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HomeMy WebLinkAboutAP08 Ltr DeNike to Frostholm 12-21-2023Pacific Northwest Office 1218 3rd Ave, Suite 2000 Seattle, WA 98101 206.588.4188 Gulf Coast Office 1110 River Rd S, Suite 200 Baton Rouge, LA 70802 225.256.4026 December 21, 2023 Via email: dfrostholm@co.jefferson.wa.us Donna Frostholm Associate Planner-Lead/Wetland Specialist Jefferson County DCP RE: Rock Island Shellfish/Robert Carson Continuation of Shellfish Farming Activities Dear Ms. Frostholm: I represent Rock Island Shellfish, which is owned and operated by Robert Carson. You corresponded with Mr. Carson earlier regarding permitting requirements for continuation of shellfish farming activities by Rock Island Shellfish on private tidelands owned by Mr. Carson in Jefferson County. In an email dated September 26, 2023, you provided an initial indication that historical shellfish farming activities on the tidelands have been abandoned, but you stated it may be possible to demonstrate the operations are grandfathered based on supplying additional information. You also indicated that Jefferson County permitting requirements would be determined based on the types of shellfish being grown, harvest methods, and gear types. I am writing you this letter to provide additional details regarding historic and proposed shellfish farming activities on the tidelands, along with efforts by Rock Island Shellfish to continue farming activities. On behalf of Rock Island Shellfish, I am requesting a determination that new permits are not required by Jefferson County for shellfish farming activities for two reasons. First, continuation of shellfish farming activities on the property is governed by, and authorized under, JCC 18.25.440(4)(b). The issue of abandonment is inapplicable because it only arises in the context of nonconforming uses and development, which are “[l]egally established uses, buildings, structures and/or lots of record that do not meet the specific standards of this program . . .” JCC 18.25.660(1). Rock Island Shellfish’s farming activities on the properties meet the standards of the Jefferson County Shoreline Master Program (“SMP”) and thus are not non-conforming use or development subject to the abandonment doctrine. Second, even if the abandonment doctrine were applicable, shellfish farming activities on the properties have not been abandoned. A. Background Rock Island Shellfish is proposing to continue shellfish farming activities on private tidelands owned by Mr. Carson on Jefferson County parcel numbers 965100009, 965100010, 965100011, and CA received 08/05/25 EXHIBIT AP08 Donna Frostholm December 21, 2023 Page 2 of 7 965100012.1 These tidelands have been subject to commercial shellfish aquaculture since the 1950s. Specifically, these tidelands were farmed by Sea Garden Inc. since approximately 1953 through 2017, as referenced in your September 26 email. Sea Garden farmed various species of oysters on these tidelands using on- and off-bottom cultivation methods. Sea Garden obtained state licenses and approvals for its cultivation activities on these tidelands. It operated pursuant to a harvest site certificate and shippers license issued by the Washington State Department of Health (Facility ID: WA-0765-SS) and an aquatic farm registration issued by the Washington Department of Fish and Wildlife. Sea Garden’s farming activities pre-date enactment of the Shoreline Management Act of 1971 and adoption of the Jefferson County Shoreline Master Program, and the U.S. Army Corps of Engineers (“Corps”) did not require a permit for Sea Garden’s operations. Sea Garden transitioned out of shellfish farming in 2017, and the company left cultivated shellfish and equipment on the tidelands, thereby facilitating continuation of farming activities. The tidelands were sold to Farrell Property in 2017, who retained the shellfish and cultivation gear on the tidelands and continued paying taxes for the properties. Exhibits A-D.2 The tidelands were sold to Mr. Carson’s family in 2020, and Mr. Carson immediately began resumption of shellfish farming activities notwithstanding delays and disruptions caused by the COVID-19 pandemic. Among other things, Mr. Carson purchased oyster seed for a viability set to determine the growth rate of oysters on the tidelands. Exhibit E (receipt dated June 19, 2020 showing purchase of oyster seed from the Jamestown S’Klallam Tribe for Mr. Carson). Mr. Carson also contacted Jefferson County, who advised him of the need to apply for a harvest site certificate from the Washington State Department of Health. Exhibit F at 1. Mr. Carson then contacted the Department of Health and completed shellfish harvester training. Id. at 5-8. On advice from the Department of Health, Mr. Carson submitted a notice of intent to tribes within the area of Rock Island Shellfish’s plans to conduct larger scale plantings the following year, and he further coordinated with tribes to ensure protection of their treaty