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Regulatory Branch
DEPARTMENT OF THE ARMY
SEATTLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124-3755
January 4, 2017
Mr. Ron Allen and Mr. Jeremy Sullivan
Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe
1033 Old Blyn Highway
Sequim, Washington 98382
Reference: NWS -2016-1104
Jamestown S'Klallam Tribe
and Port Gamble S'Klallam
Tribe
(Point No Point
Aquaculture)
Dear Mr. Allen and Mr. Sullivan:
We have reviewed your application to cultivate Pacific oysters and Manila clams in Dabob
Bay, Hood Canal (DNR Lease #20-A11121 and 20 -Al 1283) near Quilcene, Jefferson County,
Washington. The project area is 67.8 acres with 60 acres in cultivation and 7.8 acres fallow.
Cultivation includes 25 acres oyster bottom culture, 25 acres oyster on -bottom flip bags, 10 acres
oyster suspended (tumble bag) culture, and 5 acres (overlapping with oyster bottom) clam
bottom culture. Based on the information you provided to us, the 2012 Nationwide Permit
(NWP) 48 for Commercial Shellfish Aquaculture Activities (Federal Register February 21, 2012,
Vol. 77, No. 34), authorizes your proposal as depicted on the enclosed drawings dated
November 22, 2016.
In order for this authorization to be valid, you must ensure the work is performed in
accordance with the enclosed NWP 48, Terms and Conditions and with the Services Biological
Opinions - National Marine Fisheries Service (NMFS) Biological Opinion (BO) and Errata dated
September 2, 2016 and September 30, 2016, respectively (NMFS Reference Number
01EWFW00-2016-F-0121), and U.S. Fish and Wildlife Service (USFWS) BO dated
August 26, 2016 (USFWS Reference Number OIEWFW00-2016-F-0121). The BOs contain
mandatory terms and conditions to implement the reasonable and prudent measures associated
with the specified "incidental take". You are also required to comply with the special conditions
listed below.
a. This U.S. Army Corps of Engineers (Corps) permit does not authorize you to take a
threatened or endangered species. In order to legally take a listed species, you must have a
separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit,
&A
or ESA Section 7 consultation Biological Opinion with non -discretionary "incidental take"
provisions with which you must comply). The Programmatic Biological Opinions for Shellfish
Activities in Washington State Inland Marine Waters (BOs) - the National Marine Fisheries
Service (NMFS) and Errata, dated September 2, 2016 and September 30, 2016, respectively
(NMFS Reference Number OIEWFWOO-2016-F-0121), and the U.S. Fish and Wildlife Service
(USFWS), dated August 26, 2016 (USFWS Reference Number 01EWFW00-2016-F-0121),
contain mandatory terms and conditions to implement the reasonable and prudent measures
associated with the specified "incidental take". The authorization under this Corps permit is
conditional upon your compliance with all of the mandatory terms and conditions associated
with incidental take of the BOs. These terms and conditions are incorporated by reference in this
permit. Failure to comply with the terms and conditions associated with incidental take of the
BOs, where a take of the listed species occurs, would constitute an unauthorized take, and it
would also constitute non-compliance with your Corps permit. The USFWS and NMFS are the
appropriate authorities to determine compliance with the terms and conditions of its BO and with
the ESA.
b. In order to meet the requirements of the Endangered Species Act (ESA) and Magnuson -
Stevens Fishery Conservation and Management Act (MSA), you must comply with the
conservation measures in the Programmatic Biological Opinions for Shellfish Activities in
Washington State Inland Marine Waters (BOs) - the National Marine Fisheries Service (NMFS)
and Errata, dated September 2, 2016 and September 30, 2016, respectively (NMFS Reference
Number OIEWFW00-2016-F-0121), and the U.S. Fish and Wildlife Service (USFWS), dated
August 26, 2016 (USFWS Reference Number 01EWFW00-2016-F-0121). These conservation
measures are included in the enclosed document, Enclosure 1, Conservation Measures for
Activities Covered under the Shellfish Activities Programmatic Consultation Biological
Opinions. If you cannot comply with these conservation measures, you must, prior to
commencing construction, contact the U.S. Army Corps of Engineers, Seattle District,
Regulatory Branch for individual ESA/MSA consultation. The USFWS and NMFS are the
appropriate authorities to determine compliance with the ESA.
We have also reviewed your project pursuant to the requirements of the National Historic
Preservation Act. We have determined this project complies with the requirements of this law
provided you comply with all of the permit general and special conditions.
The authorized work complies with the Washington State Department of Ecology's
(Ecology) Water Quality Certification (WQC) and the Coastal Zone Management Act (CZM)
requirements for this NWP. No further coordination with Ecology for WQC and CZM is
required.
Dabob Bay, Hood Canal is a water of the U.S. If you believe this is inaccurate, you may
request a preliminary or approved jurisdictional determination (JD). If one is requested, please
-3 -
be aware that we may require the submittal of additional information to complete the JD and
work authorized in this letter may not occur until the JD has been completed.
Our verification of this NWP authorization is valid until March 17, 2017, unless NWP 48 is
modified, reissued, or revoked prior to that date. If the authorized work has not been completed
by that date and you have commenced or are under contract to commence this activity before
March 18, 2017, you will have until March 18, 2018, to complete the activity under the enclosed
terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP
verification invalidates this authorization and could result in a violation of Section 404 of the
Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all
local, State, and other Federal permits that apply to this project.
