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Home My WebLink About084 Email - ShowalterDonna Frostholm From: Marilyn Showalter <marilyn.showalter@gmail.com> LOG ITEM Sent: Wednesday, April 13, 2022 4:23 PM # To: Donna Frostholm }7ag f . Subject: BDN-Smersh Material Omission (Beach 59) MLA19-00036 Attachments: Showalter-Smersh B59 4-13-2022.pdf ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello, Donna. Attached is a letter from me to you and Rory Lee, US Army Corps of Engineers. I am sending separate emails to each of you, as I understand that is how Mr. Lee prefers to receive comments. The letter discusses an important omission in all of BDN's JARPAs, namely any presentation or discussion of DNR Beach 59, a public beach adjoining Smersh tidelands on its east flank. Thank you --Marilyn Marilyn Showalter 1596 Shine Rd Port Ludlow, WA 98365 (360) 259-1700 (cell) marilyn.showalter@gmaii.com L O-g ITEM Page of MARILYN SHOWALTER LOG ITEM 1596 SHINE ROAD # T�f PORT LUDLOW, WA 98365 Paged o mai•il n.sltowalter,cr rmail.com 360-259-1700 (cell) Donna Frostholm Rory W. Lee Dept of Community Development U.S. Army Corps of Engineers Jefferson County, WA Seattle, WA dfrostholm@co.wa.jefferson.us Rory. W. Leeusace.army. mil BDN-Smersh MLA19-00036 BDN-Smersh NWS-2013-1268-A R :BEACH 59 Dear Ms. Frostholm and Mr. Lee, RE: BEACH 59 I have discovered that BDN/Smersh has, over several years, repeatedly omitted in every JARPA (there are many) a significant material fact: the site for BDN's proposed commercial geoduck operation, Smerh's tidelands, shares a common border with Beach 59, a state public beach overseen by the state Department of Natural Resources (DNR), that hosts clamming, crabbing, beachwalking, windsurfing, paddleboarding, and other recreational activities. Thus, the proposed site adjoins not one but TWO public beaches, one on its east side and one on its west side. (The park to the west, Hicks County Park, has now been well discussed in public comments, though it was largely ignored in the JARPAs.) Source: ONR-59 Flood Cana! Washington Department of Fish & Wildlife. I have added the green circle and white lettering "Smersh." pdf - 1 Showalter-BDN-Smersh Beach 59 ltr pC4 April 13, 2022 - For a broader geographical orientation, here are maps, downloaded from a Washington State Department of Health site, showing more of Squamish Harbor and the locations of Hicks Park, Smersh tidelands, and Beach 59. As one can see from the scale legend, Beach 59 is roughly'/z mile long. Y-- � Vlo v opllon-n y 'r=goal am fv ... 1 1 f 'N, 4-QP "9«nur -aa S rr(a :� .•n� f � +oln 9Y�.iY4u ob a a�de. e � T oil 1 4 View options A — � E Vie► N�taa�ay Source: Washington Shellfish Safety Ma Pa pdf - 2 Showalter-BDN-Smersh Beach 59 ltr April 13, 2022 Here are BDN's presentations of the proposed Smersh site in his Jefferson County and Army Corps applications. Note that the property adjoining the eastern border is not labeled or otherwise identified. Note also, that DNR is not included in BDN's list of adjoining property owners. There is no indication that Beach 59 adjoins the site, or even exists.' t.�+..eI Pna',—,1:-.