rights. Id. at 2-5, 9. Mr. Carson even had discussions with the County regarding rezoning the properties to an agricultural designation, ensuring they remain exclusively in aquaculture production. Id. at 11 (“The property’s are all now – residential and no buildings allowed. I would like it changed to General Agricultural to insure no exceptions are given. This is a beautiful pristine area and is perfect shellfish farm. Sea Garden operated a shellfish farm here for decades”). Mr. Carson then discussed farming operations on the tidelands with the Corps. The Corps informed Mr. Carson that the Corps currently requires permit authorization to farm shellfish on the tidelands. The Corps and Mr. Carson also discussed removal of cultivation equipment that remained on the tidelands from Sea Garden’s operations. Mr. Carson recovered and disposed of easily-removable gear that was in danger of creating debris. The Corps and Mr. Carson agreed that removal of additional Sea Garden gear that was embedded further in the tidelands would occur in conjunction with installation of new gear by Rock Island Shellfish after the company obtained all required authorizations. This 1 Mr. Carson also owns Jefferson County parcel number 965100007. This parcel was previously owned by Igloo Industries and used for shellfish cultivation. Rock Island Shellfish intends to continue shellfish farming activities on this parcel, but this parcel is not a focus of this letter. Rock Island Shellfish will coordinate with Jefferson Count in the future regarding permitting requirements for shellfish farming activities on parcel number 965100007. 2 Sea Garden owned all the tidelands on which it farmed shellfish except for parcel number 965100009. CA received 08/05/25 EXHIBIT AP08 Donna Frostholm December 21, 2023 Page 3 of 7 coordinated removal of existing gear simultaneous with installation of new gear would be environmentally preferable as it would result in the least amount of disturbances. Rock Island Shellfish completed a tideland survey of parcels 965100009, 965100010, 965100011 in late 2021, Exhibit G, and it subsequently submitted a permit application to the Corps for operation of the company’s shellfish farming activities on these tidelands. Exhibit H.3 Mr. Carson consulted with permitting managers at the Corps to discuss appropriate measures for Rock Island Shellfish to employ in order to avoid and minimize potential impacts to Endangered Species Act ESA”) listed species, designated critical habitat, and essential fish habitat (“EFH”). The Corps advised Mr. Carson that the agency had recently completed a programmatic ESA and EFH consultation that covers shellfish farming activities throughout Washington State’s inland marine waters, and that Rock Island Shellfish could effectively avoid and minimize impacts to sensitive species and their habitats by complying with all terms, conditions, and conservation measures from that programmatic consultation. Exhibit I; Exhibit J (conservation measures and applicable terms and conditions from the programmatic consultation). Mr. Carson has agreed to fully comply with the programmatic consultation for Rock Island Shellfish’s activities on parcels 965100009, 965100010, 965100011. Rock Island Shellfish is in the process of finalizing all regulatory approvals for its planned cultivation activities, but its Corps approval has been delayed pending resolution of Jefferson County permitting requirements. The company 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. B. Continuation of Shellfish Farming Activities Are Authorized Per JCC 18.25.440(4)(b) As mentioned above, your September 26, 2023, email indicates that shellfish farming activities on Rock Island Shellfish’s tidelands have been abandoned, and it cites the definition of “abandon” in JCC 18.25.110(1)(a). However, continuation of shellfish farming activities on the property is governed by, and authorized under, JCC 18.25.440(4)(b), which states as follows: 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 ii) The facility proposes to cultivate species not previously cultivated in the state of Washington. 3 A survey of parcel number 965100012 involves additional complications, and Rock Island Shellfish is planning to complete that survey and submit permit application materials for it in the near future. CA received 08/05/25 EXHIBIT AP08 Donna Frostholm December 21, 2023 Page 4 of 7 JCC 18.25.440(4)(b). This SMP section grants aquaculture operators extensive authorization to maintain, harvest, replant, restock, or even change cultivation species in any existing aquaculture operation without requiring a new permit. There are only two limits to this authorization—a new permit may only be required if the operator proposes to physically expand the operation by more than 25 percent or to cultivate species not previously cultivated in the state of Washington. As set forth above, Rock Island Shellfish is proposing to continue shellfish farming activities at an existing