You are cautioned that any change in project location or plans will require you to submit a
copy of the revised plans to this office and obtain our approval before you begin work.
Deviating from the approved plans could result in the assessment of criminal or civil penalties.
Please note we may need to reinitiate consultation with the NMFS and/or USFWS in order to
authorize any work not already included in the enclosed plans.
Thank you for your cooperation during the permitting process. We are interested in your
experience with our Regulatory Program and encourage you to complete a customer service
survey form. This form and information about our program is available on our website at
www.nws.usace.anny.mil, select "Regulatory Branch, Permit Information" and then "Contact
Us." A copy of this letter with enclosures will be furnished to Mr. Ralph Riccio, Jamestown
S'Klallam Tribe at 1033 Old Blyn Highway, Sequim, Washington 98382. If you have any
questions, please contact me at juliana.houghton@usace.army.mil or (206) 764-3768.
Sincerely,
IN NP, / =12 - I I I -
Juliana Houghton, Project Manager
Regulatory Branch
Enclosures
U.S. Army Corps of Engineers — Seattle District
Programmatic Endangered Species Act (ESA) and Magnuson -Stevens Fishery
Management Act Essential Fish Habitat Consultation Specific Project Inf
Shellfish Activities in Washington State Inland Marine Waters Version: Septi
Eligibility for Programmatic Consultation - to be filled out by Corps This �� T
application: COUNTY DCD
meets all of the requirements of this programmatic consultation JEFFERSON
does not meet all of the requirements of this programmatic consultation
If this application does not meet all of the requirements of this programmatic, the Corps may require a
biological assessment be prepared or may use this form to constitute a reference biological evaluation in
association with:
NMFS 1 reference: ESA Section 7 Formal Biological Programmatic Biological Opinion and MSA Essential Fish
Habitat Consultation for Shellfish Activities in Washington State, dated September 2, 2016 (WCR-2014-1502)
and Revised Incidental Take Statement (ITS) and Biological Opinion Errata, dated September 30, 2016.
USFWS2 reference: ESA Section 7 Formal Biological Opinion for Programmatic Consultation for Shellfish
Activities in Washington State Inland Marine Waters, dated August 26, 2016 (01 EWFW00-2016-F-0121)
Programmatic Activity: Shellfish Activities in Washington State Inland Marine Waters.
2. Action Area: This programmatic covers specific shellfish activities between the tidal elevations of mean
higher high water (MHHW) and -70 ft. mean lower low water (MLLW) in Willapa Bay, Grays Harbor,
Puget Sound, Hood Canal, and the Straits of Juan de Fuca and Georgia excluding the specific areas listed
below:
• all areas within 0.25 miles of snowy plover ESA designated foraging or nesting habitat, including but not
limited to Leadbetter Point in Pacific County and Copalis Spit in Grays Harbor County
• all areas within 200 ft. of any critical habitat for bird, land mammal, insect, or plant as either designated
or proposed under the ESA (e.g., Taylor's checkerspot butterfly habitat, streaked horn lark habitat).
3. Drawings and Photographs: Drawings and photographs must be submitted.
Drawings must include a vicinity map; and plan, profile, and cross-section drawings of the proposed activities
and structures; and over- and in -water structures on adjacent properties. One sheet must show (1) the
boundaries of the project area (area of ownership/lease) with latitude and longitude coordinates for each corner
of the project area (see appendix A for directions on establishing the latitude and longitude), (2) the name(s) of
the cultivated species and cultivation :nethodology(s), and (3) where any canopy predator nets are being used.
Also, include the acreage of the project area and acreage of the actual shellfish area and show the area(s) within
the project area where specific shellfish activities would occur and area(s) where shellfish activities would not
occur. The tidal elevations where shellfish activities would occur should also be shown. (For assistance with
the preparation of the drawings, please refer to our Drawing Checklist located on our website at
www.nws.usace.army.mil Select Regulatory — Regulatory/Permits — Forms.)
Include photographs showing the entire project area, including the shoreline, current overwater structures, and
location of the proposed project. The photographs should be taken at ground level and at low tide and should
show a panoramic view of the entire project area in the dry.
National Marine Fisheries Service
z U.S. Fish and Wildlife Service
Photographs should clearly show the presence or absence of vegetation and the substrate composition. Close up
photographs of the substrate and/or vegetation should be included if there are any areas of particular interest.
To most:accurately reflect vegetation distribution, photos should be taken at low tide during June 1 through
September 30.
4. .Date: November 3rd 2016
5. Corps Reference #:
6. Applicant name:
Ron Allen, Jamestown S'Klallam Tribe & Jeremy Sullivan, Port Gamble Tribe_
Mailing address: 1033 Old Blyn Hwy`
Phone: 360-681-4630
Email: —rriccio@jamestowntribe.org _
7
Authorized agent name:
Mailing address:
Phone:
Ralph Riccio
Email:
8. Shellfish grower name (if different from applicant):
Mailing address:
Phone: Email:
9. Location where proposed work will occur:
Address (street address, city, and county):
Waterbody: _Dabob Bay
/
' Section: Section _15-22 Township 27 North Range:1 West
Latitude and Longitude: 47.8386N, -122.809W to 47.8222N, -122.7946W
Tidal elevation: +6.5 to -3
Lease Number: 20 -Al 1121 & 20 -Al 128
10. Description of Work: Describe in detail what is being installed (e.g. shellfish species/structures). Include
cultivation area/dimensions and materials being used. Describe cultivation, maintenance and harvest
methods for each species. If using nets, provide description, including mesh size, length of time
installed, and acreage of coverage. Describe any fill material being placed (e.g., gravel or shell material).
