas are described
at: http://www.westcoast.fisheries.noaa.gov/publications/frn/2005/70fr52739.pdf
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146 N Canal Street, Suite 111 • Seattle, WA 98103 • www.confenv.com
To: Donna Frostholm, Jefferson County Department of Community Development (DCD)
From: Marlene Meaders, Confluence Environmental Company
Jesse DeNike, Plauché & Carr
Date: May 31, 2024
Re: Code Consistency Analysis for the Rock Island Shellfish Project: Technical Memorandum
1.0 INTRODUCTION
The purpose of this technical memorandum is to analyze consistency of the proposed Rock
Island Shellfish Project (the Project) with applicable policies and regulations of the Jefferson
County Critical Areas Ordinance (Jefferson County Code [JCC] Chapter 18.22) and Shoreline
Management Program (SMP) (JCC Chapter 18.25).
The Project is a proposal to continue shellfish farming activities on private tidelands in North
Hood Canal owned by Robert Carson, the owner of Rock Island Shellfish Company, on
Jefferson County parcel numbers 965100009, 965100010, and 965100011 (Figure 1). These
privately-owned tidelands have been subject to commercial shellfish aquaculture since the
1950s using a variety of on- and off-bottom cultivation methods. The purpose of the proposed
Project is to grow Kumamoto oysters (Crassostrea sikamea) in intertidal waters using a near-
bottom culture system called SEAPA® baskets. The proposed Project involves installation,
maintenance, and operation of a SEAPA basket system in North Hood Canal between +4 feet to
-4.2 feet mean lower low water (MLLW). SEAPA baskets will be stocked with seed oysters and
raised to full growth prior to harvesting and selling commercially. The SEAPA baskets will
occupy a culture area of approximately 2 acres of a 6-acre site, including 16.5-foot buffers from
native eelgrass (Zostera marina) beds.
The information below analyzes how the proposed Project is in compliance with relevant
Jefferson County policies and regulations. This analysis was requested during the pre-
application conference (PRE2024-00005) on March 26, 2024.
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Figure 1. Project site layout.
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2.0 CODE CONSISTENCY ANALYSIS
The information below reviews the following Jefferson County Code:
Land Use Districts (JCC Chapter 18.15)
Critical Areas Ordinance (JCC Chapter 18.22)
Shoreline Master Plan (JCC Chapter 18.25)
2.1 Land Use Districts (JCC Chapter 18.15)
The upland parcels owned by Robert Carson are zoned as Rural Residential One Unit/5 Acres
(RR 1:5). The RR 1:5 Zone is intended to allow for continued residential development in areas of
Jefferson County consisting of relatively high density pre-existing patterns of development,
along the County’s coastal areas, and within areas within or adjacent to rural centers and rural
crossroads. In addition, this district seeks to support and foster Jefferson County’s existing rural
residential landscape and character by restricting new land divisions to a base density of one
unit per five acres. Aquaculture uses and activities (outside of shoreline jurisdiction) is an
approved use of the RR 1:5 Zone (JCC 18.15.040 Table 3-1). However, no activities for the
proposed Project within the RR 1:5 Zone are outside of the shoreline jurisdiction. Therefore,
there is no further review of land use districts.
2.2 Critical Areas Ordinance (JCC Chapter 18.22)
The Critical Areas Ordinance identifies critical areas and provides policies for minimizing and
managing adverse environmental impacts from development within or abutting these areas.
The Project overlaps with fish and wildlife habitat conservation areas (FWHCAs), wetlands,
geologically hazardous areas, a seawater intrusion protection zone (SIPZ), and frequently
flooded areas (Zone VE) (Jefferson County 2024). The Project is consistent with the Critical
Areas Ordinance, and Project compliance with these critical areas is addressed below.
2.2.1 Article III – Critical Aquifer Recharge Areas (CARAs) and Seawater Intrusion Protection
Zones (SIPZs) (JCC 18.22.300 through 18.22.330)
The property is not mapped as a CARA but is mapped as a SIPZ (Jefferson County 2024). The
proposal is not expected to affect the SIPZ, and the JCC does not require a report for shellfish
operations within a SIPZ.
2.2.2 Article IV – Frequently Flooded Areas (JCC 18.22.400 through 18.22.430)
The proposed Project will occur within a Federal Emergency Management Agency (FEMA)-
mapped floodplain (Jefferson County 2024). The Project is in the process of being approved by
the U.S. Army Corps of Engineers (Corps) under the existing programmatic consultation for
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shellfish aquaculture in Washington State (USFWS 2016; NMFS 2016). The programmatic
consultation provides measures to avoid and minimize potential impacts to Endangered Species
Act (ESA) listed species, designated critical habitat, and essential fish habitat (EFH). Rock Island
Shellfish will comply with all terms, conditions, and conservation measures from that
programmatic consultation.
The Corps approval has been delayed pending resolution of Jefferson County permitting
requirements. Rock Island Shellfish is hoping to resolve this issue soon so that it can move
forward expeditiously with planting its shellfish crops and removing gear remaining from Sea
Garden’s operations. Based on this information, no Habitat Assessment will be required but
additional information is needed to provide to the Corps to move the process forward.
2.2.3 Article V – Geologically Hazardous Areas (JCC 18.22.500 through 18.22.550)
The shoreline above ordinary high water mark (OHWM) is mapped as a geologically hazardous
area (Jefferson County 2024). There will be no clearing, grading, or other ground-disturbing
activities above OHWM associated with putting the shellfish aquaculture gear together or other
activities associated with the farm. Therefore, no impacts to geologically hazardous areas will
occur from the proposed Project and this critical area will not be addressed further.
2.2.4 Articles VI – Fish and Wildlife Habitat Conservation Areas (JCC 18.22.600 through 18.22.660)
As defined by the code, FWHCAs are “areas that serve a critical role in sustaining needed
habitats and species for the functional integrity of the ecosystem, and which, if altered, may
reduce the likelihood that the species will persist over the long term” (JCC 18.22.610). Relevant
species that are supported by these FWHCAs were thoroughly reviewed in the Habitat
Management Plan (HMP; Confluence 2024). The Project does not result in significant impacts to
the surrounding environment and is able to maintain the functions and values of FWHCAs.
The only portion of the FWHCA code that resulted in a change from typical conditions
identified in the regulatory literature is related to the buffer distance from eelgrass areas. A
standard buffer from eelgrass and kelp under JCC 18.22.630(5)(b)(iii) is identified as 22 feet. The
buffer deemed conservative to protect eelgrass from shellfish aquaculture activities is 16 feet
(Corps 2015; USFWS 2016; NMFS 2016). Effects reviewed by the federal resource agencies to
determine an appropriate buffer distance included activities such as mechanical harvest of
shellfish and disturbance of sediment that are not part of the proposed Project. There is only a
nominal amount of sedimentation anticipated from the proposed shellfish aquaculture gear, as
described in the HMP (Confluence 2024). This minor sedimentation is well within the range of
natural disturbances and would have no effect on adjacent eelgrass beds. According to JCC
18.22.640(1)(b), a buffer reduction of 25% can be used when appropriate, which would result in
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a buffer of 16.5 feet. This buffer distance is slightly more conservative than standards developed
by federal agencies based on a state-wide review of shellfish aquaculture activities (many of
which include actions that generate more sedimentation and turbidity than the proposed
project). A 16.5-foot buffer is consistent with the policies identified in the JCC, and there are no
effects from the proposed Project that would impact eelgrass that would warrant a longer
distance. Thus, a buffer distance of 16.5 feet will be used for the proposed Project.
Additional requirements identified under JCC 18.22.650 (Habitat Management Reports) are
thoroughly addressed in the HMP (Confluence 2024). Compensatory mitigation is not required
per JCC 18.22.660 because no buffers were reduced greater than 25%, the Project does not result
in impacts to FWHCAs, and the Project will use minimization and avoidance measures (i.e.,
mitigation sequencing) consistent with the programmatic consultation (Corps 2015; USFWS
2016; NMFS 2016). Therefore, the Project complies with the policies and regulations of JCC
18.22.600 through 18.22.660.
