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HomeMy WebLinkAboutCA-01 EXHIBIT #C'A--O (0(3 ZS Log Item 40 Donna Frostholm Page 1 of 29 From: Marilyn Showalter <marilyn.showalter@gmail.com> Sent: Tuesday,June 3, 2025 11:49 AM To: Carolyn Gallaway Cc: Donna Frostholm;jesse@plauchecarr.com; Philip Hunsucker Subject: SEPA-MDNS Appeal SDP2024-00006 Rock Island (Robert Carson) Attachments: SEPA APPEAL SDP2024-00006.pdf ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello, Carolyn. Attached is an electronic PDF copy of the Notice of Appeal I filed with you today for SDP2024-00006, including the $1400 fee. When you establish a case number or url link where documents in this matter will be filed, please forward it to me. Thanks—Marilyn Marilyn Showalter 1596 Shine Rd Port Ludlow,WA 98365 (360)259-1700(cell) marilyn.showalter@Rmail.com 1 Log Item 40 Page 2 of 29 NOTICE OF APPEAL SEPA MITIGATED DETERMINATION OF NON-SIGNIFCANCE (MDNS) FILE NUMBER: SDP2024-00006 Rock Island Shellfish (Robert Carson) JEFFERSON COUNTY,WASHINGTON FULL NAMES: Marilyn Grace Showalter and Janet(Jan) Wold CONTACT,MAILING ADDRESS,AND EMAIL ADDRESS: Marilyn Showalter 1596 Shine Road Port Ludlow, WA 98365 marilyn.showalter@gmail.com 360-259-1700 FILE NUMBER: SDP 24-00006 DOCUMENT APPEALED: MDNS attached. STATEMENT OF INTEREST Marilyn Showalter I live on Shine Road on property I've owned for almost 50 years(since 1976). My property fronts on Squamish Harbor, Hood Canal, about a half-mile west of the parcels at issue in the MDNS. I am concerned that procedural requirements have not been met in this case, including a failure to notify me,as requested. I'm concerned about the enforceability of shellfish gear provisions, having picked up dozens of HDPE tubes in front of my property. And I'm concerned about the fire hazard posed by the structures and their contents on the subject parcels. (A serious fire occurred just up the hill from the project area in 2024,during a drought.) I'm concerned that there has been insufficient analysis of the project area. Jan Wold, POB 1340 Poulsbo, WA 98370,j.creek(a,hotmail.com I live on Shine Road on property I have owned for twelve years. My property is about one mile west of this proposed commercial shellfish farm. My property fronts Squamish Harbor and Hood Canal and includes the adjacent tidelands. I am concerned about the insufficient analysis and procedural deficiencies in the processing of this Jefferson County permit and how my ability to provide public input on the permitting is adversely affected. I am concerned about the impact on the habitat on the shoreline and on the tidelands,threatened and endangered species, aesthetics(including visually from the water and from the eastern portion of the Hood Canal Floating Bridge), eelgrass, kelp, forage fish, unstable slopes, plastic pollution and especially public safety and the fire hazard caused by the debris, buildings and propane containers along this dead end road with steep slopes. Log Item 40 Page 3 of 29 CONCISE STATEMENT OF FACTUAL AND LEGAL BASIS FOR APPEAL A. PROCEDURAL: The MDNS Does Not and Cannot Show Compliance with Procedural Requirements Every shoreline permit must be accompanied by demonstration of compliance with the State Environmental Policy Act(SEPA). Compliance with SEPA, including all review or waiting periods, is required before a decision on an application can be made. Shoreline Permitting Manual, p.43/69 1706029.pdf 1. The Notice of Application (NOA) is deficient in multiple critical particulars and does not comply with WAC 173-27-110,JCC 18.40.190,and RCW 36.70B.110 a) It is titled with the wrong case number, misleading the viewer at the outset. b) The deadline for commenting is a date more than two months earlier than the date of the notice, resulting in no comment period. c) The above two errors stand and draw the viewer's eye because they are bolded. d) There is no email address provided for commenting and no indication that emailed comments are allowed. e) The implication from the information that is provided is that comments must be mailed by snail mail, which is incorrect. f) The url given to view the(wrongly numbered)case file leads to a page that simply lists all Jefferson County departments.Image A, attached. g) Another url provided at the end of the NOA"for more information" leads to a non-operative page that says"We're sorry, but there is not a web page matching your entry."Image B, attached. h) If one uses the Jefferson self-help portal and goes to either the incorrect (SDP2024-00001)or the correct(SDP2024-00006) file number, there are no records—only a message that says"no records to display." i) There is a backwards sentence that states"if the permit is approved,"conditions will be developed to mitigate adverse impacts, instead of stating that conditions may be developed and considered before the permit is recommended or approved. j) The NOA incorrectly states that"Decisions of the Hearing Examiner may not be further appealed except to Superior Court." Hearing Examiner decisions under SMA must be appealed to the Shorelines Hearings Board. 2 Log Item 40 Page 4 of 29 k) The NOA states, again, in another part of the NOA that"Decisions of the Hearing Examiner may not be further appealed except to Superior Court." Appeal is to the Shorelines Hearings Board. 1) The NOA fails to state, as required by WAC 197-11-355, RCW 36.706.110, and JCC 18.40.190, other permits known by the County to be required. The County is fully aware, as documented in many cases, including this one, that the Applicant will need, at a minimum, permits from the US Army Corps of Engineers, the state Department of Health, and the state Department of Ecology. m) The County failed to send the NOA to at least one person who expressly requested, in writing, before issuance of the NOA, to be informed of any application for aquaculture tied to the Applicant's property. 2. The County was twice advised of some deficiencies,yet failed to a-Issue the NOA I informed DCD of errors a, b, i,j, and I, above on August 29, 2024,and November 14, 2024. DCD neither responded to me nor re-issued the NOA. There have been many months of time during which a correct NOA could have been issued without holding up any proceedings. At this point, one must regard these errors as deliberately adopted—or at least knowingly ignored. 