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SDP2003-00036
UDC CONSISTENCY REVIEW " Project Planner: K RUSSELL Master#M LA03-00591 Review Type Project Description SDP03-00036 III Aquatic farming in 2nd class tidelands Primary: DOUG MC RAE Site Address: 5407 38TH AVE NW GIG HARBOR WA 983358235 PORT TOWNSEND WA,98368 APL WASHINGTON SHELL FISH INC DOUGLAS MCRAE 3824 41ST CT NW GIG HARBOR WA 98335 Project Location: Parcel number 821 334 073, in Section 33, Township 28,Range 01 East,WM,located at Port Townsend, WA 98368 Parcel Number: 821334073 S-T-R:33-28N-01 E Total Acreage: Legal Description S33 T28 R1E TL TAX NO.F Land Use: 9300 Flood District: Fire District: 3 Planning Area: Flood Map(FIRM)Panel No: District: 49 Zoning: COMP PLAN DESIGNATION: COMMUNITY PLAN: UGA: MPR: WATER SUPPLY UTILITY: Service Area PUD: [ ] Plot plan states "property line" [ ] Assesor's Map(Property lines on submitted plot plan must match the property lines as identified on the Assessor's 1/4 map) [ ] Legal Access to Property YES NO [ ] Parcel Tags or Scanned Documents YES NO [ ] ESA's: Special Reports Nearby YES NO Shoreline Designation:YES NO Stream Type:YES NO Fish&Wildlife:YES NO Wetlands: YES NO Rare Plants:YES NO Seismic: YES NO Landslide: YES NO Flood: YES NO Erosion: YESNO Aquifer Recharge Area:YES NO SIPZ: none At Risk High Risk Coastal Stormwater site plan submitted: Yes No [ ] Forest Lands: YES NO Adjoining Forest Lands: Commercial/ Rural/ Inholding [ ] Mineral Lands: YESNO [ ] Agricultural Lands: YES NO [ ] Stormwater:New Impervious Surface Land Disturbing Activity ESA's Stormwater Req's: BMPs Small PESCP Large PESCP Engineering [ ] Notice Provisions/Disclosure: Airport YES NO MRL YES NO Forest Lands YEs NO [ ] Landscaping Required: Yes No [ ] Parking Spaces Required NO 2 Other [ ] Building Height: 35' UBC Standard [ ] Impervious Surface coverage percentage: Resource Lands&Public: 10% Rural Residential: 25% Rural Industrial: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building Coverage:60%in Rural Industrial Lands only [ ] Total Building(s) Size: RVC:20,000 SF CC:5,000 SF NC:7,500 SF GC:10,000 SF All others:subject to septic&water constraints/None specified [ ] Setbacks: Front: Left Side: Right Side: Rear: Shoreline Setback: LSHA Setback: [ ] Road Classification: Road Approach:EXISTING NOT REQ'D RAP [ ] SEPA Required:YES EXEMPT [ ] Flood Certificate: [ ] Existing Case(s) &Condition(s): Violations: Yes No [ ] Recorded Date of Subdivision: AFN Over 5yrs=UDC Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance Lots/Require Declaration of Restrictive Covenant YES NO, submitted: YES NO [ ] Site Visit conducted YES NO [ ] ADMIN: Setbacks entered in Permit Plan case N/A YES New Parcel Tags entered in Permit Plan N/A YES Special Reports Scanned N/A YES No parcel tags found for parcel , a , .y� °T'{�,a��/p,'"�s�' +�%t`-✓s�3� z c.ao S s .. e � .,*'' =r e� �a � ea �p- se.'s�i. 188 } 1 .g :.- a: :1 a.r y ° .. a au -`1;\, i -s. , ,�:^fir -', a -- '. �, S , 621 Sheridan Street a ar Port Townsend,Wei'98368 MEMO 11'Parcel#821-334-073 Pre-Application Conference 1.3,Q+D.. 0 5 2 58 911' 1: L 2 S L08 2 ? 2a: ?00016 ?88 ?11' JEFFERSON COUNTY NO. 58200 DATE O ,/ /o3 RECEIVED FROM _ `��� !/ �� DESCRIPTION BARSM AMOUNT CURRENCY COIN n C „. . Imo O t ��et JJ li g —,,* : x� -- 0 O. RECEIVED BY TOTAL (11 / :it' ?age CASES, FINDING, CONDITIONS, PERMISSIONS FOR Parcel 821334073 Printed: August 7, 2003 Cases Name Review Type Status Planner PRE03-00032 WASHINGTON SHELL FISH INC P K RUSSELL Application Received: 08/07/2003 Permit Issued/Case closed: Case Finaled: Aquatic Farming No findings,conditions, or permissions found. \P? 1 of 1 • •I Washington Shell Fish, Inc. �.f <•,'H' �� 3824 41st St.Ct.NW Gig Harbor,WA 98335 Ph: (253)853-7410/Fx: (253)858-6601 z — The purpose of this letter is to enter into a lease agreement between Doug McRae (owner)and Washington Shell Fish,Incorporated(WSF),represented by Douglas S. McRae,for parcel number 821-334-073 located in Jefferson County,Washington. This lease agreement shall be for a period of ten(10)years,commencing upon the signing and dating of this agreement.It is agreed upon by both of the above named parties,that this agreement will be automatically renewable for an additional ten (10) years,with WSF having the first right of refusal. WSF agrees to perform the following duties: 1) Maintain a comprehensive general form of insurance covering liability, including, but not limited to, public liability, personal Injury, and property damage, In the amount of 51,000,000.00 per occurrence and 33,000,000.00 in the aggregate. 2) Planting of geoduck and manilla clams,as soon as brood stock is available,then after harvest begins,on a rotating basis(replanting what was harvested)in the sub tidal area of the parcel(s). In exchange for the above mentioned duties: 1) WSF shall have the exclusive rights to harvest and seed shellfish on said parcel. 2) WSF will.be responsible for abiding by all regulations concerning aqua culture imposed by the Washington State Department of Health and the State of Washington Department of Fisheries. 3) WSF will manage the property so as to maintain a sustainable harvest. 4) Should the owners decide to sell the property during the duration of this lease, WSF shall have the first right of refusal. 5) Should said property, during the duration of this lease, fall below the Department of Health parameters for productive farming,WSF can exercise a right to terminate this lease. _._.. _ Further,Washington Shell Fish,Inc.,or it's representative are authorized to obtain any permits, with regard to the above mentioned parcel(s), necessary for continuing their efforts in aquatic farming. Signed and dated this Ih,th day of CX'+oh,'r ,20L.:,L• la—C74 YV1\r O&Y1 C71/7-4 Doug McRae Douglas S.McRae Owner Washington Shell Fish,Inc. State of W(1°;hinr.pn County of PtertA Signed or attested before me on (l4'fl(') by Not.Lc l'\c F1r1..c— . ,Ca.-rn AU& - 1 ?QC3 (Signature) Title �-..,� ,..�•� My appointment expires-T State of LAlnul' ri +br' County of P■+r .- OC Signed or attested before me on lc'hOc I by l.N tdl(tr, r, t\lcRa::. `J A _•�� •'c ...(Signature) pa9 L.)(4_111::I 1'I l t'1i.LC� Title :•�L% `r My appointment expires.i, l.(r"i 104 1$ S R. s _. 7 (Pita BY I;* i "q �r • a a 0.80) ,.. co� ;�_; ' ' 1; /• i o' ' , : 821334007 Z ),•fb'N.,'`, .' •. }.' tea;\: ' t i TAX 2 (LESS R/W) Nui 90 y` '' 6 4.54 Q.ci; •1111% i ,i a 77aa^^��'' „, 0 r- .: 1 or w7.'10- 17 .- • I. 0.02 a a a. .Gd e. .•0.03 a r--• i 1 14 1 1.$1 Ch. ` -� .- 3 1 c7�J 1.9$ C,Ft. 4.24 Ch. � E �' c� -1 � i Z 1 (.1 r l cI w t /6 'q• )5.47 Ch. i I I . i (f) (SQUAMISH t . HAR ) SorVII . JEFFERSON COUNTY A S , i-;::::-c-----.7----,-.7 --.7----... .. LOG ITEM 41;'--.'I., ,; _._ --- Fags °' ' UDC CONSISTENCY REVIEW Project Planner: K RUSSELL Master#PRE03-00032 Review Type Project Description PRE03-00032 Aquatic Farming Primary: WASHINGTON SHELL FISH INC Site Address: 3824 41ST ST CT NW GIG HARBOR WA 98335 PORT TOWNSEND WA, 98368 O DOUG MC RAE \\\NAg9 5407 38TH AVE NW GIG HARBOR WA 98335-8235 Project Location: Parcel number 821 334 073, in Section 33,Township 28,Range 01 East,WM,located at Port Townsend,WA 98368 Parcel Number: 821334073 S-T-R: 33-28N-01E Total Acreag( Legal Description S33 T28 R1E TL TAX NO.F Land Use: 9300 Flood District: Fire District: 3 Planning Area: Flood Map(FIRM)Panel No: School 49 Zoning: COMP PLAN DESIGNATION: COMMUNITY PLAN: UGA: MPR: WATER SUPPLY UTILITY: Service Area PUD: [ ] Plot plan states"property line" [ ] Assesor's Map(Property lines on submitted plot plan must match the property lines as identified on the Assessor's 1/4 map) [ ] Legal Access to Property YES NO [ ] Parcel Tags or Scanned Documents YES NO [ ] ESA's: Special Repo by Y� NO Shoreline Designati n:YE NO ✓ i Stream Type.YES Fish&Wildlife:YES NO Wetlands: YES NO Rare Plants:YES NO Seismic: YES NO Landslide: YES NO Flood: YES NO Erosion: YES NO Aquifer Recharge Area:YES NO SIPZ: none At Risk High Risk Coastal Stormwater site plan submitted: Yes No [ ] Forest Lands: YES NO Adjoining Forest Lands: _ Commercial/ Rural/ Inholding [ ] Mineral Lands: YES NO [ ] Stormwater: New Impervious Surface _Land Disturbing Activity_ ESA's Stormwater Req's: BMPs Small PESCP Large PESCP Engineering [ ] Notice Provisions/Disclosure: Airport YES NO MRL YES NO Forest Lands YES NO [ ] Landscaping Required:Yes No [ ] Parking Spaces Required NO 2 Other [ ] Building Height: 35' UBC Standard [ ] Impervious Surface coverage percentage: Resource Lands&Public: 10% Rural Residential: 25% Rural Industrial: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building Coverage:60%in Rural Industrial Lands only [ ] Total Building(s)Size: RVC:20,000 SF CC:5,000 SF NC:7,500 SF GC: 10,000 SF All others:suI ect to septic&water corsirairds/None specified [ ] Setbacks: Front: Left Side: Right Side: Rear: Shoreline Setback: LSHA Setback: [ ] Road Classification: Road Approach: EXISTING NOT REQ'D RAP [ ] SEPA Required: YES EXEMPT [ ] Flood Certificate: [ ] Existing Case(s)&Condition(s): Violations: Yes No [ ] Recorded Date of Subdivision: AFN Over Syr�UDC Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance Lots/Require Declaration of Restrictive Covenant YES NO, submitted: YES NO _ [ ] Site Visit conducted YES NO [ ] ADMIN: Setbacks entered in Permit Plan case N/A YES New Parcel Tags entered in Permit Plan N/A YES Special Reports Scanned N/A YES No parcel tags found for parcel LO ITEM Page . Associated CASES status issued finaled description ' 82'1334073 PRE03-00032 P Aquatic Farming LOT ITEM Page Hof ' DEVELOPMENT REVIEW TIME SHEET WASHINGTON SHELL FISH INC PRE03-00032 Date Time Comments K RUSSELL 1...(n ITEM #e of Pag I:\R_MLT_Case_CRMLA.rpt August 07,2003 45ON 4, °6 JEFFERSON COUNTY MENT 14 DEPARTMENT OF COMMUNITY DEVELOP �� 621 Sheridan Street•Port Townsend•Washington 98368 AUG " - 1 2003 ,94.1.NGt. 360/379-4450•800/831-2678•360/379-4451 Fax i . ' NT Pre-Application Conference The Jefferson County Unified Development Code (UDC) requires that before an application is made for all Type II and Type Ill project applications and Type I applications proposing impervious surfaces of ten thousand (10,000) square feet or more and/or non-single family structures of five thousand (5,000) square feet or more, a pre-application consultation must be held. The consultation includes preliminary review and administrative assistance. This service does not include extensive field inspection or correspondence. Pre-application consultation does nct limit subsequent administrative review. At the conference, Department of Community Development personnel shall provide the applicant with: (1) A list of the requirements for a completed application; (2) A general summary of the procedures to be used to process the application; (3) The references to relevant code provisions or development standards that may apply to the approval of the application; and (4) A list of any applicable hourly review fees that may be charged by one or more County agencies upon the filing of a project permit application with the County. Discussions at the conference or the information provided by the staff shall not bind or prohibit the County's future application or enforcement of all applicable laws and regulations. No statements or assurances made by County representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of County, state and federal codes, laws, regulations and land use plans. NAME: t,.)f)..jt\∎\' csl-nfl ,f1C, nn MAILING ADDRESS: 3gdL1 L1 k ti A- St C Nu) (i1c Nox,c - C ? ,AJ TELEPHONE: (HOME) 0-53-) 85S- ir,blx) (WORK) (.5:3) ma- 'v::14--)C" v; )C REPRESENTATIVE: [)OlLC (\ CRcue. C)r t'Ri- o_ nOSSA. MAILING ADDRESS: me, TELEPHONE: (HOME) ;Corn (WORK) 1 DIRECTIONS 1. Please answer all questions on this form completely. 2. Attach a sketch of the Conceptual Design for the proposed use or activity,showing the following information: a. Vicinity sketch; b. North arrow and scale; c. Property boundaries and identification of land uses on adjacent properties; d. Means of ingress and egress; e. Property/lot drainage; f. Possible locations of sewage disposal and water supply systems; g. Location of utility easements;and h. Proposed location of buildings, including setbacks to property boundaries. 3. Attach payment of the applicable fee,as set forth in the Jefferson County Fee Ordinance. PRE-APP CONFERENCE.DOC REV.04/22/2003 LOG ITEM Page 1 Page_.Of Property Description 1 General Location: ,Shine. Pid tidelcwd5 tIN c &I.0 Yl1S\1 ko.x or Legal Description(from Property Tax Statement): 5 33 T 2$ p d E T L TC.-x No F 9-Digit Parcel Number(from Property Tax Statement): SO 1 —33 4 - (Y73 Total Acreage: 4. 24 Oncuins Zone: %Lot Coverage: Applicant: Owner reLessee El Contract Purchaser El Other Project Description Property Owner(name and mailing address): bp1/40,3 M Cg0„0,, - 5t-ko1 32* Ave, NU3 Gtc3 No.x i r 1iA c183a5 Standard Disclosure Information provided to a prospective applicant during the pre-application consultation is based on County regulations in effect at the time of the pre-application consultation. Revised or new County regulations could affect a future development application. A pre- application consultation does not vest a future development application. By signing the application form,the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. I also certify that this application is being made with the full knowledge and consent of all owners of the affected property. Any material falsehood or any omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being null and void. I further agree to save, indemnify and hold harmless Jefferson County against all liabilities, judgments, court costs, reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees, representatives or agents for the sole purpose of application review and any required later inspections. This right of entry shall expire when the County (through the Administrator or the Administrator's representatives)concludes the application has complied with all applicable laws and regulations. ss and right f entry to the applicant's property shall be requested and shall occur only during regular business hours. r..�.'o�right 0/lag 103 (SIGNATURE) (DATE) I hereby designate to act as my agent in matters related to this pre-application conference. Os -see, (1.,t-t-0-6-4d 1kr 00 0.. Voris-O (Dn (LANDOWNER SIGNATURE) (DATE) . ___ i 4 = LOG ITEM AUG - a 3 PRE-APP CONFERENCE.DOC REV.04/22/2003 Ol Page 2 Page Associated CASES status issued finaled description 821334073 MLA03-00591 SDP03-00036 P Aquatic fanning in 2nd class tidelands PRE03-00032 F Aquatic Fanning Log Item Date Type 1 Pre application 8/1/2003 2 Master Land Use Application 8/23/2003 3 JARPA 8/23/2003 4 Environmental Checklist 1/16/2002 5 Farm Management Plan 9/23/2003 6 Application submittal letter 9/23/2003 7 WA Shellfish Inc Letter of Inquiry 12/18/2003 8 DOH Letter 12/18/2003 9 Registrations 12/18/2003 10 WA Shellfish Letter 12/18/2003 11 Jefferson County Additional Info Request 12/17/2003 12 Jefferson County Permit clarification letter 12/18/2003 13 Invoice for payment not received 10/27/2003 14 Point No Point Treaty Letter 1/22/2004 15 Point No Point Treaty Letter 2/13/2004 16 Voided Check 4/12/2004 17 WA Shellfish Correspondence 4/8/2004 18 Jefferson County Cancellation Letter 4/12/2004 19 t1- LF.6S 20 Coptriv.T tp4 N 21 V110-3 t�itz.. t � 1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 3 3o\ • JEFFERSON COUNTY SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION WASHINGTON STATE SHORELINE MANAGEMENT ACT (RCW 90.58) PROPONENT. . . : PT GAMBLE S'KLALLAM FISHERIES DATE ISSUED. : April 28, 1995 DATE EXPIRES: April 28, 1996 CASE NUMBER. : XMP95-0020 PROJECT DESCRIPTION: Maintenance repair of existing riprap stream banks and bed for 75 foot distance at mouth of Bones Creek. The development is proposed to be with HOOD CANAL & BONES CREEK and/or its associated wetlands. LEGAL DESCRIPTION: Parcel 721 031 007 in Section 3 , Township 27 North, Range 1 East, WM. The property is located one mile east of Shine Creek. FINDINGS: 1) The proposal is consistent with Exemptons Section 3 .402(6) of the Jefferson-Port Townsend Shoreline Management Master Program. The proposal is not a substantial development. NOTICE: This exemption does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program. (Y -Al Michelle Grewell, Assistant Planner Jefferson County Permit Center SEE ATTACHED CONDITIONS OF APPROVAL Conditions of Approval - Permit no. : XMP95-0020 For: PT GAMBLE S'KLALLAM FISHERIES Page: 2 1) This approval pertains to Jefferson-Port Townsend Shoreline Management Master Program requirements only. The approval of any other agency with jurisdiction or any other required permits shall be obtained prior to undertaking the project. 2) Work within the jurisdiction of the Shoreline Program other than described above shall receive separate review and approval from this office. 3) No fill or other material may be placed in the waters or intertidal areas of Jefferson County. 4) Prior to commencing construction, proponent should contact the Washington State Department of Fisheries at 895-4757 to determine whether this action is subject to the Washington State Hydraulics Code. 5) The proponent shall notify the Jefferson County Permit Center, Development Review Division 48 hours in advance prior to commencing construction in order to allow monitoring and ensure conformance with project conditions. 6) The riprap shall be placed as close to the bank as practicable and in substantial alignment with the ordinary high water mark. - | PORT GAMBLE S'KLALLAM TRIBE ' � OG20uou�F1 OUR REFERENCE YOUR INVOIC INVOICE INVOICE NUMBER NUMBER DATE AMOUNT AMOUNT PAID DISCOUNT NET AMOUNT ` 951564 951564 04/13/95 50.00 50.O0 0.00 50.00 TRX DESCRIPTION: Shoreline Permit/Bones Creek $50.00 , -.- I� JEFFERSON COUNTY No. 10 6 4 DATE 31 g/rte'' � RECEIVED FROM c .... f 'tiz(-c A-0--- ' DESCRIPTION qBARS# AMOUNT eellip g�'" 602_0 RENCY c/14,. ,,,�,� �� ` c�D n COIN 41411 c,.-.v C-;HECKS 4 w RECEIVED BY . TOTAL FAX 206 179 4451 PERMIT CENTER P01 C,'"v'_ t$ �Z' 7I- Processing fee: S 50 . 7t-- 3--4' . 0-0 cep o-•.►-C4-Qr r-/S- SI,ppgRS0N C0LiNT1C--02 "X"U" O3' FORT TOWNSENLti SHOREx x NE 3L?BSTANT2 ALL l7$yELOpMENT' pgRM2 T E ENG MpT M C,N A1=0 PL2 C3A2"= ON IsT0 XMP'42--- L2Claa--_ The Jefferson-Port Townsend Shoreline Management Master Program exempts certain developments from Sts permit requirements, pursuant to the � Washington State shoreline Management Act (RCW 90.55). To qualify for!lersae n exemption, the proposal must be reviewed and approved by the County Planning and Building Department. - Please answer the following questions completely. Print in ink or type. APPLICANT: ,Z7& ? 5 ADDRESS: Pox.r 6ifrIA GE 5'ieC,& ,lti fisetrat55 3/`--Ict L,rir-Oelt TELEPHONE: (home) ?Si- 213 Z,- (business) ZS 7-`17? 7_ Iciows,spew REPRESENTATIVE/CONTACT PERSON: P" • ADDRESS:, - TELEPHONE: (home) (business). F"Et.010sERTY z,=et CT re=LDZ''TON' GENERAL LOCATION: -r2.7 IL!F S 3, /1u7A7?‘ if goiLes C4( . l '1l R_E 6. Gr S#7 Cr- LEGAL(s): Identify each affected property with information 'from property tax statement. Describe the -nearest upland property if the proposal is within a waterbody. roposal Site C) Upland Site Owner: 77rz Sri 62Sk . �n,cc f &'.c6'•-6. (.s4 Address: 3 t-r ov l sL/f�� `�"��'T L��" J ,8•bq o Tax Parcel Number (9 digits): 7 2( D ; , 00-7 • Real Property Descriptions 774--K?`' g . PL-A - 5 '3 2', N A ' E t2 Q Proposal Site 0 Upland Site T 1-, ri , 3 3+=== Address: ( A ` Tax Parcel Number (9 digits) Ill,eOUR{TY Real Property Description: L ,'r,, ' ENTER ADJACENT WATERBODY: «-A-1A t-- go/-.S Y I t T FAX 206 379 4451 PERMIT CENTER P02 PROPOSAL DESCRI PTX ON PROPOSED DEVELOPMENT: PLIfiv 6.11. tE /x-6',1//L OF *(517/4-6- g/P ° 51i47-i o9,47 K5 ,'- Sao G,2F�ii1� ( S/rt- v 7 Go/, (?9 / 4 Gs Sep .., era USE; •• ESTIMATED COST OR FAIR MARKET VALUE:. $ / 3 c COMPLETION DATE: 71/1.‘f / Ocr- 3/• /9 ?(O U.S. ARMY CORPS PERMIT: 0 Applied, Notice Number, lb Not Required Q Required, Not Applied STATE FISHERIES/WILDLIFE HYDRAULIC PROJECT APPROVAL: Ar Applied Q Not Required Q Required, Not Applied SITE PLAN 55c- A site plan must accompany the exemption request. It should be no larger than 8-1/2 by 14 inches, to scale, and suitable for copying. It should show the following: 1. North arrow and scale. 2. Development area (property boundary lines, section lines, etc.). 3. Property improvements (existing/proposed structures, utilities, development, etc.). 4. Property features (existing/proposed changes to topography, ground relief, vegetation, etc.). 5. Waterbodies and wetlands. 6. Ordinary high or mean higher high water line. A.CKNO WT.EDQEMENT I hereby declare that the information provided in this application Is true and correct to the best of my knowledge. I acknowledge that development of this proposal may not occur until approval has been granted by the Test, /`,s +nrs n1 andrn anA Nn11A1rn Tarar+WIonf- k r /Vo Iv- b go,/.5 Cie- C ReaAVR ppa xu-'-r I- oc.f- S ♦? ? s r� L.-c)ear, CAI , TN tftaD C4,l*L P RiQ6E ..cam... 5If(tsE BSS GgEEac Pie* GT' 're Pc or £.4CL ,BE to sinouNP eer✓Si °K/ tiSt64 Pertov6g SrnNG- 6 �Wor G!/44,60.7 - 6CrsiEA/ - pme PhoD l�ti�A L Woduiviseit",. MPAAP ,4 -,SAY# ( , 414p. 1. • Ff1,mo- Fn. (c. �w� WASHINGTON SHELL FISH, INC. 3824 41st Street Court Northwest Gig Harbor, WA 98335 Phone: (253) 858-6600/Fax: (253) 858-6601 October 21,2003 A4 0 3 ` Oa 59 z- Jefferson County 06 5-C1 1 Department of Community Development CERTIFIED MAIL 621 Sheridan Street 7002 3150 0000 7537 6378 Port Townsend, WA 98368 Attn: Kevin Russell Dear Mr. Russell, Enclosed please find the completed applications for Parcel #821 334 073 and #701 302 009 to include the following: • Master Land Use Permit Application Form; • JARPA application; • State Environmental Police Act Environmental Checklist; • Our Farm Plan;and, • Environmental Codes of Practice from PCSGA. As requested, we have reviewed the Jefferson County Shoreline Management Master Program to determine which definition our farming would fall under. On page 44, section 5.30, it specifies "those activities which do not meet the definition of development.., such as beach culturing and hand harvesting, are not subject to the shoreline permit requirements." Please provide an example of what type of activity would fall under this category. Our farming activities use beach culturing and hand harvesting of our aquatic products. Therefore,would a permit be required? Upon your review of our information,please give us a call to discuss these issues. Thank you for your assistance and we look forward to hearing from you soon. Sincerely, Paula Rossa tto€6 ,15t--- Executive Assistant OCT 23 2003 JEFFERSON COUNTY DCD # sage DEC-18-2003 10 : 36 AM WASHINGTON SHELL FISH 2538586601 P. 01 p _____, D 1----E- 'F"" r:5.