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Michelle McConnell
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Sent:
To:
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robindowney@pcsga.org
Monday, January 12, 2009 12:00 PM
Michelle McConnell
RE: Outreach materials online
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Thanks Michelle.
From: Michelle McConnell [mailto:mmcconnell@co.jefferson.wa.us]
Sent: Monday, January 12, 2009 11 :28 AM
To: robindowney@pcsga.org
Subject: RE: Outreach materials online
Hi Robin,
I did receive your voice mail as well on Thursday but was not available to respond. We haven't always used track
changes for the development of the12/3/08 Preliminary Draft SMP. Some changes made along the way would have
'disappeared' upon selection of the "Accept All Changes" feature of MS Word Track Changes.
The November 18, 2008 "STAC & SPAC Courtesy Copy" Preliminary Draft SMP Article 8, Section 2 on Aquaculture read
as follows:
1. Aquaculture
A. 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.
2. The County should support aquaculture uses and developments that:
1. Protect and improve water quality; and
11. Minimize damage to important nearshore habitats; and
111. Minimize interference with navigation and normal public use of surface waters; and
IV. Minimize the potential for cumulative adverse impacts.
3. When properly managed, aquaculture can result in long-term ecological and economic benefits.
The County should coordinate with the Department ofFish 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.
4. Aquaculture use and development should be designed, located and operated in a manner that
complies with applicable state and federal regulations and avoids significant adverse impacts on
ecological functions and natural shoreline formation processes such as net-shore drift.
5. Aquaculture use and development should locate in areas where biophysical conditions, such as
tidal currents, water temperature and depth, will minimize environmental impacts. If needed,
individual aquaculture uses and developments should be separated by a sufficient distance to
ensure that significant adverse cumulative effects do not occur.
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6. Aquaculture uses and developments that have minimal environmental and visual impacts should
be preferred over aquaculture that has more extensive impacts, in the following order:
1. Projects that require minimal in-water structures/apparatus/equipment should be preferred
over projects that involve substantial in-water structures/apparatus/equipment; and
11. Projects that require few land-based facilities should be preferred over those which require
extensive land facilities; and
111. Projects that involve minimal substrate disturbance or modification should be preferred
over those which involve extensive substrate disturbance or modification.
7. The County should support aquaculture use and development on tidelands when they are
consistent with this Program. Tidelands and bedlands that were acquired and retained under the
Bush and Callow Acts should be protected by not permitting non-aquaculture use and
development on these tidelands.
8. 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.
9. The County should promote cooperative arrangements between aquaculture growers and public
recreation agencies so that public use of shorelines does not conflict with aquaculture operations.
10. 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.
11. The County should support community restoration projects associated with aquaculture when
they are consistent with this Program.
12. Aquaculture uses and developments should not degrade critical habitat areas.
13. Chemicals, fertilizers, and genetically modified organisms should not be used in aquaculture
operations in Jefferson County.
B. Uses and Activities Prohibited Outright
I. Net pens, as defined in Article 2, and finfish aquaculture that uses herbicides, pesticides,
antibiotics, fertilizers, genetically modified organisms, or feed are prohibited.
C. Shoreline Environment Regulations
1. Priority Aquatic: Bottom and floating/hanging aquaculture may be allowed subject to the use and
development regulations of the adjacent upland shoreline environment.
2. Aquatic: Bottom and floatinglhanging aquaculture may be allowed subject to the use and
development regulations of the adjacent upland shoreline environment.
3. Natural: Bottom culture, except for geoduck aquaculture, may be allowed subject to policies and
regulations of this Program. Floatinglhanging aquaculture may be allowed with a conditional use
permit. Geoduck aquaculture may be allowed with a conditional use permit.
4. Conservancy: Bottom culture, except for geoduck aquaculture, may be allowed subject to
policies and regulations of this Program. Floatinglhanging aquaculture may be allowed subject to
policies and regulations of this Program. Geoduck aquaculture may be allowed with a
conditional use permit.
5. Shoreline Residential: Bottom aquaculture, except for geoduck aquaculture, may be allowed
subject to policies and regulations of this Program. FloatinglHanging aquaculture and geoduck
bottom culture may be allowed with a conditional use permit.
6. High Intensity: All aquaculture uses and developments are prohibited.
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D. Regulations - General
1. When a shoreline permit is issued for a new aquaculture use or development, that permit shall
apply to the initial siting, construction, and/or planting or stocking of the facility or farm. Ifthe
initial approval is a shoreline substantial development permit, it shall be valid for a period of five
(5) years. If the initial approval is a conditional use permit, it shall be valid for the period
specified in the permit.