2.2.5 Article VII – Wetlands (JCC 18.22.700 through 18.22.740)
The Project site falls within a continuous stretch of estuarine and marine wetland habitat
covering 386.87 acres that follows the shoreline from Squamish Harbor north to Port Ludlow
(USFWS 2024). This habitat is characterized by having deepwater tidal habitats adjacent to tidal
wetlands, presence of ocean water mixing with freshwater runoff, substrate that is flooded and
exposed by tides daily, and an unconsolidated shore that has less than 75% areal cover of
stones, boulders, or bedrock and less than 50% areal cover of vegetation. These conditions are
consistent with eelgrass and macroalgae areas within intertidal marine habitats. A report
produced by Marine Surveys & Assessments (MSA) provides details of a survey from June 2023
that complies with the requirements of a special report under JCC 18.22.905 (MSA 2023).
The survey reported that the Project site supports a variety of seagrass (MSA 2023). The
seagrass bed closest to the shore within the Project site is dominated by dwarf eelgrass (0-613
shoots/m2), which transitions to a mixed bed of dwarf and native eelgrass a few hundred feet
into the water (0-1333.3 shoots/m2). At about 500 ft offshore, there is a seagrass bed composed of
only native eelgrass (0-128 shoots/m2). Laminaria and macroalgae coverage in the Project site
begin about 300 feet offshore and increase with distance from shore in the surveyed area.
A cumulative impacts assessment addresses potential impacts to eelgrass and macroalgae, as
discussed in the HMP prepared for the proposed Project (Confluence 2024). Therefore, the
Project complies with the policies and regulations of JCC 18.22.700 through 18.22.740.
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2.2.6 Article IX – Special Reports (JCC 18.22.900 through 18.22.965)
The purpose of special reports is to provide environmental information and to present
proposed strategies for maintaining, protecting, or mitigating impacts to critical areas. The
special report should:
Demonstrate that the submitted proposal is consistent with the purposes and specific
standards of Article IX;
Describe all relevant aspects of the development proposal and critical areas adversely
affected by the proposal and assess impacts on the critical area from activities and uses
proposed;
Where impacts are unavoidable, demonstrate through an alternatives analysis that no
other feasible alternative exists; and
Consider the cumulative impacts of the proposed action that includes past, present, and
reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas.
Such impacts shall include those to wildlife, habitat, and migration corridors; water
quality and quantity; and other geologic or watershed processes that relate to critical
area condition, process, or service.
An HMP was developed for the proposed Project (Confluence 2024). The HMP is consistent
with the requirements identified in Table 1.
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Table 1. Project compliance with special reports per JCC 18.22.905.
Code Reference Code Language Assessment
(1)
When Special Reports Are Required. The administrator may require a
special report or reports if any portion of a proposed development or use
has the potential to negatively impact a critical area or encroach upon a
buffer, and that impact or encroachment requires mitigation, consistent
with the standards found in this chapter.
An HMP was created for the proposed Project as a special report to address
potential impacts to SIPZs, frequently flooded areas, geologically hazardous
areas, FWHCAs, and wetlands (Confluence 2024).
(2)
Standard Requirements. Special reports shall be prepared for review and
approval by the administrator. In addition to specific requirements of
particular special reports described in this article, each special report shall
describe narratively and show graphically, if applicable, the following:
(a) The proposed activity, location and dimensions;
(b) Existing site conditions and property boundaries preferably on a
scaled site plan with structures, features and geographic location
described and graphically depicted;
(c) All critical areas and their buffers on the project site;
(d) Assess potential impacts to critical areas function and values per the
specific requirements described in this article for each critical area type;
(e) Propose mitigation for unavoidable losses and impacts to critical
areas;
(f) Identify amount of and limits of clearing, grading, and impervious
surface on a stormwater calculation worksheet, if applicable; and
(g) Present photographs of the project site.
(a) The proposed activity, location, and dimensions are identified in the HMP.
(b) Existing site conditions and property boundaries are provided as a figure
in the HMP. Features of the site and the geographic location are described in
the HMP.
(c) Critical areas relevant to the proposed Project are identified on the Project
site. The main critical area is eelgrass habitat.
(d) An assessment of potential impacts to critical area function and values is
provided in the HMP. The primary critical area address is FWHCAs.
(e) No unavoidable losses and impacts to critical areas were identified, and
so no mitigation was required.
(f) No clearing, grading, and impervious surface is proposed as part of the
Project.
(g) Photographs are provided in Attachment 1
(3)
Special reports shall be valid for five years from the date the report was
prepared and report validity may be extended by the administrator;
provided, critical area conditions, including buffer conditions, have not
changed since the special report was written. The administrator shall
have the authority to require a revised special report, as needed, to
satisfy all the provisions of this chapter.
Noted.
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2.3 Shoreline Master Plan (JCC Chapter 18.25)
The Shoreline Master Plan (SMP) provides policies for the protection of the shoreline, which
includes those areas within 200 feet of the OHWM of designated shorelines in the County or
lands within 200 feet from floodways, contiguous floodplain areas, and all marshes, bogs,
swamps and river deltas associated with streams, lakes and tidal waters. The shoreline
associated with the Project is designated as natural above the OHWM and aquatic below the
OHWM. The Project is an allowed use with a shoreline substantial development permit (SSDP)
approval, using a Type III permitting process. The Project is within marine waters of North
Hood Canal and is regulated by the SMP. As described below, the Project is consistent with the
Jefferson County SMP.
2.3.1 Aquaculture (JCC 18.25.440)
According to JCC 18.25.440(1)(a), “Aquaculture is a preferred, water-dependent use of regional
and statewide interest that is important to the long-term economic viability, cultural heritage
and environmental health of Jefferson County.” The Project is in compliance with other
requirements and regulations identified under JCC 18.25.440 as discussed in Table 2. The table
addresses the code that is relevant to the proposed Project. Because this is an intertidal shellfish
aquaculture operation, regulations associated with finfish aquaculture are not discussed. In
addition, JCC 18.25.440(6) Regulations – Application Requirements are not addressed in the
table. These requirements are noted but have not been requested by the County.
2.3.2 Substantial Development Criteria (JCC 18.25.540)
The proposed Project will be planned and carried out in a manner that is consistent with this
program and the policy of the Shoreline Management Act as required by RCW 90.58.140(1),
regardless of whether a shoreline permit, statement of exemption, shoreline variance, or
shoreline conditional use permit is required.
2.3.3 Article V – Shorelines of Statewide Significance (JCC 18.25.230 through 18.25.250)
The proposed Project is located below OHWM in North Hood Canal and is identified as a
shorelines of statewide significance. The Project will comply with the use preferences identified
under JCC 18.25.250. Specifically, state and federal resource agencies, as appropriate, are being
consulted and permits and authorizations are being obtained. The proposed Project is a
sustainable use of the shoreline and does not deplete natural resources, as described in the HMP
(Confluence 2024). The Project will provide long-term benefits to water quality and potentially
fish prey resources. Finally, the proposed Project is a water-dependent use of the shoreline that
does not significantly interfere with public use or access. Therefore, the Project complies with
the policies and regulations of JCC 18.25.230 through 18.25.250.
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Table 2. Project compliance with special reports per JCC 18.25.440.
Code Reference Code Language Assessment
(1) Policies.
(a) Aquaculture is a preferred, water-dependent use of regional and statewide interest that is
important to the long-term economic viability, cultural heritage and environmental health of Jefferson
County.
(b) The county should support aquaculture uses and developments that:
(i) Protect and improve water quality; and
(ii) Minimize damage to important nearshore habitats; and
(iii) Minimize interference with navigation and normal public use of surface waters; and
(iv) Minimize the potential for cumulative adverse impacts, such as those resulting from in-water
structures/apparatus/equipment, land-based facilities, and substrate disturbance/modification
(including rate, frequency, and spatial extent).
Policies (c) through (p) are not relevant or are related to County responsibilities.
The HMP (Confluence 2024) provides a
discussion of how the proposed Project meets the
requirements identified for aquaculture projects
that should be supported by the County.
(3) Shoreline
Environment
Regulations.
The shoreline designation for the proposed Project is Natural above OHWM; Aquatic below OHWM.
(b) Aquatic. Aquaculture activities may be allowed subject to the use and development regulations of
the adjacent upland shoreline environment.
(c) Natural. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to
policies and regulations of this program…[other portions of this code are not relevant].
(b) The proposed Project is an allowed use of an
aquatic shoreline designation.
(c) The proposed Project is an allowed use of a
natural shoreline designation.
(4)
Regulations –
General.
