HomeMy WebLinkAbout061 Email - ShowalterDonna Frostholm
From: Marilyn Showalter <marilyn.showalter@gmail.com> i
Sent: Monday, August 23, 2021 6:38 AM%
To: Donna Frostholm
Subject: BDN-Smersh Shine Community Letter: Corrected Email Addresses
Attachments: CR SHINE Com Itr BDN-Smersh 8-19-2021 CR.pdf
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Hello, Donna.
If possible, can you substitute the attached corrected August 19, 2021 Shine Community Letter regarding BDN-Smersh
for the one you received August 19. The attached document corrects several email addresses. The content of the letter
is the same.
Thank you --Marilyn
Marilyn Showalter
1596 Shine Rd
Port Ludlow, WA 98365
(360) 259-1700 (cell)
marilyn.showalter@gmail.com
1
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NEIGHBORS IN SHINE
Squamish Harbor, Hood Canal, Jefferson County, WA
Suec71@gmail.com UJ
I FEM
August 19, 2021
Jefferson County Hearing Examiner
Att: Development Review Division
Jefferson County Department of Community Development
621 Sheridan Street,
Port Townsend, WA 98368
By email: dfrostholm@co.jefferson.wa.us
Dear Development Review Division and Jefferson County Hearing Examiner,
Re: Urging Denial of BDN-Smersh Application MLA19-00036, SDP19-00008,
for a Geoduck Farm Off Shine Road, in Squamish Harbor, Hood Canal, WA
We are residents of the community of Shine, WA. Together, we represent decades of living on
the environmentally rich bay known as Squamish Harbor, Hood Canal, just west of the Hood
Canal Bridge. We urge you to DENY this application for a geoduckfarm on Shine Road, in
Squamish Harbor.
SITE PLAN OF ALL AREAS IN JEFFERSON COUNTY TO BE USED IN Ci MNECUMINI
BDN LLGSMERSH GEODUCK AQUACULTURE PROJECT- CASE # MLA It E RBak oOl1Nn
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This photo is the Project Area Plan Sheet provided in the BDN-Smersh application.
1
Shine Neighbors to Hearing Examiner
Re BDN-Smersh CUP, August 19, 2021
LOG ITEM
# 1�
We have watched with concern as commercial geoduck cultivation has expanded in Squamish
Harbor. On a geoduck farm, plastic tubes and nets are inserted every square foot for up to two
years. The tidelands are later liquified to three feet deep by hydraulic hose, in order to extract the
mature geoducks. These cultivation methods carry a host of potential consequences, including:
interference with the habitat of endangered species; noise disturbance of endangered species and
nearby residents; turbidity and relocation of sediment; release of carbon from the substrate;
ocean acidification; microplastics in marine and human food chains; plastic debris on beaches
and in the water; damage to native eelgrass; interference and danger to users of public waters and
parks, and more. The BDN-Smersh application carries specific dangers and risks, including:
The proposed geoduck farm is incompatible with the use and enjoyment of Hicks Park.
This year marks the 75t' anniversary of Hicks County Park.' This rare county park and public
boat launch is located immediately west of the proposed geoduck farm, sharing a common land
and tideland boundary. Tourists and county residents alike use this park for crabbing, clamming,
wading, swimming, paddling, floating, beach combing, launching kayaks/canoes and motor
boats, barbequing, picnicking, and just sitting and taking in the beautiful view. It is used in
summer and winter, at high tide and low tide, week days and weekends. It is used by adults and
children.
Families, including wading and swimming children, enjoying Hicks Park. Rock jetty marks
Smersh boundary line and proposed geoduck farm. By Marilyn Showalter, July 29, 2020
'According to the Jefferson County Auditor's records in Commissioners' Proceedings, Resolution B222,
on December 4, 1946, "Mr. W.R. Hicks of Shine appeared before the Board and stated that he would like
to give to Jefferson County for the benefit of the public a piece of waterfront near Shine and he signed a
deed giving Jefferson County ownership ... NOW THEREFORE, BE IT RESOLVED by the by the
Board of Jefferson County Commissioners, that this real property be accepted by Jefferson County and
dedicated as a PUBLIC PARK forever, and to be known as `HICKS PARK.' BE IT FURTHER
RESOLVED, that the thanks of Jefferson County be extended to the said William R. Hicks for his
generosity and public spirit." (All -caps in original) Mr. Smersh now owns Mr. Hicks's old homesite and
remaining tidelands, and hopes to use the public's waters for his private benefit.
