Loading...
HomeMy WebLinkAboutFindings for SMPC:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 1 ROCK POINT OYSTER COMPANY FLUPSY PROJECT DRAFT FINDINGS AND CONSISTENCY WITH COUNTY SHORELINE MASTER PLAN POLICIES AND REQUIREMENTS Aquaculture Policies 1. Aquaculture is a preferred, water-dependent use of regional and statewide interest that is important to the long-term economic viability, cultural heritage and environmental health of Jefferson County. Consistent with this policy, the project proposes to continue to support aquaculture uses in an area that is already utilized for aquaculture, creating a synergy with Rock Point Oyster’s existing adjacent shellfish farm and processing facilities. Further, the FLUPSY will provide seed that can be used to expand existing and proposed shellfish farms in Jefferson County. 2. The county should support aquaculture uses and developments that: (i) Protect and improve water quality; and Impacts to water quality associated with continued operation of the FLUPSY would be limited to minor turbidity increases during weekly washing of the bins and rafts. The amount of material would not be significant relative to surrounding water quality conditions and would not be a change from existing baseline conditions. Avoidance, minimization, and conservation measures to be followed by the applicant that would be protective for water quality conditions include: no unsuitable material discharged into the water, no toxic compounds used, and use of spill prevention plans to ensure that no petroleum products are released into the water. (ii) Minimize damage to important nearshore habitats; and The project would not result in any adverse impact to nearshore habitats. The FLUPSY is located in an area that is already utilized for shellfish aquaculture. Rock Point Oyster has submitted a Biological Assessment that considers the potential impacts from the FLUPSY to threatened and endangered species and their critical habitat from the installation and operation of the system, as well as any potential effects from the project on essential fish habitat as defined under the Magnuson-Stevens Fisheries Conservation and Management Act. This evaluation considered both short and long-term effects of the installation and ongoing operation of the facility, and concluded that the project was not likely to adversely affect threatened or endangered species and their critical habitat. No eelgrass, kelp, or other aquatic vegetation was identified within the project area. The project has been carefully designed to minimize any potential impact on the shoreline environment. The FLUPSY has been sited at a tidal elevation where it does not make contact with the substrate. The FLUPSY uses encapsulated foam consistent with U.S. Army Corps of Engineers and National Marine Fisheries Service (NMFS) regulations. Pump intakes are also screened pursuant to NMFS standards to protect against fish entrainment. Additional proposed conservation and minimization measures are set forth in the Biological Assessment. C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 2 (iii) Minimize interference with navigation and normal public use of surface waters; and The project site is located in an area owned by Rock Point Oyster and utilized for its shellfish farm. Other than Rock Point Oyster’s farm operations, there is not significant vessel traffic through the area occupied by the FLUPSY. The FLUPSY has been located in its current location since 2016 without any adverse encounters with vessel traffic or recreational uses and Rock Point Oyster has received no complaints that its current location interferes with public uses. The power cord used to power the FLUPSY is attached to the substrate and does not interfere with passing vessel traffic. The FLUPSY only takes up a small portion of the navigational channel and the current location allows passage around the FLUPSY by recreational users and infrequent commercial vessels. The project does not increase boat traffic as compared to existing conditions. (iv) Minimize the potential for cumulative adverse impacts, such as those resulting from in-water structures/apparatus/equipment, land-based facilities, and substrate disturbance/modification (including rate, frequency, and spatial extent). The project site is located in an area already used by Rock Point Oyster for its shellfish aquaculture farm and would not result in any geographic expansion of aquaculture activities. The FLUPSY supports Rock Point Oyster’s existing operations by providing seed for grow-out on its farm. The addition of the FLUPSY to Rock Point Oyster’s existing 220 acre shellfish farm will result in negligible impacts in relation to the existing farm activities. As further described in the Biological Assessment, its limited environmental impacts are restricted to the geographic area immediately adjacent to the FLUPSY and there is no potential for it to contribute to other cumulative impacts from other sources or operations. Further, the project would not set any new precedent for Jefferson County, as the County already has approved other floating aquaculture projects in other areas of the County. 