HomeMy WebLinkAbout039 Application Submittal
May 6, 2021
Ms. Donna Frostholm
Jefferson County Department of
Community Development
621 Sheridan Street
Port Townsend, WA 98368
Re: Site Address 1160 Shine Road
Case# MLA19-00036
Dear Ms. Frostholm,
This is in response to your letter of February 24th, 2021 concerning the above matter. BDN’s
responses are set out in the following paragraphs that correspond to the paragraph numbers in
your letter.
2. Inconsistencies in the Attachments identified in the SEPA Environmental Checklist. In going
over the specific items you raised, it became apparent that there were a number of needed
revisions to the SEPA Checklist and to the filenames and/or the substance of the referenced
attachments in order to make everything consistent, clear and correct. We have concluded that
the best way to do this is to prepare a revised SEPA Checklist and to rename/revise the
attachments as needed so that all of the references in the Checklist are correct and properly tie
into the names of the corresponding Attachments.
Thus we are submitting a new folder containing all of these revised items. Everything that is
referenced in the revised Checklist should now be in the folder and everything should properly
tie together.
With respect to the four attachments you reference in your Paragraph 2, each of these is now
included in the folder and should properly tie to the SEPA Checklist.
3. Four Attachments in Section A.8 of the Checklist.
C. Attachment C now includes Appendices A and B.
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Ms. Donna Frostholm
May 6, 2021
Page Two
D. The Checklist has been revised to properly reference attachments D1 ( BDN Smersh
Farm Cumulative Impacts Report, Confluence Environmental Company – May 2019, Revised
September 2020) and D2 (Addendum – April, 2021.)
F&G. There is now no Attachment F. Attachment G is the COE Specific Project
Information Form for Shellfish Activities dated October 27th, 2016 as referenced in the
Checklist.
4. Stormwater Submittal. BDN confirms its understanding that there are to be no ground-
disturbing activities on the four upland parcels identified in the submitted materials, and that
approval would be conditioned on this.
5. Modification of the October 28, 2013 MSA Biological Evaluation. I believe the revised
materials now make it clear that there were no changes made by MSA to its 2013 Report.
Rather, BDN switched from MSA to Confluence Environmental for Environmental Consulting,
and in 2016 Confluence Environmental issued its own “addendum” to the report to document its
own performance of additional eelgrass surveys, which report Confluence then updated in
October of 2020. The use of the term “addendum” is not intended to imply that MSA was
involved in or approved the later activities of Confluence Environmental in any way. Their
respective reports are entirely independent of each other.
I trust this addresses all of the issue raised in your letter, but please let me know if you require
anything further from BDN in connection with our application.
Thank you,
Kenneth A. Sheppard
Attorney for BDN, LLC
KAS:sm
w/Enc.
C:\Users\ksheppard\Desktop\BDNLL\21 Ltr to Frostholm 5-6-21.docx
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SITE PLAN FOR AREA ACTIVITIES – Page 1
SITE PLAN OF ALL AREAS IN JEFFERSON COUNTY TO BE USED IN CONNECTION WITH
BDN LLC/SMERSH GEODUCK AQUACULTURE PROJECT - CASE # MLA 19000036
1
2
3
1. This parcel is owned by Applicant’s Agent/Representative BDN, LLC and will be the
primary staging area for all activities related to the operation of the proposed aquaculture project.
It can be accessed from Shine Road via a gravel roadway easement, appurtenant to that parcel,
that runs along/between parcels 8213444029 and 821344032. This parcel is not within 150 feet
of any waterbodies or Type F, N or S streams. There will be storage on this parcel of materials
used in planting or harvesting, in accordance with the planting, maintenance and harvesting
schedules set out elsewhere in the Permit Application. There will be parking of approximately 6-
8 passenger vehicles or light trucks on this property during periods of operation of the proposed
aquaculture project.
2. This parcel is owned by Applicant and will be a secondary parking area for activities
related to the operation of the proposed aquaculture project. It can be accessed from Shine Road.
There will be no clearing, grading or construction on this parcel by BDN, LLC, only short term
parking in connection with planting, maintenance or harvesting per the schedules set out
elsewhere in the Permit Application. Approximately 6-8 passenger vehicles or light trucks may
be parked on this property in connection with these activities. This property is not within 150
[_______] 100m/300ft
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SITE PLAN FOR AREA ACTIVITIES – Page 2
feet of any waterbody, and is not within 150 feet of any known Type F, N or S streams, but no
proposed activities at this location will in any way impact those waterbodies or streams in any
event.
3. The parking area at Hicks Park will be used only for parking of one or two private
passenger vehicles or pickup trucks for the continuing inspection of the planted areas while the
mesh tubes are still present. Such inspections will take place during periods of low “minus”
tides, which typically occur in the nighttime in the winter, and the daytime during the summer.
Parking will be for 4 hours or less, while workers perform the inspections. Workers will be
instructed not to interfere with public parking or usage at Hicks Park, and if there is public usage
that such inspections would impact or interfere with, the inspectors will be instructed to park
instead at Parcels 1 or 2 above.
No materials of any kind will ever be placed or stored at this location, and the boat
launching facilities will never be used by anyone connected with the project. This property is
within 150 feet of any waterbody, and may be within 150 feet of Type F, N or S streams, but no
proposed activities at this location will in any way impact those waterbodies or streams in any
way that differs from impacts by the general public using the park.
4. Shine Tidelands State Park, 1.4 Miles to the east of the Project, may be used for the
loading and launching of a small watercraft (less than 30 feet) at its public boat launching ramp.
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 1-5 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, the small watercraft will transport the day’s harvest of
geoducks from parcel 721031007 to the public boat launching ramp where they will be loaded
into a vehicle or vehicles for transport. Harvesting related activities will involve at most one
daily launching and retrieval of the vessel, and 1 daily trip by the accompanying vehicle or
vehicles. Harvesting activities will usually commence between five and six years after an area of
parcel 721031007 has been planted, and that planted area will typically be harvested over a one
to two year period. 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 those one to
two year harvest periods.
From usage connected with other previously approved BDN activities, it is clear that
Shine Tidelands State Park 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 proposed activities
at this location will in any way impact the public usage of Shine Tidelands State Park, and will
not impact any nearby waterbodies or streams in any way that differs from impacts by the
general public using the park.
Note: The Army Corps of Engineers approved short term parking along Watney Lane in
connection with other previously approved BDN operations. No parking along Watney Lane is
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SITE PLAN FOR AREA ACTIVITIES – Page 3
proposed in connection with the BDN Smersh Geoduck Aquaculture Project. Nor will there be
any usage of the shorelands portions of Parcel 721031007, other than for workers to occasionally
walk across these shorelands to access the planted areas of that parcel.
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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: September 13, 2016
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 park at public parking areas on Madrona Vista and use property owned by James
1 On a July 21, 2016 site visit, the Corps requested clarification as to whether area netting would be used. As noted
in the original BE, “Area netting over the tubes may be installed to prevent tube dislocation during severe weather”
(BE, pg. 5) and “Once [mesh] caps have been removed, area netting will be put down to contain tubes, as the
growing geoducks will begin to push these out of the sand” (BE, pg. 6). BDN anticipates that area nets may be used
for a maximum of four years to protect geoducks from predators and to provide additional protection against tube
dislodgement.
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.
Appellant
Exhibit 45 page 1106
May 07 2021
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Smersh located across the street from the project site as a staging area.3 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.
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.
3 Depending on the source of geoduck seed, the size of planted seed may be 4-5 mm as opposed to the 10-15 mm
seed described in the BE.
Appellant
Exhibit 45 page 1107
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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
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
Appellant
Exhibit 45 page 1108
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plant as a Class C noxious weed. Therefore, impacts to Z. japonica existing on the site is considered to
be a less than significant impact.4
4 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 and canopy nets. Further, BDN’s operations west of the project site have documented that
BDN’s proposed geoduck aquaculture can coexist with Z. japonica.
Appellant
Exhibit 45 page 1109
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www.confenv.com page 5 of 7 Figure 1. Proposed Geoduck Planting Plan and July 2016 Eelgrass Density ZonesAppellant Exhibit 45 page 1110Log Item 39 Page 64 of 561
www.confenv.com page 6 of 7 Figure 2. Proposed Geoduck Planting Plan and September 2015 Eelgrass Density ZonesAppellant Exhibit 45 page 1111Log Item 39 Page 65 of 561
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.
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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
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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.
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www.confenv.com page 4 of 6
Figure 1. Proposed Geoduck Planting Plan and July 2016 Eelgrass Density Zones
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Figure 2. Proposed Geoduck Planting Plan and September 2015 Eelgrass Density Zones
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146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com
BDN EELGRASS DELINEATION AND DEPTH OF
CULTURE SURVEY, HOOD CANAL,
WASHINGTON
DRAFT
Prepared for:
BDN, Inc.
October 16, 2015
May 07 2021
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1 46 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com
BDN EELGRASS DELINEATION AND DEPTH OF CULTURE
SURVEY, HOOD CANAL, WASHINGTON
DRAFT
Prepared for:
BDN, LLC
3011 Chandler St.
Tacoma, WA 98409
Attn: Brad Nelson, Robert Smith
Prepared by:
Marlene Meaders, Phil Bloch, Chris Cziesla, and Grant Novak
Confluence Environmental Company
October 16, 2015
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Page i
TABLE OF CONTENTS
1.0 INTRODUCTION ........................................................................................................... 1
2.0 METHODS ................................................................................................................... 4
2.1 Eelgrass Delineation ................................................................................................................... 4
2.1.1 Towed Video Surveys ......................................................................................................... 4
2.1.2 Snorkel-Based Surveys ....................................................................................................... 6
2.2 Depth of Culture ......................................................................................................................... 6
3.0 FINDINGS .................................................................................................................... 7
3.1 Native Eelgrass – BDN West Site ................................................................................................ 7
3.2 Native Eelgrass – BDN East/Smersh Site .................................................................................. 10
3.3 Depth of Culture ....................................................................................................................... 10
4.0 SUMMARY .................................................................................................................. 13
5.0 REFERENCES .............................................................................................................. 14
APPENDICES
A – Site Photos
B – Depth Measurement and Tidal Corrections
TABLES
Table 1 – Eelgrass Delineation Sites in Hood Canal, Washington ............................................................ 1
FIGURES
Figure 1 — Study Area Vicinity ................................................................................................................ 3
Figure 2 — Towed Video Transects at the BDN Sites in Hood Canal, Washington ................................... 5
Figure 3 — Eelgrass at the BDN West Site in Hood Canal, Washington ................................................... 9
Figure 4 — Eelgrass at the BDN East/Smersh Site in Hood Canal, Washington ..................................... 11
Figure 5 — Comparison with DNR SVMP monitoring observations at BDN East/Smersh Site in Hood
Canal, Washington ....................................................................................................... 12
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Page 1
BDN EELGRASS DELINEATION AND DEPTH OF CULTURE
SURVEY, HOOD CANAL, WASHINGTON
DRAFT
1.0 INTRODUCTION
This document summarizes an eelgrass (Zostera marina) delineation and depth of culture survey
conducted on September 4 and September 29, 2015, at an existing and proposed geoduck (Panopea
generosa) farm in Hood Canal, Washington (Figure 1). The existing and proposed farm areas are
currently owned and/or leased by BDN, LLC (BDN). An eelgrass delineation was performed by
Confluence Environmental Company (Confluence) at four sites west of the Hood Canal Bridge (Table 1).
Table 1 – Eelgrass Delineation Sites in Hood Canal, Washington
Site Tax Lot Parcels Intertidal Elevation
Range (ft MLLW)
Total Intertidal
Area (acre)
Proposed
Culture Area
(acre)
BDN West Site
821334078, 821334011,
821334076, 821334075,
821334074
+10.0 to -2.0 ft
MLLW 6.351 3.661
Former Washington
Shellfish Site 821334073 +10.0 to -2.0 ft
MLLW 5.32 2.23
Former Mocean
Shellfish Site 821334079 +10.7 to -2.0 ft
MLLW 0.74 0.565
BDN East/Smersh
Site 721031007 +10.7 to -2.0 ft
MLLW 8.33* 3.52*
MLLW = mean lower low water
+10.70 ft MLLW = mean higher high water (Lofall Datum Station ID 9445088)
1 As identified in MS&A 2013a,b
2 As identified in Washington Shellfish 2012
3 As identified in MS&A 2014
4 As identified in Ma 2012
5 As identified in Corps 2012
BDN previously commissioned an eelgrass delineation of these sites (MS&A 2013a,b, MS&A 2014). At
the BDN West Site, native eelgrass was identified predominantly from -1.9 feet (ft) to -2.9 ft mean
lower low water (MLLW), although individual native eelgrass shoots were identified as far up the beach
as -1.4 ft MLLW. In addition, Japanese eelgrass (Z. japonica) was a major component of the vegetation
throughout the intertidal zone. Japanese eelgrass covered intertidal habitat from -1.5 ft to above +2 ft
MLLW. At the former Washington Shellfish Site, native eelgrass was observed to extend to
approximately -1.8 ft MLLW with “a few blades” observed along multiple transects in areas otherwise
dominated by Japanese eelgrass (Z. japonica) between up to approximately +1.0 ft MLLW. Japanese
eelgrass was observed above approximately +1.8 feet MLLW, however in many transects there was a
gap of 50 or more linear feet between the observed native eelgrass bed and Japanese eelgrass
observations (MS&A 2014). At the BDN East/Smersh Site, native eelgrass was identified predominately
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BDN– Eelgrass Delineation and Culture Depth
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from -1.5 ft to -3.0 ft MLLW. Patchy Japanese eelgrass was observed from -1.5 ft to approximately +2 ft
MLLW.
During a July 1, 2015 site visit, the U.S. Army Corps of Engineers (Corps) noted a concern that the prior
eelgrass delineations performed in 2013 and 2014 did not appear to reflect current eelgrass conditions in
July 2015 and that they may have included inaccurate identification of native eelgrass (Z. marina) as
compared to Japanese eelgrass (Z. japonica). On July 30, 2015, the Corps requested new eelgrass surveys
for the following parcels: NWS-2013-1147 (Tjemsland lease), NWS-2013-1223 (BDN), NWS-2013-1223
(Garten lease), NWS-2013-1268 (Smersh), and NWS-2012-1210 (BDN -formerly Washington Shellfish). In
a separate letter dated September 4, 2015, the Corps expressed concern regarding planting on the
former Mocean Shellfish Site (NWS-2012-1099) within 10 horizontal feet of eelgrass and waterward of a
-1.5 tidal elevation, and requested information regarding prior work conducted on the site.
The two objectives of the eelgrass delineation performed on September 4 and September 29, 2015
were to identify the landward extent of the native eelgrass at the four BDN sites associated with the
proposed and existing geoduck culture (as identified in Table 1), and identify the depth of culture at the
former Mocean Shellfish Site.
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BDN– Eelgrass Delineation and Culture Depth Page 3 Figure 1 — Study Area Vicinity Log Item 39
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2.0 METHODS
The following sections provide a description of the methods used for the eelgrass delineation at the
BDN West Site, former Mocean Site, former Washington Shellfish Site, and BDN East/Smersh Site. In
addition, the methods used to determine the depth of culture at the former Mocean Shellfish Site is
also provided.
2.1 Eelgrass Delineation
Towed video and snorkel-based transects were used to identify the extent of native eelgrass in the
survey areas.