2
Shine Neighbors to Hearing Examiner LOG I"
Re BDN-Smersh CUP, August 19, 2021
IPF
The application proposes to insert more than 40,000 PVC tubes per acre, on five acres, i.e., more
than 200,000 tubes z. Each 10-inch tube will protrude up to seven inches above the sea -floor. No
nets will hold the tubes in place. It is a certainty (based on BDN's other geoduck farm on Shine
Road) that hundreds, perhaps thousands, of tubes will be loosened by the area's strong winds and
tidal action, generally pushing them west, onto the Hicks Park tidelands. When covered by
water, these tubes pose an extreme hazard to paddlers, boaters, swimmers, and waders, especially
young children, whose feet may be smaller than the diameter of the tubes. When exposed, the
tubes are hazardous as well as unsii~htly. comUromisina the natural settina of the bark.
Above left: What Smersh tidelands would look like if the application is approved. Tubes pose an extreme
hazard to waders and paddleboarders. Photo is of BDN's current geoduck farm ''/: mile from Hicks Park, by
Sue Corbett, March 24, 201S. Other photos by Marilyn Showalter. Upper right: Paddleboarders, Hicks Park,
Smersh tidelands (submerged) in background, July 3, 2017. Lower left: Boys wading at Hicks Park, Smersh
tidelands and boat in background, Aug 18, 2020. Lower right: Girls running in water at Hicks Park 7-30-2021.
=w.0
12!t k ,
z More precisely, BDN seeks authorization to insert 43,560 tubes/acre x 5.15 acres, or 224,334 tubes.
That is 35.4 miles of tubes, and 61 TONS of plastic. (Each tube and band weighs 8.7 ounces.)
3
Shine Neighbors to Hearing Examiner
Re BDN-Smersh CUP, August 19, 2021
LOG ITEM
Page�7
Just as problematic for park visitors is the harvesting method. For each geoduck to be harvested,
the application proposes to use a water jet, powered by a diesel engine, that liquifies the sand to
three feet deep, in order to extract the geoduck. According to the application', this process will
go on for three to six hours per harvesting day, over one to two years, mostly underwater but
also on exposed geoduck tidelands. If planting is staggered among plots, harvesting could go on
every year, permanently. The constant engine noise will interfere with enjoyment of a natural
setting. (This incessant noise is different from a boat that launches into the water over a few
seconds.) In addition, the turbidity resulting from the sand that is displaced will interfere with
visibility for wading crabbers or other waders, making it impossible to see crabs and dangerous
to wade onto unseen objects, including tubes.
s MLA 19-00036 -Laserfiche WebLink_[jeFfersnn.wa.us), JARPA pdf pp 6-7/15,
or MLA 19-00036 BDN - Laserfiche WebLink fleffersonma.usl Item 39 pdf pp 532-3/561
Shine Neighbors to Hearing Examiner
Re BDN-Smersh CUP, August 19, 2021
LOG Teti;
Page ;L 7z, L
The proposed geoduck farm poses risks to marine life, including threatened and
endangered species.
According to the application, the area near the site is host to threatened or endangered species
"Hood Canal Summer -Run Chum, Marbled Murrelets, Puget Sound chinook, Puget Sound
steelhead, Bull Trout, Yelloweye rockfish, Boccacio Rockfish, and Southern Resident Killer
Whale."4 Squamish Harbor also holds documented spawning grounds for the important feeder
fish herring, sand lance, and smelt. It is also, in undisturbed places, rich in native eelgrass,
which is essential habitat for feeder fish and other species. Other marine and shoreline species
observed in Squamish Harbor include Pigeon Guillemots, Kingfishers, herons, Bald eagles,
Canada geese, harbor porpoises, river otters, and many more.
Marbled Murrelet (Brachyramphus marmoratus)
Some of us have observed Marble Murrelets feeding directly over the proposed site.
The Marbled Murrelet nests only in old -growth trees, which may be 50 miles from its feeding
waters. It lays a single egg, which if hatched it must leave for hours at a time and return with a
single fish for feeding. This challenge may help explain why Marbled Murrelets are not thriving
and have been found emaciated. Safe and ample feeding grounds are extremely important to the
survival of the endangered Marble Murrelet. Squamish Harbor is a known feeding ground, but
the proposed operation would run a diesel engine three to six hours per day precisely during the
Marbled Murrelet's diving hours. Other diving birds are known to be noise sensitive. It is likely
the Marble Murrelet is sensitive, as well, but there is not enough research to know. Given this
lack of specific but important knowledge, hydraulic harvesting should be prohibited at this site.