„iI.I.my:nchim a..'oh;)sIJ.,n,01/gym., Source: BDN003-R-4-21- Proiect Drawing - Laserfiche WebLink 'efferson.wa.us 11 am very familiar with Beach 59, because our property fronts it toward the eastern end of the park. The reasons its western border escaped my notice are a) BDN never once mentions it, as required in the JARPA; b) the photo of the site in the JARPA cuts off sharply on its east edge and does not label the tidelands to the east; c) BDN-Smersh was never required, as I have previously recommended, to file a professional survey of his property; and d) Smersh's tidelands extend some 400 feet east of the upland portion of his parcel, in front of other houses, making it difficult, without an accurate map, to determine how Smersh tidelands, neighboring private tidelands (turns out there are none), and Beach 59 tidelands line up. Of course, it's not the responsibility of commenters to determine these lines. pdf - 3 Showalter-BDN-Smersh Beach 59 ltr April 13, 2022 page SITE PLAN OF ALL ARFAs IN JEJF-'F'BRSON COUNTY TO REUSED IN CONNECTION BDN LLGSMERSH GEODUCK AQUACULTURE PROJECT - CM E # MLA WNW RWN MUM This photo is the Project Area Plan image included in the Army Corp's Public Notice. There is no mention of Beach 59 on the eastern flank of the proposed site. It is BDN's responsibility to determine, present, notify, and discuss the effects of his proposal on neighboring properties. With respect to Beach 59, he has done none of these required tasks, because he has failed even to mention this sizable public park on Smersh's west flank. As a result of this serious omission (actually several omissions in the JARPA), the BDN-Smersh should be rejected as materially incomplete. Even if BDN were to resubmit a new, more complete application, however, it should be denied because of the many injurious consequences to the use and enjoyment of Beach 59—as well as because of the flaws and adverse effects previously documented in public comments. As further discussion will show, a commercial geoduck operation next to Beach 59 would pose extreme danger to windsurfers who use windpower to skim across the shallow waters above Hicks Park tidelands, Smersh tidelands, and Beach 59 tidelands. It would, as well, pose a danger to children and adults who walk and wade at Beach 59. It would degrade the recreational experience of those who clam, crab, and just enjoy this sizable beach. It would add to the cumulative effects that already interfere with the use and enjoyment of Beach 59. pdf - 4 Showalter-BDN-Smersh Beach 591tr April 13, 2022 # W Page Of Per page 7 of BDN-Smersh's "Visual Assessment" document,2 (page 10 of pdf) PVC tubes could protrude 7" above the tideland substrate. Imagine this scene, lurking just below the surface. Remember that windsurfing boards have a keel that extends below the water's surface. Likewise, paddles of paddleboarders, kayakers, canoers, and rowers dip below the water. #2. Inflatable Stand -Up Paddleboard Set Windsurfing Board bg Z-Ray L .1 Specifications: • Length: 10 feet • Width: 30 inches • Weight: 43 pounds • Designed for: Beginners Source: Top 6 Best Windsurfing Boards 12022 Reviews (BIC, Zup) [surfhurLgry corn] PVC tubes on BDN's current site in Squamish Harbor. Photo by Sue Corbett, March 24, 2015. Z BDNOOSC-R-4-21 - SEPA Att C Confluence Visual Assessment 9-2020 - Laserfiche Webl.init 'effersonma.us 6 pdf - 6 11 Showalter-BDN-Smersh Beach 591tr April 13, 2022 LOG ITF.;vi P4� A. Extreme Danger to Windsurfers and Paddleboarders Squamish Harbor has wide tidelands at low tide. This means that at higher tides there is a very large area of shallow water. Windsurfers and paddleboarders, as well as kayakers and canoers, navigate this shallow water, setting out from Hicks Park or other points along the shore. More than 43,000 protruding PVC tubes, with inevitable escapement, would pose extreme danger to these recreationists. Top: Smersh tidelands (note dangerous rebar stakes) to Beach 59, which terminates to the east at approximately the red circle. Hood Canal Bridge in far background. The tideline is at -1.4'. Bottom: Photo by Sue Corbett, February 26, 2022, of two sailboarders (in red circles) over Beach 59 tidelands. They launched from Hicks Park and sailed over Smersh tidelands. (See also Attachment A, March 22, 2022 Email from Sue Corbett to Rory Lee, USACE.) 