HomeMy WebLinkAbout123 92
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RESOLUTION NO, 123-92
ADOPTION OF A REVISED
JEFFERSON-PORT TOWNSEND
SHORELINE MANAGEMENT MASTER PROGRAM
WHEREAS, the Washington State Shoreline Management Act of 1971 (Chapter 90.58,
Revised Code of Washington) requires that counties and cities incur certain duties,
obligations, and responsibilities with regard to implementation of said act; and
WHEREAS, Jefferson County and the City of Port Townsend have performed the necessary
prerequisites for the establishment of a shoreline master program; and
WHEREAS, a Jefferson-Port Townsend Shoreline Management Master Program has been
approved by the State of Washington pursuant to Chapter 90.58 RCW in 1974; and
WHEREAS, the Jefferson-Port Townsend Shoreline Management Advisory Commission has
developed, reviewed, and recommended adoption of amendments to the Jefferson-Port
Townsend Shoreline Management Master Program; and
WHEREAS, said amended shoreline management master program has been developed in
accordance with the provisions of Chapter 90.58 RCW and Chapter 173-16 WAC; and
WHEREAS, the Jefferson County Board of Commissioners finds said amendments further
the provisions of Chapter 90.58 RCW and is in the interest of the citizens of Jefferson
County,
NOW, THEREFORE, BE IT RESOLVED that the amended Jefferson-Port Townsend Shoreline
Management Master Program is hereby approved and adopted; and
BE IT FURTHER RESOLVED that this amended shoreline management master program will
rescind and supersede the Jefferson-Port Townsend Shoreline Management Master Program
dated March 7, 1989 upon approval and adoption of the amendemnts by the State of
Washington.
~
APPROVED AND ADOPTED this 1 day of December, 1992 by the Jefferson County Board
of Commissioners. -
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Lorna Delaney, a
Clerk of the Board
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JEFFERSON COUNTY
PLANNING AND BUILDING DEPARTMENT
1',0, Box 1220
Port 'Ihwnsend. Washington HH;¡nH
Planning (201j) :\H5-$íJ40
Building (2()1\);¡85-fU41
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.JEFFERSON COUNTY COlJRTIIOU~E
Craig Ward. Director
Shoreline Manaqement Master proqram Amendments
December 7, 1992
In adopting RESOLUTION NO. 123-92amending the Jefferson-Port Townsend Shoreline
Management Master Program, the Jefferson County Board of Commissioners makes the
following findings:
1.
The current edition of the Jefferson-Port Townsend Shoreline Management Master
Program adopted in 1989, is the third since the program was established in 1974.
Master Program Section 5.30 Aquaculture was last amended in the Second Edition
adopted in 1983.
Since the adoption of the previous amendments to Shoreline Master Program Section
5.30 Aquaculture, new aquaculture technologies have been introduced in Jefferson
County. These include rack and bag and floating longline shellfish culture operations
and finfish net pens both for commercial production and delayed release fisheries
enhancement. Also, new technologies such as upland aquaculture tank farms have
been developed which have not been introduced in Jefferson County. Finally, both
State agencies, Tribes, and private shellfish cultivators use measures intended to
repair damage to or enhance natural habitat characteristics necessary for successful
propagation and growth of cultivated or wild aquatic organisms. On marine shorelines
these measures include adding gravel to shellfish beds in order to improve shellfish
habitat. In streams and rivers these measures include excavating pools, placing stream
bed control structures, or adding spawning gravel in order to improve fish spawning
or rearing habitat.
2.
3.
On October 11, 1986, the Jefferson County Board of Commissioners adopted
Resolution 89-86 An Emergency Moratorium on Filing and Processing Substantial
Development Permits for the Growth and Culture of Fish in the Marine Waters of
Jefferson County. Resolution 89-86 found that:
* The Jefferson-Port Townsend Shoreline Management Master Program did not
provide sufficient policy direction or siting criteria to address shoreline permit review
of salmon net pens;
* Jefferson County anticipated that studies concerning netpen facilities would be
conducted by resource agencies and those studies would be used to clarify policy and
to develop siting criteria for net pen facilities;
* Jefferson County intended to amend the Aquaculture Section of the Shoreline
Master Program.
