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HomeMy WebLinkAbout30 2015-06-03JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Memo To: Carl Smith, DCD Director From:Your Name] G0. cc: Anna Baucher, Assistant Planner Date: June 3, 2015 Re: COM??-00??? Squamish Harbor/Shine Road Aquaculture (Geoduck) Aquaculture Review under Jefferson County Shoreline Master Programs Under the Jefferson County Shoreline Master Program (SMP) adopted in 1989, including subsequent revisions, aquaculture permitting was not required by the Department of Community Development(DCD). Any aquaculture proposal that was approved by the U.S. Army Corps of Engineers (Corps) or the Washington Department of Fish and Wildlife (WDFW) prior to the effective date of the current SMP February 21, 2014) is considering to be a non-conforming use or development (i.e., the proposal conformed to Jefferson County regulations at the time of federal and/or state permitting, but no longer complies with the current SMP). Any aquaculture activity that was not permitted by the Corps and/or WDFW prior to February 21, 2104 is subject to the current SMP permitting requirements. Squamish Harbor Aquaculture DCD has received complaints from property owners in the vicinity of Shine Road, which is adjacent to Squamish Harbor. The complaints include, but are not limited to, placement of unpermitted geoduck tubes in the tidelands, dislodged geoduck tubes deposited along the shoreline after heavy storms, and unpermitted alteration of adjacent riparian habitats. DCD has been in contact with the Corps because this agency has also received complaints from the residents in the vicinity of Shine Road and Squamish Harbor. Conversations between DCD and the Corps indicates that the Corps will be going to the project area this summer to see if one of the permittees BDN) has installed geoduck tubes outside of area permitted and to determine if adjacent riparian areas have been altered. Aquaculture activities approved by applicable state and federal permitting agencies prior to February 21, 2014 would be considered conforming under the current SMP. However, any activities beyond what was LOG ITEM 1$ Page s of approved by federal and/or state agencies as well as any new aquaculture development would be required to comply with the current SMP. The shoreline designations for the segment of the shoreline where the geoduck tubes were placed are aquatic below ordinary high water mark(OHWM) and single- family residential above OHWM. Based on these designations, geoduck aquaculture would be permitted as a conditional use permit(Conditional discretionary) and would be subject to the regulatory requirements of JCC 18.25.440. The aquaculture regulations allow for ongoing maintenance, harvest, replanting, and restocking of cultivated species under JCC 18.25.440(4). This section also states that any expansion of the farm area by more than 25 percent requires a new permit. Based on this, any expansion of more than 25 percent beyond what was legally permitted by other regulatory agencies on February 21, 2014 would require a pre-application meeting and a conditional use permit from DCD. Coordination with the Corps will be required to determine the amount, if any, of geoduck aquaculture expansion that has occurred in Squamish Harbor beyond what was permitted by that agency. LOG ITEM 1`62Pagev of?