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Home My WebLink About001 - Pre-application NotesPRE2023-00028 Pre-application Conference for New Aquaculture Structure Rock Point Oyster Company, Inc. Parcel (Intertidal): 701091004 Attendees: Lee Steele, Rock Point Oyster Company, Inc., Applicant; Robert Smith, K&L Gates LLC; Kelly McDonald, Confluence Environmental Company; Donna Frostholm, Jefferson County Department of Community Development (DCD). Pre-application Meeting Date/Location: November 7, 2023/10:00 PM/Virtual Owner/Applicant: Rock Point Oyster Company, Inc., 1733 Dabob Post Office Road, Quilcene, Washington 98376 Description of Completed Work: Obtain shoreline permit for floating upweller system (FLUPSY) installed in Dabob Bay in 2016. The FLUPSY was installed in the Tarboo area, which is the northern extent of Dabob Bay. Two floats are seasonally attached to an existing pier. DEVELOPMENT REVIEW The Jefferson County Code (JCC) is available online at the Jefferson County DCD homepage: https://co.jefferson.wa.us/260/Community-Development Land Use: • Zoning – An upland parcel, owned by Rock Point Oyster Company, Inc., is zoned Rural Residential One Unit/20 Acres (RR 1:20). This company has an existing aquaculture farm below ordinary high water mark (OHHWM) and installed a FLUPSY in an intertidal area of Dabob Bay. • State Environmental Policy Act (SEPA) – Proposal is subject to review under SEPA. Submit an Environmental Checklist. Shoreline Master Program (SMP): The SMP is in the process of being revised and the guidance below is based on current shoreline regulations. To be vested to the following SMP requirements, a complete shoreline application would need to be submitted prior to the effective date of the revised SMP. • Shoreline Designation – Conservancy above OHWM; Priority Aquatic below OHWM. • This type of aquaculture proposal would be reviewed as a shoreline substantial development permit (SSDP) application, using the Type III permitting process. Review of a Type III SSDP application requires a 30-day notice of application. The final county permitting decision is made by the Jefferson County Hearing Examiner, which triggers a notice of public hearing at least 10 days in advance of the hearing. The decision is forwarded on to Ecology for review and filing. The proposal would be reviewed against the following sections of the SMP: o JCC 18.25.350 – Boating Facilities (Float – Non-residential) o JCC18.25.440 – Aquaculture o JCC 18.25.540 – Substantial Development Criteria o JCC 18.25.230 through .250 (Article V – Shorelines of Statewide Significance) o JCC 18.25.270 through .320 (Article VI – General Policies and Regulations) Critical Areas: Jefferson County mapping indicates the following critical areas may be present: • Fish and wildlife habitat conservation areas (FWHCAs): This segment of the shoreline has the potential to serve as habitat for listed fish species. There is a 150-foot shoreline buffer associated with the marine shoreline. A Type F stream (150-foot buffer) and a Type N stream (50-foot buffer) that discharges to the bay. Submit a habitat management plan prepared by a qualitied professional that is consistent with Articles VI (Fish and Wildlife Habitat Conservation Areas) and IX (Special Reports) of Chapter 18.22 JCC that shows compliance with shoreline no net loss requirements (JCC 18.25.270(2)), including cumulative impacts (JCC 18.25.270(3)). Log Item 1 Page 1 of 3 • Wetlands: Wetland occur in the vicinity of the project area. Submit a wetland report/no net loss report prepared by a qualified professional that complies with Articles VII (Wetlands) and IX (Special Reports) of Chapter 18.22 JCC. As cumulative impacts assessment should be included in the report. Note: Once the new SMP goes into effect, wetland buffers may be larger than they are under current SMP. • Geologically hazardous areas: The shoreline above OHWM is mapped as a geologically hazardous area. No geotechnical report is required for the FLUPSY application. • Critical Aquifer Recharge Areas (CARAs) and seawater intrusion protection zones (SIPZs): The property is mapped as a CARA (susceptible) and as a SIPZ (coastal). The proposal is not expected to affect the SIPZ, and the JCC does not require a report for FLUPSY applications. • Frequently flooded areas (Zone AE). Construction will occur within a Federal Emergency Management Agency (FEMA)-mapped floodplain. If the proposal is being reviewed at the federal level for compliance with the Endangered Species Act (as part of U.S. Army Corps of Engineers permitting), no Habitat Assessment will be required by the county at the time of application. However, if no federal permit is required, a Habitat Assessment should be submitted that is consistent with the 2013 FEMA guidance document. Archaeology/Cultural Resources: • No report required at the time of application. However, if comments are received by Washington Department of Archaeology and Historic Preservation or the Tribes during noticing that indicates archaeological or cultural resources may be affected, then a report may be required. Stormwater: • Any development landward of OHWM must comply with JCC 18.30.060 (Grading and Excavation Standards) and 18.30.070 (Stormwater Management), and the 2019 Stormwater Management Manual for Western Washington. • Submit a Stormwater Calculation Worksheet and any other applicable stormwater sheets for any development landward of OHWM. • The development was required to ensure that sediments were not transported to the marine environment during construction. Application: Complete land use application includes: • Master Permit Application • Shoreline Supplemental Application • Site Plan • Diagram of installed system • Stormwater Calculation Worksheet and any applicable additional stormwater sheets • No Net Loss Report (Habitat Management Plan/Wetland Report), including Cumulative Impacts Assessment • Habitat Assessment (or Corps permitting paperwork) • Documentation that supports regulatory requirements in the SMP sections listed above • Joint Aquatic Resources Permit Application (JARPA) form • Shoreline Substantial Development Application: $4,525.70 ($2,675.00 – shoreline substantial development application; $149.00 – notice of application; $149.00 – notice of public hearing $12.00 – notice board; $26.75 – scanning fee; $1,298.44 – hearing examiner fee; $215.51 – 5% technology fee). BUILDING REVIEW No building permit is currently required to permit the FLUPSY. OTHER REGULATORY/LAND USE CONSIDERATIONS • The project must comply with the Shoreline Management Act. Log Item 1 Page 2 of 3 • The project may need a Hydraulic Project Approval (HPA) from Washington Department of Fish and Wildlife. • The project may require approval from Washington Department of Natural Resources. • This project may need a permit from the U.S. Army Corps of Engineers. This agency has jurisdiction over waters of the U.S., including wetlands. PRE-APPLICATION MEETING LIMITATIONS It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information provided by the administrator shall not bind or prohibit the county’s future application or enforcement of all applicable laws and regulations. No statement or assurance made by county representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of county, state and federal codes, laws, regulations and land use plans. Pre-application meetings do not vest any portion of the proposed development proposal. Log Item 1 Page 3 of 3