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HomeMy WebLinkAboutSHX2017-00029 JARPA - SHX Permit / Conditions - 7/26/2017 6°N Co MASON COUNTY (360)427-9670 Shelton ext. 352 COMMUNITY SERVICES DEPARTMENT (360)275-4467 Belfair ext. 352 Mason County Bldg. 8, 615 W.Alder Street (360)482-5269 Elma ext. 352 Shelton,WA 98584 uwirw.co.mason.wams IR54 July 26, 2017 � '7an, � . . "Y3 Steve and Vicki Wilson a Point Seafood Arcade � 240 SE Arcadia PT RD �3 i - Shelton, WA 98584 RE: Application for geoduck aquaculture on Totten Inlet, Mason County iRil!.!yy4 i��Ot �k"fJ :+�acr.Yer.ss` Project Name: Bodin Intertidal Shellfish Farm to Parcel No. Tidelands of 22031-50-00037 Upland Address: 461 SE Totten Shores DR, Shelton. Dear Mr. and Mrs. Wilson: After review of your submitted Joint Aquatic Permit Application (JARPA) for the above referenced parcel, Mason County concludes that the proposed geoduck operation, on marine tidelands in Totten Inlet, does not constitute development under the Mason County Shoreline Master Program and does not cause substantial interference with the normal public use of the water (AGO 2007 No. 1). Therefore, a Substantial Development Permit is not required nor a letter of Shoreline Exemption. Mason County has determined that the proposed geoduck farm is consistent with the Mason County Shoreline Master Program Policies and Use Regulations for Aquaculture and the Shoreline Management Act. Please let me know if you have any questions. Thank you. Sincerely, 4 J� uw ��- Grace Miller, Planner DEPT OF COMMUNITY DEVELOPMENT --------------------------------------- AGENCY USE ONLY ' _ M � Date received: US Army Corps ; WASHINGTON STATE S Se Engineers» i eattle 6isfrid � Joint Aquatic Resources Permit Agency reference#: ot, I — �� q Tax Parcel#(s): Application (JARPA) Form',2 ; 22o31- 60 -00 37 USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. ' i -------------------------------------- i RECEIVED JUN 15 2017 Part 1—Project Identification 615 W. Alder Street 1. Project Name (A name for your project that you create. Examples:Smith's Dock or Seabrook Lane Development) hel Bodin Intertidal Shellfish Farm Part 2—Applicant - The person and/or organization responsible for the project. LhLeM 2a. Name (Last, First, Middle) Wilson, Steven M. and Vicki M. 2b. Organization (If applicable) Arcadia Point Seafood 2c. Mailing Address (Street or PO Box) 240 SE Arcadia Point Road 2d. City, State, Zip Shelton, WA 98584 2e. Phone(1) 2f. Phone(2) 2 Fax 2h. E-mail (360) 426-4367 wilson99aps@aol.com lAdditional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a Regional General Permit(RGP),contact the U.S.Army Corps of Engineers for application information(206)764-3495. • If your project might affect species listed under the Endangered Species Act,you will need to fill out a Specific Project Information Form(SPIF)or prepare a Biological Evaluation. Forms can be found at http://www nws usace army millMissions/Civilworks/Regulatory/PermitGuidebook/EndangeredSpecies.aspx. • Not all cities and counties accept the JARPA for their local Shoreline permits.If you need a Shoreline permit,contact the appropriate city or county government to make sure they accept the JARPA. 2To access an online JARPA form with[help]screens,go to http://www.epermiffing.wa.gov/site/alias resourcecenterliarpa iarpa form/9984fiarpa form.aspx. For other help,contact the Governor's Office of Regulatory Assistance at 1-800-917-0043 or help@ora.wa.gov. JARPA Revision 2012.1 Page 1 of 18 Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. hel ❑ There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (check all that apply.) hel Private ❑ Federal ❑ Publicly owned (state,county,city,special districts like schools,ports,etc.) ❑ Tribal ❑ Department of Natural Resources (DNR)-managed aquatic lands (Complete JARPA Attachment E) 5b. Street Address (Cannot be a PO Box. If there is no address,provide other location information in 5p.) heI 461 SE Totten Shores Drive 5c. City, State, Zip(If the project is not in a city or town,provide the name of the nearest city or town.) heI Shelton, WA 98584 5d. County hel Mason County 5e. Provide the section, township, and range for the project location. nel %Section Section Township Range Sec 31 T20N R2W 5f. Provide the latitude and longitude of the project location. hel • Example:47.03922 N lat./-122.89142 W long. (Use decimal degrees-NAD 83) See attached maps and drawings. Corners of project area: NW: 47.170343, -122.983040; SW: 47.169572, -122.982633; NE: 47.170458, -122.982872; SE: 47.169689, -122.982467 i 5g. List the tax parcel number(s)for the project location. heI • The local county assessor's office can provide this information. Tidelands of 22031-50-00037 5h. Contact information for all adjoining'property owners. (If you need more space, use JARPA Attachment C.) [help] Name Mailing Address Tax Parcel #(if known) Steve &Vicki Wilson 240 SE Arcadia Point Road 22031-50-00035 _---.._-..._.._..- Shelton, WA 98584 west of project location Ronda & Raymon Holmdahl 14531 37th Ave NE 22031-50-00038 __..__._......_................_.._... _ --.._._.......— --- Lake Forest Park, WA 98155 east of project location See attachment for neighbors within a 300 feet of project location JARPA Revision 2012.1 Page 3 of 18 Infaunal invertebrates identified within the representative beach substrates during the June 2011 survey (Pacific Shellfish Institute) included nematode and polychaete species, amphipods (Corophium), mollusks Eus ira lewisii echinoderms Dendraster excentricus and crustaceans Cancer racilis . All are common in clean sandy substrates absent any hard habitat structure. Notably, few of the three large native burrowing clams [Penitella penita (piddocks), Tresus capax (horse clams), or Panopea abrupta (geoduck)] were in evidence. 