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HomeMy WebLinkAbout036 Application SubmittalFrom: Ken Sheppard <KSheppard@sksp.com> Sent: Thursday, October 22, 2020 3:39 PM To: Donna Frostholm Cc: Philip Hunsucker Subject: RE: MLA19-00036 BDN Additional Information Request Attachments: BDN001R10-20 - Permit Application Signed.pdf; BDN002R10-20 - Permit Application - Shoreline Supp Signed.pdf; BDN003R10-20 - Project Drawing.pdf; BDN004R10-20 - Site Plan.pdf; BDN005R10-20-SEPA AA Checklist.pdf; BDN005R10-20-SEPA Add M-1 - Parcel 970200001.pdf; BDN005R10-20-SEPA Add M-2 - Parcel 821344064.pdf; BDN005R10-20-SEPA Add M-3 - Hicks Park.pdf; BDN005R10-20-SEPA Add M-4 - Shine Boat ramp.pdf; BDN005R10-20-SEPA Add M-5 - Stormwater Packet 970200001.pdf; BDN005R10-20-SEPA Add M-6 - Stormwater Packet 821344064.pdf; BDN006R10-20- JARPA.pdf; BDN007R10-20 - Biological Evaluation MSA 10-28-13, rev 9-30-20.pdf; BDN008R10-20 - BDN_Smersh BE Addendum-update 10-2020.pdf; BDN009R10-20 - BDN_CumulativeImpacts_update 10-2020.pdf; BDN010R10-20 - BDN_Smersh_2018EelgrassBedReverification.pdf; BDN011R10-20 - BDN_SmershCUP_NoNetLoss_update 10-2020.pdf; BDN012R10-20 - BDN_SmershCUP_Visual_update 10-2020.pdf; BDN013R10-20 - COE Permit NWP 48 12-19-16.pdf; BDN014R10-20 - COE Permit NWP 48 Supp 1-3-17.pdf; BDN015R10-20 - COE Permit NWP 48 8-22-17.pdf; BDN016R10-20 - WDOE Approval 1-6-17.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello Donna – Attached please find updated versions of the documents submitted in connection with the above matter. The versions of the documents have all been updated with filenames that correspond to earlier submissions, but with the addition of “R10-20 to indicate that they are the most recent versions of these documents from October 2020. The .pdf versions of these documents total less than 13 MB, so it should be possible to transmit them all with this email. Please confirm to me that they have been successfully received (BDN001- BDN016). We are happy to provide hard copies if desired – just let me know. The documents have been revised, as needed, to remove all references to the use of mesh tubes or area netting, since only PVC tubes will be used on the project, and no area netting, rebar or other anchors will be used. Some of the documents did not require any revision, but in order to be sure that we are all looking at the same, and latest, versions of the application package, I have assigned the same”R10-20” suffix to each one. Unless I have missed something, we should not have to be looking at any earlier versions or other documents that do not have the “R10-20” designation. This should avoid any confusion or inconsistencies. Hopefully , we are now at a point to move this matter along in a timely fashion. Please let me know if you require anything further from us. Oct 22 2020 Log Item 36 Page 1 of 218 Ken Sheppard Kenneth A. Sheppard Simburg, Ketter, Sheppard & Purdy, LLP 999 Third Ave., Suite 2525 Seattle, WA, 98104 (206) 382-2600 Fax: (206) 223 3929 www.sksp.com - CONFIDENTIALITY NOTE - The information contained in this electronic file is confidential information intended only for the use of the individual or entity named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this facsimile is strictly prohibited. If you have received this email in error, please immediately notify us by telephone or return email. Thank you. ***Email may be considered a public record subject to public disclosure under RCW 42.56*** Log Item 36 Page 2 of 218 Oct 22 2020 Log Item 36 Page 3 of 218 Log Item 36 Page 4 of 218 Oct 22 2020 Log Item 36 Page 5 of 218 Log Item 36 Page 6 of 218 Oct 22 2020 Log Item 36 Page 7 of 218 Site Plan - BDN LLC Geoduck Farm Oct 22 2020 Log Item 36 Page 8 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 1 of 22 SEPA ENVIRONMENTAL CHECKLIST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use “not applicable” or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements –that do not contribute meaningfully to the analysis of the proposal. A. Background [HELP] 1. Name of proposed project, if applicable: BDN, LLC Geoduck Farm 2. Name of applicant: Oct 22 2020 Log Item 36 Page 9 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 2 of 22 BDN, LLC 3. Address and phone number of applicant and contact person: BDN, LLC 3011 Chandler Street Tacoma, WA, 98409 Contact person: Brad Nelson, (253) 377-3353 4. Date checklist prepared: February 2, 2019, Amended through May 19, 2020 5. Agency requesting checklist: Jefferson County Dept. of Community Development 6. Proposed timing or schedule (including phasing, if applicable): Construction of Project to begin immediately upon issuance of Jefferson County Shoreline Conditional Use Permit. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. There is no currently planned expansion beyond the areas and activities described in this document. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A. Biological Evaluation, Marine Surveys and Assessments – 10-28-13 (See Attachment s A1 and A2) B. BDN Eelgrass Deliniation and Depth of Culture Survey, Confluence Environmental Company – 10-16-15 (See Attachment B1) and Eelgrass Reverification -7-9-18 (See Attachment B2.) C. BDN Smersh Farm Visual Assessment‐ 2019, Confluence Environmental Company – October, 2019 (See Attachment C.) D. BDN Smersh Farm Cumulative Impacts Report, Confluence Environmental Company – June, 2018 (See Attachment D10) and Addendum – October, 2019 (See Attachment D2.) Log Item 36 Page 10 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 3 of 22 E. BDN Smersh Farm Habitat Management Plan and No Net Loss Report - Confluence Environmental Company – October, 2019 (See Attachment E.) F. U.S. Army Corps of Engineers – Seattle District, Programmatic Endangered Species Act (ESA) and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation Specific Project Information Form for Shellfish Activities in Washington State Inland Marine Waters – November 1, 2016. (See Attachment G.) H. Letter from Robert Smith to David Greetham, dated March 29, 2017, and attached Materials. (See Attachment H.) I. BDN Aquaculture Gear Management Plans, (See Attachment I1, 2016 Plan, and Attachment I 2, Revised 2019 Plan.) J. BDN Addendum M-1 – Use of Upland Parcel 970200001 Rev. 3/31/20 (See Attachment M-1) K. BDN Addendum M-2 – Use of Upland Parcel 821344064 Rev. 3/31/20 (See Attachment M-2) L. BDN Addendum M-3 – Use of Hicks Park. 3/31/20 (See Attachment M-3) M. BDN Addendum M-4 – Use of Shine Boat Ramp. 3/31/20 (See Attachment M-4) N. BDN Addendum M-5 – Small Stormwater Packet, Parcel 970200001, 3/31/20 (See Attachment M-5) O. BDN Addendum M-6 – Small Stormwater Packet, Parcel 821344064, 3/31/20 (See Attachment M-6) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Other than any applications that may be required in connection with related upland parcels 970200001 and 821344064, We know of no other pending applications directly affecting the property covered by our Proposal. 10. List any government approvals or permits that will be needed for your proposal, if known. We have previously received the following government approvals, which are the only additional approvals we understand are needed for this project: A. U.S. Army Corps of Engineers approval under Nationwide Permit (NWP) 48, Log Item 36 Page 11 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 4 of 22 Commercial Shellfish Acquaculture Activities, dated December 19, 2016. (See Attachments J1, J2 and J3.) B. State of Washington Department of Ecology Letter dated January 6, 2017 confirming that water quality concerns for the Project are adequately addressed and an Individual 401 certification will not be required. (See Attachment K.) C. Any approvals required by Jefferson County for the use of upland parcesl 970200001, 821344064, Hicks Park and Shine Boat Ramp. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) BDN proposes to cultivate Pacific geoduck (Panopea generosa). The planting area will consist of approximately 5.15 acres, generally between approximately +2 ft. MLLW and a 5-meter (16.4 ft.) buffer of the native eelgrass (Zostera marina) bed edge, located between approximately -1MLLW and -2 MLLW. To protect geoduck seed from predators, PVC tubes 4” in diameter by 10" long will be manually placed in the substrate at low tide, while the tidelands are exposed, before any geoduck seed is planted. The tubes are inserted into the substrate such that at least half of the tube is below the substrate and the remainder is above it. A low pressure water hose may be used to loosen the substrate sufficiently to properly insert the tubes. Tubes will be spaced at approximately one tube per square foot in the planting area. Only 3”-5" of the tubes will be exposed above the substrate. Tubes will be labeled with contact information for BDN. 12-25 workers will work to insert these PVC tubes during each approximately 5-hour shift. This will allow for approximately 6,000-10,000 tubes to be placed per day. Geoduck seed will then be obtained from a certified hatchery and typically planted in the installed PVC tubes when 4-5 mm in size. The juvenile geoducks will be placed in the installed tubes by divers during times when the tubes are submerged. No water jets will be used during placement of the seed in the PVC tubes. The PVC tubes will be covered with a mesh cap and secured with UV-resistant rubber bands after the seed has been planted. Planting will begin in spring and continue through fall. Planting activities will occur once per year, typically in June or July, over a period of 20-25 days. No netting will be installed over the tubes, and no rebar or other materials will be used in connection with the planting maintenance or harvest activities. The installed PVC tubes are very resistant to dislocation during severe weather, or from geoduck movement and activity, so no securing nets are necessary. Any dislodged tubes do not float, and thus tend to remain on or near the tract even if dislodged, where they can be retrived by regular beach inspections. No fill materials or other nursery/grow-out structures will be installed on the site. The project may result in the removal of non-native Japanese dwarf eelgrass (Z. japonica) located in the proposed planted area. Site inspections will be made weekly, or more frequently if needed due to adverse weather or citizen complaints, to ensure that PVC tubes have not become dislodged. BDN has implemented an aquaculture gear maintenance plan, appended as Attachment I-2, to address potential gear escapement and to facilitate quick recovery of any gear displaced by storm activity. Site inspections will be generally conducted by 2-4 BDN employees walking the Log Item 36 Page 12 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 5 of 22 tidelands and surrounding areas at low tide. Site maintenance will also include monitoring and relocation of built-up drift microalgae (e.g. Ulva). If low tide periods occur at night, these workers may use individual LED headlamps for such inspection and maintenance work. If any maintenance work is required, this will be performed by as many as four people, but should typically require no more than 1 hour for each such maintenance event. No vessel operations will take place at night. Two years after planting, when the geoducks have reached a depth sufficient to avoid predators, beach workers will remove the tubes by hand at low tide. Consistent with Corps requirements, if any herring spawn is found on the PVC tubes, they will not be removed until the eggs have hatched. The tubes will be placed in large bags and removed for reuse or proper upland disposal. Usually, harvesting will begin between five and six years after planting; the exact timing of harvesting will depend on a variety of environmental and economic factors. The total harvest window is expected to be 1-2 years. The majority of harvesting will be conducted at high tides by divers using surface-supplied air. A small amount of beach harvesting will be conducted during the "cleanup" harvest phase at the end of the harvesting period when there are fewer geoducks remaining on the beach. Both dive harvests and beach harvests use the same extraction equipment. A diesel or gasoline engine located on the work skiff is used to power a water jet nozzle that loosens the substrate around each geoduck. The engine will have a muffler to minimize noise impacts. The water intake hose will include a 2.36 mm wire mesh screen covering the intake to prevent fish entrainment in the low-pressure pump. The water jet nozzle is at the end of an approximately 150' long, 1.5" delivery hose. The nozzle is approximately 27" long and may supply up to 20-30 gallons of water per minute at 40 psi After geoducks are removed from the substrate as described above, they will be stored in crates located on the work skiff prior to transport off-site. During both dive and beach harvesting, the work skiff will not be anchored in any native eelgrass beds. Dive harvests will be conducted during daylight hours. Divers work within a 150' radius of the work skiff at depths of 5' to 20' using surface supplied air. The vessel engine will be turned off while divers are working for diver safety. When beach harvesting, the skiff is regularly moved so that it always remains near the water's edge. Water hoses are then run from the skiff to the beach. Dive harvests will employ 1 diver and 2 support workers in the skiff. Dive harvesting will usually last for 3-to 6 hours each harvest day. Beach harvests will employ 2 workers on the beach and 2 support workers on the skiff. Harvesting activities at this location will occur only during daylight hours, over a period of about 5 hours per day, averaging 3-4 harvest days per week during the one to two year harvest period. BDN will comply with Corps' conditions associated with herring, surf smelt, and sand lance spawning. For related use of upland parcels 970200001 and 821344064, Hicks park, and Shine Boat Ramp, see Addendum M-1 through M-6 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Log Item 36 Page 13 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 6 of 22 Address: 1160 Shine Road, Port Ludlow, WA, 98365 Waterbody: Squamish Harbor 1/4 Section: NW Section, 03 Township, 27N Range 01E Latitude: 47.865575-47.866644 Longitude: 122.661410 - 122.66364 Tidal elevation: Between -2 and +2 MLL W B. Environmental Elements [HELP] 1. Earth [help] a. General description of the site: (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: Gently Sloping Tidelands (Note: See Addendum M-1 through M-6 for description of related upland parcels) b. What is the steepest slope on the site (approximate percent slope)? Approximately 1% slope. The site slopes about 4 feet over its approximately 400 foot width, from +3 MLLW to -2 MLLW. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Substrate at the Smersh site consists mainly of well‐sorted, clean, sand with an adjacent sandy, gravelly beach. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. There is no proposed filling, excavation or grading. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Log Item 36 Page 14 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 7 of 22 No impervious surface will be created as part of this project. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: No erosion is anticipated so no erosion control measures will be implemented. 2. Air [help] a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. The only anticipated emissions will be from engines and pumps on one small harvest vessel (under 40’) or from skiff mounted engine-driven pumps when dive or beach harvesting is occurring on the project. Usually, harvesting will begin between four and seven years after planting, but the total harvest window is expected to be 1 year. Dive harvests will be conducted only during daylight hours. Vessel engines will be turned off while divers are working for diver safety. When beach harvesting, a skiff with a gasoline powered pump will be used to provide water for extraction. Dive harvesting will usually last up to 5 hours each day, and beach harvesting will be done only in a low tide window of 3 hours or less. Thus, the emissions from the use of no more than two small gasoline or diesel engines associated with harvesting should not have a significant impact on air quality in the vicinity of the project. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None that are known to applicant c. Proposed measures to reduce or control emissions or other impacts to air, if any: Not applicable. 3. Water [help] a. Surface Water: [help] 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The Project area consists of Squamish Harbor saltwater tidelands that are exposed and covered on a daily basis. Shine Creek, a freshwater creek, is approximately 1.5 miles to the west. A small un-named stream enters Squamish Harbor near the project site. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. See A. 11. above, which describes the nature and extent of all work to be performed at the site, all of which would be within 200 feet of all described waters except for Shine Creek. Log Item 36 Page 15 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 8 of 22 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. There is no proposed filling, excavation or grading. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Yes, being tidelands, the site lies withing the 100 year flood plain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: [help] 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). 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) are expected to serve. None. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. No runoff (including storm water) will result from Project operations. 2) Could waste materials enter ground or surface waters? If so, generally describe. No. Log Item 36 Page 16 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 9 of 22 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: There should be none needed. 4. Plants [help] a. Check the types of vegetation found on the site: _ X_ deciduous tree: alder, maple, aspen, other ____ evergreen tree: fir, cedar, pine, other _ X_ shrubs __X_ grass ____ pasture ____ crop or grain ____ Orchards, vineyards or other permanent crops. ____ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other _X__ water plants: eelgrass ____ other types of vegetation b. What kind and amount of vegetation will be removed or altered? There will be no removal of native materials during site preparation. Excessive amounts of macroalgae (e.g. Ulva) may be hand-raked away from the planting area, but left on the site. Successive tides will redistribute algae across the site. The project may result in the removal of non-native dwarf Japanese eelgrass (Zostera japonica) located in the proposed planted area. Macroalgae beds are not found in or near the project area. Green algae (Ulva) were present at a very low density, attached to a small number of hard objects such as derelict clam shells. Macroalgae density is anticipated to increase in the project area due to geoduck farming as the PVC tubes provide solid substrate required by macroalgae for attachment and growth. Because the project will be located outside of a 16‐foot protective buffer from native eelgrass, no negative effects are anticipated to occur to eelgrass due to the proposed project and there may be an ecological lift from the potential increase in other macroalgal species on the PVC tubes. c. List threatened and endangered species known to be on or near the site. No threatened or endangered plant species are found on the site. Log Item 36 Page 17 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 10 of 22 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: All project activity will occur at least 16 feet away from native eelgrass (Zostera marina). Also see b. above. e. List all noxious weeds and invasive species known to be on or near the site. The Washington Department of Fish and Wildlife has classified Z. japonica growing on commercial aquaculture sites as a "Class C" noxious weed (Pleus 2012). This category is for abundant, widespread non·native species that are difficult to control. The primary concern with Z. japonica in relation to shellfish aquaculture is that it occurs on mid-intertidal areas that were previously bare mud and sand flats. Z. japonica can potentially grow to the extent that shellfish planting and harvesting cannot be done successfully (Fisher et al. 2011). In addition, extensive Z. japonica can reduce water flow by up to 40% in comparison to bare mudflats (Tsai et al 2010). Filter-feeding species, including geoduck, could have their growth or survival affected by this reduction. Given the WDFW classification of Z. japonica, any loss at the site could be viewed as a positive. However, this classification does not necessarily mean that Z. japonica presence is detrimental from the perspective of ecosystem structure and function. 5. Animals [help] a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other ________ See Attachment A1, “Biological Evaluation, Marine Surveys and Assessments – 10/28/13, in particular Section II, Pages 9-12, and Attachments 1 through 4 to that Evaluation. b. List any threatened and endangered species known to be on or near the site. The following fish, marine mammal, and bird species listed under the Endangered Species Act may occur, or have critical habitat within the proposed action area: Puget Sound Chinook Hood Canal Summer-run Chum Puget Sound Steelhead Bull Trout Yelloweye Rockfish Boccacio Rockfish Marbled Murrelet Southern Resident Killer Whale For more details, see Attachment A 1, “Biological Evaluation, Marine Surveys and Assessments – 10/28/13”, in particular Section II, Pages 9-12, and Attachments 1 through 4 Log Item 36 Page 18 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 11 of 22 to that Evaluation, and Attachment A 2, “Confluence Environmental Company Addendum to Biological Evaluation – 9/23/16.” c. Is the site part of a migration route? If so, explain. Yes. Hood Canal Summer-run Chum salmon may migrate along the shoreline of the site. d. Proposed measures to preserve or enhance wildlife, if any: The protection of juvenile geoduck as provided in 11 above will preserve those shellfish from predators. Further, see “BDN Smersh Farm Habitat Management Plan and No Net Loss Report - Confluence Environmental Company – October 2019 (Attachment E), and BDN Aquaculture Gear Management Plan, 10/17/19`. (Attachment I-2) for more detailed description of Project measures to be taken to preserve or enhance wildlife. e. List any invasive animal species known to be on or near the site. None. 6. Energy and Natural Resources [help] a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Diesel or gasoline powered small engines will be used to power vessels and harvesting equipment during the planting, growing and harvesting phases. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. 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: Because the energy use connected with the Project in minimal, there are no specific conservation measure planned for the Project 7. Environmental Health [help] a. 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. 1) Describe any known or possible contamination at the site from present or past uses. There is no known contamination or possible contamination at the site from present or past uses. Log Item 36 Page 19 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 12 of 22 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. There are no known existing hazardous chemicals/conditions that might affect project development and design. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. The only toxic chemicals anticipated to be stored or used in connection with the Project are gasoline and diesel fuels for operating land based vehicles, harvest vessels, air pumps, and water pumps. No toxic chemical will be produced by development or operation of the Project. 4) Describe special emergency services that might be required. The only special emergency services that might be required in connection with the Project would be oil spill response and cleanup. Such services are provided through the Washington Department of Ecology, and for the Project would most likely be provided by the WSDOE response team based in Olympia, which provides year- round, statewide, 24-hour a day response services. 5) Proposed measures to reduce or control environmental health hazards, if any: Land vehicles (e .g. all-terrain vehicles or 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). Land vehicles shall be stored, fueled, and maintained in a vehicle staging area located 150 feet or more from any stream, waterbody, or wetland. 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. 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 any regulatory or enforcement personnel. Except as to water-borne boats and vessels, the direct or indirect contact of toxic compounds including creosote, wood preservatives, paint, etc. with the marine environment shall be prevented. For water-borne boats and vessels, all paints and other Log Item 36 Page 20 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 13 of 22 compounds coming into contact with the water will be approved for such use under all applicable rules and regulations. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? The uplands neighboring the proposed Smersh geoduck farm are rural residential, and they are zoned as shoreline residential under the current Shoreline Master Plan for Jefferson County. There are numerous single‐family residential houses in the Shine neighborhood which is bordered on the north side by the heavily trafficked State Route (SR) 104. Between 6,000 and 22,000 vehicles pass the Shine neighborhood each day on SR 104 (15,000 average annual daily trips) traveling at 60 miles per hour (WSDOT 2017). Existing noise in the area includes that which is typically found associated with water‐dependent activities (e.g., boat use), residential uses (e.g., vehicle use, lawn mowers, beach walking), and vehicular traffic. Using the standard that 10 percent of the average annual daily traffic represents hourly average traffic (WSDOT 2018) leads to 1,500 vehicles per hour passing near the Shine neighborhood on SR 104. At 60 mph the sound from vehicle traffic is approximately 75 dBA at 50 feet (WSDOT 2018). This sound level attenuates to approximately 45 dBA at 800 feet which is approximately the halfway point between the Smersh parcel and SR 104. The estimated noise level based on population density is approximately 40 to 45 dBA (FTA 2006). Measurements of ambient underwater noise were recorded at the Hood Canal Bridge in 2004. Median background peak sound pressure was between 118.2 and 137.5 dBPEAK re 1 μPa and median root mean squared (RMS) levels were 115 and 135 dBRMS re 1 μPa (Battelle 2005). 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. Noise‐generating elements of the proposed project are consistent with existing use of the surroundings (small boat use and walking on the beach). Both airborne and underwater noise would be generated from the proposed project when boats are used to access the project site and during the operation of pumps for harvest on a 5‐ to 7‐year cycle. The proposed project does not include the use of heavy equipment. Access to the site would occur about once a month, and more frequently during limited periods for activities such as planting or harvesting. Access would be via the upland parcels or via boat. The outboard motors typically used on boats used for aquaculture typically create a noise level of about 60 dBA at 50 feet (Berger et al. 2010). However, once at the site, boat engines would be turned off until employees are ready to leave. Small diesel or gas‐powered water pumps with hoses would be used to harvest the geoducks for several days every 5 to 7 years. While noise levels of the water pumps have not been directly measured, they are considerably quieter than the outboards, referenced above, that produce a sound level of 60 dBA at 50 feet. Based on an ambient noise level of approximately 40 dBA to 45 dBA, terrestrial noise associated with the proposed project is expected to attenuate to ambient conditions 199 to 285 feet from the pumps. The landward margin of the geoduck planting area is approximately 160 feet from the ordinary high water line, leading to the conclusion that nearby residents will be exposed to only slight increases in noise if they approach within close proximity to the shoreline near the project site. Log Item 36 Page 21 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 14 of 22 The loudest noise source proposed for the project) is expected to increase noise levels by 15 dBA to 20 dBA above ambient noise levels (assuming 60 dBA produced by the water pump and 40 to 45 dBA ambient noise). Underwater noise would also be generated from the motors on boats used to transport gear and personnel to the project area and the small engines used for the water pumps during a geoduck harvest. For more information on anticipated noise generation, see BDN Smersh Farm Habitat Management Plan and No Net Loss Report – Confluence Environmental Company – June, 2018 (See Attachment E, pages 9-12.) 3) Proposed measures to reduce or control noise impacts, if any: There is no evidence that increases in either airborne or underwater noise from the use of boat motors or water pumps associated with the rearing and harvest of geoducks would result in negative effects to fish and wildlife species. Noise resulting from aquaculture operations throughout Washington State was reviewed with respect to potential effects to fish, marine mammals, and birds listed as threatened or endangered under the Endangered Species Act (NMFS 2009, USFWS 2009, NMFS 2011). These reviews found that noise levels did not exceed disturbance thresholds that would affect foraging, migration, reproduction, or fitness for any of the ESA‐listed species in Puget Sound. The proposed shellfish aquaculture operation in Squamish Harbor would not significantly alter noise above existing background conditions. Therefore, harvest operations are not anticipated to increase underwater noise to a level that will result in a loss of ecological functions, and no specific measures are planned or needed to reduce or control the already minimal noise impacts. Nonethless, applicant plans to locate the water pumps used during harvesting in an insulated box, thereby decreasing pump noise. 8. Land and Shoreline Use [help] a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. The site is currently vacant tidelands, located on a heavily altered shoreline in a medium‐ density, residential neighborhood. The shoreline has been altered by rip rap hardening. There is a concrete boat ramp and gravel parking lot on the adjacent public property. Riparian trees have been removed from a number of the adjacent properties to increase private views, and a paved roadway is adjacent to the shoreline for approximately 1 mile next to the Smersh parcel. The uplands neighboring the proposed Project are rural residential, and they are zoned as shoreline residential under the current Shoreline Master Plan for Jefferson County. There are numerous single‐family residential houses in the Shine neighborhood which is bordered on the north side by the heavily trafficked State Route (SR) 104. The proposed project will not affect current land uses on nearby or adjacent properties. Log Item 36 Page 22 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 15 of 22 For related use of upland parcels 970200001 and 821344064, Hicks park, and Shine Boat Ramp, see Addendum M-1 through M-6 b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? No. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: No. c. Describe any structures on the site. There are no structures currently on the site d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? RR-5 – Rural Residential f. What is the current comprehensive plan designation of the site? RR-5 Rural Residential g. If applicable, what is the current shoreline master program designation of the site? Aquatic – Shoreline Residential h. Has any part of the site been classified as a critical area by the city or county? If so, specify. Yes. Portions of the Project Area are classified as Wetlands Critical Area, FEMA Flood Zone Critical Area, Seismic Hazard Critical Area, Seawater Intrusion Protection Zone, and Critical Aquifer Recharge Area. i. Approximately how many people would reside or work in the completed project? 12-25 workers will work in 5-hour shifts to plant PVC tubes during the geoduck planting phase, which will take place once every 5-7 years. The work will be sporadic, depending on tides and weather, beginning in the spring and lasting through the fall. After planting, weekly site inspections will be conducted by 2-4 BDN employees walking the tidelands and Log Item 36 Page 23 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 16 of 22 surrounding areas at low tide. 6-12 months after planting, the PVC tubes will be removed by hand, again by 12-25 workers working in 5-hour shifts. This work will also be sporadic, depending on tides and weather, and will be done from winter to early summer. Usually, harvesting will begin between four to seven years alter planting; the exact timing of harvesting will depend on a variety of environmental and economic factors. The total harvest window is expected to be 1 year. Dive harvests will employ 1 diver and 2 support workers in the skiff. Dive harvesting will usually last up to S hours each day for two divers. Beach harvests will employ 2 workers on the beach and 2 support workers on the skiff. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None planned, as there will be no displacement. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: See Attachments C through E for descriptions of the compatability of the project with existing and projected land uses and plans. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: None are required, as there are no anticipated impacts to agricultural and forest lands of long-term commercial significance. 9. Housing [help] a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. No housing units will be provided. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None c. Proposed measures to reduce or control housing impacts, if any: None 10. Aesthetics [help] Log Item 36 Page 24 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 17 of 22 a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No structures are proposed. The only artificial objects that will be placed on the subject tidelands are PVC plastic 4” diameter by 10” long geoduck planting tubes, which will be placed into the sandy substrate at an approximate density of 1 tube per square foot with 3” to 5” of the tube exposed above the substrate. These tubes will be stored in open piles or stacks in areas in the northern half of related upland parcel 8213444032 currently covered by grass or small shrubs. Total coverage of these piles at any one time will be not more than 4,000 square feet, and the piles will not exceed 7 feet in height. b. What views in the immediate vicinity would be altered or obstructed? 