(a) When a shoreline permit is issued for a new aquaculture use or development, that permit shall
apply to the initial siting, construction, and/or planting or stocking of the facility or farm. If the initial
approval is a shoreline substantial development permit, it shall be valid for a period of five years with
a possible one-year extension. If the initial approval is a conditional use permit, it shall be valid for
the period specified in the permit.
(b) Ongoing maintenance, harvest, replanting, restocking of or changing the species cultivated in any
existing or permitted aquaculture operation is not considered new use/development, and shall not
require a new permit, unless or until:
(i) The physical extent of the facility or farm is expanded by more than 25 percent or more than 25
percent of the facility/farm changes operational/cultivation methods compared to the conditions
that existed as of the effective date of this program or any amendment thereto. If the amount of
expansion or change in cultivation method exceeds 25 percent in any 10-year period, the entire
operation shall be considered new aquaculture and shall be subject to applicable permit
requirements of this section; or
(a) The proposed Project is applying for a
shoreline substantial development permit (SSDP).
(b) Noted.
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Code Reference Code Language Assessment
(ii) The facility proposes to cultivate species not previously cultivated in the state of Washington.
(c) Aquaculture uses and activities involving hatching, seeding, planting, cultivating, raising and/or
harvesting of planted or naturally occurring shellfish shall not be considered development, as defined
in Article II of this chapter, and shall not require a shoreline substantial development permit, unless:
(i) The activity substantially interferes with normal public use of surface waters; or
(ii) The activity involves placement of any structures as defined in Article II of this chapter; or
(iii) The activity involves dredging using mechanical equipment such as clamshell, dipper, or
scraper; or
(iv) The activity involves filling of tidelands or bedlands.
(d) The county shall assess the potential for interference described in subsection (3)(c) of this
section on a case-by-case basis. All proposed new aquaculture uses or developments shall submit a
joint aquatic permit application (JARPA) and SEPA checklist to enable assessment by the county.
Activities shall not be considered to substantially interfere with normal public use of surface waters,
unless:
(i) They occur in, adjacent to or in the immediate vicinity of public tidelands; and
(ii) They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a
regular basis and in a manner that substantially obstructs public access, or passage from public
facilities such as parks or boat ramps; or they exclude the public from more than one acre of
surface water on an ongoing or permanent basis.
(e) Aquaculture activities not listed in subsection (4)(c) of this section and listed activities that fail to
meet any of the criteria in subsection (1)(b) of this section shall require a shoreline substantial
development permit (SDP) or conditional use permit (CUP), and shall be subject to all of the
following regulations: (i) through (xv).
(f) Prior to approving a permit for floating/hanging aquaculture use and development or bottom
culture involving structures, the county may require a visual analysis prepared by the
applicant/proponent describing effects on nearby uses and aesthetic qualities of the shoreline. The
analysis shall demonstrate that adverse impacts on the character of those areas are effectively
mitigated.
(c) Noted. There will be no other activities
proposed that would require a new SSDP.
(d) A JARPA and SEPA checklist will be
submitted to the County for review. No activities
that are part of the proposed Project will interfere
with normal public use of surface waters as
described in the code.
(e) The HMP developed for the proposed Project
addresses the regulations identified and provide a
cumulative impacts and no net loss analysis of
ecological functions (Confluence 2024).
(f) Noted.
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2.3.4 Article VI – General Policies (JCC 18.25.270 through 18.25.320)
The policies and regulations identified in JCC 18.25.270 related to critical areas, shoreline
buffers, and ecological protection are addressed in the HMP for the proposed Project
(Confluence 2024). The Project will protect and improve water quality, minimize damage to
important nearshore habitats, and minimize interference with navigation and public use of
surface waters. Overall, the proposed Project in North Hood Canal would result in no
cumulative impacts and a no net loss of ecological functions.
The policies and regulations identified in JCC 18.25.280 are not required to be addressed at the
time of application. If comments are received by the 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.
The policies and regulations identified in JCC 18.25.290 related to public access and navigation
were addressed in the HMP for the proposed Project (Confluence 2024). Hood Canal is a
relatively deep body of water (88% subtidal), but shellfish aquaculture is predominantly located
in shallow, intertidal areas. There are several public access points through state and local parks,
marinas, and resorts (Ecology 2024). However, there are no examples of navigational conflicts,
even with the U.S. Navy vessels in the northern end. Ensuring communication about culture
bed locations and channels helps to minimize potential adverse interactions. Conservation
measures, low-profile gear, and responsible farming effectively avoid and minimize potential
conflicts.
The policies and regulations identified in JCC 18.25.300 related to shoreline setbacks and height
are not relevant to the proposed Project.
The policies and regulations identified in JCC 18.25.310 related to vegetation conservation,
specifically eelgrass and macroalgae, were addressed in the HMP for the proposed Project
(Confluence 2024). There will be no effects to eelgrass and macroalgae from the proposed
Project because of the avoidance measure of using 16.5-foot buffers between proposed shellfish
aquaculture gear and mapped native eelgrass areas based on the MSA (2023) survey.
The policies and regulations identified in JCC 18.25.320 related to water quality and quantity
were addressed in the HMP for the proposed Project (Confluence 2024). Shellfish aquaculture is
recognized for both positive and negative effects on water quality. Most of Hood Canal is
considered approved for shellfish harvest activities by WDOH (WDOH 2024), indicating good
water quality conditions. Shellfish growers are heavily involved in water quality projects, which
creates lasting improvements such as reducing the potential for eutrophication within an
estuary. Finally, there are several avoidance and minimization measures identified in the PBA
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(Corps 2015) used to improve and maintain water quality within Washington state. No upland
changes will occur as part of the proposed Project and stormwater regulations are not relevant.
As described above, the Project complies with the policies and regulations of JCC 18.25.270
through 18.25.320.
3.0 SUMMARY
Shellfish aquaculture is a preferred, water-dependent use of Jefferson County shorelines (JCC
18.25.440). The proposed Project is consistent with the policies of the Jefferson County critical
areas ordinance and SMP, incorporates effective avoidance and minimization measures, will not
result in cumulative impacts, and will result in a no net loss of ecological functions. Standard
BMPs and the conservation measures in the Corps (2015) PBA, which the Project will follow,
help to avoid or minimize potential impacts, thereby eliminating the need for further
mitigation. Consistency with the relevant codes will be accomplished by preparing the Project
in compliance with regulatory requirements and by submitting permit applications, site plan,
and environmental information for review by the permitting authorities and revising plans per
agency direction through an SSDP application process. The Project is an allowed use with a
SSDP approval, using a Type III permitting process.
4.0 REFERENCES
Confluence (Confluence Environmental Company). 2024. Rock Island Shellfish: Habitat
Management Plan. Prepared for Plauché & Carr, Seattle, Washington, by Confluence,
Seattle, Washington.
Corps (U.S. Army Corps of Engineers). 2015. Programmatic biological assessment: shellfish
activities in Washington State inland marine waters. U.S. Army Corps of Engineers
Regulatory Program, Seattle, WA.
Ecology (Washington State Department of Ecology). 2024. Coastal Atlas - Map | Online Data.
https://apps.ecology.wa.gov/coastalatlasmap (accessed on May 3, 2024).
Jefferson County. 2024. Public Land Records | Online Map.
https://gisweb.jeffcowa.us/LandRecords/ (accessed on May 3, 2024).
MSA (Marine Surveys and Assessments). 2023. Carson Habitat Report. Marine Surveys &
Assessments, Port Townsend, WA.
NMFS (National Marine Fisheries Service). 2016. Endangered Species Act (ESA) Section 7(a)(2)
Biological Programmatic Opinion and Magnuson-Stevens Fishery Conservation and
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Management Act Essential Fish Habitat Consultation: Washington State Commercial
Shellfish Aquaculture and Restoration Programmatic. NOAA, NMFS, West Coast Region,
NMFS Consultation Number WCR-2014-1502, Seattle, Washington.
USFWS (U.S. Fish and Wildlife Service). 2016. Biological Opinion: Programmatic consultation
for shellfish activities in Washington State inland marine waters. U.S. Fish and Wildlife
Service, 01EWFW00-2016-F-0121, Lacey, WA.
USFWS. 2024. National Wetlands Inventory | Online Data.
https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/ (accessed on May 3,
2024).
WDOH (Washington Department of Health). 2024. Office of Environmental Health and Safety |
Commercial Shellfish Map Viewer. https://fortress.wa.gov/doh/oswpviewer/index.html
(accessed on May 3, 2024).