The Jefferson County Board of Commissioners directed the Jefferson-Port Townsend
Shoreline Management Advisory Commission to develop amendments to the Shoreline
Master Program for consideration by the Board of County Commissioners and the Port
Townsend City Council.
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5.
In developing these amendments, Jefferson County and the City of Port Townsend
have considered information contained in the following:
a. Washington State Shorelines Management Act Chapter 90.58 RCW,
b. Washington Administrative Code Chapter 173-16 Shoreline Management Act
Guidelines for Development of Master Programs,
Aquaculture in Jefferson County: A decision making analysis for amending the
Shoreline Management Master Program,
Jefferson County Aquaculture Policy Study I
Washington State Department of Fisheries Final EIS on fish culture in floating
pens,
Washington State Recommended Interim Guidelines for the Management of
Netpen Culture in Puget Sound,
Washington State Departments of Fisheries and Natural Resources Final EIS
for nori farming and processing,
Washington State Department of Fisheries Management Plan and Final EIS for
Puget Sound Commercial Geoduck Fishery,
Washington State Department of Fisheries Final EIS for the enhancement of
hardshell clamm production by beach graveling,
Washington State Departments of Fisheries and Natural Resources Final EIS
for commercial harvesting of subtidal hardshell clams with a hydraulic
escalator,
Washington State Department of Ecology Aquaculture Siting Study,
Island County Shoreline Management Master Program.
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
6.
The Shoreline Management Advisory Commission held several workshops in 1989 and
1990 to develop recommended amendments to Master Program Section 5.30
Aquaculture. The also determined that amendments to other sections of the Master
Program were necessary in order for the Master Program to be internally consistent
and to further the purposes and policies of the Washington State Shoreline
Management Act. Recommended amendments were made to Master Program
Sections 1.20 Purposes, 4.101 Aquatic Designation, 4.102 Natural Designation,
4.40 Classification Table, 5.50 Commercial Development, 5.70 Dredging, 5.90
Industrial and Port Facilities. Appendix C Visual Assessment Workbook was also
developed by the Shoreline Commission.
Public hearings were held by the Jefferson-Port Townsend Shoreline Management
Advisory Commission on April 25 and 26, 1990 to take public testimony on the
amendments drafted by the Shoreline Commission. Notice of the public hearings
were made by publishing legal notices in the April 4, 11 and 18, 1990 editions of the
Port Townsend-Jefferson County Leader.
7.
8.
On October 26 1990, after studying information regarding numerous types of
aquaculture, writing draft amedments to the Shoreline Master Program Section 5.30
Aquaculture and other relevant sections, holding public workshops and hearings, and
revising the draft based on oral and written testimony, the Jefferson-Port Townsend
Shoreline Management Advisory Commission by a majority vote of the membership
presented to the Jefferson County Board of County Commissioners and the Port
Townsend City Council their recommendation for amendments to the Shoreline Master
Program.
On January 7 and February 11, 1991 the Jefferson County Board of Commissioners
held a public hearing to receive a staff briefing and to take public testimony on the
amendments recommended by the Shoreline Commission. Notice of the public
hearings were made by publishing legal notices in the December 19 and 26, 1990
and January 2, 1991 editions of the Port Townsend-Jefferson County Leader.
9.
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10.
11.
12.
13.
14.
15.
16.
On February 5 and 19, 1991 the Port Townsend City Council held a public hearing
to receive a staff briefing and to take public testimony on the amendments
recommended by the Shoreline Commission.
The amendments have been reviewed in accordance with the Washington State
Environmental Policy Act (WAC 197-11) by Jefferson County as lead agency. A
preliminary determination of nonsignificance (DNS) was issued on January 22, 1991.
The determination states that the anticipated environmental impacts were adequately
addressed in the environmental checklist and that the preparation of an environmental
impact statement was not necessary. After review of comments received on the
preliminary DNS, Jefferson County issued a final DNS on December 7, 1992.