4 MLA 19-00036 - Laserfiche WebLink 'efferson.wa.us , Application files SEPA Checklist, pdf p. 10/22,
or MLA 19-00036 BDN - Laserfiche WebLink defferson.►va.us] Item 39 pdf p. 534/561
5
Shine Neighbors to Hearing Examiner
Re BDN-Smersh CUP; August 19, 2021
Native Eelgrass (Zostera marina)
LOCH ITEM
Page--��{
Due to its rich environmental assets, Hood Canal has been designated by the state as a Shoreline
of Statewide Significance.5 Squamish Harbor, including Smersh's tidelands, teems with native
eelgrass, which is critical habitat for herring, crabs, and many other sea creatures. There are
many efforts around the state to protect and restore this foundation of marine ecology. BDN's
current operation destroys eelgrass by dragging a heavy hose across it and trampling it during
harvesting. This kind of degradation won't be remedied by the proposed 16-foot buffer between
Fish Stream
This particular owner on this particular site has already compromised a fish stream that runs
through his property and onto his tidelands. As documents in Attachment A show, soon after
Mr. Smersh bought his property, he moved the stream, which had been populated by salmonids,
brought in 180 yards of fill, and constructed a bulkhead and culvert that blocked fish access —all
without a permit. After a complaint in 1993 by a Point No Point Treaty biologist, the County
issued a stop -work order. The culvert was modified, but the stream remained rechanneled. The
stream buffer was later compromised by a gravel road and parking area the applicant proposes to
use on Parcels # 970200001-2. Mr. Smersh should not be permitted to degrade fish habitat even
further, by drastically altering the natural state of the tidelands.6
5 Shorelines of statewide significance - Washington State Department of Ecology Priority uses are to "recognize
and protect the statewide interest over local interest; preserve the natural character of the shoreline; result in long
term over short term benefit; protect the resources and ecology of the shoreline; increase public access to publicly
owned areas of the shorelines; increase recreational opportunities for the public in the shoreline"
6 If anything, Mr. Smersh should work to restore the stream. Further upstream, the state spent $1.4 million to build a
large fish -passage culvert under SR 104. Washington State Fish Passage, Barrier Correction Site ID: 992196
6
Shine Neighbors to Hearing Examiner
LoV i i cev�
Re BDN- Smersh CUP, August 19, 2021
Page o
The operator -applicant has a bad track record in Squamish Harbor.
"BDN" (Brad Nelson), the would-be the operator of the proposed geoduck farm, already
operates a 3.58-acre geoduck farm in Squamish Harbor, '/z mile west of the proposed site. A
long and serious list of complaints and failures is on file with the U.S. Army Corps of
Engineers.7 Examples include:
Failure to Retrieve Displaced Tubes
BDN tubes strewn on beach west of BDN's current geoduck farm. Photo by Sue Corbett, December 27, 2014.
Since BDN began his current operation in Squamish Harbor, PVC tubes have constantly escaped
and remained on the beach or under water. For example, on January 31, 2020, a storm with wind
gusts of 50 mph caused the Hood Canal Bridge to close for 6 1/2 hours. BDN's Federal permit
requires that "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." S
' Any shellfish farm is required to have a permit from the Army Corps. BDN has no County permit for his current
operation, as it was "grandfathered" in 2014, when Jefferson County adopted its current Shoreline Master Program.
8 MLA 19-00036 - Laserfiche WebLink "effersort.wa.us , Application files SEPA Att H, pdf p. 25/86,
or MLA 19-00036 BDN - LaserCche WebLink 'effersonma.us Item 39 pdf p. 432/561
7
Shine Neighbors to Hearing Examiner
Re BDN-Smersh CUP, August 19, 2021
LAG ITEM
Page_ -cW
After the January 31, 2020 storm, Shine neighbors Bruce Case and Sue Corbett observed many
tubes and other gear washed up on the beach, including within '/z mile of BDN's geoduck farm.