3. When properly managed, aquaculture can result in long-term ecological and economic benefits. The county should engage in coordinated planning to identify potential aquaculture areas and assess long-term needs for aquaculture. This includes working with the Department of Fish and Wildlife (DFW), the Department of Natural Resources (DNR), area tribes and shellfish interests to identify areas that are suitable for aquaculture and protect them from uses that would threaten aquaculture’s long-term sustainability. The project site is located within an area that has been used for shellfish cultivation since 1935. The project would not expand the geographic footprint of the shellfish farm beyond its existing area. The proposed FLUPSY strengthens the local economy by supporting Rock Point Oyster to continue to provide consistent employment for aquaculture uses. The project also would provide shellfish seed to other shellfish companies, thereby meeting a critical demand for shellfish seed in Washington State. The increased demand for ancillary business services associated with the increase in shellfish production will further benefit Jefferson County’s economy. C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 3 4. Aquaculture use and development should locate in areas where biophysical conditions, such as tidal currents, water temperature and depth, will minimize adverse environmental impacts. Individual aquaculture uses and developments should be separated by a sufficient distance to ensure that significant adverse cumulative effects do not occur. The FLUPSY is located in an area that has been established to be highly productive for shellfish cultivation and growth for decades. The FLUPSY is elevated at least three feet off the substrate at any given time. Further, the FLUPSY is located in close proximity to Rock Point Oyster’s processing facilities, thereby reducing boat trips to and from the FLUPSY and associated emissions. There are no other aquaculture uses in Tarboo Bay other than Rock Point Oyster’s existing farm. 5. The county should support tideland aquaculture use and development when consistent with this program and protect tidelands and bedlands that were acquired and retained under the Bush and Callow Acts by not permitting non-aquaculture use and development on these tidelands. This policy is generally supportive of the expansion of aquaculture within the county. Consistent with this policy, aquaculture uses will be developed on tidelands owned by Rock Point Oyster. 6. Intensive residential uses, other industrial and commercial uses, and uses that are unrelated to aquaculture should be located so as not to create conflicts with aquaculture operations. The project is consistent with this policy. It proposes aquaculture uses and no residential, industrial, or other commercial uses unrelated to aquaculture. 7. The county should promote cooperative arrangements between aquaculture growers and public recreation agencies so that public use of public shorelines does not conflict with aquaculture operations. The project is consistent with this policy. The project is located within Tarboo Bay approximately 300 feet from the shoreline. Therefore, there is no conflict with public uses of the shoreline. 8. Experimental forms of aquaculture involving the use of new species, new growing methods or new harvesting techniques should be allowed when they are consistent with applicable state and federal regulations and this program. This policy supports approval of the project, which is for a relatively new aquaculture technique in Washington State, to promote the growth and development of shellfish seed using FLUPSYs. Jefferson County’s support for new aquaculture techniques is further aligned with the Department of Ecology’s Guidelines for local government updates to their shoreline master programs. The Guidelines state that “technology associated with some forms of present-day aquaculture is still in its formative stages and experimental. SMP’s should therefore recognize the necessity for some latitude in the development of this use as well as its potential impact on existing uses and natural systems.” WAC 173-26-241(3)(b)(i)(B). C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 4 9. The county should support community restoration projects associated with aquaculture when they are consistent with this program. The project does not include any community restoration projects; however, it is not inconsistent with any such project. 10. Commercial and recreational shellfish areas including shellfish habitat conservation areas are critical habitats. Shellfish aquaculture activities within all public and private tidelands and bedlands are allowed uses. Such activities include but are not limited to bed marking, preparation, planting, cultivation, and harvest. The FLUPSY would be installed on private tidelands where shellfish aquaculture is permitted by the County and other regulatory agencies. 11. Chemicals and fertilizers used in aquaculture operations should be used in accordance with state and federal laws, and this program. The project does not use any chemicals or fertilizers. 