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HomeMy WebLinkAbout038 LetterDonna Frostholm From: Marilyn Showalter <marilyn.showalter@gmail.com> Sent: Monday, March 8, 2021 1:02 PM To: matthewj.bennett@usace.army.mil; Daisy.P.Douglass@usace.army.mil Cc: Donna Frostholm; Philip Hunsucker Subject: Case Shoal (Squamish Harbor) Shellfish Operation NWS-2010-1039, Jefferson Parcel #s 721092001,003 Attachments: Case Shoal Showalter Letter to Bennett Douglass 3-8-2021.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Attached is a letter from me to Section Chief Bennett and Case Manager Daisy Douglass, cc to Donna Frostholm and Phil Hunsucker, complaining against and objecting to permit(s) for commercial shellfishing at Jefferson Parcel #s 721092001, 003, and requesting relevant records from the Corps. --Marilyn Showalter Marilyn Showalter 1596 Shine Rd Port Ludlow, WA 98365 (360) 259-1700 (cell) ma ri lyn.showa Ite r@gma i I.co m LOG ITEM # 3S Wage i 0lf:Es MARILYN SHOWALTER LOCH p7' m 1596 Shine Road # � �VJ Port Ludlow, WA 98365 �� marilyn.showalter@Rmail_com, 360-259-1700 g motif March 8, 2021 Matthew J. Bennett, Section Chief Corps of Engineers Regulatory Branch & Daisy Douglass, Project Manager Biologist Mattliew.J.Bennett@usace.qnny.mil 206-764-3428 Dais . P. Doug lass usace.arm .mil 206-764-6903 BY EMAIL Re: Complaint/FOIA/Objection re Rock Point Case Shoal Permits References: NWS-2010-1039, NWP 48; Jefferson County Parcel #s 721092001, 003 Dear Section Chief Bennett and Project Manager Douglass, I write to object to the issuance or verification of an individual or nationwide permit for commercial aquaculture at the above -referenced location. Also, please provide me with all records relating to these parcels, 2005 through now, excepting those provided to Jan Wold. As you know, I live on Shine Road, Squamish Harbor, Jefferson County, WA. I have owned property here for 44 years. From my house, I look across Squamish Harbor to Case Shoal (which is in Squamish Harbor) and the tidelands off South Point Road. In the past few years, I have noticed an increase in what appears to be commercial shellfish activity there (mostly oysters, I believe). It is unclear to me if geoducks have been planted or harvested, but in a Jefferson County record regarding a different shellfish operation, it appears that geoduck farming was authorized by the Corps for these parcels on August 18, 2017. (Jefferson County MLA19- 00036 BDN, Log Item 25, p 14.) At this point, and in light of recent Federal court orders, no permit/verification should issue, for at least the following reasons: Insufficient Environmental Analysis, Including Lack of Cumulative Effects Analysis There has been inadequate evaluation of environmental effects, including cumulative effects, regarding, among other things, endangered or threatened species in Squamish Harbor. These include Hood Canal Summer Run Chum salmon and Marbled Murrelets and the local ecosystem on which they depend. Squamish Harbor hosts native eelgrass beds and spawning grounds for sand lance, herring, smelt, and rocksole. This is an incomplete list. A full environmental assessment, with opportunity for public input, is imperative, when considering a new permit. Insufficient Accounting of Acreage, Species, and Methods of Cultivation There is inadequate accounting of how much acreage, for which species, with what equipment has been planted or harvested over which periods of time. In particular, it is important to know, for purposes of evaluating cumulative effects, the status of cultivation on these parcels in 2007, as well as in subsequent years. LOG ITE.N1 Ltr to Bennett and Douglass March 8, 2021 Re: Case Shoal (NWS-2010-1039) Page Insufficient Information Bearing on Need for County Permit Just as significant, it is important to know the status of cultivation (acreage, species, equipment) on these parcels as of February 21, 2014, the effective date of Jefferson County's Shoreline Master Plan (SMP). Under current individual and NWP permits, the Corps states: "You must also obtain all local, State, and other Federal permits that apply to this Project." (See, e.g., Case Shoal verification letter dated August 18, 2017, page 3.) (Italics added.) The Jefferson SMP requires a county permit if- [t]he physical extent of the facility or farm is expanded by more than 25 percent or more than 25 percent of the facility/farm changes operational/cultivation methods compared to the conditions that existed as of the effective date of this program or any amendment thereto. If the amount of expansion or change in cultivation method exceeds 25 percent in any 10-year period, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section Jefferson County Code 18.25.440(4)(i) Looking forward, in order to determine whether a County permit is necessary, both the Corps and Jefferson County need to know the status of cultivation on February 21, 2014. But also, looking backward, if, since February 21, 2014, Rock Point has expanded or changed cultivation methods beyond the 25% limits, the company would be in violation of Jefferson County code as well as federal authorization. The cleanest way to address this issue, especially before any new authorization is considered, is for Rock Point to provide a year -by -year accounting, from 2007 onward, including the February 21, 2014 date, detailing acreage under cultivation, type of species, and type of equipment and methods used. This should be supplied to Jefferson County as well as to the Corps. One caveat: I and my neighbors Jan Wold and Sue Corbett have made various requests for information about Squamish Harbor that have not been answered by the Corps, including information on the Case Shoal parcels (email from Jan Wold to Pam Sanguinetti, January 5, 2021). If and when we receive that information, it might prompt some modification of what I have said here. But given the timeline of possible new permits, it was necessary to proceed without it. Thank you for your attention to this matter. Sincerely, iX.e"a" S<so ""rot Marilyn Showalter cc: Jan Wold, Sue Corbett, Donna Frostholm, Phil Hunsucker 2