No one came to pick them up, and on February 5, Bruce Case collected 66 tubes and placed them
in a pile on BDN's beach. The next day, Mr. Case picked up at least 36 more. On February 10,
he added 53 more. This went on for three months, through May 4, 2020, during which Sue
Corbett and Bruce Case picked up 312 tubes. All of them were stamped `BDN." During that
whole period, they saw only two occasions when BDN or his assistants picked up any tubes, and
even then, they did not pick up all of them.
�.
' 010
`
r
BDN tubes collected by Bruce Case and Sue Corbett.
Photo by Sue Corbett, February 11, 2020.
. err r:3g�•� '
Identification of tubes as BDN's. Photo by Sue
Corbett, February 16, 2020.
Tubes in tideline. Squamish Harbor, west of BDN's current geoduck farm. By Sue Corbett, Feb 15, 2020.
8
LOG ITEM
Shine Neighbors to Hearing Examiner ,,'
Re BDN-Smersh CUP, August 19, 2021
Pay jj0f '-2-4
Failure to Remove a Capsized Boat and Dinghy
On November 16, 2019, there was a storm with gusts of 50 mph. The next day, BDN's skiff,
which he anchored more or less permanently in Squamish Harbor (with no night lights), began to
sink. Apparently, someone alerted the Coast Guard, because a Coast Guard helicopter came and
circled around the harbor for about 30 minutes. Then a Washington Fish and Wildlife boat came
and maneuvered close to the skiff. Later a raft arrived and pushed the skiff to shore. The dive
flag on the skiff had been left up, which might have been the concern for whoever made the call
to the Coast Guard.
By November 19, 2019, debris from the skiff had washed onshore: 5 black plastic crates, a large
mat, and a dive tank. A long yellow electrical cord was drifting out from the skiff. The skiff
was finally removed November 20, 2020, but the dinghy with loose batteries remained, as of
November 21, 2020.
Left: partly submerged skiff with floating electrical
cord. Photo by Sue Corbett, November 18, 2019
9
Right: dinghy with batteries floating tideline.
Photo by Marilyn Showalter, November 21, 2019
Shine Neighbors to Hearing Examiner LOG ITEM
Re BDN-Smersh CUP, August 19, 2021
�'a� Harvesting During a Prohibited Period, in Violation of Federal Perm
Under BDN's Federal permit, he is prohibited from harvesting from February 1 st through April
30th.9 This is for the protection of an endangered species, Hood Canal Summer -Run Chum.
On six occasions during the prohibited period, February 7, 13, 14, 18, 20, and 22, 2021, BDN
harvested geoducks in Squamish Harbor. The crates of harvested geoducks were moved by boat
to Port Ludlow Marina and transferred to BDN's refrigerated van. These events were observed
by Sue Corbett, Jan Wold, Paul Steenberg, and Marilyn Showalter, and were reported to BDN's
Federal permit holder, the U.S. Army Corps of Engineers. On March 4, 2021, the Corps of
Engineers sent BDN a "Letter of Noncompliance." (Attachment B.) Further action is pending.
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February 22
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Crates of BDN's geoducks harvested from Squamish Harbor. Tag with label "Seaproducks, Inc,' BDN's
company, says "Harvest Date: 2-22-2021. Harvest Location: Hood Canal. Type of Shellfish: Geoduck 308 lbs.
Shine 4" Photos by Paul Steenberg, February 22, 2021.
9 Application files SEPA Att H, pdf p. 3/86 at MLA19-00036 - Laserfiche WebLink f iefferson.wa.usl
Or MLA19-00036 BDN - Laserfiche WebLink ijefferson.wa.usl Item 39 pdf p 438/561
10
Shine Neighbors to Hearing Examiner
Re BDN-Smersh CUP, August 19, 2021
LOG ITEM
Page�_of 21
We have laid out only some of the reasons this application should be denied. The site is
incompatible with Hicks Park. The operation would interfere with threatened and endangered
species, feeder fish, native eelgrass, and the local marine ecology. Cumulatively, it would add to
an already over -stressed but precious Hood Canal, a Shoreline of Statewide Significance.
Finally, both Mr. Smersh and BDN/Brad Nelson have proven themselves unreliable as good
stewards of our shorelines, and unqualified to receive approval of this application.
Thank you for considering these comments.