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SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 1 of 15
SEPAENVIRONMENTAL CHECK LIST
Purpose of checklist
Governmental agencies use this checklist to help determine whether the environmental impacts of your
proposal are significant. This information is also helpful to determine if available avoidance,
minimization, or compensatory mitigation measures will address the probable significant impacts or if an
environmental impact statement will be prepared to further analyze the proposal.
Instructions for applicants
This environmental checklist asks you to describe some basic information about your proposal. Please
answer each question accurately and carefully, to the best of your knowledge. You may need to consult
with an agency specialist or private consultant for some questions. You may use “not applicable” or
"does not apply" only when you can explain why it does not apply and not when the answer is
unknown. You may also attach or incorporate by reference additional studies reports. Complete and
accurate answers to these questions often avoid delays with the SEPA process as well as later in the
decision-making process.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of
time or on different parcels of land. Attach any additional information that will help describe your
proposal or its environmental effects. The agency to which you submit this checklist may ask you to
explain your answers or provide additional information reasonably related to determining if there may
be significant adverse impact.
Instructions for lead agencies
Please adjust the format of this template as needed. Additional information maybe necessary to
evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse
impacts. The checklist is considered the first but not necessarily the only source of information needed to
make an adequate threshold determination. Once a threshold determination is made, the lead agency is
responsible for the completeness and accuracy of the checklist and other supporting documents.
Use of checklist for nonproject proposals
For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable
parts of sections A and B, plus theSupplemental Sheet for Nonproject Actions (Part D). Please completely
answer all questions that apply and note that the words "project," "applicant," and "property or site"
should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency
may exclude (for non-projects) questions in “ Part B: Environmental Elements” that do not contribute
meaningfully to the analysis of the proposal.
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A. Background Find help answering background questions
1. Name of proposed project, if applicable:
Rock Island Shellfish
2. Name of applicant:
Robert M. Carson
3. Address and phone number of applicant and contact person:
Robert M. Carson 360-774-2678
921 Maple St.
Port Townsend , WA. 98368
4. Date checklist prepared:
April 12, 2024 - May 3, 2024
5. Agency requesting checklist:
Jefferson County Dept. of Community Development Shoreline Division
6. Proposed timing or schedule (including phasing, if applicable):
Project to begin immediately upon issuance of Jefferson County Shoreline Conditional use Permit
7. Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain.
There is no currently planned expansion beyond the areas and activities described in this
document.
8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal.
Eelgrass survey by Marine Survey and Assessments 7/3/2023
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes, explain.
None known at current date.
10. List any government approvals or permits that will be needed for your proposal, if known.
U S Army Corps of Engineers approval under Nationwise Permit 48 Commercial
Shellfish Aquaculture Activities 12/19/2019
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11. Give a brief, complete description of your proposal, including the proposed uses and the
size of the project and site. There are several questions later in this checklist that ask you
to describe certain aspects of your proposal. You do not need to repeat those answers on
this page. (Lead agencies may modify this form to include additional specific information
on project description.)
Rock Island Shellfish , proposes to culivate Kumomoto Oysters on tidelands of parcels
965100009, 965100010 and 965100011 approximately between positive 1 and negative
3, inside a 16 foot inclusion boundary to protect the natural eelgrass beds in compliance
with the requirements of the Department of Ecology. Below the outside of the inclusion
Zone, above approximatley +2.5 and +1 are the natural mixed Zostera Marina and
Zostera Japonia bed. Rock Island Shellfish proposes a shellfish holding area for deployment
of baby oysters for tumbling and sorting oysters during winter months in order to litigate night
time activities. The Komomoto Oysters will be placed in Sepa Marine Grade grow-out
baskets. Baskets will be placed on 1/2 inch rebar racks that are approximate 1 inch width
and 44 inches high. These racks will be placed inside of grow-out area in rows of 10 feet as
established by the Programmatic. The Komomoto Oyster seed will be purchased from
certified hatchery at approximately 3mm in size. They will be placed out in the grow area
over a period of their two year growth cycle, will be transfered to a series of larger mesh
Sepa grow out baskets. Until they reach a harvest size. At which time they will be removed
from the beach and immediately cooled to a temperature of less than 50 degrees farenhite.
Weekly and after storms we will be checking for damaged or lost bags. All bags will be
marked with Shellfhish farm number and phone number.
12. Location of the proposal. Give sufficient information for a person to understand
the
precise location of your proposed project, including a street address, if any, and section,
township, and range, if known. If a proposal would occur over a range of area, provide the
range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and
topographic map, if reasonably available. While you should submit any plans required by
the agency, you are not required to duplicate maps or detailed plans submitted with any
permit applications related to this checklist.
Hood Canal 4
Jefferson County Parcel number- 965100009 - township 27N - range 1E -section 2.
Legal Description, KILLAPIE BEACH LOT 9 INC T.L.'SFROG.
Parcel number 965100010 - township 27N - range 1E - section 2. Legal Description,
KILLIPIE BEACH LOT 10 INC T.L.'S ADJ (4).
Parcel number 965100011 - township 27N range 1E - section 2. Legal Description ,
KILLAPIE BEACH 11 PLUS TIDELANDS FRTG. 1.18 CHS.
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Blank, discard
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Blank - discard
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B. Environmental Elements
1. EarthFind help answering earth questions
a. General description of the site:
Gently Sloping Tidelands with medium bank uplands.
Circle or highlight one: Flat, rolling, hilly, steep slopes, mountainous,other:
b. What is the steepest slope on the site (approximate percent slope)?
0.0513 degree
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
muck)? If you know the classification of agricultural soils, specify them,and note any
agricultural land of long-term commercial significance and whether the proposal results
in removing any of these soils.
Substrate at site consists mainly well-sorted, clean sand with adjacent sandy, gravelly beach.
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so
, describe.
Flooding caused by unusual weather conditions caused slide and temporary closure of road
March 15, 1999. No building of homes due to slide per ruling Jefferson County Community
Development.
e. Describe the purpose, type, total area, and a pproximate quantities and total affected
area of any filling, excavation, and grading proposed. Indicate source of fill.
There is no proposed filling, excavation or grading.
f. Could erosion occur because of clearing, construction, or use? If so, generally describe.
No
g. About what percent of the site will be covered with impervious surfaces after project
No impervious surface will be created as part of this project.
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any.
No erosion is anticipated so no erosion control measures will be implemented.
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2. Air Find help answering air questions
a. What types of emissions to the air would result from the proposal during construction, operation,
and maintenance when the project is completed? If any, generally describe and give approximate
quantities if known.
None
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so,
generally describe.
None that are known to applicant.
c. Proposed measures to reduce or control emissions or other impacts to air, if any.
Not applicable.
3. WaterFind help answering water questions
a. Surface Water:Find help answering surface water questions
1. Is there any surface water body on or in the immediate vicinity of the site (including year-round
and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names.
If appropriate, state what stream or river it flows into.
The project area consists of Hood Canal saltwater tide lands that are exposed and covered on a
daily basis. Shine Creek, a fresh water creek, approximately 2 miles west. Small unnamed
stream approximately 675 feet from nearest project site.
2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters?
If yes, pleased describe and attach available plans.
No
3. Estimate the amount of fill and dredge material that would be placed in or removed
from surface water or wetlands and indicate t e area of the site that would be affected. Indicate
the source of fill material.
None
4. Will the proposal require surface water withdrawals or diversions? Give a general description,
purpose, and approximate quantities if known
None
5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
Yes. Being tidelands the site lies within the 100 year flood plain.
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6. Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge.
No
b. Ground Water:Find help answering ground water questions
1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a
general description of the well, proposed uses and approximate quantities withdrawn from the
well. Will water be discharged to groundwater? Give a general description, purpose, and
approximate quantities if known.
No
2. Describe waste material that will be discharged into the ground from septic tanks or other sources,
if any (domestic sewage; industrial, containing the following chemicals…; agricultural; etc.).
Describe the general size of the system, the number of such systems, the number of houses to be
served (if applicable), or the number of animals or humans the system(s) are expected to serve.
None
c. Water Runoff (including stormwater):
a) Describe the source of runoff (including storm water) and method of collection and disposal, if any
(include quantities, if known). Where will this water flow? Will this water flow into other waters? If
so, describe.
No run-off (including storm water) will result from project operations.
b) Could waste materials enter ground or surface waters? If so, generally describe.