2.1.1 Towed Video Surveys
During the September 4, 2015 survey, a towed video system with integrated Global Positioning System
(GPS) was used to collect information about native eelgrass presence/absence. Towed video data were
collected in transects running perpendicular to the beach and spaced about every 45 feet (Figure 2). 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. The boat maintained a consistent speed and the video was
constantly monitored to confirm that it was close enough to the seafloor to determine vegetative
cover. Actual position of the boat was recorded at all times during the surveys.
A differential GPS (dGPS) with sub-meter accuracy was used to collect positions at one second intervals
during the towed video surveys. The clocks in the video GPS and dGPS were synchronized and the time
of each point was recorded to the nearest second. To aid mapping, a proprietary program created by
Confluence was used when reviewing the video to characterize presence/absence of native 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. The video mapping program was synched
with the video data through the video’s time stamp. The program allowed the reviewer to create
tabular records defining the habitat characterization at one second intervals as the video was being
viewed. These tabular data describing the vegetative cover, substrate material, relief, and complexity
were then joined, using the time stamp, to the dGPS positions thereby allowing the high quality
characterization of video that occurred in the office to be linked to the highly accurate dGPS positions
and video data collected in the field. This provided an accurate and efficient way to create eelgrass
delineation maps of the study areas.
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BDN– Eelgrass Delineation and Culture Depth Page 5 Figure 2 — Towed Video Transects at the BDN Sites in Hood Canal, Washington Log Item 39
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2.1.2 Snorkel-Based Surveys
During the September 29, 2015 survey, the edge of native eelgrass was confirmed using snorkel-based
surveys and a dGPS unit at the BDN East/Smersh Site. Because video interpolation has limitations in
terms of accurately depicting information between transects, 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:
Patchy = individual shoots or small patches of native eelgrass (typical of shoots migrating from
the main eelgrass bed).
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 identified below. Underwater video, using a GoPro® HERO4 camera, was
collected during the snorkel-based surveys.
2.2 Depth of Culture
Depth of culture was evaluated at the former Mocean Shellfish Site during the September 29, 2015
survey using the location of existing PVC tubes as a reference. Depth and time were collected at five
locations. These depth measurements were then corrected for tidal height using the predicted tide
levels at Lofall, WA (Station ID 9445088) and the difference between predicted and preliminary1 tide
levels at Port Townsend, WA (Station ID 9444900). There was no attempt to account for barometric
pressure, and the depth readings were collected from the side of the research vessel.
1 Note that verified data was not available as of October 12, 2015.
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3.0 FINDINGS
The following information is a summary of findings at the four sites in Hood Canal where an eelgrass
delineation and depth of culture survey was conducted. Approximately 17 transects were on or adjacent
to the BDN west site, 10 transects were on or adjacent to the former Washington Shellfish site and 5
transects are on or adjacent to the former Mocean site. A combined total of 26 video transects were
collected at the BDN West, former Mocean and former Washington Shellfish sites and 18 video
transects collected at the BDN East/Smersh Site (see Figure 2). The findings are divided by site and type
of survey.
Screen captures from the towed video camera are provided in Appendix A.
3.1 Native Eelgrass – BDN West Site, former Mocean Site and former
Washington Shellfish Site
Eelgrass at the BDN West Site was a mix of the native and Japanese eelgrass species (Figure 3). Eelgrass
zonation at this site was less distinct on visual inspection than typical Puget Sound or West Coast sites
(e.g., Shafer et al. 2008, Britton-Simmons et al. 2010, Ruesink et al. 2010). In addition, morphology was
not a dependable characteristic for identification. For example, length and width of blades gradually
become narrower and shorter with depth, rather than a distinct difference between the two species.
Even root structure (e.g., two roots at each node for Japanese eelgrass vs. clusters of roots at each node
for native eelgrass) was not straight-forward at this site.
Almost the entire intertidal area of the BDN West Site was covered in eelgrass (both Z. marina and Z.
japonica). The main native eelgrass bed was a fringe bed between -10 ft to -2 ft MLLW. Above this
elevation, native eelgrass and Japanese eelgrass were intermixed within a transition area between -2 ft
and -1.5 ft MLLW where there was a gradual shift in the dominance to Japanese eelgrass as the depth
became shallower. Native eelgrass remained present in small patches and individual shoots throughout
the lower intertidal up to the highest elevations surveyed by video (in excess of +1 ft MLLW). In
addition, above approximately -2 ft MLLW, eelgrass blades were extensively covered in epiphytes such
that many individual blades had a brownish appearance, making visual identification difficult. The
gradual transition of morphological characteristics made clear delineation of native and Japanese
eelgrass populations challenging from visual evidence alone. Therefore, we could not definitively
identify a landward boundary (using towed video methods) of where the native eelgrass ended and the
Japanese eelgrass began.
At the former Washington Shellfish Site, existing geoduck culture areas appear to be placed at higher
elevations than the primary native eelgrass (Z. marina) bed, however individual Zostera marina shoots
intermixed with Zostera japonica do occur in areas where culture operations are present. Culture
operations do not appear to influence the location of native eelgrass when tubes were present. These
observations are consistent with the August 11, 2014 survey of the site which reported “a few blades” of
native eelgrass present in some areas between -2.0 ft MLLW and +1.0 ft MLLW (MS&A 2014).
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At the former Mocean Site existing geoduck culture areas were found in areas where native eelgrass
shoots were present However, culture operations did not appear to influence the location of native
eelgrass when tubes were present. Information related to baseline conditions was not available, and so
it was not possible to determine whether these areas were colonized by eelgrass after tubes were
added or whether it existed prior to the installation of tubes. The only conclusion that can be made in
terms of the interaction between eelgrass and existing culture is that both eelgrass and geoduck
aquaculture coexist under current operations.
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Figure 3 — Eelgrass at the BDN West Site, Former Mocean Site, and Former Washington Shellfish
Site in Hood Canal, Washington
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3.2 Native Eelgrass – BDN East/Smersh Site
Eelgrass at the BDN East/Smersh Site followed typical zonation patterns identified throughout Puget
Sound and along the West Coast (e.g., Shafer et al. 2008, Britton-Simmons et al. 2010, Ruesink et al.
2010), where the native eelgrass occurred lower in the intertidal/subtidal (typically below -2 ft MLLW),
the Japanese eelgrass occurred higher (above -1.5 ft MLLW), and a relatively unvegetated zone
occurred between -2 ft and +2 ft MLLW (Figure 4). Additionally, the morphology of the two eelgrass
species was distinct, with smaller, shorter blades identifying the Japanese eelgrass and wider, longer
blades identifying the native eelgrass. This distinction between species was also confirmed by
evaluating eelgrass root structure, as described above. The native eelgrass occurred in two basic zones:
patchy and continuous. The patchy zone extended up to -1.5 ft MLLW and the continuous zone
occurred from -2 ft to -16 ft MLLW. This is in accordance with the prior surveys performed by Marine
Surveys and Assessments on the parcel.
Washington Department of Natural Resources (DNR) maintains an eelgrass monitoring location
adjacent to the BDN East/Smersh Site. The DNR site, HDC2518, is characterized as having a mix of
native and Japanese eelgrass. Washington DNR’s monitoring efforts were compared to the underwater
video monitoring described above for the BDN East/Smersh Site (Figure 5). There was good agreement
between the two surveys. Therefore, eelgrass bed depths described above are, in part, taken from
eelgrass observations made by Washington DNR in transects immediately adjacent to transects
observed in this study (DNR 2015).
3.3 Depth of Culture
The location of existing culture operations at the former Mocean Shellfish Site was identified by the
lower extent of culture tubes. The depth collected at these locations ranged from -1.2 ft to -1.9 ft MLLW
(or an average of -1.5±0.3 ft MLLW). While this estimate is more accurate than a visual survey during a
low tide event, it does not represent the level of accuracy that a land-based survey tied to the nearest
monument can obtain. For example, tidal corrections between observed and predicted tides at the
reference site (Port Townsend) suggest that predicted tides may be under or over estimated by 0.3 feet.
The calculations associated with the depth of culture is provided in Appendix B.
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Figure 4 — Eelgrass at the BDN East/Smersh Site in Hood Canal, Washington
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Figure 5 — Comparison with DNR SVMP monitoring observations at BDN East/Smersh Site in Hood
Canal, Washington
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4.0 SUMMARY
This report addresses the potential concerns raised by the Corps raised during its July 1, 2015 visit and
July 30, 2015 and September 4, 2015 letters.
A distinct native eelgrass bed was identified at the BDN East/Smersh Site with only minor overlap of
Japanese eelgrass within the native eelgrass zone. There was a clear transition between the two species
at this site, and the majority of intertidal habitat beyond the native eelgrass boundary was unvegetated
habitat. The upper extent of native eelgrass was between -2 and -1.5 ft MLLW. Conversely, at the BDN
West Site, the transition between native eelgrass and Japanese eelgrass was gradual with a number of
locations where mixing occurred between the two species. There was no clear break where native
eelgrass ended and non-native Japanese eelgrass started at this site.
At the Former Washington Shellfish Site, there was evidence that geoduck clams are located in areas
that currently have native eelgrass. The presence of tubes does not appear to restrict native eelgrass
presence. While there is no way to determine, based on the information collected, whether geoduck
clams were originally planted in native eelgrass, both native eelgrass and geoduck culture appear to be
able to coexist.
The elevations at which culture tubes were present in the former Mocean Shellfish Site was estimated
to be -1.5±0.3 ft MLLW, which is approximately where the culture was proposed based on the hand-
drawn map provided by Mocean Shellfish, Inc. in their application materials and Corps permit.
Although, no clear indication of where planting would occur was provided in the permit, other than
newly positioned shellfish2 would be 10 ft from native eelgrass and higher than a -2 ft MLLW tidal
elevation. While the method used to determine depth of planting is more accurate than a visual survey,
the only way to determine the exact elevation of this culture area is to conduct a land survey of the
area.
2 “Newly positioned shellfish” is defined as shellfish being placed within a portion of the project area where
aquaculture was not located and had not previously occurred as of the date the permit was issued. Log Item 39
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5.0 REFERENCES
Britton-Simmons, K.H., S. Wyllie-Echeverria, E.K. Day, K.P. Booth, K. Cartwright, S. Flores, C.C. Garcia,
T.L. Higgins, C. Montanez, A. Rames, K.M. Welch, and V. Wyllie-Echeverria. 2010. Distribution
and performance of the nonnative seagrass Zostera japonica across a tidal height gradient on
Shaw Island, Washington. Pacific Science 64(2):187-198.
Corps (U.S. Army Corps of Engineers). 2012. NWS-2012-1099: Mocean Shellfish, Inc. Department of the
Army, Seattle District, Corps of Engineers, Seattle, Washington. November 2, 2012.
DNR (Washington Department of Natural Resources) 2015. Eelgrass Monitoring GIS Database accessed
at http://www.dnr.wa.gov/programs-and-services/aquatics/aquatic-science/nearshore-habitat-
eelgrass-monitoring on October 12, 2015.
Ma, C. 2012. Nationwide Permit 48 Pre-Construction Notification Form for Existing Commercial
Shellfish Activities, Renton, Washington. September 15, 2012.
MS&A (Marine Surveys & Assessments). 2013a. BDN LLC Geoduck Aquaculture Project: Biological
Evaluation. Marine Surveys & Assessments, Port Townsend, Washington. October 23, 2013.
MS&A. 2013b. BDN LLC/Smersh Geoduck Aquaculture Project: Biological Evaluation. Marine Surveys &
Assessments, Port Townsend, Washington. October 28, 2013.
MS&A. 2014. Technical Memorandum: Methodology for Eelgrass and Macroalgae Surveys for BDN
LLC’s formerly McRae Parcel. Marine Surveys & Assessments, Port Townsend, Washington,
October 31, 2014.
Ruesink, J.L., J. Hong, L. Wisehart, S.D. Hacker, B.R. Dumbauld, M. Hessing-Lewis, and A.C. Trimble.
2010. Congener comparison of native (Zostera marina) and introduced (Z. japonica) eelgrass at
multiple scales within a Pacific Northwest estuary. Biol Invasions 12:1773-1789.
Shafer, D.J., S. Wyllie-Echeverria, and T.D. Sherman. 2008. The potential role of climate in the
distribution and zonation of the introduced seagrass Zostera japonica in North America. Aquatic
Botany 89:297-302.
Washington Shellfish Inc. 2012. Nationwide Permit 48 Pre-Construction Notification Form for Existing
Commercial Shellfish Activities, Gig Harbor, Washington. November 5, 2012.
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Appendix A
Site Photos
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BDN Eelgrass: Appendix A
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Photo 1 – Continuous native eelgrass (Zostera marina) at the BDN West Site (Transect 6).
Photo 2 – Continuous native eelgrass (Zostera marina) at the BDN West Site (Transect 24).
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BDN Eelgrass: Appendix A
Page A-2
Photo 3 – Possible mixed populations of native eelgrass (Zostera marina) and Japanese
eelgrass (Z. japonica) at the BDN West Site (Transect 16).
Photo 4 –Possible mixed populations of native eelgrass (Zostera marina) and Japanese
eelgrass (Z. japonica) at the BDN West Site (Transect 18).
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BDN Eelgrass: Appendix A
Page A-3
Photo 5 –Upper elevation edge within the patchy native eelgrass (Zostera marina) zone at
the BDN East/Smersh Site (Transect 28).
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Page A-4
Photo 6 –Patchy Japanese eelgrass (Zostera japonica) at the BDN East/Smersh Site (Transect
28).
Photo 7 –Unvegetated habitat at the BDN East/Smersh Site above -2 ft MLLW (Transect 44).
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BDN Eelgrass: Appendix A
Page A-5
Photo 8 –Continuous native eelgrass (Zostera marina) bed at the BDN East/Smersh Site with
clear unvegetated break landward of the bed (Transect 38).
Photo 9 –Japanese eelgrass bed (Zostera japonica) at the BDN East/Smersh Site (Transect
39).
Photo 10 –Example of geoduck culture tubes in Japanese eelgrass bed (Zostera japonica) at the former
Washington Shellfish (Transect 26).
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Appendix B
Depth Measurements and
Tidal Corrections
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Page B-1
Station ID# 9445088 (Lofall, WA)
Tide Predictions:
Date Day Time Hgt
9/29/2015 Tue 6:10 AM 10.88 H
9/29/2015 Tue 12:12 PM 2.13 L
9/29/2015 Tue 6:07 PM 11.35 H
Station ID# 9444900 Port Townsend, WA
Predicted vs. Preliminary
Date
Time
(LST/LDT)
Predicted
(ft)
Preliminary
(ft)
Difference
(ft)
Tide at
Lofall (ft)
Depth at
Site (ft) Notes
9/29/2015 10:36 2.6 2.6 0.1 3.0
9/29/2015 10:42 2.5 2.6 0.1 3.0 Low for Port
Townsend, WA
9/29/2015 10:48 2.5 2.6 0.2 2.9
9/29/2015 10:54 2.4 2.6 0.2 2.9
9/29/2015 11:00 2.4 2.6 0.3 2.9
9/29/2015 11:06 2.4 2.7 0.3 2.9
9/29/2015 11:12 2.4 2.7 0.3 2.8
9/29/2015 11:18 2.4 2.7 0.3 2.8
9/29/2015 11:24 2.4 2.7 0.4 2.8
9/29/2015 11:30 2.4 2.7 0.3 2.8
9/29/2015 11:36 2.4 2.8 0.3 2.8
9/29/2015 11:42 2.5 2.8 0.3 2.8
9/29/2015 11:48 2.5 2.8 0.3 2.7
9/29/2015 11:54 2.6 2.9 0.3 2.7
9/29/2015 12:00 2.6 2.9 0.3 2.7
9/29/2015 12:06 2.7 3.0 0.3 2.6
9/29/2015 12:12 2.8 3.1 0.3 2.4 2.13 ft = Low for
Lofall, WA
9/29/2015 12:18 2.9 3.2 0.3 2.5
9/29/2015 12:24 3.0 3.3 0.3 2.6
9/29/2015 12:30 3.0 3.4 0.3 2.7 1.9 Depth = 56"
9/29/2015 12:36 3.1 3.5 0.3 2.8
9/29/2015 12:42 3.2 3.6 0.3 2.9 1.7 Depth = 57"
9/29/2015 12:48 3.4 3.7 0.3 3.0
9/29/2015 12:54 3.5 3.8 0.3 3.1 1.5 Depth = 53"
9/29/2015 13:00 3.6 3.9 0.3 3.3
9/29/2015 13:06 3.7 4.0 0.3 3.4 1.3 Depth = 53"
9/29/2015 13:12 3.8 4.1 0.3 3.5 1.2 Depth = 54"
9/29/2015 13:18 3.9 4.2 0.3 3.6
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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.