On May 21, 22 and 23 and June 26 and 27, 1991 the Jefferson County Board of
Commissioners conducted a workshop to consider the oral and written testimony
received through the public hearing process. Based on that testimony, the Board of
Commissioners by formal motion and vote made revisions to the Shoreline Advisory
Commission's recommended amendments.
On November 23 and December 7, 1992 the Jefferson County Board of
Commissioners reviewed the proposed amendments as revised at their previous
workshops. Jefferson County Planning and Building Department staff presented
recommendations for additional revisions to address unresolved issues identified in
the testimony received through the public hearing process. These revisions address
aquaculture developments that are intended to maintain or enhance natural habitat
characteristics and the review of proposals for mechanical or hydraulic harvesting of
hard shell clams and geoducks. By formal motion and vote the Board of
Commissioners included these additional revisions in the amendments to the Shoreline
Master Program.
The proposed amendments further the purposes and policies of the Washington State
Shoreline Management Act and Jefferson-Port Townsend Shoreline Management
Master Program and are necessary to protect the shoreline environment.
The proposed amendments were developed in accordance with the provisions of the
Washington State Shoreline Management Act RCW 90.58 and WAC 197-14.
The Washington Administrative Code Chapter 173-16 Shoreline Management Act
Guidelines for Development of Master Programs, Section 060 (2)Aquaculture states
that aquaculture is of state-wide and national interest. Properly managed, it can
result in long term over short term benefit and can protect the resources and ecology
of the shoreline. Aquaculture is dependent on the use of the water area and, when
consistent with the control of pollution and prevention of damage to the environment,
is a preferred use of the water area.
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PROPOSED AMENDMENTS
TO THE
JEFFERSON-PORT TOWNSEND SHORELINE MANAGEMENT MASTER PROGRAM
SECTION 5.30
AQUACULTURE
Definition
9
Aquaculture is the farming or culturing of aquatic organisms.
Aquaculture encompasses a wide variety of activities including
hatching,
seeding, planting, cultivating,
feeding,
raising, and
harvesting of plants and animals. These activities may have widely
differing impacts on the aquatic and shoreline environment. Those
activities which do not meet the definition of development in this
Master Program, such as beach culturing and hand harvesting, are
not subject to the shoreline permit requirements of the Shoreline
Management Act and this Master Program.
Intensive aquaculture development is the rearing within structures
of aquatic organisms that are fed by the operator.
Intensive
aquaculture developments produce wastes in the form of feces,
urine, and unconsumed feed that may affect the bottom environment
and water quality.
Extensive aquaculture development is the rearing within structures
of
aquatic
naturally-occurring
food
organisms that feed on
a
supply.
Passive
is
cultivation
and/or
non-structural
aquaculture
the
harvest. of naturally occurring or artificially seeded aquatic
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organisms that feed on a naturally occurring food supply.
Passive
aquaculture may include the cultivation and/or harvest of clams,
oysters, geoducks, ghost shrimp and other organisms in intertidal
or subtidal areas.
Passive aquaculture may also
include measures
to maintain or
enhance
the
natural
habitat
characteristics
for
necessary
successful propagation and growth of cultivated or wild aquatic
organisms. On marine shorelines these measures could include adding
gravel to shellfish beds in order to improve shellfish habitat or
creating artificial reefs.
In streams or rivers these measures
could
include
excavating
placing
bed
control
pools,
stream
structures, or adding spawning gravel in order to improve fish
spawning or rearing habitat. These enhancement measures would be
reviewed as passive aquaculture and in addition be subject to the
other applicable.policies and performance standards of this Master
Program.
Aquaculture can be carried out in subtidal, intertidal, upland, and
fresh water areas.
The subtidal area is seaward of the line of
extreme low tide. The intertidal area is seaward of the ordinary
high water mark and landward of the line of extreme low tide. The
upland area is landward of the ordinary high water mark.
Aquaculture is further divided into floating aquaculture, where
organisms are suspended in water by pens, nets, or lines; seabed
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aquaculture where organisms are cultivated and harvested along the
2
bed of a body of water; and upland aquaculture where organisms are
grown landward of the ordinary high water mark.