15 to 20 homes have unobstructed view of the proposed geoduck planting area when nearby trees are in the leaf‐off condition. The estimate of 15‐20 homes with unobstructed views will be reduced during the summer when trees have a cover of leaves that are likely to more fully block views. For more detail on potential and actual visual obstruction, see Attachment C, BDN Smersh Farm Visual Assessment‐, Confluence Environmental Company – October, 2019. Tubes stored on related Parcel 8213444032, or vehicles temporarily parked there may be visible to a minor degree from three nearby homes. c. Proposed measures to reduce or control aesthetic impacts, if any: The proposed project will be visible for only short duration during very low tides. Geoduck PVC tubes will initially be black or white, and will quickly take on a natural color due to colonization by aquatic flora and fauna, such that from a distance they will blend in with other beach elements, and even close up will not be a significant visual disruption to the natural landscape. Maintenance will occur monthly, and after any storm events, to ensure farm is tidy and tubes have not become dislodged. While not in use, equipment will be stored off-site. Piles of stored tubes on upland parcel 8213444032 will be restricted to 7 feet in height and no more than 4000 square feet of total coverage. (See Addendum M-2) 11. Light and Glare [help] a. What type of light or glare will the proposal produce? What time of day would it mainly occur? No work will be performed at night other than checking of PVC tubes and other gear by beach maintenance workers on an as-needed basis (see Item A. 11. above for a more detailed description of this work.) Beach maintenance workers will use individual LED headlamps (with an output of 6000 lumens or less) to provide a narrow beam of individual lighting for that worker. Overall, the project will not produce any significant light or glare that will be visible to upland owners. No vessel operations will be performed at night. Log Item 36 Page 25 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 18 of 22 b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. 12. Recreation [help] a. What designated and informal recreational opportunities are in the immediate vicinity? The only nearby designated recreational opportunity is the neighboring park, which is primarily a boat launching ramp, usable at high tide only, with an associated gravel parking lot. The main informal recreational activites are beach walking by resident and visitors at low tide, and use of the water over the project at high tide by recreational boaters. b. Would the proposed project displace any existing recreational uses? If so, describe. The boat ramp is only useable during high tide, when the geoduck tubes would be submerged, so there is no displacement of that use. There will be no impacts to beach access as the project is located on private tidelands that are not currently accessible by the public. The project will not impact recreational boating use in any significant way. Dive harvest vessels will be small, and moored over the project tidelands in such a way as to not significantly interfere with other vessels in the area. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None are proposed, as none are necessary 13. Historic and cultural preservation [help] a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. No such structures or sites exist in the project area. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. Log Item 36 Page 26 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 19 of 22 No landmarks, features, or other evidence of Indian or historic use or occupation are known to exist at the site. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. No consultations or studies have been undertaken, since the project consists of bare tidelands with no evidence of any prior habitation or human use. The Corps of Engineers has determined that cultural resource surveys are not required for this project. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. No specific measures are proposed. 14. Transportation [help] a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. Land access to the project site is via Shine Road, a public street running parallel to the shoreline and serving the adjacent tidelands and upland properties. Public Highway SR 104 runs roughly parallel to the shoreline and at the location of the project is about ¼ mile north of Shine road. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The site is not directly served by public transit, but the Jefferson Transit Route #7, Poulsbo, has a bus stop approximatsly 1.2 miles to the East at the western end of the Hood Canal bridge. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? The project will not require any additional parking spaces, and will not eliminate any existing parking spaces. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). No. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. Log Item 36 Page 27 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 20 of 22 f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? During active planting and beach harvest activites, about ten to twenty passenger vehicle trips, and one or two truck trips (to deliver or load geoducks or other project materials) will be generated each day. During beach inspection periods, one to two passenger vehicle trips will be generated each day. During waterborne harvesting, one or two truck trips (to deliver or load geoducks or other project materials) will be generated each day. No data or transportation models were used to make these estimates. See also Addendums M-1 through M-6 for vehicle use of related upland parcels. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No. h. Proposed measures to reduce or control transportation impacts, if any: None needed or planned. 15. Public Services [help] a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None needed or planned. 16. Utilities [help] a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other ___________ No utilites currently directly serve the site. b. 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 which might be needed. None planned or needed Log Item 36 Page 28 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 21 of 22 C. Signature [HELP] The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: ___________________________________________________ Name of signee __Kenneth A. Sheppard_______________________________ Position and Agency/Organization __Authorized Agent of Applicant _________ Date Submitted: _May 26, 2020___ D. Supplemental sheet for nonproject actions [HELP] (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, Log Item 36 Page 29 of 218 SEPA Environmental checklist (WAC 197-11-960) Responses Revised May 26, 2020 Page 22 of 22 wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. Log Item 36 Page 30 of 218 BDN, LLC – SEPA Checklist Addendum M-1 Page - 1 SEPA Checklist - BDN, LLC Geoduck Farm – Rev. 3/31/20 Addendum M-1 – Use of Upland Parcel 970200001 Description of Property and Potential Usage. This parcel is owned by applicant James Smersh. It consists of .29 acres of unimproved land, zoned Rural Residential RR-5, Assessor’s Land Use Code 9100-Vacant Land. It is accessed at its northwest corner via a recorded easement across the adjacent parcel 970200002 immediately Parcel 970200001 Log Item 36 Page 31 of 218 BDN, LLC – SEPA Checklist Addendum M-1 Page - 2 to the west, owned by Bruce A. Olsen. That easement is roughly co-extensive with the roadway visible to the left of the parcel in the above photo. The Google Earth Imagery Date for this photo is 5/13/2018, and shows it being used by the applicant for storage of three small personal watercraft in the upper northeast area, and storage by BDN, LLC of white PVC geoduck planting tubes connected with existing nearby BDN aquaculture operation. There are two BDN trailers parked temporarily on the property as shown to the left of the PVC tubes. Since the date of the photo, all BDN items have been removed from the property, and it is once again being used only for storage of the personal watercraft. Because BDN has now acquired a nearby parcel (821344064) for storage and staging as described elsewhere in this SEPA Checklist, there will be no future storage of BDN tubes or other materials on parcel 970200001. It will be used solely as a secondary parking area for activities related to the operation of the proposed aquaculture project. There will be no clearing, grading or construction of any kind on this parcel by BDN, LLC, and no impervious surfaces will be created. This property is not within 150 feet of any waterbody, is not within 150 feet of any known Type F, N or S streams, is not a wetland, and is not in a Shoreline Jurisdiction. It is not within a FEMA Flood Zone, Landslide Hazard Area, Soil Erosion Area or Soil Seismic Area. It is within a Critical Aquifer Recharge Area and a Saltwater Intrusion Protection Zone, but no activities proposed on the property will in any way impact the parcels aquifer or saltwater intrusion functions or characteristics. The only BDN use anticipated for this parcel will be as follows: 1) Parking of one or two passenger vehicles or light trucks on the parcel for 1-2 hours once weekly for regular beach inspections of geoduck gear. 2) Parking of one or two passenger vehicles or light trucks on the parcel in connection with emergency responses per the applicable Gear Management Plan. From prior BDN experience in the area, such emergency responses occur on less than five days per year, typically in the winter and sometimes at night. 3) Parking of a maximum of 6 passenger vehicles or light trucks on the parcel for no more than 5 hours per day during planting or harvesting activities. However, it is anticipated that BDN parcel 821344064 will be the primary parking and staging area for these operations, such that related parking on this parcel will take place an average of less than ten days per year. Cumulative Impacts of the Use of This Parcel by BDN By far the dominant vehicle traffic impact on the area is from the 24-hour-per-day, seven-days- per-week vehicle traffic on Shine Road, which passes a few hundred feet from both the existing and proposed BDN projects. The addition of the very few additional vehicle trips and parking activities as described in the annotated site plan (BDN004R) will have at most a tiny cumulative effect on the project area when compared to the constant visual and noise impact from Shine Road and the surrounding feeder roads, especially since regular parking will be provided for all beach workers on parcel 821344064 as necessary. Log Item 36 Page 32 of 218 BDN, LLC – SEPA Checklist Addendum M-1 Page - 3 The SMP defines “Cumulative impacts” or “cumulative effects” as “the combined impacts of a proposed development action along with past impacts and impacts of reasonably foreseeable future development actions. (JCC 18.25.100(3)(aa)). “Reasonably foreseeable” is defined as “predictable by an average person based on existing conditions, anticipated build-out, and approved/pending permits.” (JCC 18.25.100(18)(d)) Similarly, the National Environmental Policy Act (“NEPA”) requires the consideration of the cumulative impacts of the Project, which include both direct effects, defined as those impacts "caused by the action and occur[ing] at the same time and place" and indirect effects, which are impacts "caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable." 40 C.F.R. § 1508.8. Note that although indirect effects may be removed in distance from the proposed action, they nonetheless must be caused by that action; i.e., there must be a "reasonably close relationship" between the environmental effect and alleged cause. Department of Transportation v. Public Citizen, 541 U.S. 752, 767 (2004). The miniscule additional vehicle traffic generated by infrequent parking of vehicles on the parcel as described above will have no significant cumulative impact on the areas surrounding the parcel, either nearby or distant, while facilitating an aquaculture usage that is preferred under Washington law (RCW 90.58.020.) Log Item 36 Page 33 of 218 BDN, LLC – SEPA Checklist Addendum M-2 Page - 1 SEPA Checklist - BDN, LLC Geoduck Farm – Rev. 3/31/20 Addendum M-2 – Upland Parcel 821344064 Description of Property and Potential Usage. This parcel is owned by BDN, LLC (“BDN”.) It consists of 1.26 acres of unimproved land, zoned Rural Residential RR-5, Assessor’s Land Use Code 9100-Vacant Land. It is accessed at its southwest corner via a 30’ wide recorded easement 821344064 (Vol 2 Short Plats, Page 166, records of Jefferson County) across the adjacent parcel 821344029 to the south, owned by Alona Parcel 821344064 Log Item 36 Page 34 of 218 BDN, LLC – SEPA Checklist Addendum M-2 Page - 2 J. Cowing, and the along parcel 821344032 to the south of 821344029, owned by Mary Cameron, ending at Shine Road. That easement is roughly co-extensive with the dirt roadway visible to the lower left of the parcel in the above photo. The Google Earth Imagery Date for this photo is 5/13/2018, and shows it as vacant land covered with grasses, small bushes, and three medium sized conifer trees at its northern end. The usage proposed by BDN of this parcel will be: 1) Storage during BDN geoduck aquaculture planting, growing and harvest activities of 4” in diameter by 10" long PVC geoduck planting tubes. These tubes will be stored in open piles or stacks in areas in the northern half of the parcel currently covered by grass or small shrubs. Total coverage of these piles at any one time will be not more than 4,000 square feet, and the piles will not exceed 7 feet in height. These piles will allow free draining of precipitation to the unimproved land beneath them, and will not significantly compact the surface of the parcel. The lack of release of microplastics from aquaculture gear is supported by available data for the Salish Sea, showing lower levels of microplastics in water and sediment in areas of active shellfish aquaculture compared with urban embayments. Similar claims about phthalate plasticizers are unsupportable because such plasticizers are used in flexible PVC, not rigid PVC. Does Plastic Shellfish Gear Increase Microplastic And Chemical Exposures? Schoof, Rosalind Ramboll, Environ US Corporation, Abstracts, 71st Annual Shellfish Growers Conference and Tradeshow Pacific Coast Shellfish Growers Association National Shellfisheries Association Pacific Coast Section Welches, OR, September 19-21, 2017. There are no known studies indicating that the amount of PVC components that might be introduced into the environment through the storage of PVC Tubes on the property has any adverse environmental effect, immediate or cumulative. 2) Parking on the parcel of one to two light trucks and/or light trailers used for delivering or removing materials to or from parcel. 3) Parking of one or two passenger vehicles or light trucks on the parcel for 1-2 hours once weekly for regular beach inspections of geoduck gear. 3) Parking of one or two passenger vehicles or light trucks on the parcel in connection with emergency responses per the applicable Gear Management Plan. From prior BDN experience in the area, such emergency responses occur on less than five days per year, typically in the winter and sometimes at night. 4) Parking of a maximum of 6-8 passenger vehicles or light trucks on the parcel for no more than 5 hours per day during planting or harvesting activities. There will be no clearing, grading or construction of any kind on this parcel by BDN, LLC, and no impervious surfaces will be created. This property is not within 150 feet of any waterbody, is not within 150 feet of any known Type F, N or S streams, is not a wetland, and is not in a Shoreline Jurisdiction. It is not within a FEMA Flood Zone, Landslide Hazard Area, Soil Erosion Area or Soil Seismic Area. It is within a Critical Aquifer Recharge Area and a Saltwater Log Item 36 Page 35 of 218 BDN, LLC – SEPA Checklist Addendum M-2 Page - 3 Intrusion Protection Zone, but no activities proposed on the property will in any way impact the parcels aquifer or saltwater intrusion functions or characteristics. Cumulative Impacts of the Use of This Parcel by BDN Materials stored on the parcel will be visible only to the three neighbors immediately adjacent to the parcel. The small piles of black mesh tubes will be unobtrusive and the small amount of associated vehicle traffic will be much, much less from a noise and pollution standpoint than the high volume of 24-hour-per-day, seven-days-per-week vehicle traffic on the heavily used SR 104 highway immediately adjacent to the parcel. The SMP defines “Cumulative impacts” or “cumulative effects” as “the combined impacts of a proposed development action along with past impacts and impacts of reasonably foreseeable future development actions. (JCC 18.25.100(3)(aa)). “Reasonably foreseeable” is defined as “predictable by an average person based on existing conditions, anticipated build-out, and approved/pending permits.” (JCC 18.25.100(18)(d)). Similarly, the National Environmental Policy Act (“NEPA”) requires the consideration of the cumulative impacts of the Project, which include both direct effects, defined as those impacts "caused by the action and occur[ing] at the same time and place" and indirect effects, which are impacts "caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable." 40 C.F.R. § 1508.8. Note that although indirect effects may be removed in distance from the proposed action, they nonetheless must be caused by that action; i.e., there must be a "reasonably close relationship" between the environmental effect and alleged cause. Department of Transportation v. Public Citizen, 541 U.S. 752, 767 (2004). The on-site storage of PVC tubing, and the small amount of related vehicle traffic generated by parking of vehicles on the parcel as described above will have no significant cumulative impact on the areas surrounding the parcel, either nearby or distant, while facilitating an aquaculture usage that is preferred under Washington law (RCW 90.58.020.) Log Item 36 Page 36 of 218 BDN, LLC – SEPA Checklist Addendum M-3 Page - 1 SEPA Checklist - BDN, LLC Geoduck Farm – Rev. 3/31/20 Addendum M-3 – Hicks Park Description of Property and Potential Usage. This approximately 1 acre Jefferson County Park is located at 1090 Shine Rd, Port Ludlow, WA 98365, adjacent to the proposed BDN project to the west. It has a boat ramp, vault toilet, BBQ grill, two picnic tables, and a campfire ring. No alcohol is allowed in the park pursuant to RCW 66.44.100. BDN does not propose to use the boat ramp at this facility for any purpose. The only potential use of Hicks park would be parking of one or two passenger vehicles or light trucks on the parcel for 1-2 hours once weekly for regular beach inspections of geoduck gear, and possible parking of one or two passenger vehicles or light trucks on the parcel in connection with emergency responses per the applicable Gear Management Plan. From prior BDN experience in the area, such emergency responses occur on less than five days per year, typically in the winter and sometimes at night. BDN personnel will be instructed not to use the parking facilities at Hicks Park if there are any other members of the public present there using the facilities in any way. In such cases, they will be instructed to park either at nearby parcel 970200001, owned by Applicant (See Addendum M- 1) or at parcel 821344064, owned by BDN. William R. Hicks Park Log Item 36 Page 37 of 218 BDN, LLC – SEPA Checklist Addendum M-3 Page - 2 Cumulative Impacts of the Use of This Parcel by BDN The SMP defines “Cumulative impacts” or “cumulative effects” as “the combined impacts of a proposed development action along with past impacts and impacts of reasonably foreseeable future development actions. (JCC 18.25.100(3)(aa)). “Reasonably foreseeable” is defined as “predictable by an average person based on existing conditions, anticipated build-out, and approved/pending permits.” (JCC 18.25.100(18)(d)). Similarly, the National Environmental Policy Act (“NEPA”) requires the consideration of the cumulative impacts of the Project, which include both direct effects, defined as those impacts "caused by the action and occur[ing] at the same time and place" and indirect effects, which are impacts "caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable." 40 C.F.R. § 1508.8. Note that although indirect effects may be removed in distance from the proposed action, they nonetheless must be caused by that action; i.e., there must be a "reasonably close relationship" between the environmental effect and alleged cause. Department of Transportation v. Public Citizen, 541 U.S. 752, 767 (2004). The potential limited use of Hicks Park as described above will have virtually no cumulative impact on the park, either nearby or distant. No BDN personnel will ever interfere in any way with use of the park by members of the public. On average, between 275 and 325 vehicles per day pass by the park on the adjacent Shine Road (Shine Road Speed Limit and Traffic Study, October 2018, Jefferson County Public Works.) The Noise and pollution generated by traffic on the adjacent Shine Road dwarfs the miniscule addition of one or two weekly passenger vehicle visits to the park for 1-2 hours. Log Item 36 Page 38 of 218 BDN, LLC – SEPA Checklist Addendum M-4 Page - 1 SEPA Checklist - BDN, LLC Geoduck Farm – Rev. 9/27/19 Addendum M-4 – Use of Shine Tidelands State Park Boat Launch Ramp Description of Property and Potential Usage. This 249 acre seasonal day use State Park is located at Shine Tidelands State Park Road, Port Ludlow, WA. At its extreme south end, adjacent to the northwestern abutment of the Hood Canal Bridge, is a paved public boat launch ramp. The only part of the park that may be used by BDN is the boat launch area. BDN will use the ramp for the loading and launching of a small watercraft (less than 30 feet.) One light truck vehicle will tow the watercraft to the launch ramp, and will launch and retrieve it. Launching and retrieving will require 15 minutes or less. During planting activities, another light truck vehicle will tow an accompanying open trailer of supplies (with 5’ sides) to be loaded into the boat and used in the planting of parcel 721031007. Planting related activities will involve at most one daily launching and retrieval of the vessel, and Shine Tidelands State Park Boat Launch Ramp Log Item 36 Page 39 of 218 BDN, LLC – SEPA Checklist Addendum M-4 Page - 2 1-3 supply trips by the accompanying trailer. Planting activities will occur once per year, typically in June or July, over a period of 20-25 days. During harvesting activities, another light truck vehicle will tow an accompanying open trailer (with 5’ sides) to be loaded at the launch ramp with harvested geoducks from parcel 721031007. Harvesting related activities will involve at most one daily launching and retrieval of the vessel, and 1-3 trips by the accompanying trailer. Harvesting activities will occur between four and seven years after an area of parcel 721031007 has been planted, and that planted area will typically be harvested over a one year period. Harvesting activities at this location will occur only during daylight hours, over a period of about 5 hours per day, three days a week during that one year period. From usage connected with other previously approved BDN activities, it is clear that the Shine Tidelands State Park boat launch facility has very low public usage, due to the lack of a dock, a poorly configured boat launch ramp, and bad currents at the point of launching. No public use of this area has ever been observed while BDN has conducted any activities there. Nonetheless, BDN personnel will be instructed to allow all members of the public priority in using the ramp. If anyone is present at the launch area when BDN arrives, the BDN personnel will wait until that party completes their use of the ramp before commencing any BDN operations there. Cumulative Impacts of the Use of This Parcel by BDN The SMP defines “Cumulative impacts” or “cumulative effects” as “the combined impacts of a proposed development action along with past impacts and impacts of reasonably foreseeable future development actions. (JCC 18.25.100(3)(aa)). “Reasonably foreseeable” is defined as “predictable by an average person based on existing conditions, anticipated build-out, and approved/pending permits.” (JCC 18.25.100(18)(d)). Similarly, the National Environmental Policy Act (“NEPA”) requires the consideration of the cumulative impacts of the Project, which include both direct effects, defined as those impacts "caused by the action and occur[ing] at the same time and place" and indirect effects, which are impacts "caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable." 40 C.F.R. § 1508.8. Note that although indirect effects may be removed in distance from the proposed action, they nonetheless must be caused by that action; i.e., there must be a "reasonably close relationship" between the environmental effect and alleged cause. Department of Transportation v. Public Citizen, 541 U.S. 752, 767 (2004). The potential limited use of the Shine Tidelands State Park boat launch facility as described above will have virtually no cumulative impact on the park or any other areas, either nearby or distant. No proposed activities at this location will in any way impact any nearby waterbodies or streams in any way that differs from impacts by the general public using the park. No BDN personnel will ever interfere in any way with use of the ramp or the other areas of the park by members of the public. On average, between 15,000 to 22,000 vehicles per day traverse the adjacent Hood Canal Bridge (Study of SR104:US101 to SR3 and SR3:SR104 to SR305, WSDOT.) The Noise and pollution generated by traffic on the adjacent Hood Canal Bridge dwarfs the miniscule addition of the above-described vehicle and trailer trips. Log Item 36 Page 40 of 218 Start HERE! A guide to using stormwater forms Use the quantities reported in this worksheet to determine which minimum requirements apply to your project and what forms will be required using the “Flow Chart for Determining Minimum Requirements.” Step 1 Yes no All projects must read and complete the Stormwater Calculation Worksheet. Small Projects may submit the Worksheet S Small Project Certification sheet. Applicants who are able to sign the certification may STOP HERE. Submit the Stormwater Calculation Worksheet and Worksheet “S” with your appli- cation. No additional submittal is necessary. Step 2 Step 2.1 Step 2.1 Medium Projects must complete worksheets A1, B1, and C or equivalent. Large Projects refer to Worksheet L to determine applicable worksheets are required or if a state -licensed engineer must prepare the submittal. A Note on Engineered Stormwater Submittal: -Many applicants complete stormwater submittal forms independently without professional expertise. For example, full dispersion, if feasible on the site (See Worksheet C), is typically easiest to implement for many different surface types suc h as roof, driveway, patio etc. -Applicants may opt to submit an engineered stormwater plan even if it isn’t required. This option may be attractive to those who are unsure how some of the requirements will be achieved on the site.In some instances, engineering will be required. Certain Large projects must be engineered (See Worksheet L). Gathering information on infiltration feasibility may need an engineer ’s expertise. Or, sites with greater than 15% slopes may require applicants hire a geologist to recommend if a drainage method i s appropriate. Discharging directly to a marine water via tightline must be engineered. If you cannot do full dispersion on par cels larger than 5 acres, engineering is required. In other instances, site constraints will require an engineered design. -Jefferson County staff may assist by providing and/or explaining Department of Ecology Stormwater Management Manual The project requires or the applicant elects to submit an engineered stormwater plan. The plan is attached hereto with minimum requirement narrative, drawings, calculation, modeling output, construction pollution prevention plan, and site plan. Circle one: Step 3 If you answered YES above, STOP, no further submittal is required. Otherwise, proceed with the following steps. Complete Worksheet A1 Medium/Large Project Report and Stormwater Site Plan or equivalent. Step 3.1 Complete Worksheet C to determine which BMPs are possible and appropriate for your site. Circle the first BMP that is feasible (i.e. none of the infeasibility criteria is checked) for each surface type. Circle the corresponding BMP on Worksheet A1. Step 4 Complete Worksheet B1 Medium/Large Project Construction Pollution Prevention Plan and Worksheet B2 Construction Site Plan or equivalent. A Note on Commercial Projects: •Jefferson County Public Works (JCPW) reviews commercial projects and charges a review fee. JCPW may charge additional fees for any required inspections. •Any commercial projects proposing infiltration facilities may complete Worksheet E —Infiltration Test. Grain size analysis may be used instead of PIT. Commercial projects may elect to use BMP T5.10A and would not need a PIT, just a soil evaluation. •Any development for cottage industries may require a commercial public works review if full dispersion is infeasible. BDN, LLC SEPA CHECKLIST - Addendum M-5 Oct 22 2020 Log Item 36 Page 41 of 218 stormwater calc worksheet QR code – REV. 5/31/2019 page 1 of 2 DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment E-mail: dcd@co.jefferson.wa.us STORMWATER CALCULATION WORKSHEET PARCEL # PROJECT/APPLICANT NAME: DETERMINING STORMWATER MANAGEMENT REQUIREMENTS: This stormwater calculation worksheet should be completed first to classify the proposal as “small,” “medium,” or “large.” The size determines whether a Stormwater Site Plan is re quired in conjunction with a stand-alone stormwater management permit application, building permit application, or other land use approval application that involves stormwater review. The basic information will also be helpful for completing a Stormwater Site Plan, if required. Land-disturbing activity is any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, excavation, and compaction associated with stabilization of structures and road construction. Native vegetation is vegetation comprised of plant species, other than noxious weeds, which reasonably could have been expected to naturally occur on the site. Examples include species such as Douglas fir, western hemlock, western red cedar, alder, big -leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; herbaceous plants such as sword fern, foam flower, and fireweed. LAND DISTURBING ACTIVITY, CONVERSION OF NATIVE VEGETATION, AND VOLUME OF CUT/FILL Calculate the total area to be cleared, graded, filled, Answer the following two questions related to excavated, and/or compacted for proposed development conversion of native vegetation: project. Include in this calculation the area to be cleared for: Does the project convert ¾ acres or more of Construction site for structures _________________ sq/ft native vegetation to lawn or landscaped areas? Drainfield, septic tank, etc. ____________________ sq/ft Circle: Yes No Well, utilities, etc. ___________________________ sq/ft Does the project convert 2 ½ acres or more of native vegetation to pasture? Driveway, parking, roads, etc. ___________________sq/ft Circle: Yes No Lawn, landscaping, etc. ______________________ sq/ft Other compacted surface, etc. _________________ sq/ft Indicate Total Volumes of Proposed: (Includes BMP T5.13 Fill Volume) Temporary construction area ______________ sq/ft Total Land Disturbance ____________________ sq/ft Cut __________ Fill __________ (cu/yd) PARCEL SIZE (I.E., SITE) Size of parcel _________ acres An acre contains 43,560 square feet. Multiply the acreage by this figure. Size of parcel in square feet _________________ sq/ft Scan the QR code to access the digital form BDN, LLC o o 970200001 .29 12,632 0 0 0 0 0 0 0 0 0 0 Oct 22 2020 Log Item 36 Page 42 of 218 Log Item 36 Page 43 of 218 This is a "large" project. Large projects refer to Worksheet L for submittal requirements. At a minimum, all large Project must submit Worksheet A1, B1, and C or equivalent. This is a "medium" project. Submit Worksheet A1,B1 and C or equivalent. Complete "Small" Project Certification Worksheet Project must follow Construction Pollution Prevention Fact Sheet Figure 2.4.1 Flow Chart for New Development o o o o o Log Item 36 Page 44 of 218 This is a "large" project. Large projects refer to Worksheet L for submittal requirements. At a minimum, all large Project must submit Worksheet A1, B1, and C or equivalent. Figure 2.4.2 Flow Chart for Redevelopment Log Item 36 Page 45 of 218 construction Pollution Prevention Page 1 of 3 5/31/2019 DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment E-mail: dcd@co.jefferson.wa.us CONSTRUCTION STORMWATER POLLUTION PREVENTION Best Management Practices (BMPs) Fact Sheet For “small” projects (as determined through the Stormwater Calculation Worksheet), submit Worksheet “S” Small Project Certification. Additionally, the applicant shall consider the twelve Construction Stormwater Pollution Prevention elements and implement applicable BMPs. A set of useful BMPs for typical rural residential construction is attached. There is no additional submittal required as part of the permit application. For “medium” and “large” projects, applicants must submit a Construction Stormwater Pollution Prevention Plan (SWPPP) and a Stormwater Site Plan (applicants may use Worksheet B1 or equivalent). The following twelve elements must be considered for Construction Stormwater Pollution Prevention before and during the construction phase of the project: 1.Mark Clearing Limits 7.Protect Drain Inlets 2.Establish Construction Access 8.Stabilize Channels and Outlets 3.Control Flow Rates 9.Control Pollutants 4.Install Sediment Controls 10.Control De-Watering 5.Stabilize Soils 11.Maintain Best Management Practices 6.Protect Slopes 12.Manage The Project Each of the twelve elements is described in more detail below: 1.Mark Clearing Limits By minimizing the limits of clearing on the site, a builder can minimize stormwater runoff and provide effective control of pollution. 