Describe use of any nursery/grow-out structures. Attach additional pages as necessary.
On -Bottom Beach Oysters (Up to 25 acres) are oysters which are raised on tidal beaches with muddy, sandy
or rocky bottoms. Seed oysters (<l") are distributed over the substrate and involves staking down a mesh
predator net over the oysters to prevent the seed from being washed away or being consumed by predators. The
net is removed when the oysters reach a larger size, within 90-120 days. Nets will not be used on more than two
acres at any one time. Weather and UV exposure cause nets to degrade quicker, nets will not remain on the
beach longer than necessary. Most of the on -bottom beach oysters will be growing freely on the substrate with
no need for equipment. Oysters grow out for approximately 14 months, then are harvested by hand and placed
into oyster harvest bags. Oyster harvest bags are containers that can be lifted onto a vessel like a crab pot.
2
Surplus harvest will be brought to deeper areas of the parcel void of Zostera marina where it can be retrieved
by vessel at high tide. This will reduce the number of low tides workers will be present on the beach between
harvests.
• Species: Crassostrea gigas
• Location within lease area: See map
• Size of net and mesh: 15'x 50' with .5 inch mesh
• Density of nets, lines, cages, bags: 135 nets/acre
• The oyster seed will be secured with predator exclusion netting. The netting will be secured with 12-20 rebar
staples. The nets and staples will be situated at substrate level (+6.5 to -3 foot tide elevation) and will not be
exposed more than the original substrate elevation.
On -Bottom Flip Bags (Up to 25 acres) are used to grow oysters in mesh bags, which are attached to a line and
anchored to the substrate. Oysters will also grow out for either 14 months in the bags or be spread onto the
beach after reaching a larger size.
• Species: Crassostrea gigas
• Location within lease area: See map
• Size of net and mesh: .25 inch
• Density of nets, lines, cages, bags, etc.: 6,000 bags/acre
• Screw anchors are used to secure a rope to the bottom. Plastic mesh oyster bags are attached to the rope on one
side. The opposite side of the bag is raised above the substrate about 20 inches and will be exposed at
approximately a +2 foot tide elevation.
• Mesh bags filled with oyster seed are secured to the bottom using a line strung through a 'z inch PVC pipe with a
slit in it the long way to hold the bag closed. Metal screw anchors are used to hold the line of bags in place. The
bags must be flipped by hand at least twice a month to stop the oysters from attaching to each other and the
bag.
Suspended Tumble Oyster Culture: (Up to 10 acres) Bag culture oysters are grown in mesh cages or bags
which are generally staked about one to two feet off the bottom. This suspension method is usually done
horizontally and staked about one to two feet above the bottom in an intertidal region. Tumbled oysters are
raised in bags with floats on them and are periodically tumbled with normal tide exchange. This strengthens
their shells and adds firmness to the meat. It also adds a distinctive look to the shell as it becomes smoother
from tumbling. Species: Crassostrea gigas
• Location within lease area: See map
• Size of net and mesh: .25 inch
• Density of nets, lines, cages, bags, etc.: 6,000 bags/acre
• Bags with buoys are suspended off the substrate on a line, which is tied to posts. Screw anchors are used to
secure the line to the bottom. The posts which are made of metal or PVC are exposed 4 feet above the substrate.
The bags that hang on the lines are inverted, floating above the line at high tide and will be exposed at
approximately a +3 foot tide elevation.
Manila Clam Farming Methods: (Up to 5 acres) Seeding of manila clams will take place throughout the
property on any substrate at an elevation between one to six feet elevation. Seed will be spread on an incoming
tide and will be covered with 15x50 foot predator netting.
• Species: Manila clam Venerupis philippinarum
• Location within lease area: See map
• Size of net and mesh: 15'x 50' with .5 inch mesh
• Density of nets, lines, cages, bags: 135 nets/acre (no more than 3.5 acres of nets at any one time)
• The clam seed will be secured with predator exclusion netting. The netting will be secured with 12-20 rebar
staples. The nets and staples will be situated at substrate level (+4.5 to -0.5 foot tide elevation) and will not be
exposed more than the original substrate elevation.
11. Methodology: Describe methods and timing of work in more detail. Include site preparation, maintenance,
detailed description of the types of equipment and types of materials (e.g., PVC tubes, mesh tubes) being
used, and harvest techniques.
See project drawings
Dates
Duration of site visit
# People
Tidal Range for
Chemical treatments
(approx.
(#hrs/day/# days)
on
site visit
of shellfish or habitat?
range mo/yr)
site/day
Substance, dose,
i frequency, etc.)
Set up Year Round
4-8 hours/4-20 days
20
+4 to -2.5
None
Maintenance Year Round
4-8 hours/4-20 days
8
+1 to -2.5
None
Harvest Year Round
4-8 hours/4-20 days
20
+1 to -2.5
None
12. Description of how the area will be accessed (e.g., by shore or by vessel):
By Vessel -Launch skiff or other vessel from Kline Spit and travel via water to the parcel.