5 pdf - 5 Showalter-BDN-Smersh Beach 59 ltr April 13, 2022 Pcgg(- l Remember, also, that windsurfers, paddleboarders, and kayakers, among others, can and do capsize. PVC tubes under the surface would be a disaster waiting to happen. vvinasurrer capsizes in shallow water over Smersh tidelands. Subsurface PVC tubes would have posed an extreme danger to this person. Photo taken from Hicks Park, looking toward Beach 59 in background, by Sue Corbett, February 26, 2021, at 12:21 pm. Paddle boarders in shallow water at Beach 59. Smersh tidelands are to the right. Subsurface PVC tubes would pose a serious danger to these paddleboarders. Photo by Marilyn Showalter, July 30, 2021. 7 pdf - 7 LOG ITEM Showalter-BDN-Smersh Beach 59 ltr April 13, 2022 The Shorelines Hearings Board (SHB) has denied a geoduck farm application where it competes with recreational interests, and specifically windsurfing. In the de Tienne case,' the SHB rejected a proposed farm that was located 1500 feet from a popular windsurfing launching site. The BDN-Smersh farm would be immediately adjoining (sandwiched between) Hicks Park and Beach 59. In the de Tienne case, the proposed geoducks were to be subtidal, which the SHB acknowledged are less dangerous to recreationists but were still a concern. BDN-Smersh's PVC tubes will protrude 7" above the substrate, will be planted in tidelands that get assaulted by the tides four times a day, and will be battered by heavy winds. B. Danger to Children The proposed geoduck operation poses a danger to children in the same ways that have already been illustrated in comments with respect to Hicks Park. Children wade, swim, and run on public beaches. Escaped PVC tubes, which roll and have sharp edges, in shallow water on a rocky beach pose a serious danger to them, as well as marring what is supposed to be a pleasing and fun experience. Photo by Marilyn Showalter of girls running in shallow water at Hicks Park, July 30, 2021. s Coalition to Protect Puget Sound Habitat et al v Pierce County et al, SHB 013-16, January 22, 2014. The SHB decision was upheld at both the Superior and Court of Appeals levels. Darrel de Tienne et al v Shorelines Hearings Board et al, Div I, Washington State Court of Appeals, Div 1, unpublished opinion, filed Nov 14, 2016. pdf - 8 Showalter-BDN-Smersh Beach 59 ltr April 13, 2022 Similarly, five acres of PVC tubes, including dislodged tubes that drift off -site, would degrade the experience of clammers and crabbers at Beach 59. Ong vamp Clammers on Beach 59. Taken from Hicks Park, looking across Smersh's tidelands (marked with dangerous stakes) where PVC tubes would be planted, to Beach 59. Photo by Marilyn Showalter, August 13, 2021. 9 pdf - 9 Showalter-BDN-Smersh Beach 59 ltr April 13, 2022 'lel i'"ge } # C. Cumulative Effects of Shellfish Gear The cumulative effects of shellfish operations are already more than Beach 59 should have to bear. Over the last year and a half, I have collected from Beach 59 more than a dozen oyster bags, only two of which have had a grower's label attached ("Rock Point Oyster," two miles across Squamish Harbor from Beach 59). This shows that either the missing labels were not properly attached to withstand wind and water action, or that there were no labels to begin with. Shellfish gear collected on Beach 59. Photo by Marilyn Showalter, April 5, 2022. One of only two oyster bags collected that had a label attached. Rock Point Oyster at Case Shoal is 2 miles across Squamish Harbor from Beach 59. Photo by Marilyn Showalter, March 30, 2021. 