3. The MDNS's appeal requirements are incorrect, incomplete,and confusing The Jefferson County Hearing Examiner Procedural Rules provide: RULE 3 PRE-HEARING PROCEDURES 3.1 Notice of Appeal (a) Purpose and Timing.A notice of appeal,together with the appropriate appeal fee,shall be filed with the examiner's office within 15 days of the date of the administrative decision.For enforcement actions under Chapter 8.90 JCC (Public Nuisances)an appeal or hearing fee shall not be required to file an appeal or hearing. However,the examiner may assign the costs of the hearing or appeal after the hearing. (b) Content of Notice of Appeal.A notice of appeal from an administrative decision shall,at a minimum contain the following information:(1)full name;(2) mailing address;(3)e-mail address(if available);(4)file number,license number,or other identifying number;(5)a copy of any decision,license,order, or other administrative decision;(6)a concise statement of the factual and legal basis for the appeal citing specifically the alleged errors in the administrative official's decision;and,(7)the specific relief sought. 3 Log Item 40 Page 5 of 29 The notice provisions in the MDNS fail to comply with Rule 3.1 and JCC 2.30.100 and are otherwise confusing or conflicting in the following ways: a) In one place, the MDNS says an appeal must be submitted to DCD at DCD's office. In another place, it says the appeal must be delivered to"the Administrator,"with no name or address given. But Hearing Examiner Rule 3.1(a) instructs the appeal to be filed"with the examiner's office." These instructions need to be reconciled with a cogent provision of when,where, and to whom the notice may be lawfully delivered. b) Delivery of a SEPA appeal to the custody of DCD, which is the opposing party of the appeal, would be a violation conflict-of-interest and appearance of fairness rules. See JCC 2.30.060 and Chapter 42.36 RCW. c) The MDNS requires the notice of the SEPA appeal to establish "standing." This is a legal term and a requirement that was repealed by Ordinance 12-19. The previous bullet in the MDNS already requires a statement of the appellant's interest. Adding the repealed provision is confusing and not authorized. d) The MDNS fails to state that a copy of the challenged decision is required to be included with the notice of the SEPA appeal, as required by Hearing Examiner Procedural Rule 3.l(b)(5). This actively misleads a would-be appellant into filing a flawed appeal. e) The MDNS states that the appeal must be"signed"by the Appellant. This is not a requirement of Rule 3.1 and can be particularly onerous when multiple people or organizations are appealing. DCD has no authority to prescribe this requirement. 4. The County was advised of some of the same deficiencies in another MDNS,yet failed to issue a correct MDNS in this(or that)case. More than a year ago, I pointed out some of these same deficiencies in an MDNS in MLA 19- 00036, including a copy of Hearing Examiner Procedural Rule 3.1. (DCD did not respond.) Thus, DCD has had plenty of notice and time to ensure that the instant MDNS is correct, with no slow-down of the process. In addition, prior to the issuance of this MDNS, I wrote on May 10, 2025, a letter to DCD and the Hearing Examiner, outlining several other procedural problems and requesting a review and more faithful adherence to lawful procedure by DCD and the Office of the Hearing Examiner. Further, this MDNS is actually the second one issued. The first one had an appeal deadline of six days hence. I wrote to DCD informing it of that and several other errors. A new MDNS was issued (the instant one), changing the deadline but not correcting other errors. One must conclude,then, that the procedural provisions in this MDNS were deliberately chosen. As such, DCD cannot claim in good faith that it has complied with SEPA procedural requirements. 4 Log Item 40 Page 6 of 29 B. SUBSTANTIVE ERRORS Substantively,the MDNS tries way too hard to avoid (but can't avoid)evaluating pertinent upland conditions on the parcels of which the tidelands are "part and parcel,"—and all of which are within the shoreline buffer. In addition, the listed conditions relating to compliance in oystering are vague and not effectively enforceable. 1. Current use of the upland portions of Carson's parcel requires review under SMA and SEPA. MDNS Condition 1 provides: 1. Use of the three upland parcels immediately adjacent to the project area and owned by the project proponent would trigger a review by Jefferson County Department of Community Development(DCD)that includes a shoreline permit and additional SEPA review.(Emphasis added.) DCD acknowledges, then, that uses in the future would trigger review. But the future is now. Carson has already cleared land,erected structures, stored valuable materials, stored propane tanks, parked vehicles,and slept on the property, to name just a few uses. All are within Shoreline Development jurisdiction. (All of Carson's parcels lie wholly within the shoreline buffer.) Both the Applicant and DCD appear to want to turn a blind eye to this reality, by limiting their view(and review)to the waterward part of the parcels. This is a crimped and unjustified interpretation of the SMA and SMP, but even under this interpretation,the trigger has already been pulled. In any event,the uplands are part of the project area and must be evaluated, including a site visit by DCD, as part of the application process. Of relevance: a) The recorded deeds and REETs for each of the three Carson parcels include both upland and tidal areas. b) Documents in the Application recognize that the"project area"includes the uplands, which include unstable banks. Image C. As DCD says in Log Item 1, page 2: Geologically hazardous areas: The shoreline above OHWM is mapped as a geologically hazardous area. If any clearing, grading, or other ground-disturbing activities would occur above OHWM to weld the shellfish gear, a geotechnical report prepared by a qualified professional will be required. c) Google Map Pro and Jeffco Parcel Map show a continuous expansion of use and development over the years Carson or his mother owned the property, including since Robert Carson has owned it.Images D, E, and F(partial chain of dated photos). 