-ft" 7 15 ,11-' ,' I At. Li DEC 18 2003 " t N FAX Washington Shell Fish, I ,. Ai�i i 1 ,F, �cPT.OF CJ : ::! Evr..Opl'�"'f �.� 3824 41st St. Ct.NW .•y , ', '! Gig Harbor, WA 98335 ' Tel: (253) 853-7410/(253) 858-6600 ,1 * A 4�� , ��: Fax (253) 858-6601 Send to: Jefferson County From: Paula Rona Executive Assistant Attn: Kevin Russell Date: December 18,2003 Fax: 360-379-4451 Total Pages: 0 Urgent 0 Reply ASAP CI Please comment Cl Please review DFYI Comments: Good morning Kevin, As we discussed this morning,following this fax is a copy of the licenses listed below: • Washington State Department of Health-Contact person is Helen Seyferlich(360) 236-3323. Helen does our site inspections on each of our private tideland leases and determines whether they are located in an already approved area or not If they are located in an already approved area,they are added to our Harvest Site Certification and a letter is issued to this effect. We are faxing a copy of the letters pertaining to each property in question. Secondary to our Site Certification,we also have our Shellfish Operation License and Certificate of Approval. This license authorizes us to harvest shellfish from locations specified on the certificate. The contact person for this is Frank Cox (360)236-3309. As we discussed for future sites that are not already located in a Department of Health approved area,the health department does not require a property to be approved prior to planting so there may be an occasional permit that passes through to you before we have secured the approval for harvest. • Washington State Department of Fish&Wildlife-Contact person in the licensing division is Teri Milke or Kim Pritchard(360)902-2464. We are required to obtain a Aquatic Farm License along with a site specific Aquatic Farm Registration Card, and we have a Wholesale Dealer's License for selling our product. Because our boats and personnel also harvest DNR state tracts, we have a current geoduck diver license and all of our boats used in our operation are licensed through fisheries. This is not a requirement,however,for operations on dela s/aquatic farming. `age . 1 of DEC-18-2003 10 : 36 AN WASHINGTON SHELL FISH 2538586601 P. 02 • Washington State Department of Natural Resources-Because we are leasing private tidelands and not DNR property,DNR does not have jurisdiction over these properties and no licenses are required from DNR. As we discussed,pre-harvest does not fall under the definition of development and we recognize that Jefferson County does require a permit of some type for planting and subsequent post harvest. The question is does Jefferson County require a permit for pre-harvest from private tidelands? As we have been discussing,if DNR is not required by Jefferson County to have a permit for harvesting the state tracts,do we need a permit for the pre-harvest of our private tidelands? We hope this brief explanation puts all that we have talked about into perspective and assists you in your research of this subject. Please keep us apprised of your results and if there are any additional questions that arise,please give us a call. Thank you for all of your efforts thus far. Sincerely, jilDst.rZtts-2\as,r0 Paula Rossa Executive Assistant LOGGTEM 'i of t5 DEC-18-2003 10 : 37 AM WASHINGTON SHELL FISH 2538586601 P. 03 Illikt 1 $i Hit] ° � ; jlj 7 ed o ta cl.d1 i ■ ii -ed S lg - \ i $2, i %,9, tte x a z a g « a � � vlit v3 z d' o nti' a ea i E. q 81 0 , wgzil - 5 I $ 114 A g s a0 Z H x AW O� O 0.4 i u tti 5 a $ V4 L4, ral 0 o A i g Z ,..1 i ll I 1 I 1 I ti i s g t 1 ate' re? .,1 I = .. r . . . . 0 w .1 6 p-4 1: .8 ii hl 1 Ls a 2 L�� DEC-18-2003 10 : 38 AM WASHINGTON SHELL FISH 2538586601 P. 04 / At 'T ,y STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF FOOD SAFETY&SHELLFISH PROGRAMS 7171 Cleanwater Ln.,Bldg.4 • PO Box 47824 • Olympia, Washington 98504-7824 (360)236-3330 • TDD Relay Services 1-800-833-6388 April 26, 2001 • Douglas S. McRae Washington Shell Fish Inc. 3824 41°t.Street Court Northwest Gig Harbor,WA 98335 Dear Mr. McRae: RE: Washington Shell Fish Inc.,WA-1349-SS Application for Harvest Area Approval Thank you for your recent Application for Harvest Area Approval to the Department of Health, Office of Food Safety and Shellfish Programs. This letter is to advise you that the following harvest site has been inspected and approved: Lessor: Bruce&Jim Munn . Description: Quilcene Bay Tax Parcel Number: 701-302-009 For your records,please find enclosed your updated Harvest Site Certificate showing all of your approved harvest sites. Please review this document very carefully for accuracy. If there are any changes to your.Harvest Site Certificate, such as the deletion of a harvest site, an expired lease, acreage amount, incorrect information,missing information, etc.,please notify our Office immediately so we may correct it. The more information we have on your Harvest Site Certificate the better. If a harvest sitb has an expired lease, it is your responsibility to submit a copy of the current lease. If we do not have a copy of the current lease on file, that harvest site will be taken off your Harvest Site Certificate. If you have any questions or concerns regarding this letter,please contact Helen Seyferlich, Public Health Advisor, at(360) 236-3323. Sincerely, , D .Ju A. Dowell, VM Manager of Licensing and Certification Enclosure .. .. • 0 DEC-18-2003 10 : 39 AM WASHINGTON SHELL FISH 2538586601 P. 05 r • o � inifti ... gl in ...... P.T4 ; ,, 2 c,a i' 1 z ct) a4 ca M 71:1 V 2 V Hw 4o. g C4 i d'It H Cs) ii /*-4 - 11 15 ,.... ,:,:a cx gz4 4 IT W o s.----piT PI PI lit i'l<1 3..._11, _IF .1Ir 11) 3 ill C4 b A il, LOG ITEM ii Page 1 of —:.• DEC-16-2003 03 : 15 PM WASHINGTON SHELL FISH 2538586601 P. 01 FAX . Washington Shell Fish, Inc. _ i�� 3824 41st St. Ct.NW -,t , ' Gig Harbor, WA 98335 - Tel: (253) 853-7410/(253) 858-6600 I ..` .,. Fax: (253) 858-6601 Send to: Jefferson County From: Paula Rossa Executive Assistant Attn: Peter Date: December 16,2003 Fax: 360.379-4451 Total Pages: 1 0 Urgent 0 Reply ASAP 0 Please comment 0 Please review OFYI Comments: Good afternoon Peter, Thank you for taking the time to speak with me this afternoon regarding geoduck harvesting in Jefferson County. It is my understanding from our conversation that Jefferson County does not require a permit for harvesting geoduck from private tidelands. If this statement is inaccurate in any way,please provide a written clarification. Thank you. Sincerely, Paula Rossa �' 0 �� ,r i ,11, DEC 1 6 2003 d 1 C \ck—v P's N - 1 ItrvA }*1 .0‘30i\CeljK \ , 9 ‘ppl At , 47 V\31;pck) 19 diat 1 ( C7 A 0,(VkiC;fprO PAILI /C‘ \,,I i grINAP A /. 0)\J V ( IkARROc0 \01 11 LOG ITEM — 9 Pa e --° DEC-18-2003 10 : 40 AM WASHINGTON SHELL FISH 2538586601 P. 07 .• -�.r .■..—_ 11 ■..-� N O U 7 Li.I 4 M 3 in W1 g N N A.S1 t w V rl — 1 . 44 A '��yr M w ' "' 4 N V W _i ., 44 Z x .! g:1 ).114 .0. Il v) Idt a W iI Z : N v 41 4 o E-4 W z 0 m Ca 4,1 p a E. o H /fti'l �• v C4 r4 ao ed In Cili 44 kill FA -6 A O14 6.1,...., ii" I=r71 7-R § = i ----■ ,4,"(--HX tv A N I-I 1 d A '----i_f 5: U ce s LOG ITEM F. g J J.■ bLII rageof ( . DEC-18-2003 10 : 39 AM WASHINGTON SHELL FISH 2538586601 P. 06 azg-01A/ G?"/ TAE--- 1-8-r,.v4 .CaoSl' ..11F0410 . f — CO Grt" ltkix0 A4 e'er^t" ' Fog- V 77 6 ? Tlz-Asc Atvei -Ao-'v/ '-,Eon/af G pox � 1.6 Z11'.(95 O Plejell4.! CV> benia 7 yM�.�roG- 14 CAP 'IS +' lI ::w3ISTAATION s�U .Ilst� �a oR L}2c U. SII II �TOII STILL FISH I a32I.' . I ST ST GT It1 3 I C 11,2302 U 93335 112615 15 c141 it --i3C1c- page . $E#Cirlt WASHINGTON SHELL FISH, INC. 3824 41st Street Court Northwest Gig Harbor,WA 98335 Phone: (253) 858-6600/Fax: (253) 858-6601 December 16,2003 Jefferson County DEC 18 21113 Department of Community Development 621 Sheridan Street Port Townsend,WA 98368 JEFFERSON COUNTY DCD Attn: Kevin Russell,Planner Dear Mr. Russell, During our meeting several weeks ago, you mentioned a company in Pierce County involved in geoducks. In an effort to negate any misconceptions,we felt it important to inform you that we are that company in Pierce County. Please feel free to give us a call should you have any questions. Thank you. Sincerely, DS(11 5 Douglas McRae President Cc: Robin Downey,PCSGA Jim Jesernig, PCSGA Lobbyist • M ®{.ice I • • >Subject: Gotta have guts! Hope y'all don't mind me sending this out. It's about time someone speaks up to remind the government that the United States is "one nation under God". Subject: This Pastor has guts! This Pastor has guts! Thought you might enjoy this interesting prayer given in Kansas at the opening session of their Senate. It seems prayer still upsets some people. When Minister Joe Wright was asked to open the new session of the Kansas Senate, everyone was expecting the usual generalities,but this is what they heard: "Heavenly Father, we come before you today to ask your forgiveness and to seek your direction and guidance. We know Your Word says, "Woe to those who call evil good," but that is exactly what we have done. We have lust our spiritual equilibrium and reversed our values. We confess that we have ridiculed the absolute truth of Your Word and called it Pluralism. We have exploited the poor and called it the lottery. We have rewarded laziness and called it welfare. We have killed our unborn and called it choice. We have shot abortionists and called it justifiable. We have neglected to discipline our children and called it building self-esteem. We have abused power and called it politics. We have coveted our neighbor's possessions and called it ambition. We have polluted the air with profanity and pornography and called it freedom of _expression. We have ridiculed the time-honored values of our forefathers and called it enlightenment. Search us, Oh, God, and know our he .-ts today; cleanse us from every sin and set us free. Guide and bless these men and women who have been sent to direct us to the center of Your will and to openly ask these things in the name of Your Son, the living Savior, Jesus Christ. Amen!" The response was immediate. A number of legislators walked out during the prayer in protest. In 6 short weeks, Central Christian Church, where Rev. Wright is pastor, logged more than 5,000 phone calls with only 47 of those calls responding negatively. The church is now receiving international requests for copies of this prayer from India, Africa, and Korea. Commentator Paul Harvey aired this prayer on his radio program, "The Rest of the Story," and received a larger response to this program than any other he has ever aired. With the Lord's help, may this prayer sweep over our nation and wholeheartedly become our desire so that we again can be called "one nation under God." If possible, please pass this prayer on to your friends. "If you don't stand for something, you'll fall for everything." Think about this if you forward this prayer to everyone on your email list, in less than 30 days it would be heard by the world. LOG TEM December 17, 2003 DOUG MC RAE 5407 38TH AVE NW GIG HARBOR WA 983358235 RE: SITE ADDRESS: .................... CASE#: MLA03-00591 Dear DOUG MC RAE: The Department of Community Development is in the process of reviewing your application. The following information is needed to continue review of your project. Per our preapplcation meeting your proposal DOES require permitting. If the development within the shoreline does not exceed $5,000, a Shoreline Exemption Permit is required. In addition, the proposal shall be subject to the State Environmental Policy Act (SEPA). The fees include: -Permit Exemption-$282.00 -SEPA-$552.00 In addition, a revised site plan shall be included prior to processing. The site plan shall detail the following items. -The drawing shall be to a scale size no smaller than one (1) inch equals one hundred (100)feet. -The exact size of the proposed operation. -The proposed depth of the operation and the exact location of the OHWM. -The location of the operation in relation to the leased tidelands. Please submit the above information to the Department of Community Development by March 16, 2004. Pursuant to Unified Development Code Section 8.2.3.c and f., if the applicant refuses to submit the additional information or does not request additional time to submit the required information within the ninety(90)calendar day period, the application will be considered abandoned and therefore withdrawn and the applicant shall forfeit the application fee. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. Sincerely, Department of Community Development Staff c: File Jefferson County Environmental Health G r WASHINGTON SHELL FISH INC page-�`' .00N co JEFFERSON COUNTY � � DEPARTMENT OF COMMUNITY DEVELOPMENT ti _ c 621 Sheridan Street 14901.0 Port Townsend, WA 98368 Al Scalf, Director December 18, 2003 Paula Rossa Washington Shell Fish Inc. 3824 41st St. Ct. NW Gig Harbor,WA 98335 Re: Preharvesting Dear Ms. Rossa: This letter is to inform you that permitting is required for harvesting clams, oysters, geoducks, ghost shrimp and other organisms in intertidal or subtidal areas. Prior to commencing any activities a shoreline permit shall be approved. Based upon your description to harvest existing geoducks in locations leased by your company, your proposal will be governed under Section 5.30 (Passive Aquaculture) of the Jefferson County Shoreline Master Program. I have enclosed an application packet and a copy of Section 5.30 of the Master Program. Please complete the application and submit the permit fee of$834.00 to begin the application process. The fee will increase to$853.00 beginning on January 1, 2004. Please contact my direct line @ (360) 385-9406 if you have further questions regarding the permitting process. Sin erely, , , Kevin Russell, AICP Associate Planner Cc:Schreck,DNR � ^^ Thurston,WDFW g �� Hatch,Point no Point Cox,DOH Stewart,DOE Building Permits/ Inspections Development Review Division Long Range Planning (360) 379-4450 FAX: (360) 379-4451 nil NO4'tce, 544►k 12131/n3 � Q e° Jefferson County D C D Invoice No. 03-585 621 Sheridan Street Port Townsend,WA 98368 14y1 o (360)379-4450 fax(360)379-4451 INVOICE Customer Name Washington Shell Fish, Inc Attn: Paula Rossa Date 10/27/2003 Address 3824 41st St Ct NW MLA# MLA03-00591 City Gig Harbor State WA ZIP 98338 Case# SDP03-00036 Phone Case# Qty Description Unit Price TOTAL 1 Shoreline Sunstantial Development Permit-Type III $1,378.00 $1,378.00 1 SEPA Base Fee $423.00 $423.00 Your permit will not be issued until upon receipt of the payment for the above review review. cc: Douglas McRae SubTotal $1,801.00 Payment Details O Cash O Check O Outstanding TOTAL $1,801.00 Name Check# * k Receipt# ~� P LOG STEM Department of Community Development A . (€ j) JEFFERSON COUNTY iiDEPARTMENT OF COMMUNITY DEVELOPMENT I , ECE I VED 41. 4. 621 Sheridan Street•Port Townsend•Washington 98368 OCT 2 3 2003 "4t , O 360/379-4450.800/831-2678.360/379-4451 Fax www.co.jefferson.wa.us/commdevelopment Master Land Use Permit Application Form JEFFERSON COU011I OCD PROPERTY INFORMA VON Tax Parcel Number. ® a MI © © © 0 Subdivision Name: Lot Number. Property Size: I-t.2u cjojrs(acres/square f e e t) Existing Use o f Property: 2 rd .\ass +i a ei a_ndS Site Address and/or Directions to Property: 3h‘ne, ( cnd lkc e_1(i_r,c)s APPLICANT&OWNER(INFORMATION Applicant(if applicable): I.C4i. 1-)ir c�ir,n F4-,6( st„, \rc. Telephone:f cil)25$-cktDO Address: R5 G14 41-A Si- Ci- NI:v City: (1I g r by State: A Zip Code:°12.,1 -5 Email Address wo,s1-121 I Rs- )O b(- Applicant's Signature: �Q�. L 3 Corn Property Owner(s)of Record: 1. 0u310.S t4C'.I?Qs2_ Telephone:(2SW) 25$- 6600 Address: s-2,R,L4 41 y-1- S+ C.1 00 City: Cii Ha 1-.1Npr State: Lots, Zip Code: 9 Email Address I acknowledge that the applicant above is applying for a building permit on my property. Owner's Signature:t�1S See. 0.�d1/4,0.,c..kru4 1 rr 0('- od u5!-4-Or\`t,o6n,0h I hereby designate to act as my agent in matters relating to this application for permit(s). �S Sex. .d ,o. 1xl l r a C aw 4.ve r-a-.+t of' (PROPERTY OWNER SIGNATURE) (DATE) DESCRIPTION OF PROPOSED USE OR ACTIVITY(include separate sheets as necessary) 0 i c, 'CLrrv,ir- .1.n 2 rd c.,1 ass 4-,de Sa.r cis [THIS SECTION FOR OFFICE USE ONLY] Refer to the specific sections of the UDC referenced below for more information and further requirements.An asterisk(")indicates that a supplemental application or questionnaire may be required. Tvae I Permits Refer to: O Septic Permit/Evaluation of Existing System(EES) UDC Section 6.4.1 and Chapter 8.15 JCC O Building/Demolition Permit UDC Section 3.2.1 and Table 3-1 0 Allowed"Yes'Use Consistency Analysis UDC Section 3.2.1 and Table 3-1 o Home Business Table 3-1 and UDC Section 4.20 O Stormwater Management* UDC Section 6.7 SO 0 Road Access* UDC Section 6.8 0 Boundary Line Adjustment* UDC Section 7.2 o Minor PRRD Amendments UDC Section 3.6.13.15 0 Sign Permit* UDC Section 6.15 K O� rZ (�X 0 Site Plan Approval Advance Determination(SPAAD) UDC Section 8.7 a,o �°b°`° 0 Shoreline Master Program Exemption/Permit Revisions UDC Section 5 �•'" o Temporary Use(based on use may be Type II or Type III)* UDC Sections 4.38 and 4.$ ' ' (OVER) e } Type II Permits Refer o: ❑ Discretionary"D"or Unnamed Use Classification UDC Sections 3.2.1,3.2.2 and Table 3-1 ❑ Cottage Industry UDC Section 7.3 and Table 3-1 ❑ Short Plat,Preliminary and Final* UDC Section 7.3 ❑ Binding Site Plan* UDC Section 7.5 D Conditional(Administrative)'C(a)"Use UDC Table 3-1 and Section 8.8 ❑ Conditional(Discretionary)"C(d)'Use UDC Table 3-1 and Section 8.8(Discretionary Permit Review Process Determined by Administrator) ❑ Variance,. '. UDC Section 8.9 ❑ Wireless Telecommunication Ordinance 06-0712-99(UDC Appendix C) D Shoreline Substantial Development(Primary Use) UDC Section 5 ❑ Forest Practices Act/Release of Six-Year Moratorium for Single- UDC Section 4.16.5(c) Family Residence ❑ Appeal UDC Section 8.4.2 SEPA 8.10.12(b) Tvoo III Permits D Conditional"C'Use UDC Section 8.8 ❑ Long Plat,Preliminary* UDC Section 7.4 ❑ Planned Rural Residential Development Preliminary Approval UDC Section 3.6.13(must be in conjunction with an (PRRD)and Major Amendments* underlying land division application) ❑ Plat Vacation/Alteration UDC Section 7.1.3(d) ❑ Variance,Major* UDC Section 8.9 ❑ Reasonable Economic Use Variance* UDC Section 3.6.4(h) ❑ Wireless Telecommunication Ordinance 06-0712-99 UDC Appendix C ❑ Shoreline Management Substantial Development,Secondary Use* UDC Section 5 ❑ Shoreline Management Conditional Use* UDC Section 5 ❑ Shoreline Management Variance* UDC Section 5 ❑ Appeal UDC Section 8.4.3 SEPA 8.10.12(c) Type IV Permits ❑ Long Plat,Final UDC Section 7.4 O PRRD,Final UDC Section 3.6.13 L1J O Tvve V Permits ~ D Special Use(Essential Public Facilities) UDC Section 3.3.5 0 ❑ Jefferson County Comprehensive Plan/UDC/Land Use District Map UDC Section 9 0 Amendment* --1 ti3 ❑ Jefferson County Shoreline Master Program Amendment* UDC Section 5 D Appeal of SEPA UDC Section 8.10.12(d) Other Local.State or Federal Permits D Please identify any other kcal,state or federal permits required for this proposal,if known: ACKNOWLEDGEMENTS [PLEASE NOTE THAT TWO SIGNATURES ARE REQUIRED] By signing the application form, the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. I also certify that this application is being made with the full knowledge and consent of all owners of the affected property.Any material falsehood or any omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being null and void. I further agree to save, indemnify and hold harmless Jefferson County against all liabilities,judgments, court costs, reasonable attomey's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any required later inspections. This right of entry shall expire when the County(through the Administrator or the Administrator's representatives)condudes the application has complied with all applicable laws and regulations.Access and right of entry to the rcant's be requested and shall occur only during regular business hours. 1. C�i,t A �1p��54!aa.>..AQl l tt7lal lab a PROPERTY OWNER, (DATE) The action or actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential"take of an endangered species as those terms are defined in the federal law known as the'Endangered Species Act'or'ESA.'Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are in compliance with the Jefferson County development code The Applicant acknowledges that he, she or it holds individual and non-transferable responsibility for adhering to and complying with the ESA. The Applicant has read this disclaimers and signs and dates it below. 2. be W .1c lac )0.003 PROPERTY OWNER (DATE) • AGENCY USE ONLY Agency Reference#: Date Received:_ Circulated by: (local govt. or agency) • JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (JARPA) (for use in Washington State) I PLEASE TYPE OR PRINT IN BLACK INK El I am applying for a Fish Habitat Enhancement Project per requirements of RCW 75.20.350. You must submit a copy of this completed JARPA application form, and the (Fish Habitat Enhancement JARPA Addition)to your local Government Planning Department and Washington Department of Fish& Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS-You must submit any comments on these projects to WDFW within 15 working d: Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) Local Government for shoreline:CISubstantial Development ❑ Conditional Use ❑Variance ❑Exemption ❑ Revision ❑Floodplain Management ❑ Critical Areas Ordinance ❑ Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region) ❑ Washington Department of Ecology for 401 Water Quality Certification Nationwide Permits(to Regional office-Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ❑ Corps of Engineers for: ❑Section 404 ❑Section 10 permit ❑ Coast Guard for Section 9 Bridge Permit ❑ US Fish&Wildlife Service or National Marine Fisheries Service for Endangered Species Act(ESA)Consultation SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 1.APPLICANT Washington Shell Fish,Inc. MAILING ADDRESS O24 41"Ct NW—Gig Harbor,WA 98335 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# (253)858-6600 washellfish@aol.com Cell#(253)3774600/6605 (253)858-6601 If an agent is acting for the applicant during the permit process,complete#2. 