2. Ongoing maintenance, harvest, replanting, restocking or changing the species cultivated in any
existing or permitted aquaculture operation shall not require a new permit, unless or until:
1. The physical extent of the facility or farm is expanded or altered by more than twenty-five
percent (25%) compared to the conditions that existed as of the effective date of this
Program or any amendment thereto. If the amount of expansion exceeds twenty-five
percent (25%) in any ten (10) year period, the entire operation shall be considered new
aquaculture and shall be subject to applicable permit requirements of this section; or
11. The facility proposes to cultivate species not previously cultivated in the state of
Washington.
3. Aquaculture uses and activities involving hatching, seeding, planting, cultivating, raising and/or
harvesting of planted or naturally occurring shellfish shall not be considered development, as
defined in Article 2, and shall not require a shoreline substantial development permit, unless:
1. The activity interferes with normal public use of surface waters; or
11. The activity involves placement of any structures as defined in Article 2; or
111. The activity involves dredging using mechanical equipment such as clamshell, dipper, or
scraper; or
IV. The activity involves filling of tidelands or bedlands.
4. The County shall assess the potential for interference described in 8.2.D.3 on a case-by-case
basis. Activities shall not be considered to interfere with normal public use of surface waters,
unless:
1. They occur in, adjacent to or in the immediate vicinity of public waters including public
tidelands; or
11. They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a
regular basis or in a manner that substantially obstructs public access, passage, or use of
surface waters at any water level.
5. Aquaculture activities not listed in 8.2.D.3 and listed activities that fail to meet any of the criteria
in 8.2.D.3 shall require a shoreline substantial development permit or conditional use permit, and
shall be subject to all of the following 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.
11. Separate aquaculture facilities/farms shall be located at least three-hundred (300) linear feet
apart (as measured parallel to the shoreline) to avoid cumulative effects on ecological
functions and processes and adjoining land uses.
111. 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 the Program.
IV. Overwater work shelters and sleeping quarters accessory to aquaculture use/development
shall be prohibited.
v. Floating/hanging aquaculture structures and associated equipment shall not exceed six (6)
feet in height above the water's surface.
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VI. 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.
V11. Aquaculture use and development shall not materially interfere with navigation, or access
to adjacent waterfront properties, public recreation areas, or tribal harvest areas.
V111. Aquaculture uses and developments shall be located at least six hundred (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. The County
may approve lesser distances based upon written documentation that US Fish and Wildlife
Service (USFWS), Washington Department ofFish and Wildlife (WDFW) and affected
tribes support the proposed location.
IX. Aquaculture use and development shall be sited so that shading and other adverse impacts
to existing red/brown algae, kelp, and eelgrass beds are avoided.
x. 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.
Xl. 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.
X11. Structures, apparatus and equipment for aquaculture use and development shall be
maintained in sound condition. Abandoned or unsafe structures, apparatus and equipment
shall be removed by the owner/applicant/proponent.
X11l. Aquaculture use and development shall employ non-lethal, non-harmful measures to
control birds and mammals. Control methods shall comply with existing federal and state
regulations.
XIV. Aquaculture use and development shall avoid use of chemicals, fertilizers and genetically
modified organisms except when allowed by state and federal law.
xv. All non-navigational lighting associated with aquaculture use and development shall be
designed and hooded to prevent the light source from being directly visible from outside
the boundaries ofthe property. Non-navigational lighting shall not adversely affect vessel
traffic or the use of surrounding properties.
6. Prior to issuing a permit for any proposed bottom culture or floating/hanging culture use or
development, the County may require copies of technical studies and lor permits required by
state and/or federal agencies to ensure the provisions of this Program are met. Information that
the County may require includes, but is not limited to, the following:
1. Anticipated harvest cycles and potential plans for future expansion or change in species
grown or harvest practices
11. Department of Fish and Wildlife (DFW) commercial aquatic fann or non-commercial,
personal consumption designation.
111. Department of Health (DOH) Shellfish Certification Number.
IV. Number, types and dimensions of structures, apparatus or equipment.
v. Predator control methods.
VI. Anticipated levels of noise, light, and odor and plans for minimizing their impacts.
V11. Potential impacts to animals, plants, and water quality due to the discharge of waste water
from any upland development.
