HomeMy WebLinkAboutCL08 2025 08 05 JC Witness and Exhibit ListCase No.: SDP2024-000061 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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BEFORE THE LAND USE HEARING EXAMINER
IN AND FOR JEFFERSON COUNTY
MARILYN SHOWALTER and JAN WOLD,
Appellants,
vs.
JEFFERSON COUNTY,
Respondent,
and
ROCK ISLAND SHELLFISH, ROBERT CARSON,
Respondent.
Case No.: SDP2024-00006
JEFFERSON COUNTY’S WITNESS
AND EXHIBIT LIST
Respondent Jefferson County submits the following final witness and exhibit
lists which may be used at hearing.
I.WITNESS LIST
In preparation for the hearing, Jefferson County provides the following list
of witnesses. Jefferson County reserves the right to amend this witness list as
appropriate and to call as a witness any witness identified by the Appellant or
Applicant in their initial, final or rebuttal witness lists. Jefferson County further
reserves the right to offer rebuttal witnesses as permitted by the Hearing
Examiner. Jefferson County also reserves the right to object to any witnesses
offered by any party.
1.Donna Frostholm.
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST2 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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2.Greg Ballard.
II.EXHIBIT LIST
In preparation for the hearing, Jefferson County provides the following list
of exhibits. Jefferson County reserves the right to add or delete exhibits from this
list as appropriate and to offer into evidence any exhibit identified by the Appellant
and Applicant in their exhibit lists. Jefferson County further reserves the right to
offer rebuttal exhibits as permitted by the Hearing Examiner. Jefferson County
also reserves the right to object to the admissibility of exhibits and evidence
submitted by other parties in this proceeding.
Most of Jefferson County’s exhibits have already been provided in the
Preliminary Exhibit List. New exhibits include a Staff Report from Donna
Frostholm, and Jefferson County exhibit numbers 46-50, attached as Attachment
A. Further, in reviewing the documents available on Laserfiche, it appears a few
were in PDF Portfolio. As a courtesy in case others are having trouble with the
links, we are providing them again here attached as Attachment B.
To help ensure quick reference for the full set of exhibits (of which there are
many using different naming conventions), Jefferson County is attaching as
Attachment C a spreadsheet of what we believe to be a complete list of all
exhibits and their descriptions. This is simply being provided as a courtesy in case
it is helpful. Lastly, Jefferson County has logged all of the pleadings in this case
with their description as Attachment D. Again, this is simply being provided as a
courtesy in case it is helpful for reference.
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST3 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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DATED this 5th day of August, 2025.
JAMES KENNEDY Jefferson County Prosecuting Attorney
Ariel Speser, WSBA #44125 Deputy Prosecuting Attorney
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST4 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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ATTACHMENT A
New Exhibits
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST5 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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Staff Report
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SDP2024-00006 Rock Island Shellfish Page 1 of 15
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT TO THE HEARING EXAMINER
RE: Shoreline Substantial Development ) PROPOSED FINDINGS,
Application ) CONCLUSIONS, AND
) RECOMMENDATIONS
File Number: SDP2024-00006
Applicant: Robert Carson (Rock Island Shellfish), P.O. Box 181, Port Gamble, WA 98364
SUMMARY OF APPLICATION AND RECOMMENDATION
Application: Shoreline substantial development permit application and flood development permit
application to raise Kumamoto oysters (Crassostrea sikamea) within private tidelands in Hood Canal
using 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.
The proposal is immediately adjacent to three parcels owned by the applicant. No upland activity related
to this aquaculture application is proposed on the three subject parcels or within shoreline jurisdiction
elsewhere in the county. No new buildings, ground clearing, or staging areas to support aquaculture
operations are proposed.
Regulatory Authority: JCC 18.25.020 states that uses and developments, as defined in Article II of the
Jefferson County Shoreline Master Program (SMP), shall comply with the program if the proposed
activity is within shoreline jurisdiction. Aquaculture is included in Article II (JCC 18.25.100(1)(bb)) and
is, therefore, subject to SMP policies, prohibitions, and regulations. Per Table JCC 18.25.220 and JCC
18.25.440(3)(b) and (c), this application is to be reviewed as a Type III Shoreline Substantial
Development permit.
Recommendation: Approval with conditions
BACKGROUND INFORMATION
Location: The proposal would be located in Hood Canal (just west of the Hood Canal Bridge). The site
plan showing the proposed farm location is shown in Exhibit 20, page 5.
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Project Area Conditions: The tidelands had previously been used for decades to raise oysters (by Sea
Garden) and that operation ceased in 2017. The county determined the Sea Garden farm had been
abandoned (JCC 18.25.100(1)(a)) and the proposed Rock Island Shellfish farm would need to obtain a
shoreline permit prior to operating a shellfish farm at this location. Some derelict gear from the previous
aquaculture operation is still present within the intertidal zone and the old, rusting equipment will be
removed as part of the current proposal. Both native and non-native eelgrass are present in the intertidal
zone and oysters will be raised at least 16.5 feet from those areas in which the native plant occurs. Steep,
forested bluffs are present near the northern end of the project area and the Hood Canal Bridge is about
0.25 mile to the east.
Unpermitted development occurs in the adjacent shorelands. The development on the three parcels
owned by the applicant is within the shoreline buffer. To address the violation, the applicant has signed a
Voluntary Compliance Agreement (VCA) with the county, which allows the applicant time to either
obtain ‘after-the-fact’ permits or remove the development from the properties. Compliance with the VCA
is addressed as a permit condition in this staff report.
Shoreline Designation: Pursuant to the Jefferson County Shoreline Master Program, the shoreline
environment designation below OHWM is Aquatic, and the adjacent shoreland is designated as Natural.
Comprehensive Plan: The Jefferson County Comprehensive Plan (adopted December 10, 2018) states
that the goals, policies, and regulations of the SMP are considered part of the Comprehensive Plan.
Pre-application Meeting: A pre-application meeting was held on March 26, 2024 (Exhibit 1).
Date of Application: The shoreline application was submitted on June 3, 2024 (Exhibit 2). The
application was deemed complete on June 27, 2024.
Site Visits: DCD staff made site visits to the project area on August 7, 2024 and December 4, 2024
(Exhibits 7 and 15, respectively), and then met onsite with the project attorney/representative, Jesse
DeNike, on January 27, 2025 (Exhibits 22 and 24). A site visit was made to post the notice the public
hearing on July 29, 2025 (Exhibit 47).
State Environmental Policy Act Review: The proposal is subject to review under SEPA. A Mitigated
Determination of Non-significance was issued by Jefferson County on May 20, 2025 (Exhibit 34). On
June 3, 2025, Marilyn Showalter and Jan Wold filed an appeal of the threshold determination with Office
of the Hearing Examiner (Exhibits 40 and CA-01). The SEPA appeal has been consolidated with the
public hearing for the Type III shoreline application.
NOTICING REQUIREMENTS
In accordance with the Type III permitting process, the application was noticed as was the public hearing.
Notice of Application: The application and SEPA documents were noticed on July 10, 2024 (Exhibits 3,
4, and 5):
• Published in The Port Townsend & Jefferson County Leader on July 10, 2024;
• Posted on the property on July 9, 2024;
• Sent to agencies and tribes on July 10, 2024; and
• Sent to all property owners within 300 feet on July 9, 2024.
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Comments Received: Comments received by Department of Community Development (DCD) are listed
below.
• Jefferson County Public Works (Terry Duff) submitted a comment by email on July 10, 2024
(Exhibit 6). She noted there is a hold that is relevant to the three upland parcels associated with
this application.
Staff Comment: The following presents the staff response to the comment received during noticing:
• The Jefferson County Board of County Commissioners responded to an emergency by closing
Killapie Beach Road by resolution (22-99) on March 15, 1999. In response to the comment,
DCD had subsequent communications with Jefferson County Public Works (Exhibit 21). Permit
conditions pertaining to Killapie Beach Road have been added.
On August 29, 2024, DCD received an email from Marilyn Showalter, who stated that the notice was
defective for two reasons: (1) an incorrect date is listed in the notice and (2) in an email sent to DCD on
November 30, 2023, she asked to be a party of record for aquaculture applications associated with the
three Carson properties (Exhibit 10).
Staff Comment: The incorrect due date was sent to six property owners within 300 feet of the project
area. However, agencies, tribes, newspapers, and Ecology’s SEPA Register all had the correct date for
submitting comments as did the notice posted on the property. The county believes the notice of
application with SEPA review was consistent with county noticing requirements and that the error did not
prevent anyone from submitting comments. As for the request to be notified about any permit processes
associated with this application, this request came in to DCD slightly more than six months before the
shoreline application was submitted. There is no requirement in the Jefferson County Code for the
department to accept and track pre-emptive requests to be a party of record.
On July 24, 2025, DCD began receiving emails from the public. Those submitting comments said that
they did not see a notice posted along Shine Road (which is the road used to access Killapie Beach Road),
with some stating the application should be re-noticed (Exhibit 49). As of July 30, 2025, DCD has
received emails from the following people:
• John Fabian
• John Simpson
• William and Cheryl West
• Marcia Schwendiman
• Charles and Patricia Marquis
• Steve Ditmar
• Elena Brenna
• Carolyn Eagan
• Sara Davis
• Nellie Andersen and Nezam Tooloee
• Sue Corbett
• Karen Lopilato
• Steve Aos
• Randy Corbett
Staff Comment: While those listed above said the way the proposal was noticed left them unaware that a
shellfish farm was proposed, none of the commentors indicated that the proposal would have the potential
to affect their use of the tidelands or that the proposal might result in adverse impacts to the shoreline
environment. Everyone who sent in comments was added as a party of record and was sent a notice of
public hearing.
Notice of Public Hearing: The public hearing was noticed on July 30, 2025 (Exhibits 47 and 50)
• Published in The Port Townsend/Jefferson County Leader on July 30, 2025;
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• Posted on the property on July 29, 2025;
• Sent to agencies and tribes on July 30, 2025;
• Sent to parties of record on July 30, 2025; and
• Sent to all property owners within 300 feet on July 29, 2025.
JEFFERSON COUNTY APPROVALS REQUIRED/APPLICABLE ORDINANCES
The proposal was reviewed against all relevant requirements, specifically:
• Jefferson County Comprehensive Plan, adopted December 10, 2018; and
• Jefferson County Code, Title 18 – Unified Development Code, adopted December 18, 2000 and
effective January 16, 2001, as amended, including Chapter 18.25 JCC (SMP).
This staff report is intended to show compliance with all applicable regulations. In addition to the
responses in this staff report, the project proponent prepared a code consistency analysis (Exhibit 2).
STAFF FINDINGS
The following presents staff findings regarding consistency of the application with the Jefferson County
Comprehensive Plan and the Jefferson County Code, including the Shoreline Master Program.
1. Proposal. The applicant is proposing to install rebar racks to support growing shellfish in SEAPA
baskets in the intertidal waters of Hood Canal. The applicant also proposes to remove any remaining
derelict gear left onsite from a previous aquaculture operation. Use of the upland portion of the
property for the aquaculture farm is not proposed. No other sites have been identified by the
applicant for use in support of this application.
2. Jefferson County Comprehensive Plan. The proposed shoreline development is subject to the goals
and policies of the Jefferson County Comprehensive Plan. The shoreline goal (EN-G-4) states:
Implement Chapter 18.25 JCC to protect shoreline functions and processes while allowing
appropriate development and uses within the shorelines of Jefferson County.
Staff Comment: The proposal has been reviewed against Chapter 18.25 JCC (Shoreline Master
Program) and is consistent with this Comprehensive Plan goal and the policies of ensuring the
proposal complies with SMP goals and policies (Policy EN-P-4.1) and working cooperatively with
Ecology (Policy EN-P-4.2).