10 pdf - 10 f -.. .- Showalter-BDN-Smersh Beach 59 ltr .� April 13 2022� Inventory of shellfish i Aw.�'>%'�" ^.4r` �:_ gear in photos from April 5, 2022: 12 oyster bags, two with "Rock Point Oyster" labels; fir; 7 attached floats; 5 unattached gray C: floats; :W 1 unattached orange float; 1 partial HDPE oyster �j r �,• cage; 10 HDPE black mesh tubes; r ' 1 HDPE teal mesh i . ;,•. �� tube; 6 black "Penn Cove" mussel disks r 9 black net bags 5 purple net bags ?7 Shellfish gear items collected from Beach 59. Photo by Marilyn Showalter, April 5, 2022. Zoom to 200 magnification for better viewing. Rock Point Oyster — Case Shoal (yellow circle) is about 2 miles south of Beach 59 (red circle), across Squamish Harbor. 11 pdf - 11 Showalter-BDN-Smersh Beach 59 ltr April 13, 2022 LOG jTPv, . } Though most items have no ownership labels, a few identified items have washed up on Beach 59 from surprisingly long distances. In addition to bags from Rock Point Oyster Co. (2 miles southwest across Squamish Harbor), an oyster bag label washed up from Hood Canal Oyster Farm, The Noble Oyster - HC Snail, which is about 44 miles south of Beach 59. On April 12, 2022, an oyster bag tag washed up belonging to the Skokomish tribe, which appears to come Growing Area 220 (about 30 miles away), as identified by the Washington State Department of Health. Beech 59 mu Dabob GL FG I VA-0 - Skokvmist,, ' It- � � F jY1C�ian "� gibe olh641 Tnt:�l enter RoaU, Upon -,� �n shw4l2y.A +iwr cY+rf +,ten Oar rlro� loc�m�d wrrra. '� _:9:-.drrantaa,..U'q•p:,.x rrt «S .rarpr>i �R p PO Sb ... tOt il �'iC�Ef't.'LSS Site, ILD: F � e �o Seabeck SF1'rcrdale - XrilQn 'I f �:':1iir• Crosby 3reFft, 1►ee'3rnc.''''ts111'�Ile1'1 F PINIarC '%Ta...��cWE rL{r t� aiOuSlTti4P:ei�fLrrc•9&uftrCa� O4 ""L`111AR11QR1•:h"C.`iT : .111CFN76=L631.'"Af_/]FI REF O '"cta�'�riB/{vfe y j`*M H{�A$T liea'ko r4om Ti.9 l'J f.��.q,' .+r. r:.r•,r'u.rrrljn.%l ht-16 Af '.tia �•n. .. iA f.. e-. M1��Mar•1q'�ffNr fl :.r!1 Belfair 300 o` Sunset Beach h 106 3oz vu Photo by Marilyn Showalter, Beach 59, April 12, 2022 0•`_ d1. r I •=a .r. _ m!M16�. !• Komtsh r.-\ GrapeWM. L= G000le United States Terms Privacy Send feedback 5.mi I The Skokomish tribe oyster tag appears to have come, per Wa Dept of Health, from the Eagle Creek growing area 220 (blue circle), approximately 30 miles south of Beach 59 (red circle). The yellow oyster bag tag came from Hood Canal Oysters and Snails approximately 44 miles south of Beach 59. Photo by Marilvn Showalter, Beach 59, March 24, 2022 12 pdf - 12 L0)0 1TEi��;i Showalter-BDN-Sinersh Beach 591tr April 13, 2022 D. Ecology of Beach 59 BDN has provided no specific analysis of the ecology of Beach 59, but some features are clearly very important. For example, a point off Beach 59 appears to be the only floating kelp site in Hood Canal south of the Hood Canal Bridge, making it an extremely precious asset.4 Dala A6ve(2) Legend arhl�,l",' I x Eelgrass B Surlgras, e'. Kpltewidelloaling aIW rwnfloalfng lLlxrK�u�sI:,,I�Z�ne2,�,1-alay llrrp lEnnelax. 