HomeMy WebLinkAboutRI07 Response to HX Order Rock Island Reopening Record1
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ROCK ISLAND SHELLFISH’S INITIAL RESPONSE TO
JEFFERSON COUNTY HEARING EXAMINER’S ORDER
REOPENING RECORD - 1
PLAUCHÉ & CARR LLP
1218 Third Avenue, Suite 2000
Seattle, WA 98101
Phone: 206-588-4188
Fax: 206-588-4255
Before Hearing Examiner
Gary N. McLean
BEFORE THE LAND USE HEARING EXAMINER
IN AND FOR JEFFERSON COUNTY
In the Matter of a Shoreline Substantial
Development Permit application filed by
ROCK ISLAND SHELLFISH
(ROBERT CARSON)
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Case No. SDP2024-00006
ROCK ISLAND SHELLFISH’S
INITIAL RESPONSE TO ORDER
REOPENING RECORD
Rock Island Shellfish provides the following response to the Jefferson County
Hearing Examiner’s January 30, 2026 Order Reopening Record.
1.Actions Taken Since Hearing. Rock Island Shellfish’s owner, Robert
Carson, took over the subject property years ago and discovered that it was in a state of
disrepair. The site was infested with invasive species including Himalayan blackberries,
and there was debris left from the prior owner both on the property’s tidelands and
uplands. There were previous buildings on the property, which were also in disrepair.
Mr. Carson has taken actions to clean the property and put it to reasonable use. He
has removed debris from the uplands and the tidelands—the latter under the direction of
the U.S. Army Corps of Engineers. He has also removed, and is continuing to remove,
invasive species, and he has replanted native vegetation.
Rock Island Shellfish desires to operate a small (0.5 acre) oyster farm on the
property’s tidelands (“Project”), which are well suited to oyster production and have
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ROCK ISLAND SHELLFISH’S INITIAL RESPONSE TO
JEFFERSON COUNTY HEARING EXAMINER’S ORDER
REOPENING RECORD - 2
PLAUCHÉ & CARR LLP
1218 Third Avenue, Suite 2000
Seattle, WA 98101
Phone: 206-588-4188
Fax: 206-588-4255
historically been used for oyster farming. Shellfish aquaculture is a water-dependent use
that is preferred under the Shoreline Management Act. RCW 90.58.020; WAC 173-26-
241(3)(b)(i)(A). The Jefferson County Shoreline Master Program reinforces that
aquaculture is a preferred use and emphasizes that it is in the broader public interest:
“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.” JCC 18.25.440(1)(a).
Rock Island Shellfish submitted a shoreline substantial development permit
(“SDP”) for the Project to Jefferson County. Rock Island Shellfish has carefully evaluated
site conditions, is taking protective measures to avoid and buffer from eelgrass, and has
designed the Project to fully comply with extensive conservation measures designed by
expert resource agencies (U.S. Fish and Wildlife Service and National Marine Fisheries
Service) to effectively avoid and minimize potential negative environmental impacts.
During review of the SDP, the Department of Community Development (“DCD”)
indicated that certain development on the property’s uplands require permits. DCD and
Rock Island Shellfish discussed folding upland development into the Project’s SDP but
ultimately decided against this. The Project currently before the Hearing Examiner
consists solely of installation and operation of the minor, 0.5 acre oyster farm.
The issue of permitting or removing any development that requires permits was
raised at the SDP hearing. As discussed, Mr. Carson understood that any installed
development was permissible given the historic activities and development at the property
and the limited size and scale of the development. To the extent that permits are required,
Rock Island Shellfish committed to obtaining them within a reasonable period of time.
DCD indicated that obtaining after-the-fact permits for upland development over a period
of time is acceptable generally but that it should be addressed through a voluntary
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ROCK ISLAND SHELLFISH’S INITIAL RESPONSE TO
JEFFERSON COUNTY HEARING EXAMINER’S ORDER
REOPENING RECORD - 3
PLAUCHÉ & CARR LLP
1218 Third Avenue, Suite 2000
Seattle, WA 98101
Phone: 206-588-4188
Fax: 206-588-4255
compliance agreement (“VCA”). Rock Island Shellfish submitted that they would be best
addressed through a shoreline permit condition, rather than a VCA, which is reserved for
normal cases where a property owner is not undertaking significant restoration activities.
Rock Island Shellfish Response to Comments (Aug. 29, 2025) p. 12.