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Figure 1. Comparison of 2016 and 2018 Native Eelgrass Bed Edge.
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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
May 07 2021
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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
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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
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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.
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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
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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 39
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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
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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.
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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 39
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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.
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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
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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
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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
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Appendix A
Visual Assessment Workbook
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Appendix B
Photos
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SMERSH FARM VISUAL ASSESSMENT – 2018 Appendix B: Photos October 2019 Page 1 Photo Index - Numbers correspond to the photo numbers in the following appendix. Arrows indicate the viewing direction of the photo. Log Item 39 Page 129 of 561
Smersh Farm Visual Assessment – Appendix B: Photos
Page 2 October 2019
Photo 1 — View of proposed geoduck planting area from neighboring public boat ramp. Orange
boundary is approximate location of proposed geoduck.
Photo 2 — View of proposed geoduck planting area from western property boundary looking
east.
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Photo 3 — View of proposed geoduck planting area looking east from neighboring public boat
ramp.
Photo 4 — View from residential driveway approximately 1000 feet north of proposed geoduck
planting area.
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Photo 5 — View from residential driveway approximately 500 feet north of proposed geoduck
planting area.
Photo 6 — View from Shine Road approximately 400 feet northeast of proposed geoduck
planting area. Note boat that is also visible in phots 1-3.
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Photo 7 — View from approximately 1500 feet east of proposed geoduck planting area from
Shine Road looking in direction of farm. This view is typical of most residences in the area. The
high bluff blocks views of the proposed aquaculture. This photo was taken at low tide but no
exposed beach is visible.
Photo 8 — View from approximately 1500 feet east of proposed geoduck planting area from
Shine Road looking in direction of farm. This view is typical of most residences in the area. The
high bluff blocks views of the proposed aquaculture. This photo was taken at low tide but no
exposed beach is visible. Log Item 39
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Photo 9 — View of active geoduck farm from Shine Road. Looking to east during low tide.
Photo 10 — View of active geoduck farm from Shine Road. Looking to west during low tide.
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Smersh Farm Visual Assessment – Appendix B: Photos October 2019 Page 7 Photo 11 — Houses with line-of-sight visibility to center of proposed aquaculture (approximately +1 feet MLLW). Orange circles indicate residences that may be able to see the farm when tides are low enough. Photo taken at 12:10pm on April 18, 2018. Tidal elevation approximately -0.35 feet MLLW. Photo 12 — Houses with line-of-sight visibility to lower margin of proposed aquaculture (approximately -2 feet MLLW). Orange circles indicate residences that may be able to see the farm when tides are low enough. Photo taken at 12:12pm on April 18, 2018. Tidal elevation approximately -0.34 feet MLLW. Log Item 39 Page 135 of 561
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Photo 13 — Example of PVC geoduck tubes colonized by natural flora and fauna within months
of installation. Note scoters diving to feed on attached organisms. Note that PVC tubes are not
planned for this project but colonization of mesh tubes by native organisms is expected to be
similar for this project.
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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
May 07 2021
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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
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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
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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 39
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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
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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.
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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
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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
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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).
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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.
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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
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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).
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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.
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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.
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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.
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BDN Supplemental Cumulative Impacts Report
April 2021 – Page 1
BDN Inc.
SUPPLEMENTAL SMERSH FARM CUMULATIVE
IMPACTS REPORT
Prepared for:
BDN Inc.
3011 S. Chandler St.
Tacoma, WA 98409
Attn: Brad Nelson
Authored by: Kenneth A. Sheppard
April 2021
1.0 CUMULATIVE EFFECTS FROM NEARBY CURRENT PROJECTS AND REASONABLY
FORESEEABLE FUTURE PROJECTS.
Conditional use permits require that consideration be given to the cumulative impact of additional
requests for like actions in the area. The total impact of a proposal and like proposals should remain consistent
with the policies of the Jefferson County Shoreline Master Program (“SMP”) and should not produce
substantial adverse effects to the shoreline environment.
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))
1.0.1 Other existing nearby projects
On October 2, 2019, BDN submitted to the U.S. Army Corps of Engineers, Seattle District,
(“USACE”) a request for information concerning all USACE approved aquaculture projects within a 5
mile linear shoreline distance from either direction of the reference BDN project NWS-2013-1268.
This request was assigned FOIA number FA-20-002. On October 31, 2019, and December 3, 2019
the USACE responded with materials identifying the following projects:
1.0.1.1 Former Washington Shellfish Farm (821334073). USACE Reference NWS-2017-
230. This parcel is a bit less than ½ mile to the west of the proposed project. BDN acquired this
parcel in 2014, which was associated with an existing geoduck farm operated by Washington Shellfish
for several years and then operated by BDN pursuant to a lease from Washington Shellfish starting in
May 07 2021
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2013. Washington Shellfish had applied for coverage under the 2012 Nationwide Permit 48 for
existing shellfish farms in October 2012 (NWS-2012-1210), and the Corps had confirmed such
coverage. BDN applied for continuing coverage under the 2017 NEP 48,and on August 22, 2017 the
USACE confirmed this coverage, and confirmed that BDN could continue to farm the parcel within
the existing footprint previously farmed by Washington Shellfish. Similar to the current Smersh
parcel, the Corps required updated eelgrass maps. By letter dated September 14, 2017, the Jefferson
County Department of Community Development (“JCDCD”) confirmed that the proposed continuing
operations at this location had not expanded so as to require a County Conditional Use Permit. (See
Appendix A)
1.0.1.2 BDN Parcel (821334011). USACE Reference NWS-2017-230. This parcel is a bit
less than ½ mile to the west of the proposed project, and is adjacent to the west side of the property
referenced in 1.0.1.1 above. BDN submitted its Corps application for this parcel at the same time as
the Corps application for the current Smersh parcel. Farming on this parcel was approved by the
Corps on August 22, 2017, and by letter dated September 14, 2017, the JCDCD confirmed that the
proposed continuing operations at this location had not expanded so as to require a County
Conditional Use Permit. (See Appendix A)
1.0.1.3 Former Mocean Shellfish Farm (821334079). USACE Reference NWS-2017-230.
This parcel is a bit less than ½ mile to the west of the proposed project, and is adjacent to the west
side of the property referenced in 1.0.1.2 above. BDN acquired this parcel in 2014, which was
associated with an existing geoduck farm operated by Mocean Shellfish. The parcel was approved by
the Corps for geoduck cultivation in 2012 pursuant to Corps approval NWS-2012-1099. The parcel
was reverified by the Corps under Nationwide Permit 48 on August 22, 2017, and by letter dated
September 14, 2017, the JCDCD confirmed that the proposed continuing operations at this location
had not expanded so as to require a County Conditional Use Permit. (See Appendix A)
1.0.1.4 Rock Point Oyster Co. (721092001, 003). USACE Reference NWS-2010-1039. This
project is located at Case Shoal, about 3.5 miles by shoreline from the BDN proposed Smersh project.
While its primary activity is bottom cultivation of Pacific oysters and Manila clams, and of Pacific
and Kumamoto oysters in flip bags on longlines and trays, the permit includes permission to cultivate
up to 7.35 acres of geoducks on a 48 acre site in Thorndyke Bay. Farming on this parcel was approved
by the Corps on August 18, 2017. However, as per telephone conference of the author with Mr. David
Steele of Rock Point Oyster Co. on December 23, 2019, only one acre of the potential geoduck
planting area has been found to be suitable for commercial geoduck cultivation, and it is anticipated
that about ¼ acre of geoducks will be harvested each year going forward. This project is visually and
geographically isolated from that of applicant, being 3.5 miles by shoreline from the BDN proposed
Smersh project. There is no physical or aesthetic interaction between these projects at all, and thus no
cumulative impact results from their co-existence and simultaneous operation. (See Appendix B)
1.0.1.5 Deep Blue Seafood (721194010). USACE Reference NWS-2007-1152. This project
is located at Thorndyke Bay, about 5 miles by shoreline from the BDN proposed Smersh project. The
permit is to cultivate 3.8 acres of geoducks on a 6 acre site in Thorndyke Bay, with 2 acres of active
cultivation, approximately 2 acres of fallow tidelands, and 2 acres with no aquaculture. Farming on
this parcel was approved by the Corps on August 18, 2017. As per telephone conference of the author
with Mr. Jim Smith of Deep Blue Sea, LLC on December 23, 2019, less than two acres is currently
planted in geoducks. This project is visually and geographically isolated from that of applicant, being
three miles away at Thorndyke Bay. There is no physical or aesthetic interaction between these
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projects at all, and thus no cumulative impact results from their co-existence and simultaneous
operation. (See Appendix C.)
1.0.1.6 Set & Drift LLC (954600122, 123). USACE Reference NWS-2015-568. This project
is located in Thorndyke Bay, about 5 miles by shoreline from the BDN proposed Smersh project. It
was approved by the Corps for the cultivation of up to 2.36 acres of a 3.5 acre project area with on-
bottom Manila clam and Pacific oysters in bags, harvested by hand, and installation of geoduck grow-
out equipment, but no planting of geoduck seed, on a 15’x15’ geoduck test tube plot. Farming on this
parcel was approved by the Corps on March 14, 2017. This project is visually and geographically
isolated from that of applicant, being three miles away at Thorndyke Bay. The presence of a 15’ x15’
geoduck tube test plot, containing no geoducks, is miniscule and insignificant. There is no physical or
aesthetic interaction between these projects at all, and thus no cumulative impact results from their co-
existence and simultaneous operation. (See Appendix D.)
1.0.1.7 Hood Canal Mariculture Project. USACE Reference NWS-2008-502. This project is
operated by Hood Canal Mariculture, Inc., and is a floating farm located at Hood Head, about 3 miles
from the subject project to the east of the Hood Canal Bridge. It primarily grows seaweed on
suspended cultivation lines located over 2.64 acres of aquatic lands leased from the Washington
Department of Natural Resources (Lease #20-B12535). There is some associated mussel and oyster
production, also using suspended bags or trays. This project is visually and geographically isolated
from that of applicant, being three miles away at Hood Head. There is no physical or aesthetic
interaction between these projects at all, and thus no cumulative impact results from their co-existence
and simultaneous operation. (See Appendix E.)
1.0.2 Potential future nearby projects
1.0.2.1 Garten and Tjemsland Parcels (821334078, 821334075, 821334074, and 821334076).
BDN submitted its Corps application for these parcels at the same time as the Smersh parcel. The
Corps reference numbers are NWS-2013-1147 and NWS-2013-1223. These have not been approved
by the Corps for planting. BDN currently has no plans to seek approval of the Corps or County to
conduct any activities on these parcels, and could not do so without obtaining all necessary Corps or
County approvals.
1.0.2.2. Other pending or approved applications before Corps of Engineers. On November 4,
2019, BDN submitted to the U.S. Army Corps of Engineers, Seattle District, (“USACE”) a request for
information concerning all submitted and pending applications before the USACE for aquaculture
projects within a 5 mile linear shoreline distance from either direction of the reference BDN project
NWS-2013-1268. This request was assigned FOIA number FA-20-023. On December 10, 2019 the
USACE responded by letter indicating that there are no pending applications. (See Appendix F.)
1.0.2.3. Other pending or approved applications before Jefferson County. It is our
understanding that there are currently no applications pending before Jefferson County for any similar
aquaculture projects within a 5 mile shoreline miles of the Smersh project, and that no county permits
have been granted for any other similar nearby projects that have yet to be constructed.
1.0.3 Cumulative Impacts Analysis.
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As noted above, The Jefferson County SMP defines “Cumulative impacts” or “cumulative
effects” as applying only to impacts of reasonably foreseeable future development actions. (JCC
18.25.100(3)(aa)). The SMP then defines “Reasonably foreseeable” as projects “predictable by an
average person based on existing conditions, anticipated build-out, and approved/pending permits.’
(emphasis supplied.)( JCC 18.25.100(18)(d)). It is BDN’s position that this analysis of the BDN
projects and the projects identified in 1.0.1 and 1.0.2 above satisfy this requirement, since there are no
known additional pending applications before either the Corps of Engineers or Jefferson County. All
of these projects are addressed below so as to demonstrate that their cumulative impacts will not
produce substantial adverse effects to the shoreline environment.
1.0.3.1 Seattle District Corps of Engineers Approval of the Cumulative Impacts of the
Relevant Projects. Aquaculture projects are required to secure permits from the U.S. Army Corps of
Engineers (COE) in addition to permits required by other state or local government agencies. NWP
48 is the nationwide permit developed by the Corps for Commercial Shellfish Aquaculture Activities.
In connection with NWP 48, the Corps developed a Programmatic Biological Assessment (PBA),
which includes Programmatic Biological Opinions (PBOs) produced by the National Marine Fisheries
Service and the U.S. Fish and Wildlife Service. These PBO’s focus on impacts to listed species,
critical habitat, and essential fish habitat (including eelgrass and forage fish), and are based on current
baseline conditions and projected future shellfish activities in Washington waters. Effects regarding
water quality, substrate and sediments, vegetation, benthic community, fish and birds, contaminants,
and noise are examined in these PBO’s. The language in the National Decision Document
Determinations also found generally that ‘...the issuance of this NWP will…result in no more than
minimal individual and cumulative adverse effects on the aquatic environment." (Decision Document,
Nationwide Permit 48, December 21, 2016, pp 73-74)
1.0.3.1.2 Effect of Recent Ruling in The Coalition to Protect Puget Sound Habitat, v.
U.S. Army Corps of Engineers. Recently the Federal District Court, Western District of Washington
reviewed the Corps of Engineers administration of its Nationwide Permit 48 in the case of The
Coalition to Protect Puget Sound Habitat, v. U.S. Army Corps of Engineers re , Case No 2:16-CV-
00950, and 2:17-CV-1209. The court issued a ruling that found NWP 48 to be deficient in that it
made nationwide generalized conclusions that all aquaculture activities meeting its general standards
would have no cumulative impact on the environment in the areas of permitted activity. (Appendix
H.) In particular, the court noted that while it “does not intend to suggest, and is not suggesting, that
the general terms and conditions imposed on a nationwide, regional, or state permit cannot be relevant
to and supportive of a finding of minimal impact,…[t]hey are simply too general to be the primary
“data” on which the agency relies when evaluating the impacts of the permitted activities.” (P.17)
The court then went on to hold that “The Corps must analyze the individual and cumulative
impacts of the proposed activity against the environmental baseline”, (P.15), and that while NWP 48
allowed for the potential imposition at the District level of additional conditions or restrictions, it did
not require that this take place:
“The problems here are that the Corps’ [nationwide] minimal impact determinations
were entirely conclusory and the regional conditions that it assumed would minimize
impacts were not in place at the time NWP 48 was adopted. The record is devoid of
any indication that the Corps considered regional data, catalogued the species in and
characteristics of the aquatic environments in which commercial shellfish aquaculture
activities occur, considered the myriad techniques, equipment, and materials used in
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shellfish aquaculture, attempted to quantify the impacts the permitted activity would
likely have on the identified species and characteristics, or evaluated the impacts of the
as-yet-unknown regional conditions.” P.18
In particular the court was concerned that there was no individual project analysis required under
NWP 48 for the effects of projects on seagrass in particular: “In some cases, such as when nets are
placed over planted clam beds, any eelgrass is likely to be permanently smothered and not recover.