2.AUTHORIZED AGENT Douglas McRae—President or Paula Rossa—Executive Assistant MAILING ADDRESS 3824 41"St CT NW—Gig Harbor,WA 98335 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# (253)858.6600 Cell#(253)3774600/6605 (253)858.6601 3.RELATIONSHIP OF APPLICANT TO PROPERTY: 0 OWNER 0 PURCHASER ®LESSEE 0 OTHER: -{tr�gA 4.NAME,ADDRESS,AND PHONE NUMBER OF PROPERTY OWNER(S),IF OTHER THAN APPLICANT: 1•\ "" �� Douglas McRae/5407 38th Ave NW/Gig Harbor,WA 98335(253)858-8600 5.LOCATION(STREET ADDRESS,INCLUDING CITY,COUNTY AND ZIP CODE,WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR) OCT 2 3 2003 Shine Road tidelands in Squamish Harbor LOCAL GOVERNMENT WITH JURISDICTION(CITY OR COUNTY) Jefferson County WATERBODY TRIBUTARY OF JEEF. N COUNTY OCO Squamish Harbor 'A SECTION SECTION TOWNSHIP RANGE GOVERNMENT LOT SHORELINE DESIGNATION 33 28 01E 2 LATITUDE&LONGITUDE ZONING DESIGNATION IF KNOWN: TAX PARCEL NO: DNR STREAM TYPE,IF KNOWN • 821-334-073 LOG ITEM page....L--of *SCREE THE CURRENT USE OF THE PROPERTY,AND STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTION OF THE PROPOSED ACTIVITY IS ALREADY COMPLETED ON THIS )PERTY,INDICATE MONTH AND YEAR OF COMPLETION. ivately owned tidelands—no structures 410ROPERTY AGRICULTURAL LAND?D YES®NO ARE YOU A USDA PROGRAM PARTICIPANT? D YES lB NO DESCRIBE THE PROPOSED CONSTRUCTION AND/OR FILL WORK FOR THE PROJECT THAT YOU WANT TO BUILD THAT NEEDS AQUATIC PERMITS: COMPLETE PLANS AND SPECIFICATIONS SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE,INCLUDING TYPES OF EQUIPMENT TO BE USED. IF APPLYING FOR A SHOREUNE PERMIT,DESCRIBE/IL WORK WITHIN AND BEYOND 200 FEET OF THE ORDINARY HIGH WATER MARK ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. The proposed afie will be used forte cultivation of Shellfish.Dependant upon the substrate and predation.In some areas we will use PVC tubes inserted into the subsbaa with approximately 2' idng out above ground,and place 2 seed per pipe. In other areas,we will be using a patented seed planting machine which makes a small scratch on the bottom 1.2"deep,drops a seed in place and My covers the seed back up. The tubes(if used)are removed OW 6 months,along with the predator control netting.The netting will be secured using stainless steel pins. Harvesting generally occurs approximately 5 years x planting. DESCRIBE THE PURPOSE OF THE PROPOSED WORK AND WHY YOU WANT OR NEED TO PERFORM IT AT THE SITE PLEASE EXPLAIN ANY SPECIFIC NEEDS THAT HAVE INFLUENCED THE DESIGN. Commercial cultivation of geoduck,oyster,and manila. 411 DESCRIBE THE POTENTIAL NPACTS TO CHARACTERISTIC USES OF THE WATER BODY.THESE USES MAY INCLUDE FISH AND AQUATIC LEE,WATER QUALITY,WATER SUPPLY,RECREATION, and AESTHETICS. IDENTIFY PROPOSED ACTIONS TO AVOID,MINIMUM,AND MITIGATE DETRIMENTAL IMPACTS,AND PROVIDE PROPER PROTECTION OF FISH AND AQUATIC UFE. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. Shellfish aquaculbue is a preferred use under the Shoreline Management Act The nature tithe operation requires clean water and a healthy marine ecosystem to be successful. B'ARATION OF DRAWINGS:SEE SAMPLE DRAWINGS AND GUIDANCE FOR COMPLETING THE DRAWINGS. ONE SET OF ORIGINAL OR t+0100D QUAL/TYAEPRDDGGSLE DRAWINGS MERE TAO HIED. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE,BUT THESE DO NOT SUBSTITUTE FOR DRAWINGS. THE CORPS OF ENGINEERS AND AST GUARD REGIME DRAWINGSGV*-1/2X11INCHSHEETS LARGER DRAWINGS MAY BE REQuIRED EYOTHERAGEND . IT'LL THE PROJECT BE CONSTRUCTED IN STAGES? D YES RI NO ROPOSED STARTING DATE: Upon issuance Odle permit STMIATED DURATION OF ACTMTY: Continuing/sustained basis. HECK IF ANY STRUCTURES WILL BE PLACED: WA 3 WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS;AND/OR 3WATERWARD OF MEAN HIGH WATER LINE IN TIDAL WATERS WILL FILL MATERIAL(ROCK,FILL,BULKHEAD,OR OTHER MATERIAL)BE PLACED:WA 3 WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? IF YES,VOLUME(CUBIC YARDS) /AREA (ACRES) 3 WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TIDAL WATERS? IF YES,VOLUME(CUBIC YARDS) AREA (ACRES) • LOG ITEM `P# of page ' � e • • • 11.WILL MATERIAL BE PLACED IN WETLANDS?N/A 0 YES tEl NO IF YES: A. IMPACTED AREA IN ACRES: B. HAS A DELINEATION BEEN COMPLETED?F YES,PLEASE SUBMIT WITH APPLICATION. 0 YES ®NO •C. HAS A WETLAND REPORT BEEN PREPARED?IF YES,PLEASE SUBMIT WITH APPLICATION. 0 YES 1131 NO D. TYPE AND COMPOSITION OF FILL MATERIAL(EG.,SAND.ETC.): E. MATERIAL SOURCE: _ F. LIST ALL SOIL SERIES(TYPE OF SOIL)LOCATED AT THE PROJECT SITE,&INDICATE F THEY ARE ON THE COUNTY'S LIST OF HYDRIC SOILS.SOILS INFORMATION CAN BE OBTAINED FROM THE NATURAL RESOURCES CONSERVATION SERVICE(NRCS): Cobble–Pea gravel-Sand 12.WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS?NO 0 YES RI NO IF YES,IMPACTED AREA IS ACRES. 13.WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS?NO O YES IEINO IF YES: A. VOLUME: (CUBIC YARDS)/AREA (ACRES) B. COMPOSITION OF MATERIAL TO BE REMOVED: _ C. DISPOSAL SITE FOR EXCAVATED MATERIAL: D. METHOD OF DREDGING: 14.HAS THE STATE ENVIRONMENTAL POLICY ACT(SEPA)BEEN COMPLETED? ®YES 0 NO SEPA LEAD AGENCY: SEPA DECISION: DNS,MONS,EIS,ADOPTION,EXEMPTION DECISION DATE(END OF PERIOD): SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15.LIST OTHER APPLICATIONS,APPROVALS,OR CERTIFICATIONS FROM OTHER FEDERAL,STATE OR LOCAL AGENCIES FOR ANY STRUCTURES,CONSTRUCTION,DISCHARGES,OR OTHER ACTIVITIES DESCRIBED IN THE APPLICATION(I.E.PRELIMINARY PLAT APPROVAL,HEALTH DISTRICT APPROVAL,BUILDING PERMIT,SEPA REVIEW,FEDERAL ENERGY REGULATORY COMMISSION LICENSE(FERC),FOREST PRACTICES APPLICATION,ETC.)ALSO INDICATE WHETHER WORK HAS BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. Aquatic Farm R.gia ration WA.St Dept of Fish and Wildlife #1121115 March 26,2001 Wholesale Fish Dealer License WA.St Dept.of Fish and Wildlife #5750 Wirth 9,2001 Shellfish Operators License&Certification of Approval Washington Dept of Health #1349 August 20,2001 • • 16.HAS ANY AGENCY DENIED APPROVAL.FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED HEREIN? 0 YES ®NO IF YES,EXPLAIN: SECTION B-Use for Shoreline and Caps of Engineers permits ordy: 17.TOTAL COST OF PROJECT.T145 MEANS THE FAIR MARKET VALUE OF TIE PROJECT,INCLUDING MATERIALS,LABOR,MACHINE RENTALS,ETC. 4,000 18.LOCAL GOVERNMENT WITH JURISDICTION: Jefferson County Development Center 19.FOR CORPS,COAST GUARD,AND DNR PERMITS,PROVIDE NAMES,ADDRESSES,AND TELEPHONE NUMBERS OF ADJOINING PROPERTY OWNERS,LESSEES,ETC., PLEASE NOTE: SHORED MANAGEMENT COMPLIANCE MAY REQUIRE ADDITIONAL NOTICE—CONSULT YOUR LOCAL GOVERNMENT. NAME ADDRESS PHONE NUMBER III LoG cvem tt. of page SECTION C-This section MUST be completed Aar any permit covered by this application ! 20.APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE INFORMATION CONTAINED IN THIS APPLICATION,AND THAT TO THE BEST OF MY KNOWLEDGE AM)BELIEF,SUCH INFORMATION IS TRUE,COMPLETE,AND ACCURATE. I FURTHER CERTIFY THAT I POSSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH THIS APPLICATION IS MADE,THE RIGHT TO ENTER THE ABOVE-DESCRIBED LOCATION TO INSPECT THE PROPOSED,1N-PROGRESS OR COMPLETED WORK I AGREE TO START WORK 01.Y.AFTER ALL NECESSARY PERMITS HAVE BEEN RECEIVED. E OF AUTHORIZED AGENT TE I HEREBY DESIGNATE TO ACT AS MY AG ENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT X SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS,E.G.DNR) - X Please see attached letter of�horization I IATE I THIS APPLICATION taw BE SIGNED BY ME APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED. ■ 18 U.S.0§1001 provides that Whoever,in any manner within the jurisdiction at any depatrnent or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry,shall be fined not more than 810,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp,flood plain,floodway,delta;type of beach, such as accretion, erosion, high bank,low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap;and extent and type of bulkheading, if any:) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential,that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that 0 the proposed use may be a conditional use,or,in the case of a variance,from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs,piease contact the appropriate agency in the instructions. G1 Em III # of P9e\ ° -- a • • 0 •1► ' Washington Shell Fish, Inc. 3824 41st St.Ct,NW Glg Harbor,WA 98335 'i 4 Ph: (253)853.7410/Tx: (253)858.8601 • The purpose of this letter Is to enter into a lease agreement between Doug McRae (owner)and Washington Shell Fish,Incorporated(WSF),represented by Douglas S. McRae.for parcel number 821.334.073 located In Jefferson County,Washington. This lease agreement shall be for a period of ten(10)years,commencing upon the signing and dating of this agreement.It la agreed upon by boll/of the above named parties,that this agreement will be automatically renewable for an additional ten (10) years,with WSF having the first right of refusal. WSF agrees to perform the following duties: it Maintain a comprehensive general form of Insurance covering liability, including, but not limited to, public UabWty, personal injury, and properly damage, In the amount of$1,000,000.00 per occurrence and $3,000,000.00 in the aggregate. 2) Planting of geoduck and manilla clams,as soon as brood stock Is available,then after harvest begins,on a rotating basis(replanting what was harvested)In the sub tidal area of the parcel(s). to exchange for the above mentioned duties: I) WSF shall have the exclusive rights to harvest and seed shellfish on said parcel. 2) WSF wW be responsible for abiding by all regulations concerning aqua culture imposed by the Washington State Department of Health and the State of Washington Department of Fisheries. • 3) WSF will manage the property so as to maintain a sustainable harvest. 4) Should the owners decide to sell the property during the duration of this lease, WSF shall have the first right of refusal. 3) Should said property, during the duration of this least, fall below the Department of Health parameters for productive farming,WSF can exercise a right to terminate this lease. Further,Washington Shell Fish,Inc.,or It's representative are authorised to obtain any permits, with regard to the above mentioned parcel(s), necessary for continuing deb'efforts In aquatic farming. Signed and dated this )(gift day of Cr tube r ,20rei_. 13CM Y1'1\r OsYi svrz Doug McRae Douglas S.McRae Owner Washington Shell Fish,Inc. State of Ll fl'Utinryttx� County of Pie rut- Signed or attested before me on I Wh(kt by nut.L.t fY1c)lru. ,,C.%"rfl itIL�.• { . (Signature) Title '+„;,,,.,w•`°�, My appointment expires-S. IL.Or7nG State of U`nsl-„n tnn • County of .6 ®� Signed or attested before me on IVl'Qr F by Ill`L�tt(CV; `t )\1(:I P •tee s.y - C (Signature) t _ _ r K v �;�� r.' Title 1 Washington Shell Fish, Inc. Parcel #821-334-073 Shoreline Exemption • Vicinity Map 8 iO4 $ S. R •' -01 S f I. •.,' 4 -.•l , (f:. BY i ,r 0,90) coN ;r iw,, � s 1 ii 111 .5Z1 z 4; -, _ , , � - '. 4 ! w ` , �; . b TAX (LESS S R/w) :'. 454 . Z ci 3 ... n: _, 5 - i f�.. :; & 717'',....) earto rip - .;. ..‘,,,, b 4 1 0 5 Li 4P S . r .1 '• - a 8` g ;. .P13- 4911.8, ", 1 or i....:.:, "P„).. . op < - i !� M�► ra ' I Q C'a • I.CO a , • V,0!! b. 8t Ch re) >-N61 I 1 H� 6 f c' , 1.98 Ch. 1 4,24 Ch. j E CV � �. I 0 + 7-0 o eM (SQUAMISH # o'� • HARf O?) 'Page 140r441 . JEFFERSON COON TY A 5_ Washington Shell Fish, Inc. Parcel #821-334-073 Shoreline Exemption • Plan View Tube Culture NV NV NV NV A ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ v V ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ '� A ♦ ♦ ♦ ♦ ♦ ♦ ♦ IK ♦ ♦ ♦ ♦ ♦ ♦ ♦ • A ♦ ♦ ♦ ♦ ♦ ♦ V Seed planting machine makes a 1-2" scratch in the surface, drops a seed 12- 18" apart, and gently covers the seed back up with sand. The area is then covered with protective netting and secured with stainless steel pins. Leo Washington Shell Fish, Inc. Parcel #821-334-073 Shoreline Exemption • Plan View Tube Culture NV NV NV NV ; O O 0 0 0 0 0 Ov IC 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 o NO 0 0 0 0 0 0 V O 0 0 0 0 0 OK O 0 0 0 0 0 0 • 0 0 0 0 0 0 0 " O 0 0 0 0 0 0 V 71IC 711C ,II PVC tubes planted 12-18 inches apart, covered with protective netting, secured with stainless steel pins. ?age _.1 STATE ENVIRONMENTAL POLICY ACT ENVIRONMENTAL CHECKLIST CASE # The State Environmental Policy Act (SEPA), RCW43.21C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal; reduce or avoid impacts from the proposal, if it can be done; and help the agency decide whether an EIS is required. PROPONENT: p,chirc r r, Sc-Ac ADDRESS: ;g;AL( Lll Sr C k N'tx) c■ NCB 1x>r S?) C� TELEPHONE: (home)(25 858 (business) (253 g5 F, (,O AUTHORIZED REPRESENTATIVE/CONTACT: P(1_t J c RO5Sa O r hok_k_c \ 111 C.A2)0 ADDRESS: SO,,-y\e' TELEPHONE: (home) PR vI UO Q (233)311-iot,( (business) bcLl c\C Q Q (225?)j 3 1- b6 '1 DIRECTIONS This checklist asks you to describe some basic information about your proposal. The questions apply to the entire proposal, including those phased over a period of time or on separate parcels of land. Answer each question accurately and completely to avoid unnecessary delays in processing this checklist. If you do not know an answer, write "unknown," or if a question does not apply, write "not applicable." Answers to some questions may require special expertise or technical assistance from qualified persons. The cost of obtaining such information is the responsibility of the proponent. Attach any additional information (reports, studies, maps, illustrations, leases, permits, etc.) that may further describe the proposal or be required by Jefferson County. Contact the Jefferson County Development Review Division for assistance in completing the checklist and for information on the administrative procedures for its processing. PLEASE PRINT IN INK OR TYPE EACH ANSWER. DO NOT WRITE IN THE AREA DESIGNATED "EVALUATION." PROPOSAL AND PROPERTY DESCRIPTION PROPOSED PROJECT DESCRIPTION (include all factors that will give an accurate understanding of its scope and purpose): :1. a •a 1111 ' '-• .� s '.�. , P • & d • I. % - Vf u rl_, • ► _ l t: t _ GC\ L ►! .': •t . \ ��. ��� st Z.. • ► t. • IS O. .• \ t s t. . !_ , & - • i ► . k W CJ Q L� 1 1D\a d X-1-0 L' 0")\`e-X S l b evoc- to E7 V I Q.S:‘t 1 c Cy21C S 0. \ K_ C Cc,)x:5 cLow-OX. 5 Ly._c.� cAtQ x # Page__l ___of Page 1 of 10 PROPERTY AND AREA DESCRIPTION: Address: N1\n.zi CA —1.∎ n MS Legal (from property tax statement): Lot: t Block: Subdivision: Tax Parcel: Quarter Sections: M Section: 3 Township: ,:95R N Range: 1 E. WM Tax Number: 2a 1 — 33 L4 - Land Area (dimensions): 4- 23 ('k—gi,nc. Describe the location, physical characteristics, and extent of land area to be affected: include all factors that will give an accurate understanding of the property and its environment: 1 SCHEDULE (beginning and ending dates of the proposal, including phases): (\5, -,nnn cm', e - o\1c4intA o ,rltrcc h().S\S OVERALL PLAN (describe future additions, expansions, or related activities or plans by others that may affect the proposal): t-)bT( REQUIRED APPROVALS (all local, state, and federal approvals required for the completion's of this proposal and if any approvals are pending that are related to the proposal): U■)CC t0 � � (14 .0, l rR rcS _% co A /�. 'l- lA -l- c Aslpcc-NR.� (-)C- c-1`4 114. IJ..)‘ 1A 1 ( t 0, ■( Fn, ran 9e ENVIRONMENTAL DATA (any existing or proposed environmental information such as studies or documents related to the proposal): 4 _ • ( _ .: • 'a •• It • i. . P at LOG IMIG1 Page_ of Page 2of10 ENVIRONMENTAL COMMENTS EARTH EVALUATION 1. Check the item that describes the site: Oflat Orolling Ohilly Osteep slopes Omountainous Oother: 2. What is the steepest slope on the site: Identify the approximate percent of the slope: 3. What general types of soils are found on the site (sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland: 4. Are there surface indications or a history of unstable soils in the immediate vicinity? If so, describe them: no 5. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Identify the source of the fill: Home 6. Could erosion occur as a result of clearing, construction, or use? If so,generallydescribe it: n 7. About what percent of the site would be covered with impervious surfaces after construction of the project (that is, asphalt or buildings)? • nOrmfU 8. Describe proposed measures to reduce or control erosion or other impacts to the earth, if any: �\s, Sek,a Hit r A_Q LI co,Y rY\ rift ; AIR EVALUATION 9. What types of emissions to the air, if any, would result from the proposal during construction and when the project is completed (dust, car odors, industrial wood smoke)? Generally describe and give approximate quantities, if known: `-)1S ?WQ. C\ .21/4-0s'ytQ 10. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe them: T-o LOS' ITEM Pa 9 e �� of 1 Page 3 of 10 T_iv AIR (continued) EVALUATION 11. Describe proposed measures to reduce or control emissions or other impacts to the air, if any: pk SQ ct ct c k o rt r nr■ WATER EVALUATION Surface Water 12. Is there any surface water body on or in the immediate vicinity of the site, including year-round or seasonal streams, salt waters, lakes, ponds, and wetlands? If yes, describe the type and provide names. If appropriate, state what stream or river it flows into: -4 \r1.. e) ,(0 C\:tc . n SaA 1- i Q.►- 13. Will the project require any work over, in, or adjacent to the described waters (within 200 feet)? If yes, describe the work and attach available plans: oL !i f. i c, Cot ic�\.rn 14. Estimate the amount of fill and dredge material that would be placed or removed from the surface waters or wetlands and indicate the area of the site that would be affected. Identify the source of the fill material: no OC'i 15. Will the proposal require surface water withdrawals or diversions? Give a general description and identify the purpose and approximate quantities, if known: r,p 16. Does the proposal lie within a 100-year flood plain? If so, note the location on the site plan: u,,n - of Or\ - ■ IO._ 17. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge: hp Ground Water EVALUATION 18. Will ground water be withdrawn or will water be discharged to groundwater? Give a general description and identify the purpose and approximate quantities, if known: no Page of Page 4 of 10 ANIMALS EVALUATION 27. Check any birds and animals that have been observed on or near the site or are known to be on or near the site: Birds: Ohawk Oheron Oeagle Osongbirds Oother: Mammals: Odeer Obear Oelk Obeaver Oother: Fish: Obass Osalmon Otrout Oherring g(shellfish Oother: 28. List any threatened or endangered species to be on or near the site: nIC� 29. Is the site part of a migration route? If so, how?_ v,r,c��Cv 30. Describe proposed measures to preserve or enhance wildlife, if any: OS 56 CL- .0,c3--\c—c\ v-vv∎ OCur ENERGY AND NATURAL RESOURCES EVALUATION 31. What kinds of energy (electric, natural gas, oil, wood stove, solar) would be used to meet .the completed project's energy needs? Describe whether it would be used far heating, manufacturing, etc.: X15 _SQ c\ ttc F.0 or, ti 1r\ n 32. Would the project affect the potential use of solar energy by adjacent properties? If so, generally describe the affect: r,c 33. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: \-)15 (;4,c : (2 t4(\C h 6 fn tc.tr n ENVIRONMENTAL HEALTH _ EVALUATION 34. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe the hazards: Os sy o i oxixa r c' n 35. Describe special emergency services that might be required: >IS 4,C ck n 36. Describe proposed measures to reduce or control environmental health hazards, if any:an Phv\ n v 1 cS� � r� L G ITEM Page of Page 6 of 10 Ground Water (continued) EVALUATION 19. Describe the waste material that would be discharged into the ground from septic tanks or other sources, if any (domestic sewage; industrial wastes and chemicals contained; agricultural wastes). Describe the general size of the system; the number of such systems; the number of houses to be served, if applicable, or the number of animals or humans the system(s) is expected to serve: n Water Run-Off EVALUATION (including storm water) 20. Describe the source of run-off, including storm water. Describe the method of collection and disposal, if any, including any known quantities. Where will this water flow? Will this water flow into other waters? If so, describe it: n c 21. Could waste materials enter ground or surface waters? If so, generally describe how: n Ia- 22. Describe proposed measures to reduce or control surface, ground, and run-off water impacts, if any: n a� PLANTS EVALUATION 23. Check the types of vegetation found on the site; Deciduous tree: Dalder °maple gspen bother: Evergreen tree: Ofir Ocedar Opine Dother: °Shrubs OGrass °Pasture °Crop/Grain Wet Soil Plants: °cattail Obuttercup °bulrush °skunk cabbage bother: Water Plants: Owater lily Deelgrass Dmilfoil °other: Other: 24. What kind and amount of vegetation would be removed or altered? )1'1e 25. List threatened or endangered species known to be on or near the site: ��l�t1CJ n 26. Describe the proposed landscaping, use of nature plants, or other measures to preserve or enhance vegetation on the site, if any: • L ITEM Page k4 Page 5 of 10 NOISE 37. What types of noise exist in the area that may affect your project (traffic, equipment, operation)? n cps 38. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (construction, traffic, operation)? Indicate what hours noise would come from this site: 5 s ee, a ac -Pn is v i n 39. Describe proposed measures to reduce or control noise impacts, if any: yks S Q Q 40,C C. T'rt.xrr ��n .t'1 LAND AND SHORELINE USE 40. What is the current use of the site and adjacent properties? u -ytx* stk., i s pub- n Fl.e, cxxi r Cad;. lA i x d • ?