Sue e"4&
Sue Corbett
31 Churchill Lane
Port Ludlow, WA 98365
Suec71 @gmail.com
one of 70 Shine neighbors and supporters
Attachment A (Bones Creek documents)
Attachment B (Letter of Noncompliance)
Randy Corbett
31 Churchill Lane
Port Ludlow, WA 98365
rlcor(a�msn.com
Jan Wold
POB 1340 Poulsbo, WA 98370
'.creek a.hotrnail.cotrt
Paul Steenberg
POB 1340, Poulsbo, WA 98370
tanevaho@hotmaii.com
Marilyn Showalter
1596 Shine Rd
Port Ludlow, WA 98365
marilyn.showalter@gmaii.com
Steve Aos
1596 Shine Rd.
Port Ludlow, WA 98365
steveaoSL1)msn.coin
11
LOG ITEM
Shine Neighbors to Hearing Examiner 4,
Re BDN-Smersh CUP, August 19, 2021 Page
-L-1-01-,9:4.
John Fabian Stephanie Harlow
100 Shine Road 641 Shine Road
Port Ludlow, WA 98365 Port Ludlow, WA 98365
fabian{c` ]r,olympus.net sharlow623&hotmail.com
Donna Fabian Dawn Harris
100 Shine Road 110 Churchill Lane
Port Ludlow, WA 98365 Port Ludlow, WA 98365
Donna.fabian a,rocketmail.com dawnhew65, c�i7�, nai l.com
Marcia Case Mike Harris
531 Shine Road 110 Churchill Lane
Port Ludlow, WA 98365 Port Ludlow, WA 98365
Casemarcia mail.com mccash70 c�7x,�,mai I.com
Bruce Case Bob Gebo
531 Shine Road 295 Margaret Street
Port Ludlow, WA 98365 Port Ludlow, WA 98365
bruce.marciacasead gmail.coin siora36 mail.com
Tony Brenna Sue Heston
110 Harborview Place 295 Margaret Street
Port Ludlow, WA 98365 Port Ludlow, WA 98365
bren un(gof m us.net sjora36@gmail.com
Elena Rodriguez Michael Tripp
110 Harborview Place 1680 Shine Road
Port Ludlow, WA 98365 Port Ludlow, WA 98365
emrod rr.oiympus.net michaeI crshirtco.corn
Marcia Schwendiman Ann Johnson
23 Longmire Lane 101 Merredith Street
Port Ludlow, WA 98365 Port Ludlow, WA 98365
marciaschwendiman c�gmaiI.com annw'ohnson hoimail.com
Barry Cullen Steve Dittmar
23 Longmire Lane 30 Watney Lane
Port Ludlow, WA 98365 Port Ludlow, WA 98365
barryjc758@gmail.com S W Dittmar@t;ntai I.corn
Jim Weitkamp Kathy Dittmar
641 Shine Road 30 Watney Lane
Port Ludlow, WA 98365 Port Ludlow, WA 98365
shiw25I O(2msn.com k,,ttliydittmar@hotmail.com
12
LOG
Shine Neighbors to Hearing Examiner Page
Re BDN-Smersh CUP, August 19, 2021
Patti Marquis Vallyn Henderson
1662 Shine Road 82 Longmire Lane
Port Ludlow, WA 98365 Port Ludlow, WA 98365
cpmarquis@yahoo.com va!! n59 a mail.com
Charlie Marquis Scott Anderson
1662 Shine Road 90 Churchill Lane
Port Ludlow, WA 98365 Port Ludlow, WA 98365
c mai uis777 mai[.com sda const3 n,g.com
Cindy Harris Cindy Anderson
60 Churchill Lane 90 Churchill Lane
Port Ludlow, WA 98365 Port Ludlow, WA 98365
ci1dyh2 a comcast.net eindyealand@,gmail.eom
George Harris Nezam Tooloee
60 Churchill Lane 162 Longmire Lane
Port Ludlow, WA 98365 Port Ludlow, WA 98365
P-omb[t15I@gmail.com Nezain@earthiink.net
Bill West Nelie Anderson
1482 Shine Road 162 Longmire Land
Port Ludlow, WA 98365 Port Ludlow, WA 98365
bcwest0l01(�ia rI.,�f, nail.com nelliac@gmail.com
Cheryl West Ronald Hildebrandt
1482 Shine Road 262 Margaret St
Port Ludlow, WA 98365 Port Ludlow, WA. 98365
bcwest0101 c mail.com rdhildebrandt a,hotmail.com
Jim Simpkins Marcia Hildebrandt
1290 Shine Road 262 Margaret St
Port Ludlow, WA 98365 Port Ludlow, WA 98365
irnsimpkiiis1958 cagmail.com winged monke s hotmail.com
Susan Simpkins Carolyn Eagan
1290 Shine Road 235 Margaret St
Port Ludlow, WA 98365 Port Ludlow, WA 98365