13. Mechanical Work: If you mechanically work (e.g., dredging, harrowing) please provide the following
information for the appropriate area covered by this SPIF:
a. Willapa Bay - how many acres will be mechanically worked per year?
b. Grays Harbor - how many acres will be mechanically worked per year?
c. North Puget Sound - how many acres will be mechanically worked per year?
d. Hood Canal - how many acres will be mechanically worked per year? ZERO
14. Forage Fish Habitat: Go to the Washington Department of Fish and Wildlife (WDFW) website for the
location of documented marine beach spawning habitat:
http://wdfw.wa.gov/conservation/research/projects/marine beach spawning/
4
Check box if WDFW documented habitat is present for these species at your site.
Surf Smelt: Pacific Herring: Sand Lance: X
For NEW' activities:
Attach a report from a qualified biologist' determining if the area has potential spawning habitat for sand lance
or surf smelt. The report should include (1) a description of the type of substrate present at the tidal elevations
where spawning typically occurs, (2) photos of the substrate, and (3) provide a determination of the suitability
of the substrate for spawning. Information on spawning requirements for these species is available at WDFW's
marine beach spawning website.
Check box if potential habitat is present for these species.
Surf Smelt: Pacific Herring: Sand Lance:
15. Vegetation: Are vegetated shallows (e.g., native eelgrass5 or kelp') present in the vicinity?
Yes: YES No: _
If yes, please briefly describe the location, distance to the project area, and approximate density in or adjacent to
the project area.
Eelgrass is a crucial marine vegetation providing many ecosystem functions. Several species require eelgrass to
thrive. No areas new to shellfish activities will be used for farming, but the Tribe has consulted with DNR's
stewardship department and will be ensuring that any aquaculture activities are in line with DNR's Protected
Natural Area program and the Dabob Bay reserve. In July 2016, the PNPTC performed a shellfish population
survey at that time Zostera marina was observed and an estimated delineation was noted. Zostera japonica was
also present, but at a slightly higher elevation. Aquaculture activities will avoid eelgrass patches with three or
more plants/turions. Though it was deemed allowable to farm in fallow areas with eelgrass, long lines will not
be used within eelgrass areas to prioritize the ecological value of eelgrass to the bay and greater marine
environment. Oyster farming efforts will be adapted to limit interaction with eelgrass. No activities will take
place within a 16 foot buffer of eelgrass patches of three plants/turions or greater. A map has been created
delineating estimated eelgrass presence. See project drawings.
If native eelgrass is present within an area new to shellfish activities, the eelgrass will be delineated and a
map or sketch prepared and submitted with this form. Surveys to determine presence and location of eelgrass
will be done during times of peak above -ground biomass: June -September. The following information must be
included to scale: parcel boundaries, eelgrass locations, and on-site dimensions, shellfish activity locations and
3 New activities are the specific footprint of those activities that were undertaken after March 18, 2007. Expansion of activities into a
new geographic footprint that had not previously been in commercial aquaculture is treated as a new footprint for the purpose of this
programmatic ESA consultation.
a For information on how to become an "approved biologist" for the purpose of conducting forage fish surveys, please contact
WDFW.
s Native eelgrass is Zostera marina.
6 Kelp is defined as rooted/attached brown algae in the order Laminariales.
5
dimensions. Guidance on delineating eelgrass is available in the Seattle District's Components of a Complete
Eelgrass Delineation and Characterization Report (May 2016).
If kelp is present within an area new to shellfish activities, please contact the Corps prior to conducting the
delineation for recommended kelp delineation methodology. Guidance is also provided in the Seattle District's
Components of a Complete Eelgrass Delineation and Characterization Report (May 2016).
Check box if an eelgrass/kelp delineation is attached: _. Yes
16. Fallow8 Areas with Eelgrass in Puget Sound and Hood Canal: In fallow areas that have been
colonized by eelgrass in Puget Sound and Hood Canal, no shellfish activities meet the requirements for this
programmatic consultation except for the use of oyster long lines (including lines with flip bags) spaced
laterally at 10 ft. intervals. See programmatic condition `30' below for additional details.
a. How many fallow acres with eelgrass are proposed to return to shellfish activities?
Zero
17. Berms and Dikes: New berms or dikes or the expansion or maintenance of current, authorized berms
or dikes are not covered under this programmatic. However, if you currently have berms or dikes, please
illustrate them on your drawings and provide the following information (attach more pages if necessary):
a. When were the dike(s) or berm(s) installed? NA
b. Describe the ongoing use of the dike(s) or berm(s): NA
c. Provide the position, length, and current condition of the berm(s) or dikes (s) NA
18. Programmatic Conditions: In order to meet all ESA requirements for this programmatic consultation, all
programmatic conditions listed below must he met. Check each condition that you will meet. Check each item
"not applicable" if they do not apply to your project. If you checked "will not meet" for any of the conditions,
you must complete the "Will Not Meet" section at the end of this document.
7 http://www.nws.usace.army.mil/Missions/Civil-Works/Regulatory/Forms/
B Fallow refers to areas that are periodically allowed to lie fallow as part of normal operations.
6
Will
Will Not
Not
PROGRAMMATIC CONDITIONS
Meet
Meet
Applicable
1. Gravel and shell shall be washed prior to use for substrate
X
enhancement (e.g. frosting, shellfish bed restoration) and applied in
minimal amounts using methods that result in less than 1 -inch
depth on the substrate annually. Shell material shall be procured
from clean sources that do not deplete the supply of shell bottom.
Shells shall be cleaned or left on dry land for a minimum of one
month or both before placement in the marine environment. Shells
from the local area shall be used whenever possible. Shell or
gravel material shall not be applied so that it piles onto the
substrate. Use of a split -hull (e.g., hopper -type) barge to dump the
material is prohibited.
