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HomeMy WebLinkAbout33 2015-09-21Anna Bausher From: Mraz, Richard A. (ECY) <rmra461@ECY.WA.GOV> Sent: Monday, September 21, 2015 10:51 AM To:Carl Smith Cc:Anna Bausher; Donna Frostholm; David Alvarez; Kingsbury, Lori (ECY); Hanlon, Erin ECY); Lund, Perry (ECY) Subject: RE: BDN geoduck farm Hi Carl, Thanks very much for the detailed reply. As a part of our Section 401 review, Ecology must deteunine consistency with the Coastal Zone Management Act (making consistency with SEPA and the Shoreline Management Act relevant). Your reply is helpful in this regard. Rick etaz,PWS Wetlands/Shorelands Specialist Shorelands and Environmental Assistance Program Southwest Regional Office 360)407-6221 rmra461@ecij.wa.gov From: Carl Smith [mailto:CSmith@co.jefferson.wa.us] Sent:Tuesday, September 15, 2015 11:40 AM To: Mraz, Richard A. (ECY) <rmra461@ECY.WA.GOV> Cc:Anna Bausher<ABausher@co.jefferson.wa.us>; Donna Frostholm <DFrostholm@co.jefferson.wa.us>; David Alvarez DAlvarez@co.jefferson.wa.us> Subject: RE: BDN geoduck farm Hello Rick: Regarding your question about what permitting the County may have done for the BDN LLC geoduck project, after thoughtfully considered this issue in light of the past and current shoreline master programs, and in consultation with County legal counsel, DCD's position is that the BDN proposal is not subject to County permitting per our policy as follows: The County's current Shoreline Master Program (SMP) became effective on February 21, 2014. Prior to this time, no County permits were required for geoduck operations in areas covered by the County's SMP. Nor were other types of County permits, such as building permits or land use approvals, required for what BDN Shellfish proposes to do. Any new geoduck project proposed after 2/21/14 will be subject to the current SMP and will require a Shoreline Substantial Development Permit(SDP). A possible exception is an expansion of an existing geoduck project that does not exceed 25%of the initially permitted size of the facility or farm, per JCC 18.25(4)(b)(i). For any new proposed geoduck projects that predate the new SMP and have a verifiable "measuring date" consisting of a documented permit application, such as a submitted JARPA application will be considered "grand-fathered" under the prior SMP. This is to recognize the applicant complied with the County code at the time (no permit was required) and therefore acted in "good faith." The County revokes any earlier interpretations regarding this issue. Thanks, Carl LOG ITEM 1 Page t of 2 From:Anna Bausher Sent:Tuesday, September 15, 2015 11:19 AM To: Carl Smith<CSmith@co.jefferson.wa.us> Subject: FW: BDN geoduck farm Anna Bausher Assistant Planner,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend, WA 98368 Phone 360-379-4454 * Fax 360-379-4451 abausher@co.jefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection)of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Mraz, Richard A. (ECY) [mailto:rmra461@ECY.WA.GOV] Sent: Friday, September 04, 2015 2:14 PM To:Anna Bausher<ABausher@co.jefferson.wa.us> Cc: Kingsbury, Lori (ECY)<Ioch461@ECY.WA.GOV>; Donna Frostholm <DFrostholm@co.jefferson.wa.us> Subject: BDN geoduck farm Hi Anna, I'm in the process of reviewing an application for a Section 401 water quality certification for a proposed geoduck farm on five parcels in Jefferson County (Hood Canal tidelands). The applicant is BDN LLC Geoduck. Part of our review includes determining what the local government has issued related to SEPA and shoreline permits. Can you provide me with information in this regard? Thanks. Ack et't«z,PWS Wetlands/Shorelands Specialist Shorelands and Environmental Assistance Program Southwest Regional Office 360)407-6221 rmra461@ecij.wa.gov LOG ITEM 21 2 Page Zof 2