5 Log Item 40 Page 7 of 29 d) A large structure holding 10 double-size solar panels sits at the top of a bank less than 65 feet from the Ordinary High Water Mark(OHWM).Image G. e) A "shipping container"-type structure has been installed on the property. There may be other structures, as well, and there are fenced storage areas.Images H—J." f) Electricity is supplied to at least one of the structures. Image H. g) Carson appears to have ordered the construction of a structure from a commercial provider in 2022. (Jefferson Sheriff's photo can be provided.) h) At least one of the structures,an outdoor area, and a van have been used to store propane tanks and gas cans.Images K—M. i) Fire protection would be difficult, at best, as the parcels are at the bottom of a dead- end hairpin road, in a location where construction is prohibited.Image D. j) As of December 10, 2024, the property was used to store jewelry with an estimated value of$11,000.2 (Jefferson Sheriff's info can be provided) k) Even after the date of the MDNS, Carson appears to be still using the property, when he was seen on it, and when a small white car was seen driving away from the dead- end area, on May 30, 2025. In addition to being subject generally to the SMA,Carson's parcels are further constrained by being a Critical Area and in a"Shoreline of Statewide Significance." JCC 18.25.240. As such, under JCC 18.25.250 (1)and(9): When shoreline development or redevelopment occurs, it shall include restoration and/or enhancement of ecological conditions if such opportunities exist; Uses that have the potential to cause significant erosion and sedimentation due to excavation, land clearing, or other activities shall be strictly regulated to prevent adverse impacts to shoreline functions and processes; (Emphasis added.) Images H—M are from a Jefferson County Sheriff's investigation of a world-wide-reported theft,in which Mr. Carson was the victim. (The perpetrators tried to escape in a sinking dinghy with no oars.Jewelry thieves arrested after WV crash leads to rowboat escape on Port Gamble Bay)I received these photos in response to a public records request for records related to Mr.Carson's parcels. They had already been released to the media. I'd like to take this opportunity to state that I have met Mr.Carson once and found him pleasant and kind. In my opinion,the County has done him a disservice by failing to confront and resolve the procedural and upland issues that are part and parcel(literally)of this application process. 6 Log Item 40 Page 8 of 29 2. Before a valid SEPA determination can issue,DCD and the Applicant must resolve these upland issues. The current process should be suspended until all upland structures or uses within the shoreline buffer (i.e., all of them) are either removed or terminated; issued a permit or letter of exemption; or folded into and analyzed, including a site visit, as part of this permit process. (For a similar dynamic, see RBLD.2023-00013, Seven Sisters, requiring remediation or an approved remediation plan before continuing to next step under permit.) 3. MDNS Condition 3 is vague, not referenced,and not effectively enforceable without more precision. Condition 3 provides: The project proponent shall comply with all terms and conditions of the programmatic consultation to avoid and minimize impacts to listed species and critical habitat. This condition lacks specificity. What consultation? The document itself should be cited, as should page numbers of"all terms and conditions" and"listed species and critical habitat." 4. MDNS Condition 4 is likewise vague,with no reference,and no time-window for compliance. Condition 4 provides: All relevant shellfish culture conservation measures adopted by the U.S. Army Corps of Engineers shall be implemented. Where are these "measures"and who determines whether they are "relevant"?How will compliance with them be enforced?These questions must be answered. 5. MDNS Condition 5 cannot be effectively enforced Condition 5 provides: Record-keeping logs for materials retrieved within the project area as well as those for spills and cleanups shall be maintained, and made available to Jefferson County if requested. There is no way to ensure that these records are ever made, let alone maintained. If the County requests and receives some records, it has no way of knowing whether there could and should have been other required records. Further,there is no obligation for the County to ask for any records. The way to cure this problem is to require records to be kept AND require them to be submitted to the County and posted on a regular basis. 7 Log Item 40 Page 9 of 29 SPECIFIC RELIEF SOUGHT: The Hearing Examiner is requested to declare the MDNS legally insufficient and clearly erroneous for both procedural and(if necessary)substantive reasons, and to grant such other relief as may be appropriate. STATEMENT AND SIGNATURE: We do not believe this statement and our signatures are required, but nonetheless,the above information is true and correct to the best of our knowledge. (Original signed and dated) /s/ 6/3/2025 /s/ 6/2/2025 Marilyn Showalter Date Jan Wold Date Submitted June 3, 2025, accompanied by a check payable to Jefferson County for$1400.00 Attachments: Images A—M Notice of Application Annotated MDNS Annotated NOA Clean MDNS Clean 8 Log Item 40 Page 10 of 29 IMAGE A From the NOA: "The application submittal and related documents are available online:" https;//test.co jefl'erson.wa.us/WeblinkExternal/Browse.aspx?id=5992344&dbid4)&repo=Jefferson L oche WebL,nk Q "' Nser SM. Sawa Mien. ;effersoa r•"'" . meet.. te•.:,et«. •artar Sums neon,.:Llnramem Type Pop lawn AOW. AA a Sroy eree•r0a _A.opak Ne FAN f:9o•re ol<:.A.:vAe•t Yes Orr..n „i —ionmn.Y PNebp"em vet Loa.....1 .laTTtmty OesNepmret—a,qxel lemparary Nw'.,,e.4:-,n O•antme VI •%Annu tze lar AAA An,: Na c,for rs NS RAM .. eaeb Vas Cate AAA.per =Ky vte Ot nW'an _Ne,.K, Ws fhaNd Oat• V.na,:•SW/et: /icy Name last Name Pm,a Mm.z ras MLA .Sptrer.oert Are Occu+em: vez rrzel Number ,imy„e, Vey w.A......mm,lye• uaarn Vet rroMe Suva SSFM•el IMAGE B From the NOA: "For further information, please visit the Jefferson County Department of Community web page at"www.co.jefferson.wa.us/commdevelopment/ O. Jefferson County NICOL LfLFLson LMS MOM unw .