12. The county recognizes upland finfish aquaculture is considered a type of agricultural production by the Jefferson County Comprehensive Plan, RCW 36.70A.030, and 90.58.065. However, for purposes of this program, upland finfish aquaculture should instead be managed as aquaculture and aquaculture activities, as defined in Article II of this chapter. The project does not propose finfish aquaculture. 13. Finfish aquaculture that uses or releases herbicides, pesticides, antibiotics, fertilizers, pharmaceuticals, non-indigenous species, parasites, viruses, genetically modified organisms, feed, or other materials known to be harmful into surrounding waters should not be allowed unless significant impacts to surrounding habitat and conflicts with adjacent uses are effectively mitigated. The project does not propose finfish aquaculture. 14. The county should prefer all finfish aquaculture use and development (in-water and upland) that operates with fully contained systems that treat effluent before discharge to local waters over open systems. The project does not propose finfish aquaculture. 15. The county should allow in-water finfish aquaculture in the open waters of the Strait of Juan de Fuca only when the area seaward of the ordinary high water mark (OHWM) which is subject to the county’s jurisdiction extends a considerable distance, and when consistent with other provisions of this program. The project does not propose finfish aquaculture. C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 5 16. The county should prohibit in-water finfish aquaculture in waters of Jefferson County where there are habitat protection designations in place and/or water quality issues documented. The project does not propose finfish aquaculture. Aquaculture Regulations 1. Subtidal, intertidal, floating, and upland structures and apparatus associated with aquaculture use shall be located, designed and maintained to avoid adverse effects on ecological functions and processes. The FLUPSY is located in an area that is already utilized for shellfish aquaculture. Rock Point Oyster has submitted a Biological Assessment that considers the potential impacts from the FLUPSY to threatened and endangered species and their critical habitat from the installation and operation of the system, as well as any potential effects from the project on essential fish habitat as defined under the Magnuson-Stevens Fisheries Conservation and Management Act. This evaluation considered both short and long-term effects of the installation and ongoing operation of the facility, and concluded that the project was not likely to adversely affect threatened or endangered species and their critical habitat. No eelgrass, kelp, or other aquatic vegetation was identified within the project area. Forage fish spawning has also not been documented in the project area. Within Tarboo Bay, outmigrating juvenile salmonids may avoid the direct footprint of the FLUPSY but would not be excluded from other habitat in Tarboo Bay. Additionally, juvenile salmonids are more likely to occur closer to the shoreline during outmigration. Therefore, the FLUPSY is unlikely to significantly affect or impede juvenile salmonid migration. Regarding coho salmon migration from Tarboo Creek, coho salmon fry typically rear in their natal stream for a year before out-migrating. Therefore, outbound juveniles would be larger in size and would not spend a significant amount of time within the estuarine environment where the FLUPSY is located. Given the FLUPSY’s location away from shore, it is unlikely to act as a barrier for out-migrating juvenile coho salmon. The Project is not likely affecting adult salmonids. Returning salmonids heading to Tarboo Creek may remain briefly within Tarboo Bay but are not likely to be impeded by the presence of the FLUPSY. Water levels in the creek when fish are returning are a higher limiting factor in returns compared to the presence of the FLUPSY. It is unlikely the small footprint of the FLUPSY affects fish transiting through the bay. Overall, effects to fish migration are not expected to be occurring from the existing FLUPSY or continued operation of the Project. The FLUPSY does not extend from the shoreline and would not result in consistent shading underneath. There is no evidence to support significant changes in fish behavior resulting from the presence of the FLUPSY. There is also no indication that overwater structure results in increased potential for predation or impediments to adult access to spawning areas. Therefore, the effect to the fish migration corridor from the FLUPSY is considered to be minor. C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 6 2. The county shall consider the location of proposed aquaculture facilities/farms to prevent adverse cumulative effects on ecological functions and processes and adjoining land uses. The county shall determine what constitutes acceptable placement and concentration of commercial aquaculture in consultation with state and federal agencies and tribes based on the