3. Jefferson County Code - Critical Areas (Chapter 18.22 JCC). The proposed development is within
shoreline jurisdiction and is subject to the critical area regulations in Chapter 18.22 JCC. The
application was reviewed for the potential presence of critical areas under the provisions of the Unified
Development Code. After an initial Geographic Information System mapping review, the following
critical areas were determined have the potential to be present in the project area: fish and wildlife
habitat conservation areas (marine water serves as a primary association for listed fish species,
commercial and recreational shellfish areas, eelgrass patches, kelp beds) and frequently flooded areas.
Staff Comment: Hood Canal is regulated as a fish and wildlife habitat conservation area (FWHCA).
The applicant submitted a Habitat Report prepared by Marine Surveys & Assessments (undated), a
Habitat Management Plan prepared by Confluence Environmental Company (dated May 2024), and a
Programmatic Biological Opinion for Shellfish Activities. These documents identify FWHCAs that
have the potential to occur in the project area and present impact minimization and conservation
measures to protect fish and wildlife habitat conservation areas. These measures have been added as
recommended permit conditions at the end of this staff report.
The proposal will be located in an area mapped on the Federal Emergency Management Agency Flood
Insurance Rate Map (panel 53031C0935C) as Zone VE. The proposed project requires a flood
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development permit, which is incorporated into the shoreline permit. The proposal meets the definition
of development, but not structure, in JCC 15.15.050. Development in the floodplain must comply with
the Biological Opinion (BiOp) and one way to meet the BiOp requirements is through the federal
permitting process. Since this proposal requires a permit from the U.S Army Corps of Engineers
(Corps), the applicant was not required to submit a Habitat Assessment to DCD. To ensure compliance
with the BiOp, a condition of approval includes the requirement to obtain the Corps permit prior to
beginning any work on this project and to adhere to federal permit conditions.
Wetlands are mapped along the shoreline, but no wetlands are present in the high-energy marine
environment where this project is proposed.
The adjacent bluff is a geologically hazardous area but the shorelands are not included in the proposal.
For this reason, no geotechnical report was required.
The proposal was noticed to federal, state, and local agencies and to tribes (Exhibit 4). DCD did not
receive comments from agencies or tribes that would indicate fish and wildlife habitat conservation areas
would be adversely affected by the proposal.
4. Jefferson County Code - Shoreline Master Program (Chapter 18.25 JCC). The proposal is subject
to all applicable policies and regulations of the Jefferson County SMP.
Staff Comment: The proposal is subject to following sections of the SMP:
JCC 18.25.440 Aquaculture
JCC 18.25.540 Substantial development permit criteria
JCC 18.25.230 through 18.25.250 (Article V) Shorelines of statewide significance
JCC 18.25.270 through 18.25.320 (Article VI) General policies and regulations
Each of these sections of the SMP are addressed below.
JCC 18.25.440(1) presents polices pertaining to aquaculture. The following policies are applicable to
this proposal:
(a) Aquaculture is a preferred, water-dependent use of regional and statewide interest that is
important to the long-term economic viability, cultural heritage and environmental health of
Jefferson County.
Staff Comment: The proposal is consistent with this policy.
(b) The county should support aquaculture uses and developments that:
(i) Protect and improve water quality; and
(ii) Minimize damage to important nearshore habitats; and
(iii) Minimize interference with navigation and normal public use of surface waters; and
(iv) Minimize the potential for cumulative adverse impacts, such as those resulting from in-water
structures/apparatus/equipment, land-based facilities, and substrate disturbance/modification
(including rate, frequency, and spatial extent).
Staff Comment: The proposal would be expected to protect water quality in the bay during the
operational phase (any turbidity that may occur during installation and harvesting is expected to be
localized and of short duration). The proposed project is not expected to impact forage fish and the
rebar racks and SEAPA baskets will be located at least 16.5 feet from patches of native eelgrass so
the potential damage to the nearshore environment has been minimized. Boats would likely use the
deeper water of Hood Canal so placing new aquaculture in the intertidal zone is not expected to affect
navigation. Public use of the intertidal surface waters could continue as it has in the past if this
proposal were to be approved and implemented. Cumulative impacts have been addressed by the
applicant and are expected to be minimal. No upland facilities are proposed and the gear proposed
for use for this farm is to be placed to avoid impacts to eelgrass and the reduced eelgrass buffer. This
policy has been met.
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(d) Aquaculture use and development should locate in areas where biophysical conditions, such as
tidal currents, water temperature and depth, will minimize adverse environmental impacts. Individual
aquaculture uses and developments should be separated by a sufficient distance to ensure that
significant adverse cumulative effects do not occur.
Staff Comment: Based on information submitted by the applicant, conditions at the proposed
location are appropriate and no significant adverse cumulative effects would be expected. An
aquaculture operation previously existed at this location for decades so the biophysical conditions
appear to be suitable for this type of use.
(j) Commercial and recreational shellfish areas including shellfish habitat conservation areas are
critical habitats. Shellfish aquaculture activities within all public and private tidelands and bedlands
are allowed uses. Such activities include but are not limited to bed marking, preparation, planting,
cultivation, and harvest.
Staff Comment: The proposal is consistent with this policy.
JCC 18.25.440(2) presents uses and activities prohibited outright. This section of the SMP pertains
to in-water finfish aquaculture.
Staff Comment: In-water finfish aquaculture is not proposed.
JCC 18.25.440(3) identifies shoreline environment designation regulations for aquaculture:
(b) Aquatic. Aquaculture activities may be allowed subject to the use and development regulations of
the adjacent upland shoreline environment.
(c) Natural. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to
policies and regulations of this program. Geoduck aquaculture may be allowed with a conditional
use permit (C(d)). All finfish aquaculture is prohibited, except in-water finfish aquaculture may be
allowed with a conditional use permit (C(d)) where the area within the county’s jurisdiction extends
seaward more than eight miles from the OHWM, as measured perpendicularly from shore. This does
not require facilities to locate eight miles offshore; see other provisions of this section for siting
requirements and supplemental maps for additional information.
Staff Comment: The proposal is allowed in the Natural designation and the proposal has been
reviewed against all applicable policies and regulation in the SMP.
JCC 18.25.440(4) presents the shoreline regulations for aquaculture:
(a) When a shoreline permit is issued for a new aquaculture use or development, that permit shall
apply to the initial siting, construction, and/or planting or stocking of the facility or farm. If the
initial approval is a shoreline substantial development permit, it shall be valid for a period of five
years with a possible one-year extension. If the initial approval is a conditional use permit, it shall
be valid for the period specified in the permit.
Staff Comment: The shoreline permit is valid for five years.
(b) Ongoing maintenance, harvest, replanting, restocking of or changing the species cultivated in
any existing or permitted aquaculture operation is not considered new use/development, and shall not
require a new permit, unless or until:
(i) The physical extent of the facility or farm is expanded by more than 25 percent or more than
25 percent of the facility/farm changes operational/cultivation methods compared to the
conditions that existed as of the effective date of this program or any amendment thereto. If the
amount of expansion or change in cultivation method exceeds 25 percent in any 10-year period,
the entire operation shall be considered new aquaculture and shall be subject to applicable
permit requirements of this section; or.
(ii) The facility proposes to cultivate species not previously cultivated in the state of Washington.
Staff Comment: Not applicable – this is a new aquaculture application.
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(c) Aquaculture uses and activities involving hatching, seeding, planting, cultivating, raising and/or
harvesting of planted or naturally occurring shellfish shall not be considered development, as defined
in Article II of this chapter, and shall not require a shoreline substantial development permit, unless:
(i) The activity substantially interferes with normal public use of surface waters; or
(ii) The activity involves placement of any structures as defined in Article II of this chapter; or
(iii) The activity involves dredging using mechanical equipment such as clamshell, dipper, or
scraper; or
(iv) The activity involves filling of tidelands or bedlands.
Staff Comment: Structures would be placed in intertidal areas; therefore, this proposal requires a
shoreline substantial development permit.
(d) The county shall assess the potential for interference described in subsection (3)(c) of this section
on a case-by-case basis. All proposed new aquaculture uses or developments shall submit a joint
aquatic permit application (JARPA) and SEPA checklist to enable assessment by the county.
Activities shall not be considered to substantially interfere with normal public use of surface waters,
unless:
(i) They occur in, adjacent to or in the immediate vicinity of public tidelands; and
(ii) They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a
regular basis and in a manner that substantially obstructs public access, or passage from public
facilities such as parks or boat ramps; or they exclude the public from more than one acre of
surface water on an ongoing or permanent basis.
Staff Comment: A JARPA and SEPA Environmental Checklist were submitted. The proposal is not
adjacent to public tidelands nor would it be expected to substantially interfere with normal use of
surface waters.
(e) Aquaculture activities not listed in subsection (4)(c) of this section and listed activities that fail to
meet any of the criteria in subsection (1)(b) of this section shall require a shoreline substantial
development permit (SDP) or conditional use permit (CUP), and shall be subject to all of the
following regulations:
(i) Subtidal, intertidal, floating, and upland structures and apparatus associated with aquaculture
use shall be located, designed, and maintained to avoid adverse effects on ecological functions
and processes.
(ii) The county shall consider the location of proposed aquaculture facilities/farms to prevent
adverse cumulative effects on ecological functions and processes and adjoining land uses. The
county shall determine what constitutes acceptable placement and concentration of commercial
aquaculture in consultation with state and federal agencies and tribes based on the specific
characteristics of the waterbody, reach, drift cell, and uplands in the vicinity of the farm/facility.
(iii) Upland structures accessory to aquaculture use that do not require a waterside location or
have a functional relationship to the water shall be located landward of shoreline buffers
required by this program.
(iv) Overwater work shelters and sleeping quarters accessory to aquaculture use/development
shall be prohibited.
(v) Floating/hanging aquaculture structures and associated equipment shall not exceed 10 feet in
height above the water’s surface. The administrator may approve hoists and similar structures
greater than 10 feet in height when there is a clear demonstration of need. The 10-foot height
limit shall not apply to vessels.
(vi) Floating/hanging aquaculture facilities and associated equipment, except navigation aids,
shall use colors and materials that blend into the surrounding environment in order to minimize
visual impacts.
(vii) Aquaculture use and development shall not materially interfere with navigation or access to
adjacent waterfront properties, public recreation areas, or tribal harvest areas. Mitigation shall
be provided to offset such impacts where there is a high probability that adverse impacts would
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occur. This provision shall not be interpreted to mean that an operator is required to provide
access across owned or leased tidelands at low tide for adjacent upland owners.
(viii) Aquaculture uses and developments, except in-water finfish aquaculture, shall be located at
least 600 feet from any National Wildlife Refuge, seal and sea lion haulouts, seabird nesting
colonies, or other areas identified as critical feeding or migration areas for birds and mammals.
In-water finfish facilities, including net pens, shall be located 1,500 feet or more from such areas.
The county may approve lesser distances based upon written documentation that U.S. Fish and
Wildlife Service (USFWS), Washington Department of Fish and Wildlife (WDFW) and affected
tribes support the proposed location.
(ix) Aquaculture uses and development shall be sited so that shading and other adverse impacts
to existing red/brown macro algae (kelp), and eelgrass beds are avoided.
(x) Aquaculture uses and developments that require attaching structures to the bed or
bottomlands shall use anchors, such as helical anchors, that minimize disturbance to substrate.
(xi) Where aquaculture use and development are authorized to use public facilities, such as boat
launches or docks, the county shall reserve the right to require the applicant/proponent to pay a
portion of the maintenance costs and any required improvements commensurate with the
applicant’s/proponent’s use.
(xii) Aquaculture use and development shall employ nonlethal, nonharmful measures to control
birds and mammals. Control methods shall comply with existing federal and state regulations.
(xiii) Aquaculture use and development shall avoid use of chemicals, fertilizers and genetically
modified organisms except when allowed by state and federal law.
(xiv) Non-navigational directional lighting associated with aquaculture use and development
shall be used whenever possible and area lighting shall be avoided and minimized to the extent
necessary to conduct safe operations. Non-navigational lighting shall not adversely affect vessel
traffic.
(xv) Aquaculture waste materials and by-products shall be disposed of in a manner that will
ensure strict compliance with all applicable governmental waste disposal standards, including
but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water
Pollution Control Act (Chapter 90.48 RCW).