aquaculture operation. The company’s maintenance, harvest, replanting, and restocking activities are expressly authorized under JCC 18.25.440(4)(b). Further, neither of the exceptions in JCC 18.25.440(4)(b) are applicable. Sea Garden has historically farmed the subject tidelands, and Rock Island is not currently proposing to expand beyond historical operations. In fact, Rock Island Shellfish is proposing to limit its farming footprint to not only avoid native eelgrass but also provide a 16-foot buffer from it. Exhibit I. Rock Island Shellfish is also only proposing to cultivate Kumamoto oysters at this time. Exhibit H at 5. Kumamoto oysters are currently cultivated in marine waters throughout Washington State. The two-year time period for abandonment referenced in JCC 18.25.110(1)(a) does not apply for two reasons. First, JCC 18.25.440(4)(b) imposes no time limit on when maintenance, replanting, restocking, or cultivation changes must occur. It expressly authorizes these activities without respect to how much time has passed since the last round of cultivation activities and the resumed activities. Therefore, if the two-year abandonment period were deemed potentially applicable to Rock Island Shellfish’s activities, it would conflict with JCC 18.25.440(4)(b). Because JCC 18.25.440(4)(b) is in the aquaculture section of the SMP and is more specific to Rock Island Shellfish’s operations than the general abandonment provisions, it would control the abandonment provisions. Washington State Ass'n of Ctys. v. State, 199 Wn.2d 1, 12, 502 P.3d 825 (2022). Second, the two-year abandonment period in the SMP is irrelevant because it applies only in the context of nonconforming uses and developments, which are “[l]egally established uses, buildings, structures and/or lots of record that do not meet the specific standards of this program . . .” JCC 18.25.660(1). The shellfish cultivation activities on Rock Island Shellfish’s tidelands pre-date enactment of the SMA and adoption of the Jefferson County SMP, but that does not render them in nonconformance with “the specific standards” of the SMP. The specific standards for aquaculture are set forth in JCC 18.25.440, and more specifically subsections (2), (3), and (4).4 Rock Island Shellfish’s activities are consistent with subsections (2) and (3) because shellfish aquaculture in this area is an allowed, not a prohibited use.5 They are also consistent with the procedural requirements of subsection 4) because, as discussed directly above, (4)(b) authorizes continued planting, harvesting, restocking, 4 Subsection (1) establishes general policies, but the specific substantive regulations are set forth in subsections (2) through 5). Subsection (5) addresses finfish aquaculture and is not applicable to Rock Island Shellfish’s operations. 5 The tidelands are in Aquatic areas adjacent to the Natural shoreline environment designation. CA received 08/05/25 EXHIBIT AP08 Donna Frostholm December 21, 2023 Page 5 of 7 and changing species at existing farms.6 And Rock Island Shellfish’s operations are consistent with the substantive standards pertaining to shellfish aquaculture in (4)(e). The company is proposing to grow oysters in marine-grade baskets on privately owned tidelands, and it will comply with all terms, conditions, and conservation measures from the programmatic consultation (including siting operations outside of and 16 feet away from native eelgrass), thereby avoiding and minimizing potential adverse impacts to sensitive species and habitat. Exhibit H; Exhibit I. Accordingly, the farm’s structures are located, designed, and maintained to avoid adverse effects on ecological functions and processes” 4)(e)(i)); appropriate coordination is occurring “with state and federal agencies and tribes” to prevent adverse cumulative effects ((4)(e)(ii)); the farm will not materially interfere with navigation, shoreline access, recreation, or tribal harvest areas ((4)(e)(vii)); the farm is located away from National Wildlife Refuges and other designated areas ((4)(e)(viii)); shading and other adverse impacts to protected kelp and eelgrass will be avoided ((4)(e)(ix)); sediment disturbances will be minimized ((4)(e)(x)); nonlethal and nonharmful predator control measures will be used ((4)(e)(xii)); any lighting will be directional 4)(e)(xiv)); and any waste or by-products will be disposed of in compliance with government standards. Further, no upland accessory structures, overwater work shelters, or floating/hanging structures are proposed, and hence subsections (4)(e)(iii)-(vi) do not apply, and no chemicals, fertilizers, or unauthorized organisms will be used consistent with (4)(e)(xiii). For the foregoing reasons, Jefferson County should determine that Rock Island Shellfish’s farming activities are governed by, and authorized under, JCC 18.25.440(4)(b) without the need for further County review or permitting. C. Shellfish Farming Activities Have Not Been Abandoned As discussed above, the issue of