2.Establish Construction Access Much of the sediment that leaves a construction site does so on the wheels of delivery and construction vehicles that drive off a project site. Construction access must be limited to a single location and a properly constructed Stabilized Construction Entrance (BMP C105) should be included on the site. 3.Control Flow Rates Stormwater that leaves a project site unimpeded may exceed the capacity of the existing stormwater control facilities downstream and may contain sediment that may be deposited as the velocity of the runoff decreases. Stormwater protection on a construction site should include measures to control the flow rate of runoff from the site. This can be done by installing a Sediment Trap (BMP C240) or other measure that will impede the flow of water off a construction site. 4.Install Sediment Controls In addition to limiting the rate of stormwater flow off a construction site, measures should be put in place to treat the runoff and remove sediment. Limiting of the cleared area (Element 1) will assist in this effort, but there will be exposed soils that may move with the runoff. Suggested BMPs for controlling sediment include Straw Wattles (BMPC235), Brush Barrier (BMP C231), Gravel Filter Berm (BMP C232), and Silt Fence (BMP C233). Installation of a Sediment Trap (Element 3) is an additional sediment control feature. Log Item 36 Page 46 of 218 construction Pollution Prevention Page 2 of 3 5/31/2019 5.Stabilize Soils An additional measure that can minimize sediment transport in runoff is to stabilize soils on the site with mulch or some other covering. This will limit the amount of soil that is exposed to rainfall, thus limiting the sediment that could potentially leave the site. BMPs that could be used for this include Mulching (BMP C121), Nets and Blankets (BMP C122), and Plastic Covering (BMP C123). During periods of dry weather dust can become a problem and sediment could be transported from the site in high winds. BMP C140 Dust Control should be followed to limit loss of soils in windy conditions. 6.Protect Slopes If the cleared area includes slopes of 3:1 (Horizontal: Vertical) or steeper, the slopes should be protected to limit runoff. If the slopes are not protected, rills and gullies may form, transporting sediment to the lower elevations and potentially off the construction site. The slopes sh ould be graded to minimize erosion and runoff at the downstream end of the slopes, and runoff should be collected and treated. The following BMPs could be used Surface Roughening (BMP C130), Interceptor Dike and Swale (BMP C200), and Pipe Slope Drains (BMP C204). 7.Protect Drain Inlets Runoff from urban construction sites often discharges into existing stormwater collection systems. Water enters the collection system through drain inlets. If there are drain inlets downstream of a construction site, they should be protected using BMP C220 Storm Drain Inlet Protection. 8.Stabilize Channels and Outlets Any temporary on-site channels or ditches that are used to control runoff should be stabilized to prevent erosion in the channel. BMP C202 Channel Lining and BMP C209 Outlet Protection should be used. 9.Control Pollutants The best way to control pollution is to limit the source of pollution. Construction debris should be maintained in a safe location. Vehicle maintenance on the construction site should be minimized and any spill should be promptly cleaned up. Concrete spillage should be kept to a minimum and cleaning of the concrete trucks after they have unloaded should be done in an area that will not drain off site (see BMP C151 Concrete Handling). 10.Control Dewatering In some cases, excavation for the foundation or below ground structures will encounter ground water. This water must be removed (dewatered) from the excavation. Discharge of this ground water must be treated in a manner that will not cause damage downstream due to flow rates or added pollution. There are no specific BMP identified for this activity, but the water should be handled with care to assure that soils or other pollutants are not added to this flow. 11.Maintain BMPs Installation of the appropriate BMPs is not adequate to completely control stormwater runoff. The BMPs that have been installed on the project must be inspected and maintained during the duration of the construction project. In addition, the temporary controls that were installed for construction should be removed within 30 days of completion of the work. Typically, once construction has been completed, the temporary facilities are not maintained, and by removing the facilities, it will ensure that these won’t f ail and discharge water or sediment that had been previously trapped or contained. 12.Manage the Project Management of a project has four aspects: 1.Phasing construction to prevent transportation of runoff and sediment, 2.Limiting the work during seasons where large amounts of rainfall could be anticipated, 3.Coordination with Utilities and other Contractors, and 4.Inspection and Monitoring. All of these for aspects are important and must be followed to ensure a project that will have minimal impact on the environment. Volume II of the Manual contains additional BMPs that could be used on-site. The applicant is encouraged to review the Manual to see if other BMPs may be applicable to, or more useful on, a particular site. Log Item 36 Page 47 of 218 construction Pollution Prevention Page 3 of 3 5/31/2019 Best Management Practices from 2014 Ecology Stormwater Management Manual The following BMPs for Construction Stormwater Pollution Prevention are sediment and erosion control measures for the construction phase of typical rural residential development. Some projects may not require implementation of all of these BMPs; others may require additional measures not listed here. Click on the BMP to learn more about each BMP’s purpose and design: II-4.1 Source Control BMPs BMP C101: Preserving Natural Vegetation BMP C102: Buffer Zones BMP C103: High Visibility Fence BMP C105: Stabilized Construction Entrance / Exit BMP C106: Wheel Wash BMP C107: Construction Road/Parking Area Stabilization BMP C120: Temporary and Permanent Seeding BMP C121: Mulching BMP C122: Nets and Blankets BMP C123: Plastic Covering BMP C124: Sodding BMP C125: Topsoiling / Composting BMP C126: Polyacrylamide (PAM) for Soil Erosion Protection BMP C130: Surface Roughening BMP C131: Gradient Terraces BMP C140: Dust Control BMP C150: Materials on Hand BMP C151: Concrete Handling BMP C152: Sawcutting and Surfacing Pollution Prevention BMP C153: Material Delivery, Storage and Containment BMP C154: Concrete Washout Area BMP C160: Certified Erosion and Sediment Control Lead BMP C162: Scheduling II-4.2 Runoff Conveyance and Treatment BMPs BMP C200: Interceptor Dike and Swale BMP C201: Grass-Lined Channels BMP C202: Channel Lining BMP C203: Water Bars BMP C204: Pipe Slope Drains BMP C205: Subsurface Drains BMP C206: Level Spreader BMP C207: Check Dams BMP C208: Triangular Silt Dike (TSD) (Geotextile-Encased Check Dam) BMP C209: Outlet Protection BMP C220: Storm Drain Inlet Protection BMP C231: Brush Barrier BMP C232: Gravel Filter Berm BMP C233: Silt Fence BMP C234: Vegetated Strip BMP C235: Wattles BMP C236: Vegetative Filtration BMP C240: Sediment Trap BMP C241: Temporary Sediment Pond BMP C251: Construction Stormwater Filtration Log Item 36 Page 48 of 218 Log Item 36 Page 49 of 218 Start HERE! A guide to using stormwater forms Use the quantities reported in this worksheet to determine which minimum requirements apply to your project and what forms will be required using the “Flow Chart for Determining Minimum Requirements.” Step 1 Yes no All projects must read and complete the Stormwater Calculation Worksheet. Small Projects may submit the Worksheet S Small Project Certification sheet. Applicants who are able to sign the certification may STOP HERE. Submit the Stormwater Calculation Worksheet and Worksheet “S” with your appli- cation. No additional submittal is necessary. Step 2 Step 2.1 Step 2.1 Medium Projects must complete worksheets A1, B1, and C or equivalent. Large Projects refer to Worksheet L to determine applicable worksheets are required or if a state -licensed engineer must prepare the submittal. A Note on Engineered Stormwater Submittal: -Many applicants complete stormwater submittal forms independently without professional expertise. For example, full dispersion, if feasible on the site (See Worksheet C), is typically easiest to implement for many different surface types suc h as roof, driveway, patio etc. -Applicants may opt to submit an engineered stormwater plan even if it isn’t required. This option may be attractive to those who are unsure how some of the requirements will be achieved on the site.In some instances, engineering will be required. Certain Large projects must be engineered (See Worksheet L). Gathering information on infiltration feasibility may need an engineer ’s expertise. Or, sites with greater than 15% slopes may require applicants hire a geologist to recommend if a drainage method i s appropriate. Discharging directly to a marine water via tightline must be engineered. If you cannot do full dispersion on par cels larger than 5 acres, engineering is required. In other instances, site constraints will require an engineered design. -Jefferson County staff may assist by providing and/or explaining Department of Ecology Stormwater Management Manual The project requires or the applicant elects to submit an engineered stormwater plan. The plan is attached hereto with minimum requirement narrative, drawings, calculation, modeling output, construction pollution prevention plan, and site plan. Circle one: Step 3 If you answered YES above, STOP, no further submittal is required. Otherwise, proceed with the following steps. Complete Worksheet A1 Medium/Large Project Report and Stormwater Site Plan or equivalent. Step 3.1 Complete Worksheet C to determine which BMPs are possible and appropriate for your site. Circle the first BMP that is feasible (i.e. none of the infeasibility criteria is checked) for each surface type. Circle the corresponding BMP on Worksheet A1. Step 4 Complete Worksheet B1 Medium/Large Project Construction Pollution Prevention Plan and Worksheet B2 Construction Site Plan or equivalent. A Note on Commercial Projects: •Jefferson County Public Works (JCPW) reviews commercial projects and charges a review fee. JCPW may charge additional fees for any required inspections. •Any commercial projects proposing infiltration facilities may complete Worksheet E —Infiltration Test. Grain size analysis may be used instead of PIT. Commercial projects may elect to use BMP T5.10A and would not need a PIT, just a soil evaluation. •Any development for cottage industries may require a commercial public works review if full dispersion is infeasible. BDN, LLC SEPA CHECKLIST - Addendum M-6 Log Item 36 Page 50 of 218 stormwater calc worksheet QR code – REV. 5/31/2019 page 1 of 2 DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment E-mail: dcd@co.jefferson.wa.us STORMWATER CALCULATION WORKSHEET PARCEL # PROJECT/APPLICANT NAME: DETERMINING STORMWATER MANAGEMENT REQUIREMENTS: This stormwater calculation worksheet should be completed first to classify the proposal as “small,” “medium,” or “large.” The size determines whether a Stormwater Site Plan is re quired in conjunction with a stand-alone stormwater management permit application, building permit application, or other land use approval application that involves stormwater review. The basic information will also be helpful for completing a Stormwater Site Plan, if required. Land-disturbing activity is any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, excavation, and compaction associated with stabilization of structures and road construction. Native vegetation is vegetation comprised of plant species, other than noxious weeds, which reasonably could have been expected to naturally occur on the site. Examples include species such as Douglas fir, western hemlock, western red cedar, alder, big -leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; herbaceous plants such as sword fern, foam flower, and fireweed. LAND DISTURBING ACTIVITY, CONVERSION OF NATIVE VEGETATION, AND VOLUME OF CUT/FILL Calculate the total area to be cleared, graded, filled, Answer the following two questions related to excavated, and/or compacted for proposed development conversion of native vegetation: project. Include in this calculation the area to be cleared for: Does the project convert ¾ acres or more of Construction site for structures _________________ sq/ft native vegetation to lawn or landscaped areas? Drainfield, septic tank, etc. ____________________ sq/ft Circle: Yes No Well, utilities, etc. ___________________________ sq/ft Does the project convert 2 ½ acres or more of native vegetation to pasture? Driveway, parking, roads, etc. ___________________sq/ft Circle: Yes No Lawn, landscaping, etc. ______________________ sq/ft Other compacted surface, etc. _________________ sq/ft Indicate Total Volumes of Proposed: (Includes BMP T5.13 Fill Volume) Temporary construction area ______________ sq/ft Total Land Disturbance ____________________ sq/ft Cut __________ Fill __________ (cu/yd) PARCEL SIZE (I.E., SITE) Size of parcel _________ acres An acre contains 43,560 square feet. Multiply the acreage by this figure. Size of parcel in square feet _________________ sq/ft Scan the QR code to access the digital form BDN, LLC o o 821344064 1.26 54,885 0 0 0 0 0 0 0 0 0 0 Log Item 36 Page 51 of 218 Log Item 36 Page 52 of 218 This is a "large" project. Large projects refer to Worksheet L for submittal requirements. At a minimum, all large Project must submit Worksheet A1, B1, and C or equivalent. This is a "medium" project. Submit Worksheet A1,B1 and C or equivalent. Complete "Small" Project Certification Worksheet Project must follow Construction Pollution Prevention Fact Sheet Figure 2.4.1 Flow Chart for New Development o o o o o Log Item 36 Page 53 of 218 This is a "large" project. Large projects refer to Worksheet L for submittal requirements. At a minimum, all large Project must submit Worksheet A1, B1, and C or equivalent. Figure 2.4.2 Flow Chart for Redevelopment Log Item 36 Page 54 of 218 construction Pollution Prevention Page 1 of 3 5/31/2019 DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment E-mail: dcd@co.jefferson.wa.us CONSTRUCTION STORMWATER POLLUTION PREVENTION Best Management Practices (BMPs) Fact Sheet For “small” projects (as determined through the Stormwater Calculation Worksheet), submit Worksheet “S” Small Project Certification. Additionally, the applicant shall consider the twelve Construction Stormwater Pollution Prevention elements and implement applicable BMPs. A set of useful BMPs for typical rural residential construction is attached. There is no additional submittal required as part of the permit application. For “medium” and “large” projects, applicants must submit a Construction Stormwater Pollution Prevention Plan (SWPPP) and a Stormwater Site Plan (applicants may use Worksheet B1 or equivalent). The following twelve elements must be considered for Construction Stormwater Pollution Prevention before and during the construction phase of the project: 1.Mark Clearing Limits 7.Protect Drain Inlets 2.Establish Construction Access 8.Stabilize Channels and Outlets 3.Control Flow Rates 9.Control Pollutants 4.Install Sediment Controls 10.Control De-Watering 5.Stabilize Soils 11.Maintain Best Management Practices 6.Protect Slopes 12.Manage The Project Each of the twelve elements is described in more detail below: 1.Mark Clearing Limits By minimizing the limits of clearing on the site, a builder can minimize stormwater runoff and provide effective control of pollution. 2.Establish Construction Access Much of the sediment that leaves a construction site does so on the wheels of delivery and construction vehicles that drive off a project site. Construction access must be limited to a single location and a properly constructed Stabilized Construction Entrance (BMP C105) should be included on the site. 3.Control Flow Rates Stormwater that leaves a project site unimpeded may exceed the capacity of the existing stormwater control facilities downstream and may contain sediment that may be deposited as the velocity of the runoff decreases. Stormwater protection on a construction site should include measures to control the flow rate of runoff from the site. This can be done by installing a Sediment Trap (BMP C240) or other measure that will impede the flow of water off a construction site. 4.Install Sediment Controls In addition to limiting the rate of stormwater flow off a construction site, measures should be put in place to treat the runoff and remove sediment. Limiting of the cleared area (Element 1) will assist in this effort, but there will be exposed soils that may move with the runoff. Suggested BMPs for controlling sediment include Straw Wattles (BMPC235), Brush Barrier (BMP C231), Gravel Filter Berm (BMP C232), and Silt Fence (BMP C233). Installation of a Sediment Trap (Element 3) is an additional sediment control feature. Log Item 36 Page 55 of 218 construction Pollution Prevention Page 2 of 3 5/31/2019 5.Stabilize Soils An additional measure that can minimize sediment transport in runoff is to stabilize soils on the site with mulch or some other covering. This will limit the amount of soil that is exposed to rainfall, thus limiting the sediment that could potentially leave the site. BMPs that could be used for this include Mulching (BMP C121), Nets and Blankets (BMP C122), and Plastic Covering (BMP C123). During periods of dry weather dust can become a problem and sediment could be transported from the site in high winds. BMP C140 Dust Control should be followed to limit loss of soils in windy conditions. 6.Protect Slopes If the cleared area includes slopes of 3:1 (Horizontal: Vertical) or steeper, the slopes should be protected to limit runoff. If the slopes are not protected, rills and gullies may form, transporting sediment to the lower elevations and potentially off the construction site. The slopes sh ould be graded to minimize erosion and runoff at the downstream end of the slopes, and runoff should be collected and treated. The following BMPs could be used Surface Roughening (BMP C130), Interceptor Dike and Swale (BMP C200), and Pipe Slope Drains (BMP C204). 7.Protect Drain Inlets Runoff from urban construction sites often discharges into existing stormwater collection systems. Water enters the collection system through drain inlets. If there are drain inlets downstream of a construction site, they should be protected using BMP C220 Storm Drain Inlet Protection. 8.Stabilize Channels and Outlets Any temporary on-site channels or ditches that are used to control runoff should be stabilized to prevent erosion in the channel. BMP C202 Channel Lining and BMP C209 Outlet Protection should be used. 9.Control Pollutants The best way to control pollution is to limit the source of pollution. Construction debris should be maintained in a safe location. Vehicle maintenance on the construction site should be minimized and any spill should be promptly cleaned up. Concrete spillage should be kept to a minimum and cleaning of the concrete trucks after they have unloaded should be done in an area that will not drain off site (see BMP C151 Concrete Handling). 10.Control Dewatering In some cases, excavation for the foundation or below ground structures will encounter ground water. This water must be removed (dewatered) from the excavation. Discharge of this ground water must be treated in a manner that will not cause damage downstream due to flow rates or added pollution. There are no specific BMP identified for this activity, but the water should be handled with care to assure that soils or other pollutants are not added to this flow. 11.Maintain BMPs Installation of the appropriate BMPs is not adequate to completely control stormwater runoff. The BMPs that have been installed on the project must be inspected and maintained during the duration of the construction project. In addition, the temporary controls that were installed for construction should be removed within 30 days of completion of the work. Typically, once construction has been completed, the temporary facilities are not maintained, and by removing the facilities, it will ensure that these won’t f ail and discharge water or sediment that had been previously trapped or contained. 12.Manage the Project Management of a project has four aspects: 1.Phasing construction to prevent transportation of runoff and sediment, 2.Limiting the work during seasons where large amounts of rainfall could be anticipated, 3.Coordination with Utilities and other Contractors, and 4.Inspection and Monitoring. All of these for aspects are important and must be followed to ensure a project that will have minimal impact on the environment. Volume II of the Manual contains additional BMPs that could be used on-site. The applicant is encouraged to review the Manual to see if other BMPs may be applicable to, or more useful on, a particular site. Log Item 36 Page 56 of 218 construction Pollution Prevention Page 3 of 3 5/31/2019 Best Management Practices from 2014 Ecology Stormwater Management Manual The following BMPs for Construction Stormwater Pollution Prevention are sediment and erosion control measures for the construction phase of typical rural residential development. Some projects may not require implementation of all of these BMPs; others may require additional measures not listed here. Click on the BMP to learn more about each BMP’s purpose and design: II-4.1 Source Control BMPs BMP C101: Preserving Natural Vegetation BMP C102: Buffer Zones BMP C103: High Visibility Fence BMP C105: Stabilized Construction Entrance / Exit BMP C106: Wheel Wash BMP C107: Construction Road/Parking Area Stabilization BMP C120: Temporary and Permanent Seeding BMP C121: Mulching BMP C122: Nets and Blankets BMP C123: Plastic Covering BMP C124: Sodding BMP C125: Topsoiling / Composting BMP C126: Polyacrylamide (PAM) for Soil Erosion Protection BMP C130: Surface Roughening BMP C131: Gradient Terraces BMP C140: Dust Control BMP C150: Materials on Hand BMP C151: Concrete Handling BMP C152: Sawcutting and Surfacing Pollution Prevention BMP C153: Material Delivery, Storage and Containment BMP C154: Concrete Washout Area BMP C160: Certified Erosion and Sediment Control Lead BMP C162: Scheduling II-4.2 Runoff Conveyance and Treatment BMPs BMP C200: Interceptor Dike and Swale BMP C201: Grass-Lined Channels BMP C202: Channel Lining BMP C203: Water Bars BMP C204: Pipe Slope Drains BMP C205: Subsurface Drains BMP C206: Level Spreader BMP C207: Check Dams BMP C208: Triangular Silt Dike (TSD) (Geotextile-Encased Check Dam) BMP C209: Outlet Protection BMP C220: Storm Drain Inlet Protection BMP C231: Brush Barrier BMP C232: Gravel Filter Berm BMP C233: Silt Fence BMP C234: Vegetated Strip BMP C235: Wattles BMP C236: Vegetative Filtration BMP C240: Sediment Trap BMP C241: Temporary Sediment Pond BMP C251: Construction Stormwater Filtration Log Item 36 Page 57 of 218 Log Item 36 Page 58 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 1 of 15 WASHINGTON STATE Joint Aquatic Resources Permit Application (JARPA) Form 1,2 [help] USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. (Revised by Applicant 5-26-20) Part 1–Project Identification 1. Project Name (A name for your project that you create. Examples: Smith’s Dock or Seabrook Lane Development) [help] BDN LLC Geoduck Farm Part 2–Applicant The person and/or organization responsible for the project. [help] 2a. Name (Last, First, Middle) Nelson, Brad 2b. Organization (If applicable) BDN LLC 2c. Mailing Address (Street or PO Box) 3011 Chandler Street 2d. City, State, Zip Tacoma, WA 98409 2e. Phone (1) 2f. Phone (2) 2g. Fax 2h. E-mail (253) 377-3353 (253) 566-1178 brad@seaproducks.com 1Additional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a Regional General Permit (RGP), contact the U.S. Army Corps of Engineers for application information (206) 764-3495. • Not all cities and counties accept the JARPA for their local Shoreline permits. If you need a Shoreline permit, contact the appropriate city or county government to make sure they accept the JARPA. 2To access an online JARPA form with [help] screens, go to http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx. For other help, contact the Governor’s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov. AGENCY USE ONLY Date received: Agency reference #: Tax Parcel #(s): Oct 22 2020 Log Item 36 Page 59 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 2 of 15 Part 3–Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11b of this application.) [help] 3a. Name (Last, First, Middle) Sheppard, Kenneth 3b. Organization (If applicable) Simburg, Ketter, Sheppard & Purdy, LLP 3c. Mailing Address (Street or PO Box) 999 Third Ave., Suite 2525 3d. City, State, Zip Seattle, WA, 98104 3e. Phone (1) 3f. Phone (2) 3g. Fax 3h. E-mail (206) 382-2600 (206) 223-3929 ksheppard@sksp.com Part 4–Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. [help] ☐ Same as applicant. (Skip to Part 5.) ☐ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) ☐ There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. ☐ Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don’t know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization. 4a. Name (Last, First, Middle) Smersh, James 4b. Organization (If applicable) 4c. Mailing Address (Street or PO Box) P.O. Box 1246 4d. City, State, Zip Mercer island, WA 98040 4e. Phone (1) 4f. Phone (2) 4g. Fax 4h. E-mail (206) 963-5571 Log Item 36 Page 60 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 3 of 15 Part 5–Project Location(s) Identifying information about the property or properties where the project will occur. [help] ☐ There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) [help] ☒ Private ☐ Federal ☐ Publicly owned (state, county, city, special districts like schools, ports, etc.) ☐ Tribal ☐ Department of Natural Resources (DNR) – managed aquatic lands (Complete JARPA Attachment E) 5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [help] Project Area is aquatic. Nearby Street address of upland property: 1160-1254 Shine Road 5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [help] Port Ludlwo, WA 98365 5d. County [help] Jefferson 5e. Provide the section, township, and range for the project location. [help] ¼ Section Section Township Range NW 3 27N 1E 5f. Provide the latitude and longitude of the project location. [help] • Example: 47.03922 N lat. / -122.89142 W long. (Use decimal degrees - NAD 83) NW Corner: 47.866644, - 122.663644; NE Corner: 47.866313, -122.661231; SW Corner: 47.865831, - 122.663884; SE Corner: 47.865575, -122.661410 5g. List the tax parcel number(s) for the project location. [help] • The local county assessor’s office can provide this information. Jefferson Counyt Parcel 721031007 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) [help] Name Mailing Address Tax Parcel # (if known) Jefferson County P.O. Box 1220, Port Townsend, WA, 98368 721031008 Mark & Judith Johnson 1234 Shine Road, Port Ludlow, WA, 98365 721031023 E&S Davis Living Trust P.O. Box 65351, Port Ludlow, WA, 98365 721831024 James and Susan Simpkins 24215 SE 34th Place, Issaquah, WA 98029 721031025 Log Item 36 Page 61 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 4 of 15 5i. List all wetlands on or adjacent to the project location. [help] None 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [help] Squamish Harbor 5k. Is any part of the project area within a 100-year floodplain? [help] ☐ Yes ☒ No ☐ Don’t know 5l. Briefly describe the vegetation and habitat conditions on the property. [help] A survey was conducted on 8/20/13 to record habitat conditions at the site of the proposed project. Substrate and other features identified were as follows: sand, pea gravel, cobble, barnacles, mud, scattered Anthlopeura elegantissima, and patchy sand dollars. The microalgae consisted of Ulva, native eelgrass (Zostera marina), and non-native dwarf eelgrass (Zostera japonica). See the Biological Evaluation for additional detail. The site has also been surveyed several times to map the extent of the Z. marina bed. Confluence Environmental conducted an eelgrass survey on July 20, 2016 to reconfirm the extent of the eelgrass bed previously surveyed In September 2015. Both Z. marina and Z. japonica are present within the project site. Z. marina is abundant at subtidal and lower intertidal elevations, while Z. japonica is very sparsely distributed at higher intertidal elevations. A bed of dense, robust Z. marina is located seaward of the extreme low tide elevation (approximately -2 ft. MLLW). Landward of this dense bed edge the beach is substantially composed of bare sand with occasional patches of sparse Z. japonica. No Z. marina is present landward of approximately -2 ft. MLLW. Planting of geoducks is planned between approximately +2 MLLW and a 5-meter (16.4 ft.) buffer of the dense Z. marina bed edge. The eelgrass survey performed by Confluence is attached to the enclosed Specific Project Information Form ("SPIF"). Because more than one year has lapsed since the previous survey was completed, the Washington State Department of Ecology and Jefferson County requested that the bed edge be re-verified to ensure the proposed project will be sited at least 16 feet from native eelgrass so as to reduce the potential for negative impacts to protected resources. A biologist knowledgeable in Pacific Northwest seagrass identification and survey methods visited the Smersh parcel during low tide on June 28th, 2018 between 11:00 am and 1:00 pm. At that time, water elevations ranged from -0.3 feet to -1.6 feet relative to MLLW. The surveyor crisscrossed the entire parcel while scanning the substrate to the left and right to locate and identify any submerged aquatic vegetation, with a specific focus on locating native eelgrass. As with previous surveys, very small, sparse patches of non-native Japanese eelgrass (Zostera japonica) were found widely distributed between approximately +2 feet and -1 foot MLLW. No native eelgrass was found above -1 foot MLLW. A dense bed of native eelgrass with a patchy margin was observed below approximately -1 to -2 feet MLLW. The location of the landward edge of the native eelgrass bed was accurately recorded using a differential GPS with sub-meter accuracy. The 2018 bed edge closely matches the 2016 bed edge in some areas but the patchy margin has receded waterward in many areas Nowhere has the bed expanded landward of the 2016 margin. Thus, the geoduck planting area proposed in 2016, and permitted by the Corps in 2017, will not be altered in the application for a Jefferson County conditional use permit. (See attached Proposed Smersh Geoduck Farm: 2018 Zostera marina bed edge re-verification, dated July 9, 2018.) 5m. Describe how the property is currently used. [help] The tidelands have been used for typical beach recreational activities. Log Item 36 Page 62 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 5 of 15 5n. Describe how the adjacent properties are currently used. [help] The adjacent upland properties are single family residential. Nearby tidelands include existing geoduck farms. 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. [help] The site currently has a decayed bulkhead above MHHW and a small rock jetty on the western border. 5p. Provide driving directions from the closest highway to the project location, and attach a map. [help] From the east end of the Hood Canal Bridge, take the bridge west on SR 104. Go 1.8 miles and turn left onto Shine Road. The Project site is located 1.1 miles to the west. Part 6–Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. [help] The proposed project would establish an intertidal geoduck farm. 6b. Describe the purpose of the project and why you want or need to perform it. [help] The purpose of this proposed project is to grow geoduck for a wholesale market. 6c. Indicate the project category. (Check all that apply) [help] ☒ Commercial ☐ Residential ☐ Institutional ☐ Transportation ☐ Recreational ☐ Maintenance ☐ Environmental Enhancement 6d. Indicate the major elements of your project. (Check all that apply) [help] ☒ Aquaculture ☐ Bank Stabilization ☐ Boat House ☐ Boat Launch ☐ Boat Lift ☐ Bridge ☐ Bulkhead ☐ Buoy ☐ Channel Modification ☐ Culvert ☐ Dam / Weir ☐ Dike / Levee / Jetty ☐ Ditch ☐ Dock / Pier ☐ Dredging ☐ Fence ☐ Ferry Terminal ☐ Fishway ☐ Float ☐ Floating Home ☐ Geotechnical Survey ☐ Land Clearing ☐ Marina / Moorage ☐ Mining ☐ Outfall Structure ☐ Piling/Dolphin ☐ Raft ☐ Retaining Wall (upland) ☐ Road ☐ Scientific Measurement Device ☐ Stairs ☐ Stormwater facility ☐ Swimming Pool ☐ Utility Line ☐ Other: Log Item 36 Page 63 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 6 of 15 6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. [help] • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year floodplain. BDN proposes to cultivate Pacific geoduck (Panopea generosa). The planting area will consist of approximately 5.15 acres, generally between approximately +2 ft. MLLW and a 5-meter (16.4 ft.) buffer of the native eelgrass (Zostera marina) bed edge, located between approximately -1MLLW and -2 MLLW. To protect geoduck seed from predators, PVC tubes 4” in diameter by 10" long will be manually placed in the substrate at low tide, while the tidelands are exposed, before any geoduck seed is planted. The tubes are inserted into the substrate such that at least half of the tube is below the substrate and the remainder is above it. A low pressure water hose may be used to loosen the substrate sufficiently to properly insert the tubes. Tubes will be spaced at approximately one tube per square foot in the planting area. Only 3”-5" of the tubes will be exposed above the substrate. Tubes will be labeled with contact information for BDN. 12-25 workers will work to insert these PVC tubes during each approximately 5-hour shift. This will allow for approximately 6,000-10,000 tubes to be placed per day. Geoduck seed will then be obtained from a certified hatchery and typically planted in the installed PVC tubes when 4-5 mm in size. The juvenile geoducks will be placed in the installed tubes by divers during times when the tubes are submerged. No water jets will be used during placement of the seed in the PVC tubes. The PVC tubes will be covered with a mesh cap and secured with UV- resistant rubber bands after the seed has been planted. Planting will begin in spring and continue through fall. Planting activities will occur once per year, typically in June or July, over a period of 20- 25 days. No netting will be installed over the tubes, and no rebar or other materials will be used in connection with the planting maintenance or harvest activities. The installed PVC tubes are very resistant to dislocation during severe weather, or from geoduck movement and activity, so no securing nets are necessary. Any dislodged tubes do not float, and thus tend to remain on or near the tract even if dislodged, where they can be retrieved by regular beach inspections. No fill materials or other nursery/grow-out structures will be installed on the site. The project may result in the removal of non-native Japanese dwarf eelgrass (Z. japonica) located in the proposed planted area. Site inspections will be made weekly, or more frequently if needed due to adverse weather or citizen complaints, to ensure that PVC tubes have not become dislodged. BDN has implemented an aquaculture gear maintenance plan, appended as Attachment I-2, to address potential gear escapement and to facilitate quick recovery of any gear displaced by storm activity. Site inspections will be generally conducted by 2-4 BDN employees walking the tidelands and surrounding areas at low tide. Site maintenance will also include monitoring and relocation of built-up drift microalgae (e.g. Ulva). If low tide periods occur at night, these workers may use individual LED headlamps for such inspection and maintenance work. If any maintenance work is required, this will be performed by as many as four people, but should typically require no more than 1 hour for each such maintenance event. No vessel operations will take place at night. Two years after planting, when the geoducks have reached a depth sufficient to avoid predators, beach workers will remove the tubes by hand at low tide. Consistent with Corps requirements, if any herring spawn is found on the PVC tubes, they will not be removed until the eggs have hatched. The tubes will be placed in large bags and removed for reuse or proper upland disposal. Usually, harvesting will begin between five and six years after planting; the exact timing of harvesting will depend on a variety of environmental and economic factors. The total harvest window is expected to be 1-2 years. The majority of harvesting will be conducted at high tides by divers using surface-supplied air. A small amount of beach harvesting will be conducted during the "cleanup" harvest phase at the end of the harvesting period when there are fewer geoducks Log Item 36 Page 64 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 7 of 15 remaining on the beach. Both dive harvests and beach harvests use the same extraction equipment. A diesel or gasoline engine located on the work skiff is used to power a water jet nozzle that loosens the substrate around each geoduck. The engine will have a muffler to minimize noise impacts. The water intake hose will include a 2.36 mm wire mesh screen covering the intake to prevent fish entrainment in the low-pressure pump. The water jet nozzle is at the end of an approximately 150' long, 1.5" delivery hose. The nozzle is approximately 27" long and may supply up to 20-30 gallons of water per minute at 40 psi After geoducks are removed from the substrate as described above, they will be stored in crates located on the work skiff prior to transport off-site. During both dive and beach harvesting, the work skiff will not be anchored in any native eelgrass beds. Dive harvests will be conducted during daylight hours. Divers work within a 150' radius of the work skiff at depths of 5' to 20' using surface supplied air. The vessel engine will be turned off while divers are working for diver safety. When beach harvesting, the skiff is regularly moved so that it always remains near the water's edge. Water hoses are then run from the skiff to the beach. Dive harvests will employ 1 diver and 2 support workers in the skiff. Dive harvesting will usually last for 3-to 6 hours each harvest day. Beach harvests will employ 2 workers on the beach and 2 support workers on the skiff. Harvesting activities at this location will occur only during daylight hours, over a period of about 5 hours per day, averaging 3-4 harvest days per week during the one to two year harvest period. BDN will comply with Corps' conditions associated with herring, surf smelt, and sand lance spawning. 