Staff Comment: The following addresses subsections (i) through (xv):
(i) Based on information submitted, the proposed location would be suitable for the proposed use.
Some of the measures being implemented to minimize impacts to the shoreline environment
include installing equipment that will not rest on the substrate and placing equipment in intertidal
areas that avoid impacts to native eelgrass and forage fish. This proposal is subject to review
under SEPA and DCD did not receive any comments from federal or state agencies or from tribal
representatives that would indicate the proposal may have adverse effects on the shoreline
environment if placed at this location.
(ii) Cumulative impacts were assessed as part of the review, including the location of the proposal
relative to another permitted aquaculture projects. There is no indication that this proposal would
result in adverse cumulative impacts to the shoreline environment (Exhibit 2).
(iii) No new upland structures or other development are proposed.
(iv) Not applicable as overwater shelters and sleep areas are not proposed.
(v) No portion of the proposal will be more than 10 feet above the surface of the water.
(vi) The SEAPA baskets will be mostly submerged when the tide is in. The baskets are black and
would, therefore, not be likely to contrast with the existing shoreline environment. The upland
parcels north of the project remains mostly undeveloped so the visibility of the baskets to
adjacent residential parcels is limited. Visual and aesthetic impacts are expected to be minimal.
(vii) The proposal is not expected to materially interfere with navigation, access to waterfront
properties or public recreational areas so no mitigation was required. Small boats and
recreationists can still access and use this portion of the shoreline, while bigger boats would be
expected to use the deeper waters of Hood Canal, which is where the bridge opens.
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(viii) There is no information that would indicate the proposal is within 600 feet of a National
Wildlife Refuge, haul out location, nesting colony, or critical feeding and migration area nor did
DCD did receive any comments during noticing that would indicate such areas are present in the
vicinity of the project area.
(ix) The proposal avoids kelp and native eelgrass. Kelp was not found in the project area and
oysters will be raised at least 16.5 feet from native eelgrass patches.
(x) Rebar racks will secure the baskets while minimizing the disturbance to the substrate.
(xi) A vessel will be put in the water from a boat launch at Shine Tidelands State Park, just north
of the Hood Canal Bridge. While DCD did not receive comments from Washington State Parks
and Recreation Commission, a condition has been added to ensure compliance with this
regulation.
(xii) Lethal and/or harmful means of controlling birds and mammals are not proposed, and the
permit is conditioned to prohibit lethal and harmful predator control.
(xiii) Chemical controls, fertilizers, and genetically modified organisms are not proposed, and to
ensure compliance with this regulation, the permit is conditioned to prohibit the use of these
substances unless allowed by state and federal law.
(xiv) No noticeable light or glare is expected from this project as workers will use individual
headlamps (6,000 lumens or less) during night work between October and March (for three days
in a row every other week). No vessel lighting is proposed. For these reasons, lighting used for
this proposal would not be expected to affect navigation.
(xv) A permit condition is added to ensure that all unnecessary gear is removed from the project
area and disposed of at an approved off-site facility.
(f) Prior to approving a permit for floating/hanging aquaculture use and development or bottom
culture involving structures, the county may require a visual analysis prepared by the
applicant/proponent describing effects on nearby uses and aesthetic qualities of the shoreline. The
analysis shall demonstrate that adverse impacts on the character of those areas are effectively
mitigated.
Staff Comment: The proposal would be located in an area where the adjacent uplands are relatively
undeveloped with low to no visibility from adjacent parcels. The baskets may be visible during low
tides but are not likely be a visual or aesthetic issue for the adjacent upland parcels. Recreational uses
(such as kayaking, bird watching) can continue if this proposal is approved and implemented. The
area had previously been used for aquaculture for decades (until 2017) so this proposal is not likely to
have adverse impacts on the character of those areas in the vicinity of the project area.
JCC 18.25.440(6)(a) and (b) present application requirements for aquaculture.
Staff Comment: The applicant submitted all information needed to show compliance with SMP
requirements. As noted above, the proposal is not expected to adversely affect the character of the
area.
JCC 18.25.540 presents substantial development permit criteria: To be authorized, all uses and
developments shall be planned and carried out in a manner that is consistent with this program and
the policy of the Act as required by RCW 90.58.140(1), regardless of whether a shoreline permit,
statement of exemption, shoreline variance, or shoreline conditional use permit is required.
Staff Comment: The application was reviewed against all applicable sections of the SMP.
JCC 18.25.230(1), which pertains to shorelines of statewide significance, states: In accordance with
RCW 90.58.020, the county shall manage shorelines of statewide significance in accordance with this
section and in accordance with this program as a whole. Preference shall be given to uses that are
consistent with the statewide interest in such shorelines. Uses that are not consistent with this section
or do not comply with the other applicable policies and regulations of this program shall not be
permitted on shorelines of statewide significance.
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Staff Comment: The proposal is a preferred use that is consistent with statewide interests. For this
reason, the department is recommending approval with conditions.
JCC 18.25.230(2) provides requirements for approving a use or development within a shoreline of
statewide significance:
(a) Recognize and protect the statewide interest over local interest.
Staff Comment: As stated in JCC 18.25.440(1)(a), aquaculture is a preferred, water-dependent use of
regional and statewide interest. This proposal is consistent with the above-referenced policy and this
requirement.
(b) Preserve the natural character of the shoreline.
Staff Comment: The natural character of the shoreline would be retained. No grading of the
intertidal zone is proposed, water would continue to flow around and through the rebar racks and
SEAPA baskets, and the project avoids impacts to eelgrass and the upper beach.
(c) Result in long-term over short-term benefit.
Staff Comment: The long-term benefit is the use of the shoreline for a preferred, water-dependent
commercial development. RCW 90.58.020 allows alteration of the natural shoreline condition for
this type of shoreline use.
(d) Protect the resources and ecology of the shoreline.
Staff Comment: The proposal is not expected to substantively alter shoreline resources or ecological
conditions. Any disturbances to the shoreline environment to place rebar in the substrate would be of
limited duration and the disturbed sediments would be expected to settle in close proximity to the
SEAPA baskets.
(e) Increase public access to publicly owned areas of the shorelines.
Staff Comment: This proposal would be located on private tidelands and is not intended to increase
public access. It should be noted this proposal, if approved, would not limit the ability of the public
to access the shoreline for recreational purposes.
(f) Increase recreational opportunities of the public in the shorelines.
Staff Comment: The proposal is not intended to increase recreational opportunities, but those that
currently exist would be able to continue.
(g) Provide for any other element as defined in RCW 90.58.100.
Staff Comment: This RCW pertains to SMP contents and provisions; the proposal is consistent with
this section of the RCW.
JCC 18.25.240 designates shorelines of statewide significance.
Staff Comment: The proposal location meets subsection (2), which includes the waters of Hood
Canal between the OHWM and the line of extreme low tide south of the line between Tala Point and
Foulweather Bluff.
JCC 18.25.250 presents use preferences within shorelines of statewide significance.
(1) When shoreline development or redevelopment occurs, it shall include restoration and/or
enhancement of ecological conditions if such opportunities exist;
Staff Comment: Restoration or enhancement is not proposed. However, the Habitat Management
Plan addresses measures to conserve the natural environment and the permit is conditioned to comply
with these measures.
(2) State and federal resource agencies, co-managers, and tribes, shall be consulted for development
proposals that affect anadromous fish, shellfish, marine birds, and other shoreline resources;
Staff Comment: The proposal was noticed to allow input from other agencies and interested parties.
No comments were received from federal or state agencies or from tribal staff that would indicate
shoreline resources may be adversely affected by the proposal if all permits are obtained and all
permit conditions are followed.
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(3) Areas that are subject to commercial timber harvest pursuant to the Forest Practices Act and
RCW 90.58.150 should be reforested as soon as possible and in accordance with the Forest Practices
Act and the Forest and Fish Report.
Staff Comment: Not applicable to this proposal.
(4) Uses that are sustainable, that do not deplete natural resources, and that are compatible with
other approved uses shall be preferred over uses that do not have these qualities;
Staff Comment: Aquaculture is a preferred use and is assumed to be consistent with this provision.
(5) Uses that provide long-term benefits shall be preferred over uses that provide only short-term
gains;
Staff Comment: This aquaculture proposal would provide long-term economic benefits and may
provide some level of water quality improvements.
(6) Uses that preserve aesthetic qualities shall be preferred over uses that impact aesthetic qualities;
Staff Comment: The proposal would have little to no visual impacts on adjacent residential parcels
and does not have sufficient height to affect views from the water. The proposal, therefore, is not
expected to impact aesthetic qualities if approved.
(7) Uses that require a shoreline location shall be preferred over non-water-related uses. Non-
water-related uses should be located outside the shoreline jurisdiction or in areas where they will not
interfere with or displace preferred uses or public access;
Staff Comment: This aquaculture proposal requires a shoreline location.
(8) Commercial shellfish beds, areas that support recreation and tourism, and other economic
resources of statewide importance shall be protected;
Staff Comment: The proposed aquaculture farm would be an economic resource.
(9) Uses that have the potential to cause significant erosion and sedimentation due to excavation,
land clearing, or other activities shall be strictly regulated to prevent adverse impacts to shoreline
functions and processes;
Staff Comment: Excavation and land clearing are not proposed. The proposal would not be expected
to cause significant erosion or sedimentation.
(10) All public access and recreation use and development shall be designed to protect the
ecological resources upon which such activities depend; and
Staff Comment: Public access and recreation are not proposed nor would the proposal eliminate
recreational use of the area.
(11) Public and private development shall be encouraged to provide trails, viewpoints, water access
points and water-related recreation opportunities where conditions are appropriate for such uses.
Staff Comment: Not applicable to this aquaculture application.
JCC 18.25.270 addresses critical areas, shoreline buffers, and ecological protection.
Staff Comment: Existing shoreline ecological processes and functions would be expected to be
retained if the proposal is approved. An eelgrass survey and a habitat management plan were
submitted to address ecological protection. No development is proposed in shoreline buffers.
JCC 18.25.280 addresses historic, archaeological, cultural, scientific and educational resources.
Staff Comment: No comments were received that would indicate the proposal has the potential to
impact these resources.
JCC 18.25.290 addresses public access.
Staff Comment: Aquaculture proposals are not required to provide public access to private tidelands.
JCC 18.25.300 addresses shoreline setbacks and height.
Staff Comment: Not applicable to this proposal as aquaculture operations in the area landward of
OHWM are not proposed.
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JCC 18.25.310 addresses vegetation conservation.
Staff Comment: The proposal avoids native eelgrass and no alteration of vegetation above OHWM is
proposed.
JCC 18.25.320 addresses water quality and quantity.
Staff Comment: Subtidal sediment would be disturbed to place the rebar racks in the tidelands, but
water quality and quantity are not likely to be negatively affected by installation or operation of the
proposed project. No upland development is proposed so surface water runoff would not be an issue
for this proposal.
RECOMMENDED CONDITIONS
Based on the above findings, staff recommended conditions are presented below. These conditions may
be modified by the Jefferson County Hearing Examiner and the Washington State Department of
Ecology.
1. Work within the jurisdiction of the Shoreline Master Program other than as described above shall
receive separate review from this Department.
2. The permittee is authorized to construct and operate an oyster farm on approximately two acres of
intertidal habitat.
3. The permittee shall remove all derelict gear from a previous shellfish operation.
4. Substantial progress towards completion of the project shall be performed within two years of the
issuance of the permit.
5. The permittee shall ensure that all measures in the Habitat Management Plan prepared by
Confluence Environmental Company (dated May 2024) to protect the natural shoreline environment
are implemented. This includes, but is not limited to, measures pertaining to gear installation and
siting; maintenance, repair, and work; species-specific activities; and farm plan record keeping.
6. Flood hazard reduction measures shall be used in compliance with the Jefferson County Flood
Damage Prevention Ordinance, as codified in Chapter 15.15 of the Jefferson County Code.