3
4
5
For the purposes of these regulations, related development such as
6
offices, wholesale and retail sales, processing, packaging, and
7
product storage facilities are not considered aquaculture practices
8
and shall be reviewed as commercial development when conducted
9
within the shoreline jurisdiction.
Bleeding of fish shall not be considered as processing if blood is
collected on-site and then disposed of upland consistent with
applicable regulations.
Policies:
1.
Jefferson County encourages aquaculture that is consistent
with the County's goals of maintaining water quality and
minimizing incompatible uses.
2.
Potential locations for aquaculture developments are limited
due to factors such as water quality, water temperature and
depth,
substrate,
dissolved oxygen,
wave action,
in
and,
marine
salinity.
Priority
given
to
should
be
water,
aquaculture development in areas suitable for it, so long as
those operations do not materially interfere with existing
activities or degrade natural resources.
3.
Aquaculture developments should locate in areas where bio-
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4.
physical
conditions,
such
tidal
currents
and
water
as
temperature and depth will minimize environmental impacts.
Potential conflicts with adjacent uses such as commercial
fishing, recreation, and navigation should be considered in
the review of proposed aquaculture developments. Developments
should not be permitted where they would materially interfere
with existing uses.
5.
Consideration should be given to the positive or negative
effects
that
aquaculture
developments
have
the
may
on
aesthetic quality of the shoreline.
6.
Aquaculture developments should be separated by a sufficient
distance to ensure that significant adverse cumulative effects
do not occur.
7.
Aquaculture developments should not locate in areas where the
ecological quality of the shoreline environment would be
significantly degraded.
8.
Aquaculture developments should be designed and located to
ensure that they do not have a significant adverse impact on
natural dynamic processes of shoreline formation or change.
9.
Aquaculture developments should not degrade critical habitat
areas. Aquaculture developments should not interfere with the
migration
aquatic
organisms
specifically
except where
of
intended by the design or operation of the facility.
10.
Preference should be given to technologies that minimize
adverse
impacts
to navigation and to the ecological
and
aesthetic quality of the state's shorelines.
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11.
Aquaculture developments which require structures should be
prohibited
in
estuaries
natural
2
3
4
12.
that
and
lands
wet
are
5
6
7
13.
environmental designations in this Master Program.
Aquaculture acti vi ties should make minimal and appropriate use
of approved pesticides, herbicides,
antibiotics,
vaccines,
8
9
14.
growth stimulants, or other chemicals.
Only Federal and state approved anti-fouling agents should be
used in aquaculture developments.
Established aquaculture operations should be protected from
incompatible
which
seek
locate
nearby.
uses
may
to
Demonstration of a probability that such an adjacent use would
result in damage to, or destruction of such an aquaculture
operation should be grounds for the denial of that use.
Performance Standards:
Applications.
shoreline
permits
for
aquaculture
1.
for
developments shall provide relevant information as follows:
a.
ALL AQUACULTURE DEVELOPMENTS
Applications for shoreline permits for all aquaculture
developments shall include a management plan which shall
contain a description of:
1.
Existing shoreline and bathymetric features;
2.
Schedule of development;
3.
Species to be cultured and their sources;
4.
Culture methods;
5. .
Types and dimensions of structures;
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6.
Estimated pounds, numbers, or volume to be harvested
2
per year and maximum pounds, numbers, or volume to
3
be cultured at any time;
4
7.
Feed
type
and
amount
and
feeding
method,
if
5
applicable;
6
8.
Types,
quantities,
and
treatment
schedules
for
7
proposed use of pesticides, herbicides, hormones,
8
antibiotics, vaccines, or other chemicals.
9
9.
Predator control methods;
10
10.
Anticipated levels of noise, light,
and odor and
11
plans for minimizing their impacts.
12
11.
Waste disposal plan listing the types and quantities
13
of anticipated waste materials and proposed disposal
14
methods. This plan shall include mortalities, human
15
wastes, aquaculture by-products, toxic materials,
16
and operational solid wastes such as feed bags and
17
garbage.
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12.
Jefferson County shall reserve the right to require
19
additional information as deemed appropriate.
