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Home My WebLink About034 SEPA Threshold DeterminationFrom:NoReply@ecy.wa.gov To:Donna Frostholm Subject:SEPA record published Date:Tuesday, May 20, 2025 8:07:44 AM ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. The SEPA admin reviewed and published SEPA record number 202502085, "Rock Island Shellfish". It will now be available to the public. From: Kelli Price Email: separegister@ecy.wa.gov Phone number: (206) 594-0014 You don't often get email from gballard@co.jefferson.wa.us. Learn why this is important From:Jesse DeNike To:Greg Ballard; Donna Frostholm Subject:RE: Re-issuance of MDNS for Rock Island Shellfish Date:Tuesday, May 20, 2025 11:41:39 AM ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Donna: Thank you for the call just now. I appreciate you getting back to me so promptly on this. Jesse From: Jesse DeNike Sent: Tuesday, May 20, 2025 10:46 AM To: Greg Ballard <GBallard@co.jefferson.wa.us>; Donna Frostholm <DFrostholm@co.jefferson.wa.us> Subject: RE: Re-issuance of MDNS for Rock Island Shellfish Thanks, Greg. Can you or Donna please call me at your convenience to explain this? I think I understand but want to confirm. I know Rock Island Shellfish will want to clearly understand this. Jesse (206) 225-4148 From: Greg Ballard <GBallard@co.jefferson.wa.us> Sent: Tuesday, May 20, 2025 10:33 AM To: Donna Frostholm <DFrostholm@co.jefferson.wa.us> Subject: RE: Re-issuance of MDNS for Rock Island Shellfish Here is the MDNS issued 5/20/2025 with the new SEPA appeal date of 6/3/25 in case you have troubles accessing it on the Ecology Register link below From: Greg Ballard Sent: Tuesday, May 20, 2025 9:58 AM To: Donna Frostholm <DFrostholm@co.jefferson.wa.us> Subject: Re-issuance of MDNS for Rock Island Shellfish To interested parties DCD re-issued MDNS for this proposal today to correct the appeal date on the threshold determination. You can see the MDNS at the Ecology SEPA Register here Please contact Donna Frostholm with any questions. From:Marilyn Showalter To:Greg Ballard Cc:Josh Peters; Donna Frostholm; Philip Hunsucker Subject:Errors in Notice of MDNS SDP2024-00006 Rock Island Date:Friday, May 16, 2025 12:52:39 PM Attachments:Showalter-Ballard att SDP24-00006.pdf ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hi, Greg, Please see the attached letter regarding significant errors in the notice portion of the MDNS SDP2024--00006, which you signed and issued yesterday. I would appreciate a prompt response, because one of the errors is an erroneous deadline for appeal of May 21, 2025. I believe the notice must be re-issued with a new deadline and other corrections. Thanks--Marilyn Marilyn Showalter 1596 Shine Rd Port Ludlow, WA 98365 (360) 259-1700 (cell) marilyn.showalter@gmail.com M A R I L Y N S H O W A L T E R 1596 Shine Road,Port Ludlow, WA 98365 marilyn.showalter@gmail.com, 360-259-1700 May 16, 2025 Greg Ballard Code Compliance Officer Department of Community Development Jefferson County Washington BY EMAIL gballard@co.jefferson.wa.us Re: Deficient Notice of MDNS, Rock Island SDP24-00006 Dear Greg: I received the attached MDNS yesterday, May 15, 2025, the day you signed it. The “Notice” portion in second half of the document contains serious errors and conflicts. It needs to be revised and re-issued. I’m dismayed that some of these errors are the very same ones that previous notices have contained and which I’ve pointed out. Now there are even more errors. I’ve attached a mark-up on the Notice portion of the document. The errors include: • The wrong time period (too short) for appeal, per the stated deadline date • Conflicting stated time-periods for appeal • Conflicting hour-times for delivering an appeal • The wrong office to receive an appeal • The wrong address for delivering an appeal • Requirements for an appeal that are not contained in Jefferson County Hearing Examiner’s Rules of Procedure (some of which were repealed in 2019) • The absence of a requirement for an appeal that is in the procedural rules • References to “sections” and “subsections” that are not in or cited in the