7. To comply with the Federal Emergency Management Agency’s Biological Opinion, the permittee
shall comply with all conditions in federal permits, including those that pertain to protection of
federally-listed species.
8. Rebar racks and SEAPA baskets shall be installed at least 16.5 feet from any native eelgrass bed or
patch. Eelgrass patches may migrate over time and it is the responsibility of the Permittee to ensure
that no aquaculture operations occur within 16.5 feet of native eelgrass.
9. If public boat launches are used, the applicants shall negotiate all applicable fees with the public
entity, including maintenance.
10. Chemicals and fertilizers are prohibited.
11. Headlamps used for nightwork shall not exceed 6,000 lumens.
12. Active predator control was not proposed and is not approved for this aquaculture farm. Non-lethal
pest control techniques shall be used.
13. All gear shall be made of materials that would not be expected to have a negative effect on the
shoreline environments.
14. Gear shall not be stored on the beach or in the tidelands and must be removed at the end of the work
day.
15. Toxic compounds shall not be used or come in contact with the marine environment.
16. Aquaculture activities will be timed so that forage fish and spawning habitats are not disturbed.
17. The permittee shall ensure that proper disposal of gear and trash occurs. Gear that is not immediately
needed shall be removed from the project area. All excess or unsecured materials and trash shall be
removed from the project area prior to the next incoming tide.
18. Vessels shall be used in a manner that minimizes disturbance to marine flora and fauna. The
permittee shall ensure that vessels do not ground out or anchor in native eelgrass beds or on kelp.
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19. Vessels shall not be used in the dark. Navigational vessel lighting was not proposed and is not
approved.
20. Vessels shall be used in deeper water to minimize the potential for propellor scour.
21. Vessels used within any waterbody shall be inspected daily for leaks. The permittee shall ensure all
leaks are detected and repaired prior to the vessel leaving the staging area.
22. The permittee shall ensure vessels do not drag anchors, chains, ropes, or other equipment through
intertidal and subtidal substrates.
23. All gas-powered vehicles, including vessels, shall contain a spill kit.
24. Clearing, grading, or other ground-disturbing activities above ordinary high water mark (OHWM) is
not permitted.
25. The permittee shall ensure workers are adequately trained so that the aquaculture use complies with
all biological reports submitted to the county and with all permit conditions intended to protect the
natural shoreline environment.
26. Nothing shall be built, staged, or stored within the Killapie Beach Road right-of-way.
27. Use of Killapie Beach Road shall not be used in support of shellfish operations.
28. As required by other Conditions of Approval, the Permittee shall develop and operate in its
Project as described in its application materials and supporting reports, and in compliance with
other state or federal permits issued for any aspect of this project, including without limitation the
following requirements and others added to provide clarity and transparency for the Permittee,
county staff, project neighbors, and the general public, in any subsequent compliance or
enforcement matter:
A. The Permittee shall label gear and equipment placed in the tidelands with identification so
that it can be more easily identified if discovered to have moved from its initial location.
B. The Permittee has stated that the following shall be used to raise oyster: rebar, SEAPA
baskets, synthetic and nylon lines, UV-resistant high-density polyethylene floating bags, wedge
anchors, and screw anchors. The Permittee shall regularly update the inventory of all non-
biodegradable gear and materials used as part of this aquaculture project (including without
limitation plastic items), categorizing the type, volume, location, and intended use of such
materials. A copy of such written inventory shall be submitted to the Shoreline Administrator,
and placed in the Permit file, with updates provided as needed to keep the inventory current, at
least on a semi-annual basis.
C. The Permittee shall clean all oyster baskets as necessary to remove biofouling.
D. Oysters are to be harvested by hand.
E. All activities undertaken in connection with this Project shall be conducted in compliance with
any applicable fish or habitat related work windows.
F. The Permittee shall perform beach patrols in the Project area within 24 hours of storm events
or king tide events or as soon as safe conditions exist, with the retrieval by Permittee of any of its
escaped equipment.
G. The Permittee shall retrieve any of its escaped equipment within 72 hours of the Permittee
receiving notification of the presence of the Permittee’s escaped equipment, or as soon as safe
conditions exist.
H. The Permittee is to provide contact numbers/email addresses for addressing and responding to
reports of any permit violations (including without limitation reports of escaped equipment),
shared with the County, and shared with individuals who request the contact information from the
Permittee.
29. All activities and development authorized by this permit shall be consistent with the approved
Project site plan and details included in the application materials, and compliant with current
County codes, state regulations, health and safety codes, and federal law applicable to any aspect
of the project or aquaculture operations, including without limitation all applicable standards and
regulations for aquaculture projects found in JCC 18.25.440.
30. The Permittee shall obtain any associated permit, lease, license, or approval required by any state,
federal, tribal, or other regulatory body with jurisdiction over any aspect of the project or
proposed aquaculture operations. Any conditions of regulatory agency permits, leases, licenses,
or approvals issued for any aspect of this project shall be considered conditions of approval for
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this permit and are incorporated herein by this reference, including, without limitation terms of
any lease issued and approved by the Washington Department of Natural Resources or the permit
issued by the Army Corps of Engineers.
31. The Permittee shall comply with all professional report conclusions and recommendations
submitted in connection with the pending application for this project, as approved, referenced,
relied-upon, and/or modified by the County.
32. Filing with the Department of Ecology; no construction allowed until appeal periods (and
any appeals) have concluded. Consistent with WAC 173-27-190, it is expressly understood that
construction or development activities pursuant to this permit shall not begin and are not
authorized until twenty-one days from the date of filing with the Department of Ecology as
defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated
within twenty-one days from the date of such filing have been terminated; except as provided in
RCW 90.58.140(5)(a) and (b).
33. Term of Permit. Consistent with JCC 18.25.440(4), because this shoreline substantial
development permit is issued to authorize a new aquaculture use or development, this permit shall
apply to the initial siting, construction, and/or planting or stocking of the facility or farm, and
such approval shall be valid for a period of five years after the effective date of this permit;
provided, that the County’s Shoreline Administrator may authorize a single extension for a period
not to exceed one year based on reasonable factors, if a request for extension has been filed
before the expiration date and notice of the proposed extension has been given to parties of record
and the Department of Ecology. Any change to the time limits of this permit other than those
authorized by this Condition shall require a new permit application.
34. As explained in JCC 18.25.440(4)(b), ongoing maintenance, harvest, replanting, restocking of or
changing the species cultivated in any existing or permitted aquaculture operation is not
considered new use/development, and shall not require a new permit, unless or until:
(i) The physical extent of the facility or farm is expanded by more than 25 percent or more than
25 percent of the facility/farm changes operational/cultivation methods compared to the
conditions that existed as of the effective date of this program or any amendment thereto. If the
amount of expansion or change in cultivation method exceeds 25 percent in any 10-year period,
the entire operation shall be considered new aquaculture and shall be subject to applicable permit
requirements of this section; or
(ii) The facility proposes to cultivate species not previously cultivated in the state of Washington.
35. JCC 18.25.780 provides that any shoreline permit issued by the County may be rescinded or
modified upon a finding by the hearing examiner that the permittee or their successors in interest
have not complied with conditions attached thereto, and that the administrator shall initiate
recession or modification proceedings by serving written notice of noncompliance to the
permittee or their successors and notifying parties of record at the original address provided in
application review files.
36. Violations of a Shoreline Permit, including any conditions of approval, are subject to enforcement
action by County or State officials, which can include substantial fines or penalties, abatement,
corrective action, or other remedies set forth in County Codes and state shoreline regulations.
37. The Permittee shall implement the Voluntary Compliance Agreement, which addresses the
unpermitted development on three upland parcels associated with this shoreline application.
Prepared by Project Planner Donna Frostholm August 2, 2025.
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ATTACHMENT A:
EXIBIT LIST
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EXHIBIT LIST
Item No:Item/description Date Type
1 Pre-application meeting notes/submittal 4/26/2024 G
2 Application 6/3/2024 A
3 Email with representative, re: notice of application 7/1-2/2024 G
4 Notice of Application 7/9/2024 N, S
5 Affidavit of Posting 7/9/2024 N, S
6 Comment - Public Works 7/10/2024 C
7 Photos - Site Visit 080724 8/7/2024 G
8 Email from representative 8/14/2024 G
9 Email follow up - Public Works 8/14/2024 G
10 Comment - Showalter 8/29/2024 C
11 Request for Additional Information and Applicant Response 8/16-30/2024 G
12 Communications with representative 9/13-27/2024 G
13 Communications with representative 10/8-17/2024 G
14 Communications with representative 11/12-26/2024 G
15 Photos - Site Visit 120424 12/4/2024 G
16 Email - Showalter 11/13/2025 C
17 Communications with Public Works 12/16/2024 G
18 Communications with representative 12/6-23/2024 G
19 Communications with representative 1/8-13/2025 G
20 Request for Add'I Info, Applicant Response, and Scheudule On-site Meeting 1/15-24/2025 G
21 Communications with Public Works 1/22/2025 G
22 Photos - Site visit 012725 1/28/2025 G
23 Communications with representative 1/29-2/5/2025 G
24 Site Visit Meeting Notes 2/3/2025 G
25 Letter from representative, re: rock gabions 2/27/2025 A
26 Phone call with representative - brief summary 2/6/2025 G
27 Phone call with representative - brief summary 3/12/2025 G
28 Phone call with representative - brief summary 3/18/2025 G
29 Phone call with representative - brief summary 3/24/2025 G
30 Communications with representative 4/17-21/2025 G
31 Communications with representative 5/5-12/2025 G
32 Email - Showalter 5/12-13/2025 G
33 Coordination with Office the Hearing Examiner - Public Hearing 5/15/2025 G
34 Threshold Determination 5/15-20/2025 N, S
35 Email - Corbett 5/20/2025 G
36 Email - Showalter 5/20/2025 G
37 Email - Office of the Hearing Examiner 5/22/2025 G
38 Email - Brenna 5/23/2025 G
39 Emails - Schedule Public Hearing 5/22-6/2/2025 G
40 SEPA Appeal 6/3/2025 S
41 Receipt by Email 6/9/-12/2025 G
42 Pre-hearing Issues 6/10/2025 G
43 Email to schedule pre-hearing conference 6/17/2025 G
44 Order Confirming Pre-hearing Conference 7/3/2025 G
45 Affidavit of Publication - Notice of Application 8/1/2024 N,S
46 Pre-hearing Email 7/8/2025 G
47 Photos: Notice of Public Hearing Posting 7/29/2025 N,S
48 Emails, re: Appellants' Preliminary Witness and Exhibit List 7/30/2025 G
49 Emails from Residents 7/24-29/2025 C
Key to Types
A = Application L = Maps
C = Comments N = Notices
G = General R = Reports
S = SEPA
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Item No:Item/description Date Type
50 Notice of Public Hearing 7/30/2025 N, S
CA-01 SEPA Appeal 6/3/2025 APP
CA-02 Letter from Appellants to Hearing Examiner 6/10/2025 APP
CA-03 Appellants' Motion for Continuance of Public Hearing 6/24/2025 APP
CA-04 Appellants' Motion for Administrative Practices 6/24/2025 APP
CA-05 Rock Island Shellfish Response to Motion for Continuance 6/25/2025 RI
CA-06 Rock Island Shellfish Response to Motion for Admin. Practices 6/25/2025 RI
CA-07 Appellants' Motion to Dismiss 7/3/2025 APP
CA-08 Respondents' Motion to Dismiss 7/15/2025 DCD, RI
CA-09 [Proposed] Order Granting Respondents' Motion to Dismiss 7/15/2025 DCD, RI
CA-10 First Declaration of Robert Carson 7/15/2025 RI
CA-11 First Declaration of Donna Frostholm 7/15/2025 DCD
CA-12 Certificate of Service 7/15/2025 DCD
CA-13 Appellants' Response to Respondents' Motion to Dismiss 7/22/2025 APP
CA-14 Joint Response to Appellants' Motion to Dismiss 7/22/2025 DCD, RI
CA-15 Second Declaration of Donna Frostholm 7/22/2025 DCD
CA-16 Certificate of Service 7/22/2025 DCD
CA-17 Joint Response to Appellants' Motion to Dismiss 7/23/2025 DCD, RI
CA-18 Rock Island Shellfish Preliminary Witness and Exhibit Lists (Applicant) 7/29/2025 RI
CA-19 Programmatic Biological Assessment (Applicant 072925)7/29/2025 RI
CA-20 Shellfish NMFS Biop (Applicant 072925)7/29/2025 RI
CA-21 NMFSBiOp Errata Memo Revised (Applicant 072925)7/29/2025 RI
CA-22 Shellfish USFWS BiOp 2016 08 26 (Applicant 072925)7/29/2025 RI
CA-23 Certificate of Service (County 072925)7/29/2025 DCD
CA-24 Witness and Exhibit List (County 07/29/25)7/29/2025 DCD
CA-25 Certificate of Service (County 072925)7/29/2025 DCD
CA-26 Respondents' Reply on Motion to Dismiss (County 072925)7/29/2025 DCD, RI
CA-27 Third Declaration of Donna Frostholm (County 072925)7/29/2025 DCD
CA-28 Appellants Reply w att 072525 2024-00006 7/29/2025 APP
CA-29 Second Declaration Marilyn Showalter 7/29/2025 APP
CA-30 Appellants reply to appellant's motion to dismiss 7/29/2025 APP
Key to Types
A = Application L = Maps
C = Comments N = Notices
G = General R = Reports
S = SEPA
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049 Emails from Residents
CA received 08/115
EXHIBIT CL08
From:John Simpson
To:Donna Frostholm
Cc:Showalter Marilyn
Subject:Did not see shellfish application for Killipie Rd.