abandonment is inapplicable to Rock Island Shellfish’s operations because JCC 18.25.440(4)(b) governs, and the proposed operations are not nonconforming use or development. However, even if abandonment was a relevant consideration, the facts do not support a finding of abandonment. “Abandon” is defined in the SMP as follows: Abandon” means to terminate the use of a structure by an affirmative act such as changing to a new use; or to cease, terminate, or vacate a use or structure through nonaction. Except for ongoing agricultural activities, there shall be a presumption that a use has been abandoned if it is not undertaken, utilized, implemented or performed for a period of two years from the date of cessation/termination or vacation. JCC 18.25.100(1)(a). 6 Additionally, (4)(c) further provides that a shoreline substantial development permit (“SDP”) would not be needed for Rock Island Shellfish’s operations, even if it were a new farm. It states a SDP is not required for hatching, seeding, planting, cultivating, raising and/or harvesting planted or naturally occurring shellfish unless the activity substantially interferes with normal public use of surface waters or involves the placement of structures, dredging, or filling. Rock Island Shellfish’s oyster baskets will protrude a limited distance above the tidelands and will not interfere with the normal public use of the water, and they are functionally similar to geoduck tubes, which are specially identified as not being considered structures. JCC 18.25.100(19)(rr). Rock Island Shellfish is also not proposing any dredging or filling activities. CA received 08/05/25 EXHIBIT AP08 Donna Frostholm December 21, 2023 Page 6 of 7 Shellfish farming on Rock Island’s tidelands has not been abandoned through “an affirmative act such as changing to a new use.” The tidelands have been utilized exclusively for shellfish aquaculture since the 1950s, and no new use has been conducted on or even proposed for the tidelands. Shellfish farming has also not been abandoned through “nonaction.” Notably, while the SMP’s definition of “abandon” discusses a two-year period of non-action for abandonment, it only creates a presumption of abandonment if there have been no actions to undertake, utilize, implement, or perform an activity for a two-year period. A two-year period of inaction does not automatically result in abandonment. Further, it creates an exception for agricultural activities in recognition of the fact that agriculture uses often experience extended periods of dormancy. This is an appropriate exception, and the basis for providing additional latitude for agricultural uses applies with equal force to aquaculture, as discussed in the Department of Ecology’s SMP Handbook: Some uses may have periods of dormancy. Periods of dormancy are not typically abandonment. For example, for agriculture and aquaculture uses there may be times in which the land, tidelands or water area are not actively being farmed or cultured. Crops may need to be rotated, other cultivation factors may come into play, or dormant periods may be required by state or federal permits. These dormant periods may extend beyond a typical period for abandonment, as discussed above. Washington Department of Ecology, SMP Handbook Chapter 14, p. 17 (Publication Number: 11-06-010, 6/11; rev. 8/13, 10/17). Further, the Washington State Legislature has declared that aquaculture should be considered a branch of agriculture. The legislature declares that aquatic farming provides a consistent source of quality food, offers opportunities of new jobs, increased farm income stability, and improves balance of trade. The legislature finds that many areas of the state of Washington are scientifically and biologically suitable for aquaculture development, and therefore the legislature encourages promotion of aquacultural activities, programs, and development with the same status as other agricultural activities, programs, and development within the state. The legislature finds that aquaculture should be considered a branch of the agricultural industry of the state for purposes of any laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state. It is therefore the policy of this state to encourage the development and expansion of aquaculture within the state… RCW 15.85.010 Because aquaculture is a branch of agriculture and the same considerations of dormancy apply with respect to aquaculture, the two-year period of non-action that results in a presumption of abandonment in JCC 18.25.100(1)(a) is inapplicable to Rock Island Shellfish’s operations. Finally, even if the two-year period were to apply, it would only create a presumption of abandonment, and this presumption is overridden by the specific factual considerations in this matter. As CA received 08/05/25 EXHIBIT AP08 Donna Frostholm December 21, 2023 Page 7 of 7 set forth above, Rock Island Shellfish’s tidelands have been farmed by Sea Garden since 1953. Sea Garden transitioned out of shellfish