None
c) Does the proposal alter or otherwise affect drainage pa tterns in the vicinity of the site? If so,
describe.
No
d) Proposed measures to reduce or control surface, ground, and runoff water, and drainage
pattern impacts, if any.
None needed
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4. PlantsFind help answering plants questions
a. Check the types of vegetation found on the site:
□ deciduous tree: alder, maple, aspen, other
□ evergreen tree: fir, cedar, pine, other
□ shrubs
□ grass
□ pasture
□ crop or grain
□ orchards, vineyards, or other permanent crops.
□ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
□ water plants: water lily, eelgrass, milfoil, other
□ other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
There will be no removal of native materials.
c. List threatened and endangered species known to be on or near the site.
No threatened or endangered plant species are found on the site.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation
on the site, if any.
All project activity will occur at least 16 feet away from native eelgrass.
e. List all noxious weeds and invasive species known to be on or near the site.
The Washington Department of Fish and Wildlife has classified Z.japonica growing on commercial aquaculture sites as a “Class C” noxious weed (Pleus 2012). This category is for abundant, widespread non-native species that are difficult to control. The primary
concern with Z.japonica in relation to shellfish aquaculture is that it occurs on mid -intertidat areas that were previously bare mud and sand flats. Z.japonica can potentially grow to the extent that shellfish planting and harvesting cannot be done successfully (Fisher et al.2011) in addition, extensive Z.japonica can reduce water flow by up to 40% in comparison to bare
mudflats (Tsai et al 2010) Given the WDFW classification of Z.japonica, any loss at the site could be viewed as a positive. However, this classification does not necessarily m ean that Z.japonica presence is detrimentlal from the perspective of ecosytem structure and
function.
5. Animals Find help answering animal questions
a. List any birds and other animals that have been observed on or near the site or are known to be
on or near the site.
Examples include:
• Birds: hawk, heron, eagle, songbirds, other:
• Mammals: deer, bear, elk, beaver, other:
• Fish: bass, salmon, trout, herring, shellfish, other:
b. List any threatened and endangered species known to be on or near the site.
See Attachment : 1
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c. Is the site part of a migration route? If so, explain.
Yes. Hood Canal Summer-run Chum salmon may migrate along the shoreline of site.
d. Proposed measures to preserve or enhance wildlife, if any.
None
e. List any invasive animal species known to be on or near the site.
None
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3. Describe any toxic or hazardous chemicals that might be stored, used, or produced
6. Energy and Natural ResourcesFind help answering energy and natural resource questions
1. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the
completed project's energy needs? Describe whether it will be used for heating, manufacturing,
etc.
Diesel, gasoline or electric motors will be used to power vessels and harvesting equipment during the
planting, growing and harvesting phases.
2. Would your project affect the potential use of solar energy by adjacent properties? If so, generally
describe.
No
3. What kinds of energy conservation features are included in the plans of this proposal? List other
proposed measures to reduce or control energy impacts, if any.
Because the energy use connected with project is minimal, there are no specific conservation
measures planned for the project .
7. Environmental HealthFind help with answering environmental health questions
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and
explosion, spill, or hazardous waste, that could occur because of this proposal? If so, describe.
1. Describe any known or possible contamination at the site from present or past uses.
There is no known contamination or possible contamination at the sire from present or past uses.
2. Describe existing hazardous chemicals/conditions that might affect project development
and design. This includes underground hazardous liquid and gas transmission pipelines
located within the project area and in the vicinity.
There are no known existing hazardous chemicals/conditions that might affect project
development and design.
during the project's development or construction, or at anytime during the operating
life of the project.
The only toxic chemicals anticipated to be stored or used in connection with the
project are gasoline and diesel fuels for operation land based vehicles and vessel used
for deploying grow-out racks. No toxic chemical will be produced by development or
operation of the Project. The Princess Felicia will be used to remove old and
deploy my new racks.
4. Describe special emergency services that might be required.
The only special emergency services that might be required in connection with the
Project would be oil spill response and cleanup. Such services are provided through
the Washington Department of Ecology, and for the Project would most likely be
provided by the WSDOE response team based in Olympia, which provides year-
round, statewide, 24-hour a day response services.
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5. Proposed measures to reduce or control environmental health hazards, if any.
Any washing of vehicles done off-site at environmentally secured public car wash. Land vehicles
shall be stored, fueled and maintained in a vehicle storage area 150 feet or more from any stream,
water
body or wetlands. For boats or other gas powered vehicles fuel shall be transferred in an
environmentally protection agency compliant portable fuel containers, 5 gallons or smaller at a time
during refilling. A polypropylene pad or other spill protection and a funnel or spill proof spout shall
be used in the event of a spill. A spill kitshall be available and used in the event of a spill. All spills
shall be reported to the Washington emergency management office at (800) 258-5990. All waste oil
or other clean up materials contamenated with petroleum produces shall be porperly disposed of off
site. All vehicles operated within 150 feet of any stream, water body, or wetlands shall be inspected
daily for fluid leaks before leaving the vehicle staging area. Any leaks detected shall be repaired in
the vehicle staging area before the vehicle resumes operation and documented in a record that is
available for review on request by any rgulatory enforcement personnel. Except as to water-borne
boats and vessels, the direct or indirect contact of toxic compounds including creosote, wood
preservatives, paint, etc. with marine enviroment shall be prevented. For water-borne boats and
vessels, all paint and other compounds coming into contact with the water will be approved for such
use under all applicable rules and regulations.
b. Noise
1. What types of no which may affect your project (for example:
traffic, equipment, operation, other)?2. What types and levels of noise would be created by or
associated with the project on a short-term
See Attachment : 2
2. What types and levels of noise would be created by or associated with the project on short term
or along-term basis (for example: traffic, construction, operation, other)? Indicate what hours
noise would come from the site)?
See Attachment : 3
3. Proposed measures to reduce or control noise impacts, if any.
uses on nearby or adjacent properties? If so, describe.
There is no evidence that increases in either airborn or underwater noise
would result from a Oyster grow-out and harvest operation.
8. Land and Shoreline Use Find help answering land and shoro.
a. What is the current use of the site and adjacent properties? Will the proposal affect current land
The “ Platt map of Killapie beach ” parcels 965100001 through parcels 965100014, are in a geologically unstable
area and while zoned residential no houses can be built per Jefferson County Department of Community
Development. The property owners have historically use the property for commercial oyster farms, and
seasonal summertime camping and other activities such as kayaking, beach walks and fishing. The proposed
farm is not a change in use but a layer of enrichment in Hood Canal 4.
b. Has the project site been used as working farmlands or working forest lands? If so, describe. How
much agricultural or forest land of long-term commercial significance will be converted to other
uses because of the proposal, if any? If resource lands have not been designated, how many
acres in farmland or forest land tax status will be converted to nonfarm or nonforest use?
N/A
1. Will the proposal affect or be affected by surrounding working farm or forest land normal
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income housing.
business operations, such as oversize equipment access, the application of pesticides, tilling,
and harvesting? If so, how? No
c. Describe any structures on the site.
Rebar racks where installed on the beach by Sea Garden Inc. between 1953 - 2017.
in 2023 I received permission from the army corps of engineers to remove these abandoned
racks.
d. Will any structures be demolished? If so, what?
In 2023 I received permission from the army corps of engineers to remove these abandoned racks.
e. What is the current zoning classification of the site? Residential
f. What is the current comprehensive plan designation of the site? Rural Residential
g. If applicable, what is the current shoreline master program designation of the site?
Acuatic- Shoreline Residential.
h. Has any part of the site been classified as a critical area by the city or county? If so,
specify.
Yes. Portions of the Project Area are classified as Wetlands Critical Area, FEMA Flood Zone Critical
Area. Seismic Hazard Critical Area, Seawater Intusion Protection Zone, and Critiical Aquifer
Recharge Area.
i. Approximately how many people would reside or work in the completed
project? See Attachment: 4
j. Approximately how many people would the completed project
displace? No people will be displaced.
k. Proposed measures to avoid or reduce displacement impacts, if any.
None planned as there will be no displacement.
. Proposed measures to ensure the proposal is compatible with existing and projected land
uses and plans, if any. None
m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term
commercial significance, if any.