Date:Thursday, July 24, 2025 2:17:09 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links
if you are not expecting them.
Dear Ms Frostholm:
I live at 941 Shine Rd. I am writing about the application for a shellfish farming installation on Killipie Road. I did
not see any notice about a public comment period, and I would like to be able to comment on this proposal.
I would request please that a period for public comment be re-issued, with notice of such posted in visible places
along Shine Road.
Thank you for your consideration.
Sincerely, John B. Simpson
CA received 08/115
EXHIBIT CL08
From:Marcia Schwendiman
To:Donna Frostholm
Subject:Failure to post adequate notice for Killapie Beach Shellfish Proposal
Date:Thursday, July 24, 2025 4:45:31 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
To: Donna Frostholm
Re: I Never Saw Notice of Killapie Beach Shellfish Proposal
Dear Ms. Frostholm,
I live at 23 Longmire Lane, Port Ludow, WA 98365. I'm writing to tell you that I never
saw any notice of a plan for a shellfish operation off of Killapie Beach Road. I regularly
drive and walk Shine road between my home and the Hood Canal Bridge and sometimes
the closed roads that the County no longer maintains.
There is only one road that carries public traffic in and out of the Shine community, and
that is Shine Road. If you are going to post a notice where you want people to see it, it
needs to be posted on Shine Road. It is my understanding that under Jefferson
County Code, the County is required to post a physical notice "where it is
completely visible to vehicle traffic and pedestrians.” It appears to me that
this was not done.
We learned only last week that the notice was posted down at the site. Killapie
Beach Road is marked with a sign and red diamond, just a short distance in
from Shine Road, that says "End of County Road.” No one would have seen this
walking or driving.
If I hadn't learned about this proposal from Marilyn Showalter, I wouldn't know about it
at all. I think the County should post a new notice with a new public comment period.
I would like to know that you received this e-mail from me. Please reply to
marciaschwendiman@gmail.com.
Thank you,
Marcia Schwendiman
23 Longmire LN
Port Ludlow, WA 98365
CA received 08/115
EXHIBIT CL08
From:Sue Corbett
To:Donna Frostholm
Subject:Flawed notice of Killapie Beach Shellfish Proposal
Date:Monday, July 28, 2025 9:35:15 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Re: Flawed notice of Killapie Beach Shellfish Proposal
Donna Frostholm,
I live in Shine at 31 Churchill Lane, Port Ludlow. I am writing to complain that notice of the
proposed shellfish operation was never posted along Shine Road. I never saw the notice as it
was not visible from Shine Road. Killapie Beach Road is closed to traffic because it is a slide
area. What is the use of a notice that is out of public view.
The county should post a new notice with a new comment period.
Respectfully,
Sue Corbett
Suec71@gmail.com
CA received 08/115
EXHIBIT CL08
From:Nellie Andersen
To:Donna Frostholm
Cc:Nezam T.
Subject:Hidden Posting for Killapie Beach Shellfish Proposal
Date:Monday, July 28, 2025 10:38:48 AM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.Dear Ms. Frostholm,
We live at 162 Longmire Lane, Port Ludlow which is a road off of Shine Road. We areconcerned and disappointed to learn that the notice for a plan for a shellfish operationoff of Killapie Beach Road was not posted in a visible place for our community to see.
There is only one road that carries public traffic in and out of the Shine community, andthat is Shine Road. If you are going to post a notice where you want people to see it, itneeds to be posted on Shine Road. As posted, it feels like this information was beinghidden from view.
If we hadn't learned about this proposal from Marilyn Showalter, we wouldn't know aboutit at all. We request that the County post a new notice with a new public commentperiod. Thank you.
Nellie Andersen & Nezam Tooloee
162 Longmire Lane
Port Ludlow, WA. 98365
CA received 08/115
EXHIBIT CL08
From:Steve Aos
To:Donna Frostholm
Subject:Insufficient Notice of Killapie Beach Shellfish Proposal
Date:Tuesday, July 29, 2025 2:23:10 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Dear Ms. Frostholm,
My name is Steve Aos, and I live at 1596 Shine Road. I am concerned that the proposed
Killapie Beach shellfish operation was insufficiently posted so that local residents could
properly review the application (it was posted well off of Shine Road). The application should
be required to be re-noticed.
In addition to the improper placement of the notice, I am particularly concerned about the fire
hazards posed by the site, since there is evidence that flammable materials are, or have been,
at the location. I believe that East Jefferson fire trucks are unable to access the location and
this poses real concerns for all the residents along Shine Road.
Thank you for your attention,
Steve Aos
1596 Shine Road
Sent from Outlook
CA received 08/115
EXHIBIT CL08
From:cpmarquis@yahoo.com
To:Donna Frostholm
Subject:Killapie Beach Shellfish Proposal Notification
Date:Friday, July 25, 2025 7:54:57 AM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Re: Never Saw Notice of Killapie Beach Shellfish Proposal
Dear Ms. Frostholm,
We live at 1662 Shine Road Port Ludlow WA. Please be advised that we never
saw any notice of a plan for a shellfish operation off of Killapie Beach Road.
We drive by Killapie Beach Road on a regular basis as that is the route we take
to cross Hood Canal Bridge and return. We don't know of any one that goes
down Killapie Road as it is only to a private residence There is only one road
that carries public traffic in and out of the Shine community, and that is Shine
Road. The notice was apparently posted at the site which is not visible to
anyone except maybe but the people living on Killapie Beach Road. We believe
this notice should have been posted on Shine Road where it would be visible to
vehicles as well as pedestrians in order for there to be proper notice for
comment.
If we had not learned about this proposal from Marilyn Showalter, we wouldn't
know about it at all. We request the County post a new notice with a new
public comment period. Thank you.
Charles and Patricia Marquis
CA received 08/115
EXHIBIT CL08
From:Sara Davis
To:Donna Frostholm
Subject:Never saw a notice for a Killapie Beach Shellfish Proposal.
Date:Sunday, July 27, 2025 9:19:13 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Dear Ms. Frostholm,
My name is Sara Davis. My husband and I live at 1254 Shine Road, Port Ludlow WA 98365. It
has come to our attention that a posted public notice for a Killapie Beach Shellfish Proposal
was posted at the end of Killapie Beach Road. This is in an area where the ground is unstable.
This road has one house on it and is a dead end. There is no reason to ever drive down
Killapie Beach Road. Posting a public notice on a road that almost no one ever uses to notify
the whole community seems unfortunate. If the sign was meant for people to see who live in
this area the sign should be posted where everyone can see it. Since everyone who lives in the
area navigates Shine Road to get to Highway 104 it seems appropriate that the sign should
have been posted on Shine Road near the entrance to Killapie Beach Road.
Please reconsider a plan which will allow the community an opportunity to read this public
notice and give them time to respond to it. Thank you for taking the time to read this letter.
Sincerely,
Sara and Ed Davis
1254 Shine Road
Port Ludlow WA 98365
CA received 08/115
EXHIBIT CL08
From:Elena Rodriguez Brenna
To:Donna Frostholm
Subject:Never Saw Notice of Killapie Beach Shellfish Proposal
Date:Friday, July 25, 2025 1:39:57 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Dear Ms. Frostholm,
I'm a resident of the Shine community. I understand from my fellow community member,
Marilyn Showalter, that there is a proposed plan for a shellfish operation off of Killapie Beach
Road. I never saw any notice regarding this plan.
I live at 110 Harbor View Pl, and travel up and down the length of Shine Road by foot and by
car frequently. Shine is the only road traveled by the public and the entire community to get in
and out of this area. Shine Road is where a public notice must be posted if you expect the
public it is aimed at to see it. Otherwise, the public is not being informed.
If Ms. Showalter had not alerted me to this matter, I would not know anything about it.
The county should post a new notice with a new public comment period.
Thank you for your attention.
Elena R. Brenna
110 Harbor View Place
Port Ludlow WA 98365
CA received 08/115
EXHIBIT CL08
From:K Lopilato
To:Donna Frostholm
Subject:Never Saw Notice of Killapie Beach Shellfish Proposal.
Date:Tuesday, July 29, 2025 9:28:24 AM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links
if you are not expecting them.
Dear Mrs. Frostholm
I live at 1520 Shine Rd. I want to tell you I never saw any notice of a plan for a shellfish operation off of Killapie
Beach Road. I travel via both ends of Shiine Road often, and I never saw any notice.
There is only one road that carries traffic in and out of the Shine community, and that is Shine Road. It wasn’t
posted on Shine Road. If you want people to see the notice, you have to post it on Shine Road.
If I hadn’t learned about this proposal from Marilyn Showalter, I would not know about it at all. I think the County
should post a new notice with a new public comment period.
Thank you,
Karen Lopilato
CA received 08/115
EXHIBIT CL08
From:Sue Corbett
To:Donna Frostholm
Subject:No notice visible from Shine Road for Killipie Road Shellfish Proposal
Date:Tuesday, July 29, 2025 9:28:41 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Dear Ms Frostholm,
I live at 31 Churchill Lane on Shine Road. I walk Shine Road almost every day past Killapie
Road and I have never seen a notice about a shellfish operation near Killapie Road. The
county should post a new notice with a new public comment period.
Thank you for considering my concern.
Randy Corbett
Rlcor@msn.com
CA received 08/115
EXHIBIT CL08
From:Steve Dittmar
To:Donna Frostholm
Subject:Notice of potential Shine area Shellfish Proposal not posted where people in the area have any chance to see it
Date:Friday, July 25, 2025 12:37:54 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Dear Ms. Frostholm,
I am a Shine area resident since 2012 and live at 30 Watney Ln (off of Shine Rd). I am about 1.25
miles from Killapie Beach road and travel by it every time I go to/across the Hood Canal Bridge,
which is several times a week.
I keep an eye out for notices for proposals like this and have not seen this notice anywhere visible
from Shine Road. I understand from Marilyn Showalter that this notice was posted far beyond the
end of the paved portion of Killapie Beach Road where the road turns into more of a path than a
road and the posting was beyond the sign stating “end of county road” which implies private
property is beyond. Neighbors are walking and driving along Shine road daily but certainly not down
this path that appears to be private. I believe there is only one occupied house on Killapie Beach
road so that road is likely only travelled by that one resident and their driveway is before the end of
the pavement. Save to say it is likely no one had an opportunity to see this posted notice.