22
b. EXTENSIVE INTERTIDAL AND SUBTIDAL AQUACULTURE
DEVELOPMENTS
Applications for shoreline permits for extensive
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intertidal and subtidal aquaculture developments shall
24
include a site characterization containing at a minimum:
25
1.
Population
densities
and
location
of
geoducks,
26
hardshell clams, Dungeness crabs, fish, sea urchins,
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sea cucumbers,
scallops,
abalone, and shrimp and
attached marine vegetation including eel grass, kelp
beds, and macro algae.
2.
Description
tidal
current
velocities
and
of
directions
and
the
magnitude
direction
of
and
prevailing storm winds and waves.
INTENSIVE SUBTIDAL AQUACULTURE DEVELOPMENTS
Applications for shoreline permits for intensive subtidal
aquaculture
developments
shall
include
site
a
characterization and baseline survey if required by the
Recommended Interim Guidelines for the Management of
Salmon Net Pen Culture in puget Sound,
the Pref erred
Alternative
Final
Programmatic
Fish
EIS
for
of
the
Culture
in
Floating Net-Pens,
subsequently
State
or
approved documents.
d.
INTENSIVE AND EXTENSIVE UPLAND AQUACULTURE DEVELOPMENTS
Applications for shoreline permits for intensive and
extensive upland aquaculture developments shall provide
a detailed analysis of potential impacts to animals,
plants, and water quality due to the discharge of waste
water
from the
development
in
with the
conformance
applicable Washington State Department of Ecology waste
water discharge permit.
e.
Applications
shoreline
permits
floating
for
for
aquaculture development shall include a visual assessment
conforming
Washington
Department
of
to
the
State
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Ecology's
Aquaculture
Siting
a
and
photo
Study
or
computer
simulation
demonstrating
development's
the
appearance from the nearest shore, from atop the nearest
shore bank,
and from typical shore and bank-top view
points within 1,500 feet. Delayed release enhancement
facilities which- are sited in existing marinas shall not
be required to provide this information.
f.
Applications
shoreline permits
for subtidal
for
aquaculture developments
shall provide proof
of
application for an aquatic lands lease from the
Washington State Department of Natural Resources.
g.
Applications for the mechanical or hydraulic harvesting
of
subtidal
intertidal
benthic
as
infauna
such
and
hardshell
clams or geoducks
shall provide a written
assessment for each tract area containing the following
information:
1. Tract size and location;
2. Harvesting techniques;
3. Resource and resource abundance
(amount,
distribution, and diversity);
4.
Associated flora and fauna (amount, distribution,
and diversity);
5.
Substrate composition;
6.
Relationship to an approved state-wide management
plan;
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7.
Relationship
to
other
permits,
rules,
and
2
regulations;
3
8.
Assessment of tidal current direction and velocity;
4
9.
Proposed method for marking tract boundary.
5
2.
operators of aquaculture developments shall provide relevant
6
reports as follows:
7
a.
EXTENSIVE
INTERTIDAL
AND
SUBTIDAL
AQUACULTURE
8
DEVELOPMENTS
9
Operators
of
extensive
intertidal
and
subtidal
10
aquaculture developments shall submit to the Jefferson
11
County Planning and
Building Department:
12
1.
Copies
of
any regular
reports
required
by the
13
Washington state Department of Fisheries regarding
14
environmental assessment;
15
2.
Timely
notification
of
mortalities
above
the
16
predicted rate and the likely cause.
17
b.
INTENSIVE SUBTIDAL AQUACULTURE DEVELOPMENTS
18
Operators of intensive subtidal aquaculture developments
19
shall
submit
the
following
to
the
Jefferson
County
20
Planning and Building Department:
21
1.
Copies of reports detailing the findings of regular
22
monitoring as required by the Recommended Interim
23
Guidelines for the Management of Salmon Net Pen
24
Culture in puget Sound, the Preferred Alternative
25
of the Final Programmatic (EIS) for Fish Culture in
26
Floating
Net-Pens,
National
Pollutant
Discharge
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Elimination System permits (NPDES) or subsequently
adopted documents;
2.