2. For `new9' activities only, gravel or shell material shall not be
X
applied to enhance substrate for shellfish activities where native
eelgrass or kelp is present.
3. Turbidity resulting from oyster dredge harvest shall be
X
minimized by adjusting dredge bags to "skim" the surface of the
substrate during harvest.
4. Unsuitable material (e.g., trash, debris, car bodies, asphalt, tires)
X
shall not be discharged or used as fill (e.g., used to secure nets,
create nurseries, etc.).
5. For `new' activities only, shellfish activities (e.g., racks, stakes,
X
tubes, nets, bags, long -lines, on -bottom cultivation) shall not occur
within 16 horizontal feet of native eelgrass or kelp. If native
eelgrass or kelp is present in the vicinity of an area new to shellfish
activities, the eelgrass/kelp shall be delineated10 and a map or
sketch prepared and submitted to the Corps. Surveys to determine f
presence and location of eelgrass shall be done during times of
peak above -ground biomass: June—September. The following
information must be included to scale: parcel boundaries,
eelgrass/kelp locations and on-site dimensions, shellfish activity
locations and dimensions.
Will
Will Not
Not
PROGRAMMATIC CONDITIONS
Meet
Meet
I Applicable
9 New activities are the specific footprint of those activities that were undertaken after March 18, 2007. Expansion of activities into a
new geographic footprint that had not previously been in commercial aquaculture is treated as a new footprint for the purpose of this
programmatic ESA consultation.
10 For guidance see Corps' Seattle District Components of a Complete Eelgrass Delineation and Characterization Report (May 2016).
X
6. For `new' activities only, activities shall not occur above the f
tidal elevation of +7-ft. (MLLW) if the area is listed as
documented surf smelt" spawning habitat by WDFW. A map
showing the location of documented surf smelt spawning habitat is
available at the WDFW website. E
X
7. For `new' activities only, activities shall not occur above the
tidal elevation of +5-ft. (MLLW) if the area is listed as
documented sand lance spawning habitat by WDFW. A map
showing the location of documented sand lance 12 spawning habitat
is available at the WDFW website.
-- -
8. If conducting 1) mechanical dredge harvesting, 2) raking, 3)
_
X
harrowing, 4) tilling, leveling or other bed preparation activities, 5)
frosting or applying gravel or shell on beds, or 6) removing
equipment or material (net, tubes, bags) within a documented or
potential spawning area for Pacific herring 13 outside the
approved work window, the work area shall be surveyed for the
presence of herring spawn prior to the activity occurring.
C
Vegetation, substrate, and materials (nets, tubes, etc.) shall be
inspected. If herring spawn is present, these activities are
prohibited in the area where spawning has occurred until such time
as the eggs have hatched and herring spawn is no longer present. A
record shall be maintained of spawn surveys including the date and
time of surveys; the area, materials, and equipment surveyed;
results of the survey, etc. The Corps and the Services shall be
notified if spawn is detected during a survey. The record of spawn
surveys shall be made available upon request to the Corps and the
Services
9. For `new' activities only, activities occurring in or adjacent to
X
potential spawning habitat for sand lance or surf smelt shall
have a spawn survey completed by an approved biologist13 prior to
undertaking bed preparation, maintenance, and harvest activities if
work shall occur outside approved work windows for these species.
If eggs are present, these activities are prohibited in the areas where
spawning has occurred until such time as the eggs have hatched and
spawn is no longer present. A record shall be maintained of spawn
surveys including the date and time of surveys; the area, materials,
and equipment surveyed; results of the survey, etc. The Corps and
Services shall be notified if spawn is detected during a survey. The
record of spawn surveys shall be made available upon request to the
Corps and the Services.
1 Surf smelt are Hyomesus pretiosus.
1z Sand lance are Ammodytes hexapterus. 13
Pacific herring are Culpea pallasi
13 For information on how to become an "approved biologist" for the purpose of conducting forage fish surveys, please contact
WDFW.
Will Will Not Not PROGRAMMATIC CONDITIONS
Meet Meet Applicable
X 10. All shellfish gear (e.g., socks, bags, racks, marker stakes, rebar,
nets, and tubes) that is not immediately needed, or is not firmly
secured to the substrate, will be moved to a storage area landward
of MHHW prior to the next high tide. Gear that is firmly secured
to the substrate may remain on the tidelands for a consecutive
period of time up to 7 days. Note: This is not meant to apply to the
wet storage of harvested shellfish.
f
X 11. All pump intakes (e.g., for washing down gear) that use
seawater shall be screened in accordance with NMFS and WDFW
criteria. Note: This does not apply to work boat motor intakes (jet
pumps) or through -hull intakes.
X
X
I
12. Land vehicles (e.g., all -terrain, trucks) shall be washed in an
upland area such that wash water is not allowed to enter any
stream, waterbody, or wetland. Wash water shall be disposed of
upland in a location where all water is infiltrated into the ground
(i.e., no flow into a waterbody or wetland).
13. Land vehicles shall be stored, fueled, and maintained in a
vehicle staging area located 150 feet or more from any stream,
waterbody, or wetland. Where this is not possible, attach (1)
documentation as to why compliance is not possible, and (2) a copy
of a spill -prevention plan. A clean-up kit shall be maintained and
readily available on-site.