Please reset the comment period and repost the notice up at the very beginning of Killapie Beach
road where it connects to Shine Road so our community has an opportunity to read the notice and
provide input.
My hunch is that you received little or no input from this essentially hidden notice. I believe this lack
of community input completely misrepresents the actual level of community interest and likely input
if/when the community is able to see the notice.
Thank you for considering my input
Steve Dittmar
206.619.6822
CA received 08/115
EXHIBIT CL08
From:Carolyn Eagan
To:Donna Frostholm
Subject:Oyster farm
Date:Saturday, July 26, 2025 11:14:32 AM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links
if you are not expecting them.
Dear Ms. Frostholm,
I am writing to tell you that I just learned from a neighbor about a proposed oyster farm off of Killapie Beach Rd. It
is my understanding that the county is obligated to post notice of any shellfish operations. I never saw a notice and I
drive by there all the time. I am asking that a notice be posted in a visible location and that that the time for
comments start when the notice is posted.
Thank you
Carolyn Eagan
Sent from my iPhone
CA received 08/115
EXHIBIT CL08
From:BC West
To:Donna Frostholm
Subject:We Have Never Seen Any Public Notice of the Killapie Beach Shellfish Proposal
Date:Thursday, July 24, 2025 2:17:37 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Dear Ms. Frostholm,
I live at 1482 Shine Rd, Port Ludlow.
I have just today been made aware of an application for a shellfish operation off of
Killapie Beach Road.
I am writing to tell you I have never seen any public notice along Shine Rd. of any such
application or plan, and I drive up/down that stretch of Shine Rd. multiple times each
week.
If not for the information provided to me by my neighbor, Marilyn Showalter, I would
have had no awareness whatsoever of this application.
Since Shine Rd. is the only road in/out of this community, and any application of this
type has an impact on this community. As such, I think it is incumbent on the county
(and/or any other involved agency) to prominently post any public notices on Shine Rd.
to ensure the community is fully aware of such applications, in order to have a fair and
reasonable opportunity to be informed and respond per public notice guidelines.
I request the County post a new public notice and initiate a new public comment period
for this application.
Thank you.
William and Cheryl West
CA received 08/115
EXHIBIT CL08
From:John Fabian
To:Donna Frostholm
Subject:Oops
Date:Thursday, July 24, 2025 2:08:50 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links
if you are not expecting them.
I heard from a neighbor, about a shellfish application related to our home on Shine Road. We did not get any other
notice.
John Fabian
CA received 08/115
EXHIBIT CL08
JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST10 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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050 Notice of Public Hearing
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EXHIBIT CL08
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CA received 08/115
EXHIBIT CL08
JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST11 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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ATTACHMENT B
Email Exhibits in PDF Portfolio
CA received 08/115
EXHIBIT CL08
JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST12 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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013 Communications with representative
CA received 08/115
EXHIBIT CL08
From:Donna Frostholm
To:Jesse DeNike
Subject:RE: SDP2024-00006 Rock Island Shellfish
Date:Thursday, October 17, 2024 12:31:00 PM
Hi Jesse,
Containers to be used in support of the aquaculture proposal that would be located within the
shoreline buffer on the three Carson parcels would likely be processed as a shoreline substantial
development application and not as a shoreline variance. This would be limited to development
needed for the proposed shellfish farm and would not be applicable to any other unpermitted
development on the property. Once DCD has had a chance to review the response to the requested
information, we will confirm the permitting process for the containers with you.
Thank you for the update on the road right-of-way.
Regards,
Donna Frostholm
Jefferson County DCD
From: Jesse DeNike <jesse@plauchecarr.com>
Sent: Thursday, October 17, 2024 11:03 AM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: RE: SDP2024-00006 Rock Island Shellfish
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hi Donna,
I’m checking back in to see where you are at in terms of your internal coordination on moving this
forward.
For what it’s worth, one other item mentioned in your Sep. 13, 2024 email related to any
development within the Killapie Beach Road right-of-way. Mr. Carson confirmed to me that any
development in the ROW near his property has been removed.
Thanks, and look forward to hearing back from you soon.
Jesse
From: Jesse DeNike
Sent: Thursday, October 10, 2024 10:43 AM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: RE: SDP2024-00006 Rock Island Shellfish
CA received 08/115
EXHIBIT CL08
Thanks for checking in on this, Donna. Yes, the code language that I mentioned during our call is
found in JCC 18.25.440. I appreciate that additional clarification you provide below.
I am out of the office tomorrow but around and available for most of next week. If I recall correctly,
you are doing some internal coordination (and perhaps also with Ecology) regarding the upland
containers, and then you were planning to loop back with me. Hopefully, you will be finished with
that next week and we can have a follow-up discussion.
Jesse
From: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Sent: Tuesday, October 8, 2024 10:50 AM
To: Jesse DeNike <jesse@plauchecarr.com>
Subject: SDP2024-00006 Rock Island Shellfish
Hi Jesse,
Just a quick follow up to the discussion we had last week. I am assuming the reference I made to the
two containers needed to support the proposed aquaculture farm as being something that the
county could potentially recommend for approval was based on code language in JCC 18.25.440
(aquaculture).
I am assuming that it was clear, but thought I should clarify, that the other issues in my email dated
September 13, 2024 are also applicable to the proposal and would be considered as part of the
county review of the submitted shoreline application.
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.
CA received 08/115
EXHIBIT CL08
JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST14 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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014 Communications with representative
CA received 08/115
EXHIBIT CL08
From:Jesse DeNike
To:Donna Frostholm
Subject:RE: SDP2024-00006 Rock Island Shellfish
Date:Tuesday, November 26, 2024 11:26:52 AM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hi Donna,
The site plan was prepared by consultants at Confluence Environmental Company. I asked
them to reconfirm with me that the site plan is to scale, and they said that it is. They also
said that the OHWM is accurate based on available information, and the shoreline buffer
and shoreline limits are accurately placed with respect to the indicated OHWM line.
With respect to the current use of the property, as previously discussed it was purchased
by Mr. Carson’s family recently to continue shellfish cultivation activities. When it was
acquired, there were areas of the uplands that had been previously cleared of vegetation,
some of which were infested with Himalayan blackberries. There were also prior structures
that had been used by the previous operators/owners.
Mr. Carson has been (and is currently) managing the property in support of aquaculture.
The only structures currently on the property (identified on the site plan and discussed
below) are in support of aquaculture. All areas currently without vegetation are in
historically cleared areas, and the only vegetation removal that Mr. Carson has conducted
is to remove Himalayan blackberries that have infested previously cleared areas. Further,
Mr. Carson has allowed native vegetation to reestablish in previously cleared areas. Mr.
Carson has a great appreciation for the natural environment and intends to keep the
footprint of operations to the minimum needed for the farm’s success.
With respect to the road right-of-way, there was some rock placed in that area previously,
and it was likely there during the August site visit. Mr. Carson has experienced other
individuals operating vehicles in that right of way in a dangerous or intimidating manner,
and the rock helped dissuade those activities. Given concerns were raised regarding
materials placed in the right of way, this rock has now been removed from the right of way.
If you have any questions or concerns regarding the above items, it may be most efficient
to discuss over a call. Please let me know if that is the case, and when you expect the
hearing to be scheduled.
Thank you.
Jesse
From: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Sent: Monday, November 25, 2024 10:05 AM
To: Jesse DeNike <jesse@plauchecarr.com>
Subject: RE: SDP2024-00006 Rock Island Shellfish
CA received 08/115
EXHIBIT CL08
Hi Jesse,
The site plan submitted on November 12 identified the historic aquaculture use of the property, but
does not describe the current use. Based on the site visit DCD made last August, recent
development has occurred on the parcels and/or within the road right-of-way, indicating a current
use of the property. Also, aerial photographs indicate clearing has occurred on the parcels over the
past several years. Please provide information about the current use of the property (second bullet
in my September 13, 2024 email to you).
Confirm that the site plan sent in is to scale.
Confirm that you believe the ordinary high water mark, shoreline buffer, and limits of shoreline
jurisdiction are shown correctly on that sheet. I am asking for you to verify the accuracy of the site
plan because it does not appear to agree with county mapping.
Once I receive your response to the above comments, I will move forward with my review of the
application.
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: Jesse DeNike <jesse@plauchecarr.com>
Sent: Wednesday, November 20, 2024 1:44 PM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: RE: SDP2024-00006 Rock Island Shellfish
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hi Donna,
I’m checking in to see if you have any questions about the site plan I sent last week, and to
check to see when we might get the hearing scheduled. Thanks.
Jesse
CA received 08/115
EXHIBIT CL08
From: Jesse DeNike
Sent: Tuesday, November 12, 2024 1:57 PM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: RE: SDP2024-00006 Rock Island Shellfish
Hi Donna,
Please see attached site plan, provided in response to your earlier request. A few notes for
your attention:
Rock Island may need to store both aquaculture gear as well as harvested oysters in
the containers. Part of the need for storing harvested oysters would be to bring the
oysters down to a colder temperature during certain times of the year, in compliance
with WA Dep’t of Health requirements. The container to be used for storing oysters
would have an A/C unit within it for this purpose.
There is one trailer in addition to the two containers proposed for use with the farm.
The trailer has a solar panel on top, and energy from this solar panel would be used
to run the A/C unit.
Rock Island would like to weld rebar associated with the farm’s oyster system at the
property. Rock Island earlier believed that it would be able to find suitable,
economically feasible off-site alternatives, but unfortunately that doesn’t appear
possible. The welding would occur in areas that are currently free of vegetation
(previously infested with Himalayan blackberries), which areas visible in the attached
site plan. Because this differs from earlier statements, I wanted to make sure and call
it out for your attention.
If you have questions or need additional information, please let me know.
Thank you.
Jesse
From: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Sent: Thursday, October 17, 2024 12:32 PM
To: Jesse DeNike <jesse@plauchecarr.com>
Subject: RE: SDP2024-00006 Rock Island Shellfish
Hi Jesse,
Containers to be used in support of the aquaculture proposal that would be located within the
shoreline buffer on the three Carson parcels would likely be processed as a shoreline substantial
development application and not as a shoreline variance. This would be limited to development
needed for the proposed shellfish farm and would not be applicable to any other unpermitted
development on the property. Once DCD has had a chance to review the response to the requested
information, we will confirm the permitting process for the containers with you.
Thank you for the update on the road right-of-way.
CA received 08/115
EXHIBIT CL08
Regards,
Donna Frostholm
Jefferson County DCD
From: Jesse DeNike <jesse@plauchecarr.com>
Sent: Thursday, October 17, 2024 11:03 AM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: RE: SDP2024-00006 Rock Island Shellfish
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hi Donna,
I’m checking back in to see where you are at in terms of your internal coordination on
moving this forward.
For what it’s worth, one other item mentioned in your Sep. 13, 2024 email related to any
development within the Killapie Beach Road right-of-way. Mr. Carson confirmed to me that any
development in the ROW near his property has been removed.
Thanks, and look forward to hearing back from you soon.
Jesse
From: Jesse DeNike
Sent: Thursday, October 10, 2024 10:43 AM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: RE: SDP2024-00006 Rock Island Shellfish
Thanks for checking in on this, Donna. Yes, the code language that I mentioned during our
call is found in JCC 18.25.440. I appreciate that additional clarification you provide below.
I am out of the office tomorrow but around and available for most of next week. If I recall
correctly, you are doing some internal coordination (and perhaps also with Ecology)
regarding the upland containers, and then you were planning to loop back with me.
Hopefully, you will be finished with that next week and we can have a follow-up discussion.
Jesse
From: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Sent: Tuesday, October 8, 2024 10:50 AM
To: Jesse DeNike <jesse@plauchecarr.com>
Subject: SDP2024-00006 Rock Island Shellfish
CA received 08/115
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Hi Jesse,
Just a quick follow up to the discussion we had last week. I am assuming the reference I made to the
two containers needed to support the proposed aquaculture farm as being something that the
county could potentially recommend for approval was based on code language in JCC 18.25.440
(aquaculture).