• 11, EA%. 'et ' . _.:.-.- .1R . . '- _ © O O O O wOraa 'war IyttLi Noma hrlLiieL� Oxirod 9 Log Item 40 Page 11 of 29 IMAGE C From Log Item 3(Application),SDP2024-0006, page 78/103 (Includes uplands) Project Location: y U V The approximate location of the project can be viewed in Google Maps:https:// www.google.com/maps/@47.865839199999996,-122.63897102403662,14z Counties: Jefferson County,Washington IMAGE D Google Earth Pro Image dated 5-19-2019 p 111101111 • c> Eanh tT"'• .._ tmepny Daze:i79:7019 47'S2'O326'h 122'31125Or W e e. 13/f W.Mt W7 n 0 1!l Log Item 40 Page 12 of 29 IMAGE E Google Maps,Screenshot June 1,2025.White line is 100 feet. CZEIMINICID (3==3 CO _____ ® - ;. ,6 a .., . . „bo 1 m - I .4na a.a IMAGE F Jefferson County Parcel Map,screenshot June 1. 2025 rllenmt �.. r ♦ *Ft 4 Segmell[(h); ' --- go ''''',...' al.- -- t • le a - Total MI: a.- i flinir _- yids\ -v...:4w..wv&on. '^99MueM .1 MN. __ .� �• x • * mlWeTar..mnnrn nrn M•..dpn alm • . ' . 1k 1 - flit 1, - a. • 11 Log Item 40 Page 13 of 29 IMAGE G Shows solar panel structure Photo taken by Marilyn Showalter,May 30,2025 ,A.:ii.....' ' ' • 4'.::-.)"•.,:k. ' .rr. -.-.'1. r. i ,x :. ,li.N. , ,,,........., ... . , ,.....,. . ,..,„.v...,„.,... , ., . „,. . . ,.. 4,..: i; Tr'. . .", `'•=t. • 4' •p/'0• '• A: -if. .. 'iv'''',)ifit,f,1 {.1 7' it r ;� .,u �V �� .{ •7 •. ., ¢_+ t,.• 1 . , ,r, r>'.04., . ,. . . '.A.- ' ikl , .44. — ' • ...r„ii . . , ttliti, i 11111111111 14 {'a i .. ,4 ail►tt mil 1 a,,--."R.: If • j '' R'� M . 112 a irk �v'' .ea iy,t . '.N. cy*ri' ." •ham I" .4 `^ i t`...} a „ t L try'‘' . �,./'� w . �Y ^ '�..� ,, .. .. ..,# i I , �1._ ` -r �-• _ 4immailim___ 12 Log Item 40 Page 14 of 29 IMAGE H Storage Structure with Electrical Conduit Photo by Jefferson Co Sherrif s department,December 10,2024 li 1111„ - * i i i- t5 1 S , 6 ,'' 41.0 • 7 i i , "1 �. - i lr - r ,,,,,,,„.. - , ... , r, ,_ '. / t —) 1, Log Item 40 Page 15 of 29 IMAGE I Uses include: Refrigeration,firewood,paperwork,boat storage,shellfishing equipment. Photo by Jefferson Co Sherrirs department, December 10,2024 ,, • , . ri Pre L. , mt. .. 1...,:„, ,,,,,,,, v. , . ,.• it, ,. 1•,..„..01; .0 0 ..,, ,,, .,.... ; ....., ... dit ,.. _ ,,,0 , _. LI,'...,. • ,'" ,111.if - . -. �.'p� �v€ .r i 4 I FIT's al ti` a •AO,- — Rr ' 14 Log Item 40 Page 16 of 29 IMAGE J Uses include equipment storage Photo by Jefferson Co Sherrif's department,December 10,2024 r:r 4 at. , / . K t \iide ! 41 1 rt W • ''' 11 f ', ,. : P. ,,..,,..ift : ____71‘ ,.. tint .: t 'ixy ..:WIr liell .t a J_ _ tt 1 re` , 15 Log Item 40 Page 17 of 29 IMAGE K At least five propane tanks and two fuel tanks,flatbed,structure Photo by Jefferson Co Sherries department, December 10,2024 y -4 r-Ir t} am !t .. •� ?tibt' . •A . r i jk r i ' -.' T -',04, i.-. ' w d J' • .. /�i� / • ti~ '. .: 1 i.--. ‘ --/- - moo. 41 « 16 Log Item 40 Page 18 of 29 IMAGE L Another angle: cooking equipment,tires,fuel tanks ' / l / • / ;,,�spy • • {//I \ ;443'•N NII VN/.1 • NN1... / la% hp, „I � 1 �1''. 11NN♦i 1+1�.♦ r \I••tV0:6 .. • 11 F. / I iv F 1 _ ....-: • .. It ... . .. ,..,..... ...a . . . . „.. . . ..,. ... _ . \___. _ ......., ___ _ ___ ._. , „ ___ ,. • ' A fie vie........— ic i,� .NN r ; \ 'sk tit 'I'm,kit,4 41r# ."'- lir I Log Item 40 Page 19 of 29 IMAGE M Van, fuel tank,electrical wire. Photo by Jefferson Co Sherrif's department, December 10,2024 ir I 1 ._: [10000:q1 4 III' C 4 J r i Ii 411' !tp — ".i4;11""1.1411114.41114141. kft11.111.41.*'-s." lb ._ � �.� t "�' rr t � , 4 : .jr,_ lk Csw4 r _ .;•7 •• /• •ftr. ' ' .0` . f • Ito . ; 1 irj. % • ~• •,� .t .. _ ���• 1, I:ti Log Item 40 Page 20 of 29 IMAGE N From drone video by Sheriff's office December 10,2025,via KOMO news s E 4, . -*I IF _,. . ' -'.4' iktik, , .4,,,E, s ,:r KOMO NEWS - KOHONEWS.COM I9 Log Item 40 Page 21 of 29 JEFFERSON COUNTY PUBLIC NOTICE OF TYPE III LAND USE APPLICATION S DP2024-00001 Commented[MS1]:This is the wrong tile number, misleading the viewer from the get-go. The correct one is SDP2024-00006. APPLICANT: ROCK ISLAND SHELLFISH P.O.BOX 181 PORT GAMBLE,WA 98364 Application Received Date. June 3,2024 Application Complete Date: June 27,2024 Application Notice Date: July 10,2024 • SITE ADDRESS AND PROJECT LOCATION: HOOD CANALTIDELANDS AT PARCELS 965100009, 965100010.AND 965100011 (LOCATED ALONG THE SOUTH SIDE OF KILLAPIE BEACH ROAD) PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES: Shoreline substantial development permit application and flood development permit application to raise Kumamoto oysters(Crassostrea sikamea)within private tidelands in Squamish Harbor in a rack and basket system. SEAPA baskets,a near-bottom culture system,will be installed,maintained,and operated within the intertidal zone between+4 feet to-4.2 feet mean lower low water. Each basket will be stocked with oyster seed. Oysters will be raised to full growth prior to being harvested and sold commercially.SEAPA baskets will be placed in approximately two acres(of the six-acre project area). Native eelgrass(Zostera marina)occurs within the intertidal zone and oysters will be raised at least 16.5 feet from any place where the native eelgrass is present. Gear abandoned in the intertidal area by a previous aquaculture operation will be removed as part of this proposal. The applicant submitted a Habitat Report and a Habitat Management Plan. The proposal is subject to review under the State Environmental Policy Act(SEPA)and the applicant submitted an Environmental Checklist. COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS: The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited to(a)comment on the application;(b)receive notice of