farming in 2017, and the company left cultivated shellfish and equipment on the tidelands. This both allowed subsequent owners to utilize planted crops and equipment, and it facilitated planting additional crops in the future. The tidelands were sold to Farrell Property in 2017, who retained the shellfish and cultivation gear on the tidelands and continued paying taxes for the properties. Exhibits A-D. At the very least, the tidelands were dormant during this period, but they were in no way abandoned. Mr. Carson’s family purchased the tidelands in 2020 and immediately began to resume active cultivation activities, including purchasing oyster seed and conducting viability plantings to determine the growth rate of oysters on the tidelands; working with federal, state, tribal, and local governments to obtain all required approvals for full operations by Rock Island Shellfish; and procuring property boundary and submerged aquatic vegetation surveys for the tidelands. Exhibits E-I. Therefore, shellfish farming operations on Rock Island Shellfish’s tidelands have not been abandoned pursuant to the Jefferson County SMP. For the reasons set forth above, the County should determine that Rock Island Shellfish’s ongoing shellfish farming activities on the subject tidelands do not require new review or permitting by Jefferson County. We believe the information provided above and attached to this letter is more than sufficient to resolve this question, but if you have additional questions or concerns, please contact me to further discuss these matters. Sincerely, Jesse DeNike cc: client Enclosures CA received 08/05/25 EXHIBIT AP08 Exhibit A CA received 08/05/25 EXHIBIT AP08 https://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2022&prop_id=33165 1/2 Jefferson County Assessor & Treasurer Property Search Results > 33165 ROBERT M CARSON for Year 2022 - 2023 Property Account Property ID: 33165 Abbreviated Legal Descripon: KILLAPIE BEACH LOT 9 INC. T.L.'S FRTG. Parcel#/GeoID:965100009 Agent Code: Type: Real Tax Area: 0231 - V*1-49F3E3H2L1 Land Use Code 91 Open Space: N DFL N Historic Property: N Remodel Property: N Mul-Family Redevelopment: N Township: 27N Secon: 2 Range: 1E Locaon Address: Mapsco: 058/009 Neighborhood: KILLAPIE BEACH & TERMINATION POINT Map ID: Neighborhood CD: 3405 Owner Name: ROBERT M CARSON Owner ID: 108938 Mailing Address: PO BOX 181 PORT GAMBLE, WA 98364-0181 Ownership: 100.0000000000% Exempons: Pay Tax Due There is currently No Amount Due on this property. Taxes and Assessment Details Property Tax Informaon as of 12/20/2023 Amount Due if Paid on:NOTE: If you plan to submit payment on a future date, make sure you enter the date and click RECALCULATE to obtain the correct total amount due. Click on "Statement Details" to expand or collapse a tax statement. Year Statement ID First Half Base Amt. Second Half Base Amt. Penalty Interest Base Paid Amount Due Statement Details 2023 22575 $76.84 $ 76.73 $0.00 $0.00 $ 153.57 $0.00 Statement Details 2022 22631 $89.28 $ 88.66 $0.00 $0.00 $ 177.94 $0.00 Statement Details 2021 22670 $54.99 $ 54.37 $0.00 $0.00 $ 109.36 $0.00 Statement Details 2020 22705 $53.03 $ 52.44 $0.00 $0.00 $ 105.47 $0.00 Values Taxing Jurisdicon Improvement / Building Sketch Property Image Land Roll Value History Year Improvements Land Market Current Use Total Appraised Taxable Value 2023 N/A N/A N/A N/A N/A 2022 $0 $15,000 $0 $15,000 $15,000 2021 $0 $13,500 $0 $13,500 $13,500 2020 $0 $6,250 $0 $6,250 $6,250 CA received 08/05/25 EXHIBIT AP08 https://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2022&prop_id=33165 2/2 2019 $0 $5,750 $0 $5,750 $5,750 Deed and Sales History Deed Date Type Descripon Grantor Grantee Volume Page Sale Price Excise Number Deed Numbe 1 03/06/2023 QCD Quit Claim Deed MARJORIE A CARSON ROBERT M CARSON $16,000.00 140940 33166 KILLAPIE BEACH LOT 10 INC T.L.'S ADJ (C4) 33167 KILLAPIE BEACH 11 PLUS TIDELANDS FRTG. 1.18 CHS. 33168 KILLAPIE BEACH 12 PLUS TIDELANDS FRTG. 1.18 CHS. 2 11/25/2019 SPWD Special Warranty Deed FARRELL PROPERTIES LLC MARJORIE A CARSON $16,000.00 133611 33166 KILLAPIE BEACH LOT 10 INC T.L.'S ADJ (C4) 3 12/20/2017 WD Warranty Deed ROBERT S TRAFF FAMILY TRUST FARRELL PROPERTIES LLC $25,000.00 129256 33157 KILLAPIE BEACH LOT 1 INC. T.L.'S FRTG. 33164 KILLAPIE BEACH LOT 8 INC. T.L.'S FRTG. 33170 KILLAPIE BEACH LOT 14 Payout Agreement Assessor Home Page Treasurer Home Page County Maps Permits Disclaimer Website version: 9.0.50.1004 Database last updated on: 12/19/2023 11:30 PM © N. Harris Computer Corporaon CA received 08/05/25 EXHIBIT AP08 Exhibit B CA received 08/05/25 EXHIBIT AP08 https://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2022&prop_id=33166 1/2 Jefferson County Assessor & Treasurer Property Search Results > 33166 ROBERT M CARSON for Year 2022 - 2023 Property Account Property ID: 33166 Abbreviated Legal Descripon: KILLAPIE BEACH LOT 10 INC T.L.'S ADJ (C4) Parcel#/GeoID:965100010 Agent Code: Type: Real Tax Area: 0231 - V*1-49F3E3H2L1 