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HomeMy WebLinkAbout067 Email - Port Gamble S'Klallam TribeDonna Frostholm From: DCD Front Staff Sent: Thursday, August 19, 2021 8:54 AM To: Donna Frostholm Subject: FW: Comment Letter - Permit # MLA19-00036 Attachments: notice_001.pdf, PGST Geoduck Farm Comment Letter.pdf This has been saved in the digital MLA folder. For your review. Jodi Adams Permit & Admin Manager Phone 360-379-4494 -----Original Message ----- From: Joshua Carter <jcarter@pgst.nsn.us> Sent: Tuesday, August 17, 2021 10:27 AM To: DCD Front Staff <dcd@co.jefferson.wa.us> Subject: Comment Letter - Permit # MLA19-00036 LOG ITEM 'aged CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, Please see the Port Gamble S'Klallam Tribe's comment letter for the geoduck farm proposal located near 1160 Shine Rd, Port Ludlow (the notice is also attached). Please reply to confirm that you have received this and that it has been forwarded to the person handling public comments for this project. Thank you, Josh Carter Josh Carter Environmental Scientist Port Gamble S'Klallam Tribe Office: (360)297-6286 Cell: (360)620-0927 JEFFERSON COUNTY PUBLIC NOTICE OF TYPE III LAND USE APPLICATION AND PENDING SEPA DETERMINATION L_J LIEM MLA19-00036 .x u!- APPLICANT:.��N JAMES M SMERSH Lf� f PO BOX 1246 MERCER ISLAND WA 98040-1246 Application Received Date: April 8, 2019 Application Complete Date: July 10, 2019 Application Notice Date: July 21, 2021 SITE ADDRESS AND PROJECT LOCATION: 1160 SHINE RD, PORT LUDLOW PROJECT DESCRIPTION AND REQUIRED PERMITSISTUDIES: Shoreline conditional use, shoreline substantial development, and flood development application for new Pacific geoduck (Panopea generosa) farm on 5.15 acres of tidelands in Squamish Harbor. The geoduck planting area extends from about +2 feet mean lower low water (MLLW) to approximately -1-foot MLLW to -2-foot MLLW. The proposed aquaculture will be located at least 16.4 feet from the edge of a native eelgrass (Zosfera marina) bed. The geoduck farm will use four -inch -diameter by 10-inch-long PVC tubes placed into the substrate during low tide. One PVC tube will be inserted per square foot of planting area, with three- to five inches of the tube exposed above the substrate surface. Geoduck seed will subsequently be placed in the installed and submerged tubes by divers. Once a geoduck seed is planted, the tube will then be covered with mesh caps and secured with UV -resistant rubber bands. After two years, the tubes will be removed, and geoducks will be harvested about five or six years after planting. The following upland parcels are also included in this proposal: (1) An unimproved, upland parcel zoned rural residential (0.29 acre) along Shine Road would be used for secondary parking for aquaculture project; (2) An unimproved, upland parcel zoned rural residential (1.26 acre) accessed from Shine Road would be used for tube storage and parking for the aquaculture operation; (3) A Jefferson County park (William R. Hicks Park), located immediately west of the geoduck farm, may be used for parking; and (4) A state park (Shine Tidelands State Park), located immediately north of the Hood Canal Bridge, will be used as a boat launch. No ground -disturbing activities are proposed at any of these four sites. The applicant submitted the following reports: Biological Evaluation (and Addendums), Eelgrass Delineation (and Addendums), Visual Assessment, Cumulative Impacts (and Addendum), Habitat Management Plan/No Net Loss, and Gear Management Plan. The Biological Evaluation refers to netting and rebar, neither of which are included in the current application. Therefore, no netting or rebar would be placed in the 5.15-acre project area if the proposal were to be approved. The proposal is subject to review under the State Environmental Policy Act (SEPA) and the applicant submitted a SEPA Environmental Checklist. COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS: The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such written comments)/request(s) to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4450. Comments concerning this application should be submitted to the Department by 4:30 p.m. on August 20, 2021. If the last day of the comment period falls on a weekend or holiday, then the comment period shall be extended to the first working day after the weekend or holiday. Comments submitted after this date may not be considered in the staff report. SEPA ENVIRONMENTAL REVIEW: The optional DNS process of the State Environmental Policy Act (SEPA), Washington Administrative Code (WAC) 197-11-355 is being used. This may be the only opportunity to comment on the environmental impacts of the proposal. The SEPA Official has determined that: DCD has reviewed the proposed project for probable adverse environmental impacts and expects to issue a DNS for this proposal. This determination is based upon a review of the SEPA Checklist, project submissions, and other available information. Additional conditions or mitigation measures may be required under SEPA. This will be the only opportunity to make comments related to SEPA. There will not be another comment period after the threshold (final) SEPA determination is made. If the threshold determination is a Determination of Non -Significance (DNS) or a Mitigated Determination of Non -Significance (MDNS), parties of record may appeal the decision to the Hearing Examiner within 14 days of the final Notice of Decision. A Determination of Significance (DS) may not be appealed to the Hearing Examiner. If a DNS or MDNS is appealed to the Hearing Examiner, parties of record may appeal the Hearing Examiner's decision to the Appellate Hearing Examiner within 14 days of the final Hearing Examiner Notice of Decision. PUBLIC HEARING INFORMATION: This is a Type III permit application that is subject to SEPA review. An open record hearing will be scheduled. Separate public notice of the SEPA threshold (final) determination by the Administrator and the date of the hearing will be provided at least 15 days prior to the hearing. Appeals of the Administrator's threshold decision will be handled at the same hearing. A copy of the staff report will be made available for inspection at no cost at least seven calendar days prior to such a hearing. The final permit decision for this Type III permit application will be made by the Hearing Examiner. Decisions of the Hearing Examiner may not be further appealed except to Superior Court. APPEALS: Appeals of SEPA decisions are described above in the SEPA Environmental Review section. The final permit decision for this Type III permit application will be made by the Hearing Examiner. Decisions of the Hearing Examiner may not be further appealed except to Superior Court. Project Planner: Donna Frostholm, 360-379-4450 For further information, please visit the Jefferson County Department of Community web page at www.co.*efferson.wa.us/commdevelopment/ ITEM Q_ 5;t) of PORT GAMBLE S'KLALLAM TRIBE NATURAL RESOURCES DEPARTMENT 31912 Little Boston Rd. NE — Kingston, WA 98346 August 17, 2021 Jefferson County Department of Community Development Development Review Division 621 Sheridan St Port Townsend, WA 98368 RE: Permit Application MLA 19-00036 To whom it may concern, Page 1 �CAge of L The Port Gamble S'Klallam Tribe appreciates this opportunity to comment on the proposed BDN LLC Geoduck farm in Squamish Harbor. The Tribe has not had a chance to inspect the proposed tideland, and BDN LLC has not submitted a 6.3 notice under the Revised Shellfish Implementation Plan'. Once we have received the 6.3 notice and have inspected the tideland, we will determine whether the Tribe's Treaty Rights will be impacted by the proposed project and will issue a new comment letter containing our findings. We additionally request a copy of the harvest plan for our review. Thank you for your time, Josh Carter Environmental Scientist (360)297-6286 jcarter@pgst.nsn.us 1 United States of America et al. v. State of Washington et al. (1998)