6f. What are the anticipated start and end dates for project construction? (Month/Year) [help] • If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage. Start Date: Immediately upon issuance of Jefferson County Shoreline Conditional Use Permit. End Date: Continuous ☐ See JARPA Attachment D 6g. Fair market value of the project, including materials, labor, machine rentals, etc. [help] $515,000 6h. Will any portion of the project receive federal funding? [help] • If yes, list each agency providing funds. ☐ Yes ☒ No ☐ Don’t know Log Item 36 Page 65 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 8 of 15 Part 7–Wetlands: Impacts and Mitigation ☒ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) [help] 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help] ☒ Not applicable 7b. Will the project impact wetlands? [help] ☐ Yes ☒ No ☐ Don’t know 7c. Will the project impact wetland buffers? [help] ☐ Yes ☒ No ☐ Don’t know 7d. Has a wetland delineation report been prepared? [help] • If Yes, submit the report, including data sheets, with the JARPA package. ☐ Yes ☒ No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help] • If Yes, submit the wetland rating forms and figures with the JARPA package. ☐ Yes ☒ No ☐ Don’t know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help] • If Yes, submit the plan with the JARPA package and answer 7g. • If No, or Not applicable, explain below why a mitigation plan should not be required. ☐ Yes ☒ No ☐ Don’t know 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [help] Not Applicable 7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below) where we can find this information in the plan. [help] Activity (fill, drain, excavate, flood, etc.) Wetland Name1 Wetland type and rating category2 Impact area (sq. ft. or Acres) Duration of impact3 Proposed mitigation type4 Wetland mitigation area (sq. ft. or acres) Not Applicable Log Item 36 Page 66 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 9 of 15 1 If no official name for the wetland exists, create a unique name (such as “Wetland 1”). The name should be consistent with other project documents, such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. 3 Indicate the days, months or years the wetland will be measurably impacted by the activity. Enter “permanent” if applicable. 4 Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In-lieu fee (B) Page number(s) for similar information in the mitigation plan, if available: 7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. [help] No fill will be used. 7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. [help] Not Applicable Part 8–Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, “waterbodies” refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [help] ☒ Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. [help] ☐ Not applicable Fueling of vessels will be done at gas stations and never on the water. Vessels will either be moored directly offshore of the site outside of eelgrass beds and/or grounded for a maximum of five hours during the low tide runs to accommodate cultivation activities (planting, maintenance, and harvesting). BDN will comply with all conditions provided in the Corps' 2015 Programmatic Biological Assessment for Shellfish Activities in Washington State Inland Marine Waters. 8b. Will your project impact a waterbody or the area around a waterbody? [help] ☐ Yes ☒ No Log Item 36 Page 67 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 10 of 15 8c. Have you prepared a mitigation plan to compensate for the project’s adverse impacts to non-wetland waterbodies? [help] • If Yes, submit the plan with the JARPA package and answer 8d. • If No, or Not applicable, explain below why a mitigation plan should not be required. ☐ Yes ☒ No ☐ Don’t know No mitigation plan has been prepared because there are no known adverse impacts on non-wetland waterbodies. 8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7g you do not need to restate your answer here. [help] Not Applicable 8e. Summarize impact(s) to each waterbody in the table below. [help] Activity (clear, dredge, fill, pile drive, etc.) Waterbody name1 Impact location2 Duration of impact3 Amount of material (cubic yards) to be placed in or removed from waterbody Area (sq. ft. or linear ft.) of waterbody directly affected Not Applicable 1 If no official name for the waterbody exists, create a unique name (such as “Stream 1”) The name should be consistent with other documents provided. 2 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 3 Indicate the days, months or years the waterbody will be measurably impacted by the work. Enter “permanent” if applicable. 8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. [help] Not applicable; there is no fill associated with the proposed project. 8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. [help] Not applicable; there is no excavation or dredging associated with the proposed project. Log Item 36 Page 68 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 11 of 15 Part 9–Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. [help] Agency Name Contact Name Phone Most Recent Date of Contact Army Corps of Engineers Pam Sanguinetti (206) 764-6904 3/14/2017 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology’s 303(d) List? [help] • If Yes, list the parameter(s) below. • If you don’t know, use Washington Department of Ecology’s Water Quality Assessment tools at: https://ecology.wa.gov/Water- Shorelines/Water-quality/Water-improvement/Assessment-of-state-waters-303d. ☐ Yes ☒ No 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help] • Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC. 17110018 9d. What Water Resource Inventory Area Number (WRIA #) is the project in? [help] • Go to https://ecology.wa.gov/Water-Shorelines/Water-supply/Water-availability/Watershed-look-up to find the WRIA #. WRIA 17 Quilcene-Snow 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [help] • Go to https://ecology.wa.gov/Water-Shorelines/Water-quality/Freshwater/Surface-water-quality-standards/Criteria for the standards. ☒ Yes ☐ No ☐ Not applicable During all site activities (anchor installation, planting, maintenance and harvest) turbidity will not exceed: • 10 NTUs over background when the background is 50 NTUs or less; or • A 20 percent increase in turbidity when the background turbidity is more than 50 NTUs. 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [help] • If you don’t know, contact the local planning department. • For more information, go to: https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal- planning/Shoreline-laws-rules-and-cases. ☐ Urban ☐ Natural ☒ Aquatic –Shoreline Residential ☐ Conservancy ☐ Other: Log Item 36 Page 69 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 12 of 15 9g. What is the Washington Department of Natural Resources Water Type? [help] • Go to http://www.dnr.wa.gov/forest-practices-water-typing for the Forest Practices Water Typing System. ☒ Shoreline ☐ Fish ☐ Non-Fish Perennial ☐ Non-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecology’s most current stormwater manual? [help] • If No, provide the name of the manual your project is designed to meet. ☐ Yes ☒ No – Not Applicable Name of manual: 9i. Does the project site have known contaminated sediment? [help] • If Yes, please describe below. ☐ Yes ☒ No 9j. If you know what the property was used for in the past, describe below. [help] Private tidelands 9k. Has a cultural resource (archaeological) survey been performed on the project area? [help] • If Yes, attach it to your JARPA package. ☐ Yes ☒ No 9l. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. [help] See Biological Evaluation 9m. Name each species or habitat on the Washington Department of Fish and Wildlife’s Priority Habitats and Species List that might be affected by the proposed work. [help] See Biological Evaluation Log Item 36 Page 70 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 13 of 15 Part 10–SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.oria.wa.gov/opas/. • Governor’s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov. • For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help] • For more information about SEPA, go to https://ecology.wa.gov/regulations-permits/SEPA-environmental-review. ☐ A copy of the SEPA determination or letter of exemption is included with this application. ☒ A SEPA determination is pending with Jefferson County Department of Community Development (lead agency). The expected decision date is Thirty Days after submission of a completed Permit Application . ☐ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) [help] ☐ This project is exempt (choose type of exemption below). ☐ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ☐ Other: ☐ SEPA is pre-empted by federal law. 10b. Indicate the permits you are applying for. (Check all that apply.) [help] LOCAL GOVERNMENT Local Government Shoreline permits: ☐ Substantial Development ☒ Conditional Use ☐ Variance ☐ Shoreline Exemption Type (explain): Other City/County permits: ☐ Floodplain Development Permit ☐ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: ☐ Hydraulic Project Approval (HPA) ☐ Fish Habitat Enhancement Exemption – Attach Exemption Form Washington Department of Natural Resources: ☐ Aquatic Use Authorization Complete JARPA Attachment E and submit a check for $25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: ☐ Section 401 Water Quality Certification (See Attached DOE Letter dated 1-6-17 that Certification is not required) FEDERAL AND TRIBAL GOVERNMENT United States Department of the Army (U.S. Army Corps of Engineers): ☐ Section 404 (discharges into waters of the U.S.) ☐ Section 10 (work in navigable waters) Log Item 36 Page 71 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 14 of 15 United States Coast Guard: ☐ General Bridge Act Permit ☐ Private Aids to Navigation (for non-bridge projects) United States Environmental Protection Agency: ☐ Section 401 Water Quality Certification (discharges into waters of the U.S.) on tribal lands where tribes do not have treatment as a state (TAS) Tribal Permits: (Check with the tribe to see if there are other tribal permits, e.g., Tribal Environmental Protection Act, Shoreline Permits, Hydraulic Project Permits, or other in addition to CWA Section 401 WQC) ☐ Section 401 Water Quality Certification (discharges into waters of the U.S.) where the tribe has treatment as a state (TAS). Log Item 36 Page 72 of 218 ORIA-16-011 Revised by Applicant 5-26-20 Page 15 of 15 Part 11–Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. [help] 11a. Applicant Signature (required) [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this application. _________ (initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering the property where the project is located to inspect the project site or any work related to the project. _________ (initial) Brad Nelson 5/26/20 Applicant Printed Name Applicant Signature Date 11b. Authorized Agent Signature [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Kenneth Sheppard 5/25/20 Authorized Agent Printed Name Authorized Agent Signature Date 11c. Property Owner Signature (if not applicant) [help] Not required if project is on existing rights-of-way or easements (provide copy of easement with JARPA). I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. James Smersh 5/26/20 Property Owner Printed Name Property Owner Signature Date 18 U.S.C §1001 provides that: Whoever, in any manner within the jurisdiction of any department 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 $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact the Governor’s Office for Regulatory Innovation and Assistance (ORIA) at (800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833- 6341. ORIA publication number: ORIA-16-011 rev. 09/2018 Log Item 36 Page 73 of 218 County's Exhibit 4 - Page 028 Oct 22 2020 Log Item 36 Page 74 of 218 County's Exhibit 4 - Page 029 Log Item 36 Page 75 of 218 County's Exhibit 4 - Page 030 Log Item 36 Page 76 of 218 County's Exhibit 4 - Page 031 Log Item 36 Page 77 of 218 County's Exhibit 4 - Page 032 xxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxx Log Item 36 Page 78 of 218 County's Exhibit 4 - Page 033 xxxxxx xxxxxxxxxxxx xxxx xxxxxx xxxxxxxxx xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxx xxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxx xxxxx xxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxx Log Item 36 Page 79 of 218 County's Exhibit 4 - Page 034 Log Item 36 Page 80 of 218 County's Exhibit 4 - Page 035 xxxxxxxxxxx Log Item 36 Page 81 of 218 County's Exhibit 4 - Page 036 Log Item 36 Page 82 of 218 County's Exhibit 4 - Page 037 Log Item 36 Page 83 of 218 County's Exhibit 4 - Page 038 Log Item 36 Page 84 of 218 County's Exhibit 4 - Page 039 Log Item 36 Page 85 of 218 County's Exhibit 4 - Page 040 Log Item 36 Page 86 of 218 County's Exhibit 4 - Page 041 Log Item 36 Page 87 of 218 County's Exhibit 4 - Page 042 Log Item 36 Page 88 of 218 County's Exhibit 4 - Page 043 Log Item 36 Page 89 of 218 County's Exhibit 4 - Page 044 xxxxxx Log Item 36 Page 90 of 218 County's Exhibit 4 - Page 045 xxxxxxxxxxxxxx Log Item 36 Page 91 of 218 County's Exhibit 4 - Page 046 Log Item 36 Page 92 of 218 County's Exhibit 4 - Page 047 Log Item 36 Page 93 of 218 County's Exhibit 4 - Page 048 Log Item 36 Page 94 of 218 County's Exhibit 4 - Page 049 Log Item 36 Page 95 of 218 County's Exhibit 4 - Page 050 Log Item 36 Page 96 of 218 County's Exhibit 4 - Page 051Log Item 36 Page 97 of 218 County's Exhibit 4 - Page 052Log Item 36 Page 98 of 218 County's Exhibit 4 - Page 053 Log Item 36 Page 99 of 218 County's Exhibit 4 - Page 054 Log Item 36 Page 100 of 218 County's Exhibit 4 - Page 055 Log Item 36 Page 101 of 218 County's Exhibit 4 - Page 056 Log Item 36 Page 102 of 218 County's Exhibit 4 - Page 057 Log Item 36 Page 103 of 218 County's Exhibit 4 - Page 058 Log Item 36 Page 104 of 218 County's Exhibit 4 - Page 059 Log Item 36 Page 105 of 218 County's Exhibit 4 - Page 060 Log Item 36 Page 106 of 218 County's Exhibit 4 - Page 061 Log Item 36 Page 107 of 218 County's Exhibit 4 - Page 062 Log Item 36 Page 108 of 218 County's Exhibit 4 - Page 063 Log Item 36 Page 109 of 218 County's Exhibit 4 - Page 064 Log Item 36 Page 110 of 218 County's Exhibit 4 - Page 065 Log Item 36 Page 111 of 218 County's Exhibit 4 - Page 066 Log Item 36 Page 112 of 218 County's Exhibit 4 - Page 067 Log Item 36 Page 113 of 218 County's Exhibit 4 - Page 068 Log Item 36 Page 114 of 218 County's Exhibit 4 - Page 069 Log Item 36 Page 115 of 218 County's Exhibit 4 - Page 070 Log Item 36 Page 116 of 218 County's Exhibit 4 - Page 071 Log Item 36 Page 117 of 218 County's Exhibit 4 - Page 072 Log Item 36 Page 118 of 218 County's Exhibit 4 - Page 073 Log Item 36 Page 119 of 218 County's Exhibit 4 - Page 074 Log Item 36 Page 120 of 218 County's Exhibit 4 - Page 075 Log Item 36 Page 121 of 218 County's Exhibit 4 - Page 076 Log Item 36 Page 122 of 218 To: Pamela Sanguinetti, U.S. Army Corps of Engineers cc: Robert Smith, Plauché & Carr LLP Brad Nelson, BDN From: Grant Novak, Confluence Environmental Company Date: October 15, 2020 Re: Addendum to Biological Evaluation of BDN LLC Smersh Geoduck Aquaculture Project (NWS-2013-1268) This document is intended to amend the Biological Evaluation (“BE”) provided by Marine Surveys and Assessments, Inc., dated October 28, 2013. At the request of the Corps, Confluence has performed additional eelgrass surveys to confirm the location of native eelgrass (Zostera marina) at the Smersh/Nelson site. This Addendum updates the BE through updating the location of native eelgrass on the site, revising the location of proposed geoduck planting consistent with the location of the eelgrass bed and Corps’ eelgrass buffer requirements, and provides additional analysis regarding the potential for indirect effects to threatened or endangered species listed under the Endangered Species Act (ESA) due to potential impacts to eelgrass from geoduck culture and harvest activities. This Addendum is intended to supplement the original analysis in the BE and any descriptions or analysis not modified herein should be considered to still be valid and accurate. A. REVISIONS TO PROJECT DESCRIPTION Based upon the updated eelgrass survey, BDN has revised its proposed planted area as shown on Figure 1. The revised planted area will consist of approximately 5.15 acres, generally between approximately +2 ft. MLLW and a 5-meter (16.4-ft) buffer of the dense Z. marina bed edge, located between approximately -1 MLLW and -2 MLLW.1,2 There are also a couple of minor modifications to BDN’s proposed operations as compared to what is described in the BE. BDN employees working at the Smersh parcel will now park primarily on a private upland parcel (Assessor’s No.821344064), or on property owned by James Smersh located across the street from the project site as a staging area. Further, while BDN may use a skiff in the manner described in Section 4.b.(1) of the BE (pg. 6), most site inspections will be conducted by walking the beds at low tide. 1 On a July 21, 2016 site visit, the Corps requested clarification as to whether area netting would be used. BDN does not anticipate using area nets. 2 The tidal elevations described herein are approximate. The planted area, location of the eelgrass bed, and extent of the eelgrass buffer are all described by GPS coordinates that have been provided to the Corps. Log Item 36 Page 123 of 218 www.confenv.com page 2 of 6 B. ADDITIONAL EELGRASS SURVEYS Confluence performed several additional eelgrass surveys on the Smersh parcel. On September 4, 2015, Confluence used a towed video system with integrated Global Positioning System (GPS) to collect information about native eelgrass presence/absence. The towed video data were collected in transects running perpendicular to the beach and spaced about every 45 feet. In addition, a transect that ran parallel to the shoreline was collected along the anticipated eelgrass bed edge and landward of the edge. The video system electronically recorded latitude and longitude to aid in the mapping of native eelgrass locations. A differential GPS (dGPS) with sub-meter accuracy was used to collect positions at one second intervals during the towed video surveys. To aid mapping, a proprietary program created by Confluence was used when reviewing the video to characterize the presence/absence of eelgrass. The entirety of the field-collected video data was reviewed in the office on a high definition monitor to ensure that habitat variables were accurately characterized. Tabular data describing the vegetative cover, substrate material, relief, and complexity were then joined, using a time stamp, to the dGPS positions thereby allowing the high quality characterization of video in the office to be linked to the dGPS positions and video data collected in the field. During the September 29, 2015 survey, the edge of native eelgrass was confirmed using snorkel-based surveys and a dGPS unit at the Smersh site. Two biologists snorkeled the landward native eelgrass boundary using a floating dGPS unit to precisely collect location data. The biologists divided the area into two eelgrass zones: patchy vs. continuous. These zones were mapped according to the following criteria: (1) Patchy = individual shoots or small patches of native eelgrass (typical of shoots migrating from the main eelgrass bed), (2) Continuous = the main native eelgrass bed with few locations where eelgrass was absent (typical of a fringe eelgrass bed). The landward edge of the patchy eelgrass zone was considered to be the upper (or landward) extent of native eelgrass habitat. Underwater video, using a GoPro HERO4 camera, was collected during the snorkel-based surveys. The results from the September 2015 eelgrass surveys are depicted in Figure 2. Pursuant to the Corps’ request, Confluence conducted another eelgrass survey on the Smersh parcel on July 20, 2016 to reconfirm the extent of the eelgrass bed surveyed in 2015. A surveyor walked the Z. marina bed edge, recording the location using a GPS unit with decimeter accuracy. The location of the marina bed edge was substantially similar to that mapped by Confluence in 2015 and is depicted in Figure 1. C. ADDITIONAL ANALYSIS REGARDING EFFECTS TO EELGRASS Effects to eelgrass have the potential to result in changes to ecosystem functions provided by eelgrass beds at the Smersh/Nelson site and, thereby, to ESA-listed species that may benefit from those services. 1. Location of Eelgrass Beds Log Item 36 Page 124 of 218 www.confenv.com page 3 of 6 Both native eelgrass (Z. marina) and non-native dwarf eelgrass (Zostera japonica) are present at the proposed Smersh/Nelson geoduck culture site. Z. marina is abundant at subtidal and lower intertidal elevations, while Z. japonica is very sparsely distributed at higher intertidal elevations. A bed of dense, robust Z. marina is located seaward of the extreme low tide elevation (approximately -2 ft. mean lower low water [MLLW]) (Figure 1). Landward of this dense bed edge the beach is substantially composed of bare sand with occasional patches of sparse Z. japonica. No Z. marina is present landward of approximately -2’ MLLW. Planting of geoducks is planned between approximately +2 ft. MLLW and a 5- meter (16.4-ft) buffer of the dense Z. marina bed edge (Figure 1). 2. Effects to Native Eelgrass from Planting and Maintenance Activities As mentioned above, the project will incorporate a 5-meter buffer from the identified Z. marina eelgrass bed, consistent with the Corps’ conservation measure included in the Programmatic Biological Assessment concerning Shellfish Activities in Washington State Inland Marine Waters (“PBA”). The Biological Opinions submitted by the National Marine Fisheries Service (“NMFS”) and U.S. Fish & Wildlife Service both confirm that the buffer will adequately protect eelgrass for new shellfish farms. For example, NMFS found that new farms “will be required to follow the 16-foot buffer requirements from native eelgrass, this is not expected to diminish eelgrass density or function of existing eelgrass.” NMFS, Endangered Species Act (ESA) Section 7(a)(2) Biological Programmatic Opinion and Magnuson- Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation: Washington State Commercial Shellfish Aquaculture and Restoration Programmatic (2016), at pg. 72. 3. Impacts to Non-Native Eelgrass (Z. japonica) The project may result in the removal of Z. japonica located in the planted area or adverse effects to Z. japonica from project operations. However, Z. japonica is not a threatened or protected species. To the contrary, the Washington State Noxious Weed Control Board (NWCB) has classified Z. japonica as a Class C noxious weed (WAC 16-750-015). Aquatic plants on the noxious weed list are considered “to be highly destructive, competitive, or difficult to control . . .” (WAC 16-750-001). In adopting the listing, the NWCB justified the regulation partially based on concerns that Z. japonica can increase the deposition of silt and detritus. Protecting Z. japonica would be contrary to the State’s designation of the plant as a Class C noxious weed. Therefore, impacts to Z. japonica existing on the site are considered to be a less than significant impact.3 3 This amends statements made in the original BE that “Z. japonica will not be removed from the site during planting. Instead, planting will occur through these patches” (BE, pg. 5) and “Still, any activities that reduce harm to Z. japonica, such as planting around the patches, would maintain additional valuable habitat at this site” (BE, pg. 15). While the initial BE notes that Z. japonica creates three-dimensional habitat and complexity as compared to mudflats (pg. 15), as noted above, geoduck aquaculture provides similar three-dimensional complexity through the introduction of tubes. Further, BDN’s operations west of the project site have documented that BDN’s proposed geoduck aquaculture can coexist with Z. japonica. Log Item 36 Page 125 of 218 www.confenv.com page 4 of 6 Figure 1. Proposed Geoduck Planting Plan and July 2016 Eelgrass Density Zones Log Item 36 Page 126 of 218 www.confenv.com page 5 of 6 Figure 2. Proposed Geoduck Planting Plan and September 2015 Eelgrass Density Zones Log Item 36 Page 127 of 218 Log Item 36 Page 128 of 218 146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com BDN Inc. SMERSH FARM CUMULATIVE IMPACTS REPORT FINAL REPORT Prepared for: Brad Nelson, BDN Inc. May 2019, Revised September 2020 Oct 22 2020 Log Item 36 Page 129 of 218 146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com BDN Inc. SMERSH FARM CUMULATIVE IMPACTS REPORT FINAL REPORT Prepared for: BDN Inc. 3011 S. Chandler St. Tacoma, WA 98409 Attn: Brad Nelson Authored by: Confluence Environmental Company May 2019, Revised September 2109 Log Item 36 Page 130 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT May 2019 Page i TABLE OF CONTENTS 1.0 INTRODUCTION ................................................................................................................................................... 1 2.0 PROJECT DESCRIPTION .................................................................................................................................... 1 3.0 EFFECTS ANALYSIS ........................................................................................................................................... 3 3.1 Biological Impacts ..................................................................................................................................... 3 3.1.1 Water Quality ............................................................................................................................ 4 3.1.1.1 Filtration .................................................................................................................................... 4 3.1.1.2 Turbidity During Harvest ........................................................................................................... 4 3.1.2 Habitat Functions ...................................................................................................................... 5 3.1.2.1 Sediment Character/Quality ...................................................................................................... 5 3.1.2.2 Sediment Supply and Delivery .................................................................................................. 5 3.1.2.3 Submerged Aquatic Vegetation ................................................................................................ 6 3.2 Impacts to Navigation ............................................................................................................................... 8 3.3 Impacts to Aesthetics ............................................................................................................................... 8 3.4 Impacts to Public Access .......................................................................................................................... 9 4.0 CONCLUSION ...................................................................................................................................................... 9 5.0 REFERENCES .................................................................................................................................................... 11 TABLES Table 1. Cumulative Impact Determinations. ................................................................................................................. 9 FIGURES Figure 1. Project area and vicinity. ................................................................................................................................. 1 Figure 2. Eelgrass delineation (2016, 2018) results. ...................................................................................................... 7 Log Item 36 Page 131 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 1 1.0 INTRODUCTION BDN, Inc. has leased parcel 721031007 (Smersh parcel) on Shine Road, west of the Hood Canal Bridge, and is proposing to operate a geoduck farm at the site (Figure 1). A conditional use permit is required by Jefferson County and, as part of the permit application, a cumulative impacts assessment has been requested by the County pursuant to Jefferson County Code (JCC) 18.25.440 and JCC 18.25.590. This report provides an assessment of cumulative impacts that may result from the proposed project. Cumulative environmental effects can be defined as environmental effects caused by the combined results of past, current, and future activities. This assessment incorporates the following factors in an assessment and summation of potential cumulative impacts: current ecological functions, human factors influencing shoreline processes, foreseeable future shoreline development, beneficial effects of regulatory programs, and conservation measures. Figure 1. Project area and vicinity. 2.0 PROJECT DESCRIPTION BDN, Inc proposes to plant up to 5.15 acres of geoducks at the site between +2 feet and approximately ‐2 feet relative to mean lower low water (MLLW). The lower boundary of planting will be determined based on the location of the eelgrass bed below approximately ‐2 feet MLLW (Confluence 2016, 2018a). Log Item 36 Page 132 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 2 To protect geoduck seed from predators, PVC tubes 4” in diameter by 10” long would be placed into the sandy substrate at low tide, while the tidelands are exposed, before any geoduck seed is planted. Tubes would be placed at an approximate density of 1 tube per square foot with 3” to 5” of the tube exposed above the substrate. . A low pressure water hose may be used to loosen the substrate sufficiently to properly insert the PVC tubes. Tubes will be labeled with contact information for BDN. 12‐25 workers will work to insert these tubes during each approximately 5‐hour shift. This will allow for approximately 6,000‐10,000 tubes to be placed per day. Geoduck seed will then be obtained from a certified hatchery and typically planted in the installed PVC tubes when 4‐5 mm in size. The juvenile geoducks will be placed in the installed tubes by divers during times when the tubes are submerged. No water jets will be used during placement of the seed in the PVC tubes. The tubes will be clipped shut at the top by the divers, using plastic clips, after the seed has been planted. Planting will begin in spring and continue through fall. Planting activities will occur once per year, typically in June or July, over a period of 20‐25 days. No netting will be installed over the tubes, and no rebar or other materials will be used in connection with the planting maintenance or harvest activities. No fill materials or other nursery/grow‐out structures will be installed on the site. There will be no removal of native materials from the site during site preparation. Excessive amounts of macroalgae (e.g. Ulva) may be hand‐raked away from the planting area but will be left on the site. Successive tides will redistribute algae across the site. Weekly site inspections will be made to ensure that PVC tubes have not become dislodged. BDN has implemented an aquaculture gear maintenance plan, appended as Attachment K, to address potential gear escapement and to facilitate quick recovery of any gear displaced by storm activity. Site inspections will be generally conducted by 2‐4 BDN employees walking the tidelands and surrounding areas at low tide. Site maintenance will also include monitoring and relocation of built‐up drift microalgae (e.g. Ulva). Two years after planting, when the geoducks have reached a depth sufficient to avoid predators, beach workers will remove the tubes by hand at low tide. Consistent with Corps requirements, if any herring spawn is found on the tubes, they will not be removed until the eggs have hatched. The PVC tubes will be placed in large bags and removed for reuse or proper upland disposal. When needed, lighting on the beach will be limited to individual LED headlamps. Standard navigational lighting will be used on vessels. Usually, harvesting will begin between five and six years after planting; the exact timing of harvesting will depend on a variety of environmental and economic factors. The total harvest window is expected to be 1‐2 years. The majority of harvesting will be conducted at high tides Log Item 36 Page 133 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 3 by divers using surface‐supplied air. A small amount of beach harvesting will be conducted during the "cleanup" harvest phase at the end of the harvesting period when there are fewer geoducks remaining on the beach. Both dive harvests and beach harvests use the same extraction equipment. A diesel or gasoline engine located on the work skiff is used to power a water jet nozzle that loosens the substrate around each geoduck. The engine will have a muffler to minimize noise impacts. The water intake hose will include a 2.36 mm wire mesh screen covering the intake to prevent fish entrainment in the low‐pressure pump. The water jet nozzle is at the end of an approximately 150' long, 1.5" delivery hose. The nozzle is approximately 27" long and may supply up to 20‐30 gallons of water per minute at 40 psi. After geoducks are removed from the substrate as described above, they will be stored in crates located on the work skiff prior to transport off‐site. During both dive and beach harvesting, the work skiff will not be anchored in any native eelgrass beds. Dive harvests will be conducted during daylight hours. Divers work within a 150' radius of the work skiff at depths of 5' to 20' using surface supplied air. The vessel engine will be turned off while divers are working for diver safety. When beach harvesting, the skiff is regularly moved so that it always remains near the water's edge. Water hoses are then run from the skiff to the beach. Dive harvests will employ 1 diver and 2 support workers in the skiff. Dive harvesting will usually last for 3‐to 6 hours each harvest day. Beach harvests will employ 2 workers on the beach and 2 support workers on the skiff. Harvesting activities at this location will occur only during daylight hours, over a period of about 5 hours per day, averaging 3‐4 harvest days per week during the one to two year harvest period. BDN will comply with Corps' conditions associated with herring, surf smelt, and sand lance spawning. 