None are required as there are no anticipated impacts to agricultural and forest lands
9. Housing Find help answering housing questions
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-
No housing units will be provided.
b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low-income housing None
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c. Proposed measures to reduce or control housing impacts, if any. None
l
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10. Aesthetics Find help answering aesthetics questions
a. What is the tallest height of any proposed structure(s), not including antennas; what is
the principal exterior building material(s) proposed?
The only structure in this proposal are the 44 inch tall rebar oyster racks .
b. What views in the immediate vicinity would be altered or obstructed?
No views. Of near by homes have unobstructed view of the proposed oyster farm area
c. Proposed measures to reduce or control aesthetic impacts, if any.
Oyster racks and bags will be visible during low tide cycles for approximately 3 to 5 hours twice
daily depending on time of month and time of year. Weekly and after storm events all gear will be
checked and maintained to insure no debris will be released from the project location. All
oyster baskets will be taged with company name and phone number as a secondary
precaution .
11. Light and Glare Find help answering light and glare questions
a. What type of light or glare will the proposal produce? What time of day would it mainly occur?
Between Oct. And March work will be performed at night t during nighttime low tides cycles
approximately 3 nights in a row every two weeks,. as a monthly tide cycle permits. 11-a- Beach
workers will use individual LED headlamps ( with an output of 6000 lumens or less) to provide beam
of individual lighting for that worker. Overall, the project will not produce any significant light or glare
that will be visible to upland owners. No vessel operations will be performed at night.
b. Could light or glare from the finished project be a safety hazard or interfere with views? No
c. What existing off-site sources of light or glare may affect your proposal? None
d. Proposed measures to reduce or control light and glare impacts, if any. Not applicable
12. Recreation Find help answering recreation questions
a. What designated and informal recreational opportunities are in the immediate vicinity?
The main informal recreational activities are beach walking by residents and visitors at low tide and
use of the water over the project at high tide by recreational boaters.
b. Would the proposed project displace any existing recreational uses? If so, describe.
B.There will be no impacts to beach access as the project is located on private tidelands that are
not currently accessible by the public.
c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities
None are proposed as none are necessary.
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13. Historic and Cultural PreservationFind help answering historic and cultural preservation
questions
a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old
listed in or eligible for listing in national, state, or local preservation registers? If so, specifically
describe.
No such structures or site exist in the project area.
b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This
may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas
of cultural importance on or near the site? Please list any professional studies conducted at the
site to identify such resources.
B.No landmarks, features, or other evidence of Indian or historic use or occupation are known
to exist at the site.
c. Describe the methods used to assess the potential impacts to cultural and historic resources on
or near the project site. Examples include consultation with tribes and the department of
archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc.
No consultations or studies have been undertaken, since the project consists of bare tidelands with
no evidence of any prior habitation or human use.
d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to
resources. Please include plans for the above and any permits that maybe required.
No specific measures are proposed.
a. Identify public streets and highways serving the site or affected geographic area and describe
proposed access to the existing street system. Show onsite plans, if any.
The project will be reached via the Shine Tidelands public boatlaunch by foot during the
outgoing tide by beach workers. Shine tidelands public boat launch is ajaceint to sr 104
by paradise bay road approxamately 50 feet from sr 104.
b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If
not, what is the approximate distance to the nearest transit stop?
The site is not directly served by public transit, but the Jefferson Transit Route #7, Poulsbo, has a bus
stop approximately 1.2 miles to the East at the western end of the Hood Canal bridge.
c. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle,
or state transportation facilities, not including driveways? If so, generally describe (indicate
whether public or private).
The project will not require any additional parking spaces, and will not eliminate any existing parking
spaces.
d. Will the projector proposal use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
No
e. How many vehicular trips per day would be generated by the completed projector proposal? If
known, indicate when peak volumes would occur and what percentage of the volume would be
trucks (such as commercial and nonpassenger vehicles). What data or transportation models
were used to make these estimates?
During planting sorting days beach workers will be transferred to the Shine Public Boat launch
area by 1 or 2 passenger vehicles per day, during harvesting periods 1 or 2 truck trips will take
place per day. During inspection periods 1 or 2 passenger vehicles trips will take place per day.
No data or transportation models were used to make these estimates.
14. Transportation Find help with answering transportation questions
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f. Will the proposal interfere with, affect, or be affected by the movement of agricultural and forest
products on roads or streets in the area? If so, generally describe.
No
g. Proposed measures to reduce or control transportation impacts, if any. None
police protection, public transit, healthcare, schools, other)? If so, generally describe.
15. Public Services Find help answering public service questions
a. Would the project result in an increased need for public services (for example: fire protection,
police protection, public transit, healthcare, schools, other)? If so, generally describe.
No
b. Proposed measures to reduce or control direct impacts on public services, if any.
telephone, sanitary sewer, septic system, other: None needed or planned.
16. Utilities Find help answering utilities questions
a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service,
and the general construction activities on the site or in the immediate vicinity which
might be needed. No utilities directly serve the site.
b. Describe the utilities that are proposed for the project, the utility providing the service,
None planned or needed.
C. Signature Find help about who should sign
The above answers are true and complete to the best of my knowledge. I understand that the lead
agency is relying on them to make its decision.
05/05/2024
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Typename of signee: Robert M Carson
Position and agency/organization: Owner.
Date submitted: 05/01/20244202/10/50
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D. Supplemental sheet for nonproject actions Find help for the nonproject actions
worksheet
IT IS NOT REQUIRED to use this section for project actions.
Because these questions are very general, it maybe helpful to read them in conjunction
with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the types of
activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate
than if the proposal were not implemented. Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air; pro-
duction, storage, or release of toxic or hazardous substances; or production of noise?
• Proposed measures to avoid or reduce such increases are:
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
• Proposed measures to protector conserve plants, animals, fish, or marine life are:
3. How would the proposal be likely to deplete energy or natural resources?
• Proposed measures to protector conserve energy and natural resources are:
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or understudy) for governmental protection, such as parks,
wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime farmlands?
• Proposed measures to protect such resources or to avoid or reduce impacts are:
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
• Proposed measures to avoid or reduce shoreline and land use impacts are:
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6. How would the proposal be likely to increase demands on transportation or public
services and utilities?
• Proposed measures to reduce or respond to such demand(s) are:
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or
requirements for the protection of the environment.
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Attachment 2
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Attachment : 2
Question 5 b 1
The "Platt map of Killpie beach", parcels 965100001 through parcels 965100014,
are in a geologically unstable area and while zoned residential no houses can be built per
Jefferson County Department of Community Development. Killipie Beach Road accessed by Shine
Road. There are numerous single family houses in the Shine neighborhood, which is bordered on the
north side by heavily trafficked state route 104. Approximately 20,000 vehicles, 25,000 on summer
weekends pass the Shine neighborhood each day traveling approximately 60 miles per hour. Existing
noise in the area includes that which is typically found associated with water dependent activities, eg.
boat use, residential use, vehicle use, lawnmowers, beach walking and vehicular traffic. Using the
standard that 10% of the average annual daily traffic represents hour average traffic leads to 1500
vehicles per hour passing near the Shine neighborhood on SR 104.
At 60 mph, the sound from vehicle traffic is approximately 75 dBA at 50 feet. Rock Island Shellfish is
approximately 600 feet from SR104. The noise level of any operation will not exceed the level of
SR104 at 600 feet , there for creating no effect on background noise of the neighborhood.
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Attachment 3
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Attachment : 3
Question 5 b - 2
Noise-generating elements of the proposed project are consistent with existing use of the
surroundings (small boat use and walking on the beach)/ The typical out-board motor used on boats
for aquaculture create a noise level of about 60d BA at 50 feet. Both airborne and underwater noise
would be generated from the proposed project when A Boat will only be used on a very limited basis
for deploying rebar oyster racks during the summer time daytime high tide cycles. Approximately six
racks will be deployed during a tide cycle. New racks will be picked up at the Shine tideland public
boat launch, and motored to the. specified grow out area When the tide reseeds , beach workers
will pick up the racks by hand and move them to the final position inside the
project area.
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Attachment 4
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Attachment : 4
Question 8 - i
Approximately 3 people will be working sporadically on 5 hour shifts depending on tides and
weather,
beginning in the spring and lasting through the fall. During these work cycles workers
will sort, tumble and re-bag oysters during the oysters life span. After planting weekly site
inspections will be conducted by 2 - RIS employees walking the tidelands and surrounding areas at
low tide, looking for any dislodged gear or debris.
