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HomeMy WebLinkAbout092412_cabs01JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR BRIEFING AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator > DATE: September 24, 2012 RE: Draft Response to Washington State Department of Ecology Letter re: Shoreline Master Program STATEMENT OF ISSUE: Review and finalize a response to the Washington State Department of Ecology's (DOE's) August 31 letter requesting the County to communicate by October 1 its path forward for completing the Jefferson County Shoreline Master Program update. ANALYSIS: DOE Director Ted Sturdevant sent a letter to Jefferson County on August 31, 2012 asking the County to communicate by October 1 its path forward for completing the Jefferson County Shoreline Master Program update. The Board of County Commissioners have discussed options for responding with DCD staff and the Prosecutor's Office on September 10 and September 17. The attached draft letter attempts to capture the Board's views. FISCAL IMPACT: Not measurable. RECOMMENDATION: Review the draft letter and pass a motion giving direction for finalizing a letter to DOE Director Ted Sturdevant, and authorize the BoCC Chair to sign and send the letter. Enclosures: • Draft Letter to Ecology • 8/31/12 Letter from Ecology Director Ted Sturdevant RE ED BY: /r~ ~ ~y ilip Mo Administfator l~~L Date September 24, 2012 Mr. Ted Sturdevant, Director Washington State Department of Ecology P.O. Box 477600 Olympia, WA 98504-7600 RE: Jefferson County Shoreline Master Program Update Dear Mr. Sturdevant: This letter responds to your letter of August 31, 201 communicate its path forward for completing the Je Program update. Ecology has taken the stance that in-v dependent use from water-dependent Ecology asserts in-water finfish aquae Shoreline Master Program update (SN interpretation of the law, an interpta# aquaculture into two uses (in-wafE~~~i~ precedent it sets for requiring all m shore water dependent uses exist I County to allow it native species as parasites and unt Recent documern British Columbia and populates that have restoratid;and many tho salmonid stars. Protecti importance to tiilr citizens aq be al that d 'sting the County to County Shoreline Master re is?~separate water- -sho~E~:,~~s a consequence, 1 in Jefi~n County's isagree wit~i your shored are concerned about the to be alved even when related on- ~t~te are Cerned that requiring the l~~s, dize~~Fiatened and endangered f`Y~f~g Them at risk from disease, ti,~ , concent~ net pen finfish populations. `finfish aquaculture in Puget Sound, the reality of these risks. qu~r~ puts at risk the wild salmon of tens~of millions of dollars invested in urs of volunteer time to recover our native dig wild salmon runs is a matter of great our environment. Unfortunately Ecol~s st won net pens was expressed very late in the SMP update process, well after out Coal committees and Planning Commission had completed their work. As a result, :Berson County's staff and elected officials have had to delay final action on adopting the great work that had been completed on the rest of the SMP and expend hundreds of additional hours on the net pen issue searching for agreement with Ecology while honoring our commitment to protect our waters and marine resources from the impacts and risks posed by net pens. In the face of County budget and staff reductions over the last few years, this extra work load has severely burdened our staff, and prevented the timely completion not only of the SMP update but of other projects as well. It has also had a chilling effect on local development waiting to use the new tools contained in the update, and creates uncertainty of when and if the new update will apply. None of the three options spelled out in Ecology's earlier letter of July 23, 2012 are desirable to us. However, in the interest of retaining local control of updating the SMP, protecting our shoreline resources, and avoiding further delay in completing the SMP update, the Jefferson County Board of County Commissioners has made the difficult choice to pursue the "adopt with a conditional use" approach of allowing for in-water finfish aquaculture in our SMP, what you referred to as Option 1. Initial work has already been done by our staff on drafting CUP criteria based on established environmental standards and widely accepted science. However, protecting against disease and parasites that may be carried and transmitted,,by net pen fish to wild populations remains a particular concern. We are activ~~~eking technical support from the Washington Department of Fish and Wddlife,~~ther agencies to help us adequately address this issue. We will pursue deve~~' additional CUP criteria with the goal of making our criteria comprehensive an~~°iro~~nd provide the greatest protection to our shoreline resources from th ~ ' , umented'~ from in-water net pen aquaculture. , ,~; Outside this one issue, we have enjoyed arty ~a reciate~l the colla~~t~ and supportive relationship with the Department o ~ log~y~ its staff ~_specially appreciate the work of Jeffree S and look ~~to working with . Stewart and the rest of Ecology's staff to ~~ ~te,Jeffersor~~nty Shoreline Master Program update to a successful conclusion. `~ ~ ;,~, ~'~~~; Sincerely, ..... • y `.' v r'. +eew srnreaev/as-li~:cr+av DEPARTMENT OF ECC]LC?GY PO &ix 1TC~Ol1 • CN}'n~Pia. WA !Ia3a4-76Df1 •31SWQ:fipYO ... T1 r #w 1VastrireRfnn Rela} SerNrcc • Persons uvNr a speech disability can nl! RTJaRr3~6.fiir Augusi 31, 2412 The Honorallle Joha Austin, Chair Jefferson County Board of Commissioners PO Box.1220 Port Towns~ntl, WA 98368.. RE: Jefferson Goanty Shoreline Master Program Update Ihar Commissioner Austin; r' x ~?~.: .._ _? ,u F. d:'tl: 1. Thank you for your August 1 S, 20i 2 letter regarding completing the Jefferson County Shoreline Master Program. update. We underslandand respect your aced for a modest, additional amount of time to resolve the . marine salmon net pea aquacuiture issue. In particular,.we recognize the logistical challenges posed dtu'ing the summer season. We are still very intetiested in bringing the outstanding marine salmon net pen a~uaeuiture issue to resolution. A deadline seems li ke a vital measure to ensure timely progress toward action. Please provide us with your decision an the County"s path forward by October 1..2012: If there is any additional information we can.pravide or questions we can an.3wer, please contact Paula Ehlers at Paula.Ehlers{~,ecv.rva.uoyor (360) 40'7-#1271. Thank you for your diligent wark:in. managing shoreSnes in Jefferson County. Svicerely/, ~ /J, 1 Ted.Sturdevant I.}ireetor cc: Michelle McConnell, Jefferson Coutlty D!(D Tom Cliugrttan, Eco1oBY Paula Ehlers, Ecology Brian Lynn;. Ecology Pater Skowluad, Ecology Jeffree Stewart' lsc:alogy sent by certified mas: 7x10 2780 0000 2503 411 9