This is because of the permanence of the nets, which are only removed between harvest and the next
planting cycle.” P.12. The court was also concerned that there would be no individual analysis
required for such things as pesticides (“Having eschewed any attempt to describe the uses of
pesticides in commercial shellfish aquaculture or to analyze their likely environmental impacts, the
decision to permit such activities through NWP 48 cannot stand.” P. 16) or plastics (“The Corps…
relies on the fact that ‘[d]ivision engineers can impose regional conditions to address the use of
plastics’ in response to these concerns.”)
As can be seen below, the materials submitted with the BDN application demonstrate that the
Seattle District Office of the Corps actually did make the exact detailed individual analysis of each of
these issues raised by the Coalition to Protect Puget Sound Habitat court in its decision. No
operations in native eelgrass areas were permitted, and a gear management plan was required to
control possible plastics pollution. Moreover, no use of nets or pesticides are proposed under the
BDN operations plan.
1.0.4 Individualized Cumulative Impacts Analysis
1.0.4.1 Cumulative Impact of Addition of Smersh Project on Hood Canal Generally. Hood
Canal has 342.6 kilometers (212.9 mi) of shoreline and 42.4 square kilometers (about 10,500 acres) of
tidelands. (Chapter 3 of the State of the Nearshore Report, King County Department of Natural
Resources, Seattle, Washington, 2001) The addition of 5.15 acres of geoduck aquaculture along an
additional 600 feet of Hood Canal would impact less than 1/20th of 1% of Hood Canal tidelands
acreage, and a bit more than the same 1/20th of 1% of Hood Canal shoreline. Thus on a quantitative
basis, the cumulative impact of the proposed project is tiny.
1.0.4.2 Cumulative Impact of Addition of Smersh Project on All Existing Permitted Projects
Within Five Shoreline Miles. The cumulative cultivated area of all of the existing aquaculture
projects within five shoreline miles of the proposed project is 11.02 acres, or less than 1/9th of 1% of
Hood Canal tidelands, and .0006857% (a bit more than 1/15th of 1%) of Hood Canal shoreline.
Adding the Smersh project to this total brings the cumulative impact of all of these operations to
.00154% (less than 1/6 of 1%) of Hood Canal acreage, and .00116% (less than 1/8th of 1%) of Hood
Canal shoreline. Thus, even on a more local level that specifically considers all other existing nearby
aquaculture projects, adding the Smersh project makes no significant impact on the tiny overall
percentage of Hood Canal acreage and shoreline devoted to aquaculture.
1.0.4.3 Cumulative Impact of Addition of Smersh Project on All Existing Permitted Jefferson
County Projects Beyond Five Shoreline Miles. Appendix I is a listing of applications to or approvals
granted by the Corps of Engineers for aquaculture projects located anywhere in Jefferson County
between 2007 and 2016. This listing was obtained from official court records for the case of The
Coalition to Protect Puget Sound Habitat, v. U.S. Army Corps of Engineers, Case No 2:16-CV-00950,
pending in the Federal District Court, Western District of Washington. It includes the BDN proposed
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project. This list contains projects involving 85.95 acres of Jefferson County tidelands. What this
demonstrates is that in the 9 year period between 2007 and 2016, permits were granted by the USACE
affecting less than 1% of all Jefferson County tidelands. There is simply no evidence of explosive or
dramatic cumulative growth of Jefferson County aquaculture projects in general, and geoduck related
projects have been a small percentage of even those approved aquaculture activities.
1.0.4.4 Possible Cumulative Impact of All Pending Aquaculture Applications. BDN has no
current plans to seek a CUP for the Garten and Tjemsland projects, thus there are no applications
pending. Therefore, because there are no “anticipated build-out, and approved/pending permits” for
these parcels, they should not be included in the cumulative impacts analysis under JCC
18.25.100(18)(d). Even if they were included in the analysis, they would increase the acreage and
shoreline impact numbers by .00027%, a miniscule amount.
The Corps of Engineers indicates there are no pending applications for aquaculture operations
within five shoreline miles of the Smersh project (See Appendix F.) Thus, there are no “foreseeable
future actions” to be included in this cumulative impacts analysis under JCC 18.25.1009(3)(aa).
1.0.4.5 Potential future construction of residential in-water or over water appurtenant
structures. There is no planned construction by BDN of in-water or over water appurtenant structures
connected with the Project. Since all placement of any materials in or over the project will be on
private tidelands entirely owned by applicant, such activity would not impact construction of in-water
or over water appurtenant structures by any adjacent property owners, to the extent that those property
owners could otherwise meet the applicable permit requirements for such construction.
1.0.4.6 Cumulative Biological Impact. In order for there to be substantial negative
cumulative biological effects of the proposed project, there must be some significant demonstrated
negative biological effect or effects flowing from it that can be cumulated with known or potential
negative biological effects from other projects or sources. However, an objective consideration of the
Biological Evaluation previously submitted with the application for the Smersh project simply does
not support a conclusion of any significant negative biological effects of the proposed project.
The biological area of most concern to the COE has been eelgrass impact, and this has also
been raised in discussions and contacts with the JCDCD. The multiple, detailed eelgrass surveys and
analysis, coupled with the USACE requirement that no geoduck plantings take place in or near
existing eelgrass beds, shows that this cannot realistically be a cumulative biological impact concern.
The same is true as to fish and other marine organisms. There appears to be no realistic
substantial negative impact on species at or near the project site. Simply voicing concerns that some
type of biological impact might occur from the project is not a proper basis to conclude a negative
cumulative biological impact from the project within the meaning of JCC 18.25.100.
1.0.4.7 Cumulative Marine, Vehicle and Pedestrian Impact.
The project will not impede marine traffic at any time. Whenever the water is of sufficient
depth in the surrounding areas for small boat traffic, those vessels will be able to traverse the planted
tract area freely. The minimal use of vessels by BDN is addressed in the previously submitted
annotated site plan (BDN004R). This tiny additional vessel usage will have minimal cumulative
impact the area environment.
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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 few additional vehicle trips and parking activities as
described in the annotated site plan (BDN004R10-20) 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 non-public area parking will be provided for all beach
workers as necessary.
The cumulative impact on the use of W.R. Hicks County Park for recreational purposes is also
de minimis (See BDN004R10-20, Paragraph 3.) There will be no significant interference of any kind
with public use of the park at any time.
The existence of the Smersh project, both by itself and in conjunction with the other nearby
BDN project, will have no substantial cumulative impact on pedestrian traffic along the area tidelands.
A 50’ to 100’ wide strip of beach and tidelands at the north edge of both projects will remain
undisturbed, and if the tide is out far enough to expose the planted areas, this strip will also be
exposed and available for pedestrian traffic across the area of both projects. A beach walker crossing
these private property areas might at worst have to alter their walking path slightly to go around the
planted areas instead of over them.
1.0.4.8 Cumulative Visual Effects.
Visual effects are similarly minimal, with the planned PVC tubes visible in the upper margins
of the geoduck planting area a maximum of 16% of any single month and the entire planted area
visible a maximum of only 2% of any month (Smersh Farm Visual Assessment, Page 7.) Since PVC
tubes will be present for only 2 years during a 6-7 year planting/harvest cycle (JARPA, Page 6), the
period of visual impact would be only .0066% , or 2/3 of 1% of that period. Again, this is a minimal
cumulative visual impact.
Similarly, harvest and beach maintenance activities will be visible to neighboring residents
only for a limited time. Planting will take place over a period of 20-25 days, and harvesting activities
will take place about 5 hours per day, averaging 3-4 harvest days per week during the one to two year
harvest period. So for 84-98% of the time during the 6-7 year harvest cycle, there will be no PVC
tubes visible at all, even at low or minus tides, and on most days during that cycle there will be no
planting or harvesting activities at all.
The Smersh Project is located about 2000 feet to the east of the existing BDN farm project.
There are at most 25 homes between the two projects that might conceivably be able to see both
projects simultaneously. But as can be seen from photos 9 and 10 of the previously submitted June
2018 Visual Impacts Assessment, even at a distance of a few hundred feet, the project is barely visible
because the tubes extend only a few inches above the sand. As can also be seen from Photos 11 and
12, there are at most twenty houses that will be able to see the Smersh project at all. Thus, the
construction of the Smersh project will have a cumulative visual impact on perhaps twenty to twenty
five area homes by adding an additional geoduck farm that is theoretically visible from those
properties, but which in fact is barely visible at all, even to nearby homes.
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The tubes on the Smersh project will only be visible for 2-16% of the time. This is also true
of the existing BDN project. So tubes will exist on one farm or the other for at most 32% of the time.
There are at most ten homes that could realistically see both projects at once, and those homes would
be distant enough from one or both projects that someone would be barely able to distinguish the
tubes on either project from those homes during the maximum 32% of the time that tubes would be in
place on either project.
So the cumulative visual impact of the Smersh project would at most affect 25 adjacent
properties 32% of the time, and the nature of that visual impact would be minimal. By far the
dominant visual impact on the area is from the busy Shine Road highway, which adds far more visual
disruption and noise from its 24-hour-per-day, seven-days-per-week visual and noise impact than the
tiny cumulative visual impact of 6” diameter tubes (which are quickly covered with natural colored
algae) sticking up from the sand a few inches on both the existing BDN and proposed Smersh project.
1.0.4.9 Cumulative Debris, Plastics, and Chemical Impact.
1.0.4.9.1 Debris. Non-secured gear and equipment will be removed from the
farm area when crews are not present. The PVC tubes that will be used on the project are, based on
current BDN experience, not likely to come loose from their insertion points due to wave action.
While the tubes may be pushed out by maturing geoducks, area tidal currents do not typically carry
them off of BDN property. BDN will implement the following comprehensive program to deal with
any dislodged tubes or debris as follows:
A. Geoduck PVC tubes will be marked to identify ownership,
including an appropriate contact number. This does not apply to planted gear. All gear installed in the
project area will be kept neat and secure.
B. Beaches within one-half mile of the farm will be patrolled by
BDN on a weekly basis and within a day following a severe storm event. Any observed geoduck farm
gear or equipment will be retrieved regardless of its source and will either be repaired and placed back
into service or properly disposed of. If more than 20 PVC tubes are observed to have escaped from
the project area, upon discovery BDN will immediately contact the U.S. Army Corps of Engineers,
Seattle District, Regulatory Branch ("Corps"). Upon notification, BDN will initiate actions to secure
any untethered gear and resolve any navigational hazards, as appropriate, and will initiate an
emergency inspection to document the incident and determine the cause of the failure (e.g.storm
conditions, etc.).
C. BDN will conduct semiannual cleanups in Squamish Harbor in
coordination with other interested parties or organizations, and will conduct an annual diver survey of
its farmed parcels and adjacent parcels, including photo and/or video documentation each parcel's
appearance. BDN will have a full-time manager living nearby the farm to quickly respond to potential
farm issues and implement the above maintenance tasks. The farm manager will maintain a log book
of all such gear management activities.
The BDN Gear Management Plan goes well beyond what was required by the Corps under
NWP 48, which required only that beaches be patrolled once every three months to retrieve
aquaculture debris that escaped from the Project area. The Shorelines Hearings Board has also
determined that monthly beach patrols of the type proposed by BDN adequately mitigate concerns
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associated with marine debris. See Coalition to Protect Puget Sound Habitat v. Pierce County, et al.,
SHB No. 14-024, Findings of Fact, Conclusions of Law, and Order (May 15, 2015)("Longbranch"),
Findings of Fact 41-47; Coalition to Protect Puget Sound Habitat v. Thurston County, et al., SHB No.
l 3-006c, Findings of Fact, Conclusions of Law, and Order (Oct. 11, 2013), Findings of Fact 37-38;
Coalition to Protect Puget Sound Habitat v. Pierce County, et al., SHB No. 11-0 l 9, Findings of Fact,
Conclusions of Law, and Order (July 13, 2012), findings of Fact 10.
Thus, the immediate and cumulative impact of debris from the project on the surrounding
environment will be minimal. There are no other nearby similar projects that are situated such that
any gear or materials released from them would be carried to nearby areas in such a way as to overlap
with the any materials released from the proposed project. Thus there will be no cumulative debris
impact from the proposed project on nearby areas.
1.0.4.9.2 Plastics impact. The tubes used on the Project will be constructed of
PVC plastic. Allegations about potential adverse impacts of plastic shellfish gear include breakdown
of gear with release of microplastics, and leaching of chemicals from gear. The tubes used by BDN
are designed for durability in the marine environment, and incorporate UV inhibitors to ensure
longevity.
Current scientific and technical information does not demonstrate that the rigid
PVC plastic tubes to be used by BDN have had or will have any adverse ecological impacts. Quite to
the contrary, the Shorelines Hearings Board has on multiple occasions affirmed the use of plastics in
shellfish aquaculture operations. Coalition to Protect Puget Sound Habitat v. Pierce County, SHB No.
11-019 (July 13, 2012); Coalition to Protect Puget Sound Habitat v. Thurston County, SHB No. 13-
006c (October 11, 2013); and Coalition to Protect Puget Sound Habitat v. Pierce County, SHB No.
14-024 (May 15, 2015). The Board rejected the claim that the PVC tubes to be used here degrade into
microplastics, SHB No. 11-019 (FF 9); SHB No. 13-006c (FF 41-42 and COL 16); SHB No. 14-024
(FF 44-47 and COL 13, 20), release chemicals, SHB No. 110-019 (FF 11), cause significant marine
debris, SHB No. 11-019 (FF 10 and COL 6, 14); SHB No. 13-006c (FF 36-39 and COL 16); SHB No.
14-024 (FF 39-43, 47 and COL 13, 20), or threaten fish and wildlife, SHB No. 13-006c (FF 40 and
COL 42); SHB No. 14-024 (FF 26, 27 and COL 17).
The Washington Department of Ecology, during its review of a proposed City
of Bainbridge Island Ordinance regulating the use of plastics in aquaculture, specifically found that:
"The marine grade plastics currently used [in aquaculture] are specifically designed to resist breaking
down in the harsh marine environment. Without evidence of an impact related to marine grade plastics
this prohibition is not supported by current science, data, or other technical information." Department
of Ecology informal response to Bainbridge Island Aquaculture SMP amendment, Ordinance 2016-6,
2016. at .