3.0 EFFECTS ANALYSIS Potential effects to fish and wildlife habitat, boat navigation, aesthetics, and public access/use are considered in this assessment. Biological impacts and visual impacts have been assessed in detail in separate reports (Confluence 2018b, Confluence 2018c). Summaries of the findings of those assessments are included below in addition to evaluations of effects to boat navigation and public access. 3.1 Biological Impacts Biological impacts are discussed below as a function of potential effects to water quality (i.e. filtration by shellfish, turbidity during harvest) and physical habitat functions (i.e. sediment quality, sediment supply and delivery, submerged aquatic vegetation). Additional detail on each of these elements is provided in Confluence 2018b. Log Item 36 Page 134 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 4 3.1.1 Water Quality Potential effects to water quality and fish and wildlife species or their habitat are different during the growing and harvest phases of geoduck aquaculture. During the growth phase, geoducks filter phytoplankton and other particles from the water column. During harvest, sediment is re‐suspended into the water column. These two aspects are addressed in further detail below. 3.1.1.1 Filtration The depth at which photosynthetic submerged aquatic vegetation (SAV) can grow is limited by the depth at which light penetrates through the water column. Shellfish aquaculture can result in a beneficial reduction in turbidity, and increase in light penetration, due to removal of phytoplankton and particulate organic matter through filtration. Improvements to water clarity and light penetration can improve habitat conditions through the growth of SAV. Shellfish aquaculture or the presence of a naturally dense bivalve community may provide some control of human nutrient loading to water bodies. Bivalves remove phytoplankton and suspended sediment from the water column through filtration, which can have a net benefit to water quality. When shellfish are harvested, sequestered nutrients are permanently removed from the system which benefits areas with high nutrient loading, such as Hood Canal. Shellfish aquaculture infrastructure also provide microhabitats for communities of nitrifying microbes. Through filtration, sequestration, and hosting of nitrifying microbes, commercial shellfish aquaculture can be considered a net benefit to water quality ecosystem functions. 3.1.1.2 Turbidity During Harvest Geoducks can be harvested when the tide is out or by divers when the tide is in; both methods use a water jet to loosen the sediment around the geoduck which causes a temporary increase in suspended sediment and turbidity. A geoduck harvest event is limited geographically and temporally compared to natural storm events which increase suspended sediment and turbidity to comparable levels. Exposure to high levels of suspended sediment can stress fish and result in reduced survival and growth but studies have shown that fish are likely to avoid localized, elevated turbidity events such as a geoduck harvest. Both the timing and intensity of potential harvest impacts are below the natural disturbance regime of typical Puget Sound storm events (VanBlaricom et al. 2015). Experimental results show that levels of total suspended sediment associated with geoduck harvest are low, with the majority of sediment deposited within 3 feet of the harvest hole (Short and Walton 1992). Additionally, mobile species are able to avoid the area during harvest activity. Harvest will happen only periodically (e.g. 5‐7 years after geoducks have been planted). Because turbidity Log Item 36 Page 135 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 5 impacts during harvest are anticipated to be similar to, or less than, natural storm events, harvest is not anticipated to result in negative impacts to ecological functions. 3.1.2 Habitat Functions In‐water projects may have the potential to alter sediment character and quality, sediment supply and delivery, or distribution of submerged aquatic vegetation. Changes to these elements could result in either negative or beneficial alteration of habitat in the vicinity of the project. The potential effects to each of these elements from geoduck culture and harvest is discussed further below. 3.1.2.1 Sediment Character/Quality Sediment along the north shore of Squamish Harbor is primarily sandy in the lower elevations with gravel and cobble on the upper intertidal beach. No sediment contaminants are known in the proposed project area and the surrounding land use is low density residential, so industrial sediment contaminants are not likely to be found in the area. The proposed project will not be using any chemicals that may cause sediment contamination. The proposed project would not change existing sediment character or quality. 3.1.2.2 Sediment Supply and Delivery The sandy beach on the north shore of Squamish Harbor slopes gradually and is exposed to wind‐generated waves from the south, where winter storms typically come from in Puget Sound. East of the project area there is a high, eroding bluff that supplies sediment to the beach. Net shore‐drift of sediment is to the west, from the eroding bluff toward the proposed project site (Ecology 2019). Shoreline armoring is prevalent along the north shore of Squamish Harbor, which may generally limit sediment supply in the area (ESA Adolphson et al. 2008). The two types of potential disturbances associated with geoduck aquaculture that could affect sediment supply and delivery include the use of tubes and netting that slow the transport of sediments, and sediment re‐suspension due to harvest activities. A small accumulation of sediment may collect in the proposed geoduck tubes and is expected to rapidly redistribute through wave and current action after one or two tidal cycles following the removal of tubes (Short and Walton 1992). During a geoduck harvest, the overlying sediments are loosened around the clam by a low‐ pressure water hose. Although this activity results in minor, localized changes in elevation and sediment grain size, both quickly return to baseline conditions within one month after harvest (Short and Walton 1992). In summary, geoduck harvest and the presence of culture tubes do not lead to significant impacts to sediment transport or bathymetry. Minor changes in elevation may persist for up to Log Item 36 Page 136 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 6 1 month, but these effects are insignificant compared to the natural sediment dynamics along the shoreline associated with the project area. 3.1.2.3 Submerged Aquatic Vegetation A dense bed of eelgrass (Zostera marina) extends from approximately ‐3 ft MLLW, waterward of the project area to an unknown depth. A narrow band of sparse, patchy eelgrass is landward of the dense bed between approximately ‐2 and ‐3 feet MLLW. Several sparse patches of non‐ native dwarf eelgrass (Zostera japonica) were observed distributed in the proposed project area. Throughout the Puget Sound, a 16‐foot protective buffer around native eelgrass beds is used to minimize the impact of new shellfish aquaculture activities (Corps 2015). The width of this buffer is based on field experiments and observations that suggest the maximum distance of seed dispersal is 5 meters (16.4 ft) and the maximum potential annual migration zone is ‐5m to +4m (DNR unpublished data, Ruckelshaus 1996). By maintaining a protective buffer around eelgrass beds of 16 ft, it is presumed that geoduck farming activities would not intersect eelgrass beds and would have no impact on the growth and survival of nearby native eelgrass. At present, eelgrass occurs at least 16 ft from the proposed geoduck planting area based on multiple bed delineation surveys (Confluence 2016, 2018a). While eelgrass beds are known to expand, contract, and shift on an annual basis, it is not likely that eelgrass would move into the proposed culture area. The consistent location of the eelgrass bed edge mapped in two surveys two years apart indicates the stability of this landward bed edge, with little change to the extent of dense eelgrass found below ‐2 ft MLLW (Confluence 2016, 2018a). The location of the landward edge of eelgrass beds is largely determined by physical characteristics associated with the intertidal zone; primarily desiccation stress (Koch 2001, Boese et al. 2005). Eelgrass higher in the intertidal zone is exposed to air more frequently and for longer durations with each tidal cycle, resulting in increased desiccation damage (Boese et al. 2005). Zostera species are relatively tolerant of desiccation, but patches of Z. marina in the higher intertidal zone are usually associated with drainage channels or depressions (Thom 1990). Z. japonica is more tolerant of desiccation and therefore occurs at higher tidal elevations than the native eelgrass (Leuschner et al. 1998). Log Item 36 Page 137 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 7 Figure 2. Eelgrass delineation (2016, 2018) results. Waves can also limit the expansion of eelgrass beds, as seedlings and new shoots are not tolerant of high current velocities and wave action (Koch 2001). The Smersh parcel faces south into Hood Canal and is positioned such that waves originating in the southern portions of Hood Canal have approximately 12 miles of fetch in which to gain amplitude. Prevailing winds over the Puget Sound are south or southwest during the winter, when the strongest storms move in off the Pacific Ocean (Finlayson 2006). Southerly winter winds and long fetch distances create the potential for significant wave action at the proposed farm site. During low tide events at the project location, the beach is exposed to waves and resulting scour/erosion, as well as desiccation; both of which increase stress on the plants and limit its landward expansion. Thus, the edge of the native eelgrass bed is unlikely to move to areas landward of its current extent at approximately ‐2 ft MLLW. Macroalgae beds are not found in or near the project area. Green algae (Ulva spp) were present at a very low density, attached to a small number of hard objects such as derelict clam shells in the proposed aquaculture area. Log Item 36 Page 138 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 8 Macroalgae density is anticipated to increase in the project area due to geoduck farming as the PVC tubes provide solid substrate required by macroalgae for attachment and growth. Because the project will be located outside of a 16‐foot protective buffer from native eelgrass, no negative effects are anticipated to occur to eelgrass due to the proposed project and there may be an ecological lift from the potential increase in other macroalgal species on the tubes . 3.2 Impacts to Navigation The project parcel is located adjacent to the W.R. Hicks County Park, which includes a small boat ramp. Thus, there is potential for boat traffic and recreational use of the surrounding waters by small boats and kayaks. Because geoducks are grown in the sediment and associated tubes have very low relief (less than 5 inches), boating and kayaking is unlikely to be significantly affected. Additionally, the intertidal area where the farm is proposed is shallow and not generally suitable for boating making impacts to boat navigation unlikely. Usual aquaculture activities (i.e. weekly farm maintenance) will require up to four workers accessing the intertidal beach during low tide. Because this routine activity does not occur in the water, no impacts to kayaking are anticipated. Also, while up to two boats may be required to support harvest events, this level of boat traffic is not expected to significantly affect kayaking or other recreational boating activity. 3.3 Impacts to Aesthetics A visual impacts assessment was completed as part of this project and indicates that visual impacts due to the project would be very low (Confluence 2018b). The proposed geoduck planting area covers less than 5 percent of the cone of vision when viewed from nearby residences. The project is 500 feet wide along the nearly 2‐mile‐long northern shoreline of Squamish Harbor. The Smersh site is located on a heavily altered shoreline in a medium‐density, residential neighborhood. The shoreline has been altered by rip rap hardening, there is a concrete boat ramp and gravel parking lot on the adjacent public property, riparian trees have been removed from a number of the adjacent properties to increase private views, and the paved roadway is adjacent to the shoreline for approximately 1 mile next to the Smersh parcel. Tides low enough to expose the planting area follow a seasonal pattern in the Puget Sound region. Larger‐magnitude summer low tides occur during daylight hours, while winter low tides occur at night. Therefore, geoduck tubes are more visible in summer, and minimal in winter. Also, geoduck tubes have very low relief and natural macroalgae colonizes equipment rapidly, quickly resulting in natural color and texture. Given the site is visible only a small portion of the time, the site is not visible from heavily traveled routes, the surroundings are heavily altered by local residential development, and the Log Item 36 Page 139 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 9 geoduck tubes will quickly take on a natural color due to colonization by aquatic flora and fauna, there would be only very low impacts to aesthetics. 3.4 Impacts to Public Access Beach walking, clam digging, crabbing, fishing, boating, and kayaking are common recreational activities near the proposed farm site. The project parcel is located next to a public county park but is itself located on private tidelands. Thus, there will be no impacts to beach access as part of this project as the tidelands are not currently accessible by the public. Due to the only slight emergence of the tubes above the substrate (5 inches), water dependent uses (e.g. boat access, kayak access) will not be significantly affected. 4.0 CONCLUSION Based on communication with Jefferson County, no other like actions are present or proposed in the area that will cumulatively increase impacts to the area (Bausher 2018, Frostholm 2019). As presented above, the proposed project would have minimal negative impact on the local shoreline and some beneficial impacts. Past and current use of the area is residential and any impacts to the shoreline are incorporated into existing background conditions. Thus, the cumulative impact of the project on the local ecosystem would range from none to minor as summarized in Table 1. Table 1. Cumulative Impact Determinations. Impact Category Cumulative Impact Determination Rationale for Impact Determination Biological (Water Quality and Habitat Functions) None  Filtration by geoducks may improve water quality in the vicinity of the proposed project area.  Turbidity will be temporarily increased during harvest, but this will not negatively impact habitat because effects are less than natural disturbance levels.  Sediment character and quality will not change as part of the proposed project.  Sediment supply and delivery may be temporarily impacted by accumulating sediment during the proposed project and releasing sediment during harvest.  Protective buffers will be maintained around native eelgrass and macroalgae may be beneficially impacted during the proposed project by increasing the substrate where it can establish. Navigation None  The proposed project has very low relief (e.g., 0.25 feet) and is located in an area generally unsuitable for boating (shallow). Log Item 36 Page 140 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 10 Impact Category Cumulative Impact Determination Rationale for Impact Determination Aesthetics Minor  The proposed project will be visible for only short duration during very low tides.  Maintenance will occur monthly to ensure farm is tidy and tubes have not become dislodged.  While not in use, equipment will be stored off-site. Public Access None  Proposed project is located on private tidelands with no public access.  Water dependent uses (e.g. boat access, kayak access) will not be affected because geoduck equipment extends only 5 inches above substrate. Log Item 36 Page 141 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 11 5.0 REFERENCES Bausher, A. 2018. Personal communication between Anna Bausher, Jefferson County – Development Review Division, and Grant Novak, Confluence Environmental. June, 14, 2018 Boese, B. L., Robbins, B. D., & Thursby, G. (2005). Desiccation is a limiting factor for eelgrass (Zostera marina L.) distribution in the intertidal zone of a northeastern Pacific (USA) estuary. Botanica Marina, 48(4), 274‐283. Confluence (Confluence Environmental Company). 2016. BDN Eelgrass Delineation – Final Report. October 31, 2016. Confluence. 2018a. 2018 Zostera marina bed edge re‐verification. July, 2018. Confluence. 2018b. Smersh Farm Habitat Management Plan and No Net Loss Report. June, 2018. Confluence. 2018c. Smersh Farm Visual Assessment. June, 2018. Ecology (Washington Department of Ecology). 2019. Washington State Coastal Atlas Map. https://fortress.wa.gov/ecy/coastalatlas/tools/Map.aspx. Accessed on May 9, 2019. ESA Adolphson, Searun Consulting, LaRoche+Associates, and Coastal Geologic Services. 2008. Jefferson County Shoreline Master Program Update Project – Final Shoreline Restoration Plan. Prepare for Jefferson County Department of Community Development. Ecology Grant#G0600343. October 2008. Finlayson, David P. 2006. The Geomorphology of Puget Sound Beaches. Doctoral dissertation. University of Washington, Seattle. Koch, E. W. (2001). Beyond light: physical, geological, and geochemical parameters as possible submersed aquatic vegetation habitat requirements. Estuaries, 24(1), 1‐17. Leuschner, C., Landwehr, S., & Mehlig, U. (1998). Limitation of carbon assimilation of intertidal Zostera noltii and Z. marina by desiccation at low tide. Aquatic Botany, 62(3), 171‐176. Ruckelshaus, M.H. (1996). Estimation of genetic neighborhood parameters from pollen and seed dispersal in the marine angiosperm Zostera marina. Evolution 50(2):865‐864 Short, K.S., and R. Walton. 1992. The transport and fate of suspended sediment plumes associated with commercial geoduck harvesting, Final Report. Prepared for the State of Washington Department of Natural Resources. Prepared by Ebasco Environmental, Bellevue, Washington. Log Item 36 Page 142 of 218 BDN Inc. - SMERSH FARM CUMULATIVE IMPACTS REPORT June 2018 Page 12 Thom, R. M. (1990). Spatial and temporal patterns in plant standing stock and primary production in a temperate seagrass system. Botanica marina, 33(6), 497‐510. U.S. Army Corps of Engineers, Seattle District (Corps). 2015. Shellfish Activities in Washington State Inland Marine Waters. U.S. Army Corps of Engineers Regulatory Program. Available at: https://www.nws.usace.army.mil/Portals/27/docs/regulatory/NewsUpdates/Shellfish_PBA_ 30_Oct_2015.pdf?ver=2016‐09‐07‐185805‐287 Vanblaricom, G. R., Eccles, J. L., Olden, J. D., & Mcdonald, P. S. (2015). Ecological effects of the harvest phase of geoduck (Panopea generosa Gould, 1850) aquaculture on infaunal communities in southern Puget Sound, Washington. Journal of Shellfish Research, 34(1), 171‐188. Log Item 36 Page 143 of 218 Log Item 36 Page 144 of 218 146 N Canal St, Suite 111  Seattle, WA 98103  www.confenv.com   To: Anna Bausher, Jefferson County Department of Community Development cc: Rick Mraz, Washington State Department of Ecology; Brad Nelson, BDN Inc. From: Grant Novak, Confluence Environmental Company Date: July 9, 2018 Re: BDN Inc. - Proposed Smersh Geoduck Farm: 2018 Zostera marina bed edge re-verification This memo summarizes the findings of surveys conducted by Confluence Environmental Company  (Confluence) to re‐verify the location of the landward edge of the native eelgrass (Zostera marina)  bed on Jefferson County parcel 721031007 (Smersh parcel). The bed edge was previously surveyed in  2016 by Confluence.  Representatives of the U.S. Corps of Engineers (Matthew Bennett, Pamela  Sanguinetti, and Deborah Schaeffer) visited the Smersh parcel on July 21, 2016 to confirm the  findings of the 2016 eelgrass delineation. The Corps was in agreement with the methods and agreed  that the boundaries of the dense and patchy eelgrass beds were appropriately mapped at that time.  Because more than one year has lapsed since the previous survey was completed, the Washington  State Department of Ecology and Jefferson County have requested that the bed edge be re‐verified to  ensure the proposed geoduck aquaculture project will be sighted at least 16 feet from native eelgrass  so as to reduce the potential for negative impacts to protected resources.   A biologist knowledgeable in Pacific Northwest seagrass identification and survey methods visited  the Smersh parcel during low tide on June 28th between 11:00 am and 1:00 pm. During the time of the  survey, water elevations ranged from ‐0.3 feet to ‐1.6 feet relative to mean lower low water (MLLW).  The surveyor crisscrossed the entirety of the parcel while scanning the substrate to the left and right  in an effort to locate and identify any submerged aquatic vegetation at the site, with a specific focus  on locating native eelgrass.    As with previous surveys, very small, sparse patches of non‐native Japanese eelgrass  (Zostera japonica) were found widely distributed between approximately +2 feet and ‐1 foot MLLW.  No native eelgrass was found above ‐1 foot MLLW. A dense bed of native eelgrass with a patchy  margin was observed below approximately ‐1 to ‐2 feet MLLW. The location of the landward edge of  the native eelgrass bed was accurately recorded using a differential GPS with sub‐meter accuracy.  The 2018 bed edge closely matches the 2016 bed edge in some areas but the patchy margin has  receded waterward in many areas (Figure 1). Nowhere has the bed expanded landward of the 2016  margin.  Thus, the geoduck planting area proposed in 2016, and permitted by the Corps in 2017, will  not be altered in the application for a Jefferson County conditional use permit.   Oct 22 2020 Log Item 36 Page 145 of 218     www.confenv.com page 2 of 2 Figure 1. Comparison of 2016 and 2018 Native Eelgrass Bed Edge. Log Item 36 Page 146 of 218 146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com Smersh Farm Habitat Management Plan and No Net Loss Report FINAL REPORT Prepared for: BDN, LLC October 2019, Revised September 2020 Oct 22 2020 Log Item 36 Page 147 of 218 146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com Smersh Farm Habitat Management Plan and No Net Loss Report FINAL REPORT Prepared for: BDN, LLC Attn: Brad Nelson Prepared by: Grant Novak Confluence Environmental Company October 2019, Revised September 2020 Log Item 36 Page 148 of 218 BDN Habitat Management Plan and No Net Loss Report Page i TABLE OF CONTENTS 1.0 INTRODUCTION .............................................................................................................................................. 1 2.0 PROJECT DESCRIPTION ............................................................................................................................... 1 2.1 Planting and Grow-Out .................................................................................................................................... 3 2.2 Maintenance .................................................................................................................................................... 4 2.2.1 Site Inspection ........................................................................................................................................ 4 2.2.2 Tube Removal......................................................................................................................................... 4 2.3 Harvesting ........................................................................................................................................................ 5 2.4 Habitat Management Plan ............................................................................................................................... 6 2.4.1 Maintenance, Repair, and Operation ...................................................................................................... 6 2.4.2 Species-Specific Activities ...................................................................................................................... 7 2.4.3 Farm Plan Record-Keeping Log ............................................................................................................. 8 3.0 EFFECTS ANALYSIS ...................................................................................................................................... 8 3.1 Noise................................................................................................................................................................ 9 3.1.1 Existing Conditions ................................................................................................................................. 9 3.1.1.1 Airborne Noise ........................................................................................................................................ 9 3.1.1.2 Underwater Noise ................................................................................................................................... 9 3.1.2 Effects of Noise ..................................................................................................................................... 10 3.1.2.1 Effects of Airborne Noise ...................................................................................................................... 10 3.1.2.2 Effects of Underwater Noise ................................................................................................................. 11 3.1.3 Summary of Noise Effects .................................................................................................................... 12 3.2 Water Quality ................................................................................................................................................. 13 3.2.1 Existing Conditions ............................................................................................................................... 13 3.2.2 Effects to Water Quality ........................................................................................................................ 13 3.2.3 Filtration Effects .................................................................................................................................... 13 3.2.4 Harvest Effects...................................................................................................................................... 15 3.2.5 Summary of Effects to Water Quality .................................................................................................... 16 3.3 Sediment Quality ........................................................................................................................................... 17 3.3.1 Existing Sediment Conditions ............................................................................................................... 17 3.3.2 Effects to Sediment Quality ................................................................................................................... 17 3.4 Sediment Transport and Bathymetry ............................................................................................................. 18 3.4.1 Existing Conditions ............................................................................................................................... 18 3.4.2 Effects to Sediment Transport and Bathymetry .................................................................................... 18 3.4.3 Addition of Gear .................................................................................................................................... 18 3.4.4 Harvest Activities .................................................................................................................................. 19 3.4.5 Summary of Effects to Sediment Tranport and Bathymetry .................................................................. 19 3.5 Migration, Access, and Refugia ..................................................................................................................... 19 Log Item 36 Page 149 of 218 BDN Habitat Management Plan and No Net Loss Report October 2019 Page ii 3.5.1 Existing Conditions ............................................................................................................................... 20 3.5.2 Effects to Migration, Access, and Refugia ............................................................................................ 20 3.6 Forage Fish .................................................................................................................................................... 21 3.6.1 Existing Conditions ............................................................................................................................... 21 3.6.2 Effects to Forage Fish ........................................................................................................................... 21 3.6.3 Spawning Habitat Overlap .................................................................................................................... 21 3.6.4 Sediment Mobilization ........................................................................................................................... 22 3.6.5 Summary of Effects to Forage Fish ...................................................................................................... 22 3.7 Benthic Infauna and Epifauna ........................................................................................................................ 22 3.7.1 Existing Conditions ............................................................................................................................... 22 3.7.2 Effects to Benthic Infauna and Epifauna ............................................................................................... 22 3.7.3 Culture Tube Placement Effects ........................................................................................................... 22 3.7.4 Harvest Effects...................................................................................................................................... 23 3.7.5 Summary of Effects to Benthic Infauna and Epifauna ........................................................................... 24 3.8 Waterfowl ....................................................................................................................................................... 24 3.8.1 Existing Conditions ............................................................................................................................... 24 3.8.2 Summary of Effects to Waterfowl .......................................................................................................... 24 3.9 Aquatic Vegetation ......................................................................................................................................... 26 3.9.1 Existing Conditions ............................................................................................................................... 26 3.9.2 Effects to Aquatic Vegetation ................................................................................................................ 27 3.10 Plastics and toxicity ....................................................................................................................................... 27 3.10.1 Existing Conditions ............................................................................................................................... 27 3.10.2 Summary of Effects from Plastics and Toxicity ..................................................................................... 27 3.11 Summary of Potential Effects......................................................................................................................... 28 4.0 REFERENCES ............................................................................................................................................... 