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HomeMy WebLinkAboutsdp2023-00023 additional conditionsADDITIONAL CONDITIONS FOR SDP2023-00023 (BASED ON CONDITIONS ADDED BY THE HEARING EXAMINER FOR MLA20-00124/SDP2020-00018, CONDITIONS 26 THROUGH 34) 15. As required by other Conditions of Approval, the Permittee shall develop and operate in its Project as described in its application materials and supporting reports, and in compliance with other state or federal permits issued for any aspect of this project, including without limitation the following requirements and others added to provide clarity and transparency for the Permittee, County Staff, Project neighbors, and the general public, in any subsequent compliance or enforcement matter: A. The Permittee shall label gear and equipment placed in the leased-area with identification so that it can be more easily identified if discovered to have moved from its initial location. B. The Permittee has stated that the following shall be used in McDonald Cove to raise oyster: T-Posts in one- to two-foot lengths; UV-stabilized poly-ethylene mesh grow bags with UV-resistant Ziptie Fasteners and buoys; and ½-inch diameter Blue Steel Marine Rope The Permittee shall regularly update the inventory of all non-biodegradable gear and materials used as part of this aquaculture project (including without limitation plastic items), categorizing the type, volume, location, and intended use of such materials. A copy of such written inventory shall be submitted to the Shoreline Administrator, and placed in the Permit file, with updates provided as needed to keep the inventory current, at least on a semi-annual basis. C. The Permittee shall remove all oyster bags at intervals under 1 year due to the need to remove biofouling on the bags. D. Oysters are to be harvested by hand. E. All activities undertaken in connection with this Project shall be conducted in compliance with any applicable fish or habitat related work windows. F. The Permittee shall perform beach patrols in the Project area within 24 hours of storm events or king tide events or as soon as safe conditions exist, with the retrieval by Permittee of any of its escaped equipment. G. The Permittee shall retrieve any of its escaped equipment within 72 hours of the Permittee receiving notification of the presence of the Permittee’s escaped equipment, or as soon as safe conditions exist. H. The Permittee is to provide contact numbers/email addresses for addressing and responding to reports of any permit violations (including without limitation reports of escaped equipment), and this information is to be regularly updated and posted on the Black Shield website (www.BlackShieldOysters.com), shared with the County, and shared with individuals who request the contact information from the Permittee. 16. All activities and development authorized by this permit shall be consistent with the approved Project site plan and details included in the application materials, and compliant with current County codes, state regulations, health and safety codes, and federal law applicable to any aspect of the project or aquaculture operations, including without limitation all applicable standards and regulations for aquaculture projects found in JCC 18.25.440. 17. The Permittee shall obtain any associated permit, lease, license, or approval required by any state, federal, tribal, or other regulatory body with jurisdiction over any aspect of the project or proposed aquaculture operations. Any conditions of regulatory agency permits, leases, licenses, or approvals issued for any aspect of this project shall be considered conditions of approval for this permit and are incorporated herein by this reference, including, without limitation terms of any lease issued and approved by the Washington Department of Natural Resources or the permit issued by the Army Corps of Engineers. 18. The Permittee shall comply with all professional report conclusions and recommendations submitted in connection with the pending application for this project, as approved, referenced, relied-upon, and/or modified by the County. 19. Filing with the Department of Ecology; no construction allowed until appeal periods (and any appeals) have concluded. Consistent with WAC 173-27-190, it is expressly understood that construction or development activities pursuant to this permit shall not begin and are not authorized until twenty-one days from the date of filing with the Department of Ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated within twenty-one days from the date of such filing have been terminated; except as provided in RCW 90.58.140(5)(a) and (b). 20. Term of Permit. Consistent with JCC 18.25.440(4), because this shoreline substantial development permit is issued to authorize a new aquaculture use or development, this permit shall apply to the initial siting, construction, and/or planting or stocking of the facility or farm, and such approval shall be valid for a period of five years after the effective date of this permit; provided, that the County’s Shoreline Administrator may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension has been given to parties of record and the Department of Ecology. Any change to the time limits of this permit other than those authorized by this Condition shall require a new permit application. 21. As explained in JCC 18.25.440(4)(b), ongoing maintenance, harvest, replanting, restocking of or changing the species cultivated in any existing or permitted aquaculture operation is not considered new use/development, and shall not require a new permit, unless or until: (i) The physical extent of the facility or farm is expanded by more than 25 percent or more than 25 percent of the facility/farm changes operational/cultivation methods compared to the conditions that existed as of the effective date of this program or any amendment thereto. If the amount of expansion or change in cultivation method exceeds 25 percent in any 10-year period, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section; or (ii) The facility proposes to cultivate species not previously cultivated in the state of Washington. 22. JCC 18.25.780 provides that any shoreline permit issued by the County may be rescinded or modified upon a finding by the hearing examiner that the permittee or their successors in interest have not complied with conditions attached thereto, and that the administrator shall initiate recession or modification proceedings by serving written notice of noncompliance to the permittee or their successors and notifying parties of record at the original address provided in application review files. 23. Violations of a Shoreline Permit, including any conditions of approval, are subject to enforcement action by County or State officials, which can include substantial fines or penalties, abatement, corrective action, or other remedies set forth in County Codes and state shoreline regulations.