,imsimpkins1958ggmail.com Carol n.a.ea an mail.com
Bob Henderson Chris Eagan
82 Longmire Lane 235 Margaret St
Port Ludlow, WA 98365 Port Ludlow, WA 98365
vall n59 a mail.com Chris_ Eagan@hotmail.com
13
LOG ITEM
Shine Neighbors toC Hearing Examiner pagQ�
Re BDN-Smersh CUP, August 19, 2021 �j '
ZV
John Simpson Jennifer Stroh
941 Shine Rd 112 Margaret Street
Port Ludlow, WA 98365 Port Ludlow, WA 98365
1bs8893@insn.com Jennstroh@,gi-nail.com
Katherine Gower Simpson Mike and Kerri Patterson
941 Shine Rd 1342 Shine Road
Port Ludlow, WA 98365 Port Ludlow, WA. 98365
Kaower.simpson crgmail.com spikeap@gInail.com
Ed Davis
1254 Shine Rd
SUPPORTERS
Port Ludlow, WA 98365
ed47inshine &amail.com
Dan Merkle
1325 0 Ave., #940
Sara Davis
Seattle, WA 98101
1254 Shine Rd
danmgmsfseattle.com
Port Ludlow, WA 98365
(Shine resident 2004 - 2020)
saraonsltine -gmail.co_m
Nan Woodman
Mike and Mary (Rothelle) Page
2308 NE Trail Way
51 Merredith St
Poulsbo, WA 98370
Port Ludlow, WA 98365
nanwoodman@gmail.com
page 1 152@hotniail.com_
Bernadette and Ron Olson
Amy and Bartt Chipman
P.O. Box 655
70 Merredith St
2460 Tekiu Rd NW
Port Ludlow, WA 98365
Seabeck, WA 98380
puyvallevgirl@gmail.com
bernadetteolsonL61iotmail.com
Jarilyn and Mike Rust Michael Maddox
101 Madrona Vista PI Recently of Poulsbo, WA
Port Ludlow, WA 98365 Currently traveling the USA
irustinrust,);mail.com gnarswoae gmail.corn
David and Linda Findlay Kathryn Townsend
210 Shine Rd 7700 Earling Street NE
Port Ludlow, WA 98365 Olympia, WA 98506
dwf1020@ginail.com kath.towiisend@gmaii.com
Russ and Carolyn Fairbanks Patrick Townsend
313 Margaret St. 7700 Earling Street NE
Port Ludlow, WA 98365 Olympia, WA 98506
caroiynfairbanksgmail.com PatrickPatrick.townsend�townsendsecuritycom
14
Attachment A
•
July 13, 1993
Point No Point Treaty Council
Port Gamble S'Klallam • Lower Elwha Klallam • Jamestown Klallam • Skokomish
L. Q12 �
Page ,
RECEIVED
JEFFERSON COUNTY
PERMIT COWER
John Boettner
Washington Department of Fisheries
502 High Street
Suite 112
Port Orchard, WA 98366
Dear John,
I would like to report a probable Hydraulic Permit violation on
East Squamish Creek (aka Bones Creek), located in T27, R1E, S3. The
stream was put in a culvert from the south side of Shine Road to
the mouth at Hood Canal (about 100 feet). The elevated culvert
currently prevents fish access up the stream. The stream was re-
routed along the east side of property mapped as C. Hicks on the
Metzger's plat map (due south of Madrona Vista Road). The property
was bought by James Smersh (3400 Island Crest Lane, Mercer Island,
WA 98040) in 1990, according to Jefferson County Tax Assessor's
office. A septic permit was issued to Smersh in 1991, according to
the Jefferson County Permit Center.
According to Robert Garten ((206)437-2852), a neighbor, the stream
was culverted less than two years ago. Garten claims that the
stream used to flow southwest across the property, with the mouth
of the stream about 20 feet east of the concrete boat ramp at the
County Park property to the west. He says that he fished this
stream as a kid and caught large sea -run cutthroat. In electroshock
surveys, I found an abundance of cuthroat trout and the stream also
has potential for small populations of chum and coho salmon, with
2 miles streamlength of spring fed stream containing cutthroat.