31 TABLES Table 1. Underwater Noise Thresholds by Functional Hearing Group ......................................................................... 11 Table 2. Clearance Rate Calculations for Pacific Oyster, Manila Clam, and Geoduck ................................................ 14 Table 3. Summary of Potential Effects from Geoduck Aquaculture ............................................................................. 29 FIGURES Figure 1. Smersh Parcel and Vicinity ............................................................................................................................. 1 Figure 2. Proposed Geoduck Planting Area and Distances from High Water ................................................................ 2 Figure 3 Marine Birds Foraging in Shellfish Beds ........................................................................................................ 25 Figure 4 Scoters Foraging on Mussels Encrusting Geoduck Culture Tubes ................................................................ 26 Log Item 36 Page 150 of 218 BDN Habitat Management Plan and No Net Loss Report Page 1 1.0 INTRODUCTION BDN, Inc., (BDN) has leased parcel 721031007 (Smersh parcel) on Shine Road, in Squamish Harbor, west of the Hood Canal Bridge and is proposing to operate a geoduck farm at the site (Figure 1). A conditional use permit is required by Jefferson County and, as part of the permit application, a habitat management plan and no net loss report are required (JCC 18.25.440). The standard of “No Net Loss” of ecological functions was established by Washington State in the Shoreline Management Act of 1971 and is implemented through a framework outlined in Jefferson County’s Shoreline Master Program. This document presents an assessment of the proposed aquaculture activities and demonstrates how geoduck aquaculture at the Smersh parcel will be managed to achieve no net loss of ecological functions. 2.0 PROJECT DESCRIPTION The project, if approved with current design, will consist of the following elements as described below. Potential impacts described herein are based on this current design. BDN proposes to plant up to 5.15 acres of geoducks at the site between +2 feet and approximately -2 feet relative to mean lower low water (MLLW) (Figure 2). The lower boundary of planting has been Figure 1. Smersh Parcel and Vicinity Log Item 36 Page 151 of 218 BDN Habitat Management Plan and No Net Loss Report Page 2 determined based on the location of the eelgrass bed below approximately -2 feet MLLW (Confluence 2016, Confluence 2018). To protect geoduck seed from predators, PVC tubes 4” in diameter by 10” long would be placed into the sandy substrate at low tide, while the tidelands are exposed, before any geoduck seed is planted. Tubes would be placed at an approximate density of 1 tube per square foot with 3” to 5” of the tube exposed above the substrate. A low pressure water hose may be used to loosen the substrate sufficiently to properly insert the PVCtubes. Tubes will be labeled with contact information for BDN. 12-25 workers will work to insert these tubes during each approximately 5- hour shift. This will allow for approximately 6,000-10,000 tubes to be placed per day. Geoduck seed will then be obtained from a certified hatchery and planted in the installed PVC tubes when 4-5 mm in size. The juvenile geoducks will be placed in the installed PVC tubes by divers during times when the tubes are submerged. No water jets will be used during placement of the seed in the PVC tubes. The tubes will be clipped shut at the top by the divers, using plastic clips, after the seed has been planted. Planting will begin in spring and continue through fall. Planting activities will occur once per year, typically in June or July, over a period of 20-25 days. No netting will be installed over the tubes, and no rebar or other materials will be used in connection with the planting, maintenance or harvest activities. No fill materials or other nursery/grow-out structures will be installed on the site. Figure 2. Proposed Geoduck Planting Area and Distances from High Water Log Item 36 Page 152 of 218 BDN Habitat Management Plan and No Net Loss Report Page 3 2.1 Planting and Grow-Out Locations for geoduck clam aquaculture do not typically require much, if any, site preparation prior to planting because they are located in sandflats or mudflats that do not have large substrate materials. Substrate composition in the proposed culture area is primarily sand. There will be no removal of native materials from the site during site preparation. Excessive amounts of macroalgae (i.e., Ulva) will be hand-raked away from the planting area but left on-site. Successive tides will redistribute algae across the site. Non-native dwarf eelgrass (Zostera japonica), which is very sparsely distributed throughout the proposed planting area (Confluence 2016, Confluence 2018), will not be removed during planting. Native eelgrass (Zostera marina) will not be disturbed and all geoduck planting will occur outside of the 16-foot buffer from eelgrass bed as delineated by Confluence Environmental Company (Confluence) in July 2016 and reverified in 2017. Site preparation, if any, would occur at the same time as culture tube installation. Geoduck seed are highly vulnerable to predation because of their small size and the shallow depth at which they reside in the substrate when small. There will be no active predator removal from the site. Predator control would be achieved through exclusion by planting geoduck seed into plastic PVC culture tubes. Two years after planting, when the geoducks have reached a depth sufficient to avoid predators, beach workers will remove the tubes by hand at low tide. Consistent with Corps requirements, if any herring spawn is found on the PVC tubes, they will not be removed until the eggs have hatched. The PVC tubes will be placed in large bags and removed for reuse or proper upland disposal. Usually, harvesting will begin between five and six years after planting; the exact timing of harvesting will depend on a variety of environmental and economic factors. The total harvest window is expected to be 1-2 years. The majority of harvesting will be conducted at high tides by divers using surface-supplied air. A small amount of beach harvesting will be conducted during the "cleanup" harvest phase at the end of the harvesting period when there are fewer geoducks remaining on the beach. Both dive harvests and beach harvests use the same extraction equipment. A diesel or gasoline engine located on the work skiff is used to power a water jet nozzle that loosens the substrate around each geoduck. The engine will have a muffler to minimize noise impacts. The water intake hose will include a 2.36 mm wire mesh screen covering the intake to prevent fish entrainment in the low-pressure pump. The water jet nozzle is at the end of an approximately 150' long, 1.5" delivery hose. The nozzle is approximately 27" long and may supply up to 20-30 gallons of water per minute at 40 psi. After geoducks are removed from the substrate as described above, they will be stored in crates located on the work skiff prior to transport off-site. During both dive and beach harvesting, the work skiff will not be anchored in any native eelgrass beds. Dive harvests will be conducted during daylight hours. Divers work within a 150' radius of the work skiff at depths of 5' to 20' using surface supplied air. The vessel engine will be turned off while divers are working for diver safety. When beach harvesting, the skiff is regularly moved so that it always remains near the water's edge. Log Item 36 Page 153 of 218 BDN Habitat Management Plan and No Net Loss Report Page 4 Water hoses are then run from the skiff to the beach. Dive harvests will employ 1 diver and 2 support workers in the skiff. Dive harvesting will usually last for 3-to 6 hours each harvest day. Beach harvests will employ 2 workers on the beach and 2 support workers on the skiff. Harvesting activities at this location will occur only during daylight hours, over a period of about 5 hours per day, averaging 3-4 harvest days per week during the one to two year harvest period. BDN will comply with Corps' conditions associated with herring, surf smelt, and sand lance spawning. Site inspections will be made weekly, or more frequently if needed due to adverse weather or citizen complaints, to ensure that PVC tubes have not become dislodged by storm activity. Site inspections will be generally conducted by 2-4 BDN employees walking the tidelands and surrounding areas at low tide. Site maintenance will also include monitoring and relocation of built-up drift macroalgae (e.g. Ulva). If low tide periods occur at night, these workers may use individual LED headlamps for such inspection and maintenance work. If any maintenance work is required, this will be performed by as many as four people but should typically require no more than 1 hour for each such maintenance event. No vessel operations will take place at night. 2.2 Maintenance 2.2.1 Site Inspection Regular site inspections will be made during low tides to ensure that PVC tubes have not become dislodged and drifted onto the beach. All unnatural debris will be removed from the beach to prevent it from entering the water. These regular inspections will continue until all tubes have been removed from the beach. Inspections will typically be made with 2 to 4 workers and staged from the 24-foot work skiff. Inspections will include monitoring for build-up of drift macroalgae. Ulva can unexpectedly inundate a given farm, covering tubes entirely and choking out all sea-life below, including juvenile geoduck clams. Drift algae is typically heaviest in late spring to mid-summer months. If a given farm area becomes heavily infested with the drift algae, the algae can be picked up and moved to the top of the farm area where it can be distributed on the upper beach portion that is not used for farming. 2.2.2 Tube Removal The tubes will be removed when the geoducks have reached a depth sufficient to avoid predators. The depth to which the geoducks can burrow is typically substrate driven, and they tend to burrow more quickly in sandy substrates versus those substrates containing a mixture of shell or gravel. In sandier substrates, the geoducks may burrow to the desired protective depth of 18 to 24 inches in 18 months, whereas in substrates with more gravel, it may take as much as 24 months to accomplish this. In either case, tube removal should be completed within 24 months of planting. All gear installed on a particular beach must be removed during the lowest tides of the year. When a particular beach is ready for gear removal, workers will come to the beach by boat and remove all Log Item 36 Page 154 of 218 BDN Habitat Management Plan and No Net Loss Report Page 5 PVC tubes by hand. Consistent with Corps requirements, prior to removal, PVC tubes will be inspected for herring spawn. If any herring spawn is found, no tubes will be removed until eggs have hatched. Workers will remove the PVC tubes by hand and place them in large bags that will be stored on the work boat until all the gear is removed from the site for reuse or proper upland disposal at an approved disposal site. Tube removal will be done from winter to early summer to avoid Ulva buildup, as the weight of accumulated Ulva can add thousands of pounds to aquaculture equipment. A crew of 10 workers will be used to remove approximately 5,000 tubes per day. 2.3 Harvesting Typically, harvesting will begin between five and six years after planting; the exact timing of harvesting will depend on a variety of environmental and economic factors. The total harvest window is expected to be 1-2 years. The majority of harvesting will be conducted at high tides by divers using surface-supplied air. A small amount of beach harvesting will be conducted during the "cleanup" harvest phase at the end of the harvesting period when there are fewer geoducks remaining on the beach. Both dive harvests and beach harvests use the same extraction equipment. A diesel or gasoline engine located on the work skiff is used to power a water jet nozzle that loosens the substrate around each geoduck. The engine will have a muffler to minimize noise impacts. The water intake would be fitted with screens that meet National Marine Fisheries Service (NMFS) screening criteria to prevent fish entrainment in the low-pressure pump. The water jet nozzle is at the end of an approximately 150' long, 1.5" delivery hose. The nozzle is approximately 27" long and may supply up to 20-30 gallons of water per minute at 40 psi. Harvesting would be accomplished by 2- to 4-person teams. After geoducks are removed from the substrate as described above, they will be stored in crates located on the work skiff prior to transport off-site. During both dive and beach harvesting, the work skiff will not be anchored in any native eelgrass beds. Dive harvests will be conducted during daylight hours. Divers work within a 150' radius of the work skiff at depths of 5' to 20' using surface supplied air. The vessel engine will be turned off while divers are working for diver safety. When beach harvesting, the skiff is regularly moved so that it always remains near the water's edge. Water hoses are then run from the skiff to the beach. Dive harvests will typically employ 1 diver and 2 support workers in the skiff. Dive harvesting will usually last for 3-to 6 hours each harvest day. Beach harvests will employ 2 workers on the beach and 2 support workers on the skiff. Harvesting activities at this location will occur only during daylight hours, over a period of about 5 hours per day, averaging 3-4 harvest days per week during the one to two year harvest period. BDN will comply with Corps' conditions associated with herring, surf smelt, and sand lance spawning. Log Item 36 Page 155 of 218 BDN Habitat Management Plan and No Net Loss Report Page 6 2.4 Habitat Management Plan Avoidance, conservation, and minimization measures that would be adopted at the proposed geoduck farm are consistent with those outlined in relevant shellfish culture conservation measures adopted by the U.S. Army Corps of Engineers (Corps) in their programmatic consultation with the NMFS (2016a) and USFWS (2016) on Nationwide Permit 48 for shellfish farming in the State of Washington. Avoidance of potential effects, where possible, is the priority. The avoidance, conservation, and minimization measures at the proposed geoduck farm include the following and are described in more detail in Sections 2.4.1, 2.4.2, and 2.4.3:  Maintenance, Repair, and Work  Species-Specific Activities  Farm Plan Record-Keeping Log 2.4.1 Maintenance, Repair, and Operation 1. Damage to aquatic vegetation and substrates from boats or barges will be avoided through the following practices:  Boats and barges shall be moored and operated in deeper water and away from aquatic vegetation to prevent potential impacts from propeller scour or anchors.  If boats need to come into the project area for personnel or gear access, then vessels shall not ground in native eelgrass or attached kelp beds.  Groundings will be minimal and temporary and only occur in areas of blank sand where a boat’s grounding will have no effect on fish and wildlife conservation areas or intertidal habitat. Vessels would have approximately 20 square feet of ground contact for up to 6 hours per day during approximately 10 low tide workdays per year.  Measures shall be implemented to prevent anchors, chains, and ropes from dragging on the bottom. No vessels will be anchored over native eelgrass beds.  Intertidal areas shall not be used to store materials such as tools, bags, marker stakes, or PVC tubes. Materials that are not in use or immediately needed shall be removed to an off-site storage area and the site kept clean of litter.  All excess or unsecured materials and trash shall be removed from the beach prior to the next incoming tide.  Moving large substrate materials (e.g., logs, rocks) during aquaculture operations shall be avoided to the extent feasible. Where the relocation of such features is necessary, they shall be relocated no farther than another section of the nearby beach. Log Item 36 Page 156 of 218 BDN Habitat Management Plan and No Net Loss Report Page 7  There shall be no modification of substrate in an effort to improve conditions for geoduck clam aquaculture. 2. Operators of vehicles or machinery will reduce contamination from vehicles and equipment through the following practices:  Pump intakes (e.g., geoduck harvest) that use seawater shall be screened in accordance with NMFS and Washington Department of Fish and Wildlife (WDFW) criteria to protect fish life.  Unsuitable material (e.g., trash, debris, asphalt, or tires) shall not be discharged or used as fill (e.g., create berms, or provide nurseries).  All vessels operated within 150 feet of any stream, waterbody, or wetland shall be inspected daily for fluid leaks before leaving the staging area. Repair any leaks detected in the staging area before resuming operation. 3. At least once a month and directly following storm events, beaches in the project vicinity shall be patrolled by crews who will retrieve aquaculture debris (e.g., PVC tubes) that escape from the project area. Within the project vicinity, locations shall be identified where debris tends to accumulate due to wave, current, or wind action, and after weather events these locations shall be patrolled by crews who will remove and dispose of debris appropriately. 4. The grower shall not use tidelands waterward from the line of mean higher high water (MHHW) for the storage of aquaculture gear. All aquaculture gear shall be stored and sorted at an upland facility and transported to the project area at the time of deployment. 5. The grower shall ensure that PVC culture tubes are secured in the substrate to prevent them from escaping from the project area. 6. Employees shall be trained in meeting environmental objectives. 2.4.2 Species-Specific Activities 1. A Pacific herring spawn survey shall be conducted prior to undertaking the activities listed below if any of these activities occur outside the Tidal Reference Area 13 in-water work window, which is April 15 through January 14 (Washington Administrative Code [WAC] 220-110-271). Activities requiring a spawn survey include: (1) PVC culture tube placement, (2) geoduck harvesting, and (4) culture tube removal. Vegetation, substrate, and aquaculture equipment (e.g., P tubes) shall be inspected for Pacific herring spawn. If herring spawn is present, these activities are prohibited in the areas where spawning has occurred until the eggs have hatched and spawn is no longer present (typically 2 weeks). Records shall be maintained, including the date and time of surveys; the area, materials, and equipment surveyed; results from the survey; etc. The record of Pacific herring spawn surveys shall be Log Item 36 Page 157 of 218 BDN Habitat Management Plan and No Net Loss Report Page 8 made available to the Corps, NMFS, and U.S. Fish and Wildlife Service (USFWS), upon request. 2. Shellfish culturing shall not be placed above the tidal elevation of +7 feet MLLW if the area is documented as surf smelt spawning habitat by WDFW (note the project will be confined below +2 feet MLLW). 3. Shellfish culturing shall not be placed above the tidal elevation of +5 feet MLLW if the area is documented as Pacific sand lance spawning habitat by WDFW (note the project will be confined below +2 ft MLLW). 2.4.3 Farm Plan Record-Keeping Log Logs will be kept to record the timing, personnel, and findings of the following surveys and/or cleanup activities. 1. Pacific herring spawn surveys: The grower shall maintain a record with the following information and the record shall be made available upon request to the Corps, NMFS, and USFWS: date of survey, location of area patrolled, surveyor name, and whether herring spawn was observed in the project area. 2. Spills or cleanups conducted on the beach: The grower shall maintain a record 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, and other pertinent information. 3.0 EFFECTS ANALYSIS The “no net loss” standard contained in WAC 173-26-186 requires that the impacts of shoreline use and/or development (e.g., geoduck aquaculture) be identified and mitigated such that there are no resulting adverse impacts to ecological functions or processes. The Washington State Department of Ecology (Ecology) defines no net loss as meaning that no significant adverse impacts to preexisting ecological function shall occur as a result of proposed shoreline development. Jefferson County further defines no net loss as “the maintenance of the aggregate total of the county shoreline ecological functions over time.” Ecological function is defined by the County as “the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem” (JCC 18.25.100(5)(a)). In the following analysis, habitat and species indicators serve as a proxy for ecological function. By avoiding impacts to species and the habitats upon which they rely, impacts to ecological functions will be avoided as well. Log Item 36 Page 158 of 218 BDN Habitat Management Plan and No Net Loss Report Page 9 The following specific factors are assessed in the following analysis of effects:  Noise  Water quality  Sediment quality  Sediment transport and bathymetry  Migration, access, and refugia  Forage fish  Benthic infauna and epifauna  Waterfowl  Aquatic vegetation  Plastics and toxicity 3.1 Noise Changes in noise can result behavioral disturbance or, if loud enough, injury. The following section describes existing noise conditions and expected effects of the proposed action. 3.1.1 Existing Conditions Existing sources and levels of airborne as well as underwater noise are described in this section. 3.1.1.1 Airborne Noise The uplands neighboring the proposed Smersh geoduck farm are rural residential, and they are zoned as shoreline residential under the current Shoreline Master Plan for Jefferson County. There are numerous single-family residential houses in the Shine neighborhood which is bordered on the north side by the heavily trafficked Sstate Route (SR) 104. Between 6,000 and 22,000 vehicles pass the Shine neighborhood each day on SR 104 (15,000 average annual daily trips) traveling at 60 miles per hour (WSDOT 2017). Existing noise in the area includes that which is typically found associated with water-dependent activities (e.g., boat use), residential uses (e.g., vehicle use, lawn mowers, beach walking), and vehicular traffic. Using the standard that 10 percent of the average annual daily traffic represents hourly average traffic (WSDOT 2018) leads to 1,500 vehicles per hour passing near the Shine neighborhood on SR 104. At 60 mph the sound from vehicle traffic is approximately 75 dBA at 50 feet (WSDOT 2018). This sound level attenuates to approximately 45 dBA at 800 feet which is approximately the halfway point between the Smersh parcel and SR 104. The estimated noise level based on population density is approximately 40 to 45 dBA (FTA 2006). 3.1.1.2 Underwater Noise Measurements of ambient underwater noise were recorded at the Hood Canal Bridge in 2004. Median background peak sound pressure was between 118.2 and 137.5 dBPEAK re 1 μPa and median root mean squared (RMS) levels were 115 and 135 dBRMS re 1 μPa (Battelle 2005). Log Item 36 Page 159 of 218 BDN Habitat Management Plan and No Net Loss Report Page 10 3.1.2 Effects of Noise Noise-generating elements of the proposed project are consistent with existing use of the surroundings (small boat use and walking on the beach). Both airborne and underwater noise would be generated from the proposed project when boats are used to access the project site and during the operation of pumps for harvest on a 5- to 7-year cycle. The potential to affect fish and wildlife in relation to noise is described below. 3.1.2.1 Effects of Airborne Noise The proposed project does not include the use of heavy equipment. Access to the site would occur about once a month, and more frequently during limited periods for activities such as planting or harvesting. Access would be via the upland parcels or via boat. The outboard motors typically used on boats used for aquaculture typically create a noise level of about 60 dBA at 50 feet (Berger et al. 2010). However, once at the site, the engine would be turned off until employees are ready to leave. Small diesel- or gas-powered water pumps with hoses would be used to harvest the geoducks for several days every 5 to 7 years. While noise levels of the water pumps have not been directly measured, they are considerably quieter than the outboards, referenced above, that produce a sound level of 60 dBA at 50 feet. Based on an ambient noise level of approximately 40 dBA to 45 dBA, terrestrial noise associated with the proposed project is expected to attenuate to ambient conditions 199 to 285 feet from the pumps. The landward margin of the geoduck planting area is approximately 160 feet from the ordinary high water line, leading to the conclusion that nearby residents will be exposed to only slight increases in noise if they approach within close proximity to the shoreline near the project site. Noise associated with aquaculture operations during planting, maintenance, and harvesting activities could, if loud enough, result in temporary displacement of birds and/or masking of communication among foraging birds. Strachan et al. (1995 as cited in USFWS 2009) observed that marbled murrelets around heavy boat traffic do not appear to be adversely affected by the ambient noise of urban areas. Other waterbirds have shown behavioral changes in response to noise, but not to the extent that would cause population-level effects as long as distances of approximately 164 feet to 328 feet are maintained from nesting habitats (Carney and Sydeman 1999, Borgmann 2010). Because bald eagles are a state sensitive species in Washington, and protected under the federal Bald and Golden Eagle Protection Act, there is an emphasis on ensuring that shoreline activities, in general, do not disturb eagles. WDFW studied the response of nesting bald eagles for a 2-year period (1993-1994) in relation to recreational pedestrian activity and wildstock geoduck harvest activities within eight territories in Puget Sound (Watson et al. 1995). Eagles flushed in response to 4 percent of 890 potential disturbances, and only 1 of 34 responses was a result of geoduck harvest activities. Effects to eagle foraging from geoduck harvest activity was considered statistically Log Item 36 Page 160 of 218 BDN Habitat Management Plan and No Net Loss Report Page 11 insignificant at the frequency tested 1, and eagles tended to forage evenly throughout the day with or without a harvest vessel present. Similar effects are anticipated due to the proposed project. The threshold for masking marbled murrelet communication is an in-air noise level of 29 dB sensation level (SL) or 29 dB above ambient noise level (Teachout 2013). This threshold was informed by two critical hearing demands: (1) communication between conspecifics (at-sea or in terrestrial habitat), and (2) detection of the presence of corvid predators in terrestrial habitat. It is unlikely that the noise generated by the proposed geoduck aquaculture operation would result in masking marbled murrelet communication because the use of water pumps during a wet harvest (the loudest noise source proposed for the project) is expected to increase noise levels by 15 dBA to 20 dBA above ambient noise levels (assuming 60 dBA produced by the water pump and 40 to 45 dBA ambient noise). Considering the distances from nesting sites from the proposed project area, negative effects associated with increased human presence are not anticipated at this site. Even if some short-term avoidance behavior is observed, there is nothing to indicate that this reaction would impact the overall foraging ability of birds present in the project area. Therefore, it is unlikely that such temporary displacement from foraging activities in the limited project area would result in reduced foraging success, nesting success, or fitness of overwintering birds. This concurs with the conclusions reached by USFWS (2016), that determined exposures and effects of aquaculture- related noise to marbled murrelets are insignificant. 3.1.2.2 Effects of Underwater Noise Underwater noise would also be generated from the motors on boats used to transport gear and personnel to the project area and the small engines used for the water pumps during a geoduck harvest. Underwater noise thresholds for fish, cetaceans, pinnipeds, and marbled murrelets are presented in Table 1. Table 1 Underwater Noise Thresholds by Functional Hearing Group Functional Hearing Group Underwater Noise Thresholds Behavioral Disruption Threshold Injury Threshold Fish > 2 grams Fish < 2 grams Fish all sizes 150 dB RMS 187 dB Cumulative SEL 183 dB Cumulative SEL Peak 206 dB Marbled Murrelet 150 dB RMS* 208 dB SEL (barotrauma) 202 dB SEL (injury) Low-Frequency (LF) Cetaceans 120 dB RMS** LE,LF,24h:199 dB Cumulative SEL (non-impulsive sound source) Mid-Frequency (MF) Cetaceans 120 dB RMS** LE,MF,24h: 198 dB Cumulative SEL (non-impulsive sound source) High-Frequency (HF) Cetaceans 120 dB RMS** LE,HF,24h: 173 dB Cumulative SEL (non-impulsive sound source) 1 Frequency of geoduck harvest activities tested by Watson et al. (1995) included two weekday bouts when harvest boats were present, followed by two weekend control days when boats were absent, for a total of 296 observational bouts and 1,896 hours. Log Item 36 Page 161 of 218 BDN Habitat Management Plan and No Net Loss Report Page 12 Functional Hearing Group Underwater Noise Thresholds Behavioral Disruption Threshold Injury Threshold Phocid Pinnipeds (PW) (Underwater) 120 dB RMS** LE,PW,24h: 201 dB Cumulative SEL (non-impulsive sound source) Otariid Pinnipeds (OW) (Underwater) 120 dB RMS** LE,OW,24h: 219 dB Cumulative SEL (non-impulsive sound source) 1 dB re 1 μPa2 -sec = sound exposure level (SEL) RMS = root-mean-square; this is the square root of the mean square of a single pile driving impulse pressure event *USFWS considers this to be a guideline, not a threshold ** NMFS’s interim sound threshold for behavioral effects Source: NMFS 2016b, Teachout 2013 To estimate underwater noise that might result from geoduck aquaculture, we reviewed Table 3.73 of Wyatt (2008) to find a close approximation of the underwater noise generated from boats that would be used for the proposed project. In order to estimate the worst-case scenario for underwater noise, the parameters used for this analysis were the 21-ft Boston Whaler vessel with a 250 horsepower Johnson 2-cycle outboard motor operating at full speed and producing sound measured at 147.2 dB RMS re 1μPa at 1 meter. Following Equation 1, underwater sound of this level attenuates to the disturbance sound level for marine mammals 213 feet from the boat. Sound levels produced by the boat do not reach injury levels for any marine mammal group. Nor do sound levels reach disturbance or injury levels for murrelets and fish. Equation 1 R1 (in meters) = R2 (in meters)*10((V-120)/15) R1 = 1m*10(147.2 dB-120 dB)/15) R1 = 65 m (213 ft) Where: R1 = range in meters of the sound pressure level; R2 = distance from the sources of the initial measurement; V = transmission loss; and dB = decibels 3.1.3 Summary of Noise Effects According to NMFS’s 2009 assessment of potential impacts to endangered species due to geoduck aquaculture activities, “A very low level of vessel operations will be associated with the aquaculture activities (small and larger work boats and barges). Vessels would remain relatively immobile until work is complete, with minimal sound and insignificant potential for disturbance.” There is no evidence that increases in either airborne or underwater noise from the use of boat motors or water pumps associated with the rearing and harvest of geoducks would result in negative effects to fish and wildlife species. Noise resulting from aquaculture operations throughout Washington State was reviewed with respect to potential effects to Endangered Species Act (ESA-listed fish, marine mammals, and marbled murrelets (NMFS 2009, USFWS 2009, NMFS 2011). These reviews found that noise levels did not exceed disturbance thresholds that would Log Item 36 Page 162 of 218 BDN Habitat Management Plan and No Net Loss Report Page 13 affect foraging, migration, reproduction, or fitness for any of the ESA-listed species in Puget Sound. The proposed shellfish aquaculture operation in Squamish Harbor would not significantly alter noise above existing background conditions. Therefore, harvest operations are not anticipated to increase underwater noise to a level that will result in a loss of ecological functions 3.2 Water Quality This section describes existing water quality conditions and the expected effects of the proposed project. 3.2.1 Existing Conditions Water quality effects are a function of water circulation (or flushing rate and transportation) and inputs into the system. Due to its proximity to the entrance to Hood Canal, Squamish Harbor flushes quickly compared to southern Hood Canal. No waters near the project area are listed on the Federal Clean Water Act Section 303(d) list (Ecology 2018), indicating that upland sources of pollution are low and circulation maintains good water quality parameters. 3.2.2 Effects to Water Quality Potential effects to water quality and fish and wildlife species or their habitat are different for the various phases of potential aquaculture activities. The following discussion is broken down into (1) filtration effects and (2) harvest effects. 