14. For boats and other gas -powered vehicles or power equipment
that cannot be fueled in a staging area 150 ft. away from a
waterbody or at a fuel dock, fuels shall be transferred in
Environmental Protection Agency (EPA) -compliant portable fuel
containers 5 gallons or smaller at a time during refilling. A
polypropylene pad or other appropriate spill protection and a funnel
or spill -proof spout shall be used in the event of a spill. A spill kit
shall be available and used in the event of a spill. All spills shall be
reported to the Washington Emergency Management Office at
(800) 258-5990. All waste oil or other clean-up materials
contaminated with petroleum products shall be properly disposed of
off-site.
..
15. All vehicles operated within 150 feet of any stream, waterbody,
or wetland shall be inspected daily for fluid leaks before leaving the
vehicle staging area. Any leaks detected shall be repaired in the
vehicle staging area before the vehicle resumes operation and
documented in a record that is available for review on request by
the Corps and Services.
-- ....--------- ...... _
X 16. The direct or indirect contact of toxic compounds including
creosote, wood preservatives, paint, etc. with the marine
environment shall be prevented. [This does not apply to boats.]
Will
Will Not
Not
PROGRAMMATIC CONDITIONS
Meet
Meet .[Applicable
X
17. All tubes, mesh bags and area nets shall be clearly, indelibly,
and permanently marked to identify the permittee name and contact
information (e.g., telephone number, email address, mailing
address). On the nets, identification markers shall be placed with a
minimum of one identification marker for each 50 feet of net.
18. All equipment, gear, and other structures including antipredator
X
nets, stakes, and tubes) shall be tightly secured to prevent them
from breaking free.
X
19. All foam material (whether used for floatation of for any other
purpose) must be encapsulated within a shell that prevents breakup
or loss of foam material into the water and is not readily subject to
damage by ultraviolet radiation or abrasion. Un -encapsulated foam
material used for current, on-going activities shall be removed or
replaced.
20. Tires shall not be used as part of above and below structures or
X
where tires could potentially come in contact with the water (e.g.,
floatation, fenders, hinges). Tires currently being used for
floatation shall be replaced with inert or encapsulated materials,
such as plastic or encased foam, during maintenance or repair of the
structure. j
X
21. At least once every three months, beaches in the project vicinity
shall be patrolled by crews who shall retrieve debris (e.g.,
antipredator nets, bags, stakes, disks, tubes) that escapes from the
project area. Within the project vicinity, locations shall be
identified where debris tends to accumulate due to wave, current, or
wind action. After weather events these locations shall be patrolled
by crews who shall remove and dispose of shellfish -related debris
appropriately. A record shall be maintained with the following
information and the record shall be made available upon request to
the Corps, NMFS, and USFWS: date of patrol, location of areas
patrolled, description of the type and amount of retrieved debris,
other pertinent information.
10
X
Will Not
Meet
Not
Applicable
22. When performing other activities on-site, the grower shall
X
routinely inspect for and document any fish or wildlife found
entangled. If fish are observed entangled, they shall be collected
entrapped or entangled in nets or other shellfish equipment,
and preserved in a freezer and the Central Puget Sound Branch
stranded behind berms or dikes, or stranded within pools
Chief in the NMFS' Lacey Office contacted to determine steps to
impounded by or around shellfish culturing equipment. In the
identify the species.
event that fish, bird, or mammal are found entangled or stranded,
24. Vehicles (e.g., ATV's, tractors) shall not be used within native
the grower shall: 1) provide immediate notice (within 24 hours) to
eelgrass beds. If there is no alternative for site access, attach a plan
WDFW (all species), USFWS/NMFS (all species) or Marine
describing specific measures and/or best management practices that
Mammal Stranding Network (marine mammals), 2) attempt to
shall be undertaken to minimize negative effects to eelgrass from
release the individual(s) without harm, and 3) provide a written and
vehicle operation. The access plan shall include the following
photographic record of the event, including dates, species
components: (a) frequency of access at each location, (b) use of
identification, number of individuals, and final disposition, to the
only the minimum vehicles needed to conduct the work and a
Corps and Services. Contact USFWS Law Enforcement Office at
description of the minimum number of vehicles needed at each
(425) 883-8122 or the Washington USFWS Office at (360)
visit, and (c) consistency in anchoring/grounding in the same
7539440 with any questions about the preservation of specimens.
Will
Meet
Will Not
Meet
Not
Applicable
PROGRAMMATIC CONDITIONS
23. Report lose cover nets regardless of whether fish were
X
entangled. If fish are observed entangled, they shall be collected
and preserved in a freezer and the Central Puget Sound Branch
Chief in the NMFS' Lacey Office contacted to determine steps to
identify the species.
X
24. Vehicles (e.g., ATV's, tractors) shall not be used within native
eelgrass beds. If there is no alternative for site access, attach a plan
describing specific measures and/or best management practices that
shall be undertaken to minimize negative effects to eelgrass from
vehicle operation. The access plan shall include the following
components: (a) frequency of access at each location, (b) use of
only the minimum vehicles needed to conduct the work and a
description of the minimum number of vehicles needed at each
visit, and (c) consistency in anchoring/grounding in the same
location and/or traveling on the same path to restrict eelgrass
disturbance to a very small footprint.
11
X l 25. Vessels shall not ground or anchor in native eelgrass or kelp
and paths through native eelgrass or kelp shall not be established.
If there is no other access to the site or the special condition cannot
be met due to human -safety considerations, attach a site-specific
plan describing specific measures and/or best management
practices that shall be undertaken to minimize negative effects to
eelgrass from vessel operation and accessing the shellfish areas.