(0.9 .s viQ,Stetru k 41. Has the site been used for agriculture? If so, describe the use: nc� 42. Describe any structures on the site: iv-,rye 43. Will any structures be demolished? If so, what structures? no 44. What is.the current comprehensive plan or community development plan designation of the site? Identify the plan: k 45. If applicable, what is the current Shoreline Master Program designation of the site?ESU )A,L.A L - 46. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify the part: y1C 47. Approximately how many people would reside or work in the completed project? <,c 0.,-;(-)1v214) ■ — '-1 - 2i ? pQr) ' Q 48. Approximately how many people would the completed project displace? no 49. Describe proposed measures to avoid or reduce displacement impacts, if any: rjo. LOG ITEM hags of _) Page 7 of 10 LAND AND SHORELINE USE (continued) EVALUATION 50. Describe proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: HOUSING EVALUATION 51. Approximately how many units would be provided, if any? Indicate whether the housing is high, middle, or low income: n (c. 52. Approximately how many units, if any, would be eliminated? Indicate whether the housing is high, middle, or low income: n(o . • 53. Describe proposed measures to reduce or control housing impacts, if any: im I cam._ AESTHETICS EVALUATION 54. What is the tallest height of any proposed structure(s), not including antennas? What is the principal exterior building material(s) proposed? - 55. What views in the immediate vicinity would be altered or obstructed? C. Ce Amrti,5, `, ,,� r> X - \.)C) J( C! k L�Gl) � kls:, c, A 56. Describe proposed measures to reduce or control aesthetic impacts, if any: . _ °,- s. s_' - Qs- \\ Amck rti C• a l t LIGHT AND GLARE EVALUATION 57. What type of light or glare would the proposal produce? What time of the day would it mainly occur? -> , 58. Could light or glare from the finished project be a safety hazard or interfere with views? nom^ 59. What existing off-site sources of light or glare may affect your proposal? y--)(, r F , 60. Describe proposed measures to reduce or control light and glare impacts, if any: v-, rs_ RECREATION EVALUATION 61. What designate and informal recreational opportunities are in the immediate vicinity? c .. LO ITEM Page of Page 8 of 10 • RECREATION (continued) EVALUATION 62. Would the proposed project displace any existing recreational uses? If so, describe the displacement: n 0 63. Describe the proposed measures to reduce or control impacts on recreation, including recreational opportunities to be provided by the project or proponent, if any: n Ia_ HISTORICAL AND CULTURAL PRESERVATION EVALUATION 64. Are there any places or objects listed on or proposed for national, state, or local preservation registers known to be on or next to the site? If so, generally describe them: n 65. Generally describe any landmarks or evidence of historic, cultural, archaeological, or scientific importance known to be on or next to the site: n (cam 66. Describe proposed measures to reduce or control impacts, if any: rZ l 0— TRANSPORTATION EVALUATION 67. Identify public streets and highways serving the site and describe the proposed access to the existing street system. Show on the site plat. 68. Is the site currently served by public transit? If no, what is the approximate distance to the nearest transit stop? (lc) l,Ln\'.r x cn 69. How many parking spaces would the completed project have? How many would the project eliminate? rl o r € 70. Will the proposal require any new roads, streets, or improvements to existing roads or streets, not including driveways? If so, generally describe them, indicating whether they are public or private: 71. Will the project use water, rail, or air transportation, or occur in the immediate vicinity of these facilities? If so, generally describe the use: L® TENT Page q of Page 9 of 10 TRANSPORTATION (continued) EVALUATION 72. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur: , (-). 73. Describe proposed measures to reduce or control transportation impacts, if any: tT.IC�_ PUBLIC SERVICES EVALUATION 74. Would the project result in an increased need for public services (fire protection, police protection, health care, schools)? If so, generally describe the results: hi) 75. Describe proposed measures to reduce or control direct impacts on public services, if any: c UTILITIES EVALUATION 76. Check which utilities are currently available at the site: Dwater Delectricity Onatural gas Drefuse service Otelephone Oseptic system Osanitary sewer {\ I0. bother: 77. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity that might be needed: r ,rx ACKNOWLEDGMENT I acknowledge that all information provided in this checklist and all attached material is true and correct to the best of my knowledge. I understand the lead agency is relying on this information to make its decision. In addition, I understand that review under SEPA does not constitute approval or a proposal; compliance with local, state, and federal regulations applicable to the proposal shall constitute approval. (Check with appropriate agencies to determine what approvals are required.) SEPA approval is based on the information I have provided. If found inaccurate, approval could be withdrawn. By signing the application form, the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. Any material falsehood or any omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being null and void. I further agree to save, indemnify and hold harmless Jefferson County against all liabilities, judgments, court costs, reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and it's employees, representatives or agents for the purpose of application review and any required later inspections. Access and right of entry to the applicant's property or structure shall be requested and shall occur during regular business hours. :J (authorized signature) (date) FEE RECEIPT# CHECK# INITIALS.: DATE_______ h:\home\pincntr\infoping\sepa.doc 01/00 L G ITEM Page VO r.4 Page 10 of 10 a Appendix B: Individual Farm Management Plans Instruction to Growers: To build your own Individual Farm Plan, complete the General Management Principles Section, then select and complete the individual Checklists that correspond to the species you farm. Refer to the Conclusions and Objectives and Strategies tables under each section in the ECOP document above for examples of best management practices. Washington Shell Fish, Inc. 3824 41st St. Ct. NW Gig Harbor, WA 98335 (253) 858-6600 REC ivED OCT 2 3 2003 JECOSON COUNTY 000 vinge Farm Plan Checklists PACIFIC COAST SHELLFISH GROWERS ASSOCIATION Environmental Management System General Management Principles: In addition to the individual species cultivation checklists that follow, your Farm Management Plan should also include information on the following, as applicable: Interactions in Marine Environment: 1. What is your schedule and method for monitoring farmsite(s)to assess presence of other species? Attach list and include those periods of time when species are most likely to be present. In the summer months during low tides, we do beach inspections and surveys of planted stocks with substrate profiling. We examine the beach for signs of other species that might be present, specifically looking for predators and endangered species. During the winter months, we monitor by diving the areas and checking for signs of herring spawns or salmon runs, as well as check our netting and pipes. 2. Describe ways in which you promote and support protection of upland areas surrounding shellfish growing waters. Upon securing a lease in any area, we notify upland owners of our intent to farm in their area. Included in the notification is a brief explanation of our activities, steps that they can take to ensure pristine water quality, we also invite the adjoining property holders to participate in our aquatic farming efforts. We also work with the local schools and community centers offering educational instruction about aquatic farming, the habitat, environmental issues, a brief overview of the life cycle of geoduck, manila clam and oysters, culinary aspects, and general biological makeup. We are attaching a copy of our Educational Program. 3. If threatened or endangered species are present on your farmsite, show schedule of farming activities and describe efforts to avoid disruption to endangered or threatened species and their habitat. This would be site specific and species specific. If, for example, eelgrass patches are present,we always plant around the eelgrass, never in it. We leave a buffer between the eel grass and planting area. If a herring spawn or salmon run is occurring,we will postpone our activities until the spawn or run is complete. LOG.1� General Management Principles: 1. Have you compared applicable regulations and permit requirements to your farm activities to assure you are in compliance? In what ways do you exceed required standards? Provide a list of all applicable permits or lease conditions as an addendum to your farm plan. Washington State: Department of Fish & Wildlife—Aquatic Farm Registration Site Specific Farm Registration Cards Wholesale Fish Dealer License Department of Health— Shellfish Operation License and Certificate of Approval Harvest Site Certification County: Varies by County 2. Describe efforts to enhance functions and values of growing areas or involvement in efforts to promote environmental protection. Educational efforts at community activities,local schools, meeting with adjoining property owners. 3. If you sited new farms, what impacts did you consider to assure your impacts to the surrounding area are minimal? Endangered species, eel grass, aesthetics, predators. 4. Describe efforts to minimize waste and utilize recycling, re-use and recovery programs. Any equipment or material that can be reused is reused. When it becomes worn out,when possible,we recycle or dispose of it. 5. Describe plans in place to assure hazardous materials do not escape into the marine environment. Boats and equipment are routinely maintained to minimize the risks associated with break down or contaminants. Other than the normal contaminants associated with boats and equipment, no other hazardous materials are used. 6. How often do you patrol farmed and adjacent beaches to retrieve and properly dispose of waste? During planting season, active sites are checked sometimes daily, but routinely monthly. Once the netting is removed,we inspect the beds quarterly. We rely also P . _ \\ on our property holders to frequently check on their beaches, they call us immediately if there is a problem. 7. Describe efforts to minimize or re-use wastewater. N/A 8. Describe extent to which motorized vehicles are used on intertidal areas, and efforts made to minimize impact. N/A 9. When replacing machinery and vehicles, did you replace with energy efficient options? When available. 10. What training and materials do you have in place to clean up contaminated spills? Oil diapers are kept on all of our boats. 11. Have you installed, marked, and keep maintained structures placed in navigable waters so that hazards are minimized? N/A 12. List equipment you have on site and the maintenance schedule. No equipment is stored on site. 13. What efforts have you made to communicate with and address complaints from adjacent property owners and other users of the marine resources in and around your shellfish growing area? Prior to any activities,we notify adjacent property holders either by telephone or letter of our plans. If the area is located within or near a public recreational facility, we post signs describing the various dive flags, along with a sign about our clam farms. We work with the local schools teaching about the environment, farming, basic biology,etc. . . We also attend community fairs and activities educating the community of our farming efforts. 14. Describe practices in place to minimize odors, sounds, and the use of lights associated with farming operations that may impact adjacent landowners. Farming is done during daylight hours only. Depending upon the tides, occasional weekend work is necessary, still during daylight only. 15. Do you maintain farm site(s) in a clean and orderly manner that facilitates operation and safety and minimizes potentially negative aesthetic impacts? Yes. Boats and equipment are maintained to ensure aesthetics are not impacted, beaches are patrolled regularly to ensure any washed up pipe or netting is taken care of in a timely manner. 16. What mitigation values are provided by your farming operations, either directly or indirectly, in the ecosystem where operations are located? Fecal and algae counts are affected but not monitored. it o'( Page • Pest, Predator and Disease Control 1. Describe management plans in place to minimize the potential for disease and invasive species transfer. Seed is purchased only from licensed hatcheries and/or broodstock from within the growing areas. 2. Have you secured predator exclusion materials, such as netting, to ensure they it does not present a hazard to boaters or other users of marine and intertidal areas? We use stainless steel pins to secure our netting making it flush with the sand. 3. What methods do you employ to minimize amount and impacts of biofouling? N/A 4. Have you adopted an Integrated Pest Management Program? N/A 5. In controlling pests and predators, describe how you employ mitigation sequencing? N/A Hatchery and Nursery Operations: 1. Describe mechanisms in place to assure transferred animals are inspected for disease and pests. N/A 2. What management practices do you have in place to avoid or minimize the use of antibiotics in larval and algal cultures? N/A 3. What steps have been taken to outfit hatchery to avoid harming natural flora and fauna? N/A Secondary Nurseries: Seed Floats, Floating Upwell Systems (FLUPSI) 1. What is your schedule for inspecting seafloor under FLUPSYs to remove unnatural, non- biodegradable materials that have fallen from rafts and work areas? 2. Describe findings/clean-up measures taken. 3. Describe measure you have taken to mitigate or compensate for over-water platforms that could prevent light from penetrating to subtidal zone? 4. What measure have you put into place to prevent accidental injury to wildlife from moving parts such as paddlewheels? 01\ CLAMS Species of clams being cultivated: X Manila Littleneck Butter Other: Seed source: Wild seed—caught and transferred Natural set X Nursery seed Is the seed certified "High Health"? Who certifies it? Our seed is only purchased from licensed hatchery facilities. Do you inspect seed for disease and parasites? The licensed facilities have to meet requirements to be licensed. Describe steps you take to prepare beds for planting. Sites are inspected, surveyed, and checked for soil content and depth penetration to determine suitability. We also examine areas closely for endangered species. The area is then plotted for planting based on the information gathered. If substrate is enhanced describe with what and how spread: Not applicable What time(s) of the year to do you plant seed? Summer and early fall What culture method do you use: X_Bottom culture (seed sown directly on ground) Bags on ground Bags suspended on trays or racks Other: What culture equipment do you: Re-use? Netting, stainless steel pins Recycle? We reuse all of our equipment. Dispose of at upland facility? Worn out netting or stainless steel pins. What time(s) of the year do you harvest? All What harvesting method do you use? Hand harvest using a small rake and bucket. What types of predator control do you use? X_Netting Hazing � �' O Other Describe how predator nets have been installed to minimize possibility of escape: If using predator netting, is mesh size sufficiently small to avoid entrapment of other marine animals? Yes Is unused netting stored securely away from growing areas to prevent escape? X Yes No Explain: Unused netting is taken off site, dried,folded, and reused on other sites. How frequently do you inspect clam beds to assure materials are intact? Quarterly Monthly Weekly Daily _X_Other During planting season,active sites are checked sometimes daily, but routinely monthly. Once the netting is removed,we inspect the beds quarterly. We rely also on our property holders to frequently check on their beaches, they call us immediately if there is a problem. How often do you patrol your farm site to retrieve escaped materials? Annually Quarterly Monthly Weekly Daily X Other Please see above. What is your maintenance schedule for culture gear? Annual Quarterly Monthly X Other Prior to planting season, all gear is inspected and repaired or replaced. What is your maintenance schedule for waste disposal? Annual Quarterly Monthly �'�°\1‘ _X_Other This would be site specific. Active sites are examined regularly, other sites are examined quarterly. What is your maintenance schedule for boats/engines? Annual Quarterly X Monthly Other What is your maintenance schedule for trucks/land transportation? Annual Quarterly X Monthly Other Have Threatened or Endangered species been identified on your farm site? If so, identify those operations which may adversely impact these species: Eel grass in patches. What measures are in place to avoid or minimize disruptions to the species or the habitat? We routinely plant/harvest around the eel grass patches,never in them. Describe any positive effects your activities or farm site provides to species: • We have seen what appears to be an increase in the size of the eel grass beds around the areas we plant; • Public education and awareness; • Opportunity for a hands on experience; After harvest, describe steps taken to process clams for market: Manila's are purged for 24 hours,washed in fresh water, boxed with gel ice and shipped direct to customers. Describe steps taken to minimize waste and utilize recycling, re-use and recovery programs: Nets and other equipment are checked and maintained routinely to prolong usage. • GEODUCKS Seed Source: X Wild harvest X Nursery seed What geographic region is seed from? Site specific and/or hatchery Is the seed certified "High Health"? Who certifies it? We routinely purchase our seed from licensed hatcheries. Do you inspect seed for disease or parasites? Describe steps you take to prepare beds for planting: Sites are inspected, surveyed, and checked for soil content and depth penetration to determine suitability. We also examine areas closely for endangered species. The area is then plotted for planting based on the information gathered. If substrate is enhanced, describe with what and how distributed: Not applicable. What time(s) of year do you plant seed? Year round Describe planting methods used: PVC Tubes with predator netting and Planting Machine. What culture equipment do you: Re-use? PVC tubes, netting, stainless steel pins Recycle? Dispose of at upland facility?Wornout netting,tubes,stainless steel pins What time(s) of the year do you harvest? Do you harvest at: X Low tide X High tide Do you time harvest activities so that sedimentation and turbidity is minimized? X Yes No Explain: Both subtidal and intertidal What types of predator control do you use? X Netting Hazing X Other PVC tubes and Planting Machine If using predator netting, describe how it is installed to minimize possibility of escape: • Is the mesh size of your predator netting sufficiently small to avoid entrapment of other marine animals? Yes Is unused netting stored securely away from growing areas to prevent escape? X Yes No Explain: Unused netting is taken off site, dried,folded, and reused on other sites. How frequently do you inspect geoduck beds to assure materials are intact? Quarterly Monthly Weekly Daily _X_Other During planting season,active sites are checked on sometimes daily,but routinely monthly. Once the netting is removed,we inspect the beds quarterly. We rely also on our property holders to frequently check on their beaches, they call us immediately if there is a problem. How often do you patrol your farm site to retrieve escaped materials? Annually Quarterly Monthly Weekly Daily X Other Please see above. What is your maintenance schedule for culture gear? Annual Quarterly Monthly X Other Prior to planting season, all gear is inspected and repaired or replaced. What is your maintenance schedule for waste disposal? Annual Quarterly Monthly _X_Other This would be site specific. Active sites are examined regularly, other sites are examined quarterly. What is your maintenance schedule for boats/engines? Annual )(Quarterly Monthly Other What is your maintenance schedule for trucks/land transportation? Annual X_Quarterly � O� Monthly Other Have Threatened or Endangered species been identified on your farm site? If so, identify those operations which may adversely impact these species: Eel grass in patches. What measure are in place to avoid or minimize disruptions to the species or the habitat? We routinely plant/harvest around the eel grass patches, never in them. Describe any positive effects your activities or farmsite provide to species: • We have seen what appears to be an increase in the size of the eel grass beds around the areas we plant; • Public education and awareness; • Opportunity for a hands on experience; After harvest, describe steps taken to process geoducks for market: Geoducks are maintained according to the Department of Health Time/Temperature Matrix. Upon harvest, they are kept covered with a tarp to avoid direct sunlight and contamination from external sources. Geoducks are then transported in Health Department approved vehicles for boxing. Geoducks are then boxed with gel ice and shipped to customers. Describe steps taken to minimize waste and utilize recycling, re-use and recovery programs: Nets and other equipment are checked and maintained routinely to prolong usage. LOG 11-E141 # � f r 7 ` ( }5 Point No Point Treaty Council .6s= Port Gamble S Klallam • Lower Elwha Klallam • Jamestown S'Klallam `F1 'YFT1 JaVI22a4 January 21, 2004 JEFFERSON COUNTY QCa CERTIFIED MAIL Derick S. McCrae Washington Shell Fish Inc. 3824 41st St Ct. NW Gig Harbor,WA 98335 RE: Requirements for Shellfish Harvests in Tribal Fishing Areas Dear Mr. McCrae: Jefferson County has recently informed the Tribes of your intent to harvest and re-seed Geoduck within Tribal fishing areas. The Tribes