The marine grade PVC tubes to be used here do not contain phthalates and will
not leach chemicals into the marine environment. Johnson A. 2010. Potential for Chemical Impacts
from the Use of PVC Pipe in the Marine Environment – Literature Search. Washington State
Department of Ecology. Environmental Assessment Program. It has also been demonstrated that they
are not the source of any significant metals concentration in the areas where they are used in
aquaculture. Plastic Aquaculture Gear is Not a Threat to Puget Sound, Rosalind A. Schoof, PhD,
DABT, Ramboll Environ US Corporation, August 2016, citing Johnson A. 2010, Does Plastic
Shellfish Gear Increase Microplastic And Chemical Exposures? Schoof, Rosalind Ramboll, Environ
US Corporation, Seattle, WA, 71st Annual Shellfish Growers Conference.
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1.0.4.9.3. Chemical Impact. No pesticide usage is planned for the project, and
so there will be no chemical pesticide impact, either immediate or cumulative.
Conclusion – Minor, Acceptable Cumulative Impacts.
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).
Adding the Smersh aquaculture project will not introduce any qualitatively new activity into
the area. It would make only a small increase in the tiny amount of tidelands devoted to an
aquaculture usage that is preferred under Washington law (RCW 90.58.020.)
From a biological standpoint, the applicable biological data shows there is no evidence that
adding the Smersh project, and even potentially the Garten and Tjemsland properties, would have any
significant negative cumulative biological impact on the environment. In fact, the National Marine
Fisheries Service and the U.S. Fish and Wildlife Service PBO’s cite cumulative environmental
benefits associated with shellfish aquaculture, including long term improved water quality,
sequestration of carbon and nutrients, creation of habitat via culturing equipment and materials;
nutrient enhancement that supports invertebrates, macroalgae, and seagrasses; and benefits to animal
and plant life of minor benthic disturbances that expose infauna to predation and increase the depth of
oxygenated sediments.
Thus, consistent with both the SMP and NEPA, the above analysis shows that the Smersh
proposal will not produce substantial adverse effects either individually or cumulatively.
April 12, 2021
_______________________________
Kenneth A. Sheppard
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APPENDIX A
JCDCD letter dated September 14, 2017
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APPENDIX B
Corps Rock Point Oyster Corps Approval
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DEPARTMENT OF THE ARMY
SEATTLE DISTRICT, CORPS OF ENGINEERS
P .0. BOX 3755
REPLY TO
ATTENTION OF
Regulatory Branch
Mr. David Steele
Rock Point Oyster Company, Inc.
1733 Dabob Post Office Road
Quilcene, Washington 98376
SEATTLE, WASHINGTON 98124-3755
AUG 1 8 2017
(
Reference: NWS-2010-1039
Dear Mr. Steele:
Rock Point Oyster
Company, Inc.
(Case Shoal Aquaculture)
We have reviewed your permit file to cultivate 44.35 acres of Pacific oyster and Manila
clam bottom culture, Pacific and Kumamoto oysters in flip bags on longlines and trays, and
geoduck, on a 48 acre site, with 3.65 of no aquaculture in Case Shoal, Hood Canal near Port
Ludlow, Jefferson County, Washington verified under the 2012 Nationwide Permit (NWP) 48.
Your proposal as depicted on the enclosed drawings dated December 2, 2016 and as verified on
December 13, 2016 under the 2012 NWP 48 (hereinafter "activity") is eligible for verification
under the 2017 Nationwide Permit (NWP) 48 for Commercial Shellfish Aquaculture Activities
(Federal Register January 6, 2017, Vol. 82, No. 4). The activity will be verified under the 2017
NWP 48 upon return of this letter, bearing your signature, to the Seattle District in conformance
with the instructions below. If you would like to seek verification under NWP 48 for any
proposed work outside of the activity for which you were verified under the 2012 NWP 48 on
December 13, 2016, please contact the Project Manager listed in the cover letter accompanying
this letter.
In order for this authorization to be valid, you must ensure the work is performed in
accordance with the enclosed NWP 48, Terms and Conditions and with the Services Biological
Opinions -National Marine Fisheries Service (NMFS) Biological Opinion (BO) and Errata dated
September 2, 2016 and September 30, 2016, respectively (NMFS Reference Number WCR-
2014-1502), and U.S. Fish and Wildlife Service (USFWS) BO dated August 26, 2016 (USFWS
Reference Number 0lEWFW00-2016-F-0121). The BOs contain mandatory terms and
conditions to implement the reasonable and prudent measures associated with the specified
"incidental take". You are also required to comply with the special conditions listed below.
RY
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APPENDIX C
Deep Blue Seafood Corps Approval
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REPLY TO
ATTENTION OF
Regulatory Branch
Mr. James Addison Smith
Deep Blue Seafood
4136 Meridian North
Seattle, Washington 98103
Dear Mr. Smith:
DEPARTMENT OF THE ARMY
SEATTLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124-3755 AUG 1 8 2017
SEP U 5 2 17
Reference: NWS-2007-1152
Deep Blue Seafood
We have reviewed your permit file to cultivate 3.8 acres of geoduck with 2 acres of active
cultivation and approximately 2 acres of fallow tidelands, and 2 acres with no aquaculture, on a 6
acre site in Thorndyke Bay, Hood Canal near Port Ludlow, Jefferson County, Washington
verified under the 2012 Nationwide Permit (NWP) 48. Your proposal as depicted on the
enclosed drawings dated December 13, 2016 and as verified on December 14, 2016 under the
2012 NWP 48 (hereinafter "activity") is eligible for verification under the 2017 Nationwide
Permit (NWP) 48 for Commercial Shellfish Aquaculture Activities (Federal Register January 6,
2017, Vol. 82, No. 4). The activity will be verified under the 2017 NWP 48 upon return of this
letter, bearing your signature, to the Seattle District in conformance with the instructions below.
If you would like to seek verification under NWP 48 for any proposed work outside of the
activity for which you were verified under the 2012 NWP 48 on December 14, 2016, please
contact the Project Manager listed in the cover letter accompanying this letter.
In order for this authorization to be valid, you must ensure the work is performed in
accordance with the enclosed NWP 48, Terms and Conditions and with the Services Biological
Opinions -National Marine Fisheries Service (NMFS) Biological Opinion (BO) and Errata dated
September 2, 2016 and September 30, 2016, respectively (NMFS Reference Number WCR-
2014-1502), and U.S. Fish and Wildlife Service (USFWS) BO dated August 26, 2016 (USFWS
Reference Number 0lEWFW00-2016-F-0121). The BOs contain mandatory terms and
conditions to implement the reasonable and prudent measures associated with the specified
"incidental take". You are also required to comply with the special conditions listed below.
a.This U.S. Army Corps of Engineers (Corps) permit does not authorize you to take a
threatened or endangered species. In order to legally take a listed species, you must have
authorization under the Endangered Species Act (ESA) ( e.g., an ESA Section 10 permit, or ESA
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APPENDIX D
Set & Drift Corps Approval
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REPLY TO ATTENTION OF
Regulatory Branch
Ms. Alice and Mr. Van Helker
Set & Drift, LLC
981 7 31st A venue Southwest
Seattle, Washington 98126
Dear Ms. and Mr. Helker:
DEPARTMENT OF THE ARMY
SEATTLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124-3755
AUG 1 9 2017
(
SEP 11 2017
Reference: NWS-2015-568
Set & Drift, LLC
(Shellfish Farm)
We have reviewed your permit file to cultivate up to 2.36 acres of a 3.5 acre project area
with on bottom Manila clam and Pacific oyster in bags, harvested by hand, and installation of
geoduck grow-out equipment, but no planting of geoduck seed, in Hood Canal near Port Ludlow,
Jefferson County, Washington verified under the 2012 Nationwide Permit (NWP) 48. Your
proposal as depicted on the enclosed drawings dated September 16, 2016 and as verified on
March 16, 2016 under the 2012 NWP 48 (hereinafter "activity") is eligible for verification under
the 2017 Nationwide Permit (NWP) 48 for Commercial Shellfish Aquaculture Activities (Federal
Register January 6, 2017, Vol. 82, No. 4). The activity will be verified under the 2017 NWP 48
upon return of this letter, bearing your signature, to the Seattle District in conformance with the
instructions below. If you would like to seek verification under NWP 48 for any proposed work
outside of the activity for which you were verified under the 2012 NWP 48 on March 16, 2016,
please contact the Project Manager listed in the cover letter accompanying this letter.
In order for this authorization to be valid, you must ensure the work is performed in
accordance with the enclosed NWP 48, Terms and Conditions and with the Services Biological
Opinions -National Marine Fisheries Service (NMFS) Biological Opinion (BO) and Errata dated
September 2, 2016 and September 30, 2016, respectively (NMFS Reference Number WCR-
2014-1502), and U.S. Fish and Wildlife Service (USFWS) BO dated August 26, 2016 (USFWS
Reference Number 0lEWFW00-2016-F-0121). The BOs contain mandatory terms and
conditions to implement the reasonable and prudent measures associated with the specified
"incidental take". You are also required to comply with the special conditions listed below.
a.This U.S. Anny Corps of Engineers (Corps) permit does not authorize you to take a
threatened or endangered species. In order to legally take a listed species, you must have
authorization under the Endangered Species Act (ESA) ( e.g., an ESA Section 10 permit, or ESA
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BDN Supplemental Cumulative Impacts Report
April 2021 – Page 15
APPENDIX E
Hood Canal Mariculture Corps Approval
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BDN Supplemental Cumulative Impacts Report
April 2021 – Page 16
APPENDIX F
Corps Letter “No Applications Pending” 12-10-19
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APPENDIX G
approval of the BDN Smersh project (granted on December 19, 2016 under NWS-2013-1268
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APPENDIX H
Coalition to Protect Puget Sound Habitat Order
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
THE COALITION TO PROTECT PUGET
SOUND HABITAT,
Plaintiff,
v.
U.S. ARMY CORPS. OF ENGINEERS, et al.,
Defendants,
and
TAYLOR SHELLFISH COMPANY, INC.,
Intervenor - Defendant.
_____________________________________
CENTER FOR FOOD SAFETY,
Plaintiff,
v.
U.S. ARMY CORPS OF ENGINEERS, et al.,
Defendants,
and
PACIFIC COAST SHELLFISH GROWERS
ASSOCIATION,
Intervenor - Defendant.
Case No. C16-0950RSL
Case No. 17-1209RSL
ORDER HOLDING NWP 48
UNLAWFUL IN THE STATE OF
WASHINGTON AND
REQUESTING ADDITIONAL
BRIEFING
This matter comes before the Court on cross-motions for summary judgment filed by the
parties and intervenors in the above-captioned matters. Dkt. # 36, # 44, and # 45 in C16-
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 1 of 24
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0950RSL; Dkt. # 31, # 43, and # 44 in C17-1209RSL. The Court has also considered the
Swinomish Indian Tribal Community’s submission in a related case, C18-0598RSL (Dkt. # 28).
Plaintiffs challenge the U.S. Army Corps of Engineers’ issuance of Nationwide Permit 48
(“NWP 48”) authorizing discharges, structures, and work in the waters of the United States
related to commercial shellfish aquaculture activities. Plaintiffs argue that the Corps failed to
comply with the Clean Water Act (“CWA”), the National Environmental Policy Act (“NEPA”),
and the Endangered Species Act (“ESA”) when it reissued NWP 48 in 2017. They request that
the decision to adopt NWP 48 in Washington1 be vacated under the Administrative Procedures
Act (“APA”) and that the Corps be required to comply with the environmental statutes before
issuing any new permits or verifications for commercial shellfish aquaculture in this State.2
BACKGROUND
The CWA authorizes the Army Corps of Engineers to issue permits for the discharge of
dredged or fill material into the navigable waters of the United States. 33 U.S.C. § 1344(a). If the
Corps determines that activities involving discharges of dredged or fill material “are similar in
nature, will cause only minimal adverse environmental effects when performed separately, and
will have only minimal cumulative adverse effect on the environment,” it may issue general
permits on a state, regional or nationwide basis permitting the activities for a five year period. 33
1 The Coalition to Protect Puget Sound Habitat seeks to bar the use of NWP 48 only in Puget
Sound.
2 The Court finds that one or more members of plaintiff Center for Food Safety has/have
standing to pursue the CWA, NEPA, and ESA claims based on their concrete, particularized, and
imminent injuries arising from activities in Washington that are permitted under the 2017 version of
NWP 48.
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 2
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 2 of 24
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U.S.C. § 1344(e). “[T]he CWA imposes substantive restrictions on agency action” (Greater
Yellowstone Coalition v. Flowers, 359 F.3d 1257, 1273 (10th Cir. 2004)): if “the effect of a
general permit will be more than minimal, either individually or cumulatively, the Corps cannot
issue the permit” (Wyoming Outdoor Council v. U.S. Army Corps of Eng’rs, 351 F. Supp. 2d
1232, 1255-57 (D. Wyo. 2005)). General permits often impose requirements and standards that
govern the activities undertaken pursuant to the permit, but they relieve operators from the more
burdensome process of obtaining an individual, project-based permit.
In 2017, the Corps reissued NWP 48, thereby authorizing “the installation of buoys,
floats, racks, trays, nets, lines, tubes, containers, and other structures into navigable waters of the
United States. This NWP also authorizes discharges of dredged or fill material into waters of the
United States necessary for shellfish seeding, rearing, cultivating, transplanting, and harvesting
activities.” NWP003034. The nationwide permit authorizes(a) the cultivation of nonindigenous
shellfish species as long as the species has previously been cultivated in the body of water at
issue, (b) all shellfish operations affecting ½ acre or less of submerged aquatic vegetation, and
(c) theall operations affecting more than ½ acre of submerged aquatic vegetation if the area had
been used for commercial shellfish aquaculture activities at any point in the past 100 years.
NWP003034-35.3
In addition to the CWA’s requirement that the Corps make “minimal adverse effect”
findings before issuing a general permit, “NEPA imposes procedural requirements on federal
agencies to analyze the environmental impact of their proposals and actions.” O’Reilly v. U.S.
3 The 100-year look back provision was not in the 2012 version of NWP 48.
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 3
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 3 of 24
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Army Corps of Engr’s, 477 F.3d 225, 228 (5th Cir. 2007). Federal agencies are required to do an
environmental assessment (“EA”) of their proposed action, providing a brief discussion of the
anticipated environmental impacts and enough evidence and analysis to justify a no-significant-
impact determination. 40 C.F.R. § 1508.9. If the agency, after conducting an EA, is unable to
state that the proposed action “will not have a significant effect on the human environment,” a
more detailed and comprehensive environmental impact statement (“EIS”) must be prepared. 40
C.F.R. § 1508.11 and § 1508.13.4
The Corps’ EA regarding the 2017 reissuance of NWP 48 is presented in a Decision
Document dated December 21, 2016. NWP003034-3116. An additional condition was later
imposed by the Seattle District through its Supplemental Decision Document dated March 19,
2017. COE 127485-611. The Court has considered both Decision Documents to the extent they
reflect the Corps’ analysis of the anticipated environmental impacts of issuing the nationwide
permit and imposing the additional regional condition. The Decision Documents set forth the
Corps’ discussion of anticipated environmental impacts and the evidence and analysis justifying
its determination “that the issuance of [NWP 48] will not have a significant impact on the quality
of the human environment,” making an EIS unnecessary under NEPA. NWP003106. The
Decision Documents also reflect the Corps’ determination that the “activities authorized by
[NWP 48] will result in no more than minimal individual and cumulative adverse effects on the
aquatic environment” for purposes of the CWA. NWP003107. The Seattle District, for its part,
concluded that if it added a regional condition preventing the commercial harvest of clams by
4 “Impact” and “effect” are used interchangeably in the regulations and are deemed synonymous.