The access plan shall include the following components: (a)
frequency of access at each location, (b) use of only the minimum
vehicles needed to conduct the work and a description of the
minimum number of vehicles needed at each visit, and (c)
I consistency in anchoring/grounding in the same location and/or
traveling on the same path to restrict eelgrass disturbance to a very
small footprint.
X 26. Unless prohibited by substrate or other specific site conditions,
floats and rafts (includes work and dive platforms)shall use
embedded anchors and midline floats to prevent dragging of
anchors or lines. Floats and rafts that are not in compliance with this
standard shall be upgraded to meet this standard during scheduled
maintenance, repair, or replacement or before the end of the term of
the next renewed authorization. [Note: Any alternative to using an
embedded anchor must be approved by the NMFS. ]
___...__._. ---
X 27. Activities that are directly associated with shellfish activities
(e.g., access roads, wet storage) shall not result in removal of native
riparian vegetation extending landward 150 ft. horizontally from
MHHW (includes both wetland and upland vegetation) and
disturbance shall be limited to the minimum necessary to access or
engage in shellfish activities.
X 28. Native salt marsh vegetation shall not be removed and
disturbance shall be limited to the minimum necessary to access or
engage in shellfish activities.
Will
Meet
Will Not
Meet
Not
Applicable
PROGRAMMATIC CONDITIONS
X
29. Intake or outfall structures used to connect upland wet storage
holding tanks shall be authorized, conditionally authorized, or i
specifically exempted by, or otherwise in compliance with
regulations issued under the National Pollutant Discharge
Elimination System Program (NPDES).
AREA -SPECIFIC PROGRAMMATIC CONDITIONS
12
X
30. Puget Sound and Hood Canal only: For fallow" areas that
have been colonized by eelgrass, only oyster long lines spaced
laterally at 10 ft. intervals shall be used. Flip bags, if used, must be
suspended above the substrate so they do not rest on substrate at low
tide. No other culture method shall be used in fallow areas
colonized by eelgrass. Further, with the exception of mechanized
long -line harvest, no mechanized activities shall occur in fallow
areas colonized by eelgrass. This does not apply to fallow areas in
Willapa Bay or Grays Harbor.
X
31. North Puget Sound only: Mechanical dredge harvest and
harrowing shall not be conducted in between April 1 and
August 31.
32. The placement of gravel or shell directly into the water column
X
(i.e., graveling or frosting) shall not be conducted between
February 1 and March 15 in designated critical habitat" for
Hood Canal summer -run chum salmon.
33. Hood Canal summer -run chum salmon designated critical
X
habitat: Between February 1 and April 30, shellfish planting and
harvesting shall not occur within 15 feet waterward of the waterline
(tideline) to protect juvenile chum salmon. In addition, shellfish
activities which increase turbidity in the nearshore water (e.g.,
geoduck harvest) shall not occur at all during this timeframe.
EXCLUDED ACTIVITIES UNDER THIS PROGRAMMATIC
34. Vertical fencing/vertical nets or drift fences includes oyster
X
corrals) are not covered and shall not be used.
X
35. New berms or dikes or the expansion or maintenance of current,
authorized berms or dikes is not covered under this programmatic.
Installation, expansion, or maintenance of berms or dikes shall not
occur.
36. Installation of new piles or maintenance to piles of any kind are
X
not covered under this programmatic and shall not occur. [An
additional, separate form is required for installation or
maintenance to piles.]
PROGRAMMATIC CONDITIONS
Will
Will Not
Not
Meet
Meet
Applicable
X
37. Mooring buoys shall not be installed or maintained. [An
additional, separate form is required for installation of mooring
buoys. ]
is Fallow refers to areas that are periodically allowed to lie fallow as part of normal operations.
is Critical habitat for Hood Canal summer -run chum salmon occur in Hood Canal and the Strait of Juan de Fuca marine areas in
Clallam, Jefferson, Kitsap, and Mason Counties. Exact locations and excluded areas are described at:
http://www. westcoast.fisheries.noaa.gov/publications/f-n/2005/70fr52739.pdf
13
X
38. Cultivation of new species of shellfish not previously
cultivated in the action area is not covered under this programmatic
and shall not occur.
39. Installation or maintenance of attendant features, such as
X
docks, piers, boat ramps, stockpiles, or staging areas are not
covered by this programmatic and shall not occur. [Additional
forms may be available that address attendant features, please
coordinate with Corps prior to submitting.]
X
40. Deposition of shell material back into waters of the United
States as waste is not covered and shall not occur.
X
41. Dredging or creating channels so as to redirect fresh water flow
is not covered under this programmatic and shall not occur.
X
42. Installation of "new" rafts is not covered under this
programmatic and shall not occur.
X
43. Expansion of continuing rafts is not covered under this
programmatic and shall not occur.
44. Installation of "new" or the relocation or expansion of
FLUPSYs or floats is not covered under this programmatic and
X
shall not occur.
45. The use of materials that lack structural integrity in the marine
environment (e.g., plastic children's wading pools) is not covered
X
under this programmatic and shall not occur.
X
46. The activities being authorized by this action shall not involve
the use of pesticides or herbicides during the time of this
authorization.
14
If the applicant has checked "Will Not Meet" for any of the above conditions, or there are associated project]
activities or equipment not covered by this Programmatic Consultation, or new species and/or critical habitat
is not covered under this Programmatic Consultation, then this section must be completed and the applicant
must sign below.
Please contact the Corps if you have questions.