have a pre-existing right secured by Treaty with the United States that assures them the opportunity to catch 50% of the harvestable shellfish and fish within our fishing areas. According to your recent passive aquaculture permit application request, at least two of your potential sites, Quilcene Bay and Squamish Harbor, are within those areas. There is a concern that the affected Tribes did not receive notice of your intent to harvest, as is required by the Revised Shellfish Implementation Plan' adopted and recently revised by the parties on April 8, 2002. In addition, it appears from our records that Washington Shell Fish Inc. has already harvested in other Tribal fishing areas without the required notice, and without giving the Tribes the opportunity to harvest their 50% share. As you must understand, this is not an acceptable course of action. The requirements for notice are outlined in the Revised Shellfish Implementation Plan. There is no question that the Plan's requirements control here. It was adopted by the Federal Court and explicitly recognizes the right of Tribes to fish in their usual fishing areas, and calls for cooperative management of the resource. Failure to give a Tribe their rightful share, and notice of your intent to harvest, is a violation of this purpose of cooperation. In addition, Section 2.5 of the plan states"each tribe may take, 1 United States v.Washington, 898 F. Supp. 1453, 1463 (Orders and Adopts the Shellfish Implementation Plan). LO ITEM # 1 7999 N.E. Salish Lane • Kingston, Washington 98346 1 • Pon ( 13 60) 242 • FAX (360) 297-3413 from natural beds, up to 50% of the sustainable harvest biomass." Even when incalculable, the harvestable amount is to be determined by the best fishery management practices available. There is no allowance in this plan for one side to take 100% of the harvestable resource in a natural bed without giving the other a chance to harvest as well. These acts are clear violations of the Plan and Court Order. In addition, for those areas you intend to harvest and then re-seed, Washington Shell Fish Inc. is required to follow the notification procedures outlined in 6.3 of the Plan. You have indicated to Jefferson County that you do intend to re-seed. As of this date, January 20, 2004, you have failed to give the affected Tribes direct notice of this intent. This notice should include at a minimum: the location and species of the intended harvest, the results of any surveys, accounts of past harvest activities, allowing for Tribal inspection, and the opportunity to harvest the Tribal 50% share. We will appreciate a quick response to our stated concerns, and request that you comply with the Implementation Plan Requirements. If you believe that you are not required to comply,please explain your reasons as soon as possible. In the interim, we need to know immediately when you intend to begin harvesting. We expect that you will contact us prior to taking any more steps in violation of the plan, and if not, we will be forced to take further action. This is something that we hope can be avoided. Sincerely, ff Randy Harder, Executive Director PNPTC cc: Phil Katzen Kevin Russell, Jefferson County Department of Community Development Randy Hatch, PNPTC Brian Collins, Skokomish Tribe Sharon Purser, Port Gamble Tribe Doug Morrill, Lower Elwha Tribe Scott Chitwood, Jamestown Tribe Page 2 r' t )DDPoint No Point Treaty Council Port Gamble S Klallam • Lower Elwha Klallam Jamestown S'Klallam February 13,2004 Mr.Douglas McRae Washington Shell Fish,Inc. 3824 41St Street Court Northwest Gig Harbor,WA 98335 Dear Mr.McRae: Thank you for your letter of January 29, 2004, acknowledging receipt of our correspondence. We are happy to include with this letter a copy of the Revised Shellfish Implementation Plan adopted by the Federal Court. As we stated previously, Section 6.3 of that Plan outlines the responsibilities of shellfish growers planning to create an artificial shellfish bed or to enhance an existing natural shellfish bed. If you intend to pursue your stated plans to harvest and reseed shellfish beds in Jefferson County or any other county where Tribal rights are involved,we trust that you will adhere to the notification requirements of this Section. It is necessary that 60 days prior to beginning your proposed project, you give notice to the affected Tribes of your intention to enhance or create an artificial bed. It needs to be clear that filing an application to Jefferson County for a permit does not fulfill the notice requirement. The notice includes providing the affected Tribes information on the location and species of the proposed bed, and a summary of known information regarding the history of harvest. (For the full text of the requirements, refer to §6.3 in the attached Implementation Plan). Please be aware that we do not wish to hinder your success but want to be absolutely clear about our expectations in this matter. This expectation is to receive the above stated notice and information 60 days before your project begins. Sincerely, Randy Harder Executive Director,PNPTC Cc: PNPTC Fishery Managers Brian Collins,Skokomish Tribe Kevin Russell,Jefferson County D.C.D. Phil Katzen LOG ITEM Page } of 7999 N.E. Salish Lane • Kingston,Washington 98346 • Kingston (360) 297-3422 • FAX (360) 297-3413 USDC - Western District of Washington 04/09/02 12: 52 Page 2 of 28 #2523451= - .ar-._r-�.. — 1 HONORABLE EDWARD RAFEEDIE 2 fltED MAIL -.REM 3 APR 16 2002 .......FILED -ENTERED 4 -_,.-LODGED ....._RECEIVED A S T COUFS Ea Di 0 8 2002 5 iii' DEEM AT I IMTIE 6 WESTERN DISTRICT OF WAS IM TOPI BY DEEMUIY 7 �l'�G� 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 UNITED STATES OF AMERICA,et al., Case No.: C70-9213 11 Plamtiffs, Subproceeding No 89-3(Shellfish) 12 vs. STIPULATION AND ORDER AMENDING 13 SHELLFISH IMPLEMENTATION PLAN STATE OF WASHINGTON,et al., 14 Defendants 15 16 In an amended opinion filed September 25, 1998,at 157 F.3d 630,the Ninth Circuit Court of 17 Appeals remanded three issues to the District Court for further proceedings: (1)determination of the 18 minimum density of shellfish necessary to establish the existence of a natural bed,(2)the manner of 19 implementing the Tribes' allocation of shellfish from Growers'beds,and(3)the manner of resolvmg 20 disputes to be included in the Shellfish Implementation Plan,(the"Plan"), 898 F Supp. 1453, 1463 et 21 seq. 22 To address issues(1)and(2),the Tribes,the Growers,and the State of Washington have 23 stipulated to revisions of sections six and eight of the Plan. The Tribes and the Growers therefore i 1` 24 LOG ITEM /k) 25 STIPULATION AND ORDER AMENDING Page Ka113i&Katzeri,PLLC SHELLFISH IMPLEMENTATION PLAN - 1 _ 720 Third Avenue,Suite 1500 Seattle,WA 98104 206-344-8100 WSBA#783S 11SDC_-` Western District of Washington 04/08/02 i2: 52 Page 3 of 28 #21234,50= a 1 withdraw their competing proposals to revise the Plan that were filed on or about March 11,2002. To 2 address issue(3),all parties have stipulated to revisions of section 9 of the Plan. 3 In addition,the parties have stipulated to minor wording changes in other sections of the Plan to 4 conform the language of the Plan to be consistent with the revisions to section 9 5 For the convenience of the Court and the parties,Attachment A to this Stipulation and Order is a 6 complete restatement of the Plan,including all revisions stipulated to by the parties. 7 STIPULATION 8 1. Plaintiff Indian Tribes,Puget Sound Shellfish Growers,and the State of Washington,stipulate 9 that the revisions to sections six and eight of the Shellfish Implementation Plan,as mcorporated into the 10 restatement of those sections m Attachment A,resolve issues(1)and(2)remanded from the Ninth 11 Circuit Court of Appeals, as described above,such that Attachment A should be entered as an Order of 12 the Court amending the Shellfish Implementation Plan found at 898 F.Supp. 1453, 1463 et seq. 13 2. All parties stipulate that the revision of section 9,as incorporated into the restatement of that 14 section in Attachment A,resolves issue(3)remanded from the Ninth Circuit Court of Appeals,as 15 described above,such that Attachment A should be entered as an Order of the Court amending the 16 Shellfish Implementation Plan found at 898 P.Supp 1453, 1463 et seq 17 18 19 20 21 22 »1\� 24 * P✓.f Qec 25 STIPULATION AND ORDER AMENDING Kanji&Kamen,PLLC SHELLFISH IMPLEMENTATION PLAN -2 720 Third Avenue,Suite 1500 Seattle,WA 98104 . 206-344-8100 WSBA#7835 LUSUC - Western District of Washington 04/09/02 12: 52 Page 4 of 28 #21234513_ . • Apr-08-02 101211am From-US DISTRICT CT +21361431121 T-158 P 02/02 F-O71 • 1 ORDER 2 IT IS HEREBY ORDERED: • 3 The Shellfish Implementation Plan,898 F.Supp. 1453, 1463 et seg.,is hereby amended to read as 4 stated in Attachment A to this Stipulation and Order. b DONE this day of_ /l.e.. -.2002. s Honorable Edward Rafeedie 10 United States District Jud 11 Presented by: 12 13 THE UNITED STATES OF AMERICA.Plaintiff • 14 is By: rl . t ►ri 2. • ‘' i:tr.) • - C.Monson id Assistant Chief,Indian Resources Section United States Department of Iltstiee 17 PLAINTIFF-INTERVENOR TRIBES is .20 p "ip E, ,,VPSBA 0,283 ,Coordinating Counsel Kenji&3Catzen,MIX 21 a ason D.Monsset,WSBA#273,C. tang Counsel 24 Mcrisset Schlosser Ayer et al. 25 STIPULATION AND ORDER AMENDING Kant la Kamen,PLLC SHELLFISH IMPLEMENTATION PLAN -3 720 Third Avenue,Soto 1500 Suds,WA 98104 ® ! 206-3444100 way if"Ole gage 11SOC - Western District of Washington 04/09/02 12: 52 Page 5 of 28 $2123458= I c 1 2 THE STATE OF WASHINGTON,Defendant 3 4 By. p4.744,.. Y Gi/A_ Ci„Irlr o) Matthew A.Love,WSBA#25281 5 Assistant Attorney General 6 Washington Attorney General's Office 7 PUGET SOUND SHELLFISH GROWERS,Defendant-Intervenors 8 M 9 By' Ll� '�Jtdl �`17. ►t� Qit aYi i v') Michael Hums WSBA#19423 10 Perkins Cole I1 ALEXANDER,et al.,Defendant-Intervenors 12 13 14 J 1 15 Howard Goodfnend,WSBA#14355 Edwards,Sieh,Smith&Goodfnend 16 17 ADKINS,et a1.,Defendant-Intervenors 18 19 By° f4IJ ..L b0 Eric Richter,WSBA#6978 Henke&Richter 21 22 23 24 it nk°e® 25 STIPULATION AND ORDER AMENDING Kanji&Katzen,PLLC SHELLFISH IMPLEMENTATION PLAN -4 720 Third Avenue,Suite 1500 Seattle,WA 98104 206-344-8100 WSBA#7835 USDC - Western District of Washington 04/09/02 12: 52 Page 6 of 28 #2123458_ ATTACHMENT A TO STIPULATION AND ORDER AMENDING SHELLFISH IMPLEMENTATION PLAN REVISED SHELLFISH IMPLEMENTATION PLAN 1. INTRODUCTION 1.1 Objectives of Plan. The primary objective of this Implementation Plan is to provide a framework,principles, and course of action for effective cooperative management of the shellfish resources subject to Treaty harvest under the Court's decision of December 20, 1994. In effectuating the rights of the Tribes to take shellfish under the Treaties,this Order also recognizes the State's responsibilities for conservation of public shellfish resources,subject to the Treaty right to take fish at usual and accustomed places. 1.2 Goals and Procedures. The Implementation Plan calls for interim and then long term management plans.The management plans are to provide both Treaty and non-Treaty shellffishers,subject to their respective regulatory authorities,the opportunity to harvest their respective shares in an orderly manner,consistent with resource protection.The Plan also provides specific procedures for tribal and non-tribal harvest on State and private lands and waters.To the extent specific procedures in section 6(applicable to commercial Shellfish Growers)and 7(applicable to Private Property Owners)conflict with general provisions of the Plan,the relevant specific provisions apply to the Growers and Owners,respectively. 1.3 Application of Law. All provisions of this Plan and all management plans that are developed from it must comply with the Court's Decem be r 2 0, 199 4 dec ision.No part of this plan is intended to repeal any prior decision in United States v Washington. 14 Requirement of Coordination Among Tribes. The Tribes will be responsible for coordination with all affected Tribes in the development of management plans or compliance with the interim plan,below.This requirement,however,shall not relieve any party of the obligation to give any notice required herein to any affected party. 1.5 Tribes Bound. The Tribes bound by this implementation plan are. Lummi,Nooksack,Upper Skagit, Swinomish,Tulalip,Muckleshoot,Suquamish,Puyallup,Nisqually, Squaxin Island,Skokomish, Port Gamble S'Klallam,Jamestown S'Klallam,Lower Elwha S'Klallarn,Makah,Hoh, Stillaguamish,Sauk Sutattle and Quileute.Other Tribes may become signatories to this Plan by the agreement of all parties to the Plan or by order of the Court 1.6 Shellfish Sanitation Consent Decree. The Consent Decree Regarding Shellfish Sanitation Issues,entered by the Court on May 4, 1994,specifies those public health requirements to be applied to Treaty shellfishing activities and establishes an intergovernmental,cooperative system for monitoring,enforcement,and dispute resolution.This Implementation Plan,along with all management plans and agreements reached pursuant to it,shall be developed,applied and interpreted in a manner consistent with that Consent Decree 1.7 Status of Headings. The headings in this Implementation Plan are for the convenience of the reader and are not intended to change the substance of the Plan. LOG ITEM ATTACHMENT A: 1 c REVISED SHELLFISH IMPLEMENTATION PLAN Page of LJSDC - Western District of Washington 04/09/02 12: 52 Page 7 of 28 #212345E1 2. PRINCIPLES OF SHARING THE SHELLFISH RESOURCE. 2.1 Effective Date of Allocation;Mandating Equitable Adjustments. The effective date of this Implementation Plan for purposes of calculating allocation of shellfish between tribal and nontribal harvest shall be the date of this Order,unless otherwise agreed between the State and Tribes. With respect to shellfish on the Growers'and Owners' property,the allocation between tribal and non-tribal harvest shall commence on the date a Tribe gives notice pursuant to Plan sections 6.1 and 7.1,respectively. 2.2 Cooperative Management. Where data is not available to determine the total allowable harvest for purposes of allocation between the Tribes and State,the Tribes and State shall develop a cooperative approach to management with the goal of maximizing harvest and equalizing allocation, consistent with conservation of the resource.This shall apply for both interim and permanent management plans and agreements. 2.3 Sustainable Harvest Biomass. "Sustainable harvest biomass"means the approximate portion of a shellfish resource that can be harvested from a shellfish population on an annual basis in perpetuity. It is analogous to the"sustained yield"or"harvestable surplus"that biologists,usmg sound and accepted management methods,determine can be harvested from a shellfish bed,or mobile shellfish population,while preserving the ability of the remaining shellfish population to maintain annual production of the sustainable harvest biomass in perpetuity For certain species,such as crab and shrimp,the sustamable harvest biomass may be achieved by agreed restrictions on the size or sex taken,and/or quantity or location by limiting the type of gear used for the fishery,ensuring that a portion of the biomass remains unharvested.42 2.4 Management Objectives. "Management Objectives"means the objectives of each party to meet their respective goals using their share of the harvestable surplus of the resource and the biological goals for the continued long term health of the resource. 2 5 Sharing Provisions. Each Tribe may take,from natural beds,up to fifty percent of the sustainable harvest biomass of any shellfish species within the usual and accustomed areas for that Tribe.The sharing shall be achieved by coordinated management plans Such sharing shall be subject to the following provisions: a. Sharing Sustainable Harvest Biomass.The sustainable harvest biomass of a shellfish bed or shellfish resource subject to the Treaty right shall be determined on an annualized basis or other agreed periodic basis.The sharing of shellfish shall take into account all commercial and non-commercial harvests from the sustainable biomass of shellfish.For 22 This definition corresponds with the relief provided for tribal harvest of anadromous fish: the court defined the harvestable number of fish in terms of that amount that would not impair the amount of fish needed to maintain the run at existing levels.See generally Washington I,384 F.Supp.at 405-407,409,417. This definition,however,is intended to apply to the order sharing shellfish harvests,not to change existing standards regardmg the limited application of state laws to treaty Indians exercising treaty fishing rights. LOG ITEM ATTACHMENT A: 2 # J REVISED IMPLEMENTATION PLAN Page " Of 11SDC - Western District of Washington 04/09/02 12: 52 Page 8 of 28 4t212345©= t ' intertidal areas,the sustainable harvest biomass shall be shared on a bed by bed basis,or on other established boundaries of a pubhc land parcel for sharing the shellfish.Where the sustainable harvest biomass cannot be calculated for a species or area,the harvestable amount to be shared shall be determined using the best fishery management mformation and practices that ensure conservation and maintain production of shellfish in the area harvested. b. Adjusting Imbalances.Unless otherwise agreed,all management plans adopted pursuant to this Implementation Plan shall include provisions for addressing imbalances in harvest where a party was not afforded the opportunity to attain its share The means for addressing imbalances may vary depending upon the species,the management techmques used for specific fisheries,and management imprecisions. c. Independent Management Discretion The State and affected Tribe(s)shall have discretion to decide their respective management objectives for the harvest of their respective shares,whether commercial,recreational,ceremonial,or subsistence use. d. Overlapping Usual And Accustomed Areas.Where two or more Tribes have overlapping usual and accustomed areas,then the combination of tribal harvesting shall not exceed fifty percent of the sustainable harvest biomass,leaving at least fifty percent of the sustainable harvest biomass for non-Indian management. e. Intertribal Allocation.Allocating the tribal share among affected Tnbes shall be determined by the affected Tnbes,with the intertribal agreement as appropriate provided to the State.Lack of an intertribal sharing agreement shall not entitle a combination of Tribes to take more than fifty percent of the sustamable harvest biomass of shellfish in a given area. f. Equal Opportunity.In sharing the opportunity for harvest of a shellfish resource, the State and Tribe may also consider the time of fishing,quality of the shellfish,ease of harvesting,and catch per unit effort for the shellfish involved to ensure that there is equal sharing of the harvest opportunity. g Polluted Shellfish And Shellfish Not Available.In allocating the sustainable harvest biomass between the State and affected Tribe(s),shellfish beds that are not presently harvestable due to pollution,development,or other physical causes shall not be counted in the biomass of shellfish beds which can be harvested.This shall not prevent a relay harvest of polluted shellfish in accordance with the Consent Decree Regarding Shellfish Sanitation Issues. Any such relay harvest from a polluted shellfish bed shall be accounted for and allocated separately from sharing of shellfish beds that are approved under Consent Decree. h Planted Oyster Beds.Oysters planted on public lands,such as on certain State Parks,that would not exist but for the State having planted those oysters are not subject to a tribal share.The Treaties did not reserve any right to such artificial oyster beds. i. Beds Staked And Cultivated To the extent that any shellfish bed on public land is within the definition of"any beds staked or cultivated by citizens" m the Court's relief applicable 23 Where a shellfish bed straddles publicly and privately owned land,the provisions of this section apply to the shellfish on public land only. 24 For purposes of this Implementation Plan, "public land(s)"means any land owned by the State,or any of its subdivisions or agencies,unless such land is besr'tEsMiellfish Grower. I ATTACHMENT A. 3 REVISED SHELLFISH page Uf IMPLEMENTATION PLAN USDC - Western District of Washington 04/09/02 12: 52 Page 9 of 28 #2123450= • • to commercial Shellfish Growers,then such shellfish beds on public lands are not subject to tribal sharing. Further,the provisions of section 6.3,related to the creation of new artificial beds,are applicable if the State proposes to create any new artificial beds on public land. 3. LONG-TERM AND INTERIM MANAGEMENT PLANS FOR THE SHARING OF SHELLFISH RESOURCES ON PUBLIC LANDS OR IN PUBLIC WATERS. 3 1 Management Plans. Ultimately,tribal and non-tribal harvests of shellfish on public lands and from public waters will take place pursuant to management plans.26 Those management plans will be developed between the Tribes and State on a government-to-government basis Once agreed b the parties to the plan,each such management plan shall be effective without further approval of of Court and shall have the same force and effect as this Order. 3.2 Harvests Included. All tribal harvests of shellfish by Tribes participating in this Implementation Plan,and all non-tribal harvests in areas included within the collective usual and accustomed grounds and stations of the Tribes participating in this Implementation Plan,will be subject to management plans adopted pursuant to this Implementation Plan 3.3 Interim Plan Needed. Because development of management plans is a long term process,an interim plan is needed to govern all shellfishenes pending adoption of permanent plans. 4. INTERIM PLAN FOR STATE AND TRIBAL HARVEST OF SHELLFISH ON PUBLIC LANDS OR FROM PUBLIC WATERS. 4.1 Scope of Interim Plan. This interim plan shall govern shellfisheries from the date of entry of this Order until permanent or long term management plans are adopted for particular species of shellfish.The interim plan sets out procedures all persons and parties covered by this Implementation Plan shall follow until permanent or long term management plans are adopted. 