and participate in any hearings; and(c)receive a copy of the decision by submitting such written comment(s)/request(s)to the Jefferson County Department of Community Development.Development Review Division,621 Sheridan Street,Port Townsend,WA 98368,(360)379-4450. Comments concerning this application should be submitted to the Department by 4:30 p.m.on May 3,20241 iIIthe last day a'the comment Commented lMS2I:The comment deadline is a date period falls on a weekend or holiday,then the comment period shall be extended to the first working day after the preceding the date of the NOA Note that the date is weekend or holiday.Comments submitted after this date may not be considered in the staff report. The bolded in the NOA. So,the two figures that stand out in bold thus far are the wrong case number and a application submittal and related documents are available onlinel deadline that is wrong and lmpossibie to meet httpsJRest,co.iefferson.wa.us/WeblinkExtematBrowse aspOtd=59923448t1bid=08reoo=Jefferson Commented[MS3]:There is no email address here or,I anywhere in the NOA. There is no indication that SEPA ENVIRONMENTAL REVIEW: comments are permitted to be sent by email. It The optional DNS process of the State Environmental Policy Act(SEPA),Washington Administrative Code(WAC) appears that they must be mailed by snail mail 197-11-355 is being used.This may be the only opportunity to comment on the environmental impacts of the Commented(MS4]:This ud leads to a list of county proposal.DCD reviewed the proposal for probable adverse environmental impacts and expects to issue a DNS. departments Armed vnth the wrong case number and This determination is based upon a review of the SEPA Checklist,project submissions,and other available even with the right one),a person would have a very information.The SEPA Official has determined that: difficult time Ending the case. If the proposal is approved,policies and performance standards found in the Jefferson County Code and the Jefferson County Comprehensive Plan will be used to form permit conditions intended to mitigate adverse Log Item 40 Page 22 of 29 environmental impacts. Additional conditions or mitigation measures may be required under SEPA_ Commented[MS51:This sentence makes no sense. It If the threshold determination is a Determination of Nor-Significance (DNS)or a Mitigated says that conditions for the permit will be developed Determination of Non-Significance(MDNS),parties of record may appeal the decision to the Hearing after the proposal is approved. That puts the cart Examiner within 14 days of the final Notice of Decision. A Determination of Significance(DS)maynot before stagethe horse,and leads the viewer to think there is y g a later when conditions are developed. be appealed to the Hearing Examiner, Decisions of the Hearing Examiner may not be further appealed except to Superior Court, Commented IMS61:This is incorrect. SMA SEPA decisions by the Hearing Examiner must be appealed PUBLIC HEARING INFORMATION: to the Shorelines Hearings Board. This is a Type III permit application. An open record hearing will be scheduled and separate public notice will be provided at least 15 days prior to the hearing. A copy of the staff report will be made available for inspection at no cost at least seven calendar days prior to such a hearing. APPEALS: The final permit decision for this Type III permit application will be made by the Hearing Examiner Decisions of the Hearing Examiner may not be further appealed except to Superior Court. Commented[MS7I:This is incorrect. SMA decisions by the Hearng Examiner must be appealed to the Project Planner:Donna Frostholm,360-379-4466 Shorelines Hearings Board. For further Information.please visit the Jefferson County Department of Community web page at Commented[MS8l:Again,there is no email address www.co.jefferson.wa.usicommdevelopmentl that might be used to send in comments. But in any event,for more information,the reader is directed to use a website. Commented[MS91:This uri is non operative. Clicking on it leads to a screen that says,'We're sorry,but there is not a web page matching your entry."(See attached screen shun Log Item 40 Page 23 of 29 'The application submittal and related documents are available online: Commented[MS10]:This urt leads to a list of county https.utest.cG.Jefferson.wp.uSNVeblinkExternatBrowse.aspOtd=59923448dbk&08repo=Jefferson departments. Armed with the wrong case number(and even with the right one),a person would have a very difficult time finding the case. 1,4 fts wv u..., 'For further information,please visit the Jefferson County Department of Community web page at' Commented[MS111:This url is non operative. www.co.iefferson.wa.usicommdevelopmenll Clicking on it leads to a screen that says,`We're sony, but there Is not a web page matching your entry."(See attached screen shot i F0� ammo /NMtv • @ f ; (fin © 1 r..r••••. r... .=a✓. ...,•• r,m. sn.. Log Item 40 • Page 24 of 29 .,aSOH c. JEFFERSON COUNTY � •s DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street i Port Townsend,WA 98368 360-379-4450 i email dcd@cc.lefferson.wa us sir ING8 www.co.jefferson.wa.us/commdevelopment FINAL MITIGATED DETER MINATION OF NON-SIGNIFICANCE AND LEAD AGENCY STATUS DATE May 20,2025 FILE NUMBER SDP2024-00006 PROPONENT: Rock Island Shellfish(Robert Carson) P.O Box 181 Port Gamble,WA 98364 PROPOSAL. Shoreline substantial development permit application and flood development permit application to raise Kumamoto oysters(Cros.ravrra.rikamea)within pnvate tidelands in Hood Canal using a rack and basket system SEAPA baskets,a near-bottom culture system,will be installed,maintained,and operated within the intertidal zone between+4 feet to-4.2 feet mean lower low water Each basket will be stocked with oyster seed Oysters will be raised to full growth prior to being harvested and sold commeh cially. SEAPA baskets will be placed in approximately two acres(of the six-acre project area). Native eelgrass(Zostrra marina)occurs within the intertidal zone and oysters will be raised at least 16 5 feet from any place where the native eelgrass is present. Gear abandoned in the intertidal area by a previous aquaculture operation will be removed as part of this proposal. The applicant submitted a Habitat Report and a Habitat Management Plan. The proposal is subject to tevrew under the State Environmental Policy Act(SEPA)and the applicant submitted an Ens ii onmental Checklist The proposal is immediately adjacent to three parcels owned by the applicant.No upland activity related to this aquaculture application is proposed on the three subject parcels PROPERTY LOCATION: The proposed aquacultwe farm would be located below ordinary high water mark(OHWM t in Hood Canal(in private tidelands waterward of parcels 965100090.