5m. Describe how the property is currently used. hei The project location is in Totten Inlet, South Puget Sound, on private tideland owned by the upland owner. There is an upland vacation residence on the property. The tidelands are second-class tidelands extending to extreme low water. We are unaware of any records showing previous farming activity on the site; there are no indications on the tidelands of previous farming. The predominant uses of Totten Inlet are residential, recreation, and shellfish aquaculture. The project area is used infrequently for recreational purposes such as beach walking. The surface waters over the project area are used seasonally for boating and fishing. 5n. Describe how the adjacent properties are currently used. nei The adjacent tidelands on either side of the project area are privately owned. The upland to the west of the location is undeveloped; the upland to the east of the location has a private vacation residence. There is no developed public marine access point from uplands within two shoreline miles of the site. Totten Inlet is an active shellfish aquaculture inlet, including cultivation of manila clams, geoduck clams, oysters, and mussels. The adjacent tideland to the west of the proposed project area (Parcel No. 22031-50-00035) is an active shellfish farm (NWS-2015-121); the adjacent tideland to the east of the proposed project area (Parcel No. 22031-50-00038) is not being farmed. Nearby tideland parcels are certified.as approved for shellfish cultivation by the Washington Department of Health. 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current . condition. hei There are no structures within the project area. 5p. Provide driving directions from the closest highway to the project location, and attach a map. i,ei See attached directions. JARPA Revision 2012.1 Page 5 of 18 6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. hel • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year floodplain. A. Project Goal The goal of the proposed project is to cultivate geoduck clams (Panopea abrupta)for commercial harvest and sale on privately owned intertidal ground. The length of a single cycle from initial planting to final harvest may be as short as six years or long as nine years, followed by repeated growing and harvest cycles as allowed by permits and lease. B. Farm Location &Size The proposed farm site is located in Totten Inlet, South Puget Sound, Mason County, WA on intertidal land. All farming activities will occur on privately owned tideland within an area defined by +3.0 ft. tidal elevation and the line of extreme low water, approximately-4.5 ft. tidal elevation, and within surveyed property boundaries. The proposed project area (leased area) is 0.45 acre; the proposed farm site is 0.25 acre. The adjacent tidelands to the east and west are privately owned, and the bedlands waterward of the parcel are owned by the State of Washington. C. Farming Techniques—Species, Farm Size, Equipment, and Methods Species Geoduck clams. (Seed (i.e.juvenile geoduck for out-planting) is obtained from South Puget Cultivated: Sound brood stock.) Cultivation Area: 0.25 acres, between tidal elevations+3.0 ft. &-4.5 ft., as depicted in attached Plan View drawing. Materials& • 4 in. diameter by 10 in. long PVC tubes. Equipment: • Individual mesh caps over individual tubes, secured with UV&saltwater resistant rubber band. • 40 ft. by 40 ft squares of polydacron or nylon area netting that is 3 in. or smaller stretched mesh. • 24 in. long hairpin shaped rebar to secure area netting. • Typically, one 30 ft. motor vessel and one 30 ft. barge. • Hand held water probes (5/8 in. diameter) equipped with on/off nozzle used for harvest(water delivered via diesel powered, low pressure, high volume,water pump mounted on a vessel moored offshore). Methods: General: • All work activities are by manual labor. • All access to the farm site is by boat, i.e., workers, equipment, &materials arrive/leave by boat. • Materials and equipment are not stored at the site. • Vessels used for transportation to the site are moored offshore, or brought to the beach and grounded through the tide (maximum of about 4 hours), as needed. • Fueling, loading, off-loading, and storage of vessels& materials/equipment occur at an upland staging area near Arcadia Point's headquarters, not at the site. • No motorized machinery operates on the beach. • No seed grow-out activities occur at the site. Site Prep: Potential relocation of large wood, rocks, &sand dollars, as needed, to other parts of lease area. Sand dollars relocated by hand using divers to collect and redistribute the animals to suitable habitat. No rooted aquatic vegetation to be removed. No fill or grading to occur. No chemical controls to be used. Planting: See Timeline (below)for approximate schedule. Tubes are pushed into the substrate at a density not to exceed one tube per square foot. An individual mesh cap is placed over the end of the tube and secured with an individual rubber band. As needed, planted tubes may be covered by area netting as a containment measure or for predator discouragement. Area nets are pinned to JARPA Revision 2012.1 Page 7 of 18 lighting on the beach will be provided by individual LED headlamps; standard navigational lights (Coast Guard approved) will be used on vessels. Tubes used for planting will be off-white or gray in color and within weeks of being planted will become heavily fouled with marine organisms such as barnacles, mussels, tunicates, and algae. They will appear dark in color at that time and blend with the beach. The mesh caps are of neutral color and also will blend well with the beach. Between mid-March and mid-September, the farm will be visible during daylight hours only when tides are below +3.0 ft. tidal elevation. 