Loading...
HomeMy WebLinkAboutSMP Task Force Scoping Topics_Memo 2_2020_1001Task Force Scoping Topics #2 DRAFT October 2, 2020 INTRODUCTION This document provides materials to support the Shoreline Master Program (SMP) Task Force meeting on October 5, 2020. Attached are: Attachment A: The Power Point given September 28, 2020; see also AV Capture. Attachment B: Preliminary SMP Periodic Review Survey Results as of October 1, 2020. Attachment C: Task Force Emails to County Staff between September 29 and October 1, 2020 including comments on Port Townsend’s SMP and Sea-Level Rise. Attachment D: County SMP code interpretations/docket list. Attachment E: Draft Scoping Document integrating Task Force topics to date. Below, some SMP Task Force topics are further described Priority Aquatic Designation: Piers and Pipelines Aquaculture Boat Launches Marine Trades Sea-Level Rise Options Draft Scoping Document PRIORITY AQUATIC DESIGNATION: PIERS AND PIPELINES Task Force member Chris Kelly noticed that the uses allowed in the Priority Aquatic and Aquatic environments are similar though Priority Aquatic is more sensitive. There was a request to review allowances for industrial piers and oil and gas transmission facilities in Priority Aquatic environments. Per JCC 18.25.210 (3)(a), the Priority Aquatic designation protects to the highest degree possible and, where feasible, restores waters and their underlying bedlands deemed vital for salmon and shellfish. The shorelines have habitats supporting endangered species, salmonid species, forage fish spawning habitats, important intertidal and subtidal shellfish areas, intact drift cell processes, etc. Per JCC 18.25.210 (3)(b), the Aquatic designation protects, manages, and, where feasible, restores lake, stream, and marine waters and their underlying bedlands that are not designated as priority aquatic. Industrial Piers are defined as: ““Industrial pier” means a fixed platform structure supported by piles in a water body that abuts the shore to provide access to or moorage of vessels or watercraft for industrial purposes, such as, but not limited to, mining, processing raw materials, manufacturing products from natural resources, and operations that include hazardous substances.” Reviewing Table 18.25.220, industrial piers area permitted as Shoreline Substantial Development Permits in both Priority Aquatic and Aquatic designations subject to SMP requirements. The only upland designation where that use is allowed is High Intensity. In order to have such a facility, the shorelands would need to be designated High Intensity, and waterward of the Ordinary High Water Mark, the designation could be either Aquatic or Priority Aquatic. For example, there is a High Intensity shoreline designation parallel to a Priority Aquatic designation in the Quilcene area where there are aquaculture and marina and boat facilities. Consistent with the Shoreline Management Act and SMP rules, Jefferson County’s SMP is designed to allow water dependent uses including industrial piers or port facilities, but new or expanded facilities would have to be “designed and constructed to avoid or, if that is not possible, to minimize the impacts to nearshore habitats and processes.” Oil and gas transmission pipelines are discretionary conditional use permits. These are linear facilities and are not water oriented. State SMP Rules indicate the uses should be located outside of shoreline areas where feasible. (WAC 173-26-241(3)(l)) Pier and pipeline uses appear to be addressed consistent with state law/rule preferences and guidelines. For other reasons, it may be appropriate for the County to review how Aquatic and Priority Aquatic is applied and use allowances. For example, the County may wish to clarify that West End rivers are Aquatic below the Ordinary High Water Mark. AQUACULTURE Aquaculture is an important natural resource industry in Jefferson County (see JCC 18.25.440). There are several aquaculture operations in the county. There was a request to review net pen policies to expand County capacity for aquaculture. There was also discussion that it may be difficult to accomplish a review of net pen policies since the SMP Periodic Review is not a broad update but rather a focused and targeted review process. In 2018,  House Bill 2957 became law, and requires a phasing out of Atlantic salmon net pens by 2022, and prohibits new commercial aquaculture operations from raising non-native finfish in state waters. The law also directed a study be prepared by the National Centers for Coastal Ocean Science (NCCOS) to inform the development of state guidance on finfish aquaculture. The study was completed in spring 2020 but state agency guidance is still pending. See: https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Aquaculture/State-guidance-for-net-pens. Given the evolving nature of the guidance, net pen policies may not be timely for review during the Periodic Review. BOAT LAUNCHES The SMP allows for boat launches, particularly public ones over private launches. Rail and track launches are preferred over ramps. Boat launches are permitted or conditionally permitted in all shoreline environment designations. (See Table 18.25.220.) Members of the Task Force discussed that the condition and number of existing boat launches could be improved. It appears the SMP itself is not a barrier to boat launch development in terms of use allowances. If not a SMP Periodic Review topic, the County could consider addressing the demand and need for boat launches such as with its next Parks, Recreation, and Open Space Plan update due in 2021. MARINE TRADES Marine trades include a variety of sectors including ship and boat building/maintenance/repair, passenger ship/ charter ship activities, fishing and seafood processing, marina and recreational boating, and maritime education and training. A 2018 study found marine trades contributed over $336 million in economic activity and supported 2,243 jobs. It was recommended that there be emphasis on preserving the heritage and culture of marine trades in Jefferson County. The SMP does promote water dependent, water-related, and water enjoyment activities over non-water-oriented shoreline uses. Since 2014, the County did process some buoy permits and marina dredging. It does not appear there were many permits associated with marine trades. The County could review the permits completed, and its current policies, and consider if there are undue barriers to maintaining and expanding marine trades. SEA-LEVEL RISE OPTIONS The Jefferson County SMP (2014) contains the following policy language on sea-level rise: 18.25.180(2) (j) Encourage all use and development to address potential adverse effects of global climate change and sea level rise. 18.25.300 Shoreline setbacks and height. (b) Proponents of a development on no-bank or low bank marine shorelines are encouraged to locate the bottom of a structure’s foundation higher than the level of expected future sea-level rise. There are no regulations in the SMP on sea-level rise. The Jefferson County Comprehensive Plan contains several policies that could be integrated, provided previously. The Task Force discussed ensuring consistency with the Comprehensive Plan and SMP and integrating or cross referencing of climate change and sea-level rise policies. The Task Force also requested to review the status of the City of Port Townsend’s Periodic Review and climate change/sea-level rise approach. Port Townsend is reviewing SMP amendments. In draft text as of September 2020, the City proposes referencing state guidance on the measurement of the ordinary high water mark including sea level rise data. The Local 20/20 Climate Preparedness group have provided comments to the City (attached) for their SMP periodic review. The recommendations include example policies from several jurisdictions collected by the Washington Department of Ecology. Their recommendations also include adding a design standard to ensure shoreline development is located and designated to withstand sea level rise projections for the expected life of the development. Other example scoping documents address sea-level rise to different degrees: Whatcom County SMP Periodic Review, Scoping Document Island County SMP Periodic Review, Scope of Work and Website (Graduate students developed a Sea Level Rise report for the County) CODE INTERPRETATIONS A list of SMP docket items identified by County staff, in progress, is attached. These items are referenced in general in the scoping document. DRAFT SCOPING DOCUMENT A draft scoping document is attached for Task Force review. It lists topics that the Task Force has discussed at its first two meetings including some options for sea-level rise. It also lists items from the County staff evaluation of the SMP in Ecology’s Periodic Review Checklist, designed to ensure consistency with state laws and rules. The scoping document will be a subject of the Task Force’s meeting on October 5, 2020 and likely October 12, 2020. The Task Force will eventually make one or more motions to amend and approve a scoping document.