-010,and•01 1),just west of the Hood Canal Bridge. LEGAL DESCRIPTION: The Assessor's`tin shows theproteet area as tidelands /Commented IMS1J:The tidelands are included in the legal description of parcel numbers 965100090,-010,and- NOTICE OF LEAD AGENCY: Jefferson County has determined that it is the lead agency for the above-described proposal 011 The MDNS appears to be trying to avoid focus on the upland parts of these parcel numbers by putting legal MITIGATION MEASURES: distance between the uplands and the tidelands,when they are part of the same legal parcel,as shown by Auditor's and I Use of the three upland parcels immediately adjacent to the project larea!and owned by the project proponent Treasurer's recorded documents would trigger a review by Jefferson County Department of Community Development(DCDI that includes a shoreline permit and additional SEPA review Commented(MS21:Here again,the Country is trying to segr2 Use of any other upland site in Jefferson County requires a review by DCD that may trigger a shoreline having tote deal part of what isl going on in,the order do avoid having to deal with what on in upland sections permit and additional SEPA review These upland sections ARE being used already,as many 3 The project proponent shall comply with all terms and conditions of the programmatic kon5ultauunito avoid County documents show,ways that do not comply with the and minimize impacts to listed species and critical habitat Shoreline Management Act The future"would bigger"is 4 All relevant shellfish culture conservation measures adopted by the U S ArmyCo of Engineers shall be here need.aand evaluatedv ses s upland portions of the mptementc y parcels need to be as part of the Application Commented(MS3]:This is too vague a term What consultation'How does one find it,and how does one find all the terns and conditions'There needs to be specificity'of the document(s),including citation(s),and there needs to be a more specific reference to terms and conditions Commented(MS4]:This phrasing it too vague "AII'" Where use these found"Now or in the future' Also,use of •the passive voice"shall be implemented"leaves room far ambiguity and argument Log Item 40 Page 25 of 29 5. Record-keeping logs for materials hevmoved within thc project arca as well as those for spills and cleanups_ Commented[MSS]:Too vague What matenals?What shall be maintained,and made inviable to Jefferson County if requcstedt kinds of materials^What kinds of records?What in the 6 All gas-powered vehicles,including vessels,shall contain a spill kit minimum information required to be kept in the record? 7 Derelict gear from a previous shellfish i)perstiot j shall be transported to an approved off-site facility. Commented[MS6]:Records required to be kept should also be required to be submitted to the County periodically NOTICE OF MITIGATED DITERAfINATION OF NON-SIGNIFICANCE(MDNS): Jefferson County has detemiined that Thai is the only effective and accountable way(for both the the above-described proposal,conducted in conformance with the applicable Jefferson County Codes and Ordinances,would Applicant and the County)to make sure the records are not have a probable significant adverse impact on the environment.and an environmental impact statement is not required being created and contain the appropratc information under RCW 43.21 C.030(2gc). This decision was made after review of a completed environmental checklist and other Commented IMS7l:Much of this gear is upland,just information on file with the Jefferson County Development Review Division confirming the micgranon of uplands and tidelands COMMENT PERIOD: This MDNS is issued after using the optional DNS process in WAC 197-11-355 Jefferson County has considered comments on its preliminary determination of non-significance. There is no further comment period on the DNS APPEAL PERIOD: Any appeal of this determination on the basis of noncompliance with the provision of Chapter 43.21c RCW(State Environmental Policy Act)must be submitted in writing by 4:30 p.m.on June 3,2025 to the Jefferson County Development Review Division(Jefferson County Department of Community Development,621 Sheridan Street,Port Townsend,Washington 98368)for consideration by the Jefferson County Hearing Examiner. Per JCC 18.40.810(3),the decision of the responsible official on Type II and III permits making athreshold determination of a MDNS.approving a proposal subject to conditions,or denying a project under SEPA's substantive authority may be appealed to the Hearing Examiner pursuant to ICC 16 40 280 The open record public hearing on the SEPA appeal shall be before the Heanng Examiner,who shall consider the appeal together with the decision on the project application in a single, consolidated hearing as further set forth in Article IV of this chapter The responsible official's MDNS may be appealed to the Hearing Examiner by the applicant or anyone commenting on the environmental impacts of the proposal(as further set forth in JCC 18.40 810) The appeal must be in writing,in conformance with JCC 18 40 330(3),and be filed within 14 calendar days after the threshold determination is issued. Appeals of environmental determinations under SEPA,shall be consolidated with any open record hearing on the project permit. (See RCW 36 70B 110(6)(d)). A notice of appeal shall be delivered to the Iadmmisrratot]by mail or by personal delivers,and must be received by 4 30 p.m _'j Commented WSW:Who is"the Administrator"'A fuller on the last