Land Use Code 91 Open Space: N DFL N Historic Property: N Remodel Property: N Mul-Family Redevelopment: N Township: 27N Secon: 2 Range: 1E Locaon Address: Mapsco: 058/010 Neighborhood: KILLAPIE BEACH & TERMINATION POINT Map ID: Neighborhood CD: 3405 Owner Name: ROBERT M CARSON Owner ID: 108938 Mailing Address: PO BOX 181 PORT GAMBLE, WA 98364-0181 Ownership: 100.0000000000% Exempons: Pay Tax Due There is currently No Amount Due on this property. Taxes and Assessment Details Property Tax Informaon as of 12/20/2023 Amount Due if Paid on:NOTE: If you plan to submit payment on a future date, make sure you enter the date and click RECALCULATE to obtain the correct total amount due. Click on "Statement Details" to expand or collapse a tax statement. Year Statement ID First Half Base Amt. Second Half Base Amt. Penalty Interest Base Paid Amount Due Statement Details 2023 22576 $76.84 $76.73 $0.00 $0.00 $153.57 $0.00 Statement Details 2022 22632 $80.28 $80.16 $0.00 $0.00 $160.44 $0.00 Statement Details 2021 22671 $46.49 $45.87 $0.00 $0.00 $ 92.36 $0.00 Statement Details 2020 22706 $44.53 $43.94 $0.00 $0.00 $ 88.47 $0.00 Values Taxing Jurisdicon Improvement / Building Sketch Property Image Land Roll Value History Year Improvements Land Market Current Use Total Appraised Taxable Value 2023 N/A N/A N/A N/A N/A 2022 $0 $15,000 $0 $15,000 $15,000 2021 $0 $13,500 $0 $13,500 $13,500 2020 $0 $6,250 $0 $6,250 $6,250 CA received 08/05/25 EXHIBIT AP08 https://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2022&prop_id=33166 2/2 2019 $0 $5,750 $0 $5,750 $5,750 Deed and Sales History Deed Date Type Descripon Grantor Grantee Volume Page Sale Price Excise Number Deed Number 1 03/ 06/ 2023 QCD Quit Claim Deed MARJORIE A CARSON ROBERT M CARSON $16,000.00 140940 33165 KILLAPIE BEACH LOT 9 INC. T.L.'S FRTG. 33167 KILLAPIE BEACH 11 PLUS TIDELANDS FRTG. 1.18 CHS. 33168 KILLAPIE BEACH 12 PLUS TIDELANDS FRTG. 1.18 CHS. 2 11/25/2019 SPWD Special Warranty Deed FARRELL PROPERTIES LLC MARJORIE A CARSON $16,000.00 133611 33165 KILLAPIE BEACH LOT 9 INC. T.L.'S FRTG. 3 11/28/2017 WD Warranty Deed 129213 4 10/24/2017 WD Warranty Deed SEAGARDEN INC FARRELL PROPERTIES LLC $5,240.00 128974 Payout Agreement Assessor Home Page Treasurer Home Page County Maps Permits Disclaimer Website version: 9.0.50.1004 Database last updated on: 12/19/2023 11:30 PM © N. Harris Computer Corporaon CA received 08/05/25 EXHIBIT AP08 Exhibit C CA received 08/05/25 EXHIBIT AP08 https://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2022&prop_id=33167 1/2 Jefferson County Assessor & Treasurer Property Search Results > 33167 ROBERT M CARSON for Year 2022 - 2023 Property Account Property ID: 33167 Abbreviated Legal Descripon: KILLAPIE BEACH 11 PLUS TIDELANDS FRTG. 1.18 CHS. Parcel#/GeoID:965100011 Agent Code: Type: Real Tax Area: 0231 - V*1-49F3E3H2L1 Land Use Code 91 Open Space: N DFL N Historic Property: N Remodel Property: N Mul-Family Redevelopment:N Township: 27N Secon: 2 Range: 1E Locaon Address: Mapsco: 058/011 Neighborhood: KILLAPIE BEACH & TERMINATION POINT Map ID: Neighborhood CD: 3405 Owner Name: ROBERT M CARSON Owner ID: 108938 Mailing Address: PO BOX 181 PORT GAMBLE, WA 98364-0181 Ownership: 100.0000000000% Exempons: Pay Tax Due There is currently No Amount Due on this property. Taxes and Assessment Details Property Tax Informaon as of 12/20/ 2023 Amount Due if Paid on:NOTE: If you plan to submit payment on a future date, make sure you enter the date and click RECALCULATE to obtain the correct total amount due. Click on "Statement Details" to expand or collapse a tax statement. Year Statement ID First Half Base Amt. Second Half Base Amt. Penalty Interest Base Paid Amount Due Statement Details 2023 22577 $76.84 $76.73 $0.00 $0.00 $153.57 $0.00 Statement Details 2022 22633 $80.28 $80.16 $0.00 $0.00 $160.44 $0.00 Statement Details 2021 22672 $46.49 $45.87 $0.00 $0.00 $ 92.36 $0.00 Statement Details 2020 22707 $53.03 $52.44 $0.00 $0.00 $105.47 $0.00 Values Taxing Jurisdicon Improvement / Building Sketch Property Image Land Roll Value History Year Improvements Land Market Current Use Total Appraised Taxable Value 2023 N/A N/A N/A N/A N/A 2022 $0 $15,000 $0 $15,000 $15,000 2021 $0 $13,500 $0 $13,500 $13,500 CA received 08/05/25 EXHIBIT AP08 https://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2022&prop_id=33167 2/2 2020 $0 $6,250 $0 $6,250 $6,250 2019 $0 $5,750 $0 $5,750 $5,750 Deed and Sales History Deed Date Type Descripon Grantor Grantee Volume Page Sale Price Excise Number Deed Number 1 03/06/2023 QCD Quit Claim Deed MARJORIE A CARSON ROBERT M CARSON $16,000.00 140940 33165 KILLAPIE BEACH LOT 9 INC. T.L.'S FRTG. 33166 KILLAPIE BEACH LOT 10 INC T.L.'S ADJ (C4) 33168 KILLAPIE BEACH 12 PLUS TIDELANDS FRTG. 1.18 CHS. 2 06/16/2020 SPWD Special Warranty Deed FARRELL PROPERTIES LLC MARJORIE A CARSON $16,000.00 134611 33168 KILLAPIE BEACH 12 PLUS TIDELANDS FRTG. 1.18 CHS. 3 12/04/2017 WD Warranty Deed 129858 4 12/ 04/ 2017 WD Warranty Deed SEAGARDEN INC FARRELL