4 From mid-September through mid-March only the upper-most portion of the farm will be visible during daylight hours as the lowest tides occur at night. Periodic site Inspections will be made down-drift of the proposed farm site for a distance of at least 1,000 feet, with special attention following severe wind or wave conditions. Employees are trained regarding local, state, and federal conditions for operation of commercial shellfish farms. Pre-plant surveys have shown this beach has no native eelgrass (Zostera marina) or rooted kelp (floating and non-floating canopied species) that would need to be avoided during farming activities. (See Part 51, B.) The on-line tools for the Washington Department of Fish and Wildlife (the Priority Habitats and Species database and the Forage Fish Spawning Map, accessed June 2017) identify the area as surf smelt spawning area, but not spawning area for sand lance or Pacific herring. No farming activities occur in, or adjacent to, the upper intertidal area typically used by surf smelt/sand lance for spawning. If these forage fish were found at the proposed farm site, they may spawn concurrent with farming activities. However, sand lance spawning (not identified for this area) typically occurs at higher tidal elevations (above +5.0 ft. tidal elevation) than where farm activities take place. 5 Similarly, surf smelt (identified for this area)typically spawn at even higher elevations (above +7.0 ft. tidal elevation). South Puget Sound herring stocks, also not identified as present in the project area, typically spawn on rocky, gravelly substrate in the absence of marine vegetation and would not likely utilize the fine grain sand of the proposed farm site. Additionally, while herring spawn can be deposited within the tidal range of the proposed farm, the majority of the spawning activity is thought to occur in subtidal waters. 6 For these reasons, it will not be necessary to restrict farming activities to the forage fish work windows set by the Washington Department of Fish and Wildlife. 6f. What are the anticipated start and end dates for project construction? (Monthnrear) hel • If the project will be constructed in phases or stages,use JARPA Attachment D to list the start and end dates of each phase or stage. Start date: Spring/summer 2018 or after receipt of all permits End date: on-going farming ❑ See JARPA Attachment D 6g. Fair market value of the project, including materials, labor, machine rentals, etc. k Not applicable. (This is on-going farming not a one-time construction project.) 6h. Will any portion of the project receive federal funding? k • If yes, list each agency providing funds. ❑ Yes 0 No ❑ Don't know 4 During the height of the summer(June—August), some portion of tubes(although not necessarily the entire farm)is likely to be visible approximately 20 percent or less of daylight hours. 5 Because we access the farm site from the water and no cultivation activities occur above a+5.0 ft tidal elevation,we have no reason to be in the area where surf smelt or sand lance may spawn. 6 The nearest herring spawn area is approximately 1.3 miles from the project area, across Totten Inlet near Gallagher Cove(WDFW Forage Fish Spawning Map). Regardless,we will conduct visual inspections of the farm site prior to farming activities to determine if herring stocks have used the beach for spawning. If spawn is found,the farm will be left until eggs have hatched. JARPA Revision 2012.1 Page 9 of 18 Part 8—Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) hel 0 Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. Lelpi ❑ Not applicable Farming activities are restricted to the minimum amount of disturbance necessary to operate the farm; no farming activities occur in the upper intertidal area, i.e., above +5.0 ft tidal elevation. All work activities are manual labor, all access is by boat (not over uplands), no motorized machinery operates on the beach, no refueling occurs near the beach, no equipment is stored at the site, no rooted aquatic vegetation is removed from the site, no fill or grading occurs at the site, no chemical controls are used. The maximum time that a vessel (containing equipment) might be grounded on the beach is about four hours during a tide, after which time it is removed. The farm site is situated well below, and not adjacent to, the spawning elevations of sand lance and surf smelt (i.e., +5.0 and +7.0 ft tidal elevations, respectively), and there is no native eelgrass or other rooted vegetation necessary to attract herring spawn. The area is not documented for herring; however, on the chance they may spawn on culture gear, we will conduct visual inspections of the farm site prior to farming activities to determine if herring stocks have used the beach for spawning. If