V111. Proof of direct coordination between the aquaculture operator and tribes with Usual and
Accustomed Areas encompassing the project to ensure that the rights of treaty tribes are
addressed.
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IX. Proof of application for any permits required by the U.S. Army Corps of Engineers,
Department of Health, or other agency.
x. Proof of application for an aquatic lands lease from the Washington State Department of
Natural Resources or proof of lease or ownership ifbedlands are privately held.
7. Prior to approving a permit for floating/hanging aquaculture use and development or bottom
culture involving structures, the County may require a visual analysis prepared by the
applicant/proponent describing effects on nearby uses and aesthetic qualities of the shoreline.
The analysis shall demonstrate that adverse impacts on the character of those areas are
effectively mitigated.
8. The County shall prohibit any bottom culture or floating/hanging culture use or development
based on an unbiased and scientifically valid determination that the use or development would:
1. Have a significant adverse impact on shoreline formation processes or shoreline ecological
functions; or
11. Materially interfere with normal public use of surface waters.
The August 21,2008 STAC & SPAC 'Sneak Peek' version of Chapter 8 Aquaculture section is attached showing the'line-
in, line-out' format.
Hope this helps!
Best wishes,
Michelle
<><><><><><><><><><><><><><><><><>
Michelle McConnell, Associate Planner - LRP Lead
Shoreline Master Program (SMP) Update Project Manager
Direct: 360.379.4484
Web: http://www.co.jefferson.wa.us/commdevelopment/ShorelinePlanning.htm
NEW OFFICE HOURS: 9 a - 4:30 p Monday - Thursday; Closed on Friday
<><><><><><><><><><><><><><><><><>
NOTE: All e-mail sent to this address will be received by the Jefferson County e-mail system and are subject to Public Disclosure under Chapter 42.56 RCW.
From: robindowney@pcsga.org [mailto:robindowney@pcsga.org]
Sent: Thursday, January 08, 2009 4:26 PM
To: Michelle McConnell
Subject: RE: Outreach materials online
Hi Michelle
I left you a message earlier this afternoon so I apologize if you get this request twice. I would like to see the "red line"
(track changes) version of the latest draft so I can compare it more easily to the last version I saw. That would be very
helpful as I prepare comments for the hearing on the 21st. Thanks very much
Robin
From: Michelle McConnell [mailto:mmcconnell@co.jefferson.wa.us]
Sent: Thursday, January 08,20093:39 PM
To: Michelle McConnell
Subject: SMP: Outreach materials online
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Hello All,
Hope everyone is staying warm & safe with the high winds and power outages today!
Please note webpage revisions have been made including:
. Creating a new, separate page for the SMP Update project linked from the Shoreline Management & Planning
page http://www.co.iefferson.wa.us/commdevelopment/ShorelineUpdate2005-9.htm ;
. Public Outreach page - slideshow presented to Jefferson County Realtors
http://www.co.iefferson.wa.us/commdevelopment/ShorelinePublicOutreach.htm ;
. Public Outreach page - mailings that have gone out to shoreline property owners over the last 2+ years
http://www.co.iefferson.wa.us/commdevelopment/ShorelinePublicOutreach.htm#Direct Mailings; and
. The "side-by-side" comparison document presented at last night's Planning Commission meeting
http://www.co.iefferson.wa.us/com mdeve lopment/Shore line Update 2005-
9.htm#Formal Public Review Process
Upcoming Dates:
January 21- Public Hearing wi Planning Commission (6:30 pm WSU Extension, Port Hadlock)
January 30 - Close of Public Comment; Mail to DCD - SMP Comments, 621 Sheridan St., Port Townsend, WA 98368 or
email to me.
Cheers,
Michelle
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<><><><><><><><><><><><><><><><><>
Michelle McConnell, Associate Planner - LRP Lead
Shoreline Master Program (SMP) Update Project Manager
Direct: 360.379.4484
Web: www.co.jefferson.wa.us/commdevelopment/ShorelinePlanning.htm
Jefferson County Department of Community Development
Long Range Planning Division
621 Sheridan St., Port Townsend, W A 98368
Front Desk: 360.379.4450
Fax: 360.379.4473
NEW OFFICE HOURS: 9 a - 4:30 p Monday - Thursday; Closed on Friday
<><><><><><><><><><><><><><><><><>
NOTE: All e-mail sent to this address will be received by the Jefferson County e-mail system and is subject to Public Disclosu,e under Chapter 42.56 RCW.
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