PROPERTIES LLC $18,000.00 129221 33160 170 KILLAPIE BEACH RD PORT LUDLOW, WA 98365 KILLAPIE BEACH 4 INC. T.L.'S FRTG. 33161 KILLAPIE BEACH 5 INC. T.L.'S FRTG. 33168 KILLAPIE BEACH 12 PLUS TIDELANDS FRTG. 1.18 CHS. Payout Agreement Assessor Home Page Treasurer Home Page County Maps Permits Disclaimer Website version: 9.0.50.1004 Database last updated on: 12/19/2023 11:30 PM © N. Harris Computer Corporaon CA received 08/05/25 EXHIBIT AP08 Exhibit D CA received 08/05/25 EXHIBIT AP08 https://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2022&prop_id=33168 1/2 Jefferson County Assessor & Treasurer Property Search Results > 33168 ROBERT M CARSON for Year 2022 - 2023 Property Account Property ID: 33168 Abbreviated Legal Descripon: KILLAPIE BEACH 12 PLUS TIDELANDS FRTG. 1.18 CHS. Parcel#/GeoID:965100012 Agent Code: Type: Real Tax Area: 0231 - V*1-49F3E3H2L1 Land Use Code 91 Open Space: N DFL N Historic Property: N Remodel Property: N Mul-Family Redevelopment: N Township: 27N Secon: 2 Range: 1E Locaon Address: Mapsco: 058/012 Neighborhood: KILLAPIE BEACH & TERMINATION POINT Map ID: Neighborhood CD: 3405 Owner Name: ROBERT M CARSON Owner ID: 108938 Mailing Address: PO BOX 181 PORT GAMBLE, WA 98364-0181 Ownership: 100.0000000000% Exempons: Pay Tax Due There is currently No Amount Due on this property. Taxes and Assessment Details Property Tax Informaon as of 12/20/ 2023 Amount Due if Paid on:NOTE: If you plan to submit payment on a future date, make sure you enter the date and click RECALCULATE to obtain the correct total amount due. Click on "Statement Details" to expand or collapse a tax statement. Year Statement ID First Half Base Amt. Second Half Base Amt. Penalty Interest Base Paid Amount Due Statement Details 2023 22578 $76.84 $76.73 $0.00 $0.00 $153.57 $0.00 Statement Details 2022 22634 $80.28 $80.16 $0.00 $0.00 $160.44 $0.00 Statement Details 2021 22673 $46.49 $45.87 $0.00 $0.00 $ 92.36 $0.00 Statement Details 2020 22708 $44.53 $43.94 $0.00 $0.00 $ 88.47 $0.00 Values Taxing Jurisdicon Improvement / Building Sketch Property Image Land Roll Value History Year Improvements Land Market Current Use Total Appraised Taxable Value 2023 N/A N/A N/A N/A N/A 2022 $0 $15,000 $0 $15,000 $15,000 2021 $0 $13,500 $0 $13,500 $13,500 CA received 08/05/25 EXHIBIT AP08 https://trueweb.jeffcowa.us/propertyaccess/Property.aspx?cid=0&year=2022&prop_id=33168 2/2 2020 $0 $6,250 $0 $6,250 $6,250 2019 $0 $5,750 $0 $5,750 $5,750 Deed and Sales History Deed Date Type Descripon Grantor Grantee Volume Page Sale Price Excise Number Deed Number 1 03/06/2023 QCD Quit Claim Deed MARJORIE A CARSON ROBERT M CARSON $16,000.00 140940 33165 KILLAPIE BEACH LOT 9 INC. T.L.'S FRTG. 33166 KILLAPIE BEACH LOT 10 INC T.L.'S ADJ (C4) 33167 KILLAPIE BEACH 11 PLUS TIDELANDS FRTG. 1.18 CHS. 2 06/16/2020 SPWD Special Warranty Deed FARRELL PROPERTIES LLC MARJORIE A CARSON $16,000.00 134611 33167 KILLAPIE BEACH 11 PLUS TIDELANDS FRTG. 1.18 CHS. 3 12/04/2017 WD Warranty Deed 129858 4 12/ 04/ 2017 WD Warranty Deed SEAGARDEN INC FARRELL PROPERTIES LLC $18,000.00 129221 33160 170 KILLAPIE BEACH RD PORT LUDLOW, WA 98365 KILLAPIE BEACH 4 INC. T.L.'S FRTG. 33161 KILLAPIE BEACH 5 INC. T.L.'S FRTG. 33167 KILLAPIE BEACH 11 PLUS TIDELANDS FRTG. 1.18 CHS. Payout Agreement Assessor Home Page Treasurer Home Page County Maps Permits Disclaimer Website version: 9.0.50.1004 Database last updated on: 12/19/2023 11:30 PM © N. Harris Computer Corporaon CA received 08/05/25 EXHIBIT AP08 Exhibit E CA received 08/05/25 EXHIBIT AP08 CA received 08/05/25 EXHIBIT AP08 Exhibit F CA received 08/05/25 EXHIBIT AP08 001 CA received 08/05/25 EXHIBIT AP08 002 CA received 08/05/25 EXHIBIT AP08 003 CA received 08/05/25 EXHIBIT AP08 004 CA received 08/05/25 EXHIBIT AP08 005 CA received 08/05/25 EXHIBIT AP08 006 CA received 08/05/25 EXHIBIT AP08 007 CA received 08/05/25 EXHIBIT AP08 008 CA received 08/05/25 EXHIBIT AP08 009 CA received 08/05/25 EXHIBIT AP08 010 CA received 08/05/25 EXHIBIT AP08 011 CA received 08/05/25 EXHIBIT AP08 Exhibit G CA received 08/05/25 EXHIBIT AP08 CA received 08/05/25 EXHIBIT AP08 Exhibit H CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 1 of 15 WASHINGTON STATE Joint Aquatic Resources Permit Application (JARPA) Form 1,2 [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: x 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. x 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): CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 2 of 15 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 CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 3 of 15 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]Section Section Township Range 2 27N 1E 5f.Provide the latitude and longitude of the project location. [help]x 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]x 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 965100008Gopalapuram Chennai 600086 India CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 4 of 15 