spawn is found, the farm will be left until eggs have hatched. Harvest activities will disturb the substrate for short, intermittent periods to a depth of 36". No earth moving per se will occur, although some sediment transport/turbidity will result temporarily. Harvest will be managed to ensure 401 water quality certification standards are met. Studies indicate that impacts are minimal and of short duration. The beach will quickly return to its original condition. The intake port for the harvest pump is located in the hull of the vessel and is screened for exclusion of marine organisms and suspended detritus. The proposed project is typical of geoduck farm activities and locations included in the 2015 Programmatic Biological Assessment(PBA) of the Army Corps of Engineers (ACOE) and the subsequent reviews/biological opinions conducted by National Marine Fisheries Service and U.S. Fish and Wildlife Service (the Services). ' All farm activities that we are proposing (e.g., species, equipment, methods, location, etc.), and their impacts on the aquatic environment, were evaluated by the ACOE and the Services and thus their documents serve as the reference biological evaluation for this project. 8 Current, or as subsequently revised, NWP 48 conditions (national, regional, and Seattle District) applicable to this farm activity will be followed--these conditions are, in part, the result of the Services' reviews and therefore are intended to protect ESA-listed species, critical habitat, and essential fish habitat. A copy of the most recent set of NWP 48 ACOE-Seattle District specific conditions (aka conservation measures) is attached. s 7 Programmatic Biological Assessment, Shellfish Activities in Washington State Inland Marine Waters, U.S.Army Corps of Engineers Regulatory Program, Seattle District,October 2015;Endangered Species Act(ESA)Section 7(a)(2)Biological Programmatic Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation, National Marine Fisheries Service, Reference No.01 EWFW00-2016-F-0121,September 2,2016 and September 30,2016;Endangered Species Act-Section 7 Consultation, Biological Opinion, U.S. Fish and Wildlife Service, Reference No. 01EWFW00-2016-F-0121,August 26,2016. 8 Prior to implementation of the PBA, new farm proposals to the ACOE under NWP 48 required individual consultation with the Services; preparation of a biological evaluation by the applicant formed the basis of this consultation. Implementation of the PBA streamlined this process. As long as an applicant's proposed shellfish activities meet the following three criteria,the PBA functions as the applicant's biological evaluation: (1)the proposed activities fall within the scope of activities described in the PBA(which ours do), (2)the applicant can&will meet the PBA's conservation measures(which we can&will),and(3)the proposed site occurs within the geographic area considered by the PBA(which ours does). 9 NWP 48 is the ACOE's nationwide permit for"Commercial Shellfish Aquaculture Activities". Commercial shellfish farms in Washington cannot legally operate without a permit from the ACOE--the most common form of that permit is NWP 48. The 2017 NWP 48(effective March 19,2017)includes 32 national general conditions(some relevant to shellfish aquaculture), 13 regional general conditions applicable in the Seattle District(some relevant to shellfish aquaculture), 1 regional condition specific to NWP 48,and most recently,a revised list of 32 Seattle District NWP 48 specific conditions/conservation measures(this last list is attached). JARPA Revision 2012.1 Page 11 of 18 Part 9—Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. heI Agency Name Contact Name Phone Most Recent Date of Contact No contact regarding this specific project but we have had similar sized projects permitted in the same general area of Totten Inlet. 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology's 303(d) List? heI • If Yes,list the parameter(s)below. • If you don't know,use Washington Department of Ecology's Water Quality Assessment tools at: http://www.ecy.wa.gov/programs/Wq/303d/. ❑ Yes 9 No (Per Dept of Ecology Water Quality Assessment search tool) 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? hel • Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC. 17110019 9d. What Water Resource Inventory Area Number(WRIA#) is the project in? heI • Go to http://www.ecy.wa.gov/services/pis/maps/wria/wria.htm to find the WRIA#. WRIA 14 Kennedy/Goldsborough 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? heI • Go to http://www.ecy.wa.gov/programs/wg/swgs/criteria.html for the standards. Yes (details provided in other DARPA sections) ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? heI • If you don't know,contact the local planning department. • For more information,go to: http://www.ecy.wa.gov/programs/sea/sma/laws rules/173-26/211 designations.html. ❑ Rural ❑ Urban ❑ Natural ❑Aquatic 19 Conservancy ❑ Other Shorelands adjacent to the project area currently are designated Urban Residential per the Mason County Shoreline Master Program (SMP); the project area is in marine waters between one and ten fathoms and is therefore considered a Conservancy environment. The updated SMP (under review) designation for tidelands will be Aquatic (shorelands will be residential). The surrounding upland area has residential development designated/zoned as RR5 (rural residential-5 acres). JARPA Revision 2012.1 Page 13 of 18 artifacts are encountered, work in the vicinity should be halted and the Corps should be notified as soon as feasible. Should human remains be located during work, the Mason County Coroner's office (360-427-9670) and Dr. Guy Tasa, State Physical Anthropologist at DAHP(360-586-3534) should be notified immediately. In addition Rhonda Foster the Cultural Resources Director of the Squaxin Island Tribe should be consulted(360-432- 3850)." SRI's recommendation is consistent with Army Corps of Engineers' (ACOE) permit conditions: Notably National General Conditions (applicable to all nationwide permit programs) #20 regarding Historic Properties and#21 regarding Discovery of Previously Unknown Remains and Artifacts. We will comply with our permit conditions and thus SRI's recommendation. 91. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. k Presence is Possible: Puget Sound Chinook Salmon (NMFS, Threatened); Puget Sound Steelhead (NMFS, Threatened); Marbled Murrelet (USFWS, Threatened) Presence is Possible but not Probable: Southern Resident Killer Whale (NMFS, Endangered); Bull Trout (USFWS, Threatened); Humpback Whale-Mexico DPS (NMFS, Threatened); Bocaccio rockfish (NMFS, Endangered); Yelloweye rockfish (NMFS, Threatened) (Note: Stellar Sea Lion-Eastern DPS was delisted effective 12-4-2013, we mention it only because critical habitat exists, but not in this project area and is under review.) (Note: Puget Sound/Georgia Basin DPS of Canary Rockfish, and its critical habitat, was delisted effective March 2017.) See attached table. Also see comments in Part 8a. 9m. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected by the proposed work. nei The on-line tools for the Washington Department of Fish and Wildlife (the Priority Habitats and Species database and the Forage Fish Spawning Map, accessed June 2017) identify the area as surf smelt spawning area, but not spawning area for sand lance or Pacific herring. Surf smelt may spawn from +7.0 ft to MHHW, with eggs dispersed along the beach from high intertidal to lower levels. All proposed planting will occur below+3.0 ft tidal elevation and would be unlikely to interfere with spawning success of surf smelt populations. Also see comments in Part 6e (D). JARPA Revision 2012.1 Page 15 of 18 STATE GOVERNMENT Washington Department of Fish and Wildlife: ❑ Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption—Attach Exemption Form You must submit a check for$150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash. Check the appropriate boxes: ❑$150 check enclosed. (check# Attach check made payable to Washington Department of Fish and Wildlife. ❑Charge to billing account under agreement with WDFW. (Agreement# ) ❑My project is exempt from the application fee. (Check appropriate exemption) ❑ HPA processing is conducted by applicant-funded WDFW staff. (Agreement # ) ❑ Mineral prospecting and mining. ❑ Project occurs on farm and agricultural land. (Attach a copy of current land use classification recorded with the county auditor,or other proof of current land use.) ❑ Project is a modification of an existing HPA originally applied for, prior to July 10, 2012. (HPA# ) 0 Aquatic Farm Registration (check will be enclosed with AFR application) Washington Department of Natural Resources: None ❑Aquatic Use Authorization Complete JARPA Attachment E and submit a check for$25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: 0 Section 401 Water Quality Certification Washington Department of Health: Harvest Site Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): 19 Section 404 (discharges into waters of the U.S.) 0 Section 10 (work in navigable waters) United States Coast Guard permits: None ❑ Private Aids to Navigation (for non-bridge projects) TRIBAL INTERESTS § 6.3 Notification to Squaxin Island Tribe will be submitted. JARPA Revision 2012.1 Page 17 of 18 Part 11-Authorizing Signatures Signatures are required before submitting the DARPA package. The DARPA package includes the DARPA form, project plans, photos, etc. U"i iia.Applicant Signature(required) hei, I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authF4 the agent named in Part 3 of this application to act on my behalf in matters related to this application. 'T U (initial) By initialing here, I state that I have the authority to grant access to the property, I also give my consent to the permitting agencies ent 'n t e roperty where the project Is located to inspect the project site or any work related to the project. (Initial) Applicant Printed Name Applicant Signature Date i fib,Authorized Agent Signature ftipi I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. i also certify that i have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. CC-nl /�L IrUiL�vZt 'rW1 � C Authorized Agent Printed Name Authorized Agent Signature Date I Ic. Property Owner Signature (If not applicant) Not required if project Is on existing rights-of-way or easements(provide copy of easement with JARPA), i consent to the permitting agencies entering the property where the project Is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. A11. Property Owner Printed Name Property Owner Signature ate 18 U.S.0§1001 provides that:Whoever,in any manner within the judodiction of any department or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any Use,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,tietitlous,or fraudulent statement or entry,shall be fined not more then$10,000 or Imprisoned not more than 8 years or