Timely
notification
mortalities
above
the
expected rate and the likely cause;
Timely notification of detected escapement and the
in
feed
hormones
additives
disease
control,or
INTENSIVE AND EXTENSIVE UPLAND AQUACULTURE DEVELOPMENTS
developments
shall
submit
the
Jefferson
Operators of intensive and extensive upland aquaculture
County
for
conformance with the Washington State Department of
2.
Timely
notification
mortalities
Ecology waste water discharge permit requirements.
the
of
3.
likely cause.
4.
Application
chemicals
used
of
records
any
conjunction
with
operation
including
the
or
for
hazardous materials.
to
Planning and Building Department:
1.
copies
monitoring
required
reports
of
as
of
above
expected rate and the likely cause.
3.
Application records of any chemicals used in
conjunction with the operation including feed
hormones or addi ti ves
for disease control,
tank
cleaning
oil
or
other
chemicals,
hazardous material.
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3.
4.
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Aquacul ture developments
shall not be approved in narrow
channels, shipping lanes, or in other areas where they are a
significant hazard to navigation.
Applicants
for
floating
aquaculture
developments
shall
demonstrate through a visual assessment that the development
would have no significant adverse impact on the aesthetic
quality of the shoreline.
5.
Floating aquaculture developments shall be sited and oriented
in a manner that most effecti vely disperses
their waste
products and minimizes water quality degradation.
6.
Aquaculture developments should be separated by a sufficient
distance
that
significant
cumulative
adverse
to
ensure
effects do not occur.
7.
Intensive aquaculture developments shall be sited no closer
than two (2) nautical miles from the mouths of Type 1 rivers
and
streams-- and one
nautical mile
streams
from Type
II
provided tha t
lèsser
standard may prevail
on
a
based
a
finding by the Washington Department of Fisheries that no
adverse
impact
result.
Delayed
release
finfish
would
developments,
hatcheries,
and upland tank farms shall be
exempt from this regulation.
8.
Applicants for aquaculture development shall demonstrate that
the proposal will not result in adverse effects to estuaries
that are designated Natural in this Master Program or to the
Protection Island National wildlife Refuge.
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9.
Intensive
subtidal
aquaculture developments
shall
not
be
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10.
11.
12.
13.
located within 300 feet of habitats of special significance
as defined in the Recommended Interim Guidelines for the
Management of Salmon Net Pen Culture in puget Sound if those
habitats are located in depths less than 75 feet at mean
lower low water. Habitats of special significance include eel
grass and kelp beds, rocky reefs, geoduck, and hardshell clam
beds,
significant
and
populations
of
Dungeness
crabs,
herring, and finfish such as ling cod, true cod,
sole and
flounder, rock fish, cabezone, and sea perch.
Intensive
subtidal
aquaculture developments
shall
not be
located within 1,500 feet of bird and mammalian habitats of
special significance
including seal and sea
lion haulout
areas,
seabird
areas
nesting
sites
colonies,
and
or
specifically identified as critical for feeding or migration
of birds and mammals.
Aquaculture
developments
shall
be
located
not
to
so
as
materially interfere with navigational access to waterfront
property and public recreation areas.
Aquaculture developments shall obtain all required state and
federal
discharge
waste
permits
prior
to
commencing
operation. Copies of all waste discharge permits shall be
provided
to
the
Jefferson
County
Planning
and
Building
Department.
Aquaculture developments shall be designed and constructed to
harmonize
insofar
possible
with
the
local
shoreline
as
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environment. Aquacultural structures and equipment shall be
of sound construction and shall be so maintained. Abandoned
or
unsafe
structures
and
equipment
or
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removed
shall
be
repaired promptly by the owner.
Maximum
encompassed
intensive
subtidal
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17.
surface
area
by
aquaculture developments shall not exceed two (2) acres.
Reflected glare or direct
light generated by aquaculture
developments other than that produced by navigational aids
shall be minimized to the greatest extent possible. Lighting
fixtures shall be designed and hooded to prevent the light
source
from
being
directly
visible
outside
the
from
boundaries of the property.
The intensity or brightness of
all security lighting shall not adversely affect water areas
and vessel traffic or the use of surrounding properties or
adjacent rights-of-way.