4.2 Closure of Commercial Shellfisheries. The State and Tribes shall close all commercial shellfisheries and prohibit the commercial landing of all shellfish on public lands or from public waters,within thirty days after 25 The relief provided in the above section applies to all shellfish species located on or in all public owned lands,(such as clams,oysters,geoduck clams,and mussels that are embedded in or attached to public owned lands),and to all mobile shellfish species that live in the waters of the State,(such as crab,shrimp,sea cucumber,sea urchin,squid,octopus,and others) Separate provisions of the Implementation Plan define the State's role in tribal harvest of shellfish on private tidelands,or commercial Shellfish Grower lands. 26 As indicated in§7,such interim and long-term management plans shall also contain provisions specifically applicable to harvest from non-commercial,privately owned tidelands. 27 To the extent the parties have already entered interim agreements,those agreements have the same status as future management plans or agreements under this Plan. AnACIBEITLAI REVISED SHELLFISH 4 LOG ;r�G IMPLEMENTATION PLAN - - 11SDC - Western District of Washington 04/09/02 12: 52 Page 10 of 28 #2123450= M ; entry of this Order,except where a signed interim agreement between the State and all affected Tribes is m place regarding a specific commercial shellfishery. 4 3 Adjusting Non-commercial Fisheries. After entry of this Order,the State shall adjust non-commercial shellfisheries within forty-five days after any Tribe makes a written request to the Washington Department of Fish and Wildlife(WDFW)to do so,if necessary to ensure that no more than fifty percent of the harvestable amount will be taken by tribal or non-tribal fisheries,mcluding commercial and non- commercial combined.A dispute over the necessity or extent of the adjustment to be made shall be subject to the dispute resolution procedure of sections 4.7 and 4 8. 4.4 Shellfish Beds With Inadequate Data. For beaches where data is not available for determining the sustainable harvest biomass and allocation between the State and all affected Tribes,the affected Tribes and the State will: a. manage the beach to allow for affected Tribes to take up to fifty percent of the jointly estimated shellfish harvest opportunity until more specific data is available. b. jointly identify shellfish beds needmg a survey and develop a prioritized list and time line to complete surveys and provide for more accurate management and sharing on these beaches,within efficient biological management. 4.5 Opening A Fishery By Agreement. Where no mtenm agreement is in place thirty days after the entry of this Order,a shellfishery closed or adjusted pursuant to section 42 or 4.3 may only be opened or enlarged after compliance with the procedures in section 4.6.Shellfisheries may proceed at any time, however,if agreement is reached between the State and all affected Tribes,notwithstanding the procedures otherwise applicable under this section. 4.6 Opening A Fishery Without Agreement. Where the State or a Tribe desires to open or enlarge a shellfishery that has been closed or adjusted pursuant to section 4.2 or 4.3,it shall comply with the following procedure(unless an mtenm agreement is in place): a. Before proceeding,the State and all affected Tribes shall confer at least one time in an effort to reach agreement regarding the proposed fishery. b. Failing agreement,the party(Tribe(s)or State)proposmg to open the fishery shall provide to the other party a proposed regulation for the fishery,m writing,at least fourteen days before the fishery is scheduled to begin.The party proposing the harvest shall be able to provide a sound fisheries management basis for a determination that a harvestable surplus exists and that a fishery can be operated that will not interfere with the sharing principles ordered by this Court However,this is not intended to shift the burdens,described below,associated with contesting a fishery.The regulation(or other documents provided with the regulation)shall contain,at a minimum,the following information: (1)The dates and hours the fishery will be open; (2)The catch area(s)open for harvest; (3)The type of fishery to be opened(commercial or non-commercial); (4)The species to be taken,including an estimate of or upper limit on the amount to be taken and the basis of the estimate; (5)The estimated effort; (6)The gear to be allowed, (7)Provisions for record keeping and harvest reporting,mcluding g I schedule to ensure a timely exchange of information;and LO inn7 ENI ATTACHMENT A; 5 # REVISED SHELLFISH IMPLEMENTATION PLAN ISDC - Western District of Washington 04/09/02 12: 52 Page 11 of 28 #2123450- (8)Any other information necessary for a specific fishery(such as,for example, daily limits for non-commercial fisheries) In addition,information regarding enforcement and monitoring plans for the fishery shall be available to the State or Tribes upon request. 4.7 Contesting State or Tribal Regulations and Dispute Resolution. A Tribe or the State may object to a proposed regulation. The party objecting must state the objection in writing and serve it on the entity proposing the fishery not more than ten days after receipt of the regulation,and at least three worlung days before the fishery is scheduled to begin.The objection must be based on a well-founded assertion that the proposed regulation would result in: (1)an overharvest on an allocation or conservation basis in violation of the standards set by the Court in United States v Washington,or other conservation standards agreed to by the State and affected Tnbes;or (2)otherwise violate this Implementation Plan or other applicable orders of the Court. The objection must state the reasons for the objection,the data on winch it is based,and any other pertinent information available to the objecting party. 4 8 Dispute Resolution During Interim Plan. No contested fishery shall begin unless a decision is rendered through the dispute resolution procedures of section 9 to allow the fishery.To the extent necessary,the Magistrate Judge (or Technical Advisor,if applicable,as provided for by§9.1.2)may order the State or affected Tribe to comply with the allocation and sharing principles described by this order In addition,the following rules shall apply: a.The objecting party shall arrange for a hearing to be held before the Magistrate Judge (or Technical Advisor,if applicable) no more than ten working days from the date of service of the objection(see Dispute Resolution,section 9). b. The Magistrate Judge (or Technical Advisor,if applicable)shall render a decision no more than ten working days after the conclusion of the hearing.No fishery shall open until a decision is rendered by the Magistrate Judge (or Technical Advisor,if applicable). c.Where an emergency exists,(for example,where the proponent's opportunity to fish may be lost by delay),the Magistrate Judge(or Technical Advisor,if applicable) may change the above time limits if the party requesting a change in the time limits has acted in a diligent and timely manner. 4.9 Obligation to Adjust Catch and Comply With Sharing Order. Where there is a shellfish harvest without agreement,the State or affected Tnbe(s)shall either comply with this section as needed,or contest the regulation as provided above.When a Tribe authorizes the harvest of shellfish without agreement,then the State shall reduce or adjust State regulated harvests as necessary to allow for the proposed tribal harvest. State regulated harvests shall not take a tribal share of shellfish as defined by the sharing principles,above. Tribal or State fisheries opened under this subsection shall not exceed the tribal or State share authorized by this Court and shall be adjusted by the Magistrate Judge(or Technical Advisor,if applicable) ,if necessary,to comply with and not exceed the tribal or State share. 4.10 Tribal Ceremonial Shellfish Harvests. Notwithstanding the provisions of section 4.2 through 4.9,a Tribe may open a fishery for unanticipated ceremonial purposes by emergency regulation for a specific time period and for a specific allowable harvest amount. S. DEVELOPMENT OF PERMANENT PLANS TO GOVERN STATE AND TRIBAL HARVESTS OF SHELLFISH FROM PUBLIC LAN WATERS. ATTACHMENT A: 6 REVISED SHELLFISH Page O(_.._...-- IMPLEMENTATION PLAN • USDC - Western District of Washington 04/09/02 12: 52 Page 12 of 28 #2123450= „ r 5.1 Order to Develop Plans. Long term management plans shall be developed separately for each species of shellfish (or groups of related species,such as all crab species)for which fisheries are to take place on public lands or from public waters.Those management plans may be divided mto sub-plans for specific geographic regions,for types of fisheries(commercial,non-commercial;subtidal, intertidal;etc.),or on any other agreed basis.Each management plan shall govern both tribal and State shellfisheries.Unless otherwise agreed,each management plan shall be subject to comprehensive review and agreement by the State and Tribes every five years 5.2 Order to Share Information and Establish Planning Committees. The State and Tribes shall exchange all available information in either side's possession regarding the status of shellfish populations and fisheries taking place on those populations,in response to reasonable requests for the same,to assist in carrying out their management responsibilities. 5.3 Joint Technical Working Committee. In addition,the State and Tribes shall establish a joint technical working committee to perform tasks,including the following: a.Exchange and review new and existing information; b Establish assessment methodologies; c. Identify and prioritize management needs; d.Develop annual or other periodic management plans. 5.4 Elements of permanent plans. In addition to complying with the allocation ordered by the Court or otherwise agreeing, certain basic elements should be included in all management plans between State and Tribe(s). Those elements include. a.Definitions of relevant terms. b.Procedures for identification of the location of shellfish resources. c.Procedures for assessing and estimating shellfish populations and the sustainable harvest biomass. d.Identification of geographic boundaries to be used for management and allocation of shellfish harvests(management or allocation"units"),including procedures for how and when boundaries can be modified once adopted. e. Identification of management periods and the duration of management plans. f. Procedures for establishing the amount to be harvested from each management area. g.Procedures for establishing how allocations will be measured for each management or allocation unit.In intertidal areas,unless otherwise agreed or determined by the Court,harvest management shall afford both Treaty and non-Treaty harvesters the opportunity to harvest fifty percent of the harvestable shellfish resource on each public beach,or tideland parcel having established or agreed boundaries,so long as consistent with public health and conservation requirements. h.Procedures for enacting pre-season and in-season regulations.These will include the amount of notice to be given before a fishery begins and requirements for exchanges of information. n Provisions regarding the content of regulations.At a minimum,these will include identification of the management plan under which the regulation is issued,the species to be harvested,the harvest areas,the purpose of the harvest,the gear to be used,the expected effort, the expected harvest,and the dates and times of opening and closing of the fisheries.Unless addressed in a Tribal Ordinance,the regulations will also identify the monitoring system to be used. j.Provisions regarding law enforcement for Treaty and B go;'ivellfishmg. ATTACHMENT A: 7 REVISED SHELLFISH IMPLEMENTATION PLAN, if..---- ° USDC - Western District of Washington 04/09/02 12: 52 Page 13 of 28 S2123450= p k.Provisions for record keeping and harvest reporting shall include:commercial WDFW shellfish receiving tickets,Treaty Indian receiving tickets,agreed sport harvest estimates,and agreed Treaty Ceremonial and Subsistence estimates. 1 Provisions for identification of tribally authorized harvesters taking shellfish and tribal representatives engaged in surveys,population estimates,and other management activities, including tribal fish managers,as well as tribal enforcement personnel. m.Provisions for modifications of management plans. 6 COMMERCIAL SHELLFISH GROWERS. The parties are bound by the definitions prescribed by the Court in this Order,the December 20, 1994 and August 28, 1995 Memorandum Decisions and Orders,and the Ninth Circuit decision,as amended September 25, 1998;and any other relevant order in United States v. Washington In addition,the parties will agree to a chart showing the minimum density of commercial shellfish species needed to establish the existence of a natural bed(i.e.,able to support a commercial livelihood on a sustainable basis)of shellfish,referred to hereafter as Exhibit A. The values included m Exhibit A shall hereafter be referred to as the"natural bed thresholds". The species to be included in Exhibit A will be agreed to,but will mclude at least Manila clams,native littleneck clams,butter clams,horse clams,Pacific oysters,Olympia oysters,geoducks,eastern softshell clams and cockles. The natural bed threshold for each species will be determined by geographic regions as agreed by the parties,and by time intervals set forth in Exhibit A or otherwise agreed on by the parties The parties shall also agree on what constitutes a sustainable commercial harvest,including the appropriate time interval for harvesting to constitute a sustainable commercial harvest,for each species and region The parties shall have six months from the date of this Order to reach agreement on all these matters. Any disagreements remaining after six months regarding the species,geographic regions,time intervals,what constitutes a sustainable commercial harvest,or the natural bed threshold for any particular species,region and time interval,shall be resolved by the dispute resolution procedure of§9,except that the parties will be permitted a full opportunity to engage in all discovery permitted by the Federal Rules of Civil Procedure as well as to present expert testimony Upon completion of Exhibit A,by agreement or dispute resolution,the time penod set forth in§6.1.4 shall commence. 6.1. Determination Of Tribal Shellfish Allocation on Grower Beds. Determination of the quantity of shellfish a Tribe is entitled to harvest from natural beds or enhanced natural beds(i.e.,natural beds enhanced by Growers) on property owned or controlled by a Grower is triggered by notice to the Grower of the Tribe's interest in commencmg harvest. 6 1 1 Any Tribe interested in commencing harvest on property owned or controlled by a Grower shall provide notice("Harvest Notice")to every other affected Tribe and to the Grower.The notice shall specify the particular property owned or controlled by the Grower upon which harvest is requested to occur,and shall include the name,street and mailing address,and telephone number of a tribal representative. Each such notice,and all information received by the Tribe(s)pursuant to the below,shall be made subject to a nondisclosure agreement in a form to be agreed upon by the parties. The Grower shall provide the information required by this§6.1.1 Harvest Notice to the Tnbes in writing within sixty days of the receipt of any such tribal notice. ATTACHMENT A: 8 LOG,ITEM REVISED SHELLFISH IMPLEMENTATION PLAN Page of • USDC - Western District of Washington 04/08/02 12: 52 Page i4 of 28 #2123450= x " In addition,the Tribes shall be given the opportunity to inspect the beds located on the land owned or controlled by the Growers. The Tribes shall give the Grower fourteen calendar days notice prior to the proposed date of mspection("Inspection Notice"). The inspection shall occur as noticed by the Tribes and shall take place at a reasonable time. The Grower may accompany the tribal representatives during the inspection. Upon receipt of a Harvest Notice the Grower shall provide the requestmg Tribe with the following: a. A description of how the Grower demarcates portions of the Grower's property for purpose of managing or keeping records of shellfishmg activities. (Each separately demarcated area shall be referred to as a "management unit"for purposes of this Implementation Plan.) b. The specific location of each management unit on the Grower's property. c. For each commercial species listed in Exhibit A,on each management unit,the Grower shall determine if the sustainable yield density(i.e., the quantity of mature marketable shellfish per square foot that could be harvested on a sustainable basis)at the time enhancement began exceeded the natural bed threshold identified in Exhibit A for the corresponding time period and region. If it is established by agreement or dispute resolution that a shellfish bed had less than the natural bed threshold set forth m Exhibit A at the time that enhancement activities began,any such bed shall be deemed artificial The Grower shall specify the basis for his or her assertions,including all mformation used to determine whether a natural bed was present prior to the time enhancement began. d. For beds asserted to be natural beds(i.e.,exceeding the natural bed identified m Exhibit A),the Grower shall specify the quantity of shellfish that the Grower asserts could be harvested on a sustainable basis,absent the Grower's and prior Growers' current and historic enhancement/cultivation activities,and the basis for that assertion. The Grower's operations are not required to cease or be changed m any way while the sustainable harvest level is being determined. e. Shellfish beds shall be presumed to be artificial(and accordingly not subject to tribal harvest)for all management umts where the Grower certifies that the only shellfish beds present are the result of off-bottom or an equivalent form of cultivation 6.1.2 The Tribes shall review the Harvest Notice data provided by the Grower(s) in§6.1.1,and any certification under§6.1.1(e),and may conduct an inspection of the beds,if any,within one year of receipt of the Harvest Notice data. A Tribe may also request that the Grower provide all or some of the information described in subsections 6.1.2(a)through(d),if necessary for the Tribe(s)to determine whether to accept the Grower's assertions regarding the existence of a natural bed or the sustainable harvest that would exist absent the Grower's and prior Growers'current and historic enhancement/cultivation activities. That information shall be provided within 90 days of such a request Unless the Grower's submission under subsection 6.1.1 is disputed in writing by a Tribe within the one-year period after receipt of Harvest Notice data,during which one-year period the Tribes may evaluate any information provided and conduct any mspection upon a proper Inspection Notice,the Grower's submission provided under § 6.1.1 shall be final and conclusive. ATTACHMENT A: 9 LOG ITEM REVISED SHELLFISH IMPLEMENTATION PLAN Page of USDC - Western District of Washington 04/09/02 12: 52 Page 15 of 28 *2123451E1 • a. The nature and extent of all enhancement activities undertaken by the Grower and prior Growers' since enhancement began,if any,along with all documentation of such enhancement activities in the possession of the Grower. b. To the extent that any of the shellfish present on any management unit are the result of seeding or transplanting of shellfish from other locations,the Grower shall provide all documentation in the Grower's possession relating to the dates and quantities of all such seeding and transplantation. The source of the seed or transplanted shellfish shall also be identified,including specifically the management unit of that Grower's property if such property was the source of the seed or shellfish. c. All harvest records in the Grower's possession for each management unit,by species. All harvest records that are not specific to particular management units shall also be provided,along with any information the Grower possesses regarding which management unit or units the shellfish were harvested from. d All other information m the Grower's possession that is relevant to (a)each assertion under§6.1.1 that no natural bed of any species was present at a particular location when the Grower began cultivation or enhancement activities at that management unit,and(b)the sustainable yield of each natural bed of any species that would exist absent the Grower's and prior Growers' current and historic cultivation/enhancement activities at that management unit. 6 1 3 If the parties agree on the location of any natural or enhanced natural beds and the quantity of tribal harvest permitted from each such bed,harvest shall commence according to the provisions specified in§6.2.Harvest shall also commence to the extent that there is agreement as to any bed or group of beds,meaning that the parties need not be in full agreement with respect to all beds prior to beginning any harvest.The quantity of tribal harvest permitted from each enhanced natural bed shall be fifty percent of the sustainable shellfish production(yield)from such beds that would exist absent the Grower's and prior Grower's current and historic enhancement/cultivation activities. For example,if ten clams per square foot were a sustainable yield sufficient to support a commercial livelihood at the time that enhancement began,and if a 100 square foot Grower's bed yielded ten clams per square foot on a sustainable basis absent the Grower's efforts to enhance the output(1000 clams),and that same bed produces fifty clams per square foot as a result of the Grower's labor(5000 clams),the Tribes would be entitled to fifty percent of the 1000 clams or 500 clams The sustainable harvestable level shall not mclude shellfish found in areas that are closed to shellfishmg due to pollution. To the extent of any disagreement which the parties are unable to work out themselves,the parties shall submit the issue to the dispute resolution procedure of§9. The burden of proof whether a bed is artificial,and the amount of sustainable shellfish - production that would exist absent a Grower's and prior Growers' current and historic enhancement/cultivation activities,shall be on the Growers. 