business day of the appeal period,with thc required appeal fee ofS I,400 name,title,and address should be provided,if in fact this the appropriate person to receive the appeal The notice of appeal shall contain a concise statement identifying: _-- • The decision being appealed and the identification of the application which is the subject of the appeal: • The name,address,and phone number of the appellant and his/her interest in the matter. • Appellant's statement descnbing standing to appeal li e,how he,she is affected by or interested in the decision); • The specific reasons why the appellant believes the decision to be wrong The appellant shall bear the burden of proving the decision was wrong; • The desired outcome or changes to the decision:and • A statement that the appellant has read the appeal and believes the contents lobe true,signed by the appellant. Any notice of appeal not in full compliance with this Section shall not be considered Greg Ball d PA Res / /� J�Responsible Official Date SDP2024-00006 Rock Island Shellfish 2 Log Item 40 Page 26 of 29 JEFFERSON COUNTY PUBLIC NOTICE OF TYPE III LAND USE APPLICATION SDP2024-00001 APPLICANT: ROCK ISLAND SHELLFISH P.O. BOX 181 PORT GAMBLE, WA 98364 Application Received Date: June 3, 2024 Application Complete Date: June 27, 2024 Application Notice Date: July 10, 2024 SITE ADDRESS AND PROJECT LOCATION: HOOD CANALTIDELANDS AT PARCELS 965100009, 965100010, AND 965100011 (LOCATED ALONG THE SOUTH SIDE OF KILLAPIE BEACH ROAD) PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES: Shoreline substantial development permit application and flood development permit application to raise Kumamoto oysters (Crassostrea sikamea) within private tidelands in Squamish Harbor in a rack and basket system. SEAPA baskets, a near-bottom culture system, will be installed, maintained, and operated within the intertidal zone between+4 feet to-4.2 feet mean lower low water. Each basket will be stocked with oyster seed. Oysters will be raised to full growth prior to being harvested and sold commercially. SEAPA baskets will be placed in approximately two acres (of the six-acre project area). Native eelgrass(Zostera marina) occurs within the intertidal zone and oysters will be raised at least 16.5 feet from any place where the native eelgrass is present. Gear abandoned in the intertidal area by a previous aquaculture operation will be removed as part of this proposal. The applicant submitted a Habitat Report and a Habitat Management Plan. The proposal is subject to review under the State Environmental Policy Act (SEPA) and the applicant submitted an Environmental Checklist. COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS: The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited to(a) comment on the application: (b)receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such written comment(s)/request(s)to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street. Port Townsend, WA 98368, (360) 379-4450. Comments concerning this application should be submitted to the Department by 4:30 p.m. on May 3, 2024. If the last day of the comment period falls on a weekend or holiday, then the comment period shall be extended to the first working day after the weekend or holiday. Comments submitted after this date may not be considered in the staff report. The application submittal and related documents are available online: https.//test co Jefferson wa us%WeblinkExternal/Browse.aspx?id=5992344&dbid=0&repo=Jefferson SEPA ENVIRONMENTAL REVIEW: The optional DNS process of the State Environmental Policy Act(SEPA), Washington Administrative Code(WAC) 197-11-355 is being used. This may be the only opportunity to comment on the environmental impacts of the proposal. DCD reviewed the proposal for probable adverse environmental impacts and expects to issue a DNS. This determination is based upon a review of the SEPA Checklist, project submissions, and other available information. The SEPA Official has determined that: If the proposal is approved, policies and performance standards found in the Jefferson County Code and the Jefferson County Comprehensive Plan will be used to form permit conditions intended to mitigate adverse Log Item 40 Page 27 of 29 environmental impacts. Additional conditions or mitigation measures may be required under SEPA. If the threshold determination is a Determination of Non-Significance (DNS)or a Mitigated Determination of Non-Significance (MDNS), parties of record may appeal the decision to the Hearing Examiner within 14 days of the final Notice of Decision. A Determination of Significance (DS) may not be appealed to the Hearing Examiner. Decisions of the Hearing Examiner may not be further appealed except to Superior Court. PUBLIC HEARING INFORMATION: This is a Type III permit application. An open record hearing will be scheduled and separate public notice will be provided at least 15 days prior to the hearing. A copy of the staff report will be made available for inspection at no cost at least seven calendar days prior to such a hearing. APPEALS: The final permit decision for this Type III permit application will be made by the Hearing Examiner. Decisions of the Hearing Examiner may not be further appealed except to Superior Court. Project Planner: Donna Frostholm, 360-379-4466 For further information, please visit the Jefferson County Department of Community web page at www.co.jefferson.wa.us/commdevelopment/ Log Item 40 Page 28 of 29 SON JEFFERSON COUNTY �� oGb DEPARTMENT OF COMMUNITY DEVELOPMENT L1 { 621 Sheridan Street I Port Townsend, WA 98368 �a9 360-379-4450 I email:dcd@co.jefferson.wa.us vot www.co.jefferson.wa.us/commdevelopment FINAL MITIGATED DETERMLNATION OF NON-SIGNIFICANCE AND LEAD AGENCY STATUS DATE: May 20,2025 FILE NUMBER: SDP2024-00006 PROPONENT: Rock Island Shellfish(Robert Carson) P.O. Box 181 Port Gamble,WA 98364 PROPOSAL: Shoreline substantial development permit application and flood development permit application to raise Kumamoto oysters(Crassostrea sikamea)within private tidelands in Hood Canal using a rack and basket system. SEAPA baskets,a near-bottom culture system,will