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WASHINGTON STATE
Joint Aquatic Resources Permit
Application (JARPA)Form1,2 [help]
USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW.
Part 1–Project Identification
1.Project Name (A name for your project that you create. Examples: Smith’s Dock or Seabrook Lane Development) [help]
Rock Island Shellfsh
Part 2–Applicant
The person and/or organization responsible for the project. [help]
2a. Name (Last, First, Middle)
Carson, Robert Major
2b. Organization (If applicable)
2c. Mailing Address (Street or PO Box)
P.O. Box 181
2d. City, State, Zip
Port Gamble, WA, 98364
2e. Phone (1) 2f. Phone (2) 2g. Fax 2h. E-mail
360-744-2678 mc66701@att.net
1Additional forms may be required for the following permits:
If your project may qualify for Department of the Army authorization through a Regional General Permit (RGP), contact the U.S. Army Corps of
Engineers for application information (206) 764-3495.
Not all cities and counties accept the JARPA for their local Shoreline permits. If you need a Shoreline permit, contact the appropriate city or county
government to make sure they accept the JARPA.
2To access an online JARPA form with [help] screens, go to
http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx.
For other help, contact the Governor’s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov.
AGENCY USE ONLY
Date received:
Agency reference #:
Tax Parcel #(s):
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Part 3–Authorized Agent or Contact
Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11b of this
application.) [help] NA
3a. Name (Last, First, Middle)
3b. Organization (If applicable)
3c. Mailing Address (Street or PO Box)
3d. City, State, Zip
3e. Phone (1) 3f. Phone (2) 3g. Fax 3h. E-mail
Part 4–Property Owner(s)
Contact information for people or organizations owning the property(ies) where the project will occur. Consider both
upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. [help]
☒ Same as applicant. (Skip to Part 5.)
☐ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.)
☐ There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for
each additional property owner.
☐ Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don’t know, contact
the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to
apply for the Aquatic Use Authorization.
4a. Name (Last, First, Middle)
4b.Organization (If applicable)
4c. Mailing Address (Street or PO Box)
4d. City, State, Zip
4e. Phone (1) 4f. Phone (2) 4g. Fax 4h. E-mail
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Part 5–Project Location(s)
Identifying information about the property or properties where the project will occur. [help]
☐ There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA
Attachment B for each additional project location.
5a. Indicate the type of ownership of the property. (Check all that apply.) [help]
☒ Private
☐ Federal
☐ Publicly owned (state, county, city, special districts like schools, ports, etc.)
☐ Tribal
☐ Department of Natural Resources (DNR) – managed aquatic lands (Complete JARPA Attachment E)
5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [help]
Killapie Beach Rd. Lots 9,10 &11
5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [help]
Port Ludlow, WA. 98365
5d. County [help]
Jefferson
5e. Provide the section, township, and range for the project location. [help]
¼ Section Section Township Range
2 27N 1E
5f.Provide the latitude and longitude of the project location. [help]
Example: 47.03922 N lat. / -122.89142 W long. (Use decimal degrees - NAD 83)
47.8658836143N lat/-122.642268001W long-83/.91 horizontal datum
5g.List the tax parcel number(s) for the project location. [help]
The local county assessor’s office can provide this information.
965100009-965100010-965100011
5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) [help]
Name Mailing Address Tax Parcel # (if known)
Robert Major Carson P.O. box 181 Port Gamble,WA.98364 965100012
Venkataraman Ramanathan &
Ramaa Jagadeesan
394 Avvai Shanmugam Salai #4 965100008 Gopalapuram Chennai 600086 India
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5i. List all wetlands on or adjacent to the project location. [help]
none
5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [help]
Upper Hood Canal - Termanation Point Hood Canal
5k. Is any part of the project area within a 100-year floodplain? [help]
☐ Yes ☒ No ☐ Don’t know
5l. Briefly describe the vegetation and habitat conditions on the property. [help]
Natural shrub, trees and wild blackberries.
5m. Describe how the property is currently used. [help]
Raw land
5n. Describe how the adjacent properties are currently used. [help]
Raw land
5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current
condition. [help]
In the tide lands Old rusting racks and bags on the bottom left by previous oyster farm (Sea Garden) . Army
Corps of Engineers contacted me with pictures looking to know who left equipment. Sea Garden no longer in
business , I told Army Corps of Engineers when I am able to plant I will remove the old rusting racks while
installing my gear.
5p. Provide driving directions from the closest highway to the project location, and attach a map. [help]
Highway 104 to Hood Canal bridge - exit on Jefferson County side then take first left to Shine Rd. Take left onto
Killapie Beach Rd. -drive past End of County road sign and follow the road to the end.
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Part 6–Project Description
6a. Briefly summarize the overall project. You can provide more detail in 6b. [help]
To grow Kumamoto oysters using Seapa baskets attached to re-bar structure resembling French method.
6b. Describe the purpose of the project and why you want or need to perform it. [help]
I want to re-establish pre existing oyster farm on the same property.
6c. Indicate the project category. (Check all that apply) [help]
☒ Commercial ☐ Residential ☐ Institutional ☐ Transportation ☐ Recreational
☐ Maintenance ☐ Environmental Enhancement
6d. Indicate the major elements of your project. (Check all that apply) [help]
☒ Aquaculture
☐ Bank Stabilization
☐ Boat House
☐ Boat Launch
☐ Boat Lift
☐ Bridge
☐ Bulkhead
☐ Buoy
☐ Channel Modification
☐ Culvert
☐ Dam / Weir
☐ Dike / Levee / Jetty
☐ Ditch
☐ Dock / Pier
☐ Dredging
☐ Fence
☐ Ferry Terminal
☐ Fishway
☐ Float
☐ Floating Home
☐ Geotechnical Survey
☐ Land Clearing
☐ Marina / Moorage
☐ Mining
☐ Outfall Structure
☐ Piling/Dolphin
☐ Raft
☐ Retaining Wall
(upland)
☐ Road
☐ Scientific
Measurement Device
☐ Stairs
☐ Stormwater facility
☐ Swimming Pool
☐ Utility Line
☐Other:
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6e. Describe how you plan to construct each project element checked in 6d. Include specific construction
methods and equipment to be used. [help]
Identify where each element will occur in relation to the nearest waterbody.
Indicate which activities are within the 100-year floodplain.
Using 1/2 in. Re-bar racks 1 meter wide by 5 meters long & 1 meter high. The bottom 8 inches angled 90
degrees buried 8 inches into the sand. Attach Seapa baskets using Seapa storm clips. All the welding
together will be done in uplands and taken to the approved growing area between- positive 4 to negative 4.2
6f. What are the anticipated start and end dates for project construction? (Month/Year) [help]
If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase
or stage.
Start Date: upon receiving
permission from Army
Corp of Engineers.
End Date: ☐ See JARPA Attachment D
6g. Fair market value of the project, including materials, labor, machine rentals, etc. [help]
Racks -baskets -supplies oyster spat, permits and licenses $30,000.00
6h. Will any portion of the project receive federal funding? [help]
If yes, list each agency providing funds.
☐ Yes ☒ No ☐ Don’t know
Part 7–Wetlands: Impacts and Mitigation
☒ Check here if there are wetlands or wetland buffers on or adjacent to the project area.
(If there are none, skip to Part 8.) [help]
7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help]
☒ Not applicable
7b. Will the project impact wetlands? [help]
☐ Yes ☐ No ☐ Don’t know
7c. Will the project impact wetland buffers? [help]
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☐ Yes ☐ No ☐ Don’t know
7d. Has a wetland delineation report been prepared? [help]
If Yes, submit the report, including data sheets, with the JARPA package.
☐ Yes ☐ No
7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating
System? [help]
If Yes, submit the wetland rating forms and figures with the JARPA package.
☐ Yes ☐ No ☒ Don’t know
7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help]
If Yes, submit the plan with the JARPA package and answer 7g.
If No, or Not applicable,explain below why a mitigation plan should not be required.
☐ Yes ☐ No ☒ Don’t know
Nothing built having adverse impact on waterbodies (Hood Canal) .
7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was
used to design the plan. [help]
7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the
impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a
similar table, you can state (below) where we can find this information in the plan. [help]
Activity (fill,
drain, excavate,
flood, etc.)