According to Garten, the neighbor to the east of Smersh, Theodore
C. Mitchell,( P.O. Box 645, Citrus Heights, CA 95610)abjected at the
time and wrote a letter to Smersh. I've left a voice message with
Mitchell on July 11, 1993 to send me any information he has on the
exact time that the stream was re-routed.
Sea -run cutthroat -and perhaps salmon have already missed at least
one season of spawning access to this stream. I am requesting that
Jefferson County flag this property to insure that no building
permits are issued until this potential violation is investigated
and resolved. I am asking you to please investigate and take
appropriate action. If the landowner put in the culvert within the
Port Gamble SWallam Fisheries Office 0 31974 Little Boston Road 0 Kingston, Washington 98346 • (206) 2974792
•
l
last two years and without an HPA, I would hope that fisheries
would press full charges and also require that the culvert be
removed before September 1, 1993, with the stream restored to as
close to it's original condition as possible.
In addition, Mr. Smersh appears to have conducted bulkheading and
filling behind shoreline loge without an HPA as well. Mr. Garten
claims that there was no fill in this area_ prior to Mr. Smersh's
ownership. I would ask that fisheries require removal'of. fill if
this is indeed an HPA violation.
I would be interested in discussing restoration measures needed.
Please let me know if I can be of further assistance.
Please respond in writing as to the action taken on this matter by
July 25, 1993. t
Sincerely,
Peter Bahls
Habitat Biologist
cc
LVUGf/ -I I.CIV!
"/
Page %L4 0► 21-
Alice King, Jefferson County Permit Center
Steve Kelinowski, Washington Department of Wildlife
LOG_ TEI ;
ItKO
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FR -� Q MFERSON CflUNIY
PERMIT CENTER
OC iir , R. i i • J i{'�i'.tIAI..'•
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AWTI
DN REC U.
DATE: 6y �.0��( dw- �f3 ���" LC I %a
NAME: � �V�
MAILING ADDRESS.
Page
PHONE NO:
SITE ADDRESS:
POSTAL DISTRICT:
VIOLATION: 0
SECTION TOWNSHIP RANGE PARCEL
DATE:
VIOLATION: YES NO
COMMENTS:
Zia ft ( e— liISf/'7�L d�em,1
P
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DATE:
ACTION TAKEN:
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Regulatory Branch
Mr. Brad Nelson
BDN, LLC
3011 Chandler Street
Tacoma, Washington 98409
Dear Mr. Nelson:
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, SEATTLE DISTRICT
P.O. BOX 3755
SEATTLE, WASHINGTON 98124-3755
March 4, 2021
Attachment B
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Page
Reference: NWS-2017-230-AQ
BDN LLC
(Geoduck Farm)
In response to a complaint, my staff is investigating the work performed on your tidelands
(parcel numbers 821334079, 821334011, 821334073) in Squamish Harbor near Port Ludlow,
Jefferson County, Washington. Based on the available information, you may have harvested
shellfish outside of the approved work window in Squamish Harbor.
You may not be in compliance with Special Conditions "a" and "b" of your permit which
requires:
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
Section 7 consultation Biological Opinion with non -discretionary "incidental take" provisions
with which you must comply). The Programmatic Biological Opinions for Shellfish Activities in
Washington State Inland Marine Waters (BOs) - the National Marine Fisheries Service (NMFS)
and Errata, dated September 2, 2016 and September 30, 2016, respectively (NMFS Reference
Number WCR-2014-1502), and the U.S. Fish and Wildlife Service (USFWS), dated
August 26, 2016 (USFWS Reference Number 01EWFW00-2016-F-0121), contain mandatory
terms and conditions to implement the reasonable and prudent measures associated with the
specified "incidental take". The authorization under this Corps permit is conditional upon your
compliance with all of the mandatory terms and conditions associated with incidental take of the
BOs. These terms and conditions are incorporated by reference in this permit. Failure to comply
with the terms and conditions associated with incidental take of the BOs, where a take of the
listed species occurs, would constitute an unauthorized take, and it would also constitute non-
compliance with your Corps permit. The USFWS and NMFS are the appropriate authorities to
determine compliance with the terms and conditions of its BO and with the ESA.