I am assuming that it was clear, but thought I should clarify, that the other issues in my email dated
September 13, 2024 are also applicable to the proposal and would be considered as part of the
county review of the submitted shoreline application.
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.
CA received 08/115
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST15 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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014 Communications with representative
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From:Donna Frostholm
To:Eric Kuzma
Subject:RE: Killapie Beach Road
Date:Monday, December 16, 2024 5:46:00 PM
Attachments:image001.png
At a minimum, there are three containers currently on the property that Carson wants to keep for
the shellfish farm. I am currently seeking clarification from the applicant as I believe the intent is to
also keep everything that shows up in the photos for aquaculture use. It is my understanding that
the applicant will storing oyster seed and making oyster baskets on the property that will then be
transported from the parcels to the Shine Tidelands boat launch, and then the equipment and seed
will be transported by boat to the intertidal zone associated with the three parcels. I believe one of
the containers will be refrigerated.
From: Eric Kuzma <EKuzma@co.jefferson.wa.us>
Sent: Monday, December 16, 2024 5:40 PM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: RE: Killapie Beach Road
Sounds good.
What are we permitting them to do on the property. I assume no permanent structures?
________________________________________________________
Eric Kuzma, Asst. Public Works Director / Eng. Services Manager
JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
623 Sheridan Street, Port Townsend, WA 98368
360.385.9167 – 360.301.6783 (c)
From: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Sent: Monday, December 16, 2024 5:38 PM
To: Eric Kuzma <EKuzma@co.jefferson.wa.us>
Subject: RE: Killapie Beach Road
Thanks Eric.
There is a shoreline application under review that will be going to the hearing examiner, who will be
making the permitting decision for the county. Tomorrow morning, I will send an email to the
representative for the applicant, Jesse DeNike (an attorney), asking him to contact you about options
that may be available to the applicant (Robert Carson) to use the road for use for the proposed
shellfish farm.
Prior to taking this application to the hearing examiner, I will check in with you on the status of the
CA received 08/115
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discussions with Jesse DeNike as I will need to include a permit condition in the staff report that
addresses use of the road.
I will make sure there is a permit condition that states use of the ROW is prohibited.
From: Eric Kuzma <EKuzma@co.jefferson.wa.us>
Sent: Monday, December 16, 2024 5:16 PM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: RE: Killapie Beach Road
I am available if need be, but this should be pretty straight forward.
A. The right-of-way that leads to (and passes by) their parcel was created via plat.
B. Due to the landslide hazard the right-of-way was ‘temporarily’ closed per resolution and has never
been, nor ever will, be fully reopened.
C. Nothing can be built, stored, staged, etc. in the right-of-way.
D. Although we don’t currently have a mechanism (permit/risk waiver) to allow the closed right-of-
way to be used for access (only), it may be possible to create one. This permit would specify the
access conditions and include indemnification and hold-harmless language that would need to be
approved by the PAO’s office.
D. All of this was covered in a letter dated 8/4/2020 from Debra Murdock to the same applicant. Is
there an active permit you are currently billing against?
Hope this helps; let me know.
Thanks,
Eric
________________________________________________________
Eric Kuzma, Asst. Public Works Director / Eng. Services Manager
JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
623 Sheridan Street, Port Townsend, WA 98368
360.385.9167 – 360.301.6783 (c)
From: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Sent: Monday, December 16, 2024 10:27 AM
To: Eric Kuzma <EKuzma@co.jefferson.wa.us>
Subject: Killapie Beach Road
Eric,
By any chance, are you free tomorrow (Tuesday, 12/16) at 10:30 to discuss Killapie Beach Road and
permitting of aquaculture use at DCD? It looks like Greg could be free at that time and I am hoping
he will join us. Two site visits have been made to the parcels owned by Robert Carson as part of
reviewing an aquaculture application, and from what I can tell, it appears that the property owner
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has his aquaculture gear stored in the ROW (this assumes that the county ROW extends down to his
parcels at the end of the road). There are two main talking points:
1. Confirm that the county ROW extends down to parcels 965100009, -010, and -011. Killapie
Beach Road is mapped as having a 60-foot-wide ROW along the entire length of the road.
And, is the gear that is currently stockpiled immediately adjacent to the road in a county
ROW (see attached photo).
2. Permitting discussion. Rock Island Shellfish will need to use Killapie Road to operate the
shellfish farm.
Thanks much,
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.
CA received 08/115
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST16 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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032 Email – Showalter
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From:Donna Frostholm
To:Marilyn Showalter
Subject:RE: Request for Completed Staff Report SDP2024-0006 Rock Island
Date:Tuesday, May 13, 2025 8:59:00 AM
Attachments:image001.png
Hi Marilyn,
It was drafted but final exhibit numbers and information about the public hearing still need to be
added once that date is determined. If you would like to see what has been drafted, feel free to
submit a public records request.
Regards,
Donna Frostholm
Jefferson County DCD
From: Marilyn Showalter <marilyn.showalter@gmail.com>
Sent: Monday, May 12, 2025 1:04 PM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: Request for Completed Staff Report SDP2024-0006 Rock Island
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hello, Donna.
I just saw on the online Customer Portal for SDP2024-0006 that the Staff Report was completed on
4-25-2025. Can you send me this report?
Thank you--Marilyn
CA received 08/115
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Marilyn Showalter
1596 Shine Rd
Port Ludlow, WA 98365
(360) 259-1700 (cell)
marilyn.showalter@gmail.com
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST17 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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033 Coordination with Office of the Hearing Examiner
CA received 08/115
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From:Donna Frostholm
To:Carolyn Gallaway
Subject:RE: SDP2024-00006 Rock Island Shellfish - Schedule Public Hearing
Date:Thursday, May 15, 2025 12:33:00 PM
Yes, this is different from the one David would be requesting. Will wait to hear back from you next
week.
From: Carolyn Gallaway <carolyn@co.jefferson.wa.us>
Sent: Thursday, May 15, 2025 12:29 PM
To: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Subject: RE: SDP2024-00006 Rock Island Shellfish - Schedule Public Hearing
Hi Donna – I am currently swamped and will have to figure out a time next week to delve in to this
more. Do you know if this different than David Wayne Johnson’s request for a hearing examiner? I
need to get back to him as well…
From: Donna Frostholm <DFrostholm@co.jefferson.wa.us>
Sent: Thursday, May 15, 2025 10:31 AM
To: Carolyn Gallaway <carolyn@co.jefferson.wa.us>
Subject: SDP2024-00006 Rock Island Shellfish - Schedule Public Hearing
Hi Carolyn,
I have a Type III Shoreline Substantial Development Permit application that will need a public hearing
with the final permitting decision being made by the hearing examiner. The proposal is for a new
shellfish farm in Hood Canal (aquaculture application).
There is a chance that I will be on jury duty from Monday, May 19 through Friday, May 30 so I am
looking to schedule the public hearing sometime (Monday through Thursday) during the week of
June 30 or July 7. Would you check with the hearing examiner to see about his availability and then
suggest a few days during either of these two weeks that might work for him. I will then run those
dates by the representative/attorney for the applicant to see which ones might work for the
applicant.
I will get back to you as soon as possible after I get some dates from you. Please note that I do not
work Fridays and I will try to periodically check my emails if I am on jury duty next week.
Thanks much,
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.
CA received 08/115
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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.
CA received 08/115
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST18 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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035 Email – Corbett
CA received 08/115
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From:Sue Corbett
To:Donna Frostholm
Subject:Case SDP2024-00006 Rock Island (Carson)
Date:Tuesday, May 20, 2025 2:54:47 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Donna Frostholm,
I would like to be a party of record and be kept in form of proceedings for case SDP2024-
00006 Rock Island (Carson).
Sue Corbett
31 Churchill Lane
Port Ludlow, WA
Suec71@gmail.com
CA received 08/115
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST19 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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036 Email – Showalter
CA received 08/115
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From:Marilyn Showalter
To:Donna Frostholm
Subject:Party of Record Request Rock Island
Date:Tuesday, May 20, 2025 4:57:13 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hi, Donna.
I believe I’m already a Party of Record in this case, SDP2024-0006, Rick Island, but to
confirm, I would like to be one and to receive notifications of proceedings in this matter.
Thanks—Marilyn Showalter
Sent from Gmail Mobile
CA received 08/115
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST20 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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038 Email – Brenna
CA received 08/115
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From:emrod@olympus.net
To:Donna Frostholm
Subject:re: SDP2024-00006 Rock Island
Date:Friday, May 23, 2025 12:21:28 PM
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
I would like to be a party of record and be kept informed of proceedings in the case of
SDP2024-00006 Rock Island (Robert Carson).
Elena R Brenna, 110 Harbor View Pl, Port Ludlow WA 98365
Thank you.
CA received 08/115
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST21 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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043 Pre-Hearing Conference request
CA received 08/115
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From:Carolyn Gallaway
To:Marilyn Showalter; Philip Hunsucker; Donna Frostholm; jesse@plauchecarr.com
Subject:Pre-Hearing Conference request
Date:Tuesday, June 17, 2025 12:46:53 PM
Hello everyone,
A Pre-Hearing Conference has been requested re: Consolidated Shoreline Application and SEPA
appeal, Rock Island Shellfish. The purpose of the conference will be to address scheduling [perhaps
adjusting hearing date(s) currently set], consolidation of the application and SEPA appeal, deadlines
for an exchange of information, lists of witnesses, exhibits, possible briefing schedule, and other
issues to help the parties prepare and participate in the hearing process for this consolidated matter.
The Hearing Examiner has held the following dates:
Jefferson County Courthouse & Zoom
July 2 – 1pm – BOCC Chambers
July 8 – 1pm – First Floor Conference Room
Please let me know at your earliest convenience which date(s) work best for you so I can confirm
with the Hearing Examiner.
Thank you,
Carolyn Gallaway, CMC
Clerk of the Board/Office Manager
Jefferson County Commissioner’s Office
P.O. Box 1220, Port Townsend, WA. 98368
360-385-9122 www.co.jefferson.wa.us
CA received 08/115
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST22 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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ATTACHMENT C
Full Set of Exhibits and their Descriptions
CA received 08/115
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Exhibit Description of Document Submitted By
001 Pre-application Meeting Notes Pre2024-00005 Pre-application Conference for New Aquaculture Rock Island
Shellfish Intertidal Area Ajacent to Parcels: 965100009, -010, -011
JeffCo
002 Application Rock Island Shellfish Shoreline Substantial Development Permit Application from
Plauche & Carr LLP
JeffCo
003 Schedule Notice of Application July 2, 2024 Email between Jesse DeNike and Donna Frostholm (RE: SDP2024-
00006 Schedule Notice of Application)
JeffCo
004 Notice of Application Jefferson County Permit Center Case No. SDP2024-00006 Rock Island Oyster -
Certificate of Mialing
JeffCo
005 Affidavit of Posting Affidavit of Posting Public Notice - Jefferson County Unified Development Code JeffCo
006 Comment from Public Works July 10, 2024 Email between Terry Duff and Donna Frostholm (RE: SDP2024-
00006 Rock Island Shoreline Permit Application with SEPA Notice)
JeffCo
007 Site visit 080724 Photographs JeffCo
008 Email from representative August 14, 2024 Email between Jesse DeNike and Donna Frostholm (RE: Rock
Island Shellfish: SDP2024-00006)
JeffCo
009 Comment follow up - Public Works August 14, 2024 Email between Eric Kuzma and Donna Frostholm (RE: Killapie
Rd.)