Wetland
Name1
Wetland
type and
rating
category2
Impact
area (sq.
ft. or
Acres)
Duration
of impact3
Proposed
mitigation
type4
Wetland
mitigation area
(sq. ft. or
acres)
1 If no official name for the wetland exists, create a unique name (such as “Wetland 1”). The name should be consistent with other project documents,
such as a wetland delineation report.
2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms
with the JARPA package.
3 Indicate the days, months or years the wetland will be measurably impacted by the activity. Enter “permanent” if applicable.
4 Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In-lieu fee (B)
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Page number(s) for similar information in the mitigation plan, if available:
7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in
cubic yards that will be used, and how and where it will be placed into the wetland. [help]
7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in
cubic yards you will remove, and where the material will be disposed. [help]
Part 8–Waterbodies (other than wetlands): Impacts and Mitigation
In Part 8, “waterbodies” refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [help]
☒ Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.)
8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment.
[help]
☐ Not applicable
This property was previous used by Sea Garden (WA0765SS) for commercial oyster and clam farming. They
left their dilapidated gear sets on the beach floor it is our intent to clean up the beach bottom of the rusted
rebar racks and plastic shellfish bags.
It is our plan to use Seapa shellfish baskets on new rebar racks. They will be installed using the French
method . This will keep the oysters and their gear off the bottom allowing sunlight to reach the bottom . This
should allow grass to grow freely on the beach floor for the first time since 1956 when Sea Garden first started
operation.
8b. Will your project impact a waterbodie or the area around a waterbodie? [help]
☐ Yes ☒ No
8c. Have you prepared a mitigation plan to compensate for the project’s adverse impacts to non-wetland
waterbodies? [help]
If Yes, submit the plan with the JARPA package and answer 8d.
If No, or Not applicable, explain below why a mitigation plan should not be required.
☐ Yes ☒ No ☐ Don’t know
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We have already cleaned up the uplands of the debre left behind by the previous owners. We are currently
meeting requirements set forth by the Washington State Department of Health WA1959.
8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was
used to design the plan.
If you already completed 7g you do not need to restate your answer here. [help]
Beach access was left behind by previous owners, no new need for watershed approach
8e. Summarize impact(s) to each waterbody in the table below. [help]
Activity (clear,
dredge, fill, pile
drive, etc.)
Waterbody
name1
Impact
location2
Duration
of impact3
Amount of material
(cubic yards) to be
placed in or removed
from waterbody
Area (sq. ft. or
linear ft.) of
waterbody
directly affected
1 If no official name for the waterbody exists, create a unique name (such as “Stream 1”) The name should be consistent with other documents
provided.
2 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and
indicate whether the impact will occur within the 100-year flood plain.
3 Indicate the days, months or years the waterbody will be measurably impacted by the work. Enter “permanent” if applicable.
8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards)
you will use, and how and where it will be placed into the waterbody. [help]
8g.For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging,
type and amount of material you will remove, and where the material will be disposed. [help]
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NA
Part 9–Additional Information
Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of
this section as you can. It is ok if you cannot answer a question.
9a. If you have already worked with any government agencies on this project, list them below. [help]
Agency Name Contact Name Phone Most Recent
Date of Contact
WA. State Health
Department
Cari Franz-West 360-236-3326
360-507-4963
3/30/2023
WA. State Fish & Wild
Life- Aquatic Division
Aquatic Farm Registration
13139301
9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington
Department of Ecology’s 303(d) List? [help]
If Yes, list the parameter(s) below.
If you don’t know, use Washington Department of Ecology’s Water Quality Assessment tools at: https://ecology.wa.gov/Water-
Shorelines/Water-quality/Water-improvement/Assessment-of-state-waters-303d.
☐ Yes ☒ No
9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help]
Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC.
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171100180800 (Hood Canal)
9d. What Water Resource Inventory Area Number (WRIA #) is the project in? [help] (WRIA#17)
Go to https://ecology.wa.gov/Water-Shorelines/Water-supply/Water-availability/Watershed-look-up to find the WRIA #.
WRIA#17
9e. Will the in-water construction work comply with the State of Washington water quality standards for
turbidity? [help]
Go to https://ecology.wa.gov/Water-Shorelines/Water-quality/Freshwater/Surface-water-quality-standards/Criteria for the
standards.
☐ Yes ☐ No ☒ Not applicable
9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline
environment designation? [help]
If you don’t know, contact the local planning department.
For more information, go to: https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-
planning/Shoreline-laws-rules-and-cases.
☐ Urban ☐ Natural ☒ Aquatic ☐ Conservancy ☐ Other:
9g. What is the Washington Department of Natural Resources Water Type? [help]
Go to http://www.dnr.wa.gov/forest-practices-water-typing for the Forest Practices Water Typing System.
☒ Shoreline ☐ Fish ☐ Non-Fish Perennial ☐ Non-Fish Seasonal
9h. Will this project be designed to meet the Washington Department of Ecology’s most current stormwater
manual? [help]
If No, provide the name of the manual your project is designed to meet.
☒ Yes ☐ No
Name of manual:
9i. Does the project site have known contaminated sediment? [help]
If Yes, please describe below.
☐ Yes ☒ No
9j. If you know what the property was used for in the past, describe below. [help]
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This had been a commercial Oyster and Clam Farm (Sea Garden WA0765ss).
9k. Has a cultural resource (archaeological) survey been performed on the project area? [help]
If Yes, attach it to your JARPA package.
☐ Yes ☒ No
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9l. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the
project area or might be affected by the proposed work. [help]
Our work will not effect species listed under the Federal endangerment species act.
9m. Name each species or habitat on the Washington Department of Fish and Wildlife’s Priority Habitats and
Species List that might be affected by the proposed work. [help]
Reclamating a deralick shellfish farm will only enrich a already unhealthy beach.
Part 10–SEPA Compliance and Permits
Use the resources and checklist below to identify the permits you are applying for.
Online Project Questionnaire at http://apps.oria.wa.gov/opas/.
Governor’s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov.
For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA.
10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help]
For more information about SEPA, go to https://ecology.wa.gov/regulations-permits/SEPA-environmental-review.
☐ A copy of the SEPA determination or letter of exemption is included with this application.
☐ A SEPA determination is pending with (lead agency). The expected decision date
is .
☐ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) [help]
☐ This project is exempt (choose type of exemption below).
☐ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt?
☒ Other: This is same property/tidelands used by SeaGarden oyster and clam farm 1956 to 2017.
☐ SEPA is pre-empted by federal law.
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10b. Indicate the permits you are applying for. (Check all that apply.) [help]
LOCAL GOVERNMENT
Local Government Shoreline permits:
☐ Substantial Development ☐ Conditional Use ☐ Variance
☒ Shoreline Exemption Type (explain): was sellfish farm by Sea Garden since 1956 to 2017
Other City/County permits:
☐ Floodplain Development Permit ☐ Critical Areas Ordinance
STATE GOVERNMENT
Washington Department of Fish and Wildlife:
☐ Hydraulic Project Approval (HPA) ☐ Fish Habitat Enhancement Exemption – Attach Exemption Form
Washington Department of Natural Resources:
☒ Aquatic Use Authorization
Complete JARPA Attachment E and submit a check for $25 payable to the Washington Department of Natural Resources.
Do not send cash.
Washington Department of Ecology:
☐ Section 401 Water Quality Certification
☐ Authorization to impact waters of the state, including wetlands (Check this box if the proposed impacts
are to waters not subject to the federal Clean Water Act)
FEDERAL AND TRIBAL GOVERNMENT
United States Department of the Army (U.S. Army Corps of Engineers):
☐ Section 404 (discharges into waters of the U.S.) ☒ Section 10 (work in navigable waters)
United States Coast Guard:
For projects or bridges over waters of the United States, contact the U.S. Coast Guard at:
☐ Bridge Permit: D13-SMB-D13-BRIDGES@uscg.mil
☒ Private Aids to Navigation (or other non-bridge permits): D13-SMB-D13-PATON@uscg.mil
United States Environmental Protection Agency:
☐Section 401 Water Quality Certification (discharges into waters of the U.S.) on tribal lands where tribes do
not have treatment as a state (TAS)
Tribal Permits:(Check with the tribe to see if there are other tribal permits, e.g., Tribal Environmental Protection Act, Shoreline
Permits, Hydraulic Project Permits, or other in addition to CWA Section 401 WQC)
☐ Section 401 Water Quality Certification (discharges into waters of the U.S.) where the tribe has treatment
as a state (TAS).
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