40 C.F.R. § 1508.8.
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 4
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 4 of 24
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means of hydraulic escalator equipment and evaluated proposed activities as they were verified
under the reissued permit, the effects of the permitted activities would be individually and
cumulatively minimal. COE 127592-93.
Plaintiffs argue that these conclusions must be invalidated under the APA because the
record does not support the Corps’ conclusions regarding the environmental effects of individual
shellfish aquaculture activities or their cumulative impacts and the EA does not accurately
describe the anticipated environmental impacts of NWP 48 or otherwise justify a no-significant-
impact determination. Under the APA, a reviewing court must set aside agency actions, findings,
or conclusions that are “arbitrary, capricious, an abuse of discretion, [] otherwise not in
accordance with law” or “without observance of procedure required by law.” 5 U.S.C.
§ 706(2)(A) and (D). Agency action is arbitrary and capricious “if the agency has relied on
factors which Congress has not intended it to consider, entirely failed to consider an important
aspect of the problem, offered an explanation for its decision that runs counter to the evidence
before the agency, or is so implausible that it could not be ascribed to a difference in view or the
product of agency expertise.” Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463
U.S. 29, 43 (1983). Although agency predictions within the agency’s area of expertise are
entitled to the highest deference, they must nevertheless have a substantial basis in fact. Ctr. for
Biological Diversity v. Zinke, 900 F.3d 1053, 1067 (9th Cir. 2018). In determining whether a
decision is supported by substantial evidence in the record, the Court will not substitute its own
judgment for that of the agency but rather considers whether the decision is based on relevant
evidence that a reasonable mind might accept as adequate to support the agency’s conclusion.
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 5
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 5 of 24
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San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 601 (9th Cir. 2014).5
DISCUSSION
Having reviewed the submissions of the parties and the administrative record, and having
heard the arguments of counsel, the Court finds that there is insufficient evidence in the record to
support the agency’s conclusion that the reissuance of NWP 48 in 2017 would have minimal
individual and cumulative adverse impacts on the aquatic environment for purposes of the CWA
and that the Corps’ environmental assessment does not satisfy NEPA’s requirements. Although
the minimal impacts finding is repeated throughout the Corps’ Decision Document (see
NWP003038, NWP003045-46, NWP003049, NWP003051, NWP003091, NWP003107), it is
based on little more than (1) selectively chosen statements from the scientific literature, (2) the
imposition of general conditions with which all activities under nationwide permits must
comply, and (3) the hope that regional Corps districts will impose additional conditions and/or
require applicants to obtain individual permits if necessary to ensure that the adverse impacts
will be minimal. Each of these considerations is discussed below.
(1) Effects Analysis
At various points in its analysis, the Corps acknowledges that commercial shellfish
aquaculture activities can have adverse environmental impacts. See NWP003040 (commercial
5 Plaintiffs also argue that the agency action should be invalidated because the Corps (a) failed to
analyze a reasonable range of alternative actions in the EA, (b) failed to allow for meaningful public
participation, and (c) failed to re-initiate consultation with expert wildlife agencies under the ESA when
the 2017 version of NWP 48 was modified to increase the acreage on which commercial shellfish
production was authorized, failed to incorporate assumed conservation measures and conditions, and
failed to analyze the impacts of pesticides on endangered species. Because the Court finds that the Corps
violated the CWA and NEPA, it has not considered these alternative theories for why NWP 48 should
be invalidated.
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 6
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 6 of 24
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shellfish aquaculture activities “have some adverse effects on the biotic and abiotic components
of coastal waters, including intertidal and subtidal areas”); Id. (noting that “at a small spacial
scale (e.g., the site directly impacted by a specific aquaculture activity) there will be an adverse
effect.”); NWP003041 (acknowledging “some impacts on intertidal and subtidal habitats, fish,
eelgrass, and birds”); NWP003042 (recognizing that “commercial shellfish aquaculture activities
do have some adverse effects on eelgrass and other species that inhabit coastal waters”); COE
127559 (stating that “marine debris is a serious impact on the marine environment”); COE
127570 (acknowledging “potential adverse impacts” to riffle and pool complexes); COE 127584
(noting that “[c]ommercial shellfish aquaculture activities can result in conversion of substrates
(e.g. mudflats to gravel bars), impacts to submerged aquatic vegetation, alteration in aquatic
communities from native to non-native shellfish species, and water quality impacts from harvest
activities”). It concludes that these impacts are no more than minimal, however, (a) when
considered on a landscape rather than a site-by-site scale, (b) because the relevant ecosystems
are resilient, and (c) because the impacts are “relatively mild” in comparison “to the disturbances
and degradation caused by coastal development, pollution, and other human activities in coastal
areas.” NWP003040 and NWP003044.
(a) Scale of Impacts Evaluation
In determining the potential effects of a proposed discharge of dredged or fill material in
an aquatic environment, the Corps is required to determine the nature and degree of the
environmental impact the discharge will have, both individually and cumulatively.
“Consideration shall be given to the effect at the proposed disposal site of potential changes in
substrate characteristics and elevation, water or substrate chemistry, nutrients, currents,
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 7
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 7 of 24
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circulation, fluctuation, and salinity, on the recolonization and existence of indigenous aquatic
organisms or communities.” 40 C.F.R. § 230.11(e) (emphasis added). Ignoring or diluting site-
specific, individual impacts by focusing solely on a cumulative, landscape-scale analysis is not
consistent with the governing regulations.
(b) Resilient Ecosystems
The Decision Document issued by Corps Headquarters acknowledges that “[t]he effects
of commercial shellfish aquaculture activities on the structure, dynamics, and functions of
marine and estuarine waters are complicated, and there has been much discussion in the
scientific literature on whether those effects are beneficial or adverse.” NWP003040. Relying in
large part on a paper published by Dumbauld and McCoy for the U.S. Department of Agriculture
in 2015, the Corps concluded that the individual and cumulative impacts of the activities
authorized by NWP 48 would be minimal “because the disturbances caused by these activities
on intertidal and subtidal ecosystems are temporary and those ecosystems have demonstrated
their ability to recover from those temporary disturbances.” NWP003045-46.6
6 The Corps also cites a 2009 paper co-written by Dumbauld, which it describes as “a review of
empirical evidence of the resilience of estuarine ecosystems and their recovery (including the recovery
of eelgrass) after disturbances caused by shellfish aquaculture activities.” NWP003044. The Corps relies
on the 2009 Dumbauld paper to support its conclusion that commercial shellfish production can have
beneficial impacts on some aspects of the aquatic environment. See NWP003406 (“Many species co-
exist with commercial shellfish aquaculture activities and many species benefit from these activities.”);
NWP003086 (noting improved water and habitat quality at moderate shellfish population densities);
NWP003087 (“Activities authorized by this NWP may alter habitat characteristics of tidal waters. Some
species of aquatic organisms will benefit from those changes, while others will be adversely affected.”);
NWP003104 (“Sessile or slow-moving animals in the path of discharges of dredged or fill material and
aquaculture equipment may be destroyed. Some aquatic animals may be smothered by the placement of
fill materials. Some aquatic organisms will inhabit the physical structure created by equipment used for
commercial shellfish aquaculture activities.”). The fact that there are environmental winners and losers
when activities authorized under NWP 48 are undertaken does not resolve the issue of whether the
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 8
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 8 of 24
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Dumbauld and McCoy’s research cannot justify such a broad, sweeping conclusion
regarding the resilience of entire ecosystems in both the intertidal and subtidal zones. According
to the Corps’ own summary of the paper, the authors evaluated only the effects of oyster
aquaculture activities on submerged aquatic vegetation. NWP003044. The paper itself shows
that Dumbauld and McCoy were studying the effects of intertidal oyster aquaculture on the
seagrass Zostera marina. There is no discussion of the impacts on other types of aquatic
vegetation, on the benthic community, on fish, on birds, on water quality/chemistry/structures, or
on substrate characteristics. There is no discussion of the subtidal zone. There is no discussion
regarding the impacts of plastic use in shellfish aquaculture and only a passing reference to a
possible side effect of pesticide use. The Corps itself does not remedy these deficiencies:
although it identifies various resources that will be adversely impacted by issuance of the
national permit (along with resources that may benefit from shellfish production), it makes
virtually no effort to characterize the nature or degree of those impacts. The Decision
Document’s “Impact Analysis” consists of little more than an assurance that district engineers
will consider the direct and indirect effects caused by the permitted activity on a regional or
case-by-case basis. NWP003073-74.
proposed agency action has more than minimal impacts or obviate the need for a “hard look” at all
impacts, beneficial and adverse. Native Ecosys. Council v. U.S. Forest Serv., 428 F.3d 1233, 1238-39
(9th Cir. 2005). The 2009 review clearly shows, and the Corps acknowledges, that at least some aquatic
species and characteristics are adversely affected by commercial shellfish aquaculture. The Ninth
Circuit, faced with a similar situation under NEPA, noted that “even if we had some basis for assuming
that [the agency’s] implementation of the BiOp would have exclusively beneficial impacts on the
environment, we would still lack a firm foundation for holding that [the agency] need not prepare an EA
and, if necessary, an EIS.” San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 652 n.52
(9th Cir. 2014).
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 9
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 9 of 24
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Under the CWA, the Corps must find that the proposed activity “will cause only minimal
adverse environmental effects when performed separately, and will have only minimal
cumulative adverse effect on the environment” before it issues a general permit. 33 U.S.C.
§ 1344(e). Under NEPA, the Corps is required to “[b]riefly provide sufficient evidence and
analysis for determining whether to prepare an environmental impact statement or a finding of
no significant impact.” 40 C.F.R. § 1508.9(a)(1). The agency is required to take a “hard look” at
the likely environmental impacts of the proposed action and prepare an EA to determine whether
the impacts are significant enough to necessitate the preparation of an EIS. Native Ecosys.
Council, 428 F.3d at 1238-39. The analysis, though brief, “must be more than perfunctory” and
must be based on “some quantified or detailed information; . . . [g]eneral statements about
possible effects and some risk do not constitute a hard look absent a justification regarding why
more definitive information could not be provided.” Klamath-Siskiyou Wildlands Ctr. v. Bureau
of Land Mgmt., 387 F.3d 989, 993-94 (9th Cir. 2004) (alteration in original, citations omitted).
In this case, the Corps acknowledged that reissuance of NWP 48 would have foreseeable
environmental impacts on the biotic and abiotic components of coastal waters, the intertidal and
subtidal habitats of fish, eelgass, and birds, the marine substrate, the balance between native and
non-native species, pollution, and water quality, chemistry, and structure, but failed to describe,
much less quantify, these consequences. The Corps cites the two Dumbauld papers for general
statements regarding the positive or negative effects of shellfish aquaculture on certain aquatic
resources or characteristics (focusing on seagrass), but it makes no attempt to quantify the
effects or to support its conclusion that the effects are no more than minimal.
Even if the health and resilience of seagrass were the only concern - and, as discussed
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 10
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 10 of 24
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above, it is not - the 2015 Dumbauld and McCoy paper cannot reasonably be interpreted as
evidence that seagrass is only minimally impacted by commercial shellfish aquaculture. As
noted above, the paper evaluated only the effect of oyster aquaculture. In that context, it
recognized the research suggesting that oyster aquaculture has direct impacts on native
seagrasses at the site of the activity and in short temporal spans. These impacts are then ignored
by both Dumbauld and the Corps in favor of a landscape, cumulative analysis which, as
discussed above, is inadequate. Just as importantly, NWP 48 authorizes the discharge of dredged
and fill material from not only oyster operations, but also from mussel, clam, and geoduck
operations carried out on bottom substrate, in containers, and/or on rafts or floats. Thus,
Dumbauld and McCoy did not evaluate, and drew no conclusions regarding, the impact that
many of the activities authorized by NWP 48 would have on seagrass (much less other aquatic
resources). The Seattle District, for its part, acknowledged the breadth of species and cultivation
techniques that are encompassed in the phrase “commercial shellfish aquaculture.” A draft
cumulative impact assessment generated in February 2017 dedicated twenty-five pages to
discussing the wide range of work and activities covered by NWP 48 and noting the species-
dependent variability in cultivation techniques, gear, and timing. COE 125591-616.7 These
variations gave rise to a wide array of effects on the aquatic habitat (COE 125635-36), none of
which is acknowledged or evaluated in the national Decision Document. In its Supplement, the
Seattle District noted:
7 The Corps acknowledges that the draft regional impact assessment “was a NEPA-level
analysis,” but faulted the author because that level of analysis should be performed by Headquarters for
a nationwide permit. COE 125856. No comparable analysis is included in the national Decision
Document, however.
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 11
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The impacts to eelgrass from aquaculture can be temporary, depending on the
activity, because the habitat conditions themselves (elevation, water quality, etc.)
are not permanently altered which allows eelgrass to eventually recover given
sufficient time. In Washington State, the timeframe for recovery has been
documented to be about 5 years depending on the activity and other factors. For
example, when a geoduck farm is seeded it is covered with tubes and nets for 2 or
more years and then the tubes and nets are removed until harvest, 3-5 years later.
The eelgrass would have died back under the nets, had a chance to return when
nets were removed, and then eelgrass is disturbed/removed again when harvest
occurs. While this process allows for eelgrass return at the site, the frequency of
disturbance and relatively long recovery times result in a local habitat condition
where eelgrass more often than not is either not present or present at a much
reduced functional state. This effect would persist as long as aquaculture is
occurring at the site. In some cases, such as when nets are placed over planted
clam beds, any eelgrass is likely to be permanently smothered and not recover.
This is because of the permanence of the nets, which are only removed between
harvest and the next planting cycle. The time between harvest and planting may
only be a matter of weeks or months. Other impacts are discussed in the national
decision document. This existing cycle of impacts to eelgrass represents the
existing environment from aquaculture activities authorized under NWP [48] 2012;
and these or similar effects may continue if verification under NWP 48 2017 is
requested and received.
COE 127587-88.
Agency predictions within their areas of expertise are entitled to the highest deference,
but they must have a substantial basis in fact. The Corps recognized that certain shellfish
operations would displace eelgrass entirely for extended periods of time. In some cases, nets are
used to smother the vegetation, precluding any chance of recovery. Where smothering nets are
not in use, the eelgrass may recover to some extent, but was not likely to return to is full
functional state before being disturbed and/or removed again for the next harvest or seeding
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 12
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activity. The impacts of commercial shellfish aquaculture on eelgrass (and presumably on all
species that rely on eelgrass) would continue as long as the permitted activity continued. Under
the 2017 version of NWP 48, a significant number of additional acres that were not cultivated
under the 2012 NWP could be put into shellfish aquaculture if the area had been commercially
productive during the past 100 years. See COE 118145-49; COE 127584. Any such “reopened”
beds could result in additional losses of seagrass and the benefits it provides. COE 127589
(“[F]or many current operations, verification under NWP 2017 will create no appreciable change
to the baseline environmental conditions, and the impacts will be minimal both individually and
cumulatively.8 For other operations, however, activities may create a change in current
conditions, for example if activities are proposed on land populated with recovered eelgrass.”).
The national Decision Document does not quantify the periodic and permanent losses of
seagrass9 or the impact on the wider aquatic environment. A reasonable mind reviewing the
8 By quoting this portion of the Seattle District Supplement, the Court is not adopting its
reasoning. National, regional, and state permits issued under the authority of the CWA last for only five
years. When a NWP is reissued, the environmental impacts of the agency action logically include all
activities conducted under the auspices of the permit, regardless of whether those operations are brand
new or are simply “verified” as covered by the reissued NWP. The governing regulations expressly
impose upon the Corps the obligation to consider the ongoing effects of past actions when conducting a
cumulative impacts analysis. 40 C.F.R. § 1508.7. See Ohio Valley Envtl. Coalition v. Hurst, 604 F.