both. If you require this document In another format,contact the Governor's Once for Regulatory innovation and Assistance(f7RIA)at(800) 917-0043. People with hearing loss can call 711 for Washington Relay Service.People with a speech disability can call(877)633- 6341. ORIA publication number: ORIA-116-011 rev.0312017 0i11A.16-01 t 1 Page JARPA Attachments for Bodin Intertidal Shellfish Farm Proposal • Vicinity Map • Vicinity Close-Up • Directions and Mileage • Neighbor Parcel Map • Neighbor Parcel Owners • Plan View • Profile View • Project Area Photo • Additional Information • Listed and Proposed Threatened or Endangered Species, and Designated Critical Habitat, Relevant to the Proposed Action Area; Identified for Washington as of June 2017 by USFWS or NMFS • Conservation Measures and Applicable Terms and Conditions from the Programmatic Biological Opinions for Shellfish Activities in Washington State Inland Marine Waters (U.S. Fish and Wildlife Reference (USFWS) Number 01EWFW00-2016-F-0121, National Marine Fisheries Service (NMFS) Reference Number 01EWFW00-2016-F-0121) • Substrate and Vegetation Photos Bodin)ARPA Attachments Page 1 of 17 REFERENCE: LOCATION:461 SE Totten Shores Drive,Shelton WA PROPOSED PROJECT: NWS-2017- Parcel 22031-50-00037 Bodin Intertidal Shellfish Farm APPLICANT: LAT/LONG CORNERS OF PROJECT AREA: Project area 0.45 acre Arcadia Point Seafood NW:47.170343,-122.983040 Farm Site area 0.25 acre SW:47.169572,-122.982633 NE: 47.170458,-122.982872 SE: 47.169689,-122.982467 IN:Totten Inlet, South Puget Sound ADJACENT PROPERTY OWNERS: NEAR/AT:Shelton 1.Steve&Vicki Wilson,Parcel 22031-50-00035 COUNTY:Mason DATE:06.15.17 2.Ronda&Raymon Holmdahl Parcel 22031-50-00038 STATE:WA VICINITY MAP r "'$d 19 "''1 ,-"^_,j/', i= �`;1231 i ti�2, t 18 `t' its 1 W t d �#t y- Cape { \o PotrK 1`is i rots 1 __ Cod _ Z I -paint r ;` Oin ,y I 28�ftiAicadia Or, 0 I ROPE ! 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A,J Bodin JARPA Attachments Page 2 of 17 REFERENCE: LOCATION:461 SE Totten Shores Drive,Shelton WA PROPOSED PROJECT: NWS-2017- Parcel 22031-50-00037 Bodin Intertidal Shellfish Farm APPLICANT: LAT/LONG CORNERS OF PROJECT AREA: Project area 0.45 acre Arcadia Point Seafood NW:47.170343,-122.983040 Farm Site area 0.25 acre SW:47.169572,-122.982633 NE: 47.170458,-122.982872 SE: 47.169689,-122.982467 IN:Totten Inlet, South Puget Sound ADJACENT PROPERTY OWNERS: NEAR/AT:Shelton 1.Steve&Vicki Wilson,Parcel 22031-50-00035 COUNTY:Mason DATE:06.15.17 2.Ronda&Ra mon Holmdahl,Parcel 22031-50-00038 STATE:WA VICINITY CLOSE-UP lt �A_ AIRMOUNTAVE m N DICKINSca ON AVE "'? - I" I 't SE DLD ARGAD{IA RD SE ARCADIA Rd )� W — Ca SE MILL CREEK RD Forbes Lake i A GO2600 RD (� GO2650 RDA—_ �, f 02630RD Totten Inlet I PF ,y Sfc1YP1'_SE30_MF3?g'OR l r Fa,vnLikeFb`C�I •`5B J- ay 4f 1. .—X L sE0 AVE AOP O SEA RD t ® x!mate Farm f -- Site Location LU SE KAMIL.HE POINT.RD —� L� 10974ift Bodin DARPA Attachments Page 3 of 17 REFERENCE: LOCATION:461 SE Totten Shores Drive,Shelton WA PROPOSED PROJECT: NWS-2017- Parcel 22031-50-00037 Bodin Intertidal Shellfish Farm APPLICANT: LAT/LONG CORNERS OF PROJECT AREA: Project area 0.45 acre Arcadia Point Seafood NW:47.170343,-122.983040 Farm Site area 0.25 acre SW:47.169572,-122.982633 NE: 47.170458,-122.982872 SE: 47.169689,-122.982467 IN:Totten Inlet, South Puget Sound ADJACENT PROPERTY OWNERS: NEAR/AT:Shelton 1.Steve&Vicki Wilson,Parcel 22031-50-00035 COUNTY:Mason DATE:06.15.17 2.Ronda&Ra mon Holmdahl,Parcel 22031-50-00038 STATE:WA DIRECTIONS AND MILEAGE (� 23 miles from Olympia) A Olympia 1. Depart Plum St SE toward Pear St SE 374 ft f 2.. Bear right onto.E 8ay Dr' 0.5 ins 3. Take ramp for I-5 S 0.7 mi S.9 me 4. At exit 104,take ramp right foi US ].01-North toward Port Angeles I mt Aberdeen y A Minor Congestion ;: ..: 5. Keep right to stay on US-101 N 8.9 mi LPass Chevron on the right in 1.9 mi j 6 Turn irlght onto SE;Lynch [td 64 ml Pa4s7. in01'mi 7. Turn right onto SE Totten Shores Dr 0.4 mi 8. Arrive at SE Totten.'Shores Dr The last intersection is SE Somers Dr 4. B 461 SE Totten Shores Dr,Shelton,WA 98584 These directions are subject to the Microsoft®Service Agreement and are for informational purposes only.No guarantee is made regarding their-completeness or accuracy.Construction projects,traffic or other events may cause actual conditions to differ from these results.Map and traffic data 0 2017 HERE-. Bodin JARPA Attachments Page 4 of 17 REFERENCE: LOCATION:461 SE Totten Shores Drive,Shelton WA PROPOSED PROJECT: NWS-2017- Parcel 22031-50-00037 Bodin Intertidal Shellfish Farm APPLICANT: LAT/LONG CORNERS OF PROJECT AREA: Project area 0.45 acre Arcadia Point Seafood NW:47.170343,-122.983040 Farm Site area 0.25 acre SW:47.169572,-122.982633 NE: 47.170458,-122.982872 SE: 47.169689,-122.982467 IN:Totten Inlet, South Puget Sound ADJACENT PROPERTY OWNERS: NEAR/AT:Shelton 1.Steve&Vicki Wilson,Parcel 22031-50-00035 COUNTY: Mason DATE:06.15.17 2.Ronda&Ra mon Holmdahl,Parcel 22031-50-00038 STATE:WA NEIGHBOR PARCELS WITHIN — 300 FEET OF FARM SITE OWNER NAMES & ADDRESSES SHOWN ON NEXT PAGE 300' _. 