6.14 Times When The Tribes May Give Notice Under§6.1.1. Tribes initially have one year after the completion of Exhibit A to give a harvest notice pursuant to§ 6.1.1 to Growers subject to the Implementation Plan.After that one-year period,a Grower may operate free of additional notices of tribal claims for a three-year period. At the end of such three-year period,the Tribes shall have a ninety-day period during which they may provide notice pursuant to§ 6.1.above. At the end of the ninety- ATTACHMENT A: 10 REVISED SHELLFISH LOG TEM IMPLEMENTATION PLAN - - — Page , pf USDC - Western District of Washington 04/09/02 12: 52 Page 16 of 28 #2123450= t r day period,the Grower shall again have a three-year period free from additional tribal notices or claims The ninety-day open period for giving notice under§ 6.1 shall continue to alternate thereafter with a three-year period during which no such notice may be given During the ninety-day period available for Tribes to give a Harvest Notice pursuant to § 6 1 1 either a Tribe or a Grower may also give notice requesting a change m the previously agreed or established tribal harvest allocation. Such notice of a requested change must be based upon a change in circumstances affecting the harvestable quantity of shellfish that would be present absent the Grower's and prior Growers' current and historic enhancement/cultivation activities. The party asserting the change of circumstances will have the burden of proof to establish the change in circumstances and the burden of proof to establish the new amount of the allocation. 6.2 Harvest Plans. Not later than thirty days after a final determination has been made of the location of one or more natural beds or enhanced natural beds and the sustainable harvestable quantity of shellfish that could be taken from such natural beds or enhanced natural beds absent the Grower's and prior Growers'current and historic enhancement/cultivation activities,whether by agreement or through dispute resolution,the Grower and affected Tribe(s)shall coordinate the development of a harvest plan. The harvest plan shall contain,at a minimum,the following: (1)the times for tribal harvest;(2)the species and amount of shellfish and the location from which they are to be harvested, (3)the number of tribal harvesters that can safely be present on a bed to conduct a harvest; (4)the appropriate method of access that will avoid damage to the Grower's crops; (5)the method of harvest,e.g.,blanket or spot digging;(6)a process for notification and change of harvest plan due to unusual circumstances and/or catastrophic mortalities. The Tribe(s)must complete its harvest of allotted shellfish during the time period prescribed in the harvest plan and shall not be permitted to make up any shortfall in future harvest periods except to the extent otherwise permitted in the harvest plan itself. The harvest plan shall be compatible with the Grower's farming operations and protect the Grower's crops while respecting the tribal treaty right to harvest from natural beds. The harvest plan shall not impose any more restrictions on the Tribe(s)than are necessary to protect the Grower's operations and crops from harm. To minimize impact to a Grower's beds,a Grower and the Tribe(s)may agree that the tribal allocation from a particular Management Unit be taken from any alternative Management Unit under that Grower's control,provided it is within the affected Tribe(s)usual and accustomed harvest areas and the density,quality and accessibihty is equal or better than the Management Unit where the natural bed is located. Where the harvest of the natural bed would cause irreparable harm to a Grower's artificial or enhanced natural bed to the point that the Grower in good faith will not harvest the natural bed,the harvest plan need not provide for tribal harvest from that natural bed. The following are illustrative of such circumstances a. An artificial bed of Manila clams cultivated over natural beds of butter or horse clams. Where typically there are multiple year classes of Manila clams in a bed at any one time and the Grower harvests only the mature clams periodical y as ,�. : < M ATTACHMENT A: 11 # LL..vv vv REVISEDSHELLMBH IMPLEMENTATION PLAN Page 1r ®f • USDC - Western District of Washington 04/09/02 12: 52 Page 17 of 28 121234510= v. 4 ' young clams behind to mature,the harvest of deep horse or butter clams would cause severe damage to the shallow Manila clams on top b A natural bed of Manila clams under an artificial bed of Olympia oysters. Olympia oyster beds are continually culled and only adult oysters are harvested The bed is never completely barren of Olympia oysters and thus there can be no access to clams underneath such oysters without risk of severe damage to the oysters. c. When a Grower in good faith does not harvest his or her artificial or enhanced natural bed while awaiting changes in market conditions and harvest of the underlying natural bed would cause severe damage to the artificial or enhanced natural bed If the Grower and affected Tribes)are unable to negotiate an acceptable harvest plan within a reasonable period of time,the matter may be submitted for dispute resolution pursuant to §9. The Tribes will be responsible for coordination of the development and implementation of harvest plans with all Tribes with a right to harvest shellfish from a particular Grower(s) If,during any harvest,the Tribe takes shellfish from beyond the agreed upon boundaries or causes any damage to the Grower's property,the parties shall attempt to resolve the matter informally.If there is no resolution,the parties shall submit the matter to dispute resolution pursuant to § 9. Growers shall have no duty of care for tribal members on their property nor shall they be held liable for any nonintentional tort (e.g negligence)should a tribal harvester sustain an injury while on a Grower's property. No Grower may,instead of providmg a Tribe the opportunity to harvest,insist that the Tribe take a money payment or take shellfish harvested by the Grower,as the tribal right is a right to take the shellfish by a tribal harvest Nothing m this Plan, however,shall be interpreted to foreclose the parties from voluntarily negotiating such an agreement;the Grower simply may not force such an agreement on any Tribe. 6.3 Creation of New Artificial Beds or Enhancement of Existing Natural Beds. Nothmg in this Plan shall be construed to limit a Grower's ability to enhance an existing natural bed or create a new artificial bed.If a Grower plans to enhance an existing natural bed or create a new artificial bed,the Grower shall give written notice to the affected Tribe(s)of his or her intention. The notice shall be provided at least sixty days prior to the proposed enhancement or creation of the bed and shall include the following: the location and species of the proposed bed and a summary of information known to the Grower regarding the history of harvest and enhancement of any species of shellfish listed m Exhibit A on the property.In addition,the notice shall explain the basis for the Grower's determination that the sustainable yield of shellfish is below the natural bed threshold in Exhibit A or if it is above the threshold,what the sustainable harvest yield is. If the sustainable yield density(i.e.,the quantity of mature marketable shellfish per square foot that could be harvested on a sustainable basis)of the species proposed for cultivation is below the natural bed threshold m Exhibit A the Grower shall be entitled to one hundred percent of the harvest of that species in the future. If the sustainable yield density exceeds the natural bed threshold from Exhibit A for the species proposed to be enhanced,the Grower may enhance that natural bed, however,a harvest plan must be developed to provide the tribes with pe rce ttoof the A ACH jENT A: 12 # L REVISED SHELLFISH IMPLEMENTATION PLAN page of • USDC - Western District of Washington 04/09/02 12: 52 Page 18 of 28 #212345 = x 4. • sustainable harvest that would exist absent the Grower's proposed enhancement activities. If a Tnbe contests the Grower's conclusion that there is no natural bed(i.e.the Grower's statement that the species proposed for enhancement or cultivation is below the natural bed threshold set forth in Exhibit A)in the location of the proposed enhanced or artificial bed,the Tribe shall so notify the Grower within thirty days of receiving the notice.The Tribe shall explain the basis for its position In addition,the Tribe shall be given the opportunity to inspect the location of the proposed bed upon fourteen days notice to the Grower The inspection shall then occur as noticed by the Tribe at a reasonable time. The Grower may have a representative accompany the Tribe during the inspection. Where shellfish not proposed for cultivation are identified at levels which exceed the defined natural bed threshold in Exhibit A m the location where the artificial bed is planned,a harvest plan will be developed to provide the Tnbes with fifty percent of the sustainable harvest of such natural bed. The tribal harvest level will not increase should the cultivation efforts for the proposed artificial bed species incidentally enhance yields of the natural bed species. If in redesigning his or her beds to create a new artificial bed, a natural bed is to be destroyed,the Grower shall only do so in good faith if it is deemed by the Grower to be necessary for their operations. A Grower will not destroy natural beds in bad faith In the event that an unanticipated species of shellfish establishes a new artificial bed as a result of a Grower's efforts to create a new artificial bed for another species,the Grower shall be entitled to one hundred percent of the harvest of that unanticipated species An example of this would be cockles settling in geoduck predator exclusion tubes and surviving in an area where there was no natural bed of cockles previously and cockles were not the notified species for artificial bed creation. If the parties are not able to agree on the presence or absence of a natural bed or the sustainable harvest that would exist absent the Grower's proposed enhancement/cultivation activities from a natural bed,it will be subject to dispute resolution.The Grower shall have the burden of proof.The Grower,pending the resolution of the matter by dispute resolution,will be permitted to continue with any enhancement or cultivation activities at his or her own risk: that is,the Grower may proceed with his or her plans at the nsk that the dispute resolution could hold that the proposed area contains a natural bed that will require the development of a harvest plan with the affected Tnbe(s) 6.4 No General Regulation of Grower's activities. Nothing in this Plan shall be interpreted as interfering in any way with the nght of a Grower to engage in predator control activities or in any other activities designed to manage or benefit the Grower's land.Moreover,nothing in this Plan shall constitute a limit on a Grower's right to redesign his or her tidelands,even if such redesign results in the destruction of a natural bed(e.g.,constructing a dike for Olympia Oysters which causes the substrate to change and eliminates a clam bed). LO ,IITTEM ATTACHMENT A: 13 .µ C� REVISED SHELLFISH �t IMPLEMENTATION PLAN Page of 11SDC - Western District of Washington 04/09/02 12: 52 Page 19 of 28 #2123450= r 4 7. PRIVATE PROPERTY NOT USED FOR COMMERCIAL SHELLFISH GROWING. Determination of the location of shellfish populations,population estimates,and regulations governing the harvest of shellfish from privately owned tidelands not being used for commercial shellfish production shall be subject to both interim and permanent management plans adopted by the Tribes and the State.Included within those plans,however,shall be additional measures applicable to harvests from privately owned tidelands,as described below. 7.1 Population Surveys And Population Estimates. Tribes shall survey pnvately owned tidelands to determine the existence of shellfish populations prior to commencing harvest on a particular tideland. The Tribes'surveys and population estimates shall be made consistent with the following rules,unless otherwise agreed between a Tribe and a Property Owner: 7.1 1 A survey to determine whether shellfish are present shall occur on each privately owned beach no more than once every three years.The cost of the survey is to be paid for by the Tribe. The manner and method of any survey must be of the type currently in use by the State of Washington. 7.1.2 An on-site population estimate shall occur no more than once per year. The cost of any estimate shall be paid by the Tribe. 7.1.3 Shellfish population information and data regarding a privately owned beach shall be shared with WDFW and the Property Owner. 7.1.4 Surveys and population estimates shall be done at reasonable times during daylight hours whenever feasible.Night surveys shall occur only when necessary. 7.1.5 Notice of a survey or population estimate shall be provided to the Property Owner no less than one month in advance of the survey or estimate.The notice shall include the name,street and mailing addresses,and telephone number of a tribal representative responsible for the administration of the survey or population estimate. 7.1.6 Notice shall be provided by certified mail,fax,or personal service.The Tribes may chose the type of service The Private Property Owner shall provide the address or phone number to the Tribe where ht at Owner will accept service of the notice.If such information is not provided by the Private Property Owner to the Tribe,notice need only be by publication In addition,survey schedules will be made available on a telephone hotline operated by the Tribe,if the Tribe has the means to provide such a hotlme. 7.1.7 The Property Owner and the State may have representatives present during the survey and population estimate. 7.18 The Tribes need not conduct a comprehensive survey or population assessment of all properties potentially subject to tribal harvesting before being permitted to exercise Treaty harvest rights.However,as to a particular property,a survey or population assessment must be done prior to any tribal harvest. 7 1 9 Nothing in this Plan shall prevent a Private Property Owner from conducting his or her own survey or population assessment.The Private Property Owner may then,if the results of such a survey or estimate differs from the results of the tribal survey or estimate,contact the Tribes in writing and inform them of any discrepancy.If the parties are unable to resolve the matter,it shall be submitted to the dispute resolution procedures of§9 according to the procedure set forth in this Plan. ATTACHMENT A: 14 L ITEM REVISED SHELLFISH # IMPLEMENTATION PLAN Page of USDC - Western District of Washington 04/09/02 12: 52 Page 20 of 28 #212345 = r 7.2 Tribal Harvest. In addition to the rules governing tribal harvests that are contained in management plans developed with the State,tribal harvests from private tidelands shall also be governed by the following requirements: 7.2.1 A tnbal regulation opening private property for shellfish harvesting shall take into consideration the density of shellfish present and the size of the area to be harvested and limit the number of persons who may harvest accordingly. 7.2.2 The regulation opening private property for shellfish harvesting shall provide for monitoring and enforcement of the harvest.The regulation shall also ensure that proper sanitation procedures will be followed by all tribal harvesters. 7.2.3 The regulation opening private property for shellfish harvesting shall indicate the quantity of shellfish that may be taken, hmits that apply to individual harvesters,if any,the purpose of the harvest(commercial, subsistence,ceremonial,or a combmation),and the dates and times when harvest may take place. Harvests may occur at night only if necessary.All harvests of properties less than 200 feet in width shall be limited to five days per calendar year. If a property is 200 feet or wider along the beach front,the number shall be increased by one additional harvest day per calendar year for every additional fifty feet of property. 7 2.4 There shall be no upland access to the private tidelands.The Tribes may access the private tidelands by water,across public lands,or by public rights of way only.Nothing in this Plan,however,shall prevent a Private Property Owner from voluntarily agreeing to upland access,although no Tribe has a right to insist on such access from the Tideland Owner. 7 2.5 Notice of a tribal harvest on private property shall be provided to the Property Owner and WDFW no less than one month in advance of the harvest.The notice shall include the name,street and mailing addresses, and telephone number of a tribal representative responsible for the administration of the harvest. 7 2.6 Notice shall be provided by certified mail,fax,or personal service.The Tribes shall chose the method of service.The Private Property Owner shall provide the address or phone number at which such notice will be received.If no address is provided,notice may be by publication. 7.2.7 If during any harvest,the Tribe damages the property of a Tideland Owner or in any way fails to harvest as stated in the notice provided to the Owner, the Owner may submit the issue to the dispute resolution procedures of§9 as set forth in this Plan. 7.3 Dispute Resolution. A Private Property Owner may challenge a proposed tribal harvest of shellfish from their property through the dispute resolution procedure of section 9 by complying with the following requirements: LO ITEM ATTACIIMENT A: 15 IMPLEMENTATION PLAN Page /9 of 7, !USDC - Western District of Washington 04/08/02 12: 52 Page 21 of 28 #2123450= t 4 ' 7.3.1 An objection to a proposed tribal harvest must be made in writing to the Tribe's fishery department,stating the nature of the objection,the reasons for the objection,any data upon which the objection is based,and identifying any documents upon which the objection is based. 7.3.2 An objection must be based on a claim that the Tribe's plan for harvest is not consistent with the Court's orders in this case,an applicable management plan developed pursuant to this Implementation Plan,or other applicable law. 7 3.3 An objection to a proposed tribal harvest must be received by the Tribe not less than five working days before the harvest is scheduled to begin. 7.3 4 If the Property Owner posts a bond in the amount of$10 per lineal feet of waterfront of the property at issue,the Tribe may not harvest pending the outcome of the dispute resolution 7.3.5 The Magistrate Judge(or Technical Advisor,if applicable)shall have discretion as to whether a decision will be made based upon the written submissions of the parties or after a live hearing. 7.4 Rights of Private Property Owners Nothing in this Plan shall be interpreted to limit in any way the rights of a Private Property Owner to build docks or other structures on their property. 8. MISCELLANEOUS PROVISIONS. 8.1 Proposals To Establish New Artificial Shellfish Beds. 8.1 1 The State shall exercise powers granted under State law regarding permits needed for shellfish enhancement(shellfish transfer permit,import permit, Hydraulic Project Approval).A person seeking to plant shellfish seed, place gravel or other substances,or otherwise enhance natural shellfish populations through additions to the natural environment in or beneath state waters,shall comply with these requirements.When an application is received to undertake such an activity,the authonzmg Department shall within five working days notify the Tribes by mailing a copy of the application to each affected Tribe's fishery department. 8.1.2 Before granting such a permit application,the appropriate State Department may ascertain the status of existing shellfish populations,if any,where the activity is proposed to occur,to determine whether a natural shellfish bed exists.Where a Department of the State performs the assessment of existing shellfish populations,the Department shall establish procedures whereby the Tribes shall be afforded the opportunity to participate in the assessment of the status of the existing shellfish populations.Where the State chooses not to perform the assessment,the Tribes may perform an assessment. 8.1.3 Whenever the State proposes to grant a permit under section 8.1.1,it shall notify the Tribes at least twenty working days before issuance of a permit The State shall maintain copies of all documents that establish the basis for the granting of the permit and make them freely available to the Tribes at any Tribe's request.A decision to issue a permit,and the State's •_TACHMENTA: 16 LOG ITEM REVISED SHELLFISH IMPLEMENTATION PLAN - Page Of USDC - Western District of Washington 04/09/02 12: 52 Page 22 of 28 112123450= conclusion,if any,regarding the presence of a natural shellfish bed,may be challenged by a Tribe and is subject to the dispute resolution procedure if agreement is not otherwise reached 8 1.4 Any person to whom a permit is issued to enhance shellfish production for commercial purposes shall be subject to any applicable provisions of this plan and the Court's orders to the extent of tribal Treaty rights. 8.2 Proposals To Lease Tidelands Or Bedlands For Purposes Of Commercial Shellfish Growing. The purpose of this section is to address state leasing of tidelands and bedlands for shellfish harvest and production and to insure any Treaty right to harvest shellfish from such leased premises is addressed prior to leasing.Public lands under lease shall be considered the same as property owned by the lessee during any lease,and are subject to this court's provisions for private property or Growers'property.The following additional provisions apply for all new or renewal leases for shellfish harvest or cultivation. 