Supp. 2d 860, 886-87 (S.D. W. Va. 2009) (rejecting the Corps’ post hoc rationalization that past
authorizations of moutaintop mining had no continuing effects and noting that, in the court’s “common
sense judgment,” “[t]hese losses and impacts do not exist in a vacuum; they are not corrected or cured
every five years with the renewal of a new nationwide permit. Nor do these accumulated harms become
the baseline from which future impacts are measured. Before authorizing future activities with such
tremendous impacts, the Corps must at least consider the present effects of past activities . . . .”).
9 The cumulative impacts of reissuing NWP 48 are to be analyzed in accordance with 40 C.F.R.
§ 230.7(b)(3), pursuant to which the Corps must predict “the number of activities expected to occur until
the general permit expires.” NWP003043. The Corps’ estimates of how many acres are likely to be
cultivated under the reissued national permit vary widely, however. The estimate provided in Section
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 13
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 13 of 24
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record as a whole would not accept Dumbauld and McCoy’s limited findings regarding the
landscape-level impact of oyster cultivation on a species of seagrass in the intertidal zone as
support for the conclusion that entire ecosystems are resilient to the disturbances caused by
shellfish aquaculture or that the impacts of those operations were either individually or
cumulatively minimal.
(c) Impacts of Other Human Activity
Although the Corps does not rely on this line of reasoning in opposing plaintiffs’ motions
for summary judgment, its Decision Document is replete with various forms of the following
statement: “[c]ommercial shellfish aquaculture activities are a minor subset of human activities
that affect coastal intertidal and subtidal habitats and contribute to cumulative effects to those
coastal habitats.” NWP003041. See also NWP003040; NWP003042-44; NWP003061;
NWP003068; NWP003075-76; NWP003081; NWP003083-85. To the extent the Corps’
minimal impacts determination is based on some sort of comparison between the environmental
impacts of shellfish aquaculture and the environmental impacts of the rest of human activity (see
7.2.2 of the Decision Document states that NWP 48 will be utilized 1,625 times over the five-year
period, resulting in impacts to approximately 56,250 acres of water. NWP003098. Those numbers are
reportedly based on past uses of the NWP plus an estimate of the number of activities that did not
require pre-construction notification and were not voluntarily reported to the Corps district. Id.
According to the Seattle District, however, over 56,000 acres of marine tidelands were permitted under
the 2012 version of NWP 48 in Washington State alone, and that number was only going to increase
under the 2017 version. COE 127590. Recognizing the long history of commercial shellfish operations
in the State’s waters and the 100-year look back for identifying “existing” operations, the Seattle
District estimated that 72,300 acres of Washington tidelands could be authorized for commercial
shellfish production under the 2017 NWP 48. COE 127590-92. Thus, even if Headquarters had
attempted to quantify the proposed action’s impacts on seagrass (or any other aquatic resource) before
reissuing NWP 48, its data regarding past uses of the permit was incorrect and its estimates of future
uses are suspect.
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 14
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NWP003046 (commercial shellfish aquaculture activities “cause far less change to the
environmental baseline than the adverse effects caused by development activities, pollution, and
changing hydrology that results from the people living and working in the watersheds that drain
to coastal waters . . .”); NWP003078 (“[T]here are many categories of activities that contribute
to cumulative effects to the human environment. The activities authorized by this NWP during
the 5-year period it will be in effect will result in no more than minimal incremental
contributions to the cumulative effects to these resource categories.”); NWP003081 (“The
activities authorized by this NWP will result in a minor incremental contribution to the
cumulative effects to wetlands, streams, and other aquatic resources in the United States
because, as discussed in this section, they are one category of many categories of activities that
affect those aquatic resources.”)), the analysis is inadequate. NEPA and the CWA were enacted
because humans were adversely affecting the environment to a noticeable and detrimental extent.
See 42 U.S.C. § 4331(a) (Congressional recognition of “the profound impact of man’s activity
on the interrelations of all components of the natural environment”); 33 U.S.C. § 1251(a) (“The
objective of [the CWA] is to restore and maintain the chemical, physical, and biological integrity
of the Nation’s waters.”). Noting that a particular environmental resource is degraded is not an
excuse or justification for further degradation. The Corps must analyze the individual and
cumulative impacts of the proposed activity against the environmental baseline, not as a
percentage of the decades or centuries of degrading activities that came before.
The Corps makes a similarly untenable argument whenever the use of pesticides in a
shellfish operation permitted under NWP 48 is discussed. While acknowledging that these
substances are used and released into the environment during permitted activities, the Corps
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 15
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declines to consider the environmental impacts of pesticides because they are regulated by some
other entity. See NWP003077. Even if the Corps does not have jurisdiction to permit or prohibit
the use of pesticides, it is obligated to consider “other past, present, and reasonably foreseeable
future actions regardless of what agency (Federal or non-Federal) or person undertakes such
other actions.” NWP003074 (quoting 40 C.F.R. § 1508.7). The Corps’ decision to ignore the
foreseeable uses and impacts of pesticides in the activities it permitted on a nationwide basis
does not comport with the mandate of NEPA or with its obligations under the CWA. Having
eschewed any attempt to describe the uses of pesticides in commercial shellfish aquaculture or to
analyze their likely environmental impacts, the decision to permit such activities through NWP
48 cannot stand.
(2) General Conditions of NWP 48
In making its minimal impact determinations, the Corps relied in part on the general
conditions imposed on all nationwide permits. NWP003072. According to the Corps, the
prohibitions it has imposed against impacts on the life cycle movements of indigenous aquatic
species (general condition 2), spawning areas (general condition 3), migratory bird breeding
areas (general condition 4), concentrated shellfish beds (general condition 5), and endangered or
threatened species (general condition 18), and the requirements that permittees use non-toxic
materials (general condition 6) and confer with other regulatory agencies as needed (general
condition 19) will ensure that the individual and cumulative environmental effects of NWP 48
are minimal. Even if the Court were to assume that the general conditions will be universally
heeded, regulatory fiat does not satisfy NEPA’s requirement that the EA contain “sufficient
evidence and analysis for determining whether to prepare an environmental impact statement or
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 16
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a finding of no significant impact.” 40 C.F.R. § 1508.9(a)(1). The general conditions are just
that: general. They apply to all NWPs and do not reflect a “hard look” at the environmental
sequellae of commercial shellfish aquaculture. For purposes of the CWA, the general conditions
on which the Corps relies do not necessarily prohibit substantial impacts: general condition 3,
for example, precludes the most destructive of activities in spawning areas but leaves
unregulated many activities that could significantly impact those areas. In addition, the general
conditions relate to only some of the environmental resources the Corps acknowledges are
impacted by the permitted activities and do not address the cumulative impacts of commercial
shellfish aquaculture at all. 40 C.F.R. § 1508.7 (“Cumulative impacts can result from
individually minor but collectively significant actions taking place over a period of time.”).
The Court does not intend to suggest, and is not suggesting, that the general terms and
conditions imposed on a nationwide, regional, or state permit cannot be relevant to and
supportive of a finding of minimal impacts. They are simply too general to be the primary “data”
on which the agency relies when evaluating the impacts of the permitted activities.
(3) Regional Conditions and District Engineers
Any permit authorizing activities on a nationwide level runs the risk of sanctioning
activities that have more than minimal environmental impacts. In order to safeguard against that
risk, regional district engineers have the discretionary authority to modify, suspend, or revoke
the NWP within a particular region or class of waters, to add regional conditions to the NWP, to
impose special conditions on a particular project, and/or to require an applicant to seek an
individual permit. NWP003037 (citing 33 C.F.R. §§ 330.4(e) and 330.5). Although permittees
may generally proceed with activities authorized by an NWP without notifying the district
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 17
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engineer, (33 C.F.R. § 330.1(e)(1)), general condition 18(c) requires the submission of a pre-
construction notification (“PCN”) if the proposed activity may affect or is in the vicinity of a
species listed or habitat designated as critical under the ESA. Because all aquaculture operations
in the State of Washington occur in waters where there are threatened/endangered species and/or
critical habitat, applicants who seek to operate under the auspices of NWP 48 in this State must
submit a PCN and obtain a “verification” that the activity falls within the terms of the permit and
that the requirements of the ESA have been satisfied. COE 127592. “For a project to qualify for
verification under a general permit, a Corps District Engineer must conclude that it complies
with the general permit’s conditions, will cause no more than minimal adverse effects on the
environment, and will serve the public interest.” Sierra Club v. U.S. Army Corps of Eng’rs, 803
F.3d 31, 39 (D.C. Cir. 2015) (citing 33 C.F.R. §§ 330.1(e)(2), 330.6(a)(3)(i)).
There is nothing arbitrary, capricious, or unlawful about having the regional district
engineer review site-specific proposals to “cement [Headquarters’] determination that the
projects it has authorized will have only minimal environmental impacts.” Ohio Valley Envtl.
Coalition v. Bulen, 429 F.3d 493, 501 (4th Cir. 2005). Tiering the review and decision-making
tasks is permissible, but there must be a national decision document that actually evaluates the
impacts of the proposed activity in light of any regional conditions imposed. The problems here
are that the Corps’ minimal impact determinations were entirely conclusory and the regional
conditions that it assumed would minimize impacts were not in place at the time NWP 48 was
adopted. The record is devoid of any indication that the Corps considered regional data,
catalogued the species in and characteristics of the aquatic environments in which commercial
shellfish aquaculture activities occur, considered the myriad techniques, equipment, and
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 18
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materials used in shellfish aquaculture, attempted to quantify the impacts the permitted activity
would likely have on the identified species and characteristics, or evaluated the impacts of the
as-yet-unknown regional conditions.
Faced with incredible diversity in both the environment and the activities permitted under
NWP 48, the Corps effectively threw up its hands and turned the impact analyses over to the
district engineers. The “Impact Analysis” section of the national Decision Document simply
reiterates the district engineer’s powers to revoke, modify, or condition the NWP and directs the
district engineers to make minimal adverse environmental effects determinations after
considering certain factors. NWP003073-74. Its “Cumulative Effects” analysis bluntly
acknowledges that “[i]t is not practical or feasible to provide quantitative data” regarding the
cumulative effects of NWP 48 other than the estimated number of times the permit will be used.
NWP003081.
Because a nationwide analysis was impossible, the task of conducting a cumulative
impacts analysis in specific watersheds was devolved to the district engineers. NWP003077.
Even where adverse impacts are acknowledged, the Corps ignores its obligation to analyze and
quantify them, instead relying on the district engineers to perform the analysis on a project-by-
project basis. In the context of the public interest discussion regarding impacts to fish and
wildlife, for example, the Corps recognizes that NWP 48 may “alter the habitat characteristics of
tidal waters,” that “[s]ome species of aquatic organisms will benefit from those changes, while
other species will be adversely affected,” and that equipment used in commercial shellfish
operations may impede bird feeding activities and trap birds.” NWP003087. It then states:
The pre-construction notification requirement[] provides the district engineer with
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 19
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an opportunity to review those activities and assess potential impacts on fish and
wildlife values and ensure that the authorized activity results in no more than
minimal adverse environmental effects.
Id. This abdication of responsibility is not authorized under the CWA or NEPA.10
As discussed in the preceding sections, Headquarters’ prediction that the issuance of
NWP 48 would have minimal individual and cumulative impacts on the environment, though
repeatedly stated in the Decision Document, is not based on relevant evidence that a reasonable
mind might accept as adequate to support the agency’s conclusion, and the inclusion of general
permit conditions does not obviate the need to analyze the impacts of proposed federal action.
Thus, the Corps’ impact analyses are based in large part on the hope that district engineers will
mitigate any adverse environmental effects by revoking NWP 48, imposing regional or project-
based conditions, and/or requiring an applicant to seek an individual permit. In this context, the
Court finds that the Corps may not rely solely on post-issuance procedures to make its pre-
issuance minimal impact determinations. See Bulen, 429 F.3d at 502 (“We would have
substantial doubts about the Corps’ ability to issue a nationwide permit that relied solely on post-
10 The Corps’ analysis with regards to plastic debris discharged into the marine environment is
even more problematic. The Corps acknowledges the many public comments raising concerns about the
introduction of plastics into the marine food web, but relies on the fact that “[d]ivision engineers can
impose regional conditions to address the use of plastics” in response to these concerns. NWP003402.
The Seattle District, for its part, declined to quantify the impact of plastics, instead noting that “it would
not be a practicable solution to regionally condition NWP 48 to not allow the use of PVC and HDPE
gear as there are no current practicable alternatives to use of the materials.” COE 127559. The CWA
requires the Corps to make minimal adverse effect findings before issuing a general permit. If, as
appears to be the case with regards to the discharge of plastics from the permitted operations, the Corps
is unable to make such a finding, a general permit cannot issue. The Corps has essentially acknowledged
that it needs to individually evaluate the impacts of a particular operation, including the species grown,
the cultivation techniques/gear used, and the specific location, before it can determine the extent of the
impacts the operation will have.
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 20
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issuance, case-by-case determinations of minimal impact, with no general pre-issuance
determinations. In such a case, the Corps’ ‘determinations’ would consist of little more than its
own promise to obey the law.”).
CONCLUSION
A nationwide permit can be used to authorize activities involving the discharge of
dredged or fill material only if the Corps makes a determination that the activity will have only
minimal individual and cumulative adverse effects on the environment. In issuing NWP 48, the
Corps has opted to interpret the “similar in nature” requirement of 33 U.S.C. § 1344(e)(1)
broadly so that all commercial shellfish aquaculture activities in the United States could be
addressed in a single nationwide permit. That choice has made assessing the impacts of disparate
operations difficult: the Corps essentially acknowledges that the permitted activity is performed
in such different ways and in such varying ecosystems that evaluating impacts on a nationwide
level is nearly impossible. It tries to avoid its “statutory obligations to thoroughly examine the
environmental impacts of permitted activities” by promising that the district engineers will do it.
Hurst, 604 F. Supp. 2d at 901-02. The Court finds that the Corps has failed to adequately
consider the impacts of commercial shellfish aquaculture activities authorized by NWP 48, that
its conclusory findings of minimal individual and cumulative impacts are not supported by
substantial evidence in the record, and that its EA does not satisfy the requirements of NEPA
and the governing regulations.
For all of the foregoing reasons, plaintiffs’ motions for summary judgment (Dkt. # 36 in
C16-0950RSL and Dkt. # 31 in C17-1209RSL) are GRANTED and defendant’s and intervenors’
cross-motions (Dkt. # 44 and # 45 in C16-0950RSL and Dkt. # 43 and # 44 in C17-1209RSL)
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 21
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 21 of 24
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are DENIED. The Corps’ issuance of a nationwide permit, at least with respect to activities in
the waters of the State of Washington, was arbitrary and capricious and not in accordance with
NEPA or the CWA. Pursuant to 5 U.S.C. § 706(2), the Court holds unlawful and sets aside NWP
48 insofar as it authorizes activities in Washington.
The only remaining issue is whether NWP 48 should be vacated outright to the extent it
has been applied in Washington, thereby invalidating all existing verifications, or whether equity
requires that the permit be left in place while the agency performs an adequate impact analysis
and environmental assessment to correct its unlawful actions. Idaho Farm Bureau Fed’n v.
