HomeMy WebLinkAbout016 Email - ShowalterDonna Frostholm
From: Marilyn Showalter <marilyn.showalter@gmail.com>
Sent: Wednesday, November 13, 2024 4:06 PM
To: Donna Frostholm
Cc: Philip Hunsucker
Subject: THIRD and FOURTH Defects in the Notice in Rock ISLAND Public Notice and Request for
Re -Issuance SDP2024-00006
Attachments: Notice of App Rock ISLAND.pdf
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are
not expecting them.
Donna and Phil,
On August 29, 2024, 1 wrote (see email below) to object to two deficiencies of the Notice in the Rock Island
hanging -rack oyster proposal: 1) 1 was not notified, despite my request to be notified; and 2) the stated
deadline for comment preceded the issuance of the Notice. I requested that a new Notice be issued. Other
than an acknowledgement of receipt, I've heard no response.
I wish to add THIRD and FOURTH defects: the wrong case number, and false and misleading statements
of law.
THIRD DEFECT
The caption of the Notice in the file (attached) states that the case is SDP2024-00001: (I repeated this number
in my email of August 29, 2024, assuming it was correct.)
JEFFERSON COUNTY
PUBLIC NOTICE OF TYPE III LAND USE APPLICATION
SDP2024-00001
But that number appears to be related to the application for a FLUPSY in Quilcene/Dabob Bay. Clicking on
that number on the County's new "Self -Help" site, one finds:
Next I Top I Paging Options I Filter Options I Main Menu
Plan Number SDP2024-00001 Applied Date 12/05/2023
Type Shoreline (SDP)SHORELINESUBSTANTIALDEVELOPMENT Completion Date
Expiration Date Status In Review
Main Parcel 701091001 Project Name
Address 1733 DABOB POST OFFICE RD QUILCENE WA 98376
Description After -the -fact SSDP for operation of a Floating Upwelling System (FLUPSY) used to grow shellfish seed
that is grown on Rock Point Oyster's existing shellfish farms, including its adjacent farm in Tarboo Bay
1
Furthermore, there are no documents shown as attachments at this site:
Plan Number. SDP2024-00001
Type:
Shoreline (SDP) SHORELINE
Status: In Review
SUBSTANTIAL
DEVELOPMENT
Protect Name:
NR Number.
71091
Applled Date: 12/05/2023
Fxphadon Date:
12/04/2028
District:
Type III
Assigned To: Frostholm, Donna
Completion Date:
Description: After- the- fact SSDP for operation of a Floating Upwelling System(FLUPSY) used to grow shellfish seed
that is grown on Rock Point Oyster's existing shellfish farms, inducing its adjacent farm in Tarboo Bay
Summary Locations Fee, Reviews J= Contacts
Attachments
No records to display.
The notice thus gives inaccurate and misleading information, in violation of JCC 18.40.220 (2) and JCC
18.40.190 (13), which require a notice to inform the public on how to find out more information on
an application.
I now see, having checked the Port Townsend Leader, that the notice that was published in the newspaper
uses the number SDP2024-00006. I suggest adding a note in the public file that the notice in the file has the
wrong number. I do NOT suggest removing the faulty notice, as it is a public record. In addition, it would be
cured by issuing a new public notice resetting the process, as I've previously requested (and which could state
that the first one has defects).
FOURTH DEFECT
As the Notice notes, accurately, at its beginning, it is for a "substantial development permit application."
Toward the end of the Notice, however, it states (underlining for emphasis is mine):
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 II I permit application will be made by the Hearing
Examiner, Decisions of the Hearing Examiner may not be further appealed except to Superior Court.
Contrary to the County SEPA official's determination, a final decision by the County for a Substantial
Development Permit under the State Shorelines Management Act (SMA) is appealable to the Shorelines
Hearings Board (SHB). The Notice seems to have missed the fact that the application is subject to the
SMA/SMP. Please review:
JCC 18.40.190 (9)
Chapter 1 8.40 PERMIT APPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
RCW 90.58.180: Review of granting,denying, or rescinding permits by shorelines hearings board —Board to
act —Local aovernment appeals to board —Grounds for declaring rule, regulation, or -guideline invalid—Ampeals
to court —Consolidated appeals.
and
AP peaIin a Shoreline Permit - Wash in ton State De partment of EcoIo
What permits can be appealed?
There are three types of shoreline permits that can be appealed to the SHB:
Substantial development permits: A permit for development that meets
a specific dollar threshold and is considered "substantial development"
under the state Shoreline Management Act (RCW 90.58.030(3),(g))L.
Conditional use permit: A permit for use, development, or substantial
development that is classified as a conditional use in applicable shoreline
master program (SMP) or is not classified at all in the SMP.
• Variance permit: A permit that grants relief from specific bulk,
dimensional, or performance standards in the applicable SMP.
The Notice flatly contradicts the law, in violation of JCC 18.40.190 (9):
JCC 18.40.190 Notice of application — Contents.
The notice of application shall include the following:
9) Statements of the right of any person to comment on the application, become a party of record,
receive notice of and participate in any hearings, request a copy of the decision once made, and any
appeal rights;
The Notice has not stated the actual appeal rights, so it does not comply with JCC 18.40.190, and misleads
any reader.
These defects are two more reasons --and serious ones --why the Notice must be re -issued with appropriate
caption, to the appropriate parties, with a lawful deadline, and with legally accurate statements of law.
In addition, this SAME false and misleading statement of law is contained in the Notice of Application
for Rock POINT, SDP2024-00001, on for public hearing tomorrow. I am not planning to appear there, but I
think it is your obligation to bring this issue to the hearing examiner's attention, as the defect is in a
foundational procedural document. I will send a separate email on this point, with the appropriate caption --in
an attempt to keep the two "Rocks" separate.
Please acknowledge receipt of this email, and please post this email chain in the online file Rock ISLAND,
SDP2024-00006.
Thank you --Marilyn
Marilyn Showalter
1596 Shine Rd
Port Ludlow, WA 98365
(360) 259-1700 (cell)
marilyn.showalter(a-) maiI,com
On Thu, Aug 29, 2024 at 12:03 PM Marilyn Showalter <maril n.showaiter mail.com> wrote:
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)
mari[Vn.showalter@p,mail.com
---------- Forwarded message ---------
From: Donna Frostholm<DFrostliolm@co.iefferson.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.showaiter@gmail.corn>
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 ,email.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 <JPete rs@co-Iefferson.wa.us>; Donna Frostholm <DFrostholm@co.iefferson.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 <ieffersoncount wa ov a.us>
Date: Thu, Nov 30, 2023 at 10:17 AM
Subject: County Public Records Request:: C002180-113023
To: marilyn.showalter@gmaii.com <marily-n.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 'effersoncount wa m custhel .net please check your junk mail.
You may need to add 'effersoncountywa@mvcusthelp.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) receive 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:
lit[ s Htest.co. jefferson,wa.uslWeblink ExternallBrowse.as x?id=5992344&dbiti=0&reomJefferson
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/