specific characteristics of the waterbody, reach, drift cell, and uplands in the vicinity of the farm/facility. The project site is located in an area already used by Rock Point Oyster for its shellfish aquaculture farm and would not result in any geographic expansion of aquaculture activities. It supports Rock Point Oyster’s existing operations by providing seed for grow-out on its farm. The addition of the FLUPSY to Rock Point Oyster’s existing 220 acre shellfish farm will result in negligible impacts in relation to the existing farm activities. As further described in the Biological Assessment, its limited environmental impacts are restricted to the geographic area immediately adjacent to the FLUPSY and there is no potential for it to contribute to other cumulative impacts from other sources or operations. The project location is within an area already approved by the Washington State Department of Ecology and U.S. Army Corps of Engineers for shellfish cultivation. 3. Upland structures accessory to aquaculture use that do not require a waterside location or have a functional relationship to the water shall be located landward of shoreline buffers required by this program. The project does not propose any upland structures. 4. Overwater work shelters and sleeping quarters accessory to aquaculture use/development shall be prohibited. The project does not propose overwater work shelters or sleeping quarters. 5. Floating/hanging aquaculture structures and associated equipment shall not exceed 10 feet in height above the water’s surface. The administrator may approve hoists and similar structures greater than 10 feet in height when there is a clear demonstration of need. The 10-foot height limit shall not apply to vessels. The FLUPSY has a maximum height of 30” above the water’s surface. 6. Floating/hanging aquaculture facilities and associated equipment, except navigation aids, shall use colors and materials that blend into the surrounding environment in order to minimize visual impacts. The FLUPSY is made of aluminum with Trax decking. As noted above, it has a low profile that allows it to blend into the surrounding visual environment. The project is located in an area that is characterized by existing aquaculture uses; there should be minimal alteration in view of Tarboo Bay from the shore. C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 7 7. Aquaculture use and development shall not materially interfere with navigation, or access to adjacent waterfront properties, public recreation areas, or tribal harvest areas. Mitigation shall be provided to offset such impacts where there is high probability that adverse impact would occur. This provision shall not be interpreted to mean that an operator is required to provide access across owned or leased tidelands at low tide for adjacent upland owners. The project will not result in any interference with navigation, access to waterfront properties, public recreation areas, or tribal harvest areas. The project site is located in an area owned by Rock Point Oyster and utilized for its shellfish farm. Other than Rock Point Oyster’s farm operations, there is not significant vessel traffic through the area occupied by the FLUPSY. The FLUPSY has been located in its current location since 2016 without any adverse encounters with vessel traffic or recreational uses and Rock Point Oyster has received no complaints that its current location interferes with public uses. The power cord used to power the FLUPSY is attached to the substrate and does not interfere with passing vessel traffic. The FLUPSY only takes up a small portion of the navigational channel and the current location allows passage around the FLUPSY by recreational users and infrequent commercial vessels. The project does not increase boat traffic as compared to existing conditions. The project does not involve any development near nearshore areas or waterfront properties that would impede access. There are no public recreation areas or tribal harvest areas near the FLUPSY location. 8. Aquaculture uses and developments, except in-water finfish aquaculture, shall be located at least 600 feet from any National Wildlife Refuge, seal and sea lion haulouts, seabird nesting colonies, or other areas identified as critical feeding or migration areas for birds and mammals. In-water finfish facilities, including net pens, shall be located 1,500 feet or more from such areas. The county may approve lesser distances based upon written documentation that U.S. Fish and Wildlife Service (USFWS), Washington Department of Fish and Wildlife (WDFW) and affected tribes support the proposed location. The project is located at least 600 feet away from any National Wildlife Refuge, seal and sea lion haulouts, seabird nesting colonies, and other areas identified as critical feeding or migration areas for birds and mammals. 