5 40' 4 �$i; ..d 0 ,OZ�— (cane parcel) 3 2 Bodin JARPA Attachments Page 5 of 17 REFERENCE: LOCATION:461 SE Totten Shores Drive,Shelton WA PROPOSED PR03ECT: NWS-2017- Parcel 22031-50-00037 Bodin Intertidal Shellfish Farm APPLICANT: LAT/LONG CORNERS OF PROJECT AREA: Project area 0.45 acre Arcadia Point Seafood NW:47.170343,-122.983040 Farm Site area 0.25 acre SW:47.169572,-122.982633 NE: 47.170458,-122.982872 SE: 47.169689,-122.982467 IN:Totten Inlet, South Puget Sound ADJACENT PROPERTY OWNERS: NEAR/AT:Shelton I.Steve&Vicki Wilson,Parcel 22031-50-00035 COUNTY:Mason DATE:06.15.17 2.Ronda&Ra mon Holmdahl,Parcel 22031-50-00038 STATE:WA BODIN NEIGHBOR PARCEL OWNERS UPLAND PARCEL OWNERS WITHIN —300 FEET OF PROPOSED FARM SITE (Mason County Assessor Web Site, 06.11.17) 1. Parcel22031-50-00029 5. Parcel22031-50-00038 Gary L. Marshall, Trustee Ronda & Raymon Holmdahl 1200 Alki Ave SW#1 14531 37th Ave NE Seattle, WA 98116 Lake Forest Park, WA 98155 2. Parcel 22031-50-00033 6. Parcel 22031-50-00039 Gloria D. Swenning Odell Sharon Stratton 4851 86th Avenue Ct W 445 SE Totten Shores Drive University Place, WA 98467 Shelton, WA 98584 3. Parcel22031-50-00035 7. Parcel22031-50-00040 Steve &Vicki Wilson Keith & Sandra Rogers 240 SE Arcadia Point Road 441 SE Totten Shores Dr Shelton, WA 98584 Shelton, WA 98584 4. Parcel 22031-50-00037 8. Parcels 22031-50-00041 & -00042 Bret A. Bodin Anna McNeill PO Box 652 PO Box 2143 Washougal, WA 98671 Shelton, WA 98584 (proposed farm site lessor) Bodin DARPA Attachments Page 6 of 17 REFERENCE: LOCATION:461 SE Totten Shores Drive,Shelton WA PROPOSED PROJECT: NWS-2017- Parcel 22031-50-00037 Bodin Intertidal Shellfish Farm APPLICANT: LAT/LONG CORNERS OF PROJECT AREA: Project area 0.45 acre Arcadia Point Seafood NW:47.170343,-122.983040 Farm Site area 0.25 acre SW:47.169572,-122.982633 NE: 47.170458,-122.982872 SE: 47.169689,-122.982467 IN:Totten Inlet, South Puget Sound ADJACENT PROPERTY OWNERS: NEAR/AT:Shelton 1.Steve&Vicki Wilson,Parcel 22031-50-00035 COUNTY:Mason DATE:06.15.17 2.Ronda&Ra mon Holmdahl,Parcel 22031-50-00038 STATE:WA CORNERS A,B,E,F DENOTE UPLANDS A E 425' SE TOTTEN SHORES DRIVE CORNERS B,D,F,H DENOTE N PROJECT AREA LINE OF: SEETITLE BLOCK FOR LATJLONG DATA EXTREME HIGH WATER(+17.5') F MHHVV(+24.4`)(ORDINARY HIGH} LINE B-C-D DENOTES PROFILE VIEW B/ OE OF UPLAND SLOPE(+16.0') (SEE PROFILE VIEW DRAWING) A-B DIMENSION=+/-425' MHW(+11.5') B-C DIMENSION= 150' C-D DIMENSION= 135' B-D DIMENSION= 295' LINE OF MLW(+3.0')AND UPPER C-G&D-H DIMENSION=60' BOUNDARY OF PROPOSED FARM SITE � * CORNERS C,D,G,H DENOTE C G PROPOSED FARM SITE AREA TO BE PLANTED USING TUBE CULTURE METHOD AT PROPOSED ONE TUBE PER SQUARE FOOT;AREA NETTING FARM SITE MAY BE USED 0.25 ACRE I�/ APPROX.LINE OF MLLW(0.0') LINE OF EXTREME LOW H WATER(-4.5') D Totten Inlet 1 Totten Inlet 0' 60' Flood PLAN VIEW Ebb Bodin DARPA Attachments Page 7 of 17 ao J � E c E 'L x -- w4.0 V- 'SWi= C � + Ll WVj mN = C it 0 �O „oo = J S.'O O a UOl m 0 S. d c Z R C7 +. C O i s C cm o'" uN oIL lu eM- aOE � £ H��Zh- 09 L 'O i 3d�Q Qi �� h am°u10, a`ii �rpnz�v~i ... W_ ,e > o L a co ro o E V Q 3 o C J � '� o d a o U) O o LL o M� a o O o M � o _w 3 �, a uQ, L N W W a * J G d M u Om O V i It o~ N a W .0 M N N V r J V L Nz W C dMNNN Za4 66 C� 3 E O ss r^.� p pO,COO+C0 � O c o C? 00 N N N N y p Q W O W+�N.N-iN O o j r+a 1%ni ni a�a; 0'- E � ? so 1 o v n an ap u m e- w aM UoInow a>19 p N z1:°N' Z� m ►ri tea„ t,t�rr O t+N Or:�n� W >v .-. h" aT W Q �ader� a:+ 0 G c Qm J .JC, _izwzm at44 � � (n � O °1 CO) a °1 + CL 0 0 ..' w LL c n ++ QLU L oW[N N a O G D N cc adz ad` c D O O m �� Q � N a a a n C O m LU s NIf L d V U Z IS a W yl N C C R'llOi0 �A m �y0 Q.' O O ul IL a al W.r+ y = Im••�Q to C a_, G) °H 3 rl a+ ,';a Q VU) O 1 W oo c£ ''�a�a a m lL a{@L Mull Z U(A v.. LLJ 0 OI m w pl M (p 3 o p ° o co 0 M N 1— 114 s o(i 0Lu > W N G Q M d Q • N U •.NC t13L W (A_ Q 'IOMNn ys M OaMn W W L IO 01 a00pNppNpN 3a E �M Co+o+atCh O c c W O O N N N N O= H M N N N y U) . W i I W 30 p r+uOf WMNM OY > • �M Oo,00� D.-a d ZO (7nRzn� co ON Z�.Ieiri Z o io O n N N N W >9 av QO U L. 3 W -0-cd O .jL JZ(a Z((A QrIN v O w R 41 n C In z s 0 W WLL 9 R lu 3 a L a Q!z as o to C d E .0 v to Q Q a ce n '8 0 oG Additional Information • Listed and Proposed Threatened or Endangered Species, and Designated Critical Habitat, Relevant to the Proposed Action Area; Identified for Washington as of June 2017 by USFWS or NMFS • Conservation Measures and Applicable Terms and Conditions from the Programmatic Biological Opinions for Shellfish Activities in Washington State Inland Marine Waters (U.S. Fish and Wildlife Reference (USFWS) Number 01EWFW00-2016-F-0121, National Marine Fisheries Service (NMFS) Reference Number 01EWFW00-2016-F-0121) • Substrate and Vegetation Photos Bodin IARPA Attachments Page 10 of 17 Listed and Proposed Threatened or Endangered Species,and Designated Critical Habitat,Relevant to the Proposed Action Area 1;Identified for Washington as of June 2017 by USFWS or NMFS Species USFWS I NMFS Designated Critical Habitat in Proposed Action Area May Be Present in Proposed Action Area Puget Sound Chinook Salmon(Onchorhynchus T YES tshawytscha) Puget Sound Steelhead(Onchorhynchus mykiss) T NA(exits but not in marine waters,fresh water only)(effective Feb 2016) Marbled Murrelet(Brachyramphus marmoratus) T NA(exists but not in marine waters) Rarely Present in Proposed Action Area Southern Resident Killer Whale(Orcinus orca) E YES (under review as of Feb 2015,changes expected 2017-no change as of June 2017) Steller Sea Lion-Eastern (Eumetopias jubatus) Delisted Dec 2013 NA(exists but not in proposed action area) (under review) Not Expected to be Present in Proposed Action Area Bull Trout(Salvelinus confluentus) T NA(exists but not in proposed action area) Humpback Whale-Mexico DPS(Megaptera T No novaeangliae)(changes to listing made Oct 2016) Puget