1. List the programmatic conditions that you will not meet and explain for each one why you can't meet
the condition of this programmatic consultation.
NONE
2. List the associated project activities not covered by this Programmatic Consultation. Examples include
new rafts, mooring buoys, or temporary use of sand bags. Attach an addendum to address these activities. You
may require the assistance of a qualified biologist to prepare the addendum. Note: Some types of activities,
such as mooring buoys, may have a specific project information form that can be used in combination with this
form.
NONE
3. How have you minimized impacts? Describe additional conservation measures or mitigation you are
proposing. (Note: You may need to prepare and attach an addendum that includes an effect analysis. You may
require the assistance of a qualified biologist to prepare the addendum.
The grower will not grow in fallow areas with eelgrass present. Eelgrass areas will be avoided.
15
I f
DEPARTMENT OF THE ARMY
r SEATTLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124.3755:
SEPLY TO
ATT ENI 'iON OF -
Reg,ulatory Branch OCT 3 0 2012
!�1�?
jEFFERS04 GOU"TY DCD
Mr. Eiichi Yamashita
Western Oyster Company
902 Fast Allison 5txeet
Seattle, Washington 9810.2
Reference: NWS -2007-1410
Western Oyster Company
(DNR Leases 20-A1 1283
and 20 -Al 1121)
Tear Mr. Yamashita:
We have reviewed your application to continue an existing aquacultm•e operation on 2 DNR
tideland leases in Dabob Bay near Q jilcene, Jef-fi=on County, Washington. The.operation
consists of 44.3 acres of Manila clams (Venerupis phiUppinarion) and Pacific oysters
(Crossostrea gfgcas). Based on the information you provided to us, Nationwide Permit (NWP)
48, Commercial Shellfish Aquaculture,lctivities (Federal. Register February 21, 2012, Vol. 77,
No. 34), authorizes your operation as depicted on the enclosed drawings dated February 19,
2010.
In order for this authorization to be valid, you must ensure the work is performed in
accordance with the enclosed llrutionwide Perish 48, T emirs and Conditions. You rust also
implement and abide by the enclosed Special Conditionsfor Commercial Shellfish Aguaculfure
Aciivilies, Failure to: comply with all applicable terms and conditions will invalidate your
authorization and could result in a violation of Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and FIarbors Act.
This authorization is valid until March 18, 2017, Curless NW 48 is modified, reissued, or
revoked prior to this date. If You intend to continue commercial shellfish aquaculture operations
after March 18, 2017, it your responsibility to submit an application for reauthorization prior
to this expiration date.
If you plan to expand your operation into a new area or an area of your lease in which there
has been no previous aquaculture activity, you need to obtain separate authorization priortp
undertaking those activities. In addition, if you plan to change the cultivation or harvesting
method or the species cultivated in your existing operation, you will need to submit revised pians
We have reviewed your project pursuant to the requirements of the Endangered Species Act,
the Magnusoi3-Stevens Fishery Conservation and Management Act, and the National Historic
Preservation: Act. We have determined this project complies with the requirements of these laws
provided you comply with. all terms and conditions of this authorization. Your project also
complies with the Washington State Department of Ecology's (Ecology) Water Quality
Certification and the Coastal Zone Management Act requirements for this NWP. No further
coordination with Ecology is required.
Puget Sound is a water of the United States. if you believe this is inaccurate, you may
request a preliminary or approved jurisdictional determbiation (11)). If you do request a
jurisdictional determination, please be aware that we may request additional information front
you to complete the 3D and that the work authorized in this letter may not occur -until the JD has
been completed.
Thank you; for your cooperation during the permitting process. We are interested in your
experience with our Regulatory Program and.encourage you to complete a customer service
survey form. This formand information about our program is available on our website at
h :HwNvw.nws.usace.arin.n iI/Missions/CitvilWorks/..Re,relator .as x. lfyou have.any
questions, please contact our office at (206) 764-3495
47" 50'21" N
122° 48'31"W
mean low water 2.9'
Dabob Bay
t
9
Records of Survey
are depicted
Extreme Low Tide -4.0'
total area = 67.8 acres
natural regeneration of clams and oysters
are located across the entire parcel
from the outer boundary at extreme low
water to mean low water +2.9'
Pacific Oysters = 44.3 acres
Manila Clams = 44.3 acres
W�sMNs P
r
Western Oyster Company
DNR Long Spit Lease
Lease #20-011121
Lease #20-011283
Jefferson County
Sections 15, 16, 22 T27N R1 W
2/17/2011
Scale: 1" = 700'
I
me
Inder line
4 i kh section 15
tN
MHHW 12.4'
section 22
j. 47° 49' 20" N
122° 47'40"W
access is 2,300' South
road to the beach from
Camp Discovery
section 16
VINZ
t
9
Records of Survey
are depicted
Extreme Low Tide -4.0'
total area = 67.8 acres
natural regeneration of clams and oysters
are located across the entire parcel
from the outer boundary at extreme low
water to mean low water +2.9'
Pacific Oysters = 44.3 acres
Manila Clams = 44.3 acres
W�sMNs P
r
Western Oyster Company
DNR Long Spit Lease
Lease #20-011121
Lease #20-011283
Jefferson County
Sections 15, 16, 22 T27N R1 W
2/17/2011
Scale: 1" = 700'
I
me
Inder line
4 i kh section 15
tN
MHHW 12.4'
section 22
j. 47° 49' 20" N
122° 47'40"W
access is 2,300' South
road to the beach from
Camp Discovery
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