JeffCo
010 Comment from Showalter August 29, 2024 Email between Marilyn Showalter, Donna Frostholm and Philip
Hunsucker (RE: Objection to Defective Notice in SDP 24-00001 Rock Island and
Request for Re-Issuance)
JeffCo
011 Additional Information Request & Response August 30, 2024 Email between Jesse DeNike and Donna Frostholm (RE: RE:
SDP2024-00006 Rock Island Aquaculture - Additional Information Request)
JeffCo
012 Communication with representative September 13, 2024 Email between Donna Frostholm and Jesse DeNike (RE: RE:
SDP2024-00006 Rock Island Aquaculture - Additional Information Request)
JeffCo
013 Communications with representative CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
014 Communications with representative CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
015 Site Visit 120424 Photographs JeffCo
CA received 08/115
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016 Email - Showalter November 13, 2024 Emails bwtween Marilyn Showalter, Donna Frostholm and
Philip Hunsucker (RE: THIRD and FOURTH Defects in the Notice in Rock
ISLAND Public Notice and Request for Re-Issuarnce SDP2024-00006)
JeffCo
017 Communication with Public Works CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
018 Communication with representative December 23, 2024 Email Between Jesse DeNike and Donna Frostholm (RE: RE:
SDP2024-00006 Rock Island Shellfish)
JeffCo
019 Communication with representative January 13, 2025 Email between Jesse DeNike and Donna Frostholm (RE: RE:
SDP2024 00006 Rock Island Shellfish)
JeffCo
020 Communication with representative January 24, 2025 Email between Jesse DeNike and Donna Frostholm (RE: Re:
SDP2024-00006 Rock Island Shellfish - Additional Information Request)
JeffCo
021 Communications with Public Works January 22, 2025 Email between Eric Kuzma and Donna Frostholm (RE: RE:
Killapie Beach Road)
JeffCo
022 Photos Site Visit 012725 Photographs JeffCo
023 Communication with representative February 5, 2025 Email between Jesse DeNike and Donna Frostholm (RE: Re:
SDP2024-00006 Rock Island Shellfish - Additional Information Request)
JeffCo
024 Site Visit Meeting Notes February 3, 2025 Email between Andrew Gosnell and Donna Frostholm (RE: RE:
SDP2024-00006 Rock Island Shellfish - Site Visit Notes)
JeffCo
025 Letter from representative, rock gabions February 27, 2025 Email between Jesse DeNike and Donna Frostholm (RE: RE:
Rock Island Shellfish)
JeffCo
026 Phone call summary Hand written notes February 6, 2025 JeffCo
027 Phone call summary Hand written notes March 12, 2025 JeffCo
028 Phone call summary Hand written notes March 18, 2025 JeffCo
029 Phone call summary Hand written notes March 24, 2025 JeffCo
030 Communication with representative April 21, 2025 Email between Jesse DeNike and Donna Frostholm (RE: RE:
SDP2024-00006 Rock Island Shellfish)
JeffCo
031 Communication with representative May 12, 2025 Email between Jesse DeNike and Donna Frostholm (RE: RE:
SDP2024-00006 Rock Island Shellfish)
JeffCo
032 Email - Showalter CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
033 Coordination with Office of the Hearing Examiner CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
034 SEPA Threshold Determination Final Mitigated Determination of Non-Significance and Lead Agency Status JeffCo
035 Email - Corbett CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
036 Email - Showalter CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
CA received 08/115
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037 Email - Office of the Hearing Examiner May 22, 2025 Email between Carolyn Gallaway and Donna Frostholm (RE: RE:
SDP2024-00006 Rock Island Shellfish - Schedule Public Hearing)
JeffCo
038 Email - Brenna CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
039 Schedule Public Hearing May 30, 2025 Email between Carolyn Gallaway and Donna Frostholm (RE: PICK
DATE re: SDP2024-00006 Rock Island Shellfish - Schedule Public Hearing)
JeffCo
040 SEPA Appeal June 3, 2025 Email from Marilyn Showalter JeffCo
Submitted, but not in the
Laserfiche file
041 Receipt by Email CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
042 Prehearing Issues SDP2024-00006 Rock Island (Robert Carson) SEPA Appeal by Marilyn Showalter JeffCo
043 Pre-Hearing Conference request CANNOT VIEW THIS - APPEARS TO BE AN EMAIL.JeffCo
044 Order Confirming Prehearing Conference Order Confirming Prehearing Conference at 1:00 pm on Tuesday, July 8, 2025 JeffCo
045 Affidavit of Publication - NoA Copy of article from Newspaper JeffCo
046 Pre-Hearing Email July 8, 2025 Email between Ariel Speser, Carolyn Gallaway, Marilyn Showalter,
Jesse DeNike, Donna Frostholm and Aimee from Plauche Carr (RE: RE:
Clarification - Rock Island Shellfish Pre-Hearing Conference)
JeffCo
047 Photos, Posting Notice 15 Photographs JeffCo
048 Emails, Appellants' Witness and Exhibits List July 30, 2025 Email between Jesse DeNike, Marilyn Showalter, Donna Frostholm,
Carolyn Gallaway, Ariel Speser, Laura Mikelson, Adiel F. McKnight (RE: RE:
Showalter, et al. v. Jefferson County, et al; Prelim. Witness and Exhibit List)
JeffCo
049 Emails from Residents 15 pages of Emails JeffCo
050 Notice of Public Hearing The Notice JeffCo
2024-00006 Showalter 7-07-2025 Order Confirming Prehearing Conference Consolidated Hearing Process for Rock
Island Shellfish Shoreline Substantial Development Permit Application (SDP2024-
00006) and Appeal of SEPA MDNS issued for such application by Marilyn
Showalter
JeffCo
CA-01 June 3, 2025 Email between Marilyn Showalter and Donna Frostholm (RE: SEPA-
MDNS Appeal SDP2024-00006 Rock Island (Robert Carson)
JeffCo
CA-02 SEPA Appeal by Marilyn Showalter 06/10/2025 JeffCo
CA-19 1.Shellfish_PBA_30_Oct_2015 (APPLICANT 072925)Programmatic Biological Assessment Applicant
CA received 08/115
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CA-20 2.Shellfish_NMFS_Biop_2016_09_02 (APPLICANT
072925)
Report from U.S. Army Corps of Engineers - RE: Endangered Species Act Section
7 Formal Biological Programmatic Opinion and Magnuson-Stevens Fishery
Conservation and Management Act Essential Fish Habitat Consultation for Shellfish
Aquaculture Activities in Washington State
Applicant
CA-21 3.NMFSBiOpErrataMemoRevisedITS (APPLICANT
072925)
Report from U.S. Army Corps of Engineers - RE: Endangered Species Act Section
7 Formal Biological Programmatic Opinion and Magnuson-Stevens Fishery
Conservation and Management Act Essential Fish Habitat Consultation for Shellfish
Aquaculture Activities in Washington State Revised ITS and Biological Opinion
Errata
Applicant
CA-22 4.Shellfish_USFWS_BiOp_2016_08_26 (APPLICANT
072925)
US Dept of the Interior - Fish and Wildlife Service Opinion Applicant
CA-30 0752525, SDP2024-00006 Appellants' Reply to Appellants'
Motion to Dismiss
July 29, 2025 email from Marilyn Showalter (RE: 0752525, SDP2024-00006
Appellants "Reply to Appellants" Motion to Dismiss)
Appellant
HEARING NOTICE sdp2024-00006 ris notice Jefferson County Notice of Public Hearing SEPA Appeal/Type III Land Use
Application SDP2024-00006)
JeffCo
Order Confirming Prehearing Conference Order Confirming Prehearing Conference, at 1:00 pm on Tuesday, July 8, 2025 Hearing Examiner
SEPA Appeal Rock Island SDP2024-00006 Rock Island (Robert Carson) SEPA Appeal by Marilyn Showalter Appellant
Appellants List of Exhibits List Appellant
Google Earth Pro Sequence Images Appellant
Gravel Receipts 05/24/2022 receipt for 2 loads and 05/24/2022 for 26.37 tons, 5 loads Appellant
Building Est Itiel's Carport and Metal Buildings LLC Customer Order Appellant
Marbled Murrelet image and sounds Photograph and bird calls Appellant
Smersh Appeal Excerpt Notice of Appeal SEPA Mitigated Determination of Non-Significance (MDNS) File
Number: MLA 19-00008 BDN LLC RE: BDN-SMERSH Application for Geoduck
Cultivation
Appellant
2025 08 05 staff report w attachments Staff Report JeffCo
CA received 08/115
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JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST23 of 23 Jefferson County Prosecuting Attorney 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 360-385-9180
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ATTACHMENT D
Pleadings and their Descriptions
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EXHIBIT CL08
Date Pleading Name HE Office Reference Name
6/3/2025 CA-01 Notice of Appeal CA-01
6/10/2025 CA-02 Appellants' Request to Hearing Examiner re Office of the Hearing Examiner Proce CA-02
6/24/2024 Appellants' Motion for Adoption of Administrative Practices for This Case CA-04
6/24/2025 Appellants' Motion for Continuance of SEPA/PUBLIC Hearing Date CA-03
6/25/2025 Rock Island Shellfish's Response to Appellants' Motion for Continuance of SEPA/Public
Hearing Date
CA-05
6/25/2025 Rock Island Shellfish's Response to Appellants' Motion for Adoption of Administrative CA-06
7/3/2025 Appellants' Motion to dismiss (Without Prejudice) Due to Erroneous Notice Procedures Motion Dismiss w atts
7/3/2025 Appellants' Motion to dismiss (Without Prejudice) Due to Erroneous Notice Procedures CA-07
In Laserfiche twice
7/11/2025 Notice of Appearance Notice of Appearance for Jefferson County - Speser
7/15/2025 CA-08 Resp Motion to Dismiss FINAL CA-08 Resp Motion to Dismiss
7/15/2025 [Proposed] Order Granting Respondents' Motion to Dismiss CA-09 Proposed Order
7/15/2025 First Declaration of Robert Carson CA-10 First Declaration of Carson
7/15/2025 First Declaration of Donna Frostholm CA-11 First Decl Donna Frostholm FINAL
7/15/2025 Certificate of Service CA-12 Certificate of Service
7/22/2025 Appellants' Response to Respondents' Motion to Dismiss CA-13 Appellants Response to Respondents MTD wa
7/22/2025 Jefferson County and Applicant's Joint Response to Appellants' Motion to dismiss
(Without Prejudice) Due to Erroeous Notice Procedures
CA-14 Joint Response to Appellants Motion to Dismiss (0002)
7/22/2025 Second Declaration of Donna Frostholm CA-15 Second Declaration Donna Frostholm
7/22/2025 Certificate of Service CA-16 Certificate of Service
7/23/2025 Jefferson County and Applicant's Joint Response to Appellants' Motion to Dismiss
(Without Prejudice) due to Erroneous Notice Procedures
CA-17 Joint Response to Appellants Motion to Dismiss
7/29/2025 Rock Island Shellfish's Preliminary witness and Exhibit Lists CA-18 Rock Island Shellfish Preliminary Witness and Exhibit Lists
(APPLICANT 072925)
7/29/2025 Certificate of Service CA-23 Certificate of Service (County 072925)
7/29/2025 Jefferson County's Witness and Exhibit List CA-24 Witness and Exhibit List (County 072925)
7/29/2025 Certificate of Service CA-25 Certificate of Service (COUNTY 072925)
7/29/2025 Respondents' Reply on Motion to Dismiss CA-26 Respondents Reply Motion to Dismiss (COUNTY 072925)
7/29/2025 Third Declaration of Donna Frostholm CA-27 Third Declaration Donna Frostholm (COUNTY 072925)
CA received 08/115
EXHIBIT CL08
7/29/2025 Appellants' Reply to Respondents' Response to Appellant's Motion to Dismiss (Without
Prejudice) Due to Erroneous Notice Procedures
CA-28 Appellants Reply w att 072525 2024-00006 (004)
7/29/2025 Second Declaration of Marilyn Showalter CA-29 Second Declaration Marilyn Showalter (002)
8/5/2025 Rock Island Shellfish's Final Witness and Exhibit Lists
8/5/2025 Jefferson County and Applicant's Joint Response to MDNS Appeal
8/5/2025 Jefferson County's Witness and Exhibit List
8/5/2025 Certificate of Service
CA received 08/115
EXHIBIT CL08