document • Mischaracterization of the nature of the document Please advise me as soon as possible that the stated May 21, 2025, deadline date is void. Sincerely, Marilyn Showalter Marilyn Showalter Attached: Markup of Notice portion; and whole MDNS document SDP2024-00006 Cc: Josh Peters, Donna Frostholm, and Phil Hunsucker NOTICE OF MITIGATED DETERMINATION OF NON-SIGNIFICANCE (MDNS): Jefferson County has determined that the above-described proposal, conducted in conformance with the applicable Jefferson County Codes and Ordinances, would not have a probable significant adverse impact on the environment, and an environmental impact statement is not required under RCW 43.2 IC.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the Jefferson County Development Review Division. COMMENT PERIOD: This MDNS is issued after using the optional DNS process in WAC 197-11-355. Jefferson County has considered comments on its preliminary determination of non-significance. There is no further comment period on the DNS. APPEAL PERIOD: Any appeal of this determination on the basis of noncompliance with the provision of Chapter 43.2lc RCW (State Environmental Policy Act) must be submitted in writing by 4:30 p.m. on May 21, 2025 to the Jefferson County Development Review Division (Jefferson County Department of Community Development, 621 Sheridan Street, Port Townsend, Washington 98368) for consideration by the Jefferson County Hearing Examiner. Per JCC 18.40.810, the decision of the responsible official on Type II and III permits making a threshold determination of a MDNS, approving a proposal subject to conditions, or denying a project under SEPA's substantive authority may be appealed to the Hearing Examiner pursuant to JCC 18.40.280. The open record public hearing on the SEPA appeal shall be before the Hearing Examiner, who shall consider the appeal together with the decision on the project application in a single, consolidated hearing as further set forth in Article IV of this chapter. Any requests for reconsideration shall be governed by JCC 18.40.310. The responsible official's MDNS may be appealed to the Hearing Examiner by the applicant or anyone commenting on the environmental impacts of the proposal (as further set forth in JCC 18.40.810). The appeal must be in writing, in conformance with JCC 18.40.330, and be filed within 14 calendar days after the threshold determination is issued as set forth in subsection (4) of this section. Appeals of environmental determinations under SEPA, shall be consolidated with any open record hearing on the project permit. (See RCW 36.70B.110(6)(d)). A notice of appeal shall be delivered to the Administrator by mail or by personal delivery, and must be received by 4:00 p.m. on the last business day of the appeal period, with the required appeal fee of$1,400. The notice of appeal shall contain a concise statement identifying: • The decision being appealed and the identification of the application which is the subject of the appeal; • The name, address, and phone number of the appellant and his/her interest in the matter; •Appellant's statement describing standing to appeal (i.e., how he/she is affected by or interested in the decision); • The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong; •The desired outcome or changes to the decision; and •A statement that the appellant has read the appeal and believes the contents to be true, signed by the appellant. Any notice of appeal not in full compliance with this Section shall not be considered. Commented [MS1]: This term “Notice” should be in the top title of the issued MDNS document, to alert the reader that it is both an MDNS and a Notice of the MDNS. Alternatively, the Notice should be issued as a separate document. Commented [MS2]: This time conflicts with the time of 4:00 pm further down in this Notice. Commented [MS3]: This date (May 21, 2025) is SIX days following posting and distribution of this Notice (May 15, 2025). It also conflicts with a 14-day allowance further down in this Notice, and with Hearing Examiner Rules of Procedure 3.1(a). Commented [MS4]: This is the wrong