1►.n on�is:sllse tall Mail. doll., Vugelalltin Local Vegela lion Surveys Physical Characlenellcs My Dela LO Callon easemala Top: The gold line indicate Below: There are no othe Hoorenwn ttndlet - I i III. - 0 .. Q Is co A fl I ± ] �� SI•rnw Rd + 13 H;iRni �s floating kelp site, just off Beach 59. Source: Nearshore Habitat wa. ov r floating kelp sites in Hood Canal south of the Hood Canal Bridge. Data Active(1) Legend 0 0 Surfgrass (ShoreZone 2001) " 0 0 $UgraSs(5110rgZ4Ae_20Q ) 0 D Line Segments 0 Li Polygons Monitoring 0 C7 Sagrass_@lonrlor0g Slles (RNR PI !rl lsl Woo 0 ❑ SV�y1P RggoO_�([�N� PLiggl SQu.Od_ 0 (] Regions 0'0 Study Area Boundary , Kelp Inventory (statewide) 0 D Kelp, Floating and non -floating (Sht 0 0 Floaling Kelp (ShoreZone 2001) 0 0 Non-Floaling Kelp (ShoreZone --- Monitoring (Olympic Peninsula Monitor Salt Marsh & Other Vegetation L nral Venetatinn Snrvave d 0 Nearshore Habitat 'A ,- at. Redmond f,A) 4 "Our kelp and eelgrass are the breadbasket of the Salish Sea. They're critical to the survival of our dwindling salmon and orca populations and act as a vital indicator of the health of our waterways because they respond so quickly to changes in water quality," said Commissioner Franz. "Climate change doesn't just impact our lands, it impacts our waters. We are witnessing a precipitous decline in kelp and eelgrass throughout Puget Sound. Commissioner Franz Establishes State's First "Protection Zone" for Kelp and Eelgrass I WA - DNR 13 pdf - 13 Showalter-BDN-Smersh Beach 59 ltr April 13, 2022 Beach 59 also boasts rich eelgrass beds. c:: Data Active(1) Legend tPolygons rs x grass (statewide) g.(bsrsZrzu�24Line Segments - Polygonsrfgrass (ShoreZone 2001)agLas>�(ShoreZone 2Line Segments Polygons Monitoring 0 [ _eigf@$5 Mon11Vr1Lrg Sjie�(fZNf3 Pi 0 0 Syh1P Reg"(P-KR-PUgo-i-` w-nu- 0 [] Regions � 0 U Study Area Boundary � 7 'Pon / - Nearshore Habitat L1 fF{ a Source: Nearshore Habitat (wa.gov) r n a 3 p W2- OAMI 1:38.112 Squa mIsh Harbor jC 'Ls 1 Eelgrass at Beach 59. Photo by Marilyn Showalter, June 15, 2018. 14 pdf - 14 Showalter-BDN-Smersh Beach 59 ltr April 13, 2022j { E. The BDN-Smersh Application Should Be Rejected BDN has had eight years to submit a complete and accurate application. There are numerous places in a JARPA where Beach 59 needs to be addressed. I am not going to go though them, as that is BDN's responsibility. Basically, Beach 59 needs to be included as a neighboring property and its use described; DNR must be notified; and the public must be given an opportunity to respond to BDN's presentation. Subjects include recreation, aesthetics, eelgrass, forage fish, many threatened and endangered species, and navigation, among other subjects. The foregoing pages reflect just a sliver of what needs to be reviewed. Aside from Beach 59, however, there are numerous independent reasons to reject the proposal. These reasons have been laid out in prior comments. There is a fundamental conflict between any proposal for commercial geoduck cultivation and the use, enjoyment, and natural assets of Squamish Harbor. Hicks Park and Beach 59 are key assets that would be particularly affected. The application should be rejected. Thank you for considering these comments. Sincerely, Xaa4a Skwa&e4 Marilyn Showalter Attachment A: March 22, 2022 Email from Sue Corbett to Rory Lee, USACE 16 pdf - 16 ell From: Sue Corbett <suec7l(algmail.com> �'e Date: Tue, Mar 22, 2022 at 8:34 PM Subject: Fwd: Comment on BDN LLC 2013-1268 application To: Lee, Rory W CIV USARMY CENWS (USA) <Rofy.W.LeeRusace.armv.mil> Dear Mr Lee, This email updates and replaces my email of March 7, 2022 with photos attached in a pdf. Please let me know if you can view the photos and add these comments to the file. My name is Sue Corbett. This is a comment on BDN LLC 2013-1268 geoduck farm application. I live in Squamish Harbor. I have sent in previous comments on these applications. I have attached recent photos of windsurfers launching from Hick's