be installed,maintained,and operated within the intertidal zone between+4 feet to-4.2 feet mean lower low water. Each basket will be stocked with oyster seed. Oysters will be raised to full growth prior to being harvested and sold commercially. SEAPA baskets will be placed in approximately two acres(of the six-acre project area). Native eelgrass(Zostera marina)occurs within the intertidal zone and oysters will be raised at least 16.5 feet from any place where the native eelgrass is present. Gear abandoned in the intertidal area by a previous aquaculture operation will be removed as part of this proposal. The applicant submitted a Habitat Report and a Habitat Management Plan. The proposal is subject to review under the State Environmental Policy Act(SEPA)and the applicant submitted an Environmental Checklist. The proposal is immediately adjacent to three parcels owned by the applicant. No upland activity related to this aquaculture application is proposed on the three subject parcels. PROPERTY LOCATION: The proposed aquaculture farm would be located below ordinary high water mark(OHWM)in Hood Canal(in private tidelands waterward of parcels 965100090,-010,and-Olt),just west of the Hood Canal Bridge. LEGAL DESCRIPTION: The Assessor's map shows the project area as tidelands. NOTICE OF LEAD AGENCY: Jefferson County has determined that it is the lead agency for the above-described proposal. MITIGATION MEASURES: 1. Use of the three upland parcels immediately adjacent to the project area and owned by the project proponent would trigger a review by Jefferson County Department of Community Development(DCD)that includes a shoreline permit and additional SEPA review. 2. Use of any other upland site in Jefferson County requires a review by DCD that may trigger a shoreline permit and additional SEPA review. 3. The project proponent shall comply with all terms and conditions of the programmatic consultation to avoid and minimize impacts to listed species and critical habitat. 4. All relevant shellfish culture conservation measures adopted by the U.S.Army Corps of Engineers shall be implemented. Log Item 40 Page 29 of 29 5. Record-keeping logs for materials retrieved within the project area as well as those for spills and cleanups shall be maintained,and made available to Jefferson County if requested. 6. All gas-powered vehicles,including vessels,shall contain a spill kit. 7. Derelict gear from a previous shellfish operation shall be transported to an approved off-site facility. NOTICE OF MITIGATED DETERMINATION OF NON-SIGNIFICANCE(MDNS): Jefferson County has determined that the above-described proposal,conducted in conformance with the applicable Jefferson County Codes and Ordinances,would not have a probable significant adverse impact on the environment,and an environmental impact statement is not required under RCW 43.2IC.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the Jefferson County Development Review Division. COMMENT PERIOD: This MDNS is issued after using the optional DNS process in WAC 197-11-355. Jefferson County has considered comments on its preliminary determination of non-significance. There is no further comment period on the DNS. APPEAL PERIOD: Any appeal of this determination on the basis of noncompliance with the provision of Chapter 43.21c RCW(State Environmental Policy Act)must be submitted in writing by 4:30 p.m.on June 3,2025 to the Jefferson County Development Review Division(Jefferson County Department of Community Development,621 Sheridan Street,Port Townsend,Washington 98368)for consideration by the Jefferson County Hearing Examiner. Per JCC 18.40.810(3),the decision of the responsible official on Type II and III permits making a threshold determination of a MDNS,approving a proposal subject to conditions,or denying a project under SEPA's substantive authority may be appealed to the Hearing Examiner pursuant to JCC 18.40.280. The open record public hearing on the SEPA appeal shall be before the Hearing Examiner,who shall consider the appeal together with the decision on the project application in a single, consolidated hearing as further set forth in Article IV of this chapter. The responsible official's MDNS may be appealed to the Hearing Examiner by the applicant or anyone commenting on the environmental impacts of the proposal(as further set forth in JCC 18.40.810). The appeal must be in writing,in conformance with JCC 18.40.330(3),and be filed within 14 calendar days after the threshold determination is issued. Appeals of environmental determinations under SEPA,shall be consolidated with any open record hearing on the project permit. (See RCW 36.7013.110(6)(d)). A notice of appeal shall be delivered to the Administrator by mail or by personal delivery,and must be received by 4:30 p.m. on the last business day of the appeal period,with the required appeal fee of$1,400. The notice of appeal shall contain a concise statement identifying: • The decision being appealed and the identification of the application which is the subject of the appeal; • The name,address,and phone number of the appellant and his/her interest in the matter; • Appellant's statement describing standing to appeal(i.e.,how he/she is affected by or interested in the decision); • The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong; • The desired outcome or changes to the decision;and • A statement that the appellant has read the appeal and believes the contents to be true,signed by the appellant. Any notice of appeal not in full compliance with this Section shall not be considered. r I 512,0 % 5-- !ireg Ball d PA Responsible Official Date SDP2024-00006 Rock Island Shellfish 2 JEFFERSON COUNTY gOCG NO. DATE q.?/ZJ RECEIVED FROM Ala11l7V) S LZ--L{/ctl Y !!! DESCRIPTION BARS el AMOUNT CURRENCY • COIN 0 CHECKS f .f UQ O cQ O -ApteAl Sbp 24-0000(9 0 0 RECEIVED BY TOTAL 1, 1F(1V 01— ___aMARILYN G SHOWALTER 1437 STEVEN H AOS 1698 SHINE ROAD 360-259-1700 .2 Jvnt aa� 34A27tt25i PT LUDLOW,WA 98365 loe3 Pay to f `f eePpep4JN �+OUNT y $ Order of /(¢00 el: (t1 tau ColumbiaBank �uu1s6u �,an� R'7'_7?3675 colmobiabonk corn S!PA A PPj 4 .. 1: 125L082721: 1LOL725010' 1437