9. Aquaculture use and development shall be sited so that shading and other adverse impacts to existing red/brown macro algae (kelp), and eelgrass beds are avoided. There is no native eelgrass present within the action area or within 500 feet of the FLUPSY. Washington Department of Natural Resources has documented eelgrass (a mix of Zostera marina and Zostera japonica) within Dabob Bay, but none has been documented on the Rock Point Oyster Tarboo Bay Farm. Kelp has not been identified in Tarboo Bay by either the Washington State Department of Ecology or Rock Point Oyster Company. The FLUPSY is located in a subtidal location (i.e., -8 to -10 feet mean lower low water [MLLW]) that is not known to support a sustained population of kelp, eelgrass, or other macroalgae. C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 8 10. Aquaculture uses and developments that require attaching structures to the bed or bottomlands shall use anchors, such as helical anchors, that minimize disturbance to substrate. The FLUPSY is anchored in a subtidal area that is at least 8 feet to 10 feet deep at low tide. Helical screw anchors or standard claw anchors are used at each of the four corners to hold the FLUPSY in place. 11. Where aquaculture use and development are authorized to use public facilities, such as boat launches or docks, the county shall reserve the right to require the applicant/proponent to pay a portion of the maintenance costs and any required improvements commensurate with the applicant’s/proponent’s use. The project does not propose any use of public facilities. Boats are launched from a private dock associated with Rock Point Oyster’s processing facilities. 12. Aquaculture use and development shall employ nonlethal, nonharmful measures to control birds and mammals. Control methods shall comply with existing federal and state regulations. The project does not involve any predator control measures. 13. Aquaculture use and development shall avoid use of chemicals, fertilizers and genetically modified organisms except when allowed by state and federal law. The project does not use any chemicals or fertilizers. 14. Non-navigational directional lighting associated with aquaculture use and development shall be used wherever possible and area lighting shall be avoided and minimized to the extent necessary to conduct safe operations. Non-navigational lighting shall not adversely affect vessel traffic. Maintenance activities will occur primarily during daytime hours and therefore do not need any extra lighting. No area lighting will be used on site. 15. Aquaculture waste materials and by-products shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (Chapter 90.48 RCW). Any aquaculture waste materials and by-products will be disposed of at Rock Point Oyster’s upland facilities. C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 9 Shoreline Master Program Policies 1. All shoreline use and development, including preferred uses and uses that are exempt from permit requirements, shall be located, designed, constructed, conducted, and maintained in a manner that maintains shoreline ecological processes and functions. Uses and developments that cause a net loss of ecological functions and processes shall be prohibited. Any use or development that causes the future ecological condition to become worse than current condition shall be prohibited. Aquaculture is a preferred water-dependent use and the FLUPSY is proposed in a location that is already utilized for aquaculture operations. As noted above, the project is not anticipated to result in any loss to ecological processes and functions. 2. The county shall consider the cumulative impacts of individual uses and developments, including preferred uses and uses that are exempt from permit requirements, when determining whether a proposed use or development could cause a net loss of ecological functions. See above discussion regarding cumulative impacts. 3. Water-Oriented Uses/Development. When otherwise consistent with this program and Chapter 18.22 JCC, the following water-oriented uses/developments may be permitted within a shoreline buffer without a shoreline variance. The amount and extent of buffer modification shall be the minimum needed to accommodate the allowed use/development. This allowance for water-oriented uses/developments within shoreline buffers without a shoreline variance may apply to the primary use and/or to the following accessory uses/structures: Primary uses and structures that meet the definition of a water-dependent or water-related use/development as defined in Article II of this chapter. The project is a water-dependent use that will be located in the water. Therefore, no buffer is appropriate or required. 