HomeMy WebLinkAbout010 Comment from ShowalterFrom:Marilyn Showalter
To:Donna Frostholm
Cc:Philip Hunsucker
Subject:Objection to Defective Notice in SDP 24-00001 Rock Island and Request for Re-Issuance
Date:Thursday, August 29, 2024 12:04:47 PM
Attachments:Notice 7-10-2024.pdf
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hello, Donna.
I have just become aware of a Notice (attached) in SDP 24-00001 Rock Island. The Notice is
defective for at least two reasons:
1) The deadline for comment is erroneous, as it is before the date of issuance. (The Notice
was issued July 10, 2024. The stated deadline for comment is May 3, 2024.)
2) The Notice was not sent to all parties of record. As the email exchange below establishes,
I requested to be notified of any process under the county SMP regarding Rock Island and
related parcels. Included in that email exchange is the following paragraph from me to you
and Josh Peters, dated November 30, 2023.
This email is to notify you that IF Rock Island Shellfish and/or Robert Carson and/or the
Port Gamble S'kallam tribe has applied for an exemption under the SMA or county SMP
on parcels 965100009, 965100010, and 965100011 (and related tidelands if they have
different parcel numbers), I oppose such an exemption, and request a standard
Conditional Use Permit process to examine the application. I further request to be
notified of any permit processes associated with aquaculture on these parcels.
(Yellow highlighting in original. Bolding added here.)
In order to cure these defects, I request that you issue a new notice to all parties of record,
including me, and provide in the notice a lawful comment deadline.
Thank you--Marilyn Showalter
Marilyn Showalter
1596 Shine Rd
Port Ludlow, WA 98365
(360) 259-1700 (cell)
marilyn.showalter@gmail.com
---------- Forwarded message ---------
From: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Date: Mon, Dec 4, 2023 at 3:47 PM
Subject: FW: Objection to Any Request for SMA Exemption re Parcels 965100009,
965100010, and 965100011-CORRECTION
To: Marilyn Showalter <marilyn.showalter@gmail.com>
Correction: The email below should have said ‘Rock Island’ (NOT Rock Point).
From: Donna Frostholm
Sent: Monday, December 4, 2023 2:03 PM
To: Marilyn Showalter <marilyn.showalter@gmail.com>
Subject: RE: Objection to Any Request for SMA Exemption re Parcels 965100009,
965100010, and 965100011
Marilyn,
DCD has no record of receiving an application for the Rock Point aquaculture proposal.
The information for the public records request will come in a separate email.
Regards,
Donna Frostholm
Jefferson County DCD
From: Marilyn Showalter <marilyn.showalter@gmail.com>
Sent: Thursday, November 30, 2023 11:05 AM
To: Josh Peters <JPeters@co.jefferson.wa.us>; Donna Frostholm
<DFrostholm@co.jefferson.wa.us>
Subject: Objection to Any Request for SMA Exemption re Parcels 965100009, 965100010,
and 965100011
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hello, Josh and Donna,
This email is to notify you that IF Rock Island Shellfish and/or Robert Carson and/or the Port
Gamble S'kallam tribe has applied for an exemption under the SMA or county SMP on
parcels 965100009, 965100010, and 965100011 (and related tidelands if they have different
parcel numbers), I oppose such an exemption, and request a standard Conditional Use Permit
process to examine the application. I further request to be notified of any permit processes
associated with aquaculture on these parcels.
I've attached a document from the state Department of Ecology, in which Rock Island
Shellfish proposes to cultivate oysters on these parcels. They assert that they need an SMA
permit from the County AND that they have applied for an exemption. (See pp2-3 of the
attachment.)
It's not clear, from the minimal information I have, whether these are tidelands that have
actually been cultivated before, or, if so, whether the proposal amounts to an expansion
requiring a CUP. If the area has been cultivated before, the proposal clearly calls for a
significant change in cultivating methods, i.e., bent rebar and hard-plastic "Seaba baskets"
which likely would require a CUP.
Perhaps you have a JARPA with some baseline information. I have made a public records
request (see below) that would include it, if you have it.
If Carson/Rock Island has NOT applied for a permit or exemption under the SMA, I would
like to know that, too, as it would indicate a serious error on the ECY document.
Thank you--Marilyn
Marilyn Showalter
1596 Shine Rd
Port Ludlow, WA 98365B
(360) 259-1700 (cell)
marilyn.showalter@gmail.com
---------- Forwarded message ---------
From: JEFFERSON COUNTY SUPPORT <jeffersoncountywa@govqa.us>
Date: Thu, Nov 30, 2023 at 10:17 AM
Subject: County Public Records Request :: C002180-113023
To: marilyn.showalter@gmail.com <marilyn.showalter@gmail.com>
Dear Marilyn Showalter:
Thank you for your interest in public records of Jefferson County. Your request has been
received and is being processed in accordance with the State of Washington Public Records
Act, Chapter 42.56 RCW. Your request was received in this office on 11/30/2023 and given
the reference number C002180-113023 for tracking purposes.