8.2.1 State Notice to Tribes. Whenever the State proposes to lease tidelands or bedlands for purposes of a commercial shellfish operation,then the State shall give affected Tribes notice of the lease application and provide a date certain when the Tribes can communicate to the State regarding the assertion of a Treaty harvesting right to shellfish on the property,in accordance with this section.Notice to the affected Tribes shall include a description of the use to be authorized by the lease.The State shall evaluate the land to be leased to determine whether a natural bed exists. For leases where no enhancement activity has occurred recently enough to affect the density of shellfish beds,the determination of the existence of a natural bed shall be based upon whether the sustainable yield density exceeds the natural bed threshold identified in Exhibit A for the corresponding species, region and time period. For leases where past or present enhancement activity has affected the current density of shellfish beds,the determination of the existence of a natural bed shall be based upon a determination of whether the sustamable yield density at the time enhancement began exceeded the natural bed threshold identified in Exhibit A for the corresponding species, time period and region.The Tribes shall be afforded the opportunity to participate in the State's assessment of whether a natural bed exists on the land.The results of any state evaluation shall be communicated to the Tribes at least thirty calendar days before a lease is issued and shall specify the date that the state proposes to enter into a lease.The underlying data and documents shall be made available to the Tribes. 8.2.2 Tribal Assertion of Treaty Right on Leased Land. If an affected Tribe(s)contends that there is a natural bed subject to Treaty harvest by the Tribe on property to be leased,the affected Tribe may notify the Washington Department of Natural Resources(DNR)in writing within thirty days after the state evaluation is provided to that tribe,or ten days before the proposed date of leasing,whichever is earlier in time.The notice shall describe the shellfish to which the Tribe asserts a Treaty right,the basis for that information,and the area and shellfish involved.Upon timely receipt of such notice,DNR shall not lease the property until compliance with paragraph 8.2.3.or 8 2 4,below. If a Tribe does not provide notice under this paragraph to DNR after DNR has complied with paragraph 8.2.1,then the Tribe shall not take shellfish from the leased property for the initial term of that lease,or ten years,whichever is shorter 8.2.3 State and Tribal Agreement. If a Tribe has provided notice under paragraph 8.2.2,the State and Tribe and/or prospective lessee may agree to a plan where the Tribe's Treaty right to LO take shellfish TEM from the ATI_AMEIE M 17 REVISED SHELLFISH IMPLEMENTATION PLAN Page ®f=' . IJSDC - Western District of Washington 04/09/02 12: 52 Page 23 of 28 #2123458- land to be leased is addressed before issuance of the lease. My such agreement in writing shall be binding on the State,Tribe,and other persons who enter it for the term of the agreement 8.2.4 Dispute Resolution. Absent an agreement between the State and Tribe and/or proposed lessee for tribal harvest from the bed to be leased,a Tribe or the State may seek dispute resolution.The dispute shall be heard by the Magistrate Judge pursuant to section 9,and the lease shall not be issued until the dispute resolution procedure has been completed.At such dispute resolution,the Magistrate Judge shall determine whether or not the leased activity authorizes the taking of shellfish subject to Treaty harvest.If the lease does not,then the lease may be issued.If the land to be leased contains shellfish subject to Treaty harvest,then the Magistrate Judge shall determine the tribal harvest of a Treaty share of such shellfish consistent with the sharing principles within paragraph 6 1.3,or allow the State and Tribe to reconsider agreement regarding tribal harvest. 8.2.5 State Renewals. Whenever the State proposes to renew a lease of tidelands or bedlands for purposes of a commercial shellfish operation,if the presence or absence of a natural bed has not previously been determined,the procedures of part 8.2.1 shall be followed as if a new lease is being proposed.If an affected Tribe has previously not objected to leasing of the property after notice pursuant to Section 8.2.1,then the State need only provide such Tribe notice of its intent to renew the lease.If the lease only allows the lessee to grow and harvest a species known not to reproduce naturally in the lease location(such as Pacific Oyster beds outside areas of Hood Canal),or to grow and harvest shellfish cultivated by an off-bottom or equivalent method and there has been no natural bed identified on the site during past leases,then the State may satisfy paragraph 8.2 1 by informing the affected Tribe of the nature of the proposed lessee use.The Tribe,however,may mspect such property or assert a claim under 8.2.2,if there is a natural bed subject to a Treaty harvest. 9. DISPUTE RESOLUTION 9.1 Magistrate Judge Proceedings Any dispute arising under the implementation plan shall be brought before the Honorable Ricardo S. Martinez, United States District Court Magistrate Judge for the Western District of Washington, at 1010 Fifth Avenue, Suite 304, Seattle, WA 98104 ("Magistrate Judge") or a successor Magistrate Judge appointed by the Court. 9.1.1 Unless the dispute is initially heard by a Technical Advisor as provided for by paragraphs 9.1.2 and 9.1.3 of this stipulation, the Magistrate Judge will hear and determine disputes arising under the implementation plan. 9 1.2 For a dispute that raises technical questions of fishery management and/or allocation, the parties may file a joint request with the Magistrate Judge that such dispute be heard by a Technical Advisor. Based upon such request, the dispute will be heard, as soon as possible, by the Technical Advisor selected by the Court after nominations by the parties. If the parties do not agree that a Technical Advisor is necessary, the dispute will be heard by the Malik TEM ATTACHMENT A: 18 REVISED SHELLFISH IMPLEMENTATION PLAN page of • USDC - Western District of Washington 04/09/02 12: 52 Page 24 of 28 #2123458= i - Judge who has the authority to decide the issues himself; appoint experts, and/or refer the matter to the Technical Advisor. 9.1.3 If the dispute is heard by the Technical Advisor,the Technical Advisor will establish procedures consistent with procedures described in paragraph 9.2 of the implementation plan The written decision of the Technical Advisor shall resolve the dispute unless a party to the case files a petition for review of that decision before the Magistrate Judge within twenty days of the filing of the original decision. Such petition shall state the basis for seeking review, identify the alleged error in the decision, and identify the relief sought. Upon a timely petition, the Magistrate Judge shall conduct a de novo review and shall consider additional briefing, proceedings, evidence, and argument offered by the parties, if any. During the consideration of any petition filed under this subsection, the written decision of the Technical Advisor remains in effect and shall govern the parties'conduct unless and until the Magistrate Judge overturns the written decision or expressly stays its enforcement. 9.1.4 For disputes where a written decision by the Technical Advisor does not resolve the dispute, a written decision of the Magistrate Judge shall resolve the dispute unless a party to the case files a petition for review of that decision before the Honorable Robert S.Lasmk,United States District Judge, 1010 Fifth Avenue, Suite 911, Seattle, WA 98104, within twenty days of the filing of the original decision. Such petition shall be considered pursuant to the procedures established in Federal Rule of Civil Procedure 72(b),except for the time permitted to file the petition for review, as stated above. During the consideration of any petition filed under this subsection, the written decision of the Magistrate Judge remains in effect and shall govern the parties' conduct unless and until the Court overturns the written decision or expressly stays its enforcement 9.2 Procedure For Hearings Before the Magistrate Judge. The Magistrate Judge will establish the procedures to be used in hearmm disputes;those procedures may be informal,but shall include the following,except where specified otherwise m this implementation plan: 9 2 1 An opportunity for all parties to a dispute to present their evidence and arguments in writing and orally 9.2.2 An opportunity for all parties to a dispute to respond to or challenge the evidence and arguments presented by other parties. 9.2.3 The opportunity for all parties to the dispute to compel the production of persons or documents from other parties that are necessary for full consideration of the matter m dispute. 9.2.4 In addition to considenng evidence presented by experts called by a party to the dispute,the Magistrate Judge may consult with persons with technical expertise as necessary to the resolution of disputes.The persons consulted shall not be associated with the Tribes,any agency of the State of Washington(other than academic institutions)or any other person affected by the outcome of the dispute,absent agreement of all parties to ATTACHMENT A: 19 REVISED SHELLFISH LOG ITEM IMPLEMENTATION PLAN / - - ------ - Page_ USDC - western District of -tashington 04/09/02 12: 52 Page 25 of 28 #212345 iE A. M t the dispute.Advice received from a technical expert shall be shared with all parties to the dispute. 9.2.5 The Magistrate Judge shall issue a written opinion stating the decision and the reasons for the decision within ten working days of the conclusion of the hearing or the submission of evidence by the parties to the dispute, whichever is later,unless agreed otherwise by the parties and the Magistrate Judge In fashioning resolution to a dispute,the Magistrate Judge shall have no authority to eliminate the Treaty fishing nghts of an entire Tnbe.The Magistrate Judge may,however,order that the Tribe pay damages or may implement some other appropriate remedy. 9.2.6 The Magistrate Judge shall not be required to hear or consider disputes in the order in which they are presented.The Magistrate Judge shall consider a dispute on an emergency or expedited basis when a delay would make the dispute moot due to the closure of a fishing season or other equivalent circumstance. �® tTE page ATTACHMENT A: 20 REVISED SHELLFISH IMPLEMENTATION PLAN USDC - Western District of Washington 04/09/02 12: 52 Page 26 of 28 #2123450= Exhibit A Minimum density of commercial shellfish species necessary to constitute a natural bed(e.g., able to support a commercial livelihood on a sustainable basis)at the time cultivation of a bed began. Manila clams Pacific oysters Native littlenecks Butter clam s North South Hood North South Hood North South Hood North South Hood Time Penod Sound Sound Canal Sound Sound Canal Sound Sound Canal Sound Sound Canal 2016-2020 - 2011 -2015 2006-2010 2001 -2005 1996-2000 _ 1991 -1995 1986-1990 - 1981 -1985 1976-1980 1971 -1975 1966-1970 1961 -1965 1956-1960 1951 -1955 1946-1950 1941 -1945 1936-1940 1931 -1935 1926.1930 - 1921 -1925 1916- 1920 1911 -1915 1906-1910 1901 -1905 1896-1900 1891 -1995 1886-1890 1881 -1885 1876-1880 1871 -1875 1866-1870 - 1861 -1865 1856-1860 1851 -1855 LO ITEM Attachment A: Revised Shellfish 21 Page y Implementation Plan USDC - Western District of Washington 04/09/02 12: 52 Page 27 of 28 *2123450= • # ,, Cockles Geoduck Olympia oysters Horse clams North South Hood North South Hood North South Hood North South Hood Time Penod Sound Sound Canal Sound Sound Canal Sound Sound Canal Sound Sound Canal 2016-2020 2011 -2015 2006-2010 2001 -2005 1996-2000 1991 -1995 1986-1990 1981 -1985 1976-1980 1971 - 1975 1966-1970 - 1961 -1965 1956- 1960 1951 -1955 1946- 1950 1941 -1945 1936-1940 _ 1931 -1935 1926-1930 1921 - 1925 1916-1920 1911 -1915 1906-1910 1901 -1905 1896-1900 - 1891 -1995 1886-1890 _ 1881 - 1885 1876-1880 1871 -1875 1866-1870 1861 - 1865 1856-1860 1851 -1855 age Attachment A Revised Shellfish 22 Implementation Plan USOC - Western District of Washington 04/09/02 12: 52 Page 28 of 28 #212345®= A es- Eastern softsheli clams North South Hood Time Period Sound Sound Canal 2016-2020 2011 -2015 2006-2010 2001 -2005 1996-2000 1991 - 1995 1986-1990 1981 -1985 1976-1980 1971 -1975 1966-1970 1961 - 1965 1956-1960 1951 -1955 1946-1950 1941 -1945 1936-1940 1931 -1935 1926-1930 1921 -1925 1916-1920 1911 -1915 1906-1910 1901 -1905 1896-1900 1891 -1995 1886-1890 1881 - 1885 1876- 1880 1871 - 1875 1866- 1870 1861 -1865 1856-18660 1851 - 1855 1-09 ITEM Page of Attachment A Revised Shellfish 23 Implementation Plan ti/p l bt( .,,,,itie.„/„.„ ciii/t/t,,,, e 1,/,--1-111' Irt oi417/4`14/. i-d , r:///t/t,,,i j_l/A1 > i to v./jut_ i „ire , 1 19 , P/ir 14/11( •=•:...,,..,,, • ,s1f, (.Tit.6 ,14- ' ''''-t* lVit.-1"'.?"-'-:I ': ' I ;a �� fig. �, z �« Ye r it f tit *° , i 34t- I ac � ce ca r r * O \ ;°''''''••t '4401,,,-. -,‘,-,,.'e,- ,'.', . - ,., \\11\1 . \ CI nU Ch- CC O Ul tre .4 M • • . H ca tT '� _n - U b ° O 3 � e c� F � 1o.C1 a.� A ,c Q� � k�.� v s w s t O w z•past c`.!,0,-.)0„tn�ttn�vE: WASHINGTON SHELL FISH, INC. OV. 4 f 5407 38th Ave NW j Gig Harbor, WA 98335 Phone: (253)858-6600/Fax: (253) 858-6601 April 8, 2004 Jefferson County Department of Community Development CERTIFIED MAIL 621 Sheridan Street 7002 0460 0000 7772 3746 Port Townsend, WA 98368 Attn: Kevin Russell Re: MLA03-00591 APR 1 2 21A MLA03-00592 Dear Mr. Russell, Enclosed please find the site plans as requested in your letter dated December 17, 2003. We appreciate your patience while we were awaiting tides conducive to obtaining the requested information. Additionally, please also find a check in the amount of $1668.00, $834.00 per application. Thank you and we look forward to working with you towards the approval of our applications. Sincerely, Paula Rossa Executive Assistant LOG hem # at Page speaking For the Scriptures say, If you want a happy life and good days, keep your tongue from s p g evil, and keep your lips from telling lies." 1 Peter 4:10 JEFFERSON COUNTY ,#goN °6 DEPARTMENT OF COMMUNITY DEVELOPMENT ' W _ a �C 621 Sheridan Street ' c0 Port Townsend, WA 98368 LINO ril 12, 2004 Al Scalf, Director Paula Rossa 5407 38th Ave. NW Gig Harbor, WA 98336 Re: SDP03-00035/36 Dear Ms. Rossa: I received a copy of your site plans dated 4/12/04. Your submitted plans did not adequately identify the area of proposed operation. Your original proposal encompassed piping with protective netting. Your cross section drawing did not include a piping and netting configuration associated with the aquaculture activity. Additional information was requested dating back from 11/24/03. The information (fees q g and site plans) was not submitted by the 3/16/04 deadline. Your files have been cancelled and you will need to resubmit correct drawings, and the appropriate fees. As previously discussed your proposal shall undergo a substantial development permit (Primary Use) and SEPA review. The total fee per application is $1,285.00 per application ($853 Primary Use, $432 SEPA). Your check for$1,668.00 has been voided and has been included with this correspondence. Your site plans have also been returned for your records. Please contact my direct line @ (360) 385-9406 if you have further questions regarding the permitting process. Sincerely, r Kevin Russell, AICP Associate Planner Cc: Hatch, Point No Point Stewart,DOE Schreck,DNR LOOE- of Pre Building Permits/ Inspections Development Review Division Long Range Planning (360) 379-4450 FAX: (360) 379-4451 -,!s'7 7 Date/Time Caller Name Company Name Ph ne Number/Fax , ' .E-i°A 1649--avhary4Z,__,_ 440 --.4- esg8 1 R Notes: . • .. - 0iq z-�V . 2 io:3d .---- '" 0/‘/ 5i ' Notes: • F= mit 3cs�t k-- q -X66 I ►_ 3 �D kO Nn ,P k Notes: 45r9Z..M.M1C2-- 6— N N t ( k -'l I i l gk;t 41 Notes: \ .k- M ( Y37.04/30 I ' ivoiJ CAN s rTe S'C bJ i2-- Notes: R. . , '2-5:: g'S-13 —C‘00 , k ,b 6 ". - ." . --f14.11441 . 'I 4�/Asu►,,�G-rh t ft t , Notes: 0.2 DUNI G , C015 . .74,5-33gc 1 Notes: 1 Voice Message Log Book MIIIPS it TOPS No. 4416 Printed in U.S.A. ®�� 4,r, page��---- qillDate/Time Caller Name/Company Name Phon Number/Fax CO \15(1 ' -ri15/%1 (40...S- ,: 24—110 1 t. 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S SP F ..4 0 ❑_ \r' 4 11116.mmmmmlliNllaijidimmlIl Notes: A'' ID ■ iiiiimmui 111114,� // b Notes: i 11111111111111111111111 3 ,, Notes: , Voice Message Log Book TOPS No. 4416 Printed in U.S.A. 61 Date/Time Caller Name/Company Name Ph a Number/Fax z_m--)1")}/ fO 'Jop Z' n Notes: ,4P-- -y ems.\/ ' &.78 elgg q Notes: Au0 Li 3 Notes: )S14 pt t"--(0‘1:51 %De NA44t-tv-MbH Notes: OVvCmV 'iz� bzz -- 8880 7%5 �'�►stAn►,t1(Z-p( 0-5111 Notes: Raiff,/i -r. FL bl 'fL- 66-'4 9- vv t tz()._ wra- e 6 AIWA tho Notes: G4t%( 60-1 C,Yv t.A (JOT 1cY- 140 g 1—r S 5'7 cA61\r\► Notes: (5M — JAN Z$^ fcB (` I—O TEM Voice Message Log Book TOPS No. 4416 Printed in U.S.A. ®f Page ii 6�! Date/Time Caller Name/Coin•an Name Phone Number/Fax � -.. \ CI 1 b IfidEgramlowm"--.......... •Notes: i g:bi--)glf2 * _._..................... I. Notes: 1 1431101 69j111.,1111111111111111111111 s..... �'. Notes: . . 7 / :f;1 d3 � 11121 Mill • , • . P PI, ■ aINNIIIIIIIIIIIIIII th ` I. rJ :i rotes: kebAL- ikrt MI • A A ,..1 1181AFI:4111111111111111111M Notes: .-■ N jCIIIPicI‘llMNIMII' --. { Notes: ; Notes: • . •gam,,. 636 -71 �' S. i I' Voice Message Log �,C ,� Book • TOPS No. 4416 Printed in U.S.A. ng L i//9^ `k g _ � , > (,.OHO ! _ , -The drawing shall be to a scale size no smaller than one (1) inch equals one hundred (100)feet. -The exact size of the proposed operation. -The proposed depth of the operation and the exact location of the OHWM. -The location of the operation in relation to the leased tidelands. 1,0?, --b copy-i ie.c-rt OF 150.61,1 FtZAr4te_ COX. .--V r:0 q �{ Tt °l� I-----V• 5c=1vilG L — -4 s Partners with Mother Nature. bi■1j2 r ,� ;/�'� Ag- Robin M. Downey 11�^I.��� Executive Director 14 M' "54b GtOZ..j c 120 State Ave. NE PMB#142 &tt��.. '1D Olympia,WA 98501 !s 5 f Zewnee PNR (360)754-2744 / Fax(360)754-2743 (sG40)Q b 2...1p 21 robindowney @pcsga.org �S ( O t 7 /Q or pcsga @pcsga.org `4kS �r 5 ` S° t Feg.86 $7 www.pcsga.org 141c )ALL? WAS rah• 414424i,j EKRVE 7-s3 -38 L-ss 1-11 _ (rs6,.________O__:s-:_ i____ it---2 - Page CASES, FINDING, CONDITIONS, PERMISSIONS FOR ' Parcel 821334073 Printed: October 27, 2003 Cases Name Review Type Status Planner SDP03-00036 MLA03-00591 MC RAE III P K RUSSELL Application Received: 10/23/2003 Permit Issued/Case closed: Case Finaled: Aquatic farming in 2nd class tidelands No findings,conditions,or permissions found. PRE03-00032 WASHINGTON SHELL FISH INC F K RUSSELL Application Received: 8/7/2003 Permit Issued/Case closed: Case Finaled: Aquatic Farming No findings,conditions,or permissions found. LOG ITEM # i Page ( of Page 1 of 1 .Map Output Page 1 of 2 Features not surveyed Parcel #821334073 i \ ISIr 1r: k It "7: ;°. • 3 1., i ti 2. I;• ,� ,,,, -- ,,,,-..e.........--. -- -____ ._..i. \... � - Y. , --.4*41,,, ,-.-1,40-:. • 4 4 t Tx ,, 4.. •,. t Maps by Jefferson County Central Services GIS 0 IN44.6111 LOG ITEM Page of http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 10/27/2003 .Map Output Page 2 of 2 I w1 Legend • Ta • • Sections+) • Towns 0 cwt./Seal * Rural CarAss Riven)and Streams ,/ Major Roads County Zoning AG.20 AIRPORT ■ caw Fc tE r.to MI CROSSROADSCC ■ CROSSROADSMC ■ GLB1 COVE WC ■ HEAVY INDUSTRIAL ▪ NHOLDNG FOREST ■ LIGHT NDUSiRI L • MILITARY RESERVATION ■ MPR.NUL1FANLLY • MPR.0 EN SPACE MPR•RCdCF MPR•RRCRFATION MFR-SINGLE FAN TRCTS - MPR-SNCt,E FAMLY ■ NPR-NIAGE CENTER NATIONAL.FOREST NATIONAL REFUGE ■ PARKS AND RECREATION PORT TOWNSEND UGA ■ FRST RES.EASED ND ■ RURALVILAGE CENTER RURAL FOREST-42 ■ RURALRES.1-10 RURAL RES.1-a) ▪ RURAL RES.1.5 UNKNOWN WASTE FACILITY HON RECMATION ▪ QUNAHILT RESERVATION . NATIONAL PARK • IIII FOR INFORMATIONAL PURPOSES ONLY- Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Mon Oct 27 13:30:42 2003 LOC, ITEM # Page 3 of http://gisserver/servlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=... 10/27/2003 g„sox co JEFFERSON COUNTY ter DEPARTMENT OF COMMUNITY DEVELOPMENT h 621 Sheridan Street 1p Port Townsend, WA 98368 szallotv Al Scalf, Director October 27,2003 DOUG MC RAE 5407 38TH AVE NW GIG HARBOR WA 983358235 RE: CASE#: MLA03-00591 LOCATION:Parcel number 821 334 073,in Section 33,Township 28, Range 01 East,WM,located at Port Townsend,WA 98368 Dear DOUG MC RAE: Jefferson County Department of Community Development staff have received the application materials for the above project proposal and have assigned your case to: Kevin Russell (360) 385-9406 E-mail: krussell @co.jefferson.wa.us Fax: (360) 379-4473 Please direct all questions to Kevin Russell and refer to MLA03-00591. If you need to speak with Kevin Russell in person, please call to schedule an appointment in order to ensure availability. Currently, planners have an average of 50 cases each. Review times vary depending on the type of application and how complete the application is upon submittal. For more information, please visit the Jefferson County Department of Community Development web page at www.co.iefferson.wa.us/commdevelopment/. Thank you. - Sincerely, e 1 aglin D:'ment of C• • u ity Development Staff O ç. 1\ c: File ®i WASHINGTON SHELL FISH INC DOUGLAS MCRAE 3824 41ST CT NW gage,,,,,, GIG HARBOR WA 98335 !� Building Permits/ Inspections Development Review Division Long Range Planning (360) 379-4450 FAX: (360) 379-4451 Cr CV H CD O O CJr LL CU — r = LL ` C.3 Ca H O CO H —3 Lrl L17 O oo C) -- -- CO `- O 0 ----- q- I CD — co O CO= C C0 — CT, �— J O O L 1-Nt1 M CC -CI -4--i CO CC O C:) O O O LJJ O = -I-' O) CO co -- _ — = — 1 N- C= — C� C) J J Z C F— 0 L CL = 1 C_) F— I— O ._.� O CO O7 CD CD CO D LJ7 O O CO C ) Cu CC -CI Ca LU O = = I 2 I- (v Co U, C7 C ) J C ) O co CL = CO C= = O H CO -- Co = C3) = >- Cu F- CO CO = CC O LJJ CO = C= C= LU J LJJ = LJJ CL CO CO CC LJJ C� CO LL Ct 0 -- CC — LJJ CD C `'� 0 L1J C= CC) CL Cu • = Ez C= C= Cr a) Cr O CO I— CC = O 0 J Cu = 0 L.LJ F- co = CL co F- C-3 co a: C_.3 LU CU C - LL = CO C= CC C ) I— CC L LI F- CD J = I— C= CO CL CO N- O CT, CC CO (D = = C= CD CD CO J O CL CO O 'Cr H CD CO I— C-1 +P C ) 0 U) CD = (Q - -I--J O Co O CO N- CO O N- .r CV . 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