4. Proponents of new shoreline use and development, including preferred uses and uses exempt from permit requirements, shall: (i) Preserve and protect historic, archaeological and cultural resources that are recorded by the Washington State Department of Archaeology and Historic Preservation and resources that are inadvertently discovered during use or development activities; and (ii) Consult the county department of community development, the Washington State Department of Archaeology and Historic Preservation, affected tribes, and/or other appropriate agencies prior to beginning development so there is ample time to assess the site and make arrangements to preserve historical, cultural and archaeological resources; and C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 10 (iii) Comply with all state and federal regulations pertaining to archaeological sites. The project site was previously reviewed and evaluated by the U.S. Army Corps of Engineers as part of the permitting process to issue a permit under Section 10 of the Rivers and Harbors Act (NWS-2007-1150). No historic or cultural resources were identified. The applicant has also consulted with the Skokomish, Jamestown S’Klallam, and Port Gamble S’Klallam Tribes and the Tribes have not identified any cultural or historic resources within the project area. There is no excavation or construction activity proposed; therefore, there is no possibility of disturbance to cultural or historic resources. While there is very little likelihood of disturbance, if there is any inadvertent discovery of historic, cultural, or archaeological resources, or human remains, Rock Point Oyster will comply with County regulations concerning their identification, handling, and preservation. 5. Opportunities to provide visual and/or physical public access shall be considered during the review and conditioning of all proposed commercial and industrial shoreline developments and residential developments involving more than four residential lots or dwelling units. The project is located over 300 feet from the shoreline; therefore, there are no impacts to public shoreline access or opportunity to increase shoreline access. The project is not a shoreline development. 6. View Maintenance. Proponents of all new shoreline uses or developments shall use all feasible techniques to maximize retention of existing native shoreline vegetation while allowing for shoreline views. The project does not impact native shoreline vegetation or shoreline views. 7. All materials that may come in contact with water shall be composed of nontoxic materials, such as wood, concrete, approved plastic composites or steel, that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenate or pentachlorophenol is prohibited in shoreline water bodies. The FLUPSY is made of aluminum with plastic-encapsulated floats approved by the U.S. Army Corps of Engineers and consistent with NMFS requirements. The FLUPSY has Trax decking which is also consistent with state and federal requirements. The only wood is treated lumber which is the trim above the water line. 8. Solid and liquid wastes and untreated effluents shall not be allowed to enter any ground water or surface water or to be discharged onto land. The release of oil, chemicals, genetically modified organisms or hazardous materials onto land or into the water is prohibited. C:\Users\smithrm\Desktop\Jefferson County Findings_USW_Active01_507261246_3.DOC 11 The project will comply with this condition. The project does not use any genetically modified organisms. The project incorporates the following best management practices to avoid the release of oil, chemicals, or other hazardous materials: • For boats and other gas-powered vehicles or power equipment that cannot be fueled in a staging area 150 feet away from a waterbody or at a fuel dock, fuels shall be transferred in Environmental Protection Agency-compliant portable fuel containers 5 gallons or smaller at a time during refilling. A polypropylene pad or other appropriate spill protection and a funnel or spill-proof spout shall be used. A spill kit shall be available and used in the event of a spill. All spills shall be reported to the Washington Emergency Management Office at (800) 258-5990. All waste oil or other clean-up materials contaminated with petroleum products shall be properly disposed of off-site. • Direct or indirect contact of toxic compounds, including creosote, wood preservatives, paint, etc., with the marine environment shall be prevented. This does not apply to boats. • Unsuitable material (e.g., trash, debris, asphalt, or tires) will not be discharged or used as any part of the FLUPSY. • Any foam material (whether used for floatation or for any other purpose) must be encapsulated within a shell that prevents breakup or loss of foam material into the water and is not readily subject to damage by ultraviolet radiation or abrasion. Unencapsulated foam material used for current, on-going activities shall be removed or replaced. • At least once every three months, beaches in the project vicinity shall be patrolled by crews who shall retrieve debris (e.g., anti- predator nets, bags, stakes, disks, tubes) that escapes from the project area. Within the project vicinity, locations shall be identified where debris tends to accumulate due to wave, current, or wind action. After weather events these locations shall be patrolled by crews who shall remove and dispose of shellfish-related debris appropriately. A record shall be maintained with the following information and the record shall be made available upon request to the Corps, NMFS, and USFWS: date of patrol, location of areas patrolled, description of the type and amount of retrieved debris, other pertinent information.