office and the wrong address to bring an appeal. Per Hearing Examiner Rules of Procedure 3.1(a), an appeal must be filed with the Office of the Hearing Examiner. Commented [MS5]: There is no “Article IV of this chapter” in this Notice. The highlighted language appears to be a copy/paste from the JCC but it needs to be modified to be appropriate to a Notice. Commented [MS6]: A 14-day period conflicts with the six-day period and date at the beginning of the MDNS. See also Hearing Examiner Rules of Procedure 3.1(a). Commented [MS7]: The MDNS is titled as a “Final” determination, not a “threshold determination.” Commented [MS8]: There us no “subsection (4)” or “this section” in this Notice. Commented [MS9]: As previously stated, under Hearing Examiner Rules of Procedure 3.1(a), the appeal must be filed with the Hearing Examiner’s office, not the “Administrator.” Commented [MS10]: “4:00 pm” conflicts with “4:30 pm” at the beginning of the Notice. Commented [MS11]: These factors both require elements that are NOT in Hearing Examiner’s Rules of Procedure 3.1(b) and omit a factors th.a..t IS required.Commented [MS12]: There is no “Section” in the MDNS and the whole sentence is in error Jefferson County, Washington Hearing Examiner Rules of Procedure: From:Donna Frostholm To:Marilyn Showalter Subject:SDP2024-00006 Rock Island Shellfish - SEPA MDNS Date:Thursday, May 15, 2025 2:08:00 PM Attachments:24-6 mdns_001.pdf Marilyn, You are receiving this email because you provided a comment on the above-referenced application. The SEPA Threshold Determination has been issued by the county. Regards, Donna Frostholm, PWS Associate Planner - Lead/Wetland Specialist Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, Washington 98368 360-379-4466 dfrostholm@co.jefferson.wa.us DCD IS OPEN MONDAY – THURSDAY FROM 9:00 – 12:00 and 1:00 - 4:30; CLOSED FRIDAY. All emails sent to and from this address will automatically be archived by Jefferson County and emails may be subject to Public Disclosure under Chapter 42.56 RCW. From:Donna Frostholm To:Eric Kuzma Subject:SDP2024-00006 Rock Island Shellfish - SEPA Threshold Determination Date:Thursday, May 15, 2025 2:05:00 PM Attachments:24-6 mdns_001.pdf Eric, You are receiving this email because Terry Duff provide a comment when this application for a new shellfish farm was noticed last year. I have since contacted you about Killapie Beach Rd. Attached is the SEPA Threshold Determination. Regards, Donna Frostholm, PWS Associate Planner - Lead/Wetland Specialist Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, Washington 98368 360-379-4466 dfrostholm@co.jefferson.wa.us DCD IS OPEN MONDAY – THURSDAY FROM 9:00 – 12:00 and 1:00 - 4:30; CLOSED FRIDAY. All emails sent to and from this address will automatically be archived by Jefferson County and emails may be subject to Public Disclosure under Chapter 42.56 RCW. From:Donna Frostholm To:Jesse DeNike Subject:SDP2024-00006 Rock Island Shellfish - SEPA Threshold Determination Date:Thursday, May 15, 2025 3:08:00 PM Attachments:24-6 mdns_001.pdf Jesse, Attached is the MDNS for the shellfish farm proposed by Robert Carson. As for the public hearing, I have asked the Office of the Hearing Examiner to suggest some dates for the public hearing. Once I hear from them (likely next week), I will check in with you. Regards, Donna Frostholm, PWS Associate Planner - Lead/Wetland Specialist Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, Washington 98368 360-379-4466 dfrostholm@co.jefferson.wa.us DCD IS OPEN MONDAY – THURSDAY FROM 9:00 – 12:00 and 1:00 - 4:30; CLOSED FRIDAY. All emails sent to and from this address will automatically be archived by Jefferson County and emails may be subject to Public Disclosure under Chapter 42.56 RCW. From:NoReply@ecy.wa.gov To:Donna Frostholm Subject:SEPA record published Date:Thursday, May 15, 2025 1:58:07 PM ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. The SEPA admin reviewed and published SEPA record number 202502023, "Rock Island Shellfish". It will now be available to the public. From: Joe Thomas Email: separegister@ecy.wa.gov Phone number: (360) 407-6300