park. I believe that the PVC tubes used for planting geoducks or any other gear that stick up from the tidelands could pose a hazard for windsurfers. I also believe that a proposed "fence" to control the loss of PVC tubes from the proposed Smersh site could pose a hazard to windsurfers, especially windsurfers that use a hydrofoil which sticks down in the water beneath the sail board. The attached photos were taken February 26, 2022 at and near Hicks County Park which is next to the Smersh proposed site. The sailboarders headed east and west across the tidelands. There is a history of windsurfers using the waters in Squamish Harbor because of the high winds that occur here. 1. Photo 7177 at 11:56 AM Sailboader setting up in the parking lot 2. Photo 7178 at 11:56 AM Red/white sailboard on boat ramp at Hicks County Park which has an adjoining border with the Smersh site. 3. Photo 7179 at 12:09 PM Two sailors in distance with the cement wall of the current BDN site in the foreground. 4. Photo 7189 at 12:21 PM purple Hydrofoil showing post that lifts the board above water. 5. Photo 7193 at 12:21 PM purple sail in the water at Smersh tidelands 6. Photo 7200 at 12:24 PM red sailboarder heading east toward Smersh proposed site. 7. Photo 7207 at 12:24 PM red sailboarder heading west toward the current BDN site. Having a geoduck farm next to Hicks County Park would pose a hazard to sailboarders that use the park as a launching site. A permit for the Smersh site should be denied. Respectfully, Sue Corbett 31 Churchill Lane Port Ludlow WA 98365 suec7l mail.com pdf - 17 LOG ITEM By Sue Corbett Re: - ——w— — NWS 2013-1268 BDN-Smersh PC—tge 'f � 0 k NWS 2017-239 BDN �L.�_ SEQUENCE: SAILBOARDERS LAUNCHING AT HICKS PARK AND NAVIGATING IN WATERS OVER SMERSH TIDELANDS FEBRUARY 26, 2022 1. IMG 7177 Sailboarder at Hicks Park preparing to launch. Photo taken from Hicks Park by Sue Corbett, February 26, 2022 at 11:56 am. pdf - 18 By Sue Corbett Re: NWS 2013-1268 BDN-Smersh NWS 2017-239 BDN pdf - 19 LOG RUM #,,?q- -- page 2� 2. Photo 7178. Sailboarder launching at Hicks Park. Note: Smersh "no trespassing" sign posted IN navigable waters. Photo taken from Hicks Park by Sue Corbett, February 26, 2022 at 11:56 am. By Sue Corbett Re: NWS 2013-1268 BDN-Smersh NWS 2017-239 BDN 4 3. Photo 7179 Two sailboarders in waters over State DNR Park Beach 59. Photo taken from Shine Road by Sue Corbett, February 26, 2022 at 12:09 pm. NOTE: Smersh tidelands sits between two public marine parks: Beach 59 on Smersh's eastern border, and Hicks Park on Smersh's western border. Hood Canal Bridge in far background. 3 pdf - 20 Loo By Sue Corbett Re: NWS 2013-1268 BDN-Smersh NWS 2017-239 BDN 4. Photo 7179 sailboarder in shallow water over Smersh tidelands. Photo taken from Hicks Park by Sue Corbett, February 26, 2022, 12:21 pm. 4 pdf - 21 0 By Sue Corbett Re: NWS 2013-1268 BDN-Smersh NWS 2017-239 BDN 5. Photo 7193 sailboarder capsized in shallow water over Smersh tidelands. Photo taken from Hicks Park by Sue Corbett, February 26, 2022, 12:21 pm. 5 pdf - 22 .�` c + �. By Sue Corbett Re: �,�yy NWS 2013-1268 BDN-Smersh P &A, NWS 2017-239 BDN %�r^�"""•�"=ram`_ Y �- _ �.. _"_ _ _ �- � � - _ _" • - _ �. - �" ■ 6. Photo 7200 sailboarder in shallow water over Smersh tidelands. Photo taken from Hicks Park by Sue Corbett, February 26, 2022, 12:24 pm. 6 pdf - 23 By Sue Corbett Re: NWS 2013-1268 BDN-Smersh r- NWS 2017-239 BDN1r --57 �r'st.�'-�A:�'7�- t ��{:`�^ryr�� Its •r 7. Photo 7207 sailboarder in shallow water over Smersh tidelands. Photo taken from Hicks Park by Sue Corbett, February 26, 2022, 12:24 pm. 7 pdf - 24