The operators of aquaculture developments shall control
odor through the proper storage an~ disposal of feed and
other
organic materials
maintaining
a
clean
and by
operation.
identifying
and
specific
plan
for
A
controlling odors shall be developed and approved as part
of the permit approval process.
Overwater
structures
appurtenant
floating
aquaculture
to
developments such as work shelters, sleeping quarters, and
storage sheds shall be prohibited. An attendant workboat which
is used for regular navigation and also provides the above
functions and sanitary facilities may be approved and
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conditioned.
Total height of floating structures and associated equipment
shall not exceed six feet in height above the water's surface.
Only
non-lethal
predator
control measures
shall
be
used
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19.
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20.
21.
22.
23.
24.
against birds and mammals.
Predator control methods shall
comply with appropriate federal and state rules.
Aquaculture activities shall make minimal and appropriate use
of approved pesticides, herbicides,
antibiotics,
vaccines,
growth stimulants, or other chemicals. Operators shall receive
prior review and approval from the appropriate federal and
state agencies.
Only state and federal approved anti-foulants shall be used
in aquaculture developments.
Waste materials or aquaculture by-products except shellfish
shells shall not be disposed of in the aquatic zone. Wastes
disposed of ,upland shall meet all applicable state and county
waste disposal standards.
Processing of aquaculture products shall not occur in or over
the water except for sorting or culling of cultured organisms
and washing'
or removal of surface materials or organisms.
All other processing
and processing facilities shall be
located
onland
and
shall
be
the
applicable
governed
by
policies and performance standards of this Master Program when
located within the shoreline jurisdiction.
Proposals
harvesting
and
the mechanical
for
subtidal
of
intertidal
benthic
infauna
such
hardshell
clams
that
as
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involve substantial substrate modification shall be processed
under the policies and performance standards of section 5.70
Dredging in addition to the provisions of this section.
25.
Aquaculture developments that require structures shall be
prohibited
in wet
lands
and estuaries which are Natural
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environmental designations in this Master Program.
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26.
Aquaculture developments that culture fin fish shall only use
offspring of brood stock that has been approved by appropriate
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state and federal agencies. Records of the source of brood
stock and the genetic background of smolts shall be maintained
and made available to the County upon request.
27.
Upland aquaculture developments in Suburban and Conservancy
designations
be
screened
view
adjacent
from
from
shall
residential or recreational areas by fences, berms, and/or
vegetative buffers.
28.
Floating aquaculture developments shall not be located within
1,500 feet of public parks and designated Historic Districts
unless a visual assessment demonstrates that no significant
impact on the character of those areas would result.
RECOMMENDED REVISIONS TO SECTION 4.10 AQUATIC DESIGNATION
Definition
The Aquatic designation refers to all water bodies,
including
marine waters, lakes, rivers, and'streams, and their respective
water columns and underlying lands that are defined as shorelines
of the state.
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Policies:
1.
The aquatic environment should be managed for appropriate use
activities, allowing either multiple use or single dominant
use in areas of unique conditions,
while recognizing and
ensuring
compatibility
adjacent'
upland
shoreline
with
2.
designations.
Abandoned structures within the Aquatic designation should be
removed when they no longer serve their permitted use unless
retaining such structures will provide a net environmental
benefit,
artificial reef effect of concrete
for example,
anchors.
3.
All structures placed on the water's surface should have as
Iowa profile as possible to minimize visual intrusion.
4.
Potential conflicts with adjacent uses such as commercial
fishing, recreation, and navigation should be considered in
the review 'of proposed aquatic developm'ents.
Developments
should not be permitted where they would materially interfere
with existing uses.
5.
Aquatic developments should not locate in areas where the
ecological quality of the shoreline environment would be
significantly degraded.
6.
Aquatic developments should be designed and located to ensure
that they do not have a significant adverse impact on natural
dynamic processes of shoreline formation or change.
7.
Aquatic developments should make minimal and appropriate use
of approved pesticides,
herbicides,
antibiotics,
vaccines,
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growth stimulants, or other chemicals. Operators shall receive
prior review and approval for their use from the appropriate
federal and state agencies.