Records Requested: Please provide any records you have indicating an application or interest
by Robert Carson or the Port Gamble S'kallam tribe in cultivating shellfish on parcels
965100009, 965100010, or 965100011. I've attached a document from the state Department of
Ecology in which Carson/PGS (see pp 2-3) that they need an SMA permit the from the County
and that they have requested an SMA exemption from the County. I do not see any such
permit information linked to the Jefferson County Parcel Map app.
Your request will be forwarded to the relevant County department(s) to locate the information
you seek and to determine the volume and any costs associated with satisfying your request.
You will be contacted about the availability and/or provided with copies of the records in
question. PLEASE NOTE: The Public Records Act does not require a governmental body to
create new information, to do legal research, or to answer questions.
Not all public documents are available in electronic format. If the document(s) requested are
not available electronically, we will make them available for inspection or by paper copy in
accordance with the Public Records Act, Chapter 42.56 RCW
You can monitor the progress of your request at the link below and you'll receive an email
when your request has been completed. Again, thank you for using the Public Records
Center.
Jefferson County
If you do not see an acknowledgement/Confirmation email from jeffersoncountywa@mycusthelp.net please check
your junk mail. You may need to add jeffersoncountywa@mycusthelp.net to your safe senders list.
Communications with Jefferson County in regards to your public records request will come from this email address.
To monitor the progress or update this request please log into the Public Records Center.
JEFFERSON COUNTY
PUBLIC NOTICE OF TYPE III LAND USE APPLICATION
SDP2024-00001
APPLICANT:
ROCK ISLAND SHELLFISH
P.O. BOX 181
PORT GAMBLE, WA 98364
Application Received Date: June 3, 2024
Application Complete Date: June 27, 2024
Application Notice Date: July 10, 2024
SITE ADDRESS AND PROJECT LOCATION: HOOD CANALTIDELANDS AT PARCELS 965100009,
965100010, AND 965100011 (LOCATED ALONG THE SOUTH SIDE OF KILLAPIE BEACH ROAD)
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
Shoreline substantial development permit application and flood development permit application to raise
Kumamoto oysters (Crassostrea sikamea) within private tidelands in Squamish Harbor in a rack and basket
system. SEAPA baskets, a near-bottom culture system, will be installed, maintained, and operated within the
intertidal zone between +4 feet to -4.2 feet mean lower low water. Each basket will be stocked with oyster seed.
Oysters will be raised to full growth prior to being harvested and sold commercially. SEAPA baskets will be placed
in approximately two acres (of the six-acre project area). Native eelgrass (Zostera marina) occurs within the
intertidal zone and oysters will be raised at least 16.5 feet from any place where the native eelgrass is present.
Gear abandoned in the intertidal area by a previous aquaculture operation will be removed as part of this
proposal. The applicant submitted a Habitat Report and a Habitat Management Plan. The proposal is subject to
review under the State Environmental Policy Act (SEPA) and the applicant submitted an Environmental Checklist.
COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS:
The application and any studies may be reviewed at the Jefferson County Department of Community
Development. All interested persons are invited to (a) comment on the application; (b) r eceive notice of and
participate in any hearings; and (c) receive a copy of the decision by submitting such written
comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review
Division, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4450. Comments concerning this
application should be submitted to the Department by 4:30 p.m. on May 3, 2024. If the last day of the comment
period falls on a weekend or holiday, then the comment period shall be extended to the first working day after the
weekend or holiday. Comments submitted after this date may not be considered in the staff report. The
application submittal and related documents are available online:
https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx?id=5992344&dbid=0&repo=Jefferson
SEPA ENVIRONMENTAL REVIEW:
The optional DNS process of the State Environmental Policy Act (SEPA), Washington Administrative Code (WAC)
197-11-355 is being used. This may be the only opportunity to comment on the environmental impacts of the
proposal. DCD reviewed the proposal for probable adverse environmental impacts and expects to issue a DNS.
This determination is based upon a review of the SEPA Checklist, project submissions, and other available
information. The SEPA Official has determined that:
If the proposal is approved, policies and performance standards found in the Jefferson County Code and the
Jefferson County Comprehensive Plan will be used to form permit conditions intended to mitigate adverse
environmental impacts. Additional conditions or mitigation measures may be required under SEPA.
If the threshold determination is a Determination of Non-Significance (DNS) or a Mitigated Determination of
Non-Significance (MDNS), parties of record may appeal the decision to the Hearing Examiner within 14 days of
the final Notice of Decision. A Determination of Significance (DS) may not be appealed to the Hearing
Examiner. Decisions of the Hearing Examiner may not be further appealed except to Superior Court.
PUBLIC HEARING INFORMATION:
This is a Type III permit application. An open record hearing will be scheduled and separate public notice will be
provided at least 15 days prior to the hearing. A copy of the staff report will be made available for inspection at
no cost at least seven calendar days prior to such a hearing.
APPEALS:
The final permit decision for this Type III permit application will be made by the Hearing Examiner. Decisions of
the Hearing Examiner may not be further appealed except to Superior Court.
Project Planner: Donna Frostholm, 360-379-4466
For further information, please visit the Jefferson County Department of Community web page at
www.co.jefferson.wa.us/commdevelopment/