Rock Island Shellfish has been patiently awaiting a decision from the Hearing
Examiner and has reasonably understood that such decision would address the alternative
approaches recommended by DCD and Rock Island Shellfish offered for addressing
upland permitting issues. Thus, to avoid taking any actions that might be inconsistent with
the Hearing Examiner’s decision, Rock Island Shellfish has refrained from seeking to
further formally resolve this issue with DCD or submit applications. Rock Island Shellfish
has continued to remove debris and invasive vegetation from the property, improving the
environmental conditions at the site.
2.Whether JCC 19.10.075 Applies. No, JCC 19.10.075 does not apply. This
code section is limited to instances in which the property is “subject to a stop work order,
notice of violation, or notice of violation and order of abatement …” No such stop work
order or notice has been issued for the subject property.
3.Permits and Estimated Timeframe. As discussed above, the Project is for
operation of a small oyster farm. The upland development is not included as part of the
SDP currently before the Hearing Examiner. The question of required permits for other,
existing development falls within the purview of enforcement, which is within DCD’s
authority under Title 19. There was previous development at the property when Mr.
Carson acquired it, including historic buildings, which influence permit requirements.
Additionally, even if permit(s) may be required for some development or activities at the
property, Rock Island Shellfish may choose to remove or cease such development or
activities rather than obtain permits. These factors and others will influence the number
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ROCK ISLAND SHELLFISH’S INITIAL RESPONSE TO
JEFFERSON COUNTY HEARING EXAMINER’S ORDER
REOPENING RECORD - 4
PLAUCHÉ & CARR LLP
1218 Third Avenue, Suite 2000
Seattle, WA 98101
Phone: 206-588-4188
Fax: 206-588-4255
and types of permits and other approvals that will ultimately be required. Rock Island
Shellfish would work through these issues with DCD, whether as part of a VCA or
shoreline permit condition. Both the VCA and Rock Island Shellfish’s recommended
permit condition envision a two-year window for resolving these issues. VCA; Rock
Island Shellfish Response to Comments (Aug. 29, 2025) p. 12.
4.Need for Financial Assurance. There is no need for financial assurances.
Regardless of whether the parties execute a VCA or upland permit issues are addressed
through a shoreline permit condition, there will be sufficient assurances that Rock Island
Shellfish will successfully resolve any such issues within a reasonable timeframe.
CONCLUSION
Rock Island Shellfish has carefully located and designed its proposed, 0.5-acre
shellfish farm to carefully avoid and minimize potential impacts to Jefferson County. The
Project will effectively avoid and minimize such impacts, improve water quality, provide
structured habitat for other marine organisms, and help support, diversify, and grow the
County’s economy. Rock Island Shellfish has committed to resolve any issues associated
with upland development (which is not part of the Project), whether through a VCA or
otherwise. Rock Island Shellfish requests that the SDP be issued as expeditiously as
possible, without further, unnecessary public hearings or other delays.
RESPECTFULLY SUMBITTED this 13th day of February, 2026.
PLAUCHÉ & CARR LLP
By: s/Jesse DeNike
Jesse DeNike, WSBA #39526
Attorney for Rock Island Shellfish
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ROCK ISLAND SHELLFISH’S INITIAL RESPONSE TO
JEFFERSON COUNTY HEARING EXAMINER’S ORDER
REOPENING RECORD - 5
PLAUCHÉ & CARR LLP
1218 Third Avenue, Suite 2000
Seattle, WA 98101
Phone: 206-588-4188
Fax: 206-588-4255
DECLARATION OF SERVICE
The undersigned hereby declares under penalty of perjury that on the 13th day of
February, 2026, she caused a true and correct copy of the foregoing document to be
transmitted for service on the following individuals via electronic mail:
Marilyn Showalter
marilyn.showalter@gmail.com
Philip C. Hunsucker
phunsucker@co.jefferson.wa.us
Ariel Speser
aspeser@co.jefferson.wa.us
Laura Mikelson
lmikelson@co.jefferson.wa.us
Donna Frostholm
dfrostholm@co.jefferson.wa.us
Carolyn Gallaway
carolyn@co.jefferson.wa.us
Adiel McKnight
afmcknight@co.jefferson.wa.us
DATED this 13th day of February, 2026, at Seattle, Washington.
s/Aimeé Muul
Aimeé Muul, Legal Assistant
aimee@plauchecarr.com