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b. In order to meet the requirements of the Endangered Species Act (ESA) and Magnuson -
Stevens Fishery Conservation and Management Act (MSA), you must comply with the
conservation measures in the Programmatic Biological Opinions for Shellfish Activities in
Washington State Inland Marine Waters (BOs) - the National Marine Fisheries Service (NMFS)
and Errata, dated September 2, 2016 and September 30, 2016, respectively (NMFS Reference
Number WCR-2014-1502), and the U.S. Fish and Wildlife Service (USFWS), dated
August 26, 2016 (USFWS Reference Number OIEWFW00-2016-F-0121). These conservation
measures are included in the enclosed document, Enclosure 1, Conservation Measures for
Activities Covered under the Shellfish Activities Programmatic Consultation Biological
Opinions. If you cannot comply with these conservation measures, you must, prior to
commencing your activity, contact the U.S. Army Corps of Engineers, Seattle District,
Regulatory Branch for individual ESA/MSA consultation. The USFWS and NMFS are the
appropriate authorities to determine compliance with the ESA.
Your entire project area is in designated critical habitat for Hood Canal summer -run chum
salmon. Performing work outside of the work window is non -compliant with the terms and
conditions of your previous verification, and we direct you to do no further harvesting between
February 1 and April 30, in any given year, at this site. Conservation Measure 33 requires:
33. In Hood Canal summer -run chum salmon designated critical habitat: Between February
I and April 30, shellfish planting and harvesting shall not occur within 1 S feet waterward of
the waterline (tideline) to protect juvenile chum salmon. In addition, shellfish activities
which increase turbidity in the nearshore water (e.g., geoduck harvest) shall not occur at all
during this timeframe.
Please read the enclosure entitled Clean Water Act and Rivers and Harbors Act Extracts
and Definitions which describes laws that may apply to the unauthorized work. Failure to
cooperate in this matter could also result in the assessment of administrative civil penalties under
33 CFR Part 326 and/or a directive to remove any fill placed under this permit. Please read the
enclosure Clean Water Act Class I Administrative Penalties for more information.
On June 11, 2020, the District Court for the Western District of Washington issued final
orders invalidating authorizations for commercial shellfish aquaculture operations under 2017
Nationwide Permit (NWP) 48, Commercial Shel f sh Aquaculture Activities, in the state of
Washington. In accordance with that order, beginning on August 11, 2020, activities currently
authorized under 2017 NWP 48 will no longer be authorized.
However, for those with verifications under the 2017 NWP 48, the court order allows
certain activities to occur if the U.S. Army Corps of Engineers, Seattle District (Corps) receives a
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new permit application for the project by December 11, 2020. Specifically, 2017 NWP 48
verification holders, who submit a new permit apnlication by December 11 2020, may:
1. Continue seeding and planting new shellfish crop until December 11, 2020 in areas of the
project that do not contain mature native eelgrass beds; and
2. Until the expiration of their current 2017 NWP 48 verification, continue maintenance and
harvest activities for shellfish planted or seeded on or before December 11, 2020.
3. Commercial shellfish aquaculture verified under 2017 NWP 48 that provides treaty
harvest in furtherance of adjudicated treaty rights may continue in accordance with the
terms of the verification, provided that a request for authorization is submitted to the
Corps by December 11, 2020.
The Corps received your request for application on December 4, 2020. You are reminded
that you are required to perform work in compliance with your enclosed 2017 NWP 48
verification, and the above referenced court order.
National Marine Fisheries Service and U.S. Fish and Wildlife Service will receive a copy of
this letter, because the failure to comply with the terms and conditions associated with incidental
take of the BOs, where a take of the listed species occurs, would constitute an unauthorized take,
as detailed above in special condition "a".
To assist in the evaluation of this potential violation, I request the following information:
a. As -built drawing of the locations where harvesting occurred. Enclosed for your use is a
copy of your permit drawings from previous verification. You should make any necessary
changes to the sketch to reflect current conditions, sign, and return with your other comments.
b. If work was occurring, who did the work? If a contractor, please furnish name, address,
and telephone number.
c. Date(s), time, and duration of any harvesting occurring after January 31, 2021.
d. Reasons why work was started during the work -window closure.
e. Property ownership as of January 21, 2021 and at time of work/activity.
LOG ITEM
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Please furnish the requested information within 30 days from the date of this letter. Your
comments will be beneficial in resolving this matter. If you have any questions concerning your
reply, please contact Ms. Daisy Douglass at daisy.p.douglass@usace.army.mil or at
(206) 764-6903.
Sincerely,
Alexander "Xander" L. Bullock
1 Colonel, Corps of Engineers
District Engineer
Enclosures