Babbitt, 58 F.3d 1392, 1405 (9th Cir. 1995).
Although not without exception, vacatur of an unlawful agency action normally
accompanies a remand. Alsea Valley All. v. Dep’t of Commerce, 358 F.3d 1181,
1185 (9th Cir. 2004). This is because “[o]rdinarily when a regulation is not
promulgated in compliance with the APA, the regulation is invalid.” Idaho Farm
Bureau Fed’n[, 58 F.3d at 1405]. When equity demands, however, the regulation
can be left in place while the agency reconsiders or replaces the action, or to give
the agency time to follow the necessary procedures. See Humane Soc. of U.S. v.
Locke, 626 F.3d 1040, 1053 n.7 (9th Cir. 2010); Idaho Farm Bureau Fed’n, 58
F.3d at 1405. A federal court “is not required to set aside every unlawful agency
action,” and the “decision to grant or deny injunctive or declaratory relief under
APA is controlled by principles of equity.” Nat’l Wildlife Fed’n v. Espy, 45 F.3d
1337, 1343 (9th Cir. 1995) (citations omitted).
All. for the Wild Rockies v. United States Forest Serv., 907 F.3d 1105, 1121 (9th Cir. 2018).
Courts “leave an invalid rule in place only when equity demands that we do so.” Pollinator
Stewardship Council v. U.S. E.P.A., 806 F.3d 520, 532 (9th Cir. 2015) (internal quotation marks
and citation omitted). When determining whether to leave an agency action in place on remand,
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 22
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we weigh the seriousness of the agency’s errors against “the disruptive consequences of an
interim change that may itself be changed.” Cal. Cmties. Against Toxics v. U.S. E.P.A., 688
F.3d 989, 992 (9th Cir. 2012). In the context of environmental regulation, courts consider
whether vacating the invalid rule would risk environmental harm and whether the agency could
legitimately adopt the same rule on remand or whether the flaws were so fundamental that it is
unlikely the same rule would result after further analysis. Pollinator Stewardship, 806 F.3d at
532.
Despite the fact that both plaintiffs clearly requested vacatur as the remedy for unlawful
agency action, defendants provided very little evidence that would justify a departure from the
presumptive relief in this APA action. The federal defendants state that additional briefing as to
remedy should be permitted once the seriousness of the agency’s error is determined. The
intervenors assert that vacatur would cause disruption in the Washington shellfish farms and
industry, including significant impacts to employees and the communities in which they live.
Neither tact is compelling. The substantive defects in the agency’s analysis when adopting the
2017 NWP are significant, the existing record suggests that adverse environmental impacts will
arise if NWP 48 is not vacated, and, given the nature of the analytical defects and record
evidence that seagrass is adversely impacted in the immediate vicinity of shellfish aquaculture, it
seems unlikely that the same permit could issue following remand. As for the disruptive
consequences to Washington businesses, employees, and communities, more information is
required. As plaintiffs point out, shellfish growers can apply for individual permits (as they did
before 2007). In addition, the Court has the equitable power to allow a period of time in which
growers can avail themselves of that process before the existing verifications would be
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 23
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invalidated or to fashion some other equitable remedy to minimize both the risks of
environmental harm and any disruptive consequences.
While the current record does not support deviation from the presumptive remedy for an
APA violation, the Swinomish Indian Tribal Community has requested an opportunity to be
heard regarding the scope of the remedy. C18-0598RSL (Dkt. # 28). Swinomish also challenge
the Corps’ minimal impacts analyses in reissuing NWP 48, but, unlike the plaintiffs in the
above-captioned matters, does not seek vacatur of verifications or permits issued under the
NWP. The Court will accept additional briefing regarding the appropriate remedy.
Because there is a presumption in favor of vacatur, defendants, intervenors, and
Swinomish will be the moving parties and may file motions, not to exceed 15 pages, regarding
the appropriate relief for the APA violations discussed above. Only one motion may be filed in
each of the three cause numbers at issue, C16-0950RSL, C17-1209RSL, and C18-0598RSL. The
motions, if any, shall be filed on or before October 30, 2019, and shall be noted for consideration
on November 15, 2019. Plaintiffs’ responses, if any, shall not exceed 15 pages. Replies shall not
exceed 8 pages.
The Clerk of Court is directed to docket a copy of this order in Swinomish Indian Tribal
Community v. Army Corps of Engineers, C18-0598RSL.
Dated this 10th day of October, 2019.
A
Robert S. Lasnik
United States District Judge
ORDER HOLDING NWP 48 UNLAWFUL
IN THE STATE OF WASHINGTON AND
REQUESTING ADDITIONAL BRIEFING - 24
Case 2:17-cv-01209-RSL Document 65 Filed 10/10/19 Page 24 of 24
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BDN Supplemental Cumulative Impacts Report
April 2021 – Page 19
APPENDIX I
CORPS OF ENGINEERS AQUACULTURE PERMIT
APPLICATIONS AND APPROVALS – JEFFERSON COUNTY
2007-2016
Corps
Number Name Waterbody Latitude/ Longitude Cultivated & Fallow (acres) Acres not in Aquaculture Total Area (acres) Pending - Existing/ New Distance from NWS 2013-01268 NWS‐2007‐
01158
Coast Seafoods Co. Quilcene Bay 47.80314
-122.86462
25 0 25 Exst 10+
Miles
NWS‐2007‐
01412
Penn Cove Shellfish,
LLC‐‐Jefferson
Quilcene Bay 47.79098
-122.85165
21.57 0 21.57 Exst 10+
Miles
NWS-2008-
00247
J&G Gunstone Clams,
Inc.
Scow Bay 48.03709
-122.69741
0.5 0 0.5 Exst 12+
Miles
NWS-2008-
00502 Hood Canal
Mariculture
Hood Head 47.88373
-122.613858
5.74 5.74 Exst 3+
Miles
NWS-2008-
00564 J&G Gunstone Clams,
Inc. Discovery Bay 47.99585
-122.85116
8 0 8 Exst 15
Miles
NWS-2008-
00567 J&G Gunstone Clams,
Inc. – Jefferson 9 Diamond Point 48.07327
-122.9253
10 0 10 Exst 21+
Miles
NWS-2009-
01481 J&G Gunstone Clams,
Inc.
Scow Bay 48.03913
‐122.69844
0.5 0 0.5 Exst 12+
Miles
NWS-2012-
00362 Marrowstone Island
Shellfish LLC –
Hoffstater Lease
Marrowstone
Island
48.06131
-122.69074
1.11 0 1.11 Exst 12+
Miles
NWS-2012-
00377 Marrowstone Island
Shellfish LLC – Erving
Lease
Marrowstone
Island
48.0547
-122.69123
0.71 .18 0.89 Exst 12+
Miles
NWS-2012-
00379 Marrowstone Island
Shellfish LLC –
Buckland Lease
Marrowstone
Island
48.0547
-122.69324
0.45 0.11 0.56 Exst 12+
Miles
NWS-2012-
00380 Marrowstone Island
Shellfish LLC –
Johnson N. Lease
Marrowstone
Island
48.05898
-122.69729
0.6 0.15 0.75 Exst 12+
Miles
NWS-2012-
00381 Marrowstone Island
Shellfish LLC –
Rempel Lease
Marrowstone
Island
48.05368
-122.70137
0.37 0.09 0.46 Exst 12+
Miles
NWS-2012-
00421 Marrowstone Island
Shellfish LLC – Lunde
Lease
Marrowstone
Island
48.041
-122.69992
0.39 0.1 0.49 Exst 12+
Miles
NWS-2012-
1099
BDN LLC -
Mocean Shellfish
Squamish
Harbor
47.868025
-122.674814
0.56 0 0.56 Exst <1 Mile
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BDN Supplemental Cumulative Impacts Report
April 2021 – Page 20
Corps
Number Name Waterbody Latitude/ Longitude Cultivated & Fallow (acres) Acres not in Aquaculture Total Area (acres) Pending - Existing/ New Distance from NWS 2013-01268 NWS-2012-
1210
BDN LLC (WA
Shellfish)
Squamish
Harbor
47.867972
‐122.67377
5.3 5.3 Exst <1 Mile
NWS-2013-
01147 BDN (Brad Nelson)
Tjemsland Lease
Squamish
Harbor
47.867 ‐122.67505
0.73 0.73 Exst <1 Mile
NWS-2013-
01222 BDN (Brad Nelson) Squamish
Harbor 47.867
-122.675
0.92 0.92 Exst <1 Mile
NWS-2013-
01223 BDN (Brad Nelson)
Garten Lease Squamish
Harbor 47.867
-122.675
2.02 2.02 New <1 Mile
NWS-2013-
01268 BDN (Brad Nelson)
Smersh Lease
Squamish
Harbor 47.865422
-122.661214
5.15 10.62 10.62 New Subject
Project
NWS-2014-
00171
Penn Cove Quilcene Bay 3.1 3.1 New 10+
Miles
NWS-2016-
00021
Dabob Bay Oyster Co. Hood Canal 47.615667
-122.974537
11.28 11.28 New 20+
Miles
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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
May 07 2021
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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
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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
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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
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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
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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 39
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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 39
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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
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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.
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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.
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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
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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.
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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).
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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
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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.
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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
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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
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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.
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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)
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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.
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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
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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)
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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.
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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.
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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.
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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
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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.
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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 39
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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.
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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 39
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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
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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.
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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.
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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
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BDN, LLC Gear Management Plan - 1
BDN LLC AQUACULTURE GEAR MANAGEMENT PLAN
4/21/2021
Puget Sound Commercial Aquaculture Corps DA #NWS-2013-1268
(Smersh)
This Aquaculture Gear Management Plan is submitted on behalf of BDN LLC to
properly maintain its aquaculture gear on the above referenced parcel, reduce the
potential for gear escapement, and quickly recover gear that may be displaced by
storm activity.
1. Geoduck PVC tubes will be marked to identify ownership, including an
appropriate contact number.
2. Non-secured gear and equipment will be removed from the farm area when crews
are not present. This does not apply to planted gear. All gear installed in the
project area will be kept neat and secure.
3. Beaches within one-half mile of the farm shall be patrolled (subject to the beach
owner's permission to enter) by BDN on a weekly basis and within a day
following a severe storm event. Any observed geoduck farm gear or equipment
will be retrieved regardless of its source. Any equipment retrieved must either be
repaired and placed back into service or properly disposed of at an appropriate
upland disposal site.
4. In addition, BDN will retrieve or repair any escaped or damaged aquaculture
equipment that it encounters while conducting routine maintenance activities
associated with geoduck culture. If the escaped gear cannot be repaired and
replaced on the shellfish bed, it will be properly disposed of on land.
5. BDN will implement annual employee training regarding marine debris issues
and how to identify loose culture gear and proper gear repair and removal
methods.
6. BDN will conduct semiannual cleanups in Squamish Harbor in coordination
with other interested parties or organizations, which will include walking
portions of the bay and shorelines to pick up escaped shellfish gear and other
trash (regardless of whether it is generated by the project). The volume of
shellfish gear collected shall be recorded.
7. BDN will conduct an annual diver survey of its farmed parcels and adjacent
parcels, including photo and/or video documentation each parcel's appearance.
8. BDN plans to have a full-time manager living nearby the farm to quickly respond to
potential farm issues and implement the above maintenance tasks. The farm manager
will maintain a logbook of all such gear management activities.
May 07 2021
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BDN, LLC Gear Management Plan - 2
9. If more than 20 PVC tubes are observed to have escaped from the project area,
upon discovery, BDN will immediately contact the U.S. Anny Corps of
Engineers, Seattle District, Regulatory Branch Project Manager (Pam
Sanguinetti) at (206) 764-6904 or the Regulatory Branch main line at
(206)764-3495 to notify the Corps of the escapement. Simultaneously with
such notification, BDN will initiate actions to secure any untethered tubes or
other gear and to resolve any navigational hazards, as appropriate. BDN will
initiate an emergency inspection to document (including photos) the incident
and determine the cause of failure (e.g.storm conditions, etc.).
10. BDN will again contact the Corps by telephone within 72 hours of the original
notification to report on the results of the emergency inspection.
11. In the event of a significant escapement of tubes or other materials, or several
separate escapement events, the Corps may require preparation of a recovery and
repair plan. If such a plan is required, it must be based on professional
recommendations and discussions with the Corps. Upon approval of the proposed
plan by the Corps, BDN will implement the plan.
12. This necessity of this plan shall be reevaluated by the Corps and BDN upon the
culmination of each geoduck planting and harvest cycle, based on the success of
the preventative measures described herein, the observed potential for gear
escapement and required repair activities, and amount of escaped gear.
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Appellant
Exhibit 54 page 1342
May 07 2021
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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
May 07 2021
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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.
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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.)
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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
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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
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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.)
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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
May 07 2021
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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.
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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
May 07 2021
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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.
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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
May 07 2021
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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
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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 39
Page 510 of 561
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 39
Page 511 of 561
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 39
Page 512 of 561
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 39
Page 513 of 561
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 39
Page 514 of 561
Log Item 39
Page 515 of 561
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
May 07 2021
Log Item 39
Page 516 of 561
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 39
Page 517 of 561
Log Item 39
Page 518 of 561
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 39
Page 519 of 561
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 39
Page 520 of 561
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 39
Page 521 of 561
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 39
Page 522 of 561
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 39
Page 523 of 561
Log Item 39
Page 524 of 561
SEPA Environmental checklist (WAC 197-11-960) Responses Revised April 2021 Page 1 of 2
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:
May 07 2021
Log Item 39
Page 525 of 561
SEPA Environmental checklist (WAC 197-11-960) Responses Revised April 2021 Page 2 of 3
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 A1), Biological Evaluation Addendum, Confluence Environmental 10-13-16
(See Attachment A2), Second Addendum to Biological Evaluation, Confluence
Environmental 10-15-20 (See Attachment A3)
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, Revised September 2020 (See Attachment C.)
D. BDN Smersh Farm Cumulative Impacts Report, Confluence Environmental Company –
May 2019, Revised September 2020 (See Attachment D1) and Addendum – April, 2021
(See Attachment D2.) Log Item 39
Page 526 of 561
SEPA Environmental checklist (WAC 197-11-960) Responses Revised April 2021 Page 3 of 4
E. BDN Smersh Farm Habitat Management Plan and No Net Loss Report - Confluence
Environmental Company – Revised September 2020 (See Attachment E.)
(F. Intentionally omitted.)
G. 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 Plan (See Attachment I, Revised 2021 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
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additional approvals we understand are needed for this project:
A. U.S. Army Corps of Engineers approval under Nationwide Permit (NWP) 48,
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
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implemented an aquaculture gear maintenance plan, appended as Attachment I, 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 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
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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.
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.
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g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)?
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. Log Item 39
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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.
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. Log Item 39
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2) Could waste materials enter ground or surface waters? If so, generally describe.
No.
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. Log Item 39
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No threatened or endangered plant species are found on the site.
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 Log Item 39
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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
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) 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.
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There is no known contamination or possible contamination at the site from present or
past uses.
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. Log Item 39
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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
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
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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.
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. Log Item 39
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The proposed project will not affect current land uses on nearby or adjacent properties.
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?
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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
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:
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None
10. Aesthetics [help]
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
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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.
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.
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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.
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. Log Item 39
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e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
No.
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.
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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
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: _April 21, 2021___
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?
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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,
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.
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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):
May 07 2021
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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
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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
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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.
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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:
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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
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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
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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
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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
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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.
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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:
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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
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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 39
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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).
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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
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