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. CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 5 of 15 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: CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 6 of 15 6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. [help] x Identify where each element will occur in relation to the nearest waterbody. x 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] x 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]x 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] CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 7 of 15 Yes No Don’t know 7d.Has a wetland delineation report been prepared? [help]x 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]x 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]x If Yes, submit the plan with the JARPA package and answer 7g.x 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) CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 8 of 15 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]x If Yes, submit the plan with the JARPA package and answer 8d.x If No, or Not applicable, explain below why a mitigation plan should not be required.Yes No Don’t know CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 9 of 15 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. x 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 ot her 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] CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 10 of 15 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] x If Yes,list the parameter(s) below. x 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]x Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC. CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 11 of 15 171100180800 (Hood Canal) 9d.What Water Resource Inventory Area Number (WRIA #) is the project in? [help] (WRIA#17) x 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] x 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] x If you don’t know, contact the local planning department.x 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]x 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]x 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]x If Yes, please describe below.Yes No 9j.If you know what the property was used for in the past, describe below. [help] CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 12 of 15 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] x If Yes, attach it to your JARPA package. Yes No CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 13 of 15 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. x Online Project Questionnaire at http://apps.oria.wa.gov/opas/. x Governor’s Office for Regulatory Innovation and Assistance at (800) 917 -0043 or help@oria.wa.gov . x 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] x 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. CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 14 of 15 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: Ž Ž Ž Ž Ž h Ž h^ Ž 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). CA received 08/05/25 EXHIBIT AP08 ORIA-revised 07/2022 Page 15 of 15 Part 11–Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. [help] 11a.Applicant Signature (required) [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this application. _________(initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering the property where the project is located to inspect the project site or any work related to the project. _________(initial) Robert Major Carson Applicant Printed Name Applicant Signature Date 11b.Authorized Agent Signature [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Authorized Agent Printed Name Authorized Agent Signature Date 11c.Property Owner Signature (if not applicant) [help] Not required if project is on existing rights-of-way or easements (provide copy of easement with JARPA). I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Robert Major Carson Property Owner Printed Name Property Owner Signature Date 18 U.S.C §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact the Governor’s Office for Regulatory Innovation and Assistance (ORIA)at (800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833- 6341. ORIA publication number: ORIA-16-011 rev. 09/2018 CA received 08/05/25 EXHIBIT AP08 Exhibit I CA received 08/05/25 EXHIBIT AP08 CA received 08/05/25 EXHIBIT AP08 CA received 08/05/25 EXHIBIT AP08 CA received 08/05/25 EXHIBIT AP08 CA received 08/05/25 EXHIBIT AP08 CA received 08/05/25 EXHIBIT AP08 Exhibit J CA received 08/05/25 EXHIBIT AP08 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). CA received 08/05/25 EXHIBIT AP08 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 CA received 08/05/25 EXHIBIT AP08 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 CA received 08/05/25 EXHIBIT AP08 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 CA received 08/05/25 EXHIBIT AP08 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 CA received 08/05/25 EXHIBIT AP08