Only Federal and state approved anti-fouling agents should be
used in aquatic developments.
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Performance standards:
structures, equipment, and materials shall be removed as soon
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1.
as practicable upon the cessation of a project's operation or
a structure's useful life. Any structure that is damaged or
breaks away in the water shall be repaired or removed by the
permittee as soon as practicable. Permittees who anticipate
a temporary interruption of the use of a facility or structure
may be allowed to keep it in its permitted location provided
they notify and receive written concurrence fro~ the Jefferson
County Planning and Building Department. Any structure not
utilized for over one (1) year shall be removed regardless of
future
anticipated
use unless
prior
permission has
been
granted
by
the
Jefferson
County
Planning
Building
and
Department upon showing of good cause.
2.
Permittees for developments in the Aquatic designation shall
be required to post a performance bond or other sui table
guarantee to ensure removal of all structures, equipment, and
materials, should the project cease operation. The County may
require security beyond that required by the state if it is
determined that state requirements are not adequate to secure
removal of structures.
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3.
4.
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Permittees shall be liable for all damages to public and
private property should their structures fail. The County may
require liability insurance beyond that required by the state
if it is determined that state requirements are not adequate
to cover damages.
Aquatic developments shall not be approved in narrow channels I
shipping lanes, or in other areas where they are a significant
5.
hazard to navigation.
All structures that could interfere with navigation shall be
marked in accordance with the u.s. Coast Guard Private Aids
to Navigation.
6.
The
maximum
noise
generated
in
Aquatic
the
level
for
designation shall be 50 dBA at a distance of 100 feet. This
standard shall not apply to vessels that.are underway. All
feasible methods shall be employed to minimize over-water
noise generation.
7.
structures placed in the Aquatic designation shall blend into
the surroundings to the greatest extent feasible utilizing
appropriate color(s), texture, non-reflective materials, and
other design characteristics.
RECOMMENDED ADDITIONS TO OTHER SECTIONS
1.
SECTION 1.20 PURPOSES - Goals:
Water quality:
Development
should be located, designed, constructed, and operated so as
not to degrade water quality as measured by state water
quality standards.
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SECTION 4,,102 NATURAL DESIGNATION:
policy:
Aquaculture
developments
and
mechanized harvest
practices involving substantial substrate modification through
dredging, trenching, digging, or adverse sedimentation should
be prohibited in wet. lands and estuaries which are Natural
environmental designations in this Master Program.
3.
SECTION 5.50 COMMERCIAL and SECTION 5.90 INDUSTRIAL AND PORT
FACILITIES:
Performance
Standard:
Upland
commercial
industrial
or
structures in Suburban or Conservancy designations shall be
screened from view from adjacent residential or recreational
areas by fences, berms, and/or vegetative buffers.
4.
SECTION 5.70 DREDGING:
Performance Standard: Proposals for the mechanical harvesting
of subtidal and intertidal benthic infauna such as hardshell
clams
shall
be
processed
conditional
under
the
as
uses
policies and performance standards of this section if they
involve substantial substrate modification through dredging,
trenching, digging, or adverse sedimentation.
Performance Standard: Proposals for the mechanical harvesting
of subtidal and intertidal benthic infauna such as hardshell
clams that involve substantial substrate modification shall
not be permitted in kelp beds or in eel grass beds unless
approved by the Washington State Department of Fisheries.
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5.
SECTION 4.40 CLASSIF~CATION TABLE~ Shoreline Designations and
Project Classifications:
AQUACULTURE MATRIX
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Urban Suburban Conservancy Natural Aquatic
Passive/Enhancement P P P C P
Extensive Upland P S S X NA
Extensive Intertidal P S P s* <----
Extensive subtidal S. S S s* <----
Intensive Upland P S S X NA
Intensive Subtidal S S S s* <----
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P - Primary S - Secondary C - Conditional X - Prohibited
NA - Not Applicable <---- - Same as Upland
* See section 5.30, Aquaculture, Policy #11.
C:\AQUACULT\AQUACULT.Txt
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