3.2.3 Filtration Effects Per Thom et al. (2008), Pacific Northwest estuaries are light limited, which reduces the depth at which eelgrass and other light-dependent species (e.g., macroalgae/kelp) can be successful. Shellfish aquaculture can result in a beneficial reduction in turbidity due to removal of phytoplankton and particulate organic matter through filtration (Peterson and Heck 2001, Newell and Koch 2004, Cranford et al. 2011). By consuming phytoplankton and particulate organic matter, shellfish decrease turbidity, thereby increasing the amount of light reaching the sediment surface that is available for photosynthesis (Dame et al. 1984, Koch and Beer 1996, Newell 2004, Newell and Koch 2004). Improvements to water clarity and light penetration can improve habitat conditions that promote the growth of submerged aquatic vegetation (SAV) and other aquatic vegetation. A large body of literature indicates that shellfish aquaculture, or the presence of a dense bivalve community, may provide some control of human nutrient loading to water bodies (Newell 2004, Shumway et al. 2003, Newell et al. 2005, Burkholder and Shumway 2011, Kellogg et al. 2013, Banas and Cheng 2015, Bricker et al. 2015). Bivalves remove more nutrients from the water column than they input as biodeposits, which can have a net benefit to water quality. As bivalves filter organic matter from the water column, they assimilate nitrogen and phosphorus into their shells and tissue. When shellfish are harvested, the sequestered nutrients are permanently removed from the system. According to Newell (2004), this process of bioextraction is one of the only methods available that Log Item 36 Page 163 of 218 BDN Habitat Management Plan and No Net Loss Report Page 14 removes nutrients after they have entered an aquatic system, which can then make that system more resilient to nutrient loading and, ultimately, decreases in dissolved oxygen. High nutrient loading, and resulting decreases in dissolved oxygen, are a known problem in Hood Canal. Similarly, bivalve filter-feeding also serves an important role in improving water quality conditions through benthic-pelagic coupling, which is when biodeposits become incorporated into surficial sediments, and microbially mediated processes facilitate nitrification-denitrification coupling to permanently remove sediment-associated nitrogen as nitrogen gas. The amount of benefit to water quality is dependent on species-specific filtration rates. A recent effort to calculate filtering capacity within south Puget Sound (Ferriss 2015) compiled clearance rates for Pacific oyster, Manila clam, and geoduck (Table 2). According to Banas and Cheng (2015), a modeling study that used the data compiled by Ferriss (2015), the potential for local control by shellfish was shown to be possible in areas with reduced circulation such as Henderson, Eld, Totten, Hammersley, and upper Case inlets, and Oakland Bay. While Banas and Cheng’s study focused on southern Puget Sound, Hood Canal exhibits similar circulation patterns and clearance rates when compared to southern Puget sound. Therefore, shellfish filtration could have a positive influence on local water quality parameters, even if small compared to the inputs into the system from residential development, municipal wastewater, agriculture, or other non-point sources. Table 2 Clearance Rate Calculations for Pacific Oyster, Manila Clam, and Geoduck Species Indiv. Wwet (g) L hr-1 indiv-1 L hr-1 Wwet-1 Source Pacific oyster 11.52 3 0.260 Kobayashi et al. 1997, Ruesink et al. 2006 Manila clam 18.19 1 0.060 Ruesink et al. 2006, Solidoro et al. 2003 Geoduck 980 3 0.003 Davis 2010 Source: Ferriss 2015, Banas and Cheng 2015 An example of the potential benefits offered by shellfish filtration and nutrient sequestration is provided by Kellogg et al. (2013), who partially quantified the removal of nutrients from the water column at a subtidal oyster reef restoration site compared to an adjacent control site in the Choptank River within Chesapeake Bay, Maryland. The authors indicated that denitrification rates at the oyster reef in August were “among the highest ever recorded for an aquatic system.” In addition, a significant portion (47% and 48%) of the available nitrogen and phosphorus were sequestered in the shells of live oysters and mussels. An ancillary benefit of the shellfish reef structure, which is also true for shellfish aquaculture, was that the structure and faunal composition provided ample microhabitats for communities of nitrifying microbes. One of the conclusions by Kellogg et al. (2013) was that oyster reef restoration could be considered a “safety net” to reduce additional downstream impacts to water quality. Because geoduck aquaculture provides many of the same benefits, with the added benefit of the total removal of anthropogenically derived nutrients at harvest, commercial shellfish aquaculture can be considered a net benefit to water quality ecosystem functions. Log Item 36 Page 164 of 218 BDN Habitat Management Plan and No Net Loss Report Page 15 3.2.4 Harvest Effects During harvest, suspended sediment and turbidity can be increased for a short period near the harvest activity. Harvest events are limited in space (about 0.1 acre per day), duration (4 to 6 hours per day), and occurs infrequently (once every 5 to 7 years) compared to the entire culture cycle. The intensity and duration of turbid conditions are related to the concentration of suspended sediment, suspended sediment grain size, water temperature, currents, and tidal flow conditions at the site (NMFS 2009). Golder (2016) modeled sediment movement and suspension of sediment (primarily sand) disturbed during a geoduck harvest in Case Inlet. Sediment particles were shown to settle back to the bed rapidly and only a minor fraction was transported a distance of about 300 feet. This result is consistent with total suspended solids (TSS) collected by Short and Walton (1992) during a geoduck harvest in the Nisqually Reach, where it was noted that most sediment was deposited within 3 feet of the harvest hole, and only “small quantities of material” were transported beyond 150 feet from the harvest zone. TSS measured by Short and Walton (1992) at the harvesting location ranged from 4 to 21 mg/L. While a visible harvest plume persisted for approximately 30 minutes after harvest and extended approximately 330 feet down current, almost all TSS measurements within 131 feet of the harvest were shown to be within 1 mg/L of background TSS. New research from Fisheries and Oceans Canada, Pacific Biological Station in British Columbia, Canada, has shown similar or lower effects from wet geoduck harvest events. A 2-year research program in both intertidal and subtidal habitats reported that the measurable sediment plume generated during a geoduck harvest event was generally limited to within approximately 16 feet of the harvest plot, and TSS levels were similar to those reported during typical storm conditions (Liu et al. 2015). In addition, a harvest event did not result in significant changes to sediment grain size down-current. Cornwell et al. (in review) evaluated the nutrients released from a typical commercial geoduck harvest using low-pressure water hoses. The study found that: (1) the amount of nutrients released into the water column during harvesting is low, (2) the moderate concentrations of nitrogen and phosphorus found in sediments and released during harvest make a relatively small contribution to overall nutrient discharges into Puget Sound, and (3) localized effects are likely to be negligible. A typical geoduck harvest event is limited in space (about 0.1 acre for 1 day), duration (4 to 6 hours), and occurs infrequently with respect to the entire culture cycle (i.e., 5- to 7-year grow-out period prior to harvest). In comparison, a typical storm event in Puget Sound occurs once per month and transports material over thousands of kilometers. Therefore, both the timing and intensity of activities are well below the natural disturbance regime of a typical Puget Sound habitat and harvest is not anticipated to result in loss of ecological functions. Exposure to high levels of suspended sediment can cause behavioral stress in fish (e.g., gill flaring), sublethal effects (e.g., gill damage, increased susceptibility to disease), or reduced survival and growth. Newcombe and MacDonald (1991) suggested that a good indicator of suspended sediment effects is the product of sediment concentration and duration of exposure. Fisher et al. (2008) Log Item 36 Page 165 of 218 BDN Habitat Management Plan and No Net Loss Report Page 16 evaluated whether the TSS generated during a harvest event could result in significant effects to fish using the suspended sediment risk assessment model developed by Newcombe and Jensen (1996). The results indicate that fish are likely to exhibit avoidance responses to the localized TSS levels generated during a harvest event. Because there is no confinement of the harvest area (i.e., the site is located along an open shoreline) there is no mechanism to entrap fish and expose them to increased suspended sediments for a significant amount of time. Published literature that addresses suspended sediment effects to juvenile and larval estuarine fishes also report limited effects at the concentrations generated during a geoduck harvest event. Juvenile Chinook salmon have been observed to increase their rates of foraging in relation to increased turbidity (18-150 nephelometric turbidity units [NTUs]), which was attributed to the increase in cover provided by turbid waters (Gregory and Northcote 1993, Gregory 1994). The maximum concentration of turbidity that juvenile Chinook salmon experienced before reduced foraging was observed was 150 NTUs for individuals that were 2 to 3 inches in fork length (Gregory 1994). Studies have also reported increased feeding incidence and intensity for larval Pacific herring at TSS concentrations ranging from 500 mg/L to 1,000 mg/L (Boehlert and Morgan 1985). Boehlert and Morgan (1985) attributed the enhanced feeding to improved “visual contrast of prey items on the small perceptive scale used by the larvae.” Finally, Griffin et al. (2012) noted that TSS levels of 400 mg/L did not result in adverse effects for Pacific herring larvae for exposure times of 16 hours. All of the TSS and turbidity levels noted in these examples are either within or significantly higher than levels measured during a geoduck harvest, indicating that a harvest would be unlikely to raise TSS to a level or duration that would have negative effects on salmon and forage fishes. Also, environmental effects of geoduck harvests have been shown to be similar to, or less than, the effects of periodic natural storms. Therefore, harvest activities are unlikely to have a negative effect on fish. 3.2.5 Summary of Effects to Water Quality Bivalves can improve water quality and mitigate anthropogenic sources of nitrogen in coastal systems through filtration of nitrogen by absorbing phytoplankton in the water column (Newell 2004, Lindahl et al. 2005, Zhou et al. 2006). Conversely, a harvest event can potentially impact water quality. Although a harvest event may increase suspended sediment for short periods of time (one to two tidal cycles), it is typically confined to a small area (from 3 feet to 150 feet from the harvest area) and occurs infrequently (every 5 to 7 years). Fish would be expected to either avoid the sediment plume generated during a geoduck harvest or use the plume as a foraging opportunity. Suspended sediment and turbidity levels measured during geoduck harvest events were within or lower than the range in which juvenile Chinook salmon and Pacific herring larvae were observed to successfully forage (Boehlert and Morgan 1985, Gregory 1994). Overall, effects from suspended sediments are considered insignificant and habitat may potentially be improved in local areas if shellfish improve water quality conditions. No net loss of ecological function is anticipated due to water quality impacts from geoduck aquaculture. Log Item 36 Page 166 of 218 BDN Habitat Management Plan and No Net Loss Report Page 17 3.3 Sediment Quality This section describes existing sediment quality conditions and the expected effects of the proposed action. 3.3.1 Existing Sediment Conditions No sediment quality studies have been completed for the specific project site but the lack of historic industrial development in Hood Canal indicates that sediment is unlikely to contain deleterious substances regulated by the state. Substrate at the Smersh site consists mainly of well-sorted, clean sand. 3.3.2 Effects to Sediment Quality Bivalve filter feeding serves an important role through benthic-pelagic coupling, which is the consumption of nutrients (via filtration of phytoplankton) and creation of biodeposits (feces and pseudofeces). Nitrogen and phosphorus that are not digested are excreted as soluble ammonia and biodeposits in the form of feces. When these biodeposits become incorporated into aerobic, surficial sediments, microbially mediated processes facilitate nitrification-denitrification coupling to permanently remove sediment-associated nitrogen as nitrogen gas (Newell 2004, Kellogg et al. 2013). The biodeposits created through bivalve filter feeding contribute to organic materials in the sediment surface, as described above. A study conducted for the Washington Sea Grant Geoduck Aquaculture Research Program assessed the influence of geoduck aquaculture on sediment nutrient regeneration (Cornwell et al. in review). During the culture period of the study, porewater nutrient concentrations of nitrogen and soluble reactive phosphorus were higher at culture sites than at reference sites. The release of nitrogen and phosphorus species during harvest resulted in a minor increase in nutrient concentration of water surrounding the geoduck harvest, suggesting that the liquefication of sediments does not release a large percentage of the accumulated nutrients in the porewater. The authors concluded that when extrapolated to all Puget Sound cultivated geoduck harvest on a daily basis, the harvest release of nutrients represents an inconsequential fraction of anthropogenic inputs into Puget Sound, leading to the conclusion that geoduck harvest is unlikely to reduce ecological function due to sediment or water quality effects. Grounding of vessels may occur occasionally and temporarily during harvest of geoducks. Vessels would have approximately 20 square feet of ground contact for up to 6 hours per day during approximately 10 low tide workdays per year. Because the proposed farming area is composed of well-sorted, clean sand, no effect is anticipated to fish or wildlife habitat. Sand does not support attachment of flora and fauna that would provide feeding or refuge opportunities for local fish and wildlife. Additionally, because sand within the proposed planting area is loosely consolidated, any visible scars or footprints from the grounded vessel would be washed away within one tidal cycle Log Item 36 Page 167 of 218 BDN Habitat Management Plan and No Net Loss Report Page 18 of the grounding. Impacts from grounding would be similar to what might be expected from an individual walking the beach at low tide. An occasional crab or fish may become entrapped beneath the grounded vessel but no long term negative impacts would occur to fish and wildlife populations nor the habitats upon which they rely for breeding, rearing, migration, or growth to maturity. 3.4 Sediment Transport and Bathymetry This section describes existing sediment transport and bathymetry conditions and the expected effects of the proposed action. 3.4.1 Existing Conditions Sediment along the north shore of Squamish Harbor is primarily sandy in the lower elevations with gravel and cobble on the upper intertidal beach. The beach slopes gradually and has a relatively high exposure to waves, winds, and currents during storm events. East of the project area there is a high bluff composed of various layers of glacial sediment. The bluff is characterized by massive erosion that threatens several structures on the top of the bluffs (ESA Adolphson et al. 2008). The shoreline is classified as unstable recent landslide (Ecology 1978). Net shore-drift is to the west as indicated by sediment accumulations on the east side of obstacles and the westward prograding spit at the mouth of Shine Creek ESA Adolphson et al. 2008). In the nearshore, eelgrass beds are patchy in the intertidal zone and continuous below MLLW. Shoreline armoring is prevalent along the north shore of Squamish Harbor, with about 26 percent of this reach armored (Jefferson County 2008). A boat ramp extends onto the beach next to the project parcel, with a parking lot located on fill. The effect of the armoring and boat ramp are unclear, but are likely having at least a minor effect on sediment erosion and input. 3.4.2 Effects to Sediment Transport and Bathymetry No dredging or placement of fill is proposed as part of the project. The two types of potential disturbances associated with shellfish aquaculture that could affect sediment transport and bathymetry include: (1) addition of gear that slows the transport of sediments, and (2) pulse disturbances due to effects of harvest activities (Dumbauld et al. 2009). These potential disturbances are described below. 3.4.3 Addition of Gear PVC culture tubes used in geoduck clam aquaculture can slow currents near the substrate, resulting in accumulation of sediment under and around the PVC tubes. Golder (2011) estimated the potential accumulation of sediment within the tubes from an existing geoduck aquaculture operation in south Puget Sound. Based on a visual inspection, an average height of 2.5 ±0.5 inches of sediment accumulation was reported within the 4 inches of tube that was exposed above the sediment bed. This equates to a volume of approximately 31.4±6.3 cubic inches per tube. Golder (2011) then calculated net accumulation over a 1-acre area to be approximately 29.3 cubic yards (cy) Log Item 36 Page 168 of 218 BDN Habitat Management Plan and No Net Loss Report Page 19 of sediment. This minor amount of net accumulation is expected to rapidly redistribute through wave and current action after 1 or 2 tidal cycles (or a few days with typical wave conditions) following the removal of PVC culture tubes. 3.4.4 Harvest Activities During a geoduck harvest, the overlying sediments are loosened around the clam by adding water through a 0.5-inch- to 0.6-inch-diameter hose. Although this activity results in minor, localized changes in elevation and sediment grain size, both quickly return to baseline conditions post- harvest. At Samish Bay, Horwith (2009) reported that minor post-harvest elevation drop was not evident within 1 month of a harvest. Post-harvest resettling of sediments occurs as water content decreases, leading to an increase in shear strength and resistance to erosion. In laboratory experiments with fine-grained marine sediment, resistance to resuspension was shown to double approximately every 12 hours (Southard et al. 1971 as cited in Short and Walton 1992). Therefore, the sediment redeposited during a harvest event will tend to regain its original shear strength within 1 or 2 days after harvest. Grounding of vessels may occur occasionally and temporarily during harvest of geoducks. Because the proposed farming area is composed of well-sorted, clean sand, no effect is anticipated to fish or wildlife habitat. Sand does not support attachment of flora and fauna that would provide feeding or refuge opportunities for local fish and wildlife. Additionally, because sand within the proposed planting area is loosely consolidated, any visible scars or footprints from the grounded vessel would be washed away within one tidal cycle of the grounding. Impacts from grounding would be similar to what might be expected from an individual walking the beach at low tide. An occasional crab or fish may become entrapped beneath the grounded vessel but no long term negative impacts would occur to fish and wildlife populations nor the habitats upon which they rely for breeding, rearing, migration, or growth to maturity. 3.4.5 Summary of Effects to Sediment Tranport and Bathymetry In summary, geoduck harvest or the presence of PVC culture tubes does not lead to significant negative effects to sediment transport or bathymetry. Minor changes in elevation may persist for up to 1 month, but these effects are considered to be short-term with no lasting changes to the surrounding sediment structure. The changes associated with geoduck aquaculture operations are insignificant compared to the dynamic nature of sediment distribution potential (e.g., storms, littoral drift, etc.) along the shoreline associated with the project area. No loss of ecological function is anticipated due to changes in sediment transport or bathymetry. 3.5 Migration, Access, and Refugia This section describes existing migration, access, predation, and refugia conditions and the expected effects of the proposed project. Log Item 36 Page 169 of 218 BDN Habitat Management Plan and No Net Loss Report Page 20 3.5.1 Existing Conditions Shine Creek, approximately 1.5 miles to the west supports chum and coho salmon and cutthroat and steelhead trout spawning. The Shine Creek estuary is likely rearing habitat for natal and non- natal juvenile pink, chum, coho, and Chinook salmon (ESA Adolphson et al. 2008). A small stream enters Squamish Harbor near the project site (>150 feet to the north) and is presumed cutthroat trout habitat (Correa 2003). This small stream does not support salmon because access to upstream habitat is hindered by (1) the very small size of the stream, and (2) the steep gradient where the stream flows through shoreline armoring (i.e., boulder riprap). Sand lance spawning has been documented along the beach to the west of the project and herring are known to spawn in the eelgrass beds offshore (Penttila 2000, Long et al. 2003). The project site is a sandy, gravelly beach with no man-made structures. Juvenile salmonids and other fish may use the intertidal area, when inundated, for migration, access, and refugia. 3.5.2 Effects to Migration, Access, and Refugia PVC culture tubes are the only material planned for use in aquatic areas for this project. PVC tubes extend only 3 to5 inches above the substrate surface No other equipment is planned for use in the project and no excavation or alteration of the beach is planned. Culture tubes will not block migration or access to habitat in the project area. The planting area is over 150 feet from the mouth of the nearby stream. All species of Puget Sound salmon are well documented utilizing estuarine and nearshore habitat in their migrations from their natal freshwater watersheds to the ocean and back (Duffy et al. 2010). Salmon are known to feed in habitat similar to that found in the project area, ingesting amphipods, copepods, larval fish, and terrestrial insects (Fresh et al. 2006). Depending on the tidal cycle, fish can easily swim over, or around culture tubes if necessary. Many researchers have reported that aquaculture gear is similar (or superior) to adjacent eelgrass habitat in terms of the diversity and abundance of benthic fauna and fish (Meyer and Townsend 2000, DeAlteris et al. 2004, Pinnix et al. 2005, Powers et al. 2007). Sand lance spawn in sandy substrate in the upper intertidal zone between MHHW and +5 feet (MLLW) (Pentilla 2007). Because project planting, grow-out, and harvest will not extend above +2 feet elevation, access to sand lance spawning habitat will not be reduced. As long as the gear is properly maintained, PVC geoduck culture tubes in the intertidal area are not expected to affect migration, access, or refugia pathways for fish that utilize shallow water. The presence of aquaculture gear may even serve as additional foraging habitat or cover from predators. Because occasional vessel grounding in the highly dynamic sandy shoreline environment will be of short duration and occur only occasionally during a 2-year harvest period, no impacts to areas of fish and wildlife migration, access, and refugia are anticipated. No loss of ecological function is expected to occur due to effects to migration, access, and refugia. Log Item 36 Page 170 of 218 BDN Habitat Management Plan and No Net Loss Report Page 21 3.6 Forage Fish This section describes existing forage fish conditions and the expected effects of the proposed project. 3.6.1 Existing Conditions Sand lance spawning has been documented along the beach to the west of the project and herring are known to spawn in the eelgrass beds offshore (Penttila 2000; Long et al. 2003). Sand lance spawn in sandy substrate in the upper intertidal zone between MHHW and +5 feet (MLLW) (Pentilla 2007) and typically select substrate with a diameter between 0.2 and 0.4 millimeters. In the project area, the substrate found in the elevation range sand lance typically spawn is primarily gravel, which is sub-optimal for sand lance spawning. A dense eelgrass bed is found in the subtidal zone at least 16 feet from the proposed planting area. 3.6.2 Effects to Forage Fish There are two potential effects to forage fish from the proposed geoduck aquaculture operation, including: (1) spawning habitat could be overlapped, and (2) forage fish spawning areas could receive suspended sediments during a harvest event. The potential for these effects to be significant to forage fish or their habitat in the project area are discussed below. 3.6.3 Spawning Habitat Overlap The proposed culture activities are not located at shoreline elevations where sand lance spawn. Culture will be confined to the intertidal and subtidal zone below +3 MLLW, while the forage fish spawn elevation begins at +5 MLLW. Therefore, the proposed project is not expected to impact spawning habitat of these forage fish species. When the site is accessed by boat, boats would not be beached above +5 ft MLLW. Boats will be moored or grounded in areas waterward of +5 ft MLLW. Foot traffic for routine maintenance and beach surveys for debris will use consistent paths and will not occur where potential forage fish spawning habitat may exist. In some cases, aquaculture gear can provide a new substrate for herring spawn attachment in an otherwise unstructured environment. Growers will be trained by a WDFW-certified biologist to recognize herring spawn. If herring spawn is observed within the geoduck farm, then those areas will be avoided until the eggs have hatched. Vessels will not be grounded in areas where herring spawn is observed. This conservation measure has been adopted by the Corps as part of the ESA consultation process with the Services on the Programmatic Consultation for Shellfish Activities in Washington State Inland Marine Waters (NMFS 2016a, USFWS 2016). Therefore, the proposed project will not result in a loss of ecological function due to the project overlapping forage fish spawning habitat. Log Item 36 Page 171 of 218 BDN Habitat Management Plan and No Net Loss Report Page 22 3.6.4 Sediment Mobilization If forage fish do spawn near the project area, there is a low potential for adversely impacting spawning beds with sediment mobilized during harvest. Fines make up a small percentage of the farm substrate, and sands (because they are denser) drop out of the sediment plume within a few meters (Short and Walton 1992, Golder 2011). Therefore, there will be no loss of ecological function due to effects to forage fish spawning habitat resulting from sediment mobilization. 3.6.5 Summary of Effects to Forage Fish Because the project does not overlap sand lance spawning habitat, and because farming activity will halt if herring spawn are observed within the project area, no loss of ecological function is anticipated due to negative effects to forage fish spawning. Additionally, because sediments mobilized during geoduck harvest settle out of the water column within a few feet of harvest activity, no net loss of ecological function is anticipated due to mobilized sediment. 3.7 Benthic Infauna and Epifauna This section describes existing benthic infauna and epifauna conditions and the expected effects of the proposed action. 3.7.1 Existing Conditions Observations of epifauna in the proposed project area were consistent with Puget Sound sandflat habitats (Dethier 1990, Dethier and Schoch 2005). Species observed at the project site include various amphipods, various isopods, various polychaete worms, sand sole, English sole, various sculpins, various shrimp, Dungeness crab, red rock crab, and various hermit crabs, 3.7.2 Effects to Benthic Infauna and Epifauna Geoduck aquaculture may affect the benthic faunal community, including community changes during: (1) culture tube placement and use in 1st two years of grow out, and (3) harvesting. The effects of each action, the relative recovery period, and potential effects to benthic fauna are discussed below. 3.7.3 Culture Tube Placement Effects Placement of PVC culture tubes is not expected to significantly affect benthic epifauna. Once the tubes are placed, they are rapidly encrusted with epibiota that create a reef-type structure and a biogenic source for associated food organisms of juvenile salmonids (Cheney 2009, VanBlaricom et al. 2013). Specific studies evaluating the use of geoduck farms by salmonids and other fish are ongoing. However, based on shellfish aquaculture studies in similar sandflat habitats, the effects from culture tubes are likely beneficial to salmonids and other fishes because of the additional food resources available (Cheney 2009, NMFS 2011, NMFS 2016b, USFWS 2016). In fact, NMFS (2016b) concluded that increased densities of benthic infauna at intertidal geoduck clam aquaculture sites may persist even after removing protective tubes. For example, at one aquaculture site in southern Log Item 36 Page 172 of 218 BDN Habitat Management Plan and No Net Loss Report Page 23 Puget Sound, ENVIRON 2008 (as cited in NMFS 2016b) found the average number of infaunal benthic organisms per sediment core from an unprotected seeded area was greater than the density of infaunal benthic organisms found in a reference area located outside of the aquaculture site. Thuesen and Brown (2011, as cited in NMFS 2016b) observed an increase in biodiversity of benthic fauna in an intertidal geoduck farm using PVC tubes, and species richness was significantly higher compared to a control site and compared to a geoduck farm without tubes. Data from the Pacific Shellfish Institute (Cheney 2009) documented up to a 30 percent increase of harpacticoid copepods (e.g., typical salmonid prey items) on PVC tubes at an existing geoduck aquaculture plot in Spencer Cove on Harstine Island. 3.7.4 Harvest Effects Shellfish harvest disrupts the sediment and results in the loss of some benthic fauna (Hall and Harding 1997, Ferns et al. 2000), although that does not mean that the loss is a significant impact to that resource. The recovery rate of infauna varies in response to the timing and magnitude of the disturbance as well as the location of the site to populations of organisms and the mobility of organisms affected (Dernie et al. 2003). Intertidal habitats are exposed to a wide range of natural disturbance regimes that are dominated by physical processes such as tides, storm-generated waves, inter-annual variation in climate, and nearshore sediment transport. It is generally assumed that benthos found in more dynamic sand and gravel habitats will recover more quickly following physical disturbance than those found in less energetic muddy habitats based on the adaptive strategies of the respective assemblages found in these environments (Kaiser et al. 1998, Ferns et al. 2000). Microcosm studies appear to support this hypothesis (Dernie et al. 2003). In general, benthic infauna recovered very quickly (weeks to months) in terms of both diversity and abundance from small-scale disturbances, especially within clean sand communities. Price (2011) and VanBlaricom et al. (2015) reported that potential effects to benthic invertebrates from a geoduck harvest event are within the natural disturbance regime. This work compared the benthic community within harvested and non-harvested plots and found that effects to benthic infauna during geoduck harvest are similar to effects resulting from wind and wave energy due to natural storms. Detectable disturbances quickly become indistinguishable from control plots (VanBlaricom et al. 2015). Recovery of the benthic infauna is relatively rapid after a geoduck harvest event because infauna are still preserved in roughly the same location, leading to rapid recolonization (Price 2011). In addition, because a harvest cycle occurs every 5 to 7 years, there would unlikely be compounded effects due to repeated harvesting of the same area (Liu et al. 2015). The main conclusion from VanBlaricom et al. (2015) was that communities in Puget Sound are well adapted to accommodate various types of disturbance. Because the frequency of disturbance from geoduck harvest occurs at a much lower rate than storm events, infaunal and epifaunal populations are unlikely to experience long-term negative effects. Based on this evaluation, it was determined that there were no long-term measurable effects to resident populations of invertebrates from geoduck harvest, and the intensity of potential effects was equivalent to natural disturbances. Log Item 36 Page 173 of 218 BDN Habitat Management Plan and No Net Loss Report Page 24 3.7.5 Summary of Effects to Benthic Infauna and Epifauna Overall, the research indicates that the benthic infaunal and epifaunal community is not affected or returns to baseline, or near baseline conditions, once the gear is removed or harvest is complete (VanBlaricom et al. 2013, Price 2011, McDonald et al. 2015, Liu 2015, VanBlaricom et al. 2015). Small benthic invertebrates produce more than one generation per year and thus have rapid recolonization rates. Intertidal species have adapted to habitat changes. Chronic low-intensity or sporadic medium-intensity intertidal substrate disturbances are within the range of “behavioral or ecological adaptability” (Jamieson et al. 2001). Therefore, no net loss in ecological function is anticipated due to impacts to benthic infauna and epifauna. 3.8 Waterfowl 3.8.1 Existing Conditions Embayments of North Puget Sound provide important breeding and rearing habitat for waterfowl and shorebirds. A variety of diving and dabbling ducks are likely to use the shorelines near the proposed project for foraging, breeding, and loafing. The clean, well-sorted sand at the proposed project site does not currently provide good foraging habitat for diving and dabbling ducks. The sandy beach may provide foraging opportunities for shorebirds during low tides. 3.8.2 Summary of Effects to Waterfowl Studies of waterfowl use in aquaculture farms have shown either positive impacts (e.g. increasing avian species richness and abundance due to increased foraging opportunities) or benign impacts (eliciting no significant difference in use from natural beds). Through their foraging habits, migrating marine shorebirds can significantly alter the community structure of wild bivalve populations in soft-bottom intertidal areas (Lewis et al. 2007). At shellfish aquaculture sites, some species of marine birds feed directly on the shellfish products themselves (Dankers and Zuidema 1995), while others feed on the macrofauna and flora that colonize shellfish aquaculture gear (Hilgerloh et al. 2001). Shellfish growers have documented numerous bird species foraging on their shellfish beds, including scoters, dunlins, killdeer, godwits, sand pipers, eagles, great blue herons, and gulls. Figure 3 presents a few of the species mentioned using shellfish beds for foraging habitat. Due to the relatively recent history of geoduck aquaculture, and the fact that intertidal geoduck beds are exposed for a short portion (approximately 6%) of the culture cycle, there are limited examples that illustrate how birds interact with geoduck aquaculture gear. However, there is both anecdotal evidence and some photography to show potential interactions. One of the best examples is the mutually beneficial relationship between shellfish aquaculture practices and scoters. In some areas, geoduck nursery tubes, oyster crops, and culture gear will get coated with sets of mussels. The young mussels attract scoters that provide a service to growers by grazing the fouling mussels off the crops and gear. At the Foss farm in Case Inlet, crews removed nets and when they returned the following night to clean out the mussels, they were gone. They removed more nets and deployed a GoPro® camera to discover scoters were cleaning off what ended up being thousands of pounds of mussels (Figure 4). Log Item 36 Page 174 of 218 BDN Habitat Management Plan and No Net Loss Report Page 25 Figure 3 Marine Birds Foraging in Shellfish Beds Note: least sand pipers on oyster bags (top left), dunlins in oyster bed (top right), and godwits (bottom) around and on oyster bags. Log Item 36 Page 175 of 218 BDN Habitat Management Plan and No Net Loss Report Page 26 Figure 4 Scoters Foraging on Mussels Encrusting Geoduck Culture Tubes Note: photograph taken using a Go-Pro camera on the Foss farm in Case Inlet. Source: Dewey, pers. comm., 2015 Shorebirds may be temporarily displaced from the farm during site inspections or harvesting but there are numerous undisturbed shorelines in the near vicinity that provide foraging and loafing opportunities during such short duration and temporary activities. 3.9 Aquatic Vegetation This section describes existing submerged aquatic vegetation (SAV) conditions and the expected effects of the proposed action. 3.9.1 Existing Conditions A dense bed of eelgrass extends from approximately -3 ft MLLW, waterward of the project area to an unknown depth. A narrow band of sparse, patchy eelgrass is adjacent to the dense native eelgrass bed between approximately -2 and -3 feet MLLW. No native eelgrass was identified landward of the upper edge of the patchy eelgrass bed. Several very sparse patches of non-native dwarf eelgrass (Zostera japonica) were observed distributed throughout the project area. Log Item 36 Page 176 of 218 BDN Habitat Management Plan and No Net Loss Report Page 27 Macroalgae beds are not found in or near the project area. Typical of sand- and silt-dominated habitats in Puget Sound, ulvoids were present at a very low density (<2% surface coverage) throughout the mid- and low-intertidal zone (approximately +2 to -2 feet MLLW) attached to hard objects such as derelict clam shells. 3.9.2 Effects to Aquatic Vegetation Macroalgae density is anticipated to increase in the project area due to geoduck farming as the PVC culture tubes provide solid substrate required by macroalgae for attachment and growth. Because the project will be located outside of a 16-foot protective buffer from native eelgrass, no negative effects are anticipated to occur to eelgrass due to the proposed project. No net loss in ecological function will occur due to impacts to aquatic vegetation. 3.10 Plastics and toxicity 3.10.1 Existing Conditions Plastics are commonly used in the marine environment. A few examples of marine plastics are buoys, floats, nets, fishing line, and boat components. Increased generation of both macroplastics and microplastics have been identified as potential as concerns for aquaculture equipment. Macroplastics are defined as any solid material greater than 5 millimeters (mm) or 0.2 inches in diameter, while microplastics are materials less than 5 mm that are primarily composed of synthetic polymers (Baker et al. 2011, Davis and Murphy 2015). Microplastics may enter the marine environment from primary sources (e.g., pellets in facial scrubs entering marine waters through water treatment plant effluent), or from the disintegration of larger plastic materials. Microplastics were sampled from the upper 1.6 ft of the Puget Sound water column by the Center for Urban Waters and the University of Washington (Baker et al. 2011). The study reported that microplastics are ubiquitous in all coastal waters. Within Puget Sound, microplastic concentrations were found to be highly variable in space and time, did not appear to be correlated to specific source locations, and were similar to levels in the open North Atlantic and Eastern Pacific. Comparatively, Davis and Murphy (2015) collected material directly from beaches rather than from the water column. This study reported that the majority of microplastics observed were located in north and central Puget Sound, typically in close proximity to marinas and urban centers. Styrofoam was by far the majority (75% of the count) of anthropogenic microdebris found in these areas, followed by plastic fragments (9%) and glass (12%). There appears to be a strong positive correlation between the areas of high microplastic abundance and population density. 3.10.2 Summary of Effects from Plastics and Toxicity Concerns have been raised at Shoreline Hearings Board hearings regarding the potential for aquaculture activities to release micro- or macro-plastic debris or to leach metals into the environment (Baker 2012). No PVC is planned for use in this project so leaching of metals or other Log Item 36 Page 177 of 218 BDN Habitat Management Plan and No Net Loss Report Page 28 toxic chemicals from PVC will not occur. PVC culture tubes planned for this project are made of high-strength, long-wearing High Density Poly-Ethylene (HDPE) that, once lodged into the sediments, are very difficult to dislodge. The potential to create microplastics was thoroughly reviewed by Dr. Joel Baker in 2012. Dr. Baker found that PVC tubes, which are much less abrasion resistant than HDPE, are unlikely to degrade based on the low ultraviolet exposure (i.e. tubes are under water most of the time), low wave energy, and debris management plans (Baker 2012). To confirm that microplastics were not created within a tube field, bulk sediment samples were taken from existing geoduck tube fields and tested in an EPA-approved lab. Dr. Schenk (2011) reported that there was no evidence of microplastics in the sediment samples. Further confirmation that microplastics are not created due to geoduck aquaculture was based on a review of stomach samples from fish collected in geoduck tube fields. Dr. VanBlaricom (2013) testified that, out of 235 fish collected from geoduck aquculture farm, there was no evidence of microplastics in their stomachs. While there are no known data specific to the potential to generate microplastics from the use of HDPE materials, there is no evidence that microplastics are a significant issue driving net loss of fish or wildlife habitat in Puget Sound (Davis and Murphy 2015). According to Schoof (pers. comm., 2015), the life cycle of HDPE used for aquaculture is much longer than manufacture’s specifications (e.g., decades vs. 2 years). Therefore, due to HDPE’s strength and integrity, it is unlikely that use of HDPE materials would significantly contribute to the generation of microplastics. In a review of potential impacts of microplastics in the marine environment, Andrady (2011) commented that microplastics were most likely generated on beaches, which would have extended exposure to light and weathering if not collected. The author mentioned that beach cleanups are an effective mitigation strategy to avoid or limit the creation of microplastics. He concluded his comments on beach cleanup by stating, “Beach cleanup therefore can have an ecological benefit far beyond the aesthetic improvements of the beaches, and by reducing microplastics, contributes towards the health of the marine food web.” The conditions of farm approval include maintenance of the project area, which would include cleaning up unnatural debris. In summary, with proper farm management, it is unlikely that geoduck aquaculture farming would result in the creation of macro- or microplastic debris. There is no evidence that existing farms in Puget Sound are creating plastics debris or resulting in metals leaching into the sediment from the use of PVC tubes or HDPE materials. Therefore, with proper farm management, no net loss of ecological function is anticipated from plastics or toxicity. 3.11 Summary of Potential Effects Although shellfish aquaculture can result in short-term, localized changes, overall there is a potential net gain, or at worst, insignificant effect, as demonstrated above. Table 3 is a summary of potential direct effects for each parameter discussed above. Log Item 36 Page 178 of 218 BDN Habitat Management Plan and No Net Loss Report Page 29 Table 3 Summary of Potential Effects from Geoduck Aquaculture Parameter Potential Effect Duration Level of Effect Noise  Airborne Noise: minor increase above background when boats or pump motors are in use  Underwater Noise: minor increase above background when boats motors are in use  Airborne Noise: during transit (boat motor) and during harvest (pump)  Underwater Noise: during transit  Airborne Noise: insignificant  Underwater Noise: insignificant Water Quality  Filtration: increased water clarity locally by reducing plankton blooms and nutrients  Harvest: increased suspended sediments and nutrients  Fish Behavior: avoidance or increased foraging  Filtration: during grow- out  Harvest: during harvest and for about 1-2 tidal cycles  Fish Behavior: during harvest  Filtration: beneficial (albeit small)  Harvest: insignificant  Fish Behavior: insignificant to beneficial Sediment Quality  Sediment quality: increased density of geoducks can result in increased organic content, .  Sediment quality: when mush tubes are in place (maximum of 2 years)  Sediment quality: insignificant Sediment Transport and Bathymetry Tubes: minor accretion of sediments within the tube area  Harvesting: changes to elevation and grain size  Tubes: 2 years of grow- out cycle; baseline conditions within 1-2 tidal cycles  Harvesting: 1-4 months  Tubes: insignificant  Harvesting: insignificant Migration, Access, and Refugia  Tubes: the vertical relief (4-5 inches) is different than sandflat habitat  Tubes: when tubes are present (2 years)  Tubes: insignificant Forage Fish  Spawning: potential overlap with forage fish spawning habitat; largely avoided with spatial separation and conservation measures  Sediment mobilization: sediment migrates to spawning beds; unlikely with wave energy  Larvae ingestion: forage fish larvae ingested by geoduck filter feeding; unlikely based on size  Spawning: planting, maintenance, and harvest  Sediment mobilization: harvest  Larvae ingestion: grow- out (5-7 years)  Spawning: insignificant  Sediment mobilization: insignificant  Larvae ingestion: insignificant Benthic Infauna and Epifauna  Benthic fauna: potential increase of prey, but also short-term change of community structure  Benthic fauna: baseline conditions within several months; 6 months post- harvest  Benthic fauna: insignificant Waterfowl  Beneficial effect due to increased forage on culture tubes  Potential displacement of foraging or loafing birds.  1-2 years of 5-7 year cycle.  Beneficial Foraging: Potentially significant beneficial effect.  Displacement: Insignificant since sandy habitat of farm is not prime foraging habitat for waterfowl. Also, PVC tubes will not preclude use of farmed area by waterfowl and/or shorebirds. Log Item 36 Page 179 of 218 BDN Habitat Management Plan and No Net Loss Report Page 30 Parameter Potential Effect Duration Level of Effect Aquatic Vegetation  Eelgrass and Attached Kelp: none present in project area  Macroalgae: drift macroalgae would be disturbed, but not taken out of the system  Eelgrass and attached kelp: not applicable  Macroalgae: planting, maintenance, and harvest activities  Eelgrass and attached kelp: not applicable  Macroalgae: insignificant Plastics and Toxicity  Macroplastic debris  Microplastic debris  Toxic leachates  1-2 years of 5-7 year cycle.  Macroplastic debris: Insignificant with farm management plan  Microplastic debris: Insignificant with use of HDPE  Toxic leachates: Insignificant with use of HDPE Log Item 36 Page 180 of 218 BDN Habitat Management Plan and No Net Loss Report Page 31 4.0 REFERENCES Andrady, A.L. 2011. Microplastics in the marine environment. Marine Pollution Bulletin 62:1596- 1605. Baker, J. 2012. Transcript of expert testimony in front of the Shoreline Hearings Board (SHB # 11- 019). March 1, 2012. Banas, N.S. and W. Cheng. 2015. An oceanographic circulation model for south Puget Sound. In: WSG (Washington Sea Grant), Shellfish Aquaculture in Washington State, Final Report to the Washington State Legislature. December 2015. 92 pp. Battelle Marine Sciences Laboratory. 2005. Hydroacoustic Measurements During Pile Driving at the Hood Canal Bridge, September Through November 2004. Report PNWD-3621 prepared for the Washington State Department of Transportation. Bendell, L.I., C. Duckham, T.L’Espérance, and J.A. Whiteley. 2010. Changes in geochemical foreshore attributes as a consequence of intertidal shellfish aquaculture: A case study. Marine Ecology Progress Series. 404:91-108. Bendell-Young L.I. 2006. 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Washington State Department of Transportation, Environmental Services, Olympia, Washington Wyatt, R. 2008. Review of existing data on underwater sounds produced by the oil and gas industry. Oil and Gas Producers (OGP) Joint Industry Program report on Sound and Marine Life. Zhou, Y., H. S. Yang, T. Zhang, S. L. Liu, S. M. Zhang, Q. Liu, J. H. Xiang, and F. S. Zhang. 2006. Influence of filtering and biodeposition by the cultured scallop Chlamys farreri on benthic- pelagic coupling in a eutrophic bay in China. Marine Ecology Progress Series 317:127-141. Log Item 36 Page 188 of 218 146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com Smersh Farm Visual Assessment FINAL REPORT Prepared for: BDN, Inc. October 2019, Revised September 2020 Oct 22 2020 Log Item 36 Page 189 of 218 146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com Smersh Farm Visual Assessment FINAL REPORT Prepared for: BDN, Inc. Attn: Brad Nelson Prepared by: Grant Novak Confluence Environmental Company October 2019, Revised September 2020 Log Item 36 Page 190 of 218 Smersh Farm Visual Assessment TABLE OF CONTENTS 1.0 INTRODUCTION .............................................................................................................................................. 1 2.0 VISUAL IMPACT ASSESSMENT METHOD .................................................................................................... 2 2.1 Overview .......................................................................................................................................................... 2 2.2 Inventory .......................................................................................................................................................... 3 2.3 Analysis ........................................................................................................................................................... 4 3.0 FINDINGS ......................................................................................................................................................... 5 3.1 Scenic Quality .................................................................................................................................................. 5 3.1.1 Environmental Condition ......................................................................................................................... 5 3.1.2 Spatial Definition ..................................................................................................................................... 5 3.1.3 Adjacent Scenery .................................................................................................................................... 6 3.2 Sensitivity Level ............................................................................................................................................... 6 3.2.1 Number of Viewers ................................................................................................................................. 6 3.2.1 View Duration.......................................................................................................................................... 6 3.3 Visibility ............................................................................................................................................................ 8 3.3.1 View Obstruction ..................................................................................................................................... 8 3.3.2 Distance Offshore/Observer Position ...................................................................................................... 9 3.3.3 Viewshed Coverage ................................................................................................................................ 9 3.4 Extent of Probable Visual Impact ..................................................................................................................... 9 4.0 REFERENCES ............................................................................................................................................... 10 FIGURES Figure 1. Smersh Parcel and Vicinity. ................................................................................................................... 1 Figure 2. Proposed Geoduck Planting Area and Distances from High Water ....................................................... 2 Figure 3.Visual Assessment Inventory Categories ................................................................................................ 4 Figure 4. Proportion of month the upper margin (Chart A) and lower margin (Chart B) of the geoduck planting will be visible based on NOAA tide data from Jan 1, 2012 to Dec 31, 2017. .......................................... 7 Figure 5. Proportion of Month Tidal Elevation Range is Within Farm Boundary ................................................... 8 Figure 6. Visual Impact Classifications ................................................................................................................ 10 Log Item 36 Page 191 of 218 Smersh Farm Visual Assessment October 2019 Page 1 1.0 INTRODUCTION BDN, Inc. has leased parcel 721031007 (Smersh parcel) on Shine Road west of the Hood Canal Bridge and is proposing to operate a geoduck farm at the site (Figure 1). A conditional use permit is requried by Jefferson County and, as part of the permit application, a visual assessment has been requested by the County purssuant to Jefferson County code 18.25.440(4)(f). The following document presents an assessment of the potential effects to nearby uses and aesthetic qualities of the shoreline that might occur due to geoduck aquaculture operations on the Smersh parcel. BDN, Inc proposes to plant up to 5.15 acres of geoducks at the site between +2 feet and approximately -2 feet relative to mean lower low water (MLLW) (Figure 2). The lower boundary of planting has been determined based on the location of the eelgrass bed below approximately -2 feet MLLW (Confluence 2016). Geoduck will be planted outside of a 16 foot horizontal buffer from the eelgrass bed (Figure 2). To protect geoduck seed from predators, PVC tubes 4” in diameter by 10” long would be placed into the sandy substrate at low tide, while the tidelands are exposed, before any geoduck seed is planted. Tubes would be placed at an approximate density of 1 tube per square foot with 3” to 5” of the tube exposed above the substrate. A low pressure water hose may be used to loosen the substrate sufficiently to properly insert the PVC tubes. Tubes will be labeled with contact information for BDN. 12-25 workers will work to insert these tubes during each approximately 5-hour shift. This will allow for approximately 6,000-10,000 tubes to be placed per day. Figure 1. Smersh Parcel and Vicinity. Log Item 36 Page 192 of 218 Smersh Farm Visual Assessment October 2019 Page 2 Geoduck seed will then be obtained from a certified hatchery and typically planted in the installed PVC tubes when 4-5 mm in size. The juvenile geoducks will be placed in the installed PVC tubes by divers during times when the tubes are submerged. No water jets will be used during placement of the seed in the PVC tubes. The tubes will be clipped shut at the top by the divers, using plastic clips, after the seed has been planted. Planting will begin in spring and continue through fall. Planting activities will occur once per year, typically in June or July, over a period of 20-25 days. No netting will be installed over the tubes, and no rebar or other materials will be used in connection with the planting maintenance or harvest activities. No fill materials or other nursery/grow-out structures will be installed on the site. 2.0 VISUAL IMPACT ASSESSMENT METHOD 2.1 Overview This visual assessment follows protocols and methods outlined in the Department of Ecology’s Aquaculture Siting Study (Ecology 1986) developed by the State of Washington to assess visual effects that might be experienced due to aquaculture activities. In Ecology’s study, they incorporated and expanded upon visual assessment techniques identified by the U.S. Forest Service (USFS) and U.S. Bureau of Land Management (BLM) and refined the applicable techniques Figure 2. Proposed Geoduck Planting Area and Distances from High Water Log Item 36 Page 193 of 218 Smersh Farm Visual Assessment October 2019 Page 3 to focus on assessments of aquaculture. The result is the Visual Assessment Workbook which provides an analytical process for evaluating visual impacts of aquaculture. The USFS identified nine assumptions related to visual quality that were adopted by Ecology in their analytical process to assess visual impacts of aquaculture: 1. People have certain scenic expectations 2. View duration is critical; 3. Number of viewers is critical; 4. Diversity increases scenic value; 5. Retention of distinctive character is desirable; 6. Each setting varies in capacity to absorb visual alteration; 7. Landmarks/focal points receive critical scrutiny; 8. Viewing angle is critical; and 9. Viewing distance is critical. The BLM identified three principles related to visual quality that were adopted by Ecology in their analytical process to assess visual impacts of aquaculture: 1. Landscape character is primarily determined by the four basic visual elements of form, line, color, and texture. Although all four elements are present in every landscape, they exert varying degrees of influence. 2. The stronger the influence exerted by these elements, the more interesting the landscape. 3. The more visual variety in a landscape, the more aesthetically pleasing the landscape. Variety without harmony, however, is unattractive, particularly in terms of alterations (cultural modifications) that are made without care. The principles and assumptions outlined by the USFS and BLM were incorporated by Ecology into a visual assessment method that inventories the surrounding landscape to quantify visual characteristics of the landscape and the proposed aquaculture operations, and incorporates the landscape inventory scores within an analysis matrix to arrive at an overall visual impact score. 2.2 Inventory The Ecology defined inventory of visual characteristics includes three categories: scenic quality, sensitivity level, and visibility. Scenic quality incorporates individual rating scores of environmental condition, spatial definition, and adjacent scenery to determine a high, moderate, or low scenic quality rating. Site sensitivity level is an accounting of the number of potential viewers and their potential view duration of the project area (i.e., Smersh geoduck farm). The visibility category identifies key observation points and evaluates the visibility of the aquaculture site based on obstructions, distance from viewer, and the amount of the viewers cone of vision taken up by the aquaculture activity (Figure 3). Log Item 36 Page 194 of 218 Smersh Farm Visual Assessment October 2019 Page 4 2.3 Analysis In the analysis step, the scores from the inventory of scenic quality, sensitivity level, and visibility are incorporated into an overall score to determine the severity of the probable visual impact. The four classifications of visual impact are: 1. Class I (Severe Visual Impact) – Any permanently visible aquaculture facility will likely have a severe visual impact that cannot be mitigated for. This category is applicable only in wilderness areas. 2. Class II (High Visual Impact) – Areas where permanently visible aquaculture facilities will likely be visually obtrusive. 3. Class III (Moderate Visual Impact) – Areas where permanently visible aquaculture facilities will be visually evident. 4. Class IV (Low Visual Impact) – Areas where existing visual disruptions dominate or areas with low sensitivity/visibility. Figure 3.Visual Assessment Inventory Categories Log Item 36 Page 195 of 218 Smersh Farm Visual Assessment October 2019 Page 5 3.0 FINDINGS A site visit was made to the Shine neighborhood and surrounding locale on April 18, 2018 during a daylight low tide to inventory the scenic quality, sensitivity level, and visibility of the area within the viewshed of the proposed Smersh geoduck farm. A hard copy of the visual assessment workbook was consulted during the site visit and notes and scores were cataloged in the workbook (Appendix A) for incorporation into this assessment. 3.1 Scenic Quality Scenic quality is a combination of environmental condition, spatial definition, and adjacent scenery. Each of these elements is described in more detail below. Summary Category Rating: Moderate scenic quality – Areas with a combination of some outstanding features and some that are fairly common. 3.1.1 Environmental Condition Environmental condition is the capacity of the landscape to accept human alteration without losing its natural visual character. 3.1.1.1 Environmental Condition Rating Individual Element Rating: Moderate Environmental condition was rated as Moderate based on distinctive landscape character, the nearby public park and public use area, and areas with visible evidence of human activity, but not at a dominating level. The Smersh site is located on a heavily altered shoreline in a medium- density, residential neighborhood. The shoreline has been altered by rip rap hardening, there is a concrete boat ramp and gravel parking lot in the adjacent public property, riparian trees have been removed from a number of the adjacent properties to increase private views, and the paved roadway is adjacent to the shoreline for approximately 1 mile to the west of the Smersh parcel. 3.1.2 Spatial Definition Spatial definition is the degree of spatial enclosure and volume created by the flat plane of the water body and the surrounding landforms. 3.1.2.1 Spatial Definition Rating Individual Element Rating: Moderate Spatial definition was rated as moderate based on the shoreline form with concave embayments ½ mile to 2 miles across. Squamish Harbor is approximately 2 miles across at the Smersh site and Hood Canal is approximately 3 miles across at the Smersh site. Log Item 36 Page 196 of 218 Smersh Farm Visual Assessment October 2019 Page 6 3.1.3 Adjacent Scenery Adjacent scenery refers to the adjacent shoreline edge, landform, and vegetation which define the embayment. Influence, detail, and clarity diminish with distance. In general, impact of this variable increases as the degree of enclosure increases, or as the embayment size or the distance to the opposite shoreline decreases. 3.1.3.1 Adjacent Scenery Rating Individual Element Rating: Low Adjacent scenery was rated as low based on the lack of variety in form, line, color, and texture. Trees obscure views from neighboring residences, clear cutting is visible in the managed forests to the west, managed forests are visible on all adjacent shorelines, and most shorelines being greater than 1 mile from viewpoints. 3.2 Sensitivity Level Sensitivity level refers to the number of potential viewers, adjacent travel routes, use areas, or the amount of existing residential development. Summary Category Rating: Low – few adjacent travel routes and medium-density residential development. Further, because geoducks will be located in the intertidal zone, they will be underwater for the majority of the time and the duration when they are visible will be short. This rating is described in more detail below. 3.2.1 Number of Viewers Individual Element Rating: Low This element was rated as low because the potential number of viewers of the Smersh Site is low. At low tide, the upper margin of the geoduck planting at +2 feet elevation is visible from only 12 residences while the lower margin of the geoduck planting at -2 feet elevation is visible from only 20 residences (See Appendix B – Photos 11 and 12). The site is not visible from the heavily- travelled state route 104 and, while it may be visible from Shine road during some tidal stages, Shine road is a neighborhood access route and not heavily travelled. The neighboring park is little more than a boat ramp and gravel parking lot. The boat ramp is only useable during high tide, when the PVC geoduck tubes would be submerged, so there is little opportunity for visitors to see aquaculture activities. 3.2.1 View Duration Individual Element Rating: Low It is important to note that tides low enough to expose the planting area follow a seasonal pattern in the Puget Sound region. Larger-magnitude summer low tides occur during daylight hours, Log Item 36 Page 197 of 218 Smersh Farm Visual Assessment October 2019 Page 7 while winter low tides occur at night. Therefore, PVC geoduck tubes are more visible in summer, and minimally visible in winter. While the presence of medium-density residential development may lead to a moderate score for the Sensitivity Level category, aquaculture equipment and activities are only visible during daylight low tides for a small percentage of each month. Figure 4 illustrates that the upper margins of the geoduck planting area are visible a maximum of 16% of any single month (Chart A) and the entire planted area is visible a maximum of only 2% of a month (Chart B) (NOAA 2018). A. B. Figure 4. Proportion of month the upper margin (Chart A) and lower margin (Chart B) of the geoduck planting will be visible based on NOAA tide data from Jan 1, 2012 to Dec 31, 2017. Figure 5 presents the tidal range in Hood Canal throughout the year overlaid by the farm boundary. It should be noted that, while geoduck will be planted between +2 feet and -2 feet elevation, the geoduck tubes may extend up to 7 inches (0.6 feet) above the sediment so the farm boundary has been shown between -1.4 feet and +2.6 feet to represent the tidal elevation of the PVC geoduck tubes. As can be seen in Figure 5, tidal elevation seldom goes as low as the upper farm boundary and even more rarely goes as low as the lower farm boundary, further illustrating that the aquaculture activities will be exposed only a minor portion of a month. Log Item 36 Page 198 of 218 Smersh Farm Visual Assessment October 2019 Page 8 3.3 Visibility Visibility is a combination of the following elements, which are discussed in more detail below: view obstruction, distance offshore/observer position, and viewshed coverage. Summary Category Rating: Low Visibility is rated low due to obstructed views from vegetation and landform as well as large distances between geoduck planting area and potential viewers. Also, geoduck tubes have very low relief and natural macroalgae colonizes equipment rapidly leading to natural color and texture (See Appendix B – Photos for examples). 3.3.1 View Obstruction View obstruction is related to the degree of obstruction in viewing the farm by vegetation, landform, or man-made objects. 3.3.1.1 View Obstruction Rating Individual Element Rating: Moderate – Partially obstructed view 15 to 20 homes have unobstructed view of the proposed geoduck planting area. During the site visit, nearby trees were in the leaf-off condition. The estimate of 15-20 homes with unobstructed views will be reduced during the summer when trees have a cover of leaves that are likely to more fully block views. Figure 5. Proportion of Month Tidal Elevation Range is Within Farm Boundary Log Item 36 Page 199 of 218 Smersh Farm Visual Assessment October 2019 Page 9 3.3.2 Distance Offshore/Observer Position Visibility is critically related to the distance the farm is located from observation points and the height of key observation points above sea level. 3.3.2.1 Distance Offshore/Observer Position Rating Individual Element Rating: Low – Areas with little visibility This element is rated low because distance from most potential viewers (i.e. visible residences and Shine road) to aquaculture is greater than 1500 feet and between 20 feet and 50 feet above sea level. 3.3.3 Viewshed Coverage Viewshed coverage is related to the percentage of the normal cone of vision occupied by the proposed aquaculture facility. 3.3.3.1 Viewshed Coverage Rating Individual Element Rating: Low The proposed geoduck planting area covers less than 5% of the cone of vision when viewed from nearby residences. The project is only 500 feet wide along the nearly 2-mile-long northern shoreline of Squamish Harbor. 3.4 Extent of Probable Visual Impact Scores from the inventory of scenic quality, sensitivity level, and visibility are incorporated into an overall score to determine the severity of the probable visual impact. Scenic Quality Summary Category Rating: Moderate Sensitivity Level Summary Category Rating: Moderate Visibility Summary Category Rating: Low Log Item 36 Page 200 of 218 Smersh Farm Visual Assessment October 2019 Page 10 Using the matrix provided in the Visual Assessment Workbook to determine the extent of visual impact of the project site leads to a Class IV Low Visual Impact. This determination is based on the fact that the site is visible only a small portion of the time, the site is not visible from heavily traveled routes, the surroundings are heavily altered by local residential development, and the PVC geoduck tubes will quickly take on a natural color due to colonization by aquatic flora and fauna (see photo 13 in Appendix B). Based on the resultant Class IV Low Visual Impact rating, the project should require no mitigation measures to reduce visual effects. 4.0 REFERENCES Confluence Environmental Company. 2016. BDN Eelgrass Bed Delineation – 2016 – Final Report. October 31, 2016. Ecology (WA State Department of Ecology). 1986. Aquaculture siting study. Prepared by EDAW Inc. and CH2M/Hill for State of Washington Department of Ecology, Olympia. National Oceanographic and Atmospheric Administration. 2018. Tides and Currents Website – Tide Predictions at Gage 99445088 at Lofall, WA from 1/1/2012 to 12/31/2017. https://tidesandcurrents.noaa.gov/noaatidepredictions.html?id=9445088&legacy=1 Figure 6. Visual Impact Classifications Log Item 36 Page 201 of 218 Appendix A Visual Assessment Workbook Log Item 36 Page 202 of 218 Appendix B Photos Log Item 36 Page 203 of 218 Log Item 36 Page 204 of 218 Log Item 36 Page 205 of 218 Log Item 36 Page 206 of 218 Log Item 36 Page 207 of 218 Log Item 36 Page 208 of 218 Log Item 36 Page 209 of 218 Log Item 36 Page 210 of 218 Log Item 36 Page 211 of 218 Log Item 36 Page 212 of 218 Log Item 36 Page 213 of 218 Log Item 36 Page 214 of 218 Log Item 36 Page 215 of 218 Log Item 36 Page 216 of 218 Log Item 36 Page 217 of 218 Appellant Exhibit 54 page 1342 Log Item 36 Page 218 of 218