Sound/Georgia Basin Rockfish 2 YES(nearshore only,no CH for deepwater) 1. Bocaccio(Sebastes paucispinis) 1. E (adult&juvenile stages only;not larval) 2. Yelloweye Rockfish(Sebastes ruberrimus) 2. T (effective February 2015) Not Present in Proposed Action Area Summer Run Chum Salmon(Hood Canal) T NA(exists but not in proposed action area) (Onchorhynchus keta) Green Sturgeon(Southern) T NA(exists but not in proposed action area) (Acipenser medirostris) Pacific Eulachon/smelt(Southern) T NA(exists but not in proposed action area) (Thaleichthys pacificus) Marine Turtles 3 1. Green(Chelonia mydas)(East Pacific DPS) 1, E NA(either no CH designated,or it exists but (listing changes made April 2016) 2. E not in proposed action area)(CH for Green 2. Leatherback(Dermochelys coriacea) 3. T Sea Turtle under review) 3. Loggerhead(Caretta caretta)(North Pacific) 4. E 4.Olive Ridley(Lepidochelys olivacea)(all except (Shared jurisdiction Pacific Coast of Mexico) between agencies) USFWS=U.S.Fish and Wildlife Service NMFS=National Marine Fisheries Service ESA=Endangered Species Act T=Threatened under ESA E=Endangered under ESA NA=Not applicable to the proposed action area 'The proposed action area(per 50 CFR§402.02 Definitions)is all area(not just the immediate project area)where listed Endangered Species Act(ESA)species and designated critical habitat may be affected directly and indirectly by the proposed action. For this project,the proposed action area extends waterward from the project area's landward boundary(i.e.,ordinary high water)and in a radius of 150 feet from the project area's outer boundaries(i.e.,side and waterward property boundaries of the tideland). Potential impacts of turbidity/sediment suspension,underwater sound, and boat transport of workers/materials were considered in establishing the 150 feet radius. z Georgia Basin Rockfish adults and juveniles are not expected in the proposed action area;the larval stage drifts widely and may potentially(but unlikely)be found in the proposed action area. Puget Sound/Georgia Basin DPS of Canary rockfish and its designated critical habitat were delisted effective Mar 2017. 3Sightings of ESA-listed marine turtles in this region are rare and there are no breeding beaches in WA or OR. Bodin JARPA Attachments Page 11 of 17 Conservation Measures and applicable terms and conditions from the Programmatic Biological Opinions for Shellfish Activities in Washington State Tnland Marine Waters (U.S. Fish and Wildlife Service Reference(USFWS)Number 01EWFW00-2016-F-0121, National Marine Fisheries Service(NMFS) Reference Number OIEWFW00-2016-F-0121). 1. Gravel and shell shall be washed prior to use for substrate enhancement(e.g., frosting, shellfish bed restoration) and applied in minimal amounts using methods which result in less than l inch depth on the substrate annually. Shell material shall be procured from clean sources that do not deplete the exiting supply of shell bottom. Shells shall be cleaned or left on dry land for a minimum of one month, or both, before placement in the marine environment. Shells from the local area shall be used whenever possible. Shell or gravel material shall not be placed so that it creates piles on the substrate. Use of a split-hull (e.g.,hopper-type)barge to place material is prohibited. 2. The placement of gravel or shell directly' into the water column (i.e., graveling or frosting) shall not be conducted between February 1 and March 15 in designated critical habitat for Hood Canal summer chum salmon. 3. For `new ' activities only, gravel or shell material shall not be applied to enhance substrate for shellfish activities where native eelgrass (Zostera marina)or kelp (rooted/attached brown algae in the order Laminariales)is present. 4. Turbidity resulting from oyster dredge harvest shall be minimized by adjusting dredge bags to "skim"the surface of the substrate during harvest. 5. Unsuitable material (e.g.,trash, debris, car bodies, asphalt,tires) shall not be discharged or used as fill (e.g., used to secure nets, create nurseries, etc.). 6.For `new' activities only, shellfish activities (e.g., racks, stakes, tubes, nets, bags, long-lines, on bottom cultivation)shall not occur within 16 horizontal feet of native eelgrass (Zpstera marina)or kelp (rooted/attached brown algae in the order Larninariales). If eelgrass is present in the vicinity of an area new to shellfish activities, the eelgrass shall be delineated'- and a map or sketch prepared and submitted to the Corps. Surveys to determine presence and location of eelgrass shall be done during times of peak above-ground biomass: June 1 —September 30. The following information must be included to scale: parcel boundaries, eelgrass locations and on- site dimensions,shellfish activity locations and dimensions. 7. For `new' activities only, activities shall not occur above the tidal elevation of+7 feet (MLLW)if the area is listed as documented surf smelt(Hyponaesus pretiosus)spawning habitat by WDFW. A map showing the location of documented surf smelt spawning habitat is available at the WDFW website. t 'New'activities are those activities that were initiated after 18 March 2007. Expansion of activities into a new geographic footprint that had not previously been in commercial aquaculture is treated as a new footprint for the purpose of this programmatic ESA. '- For guidance see Corps'Seattle District Components of a Complete Eelgrass Delineation and Characterization Report(fay 2016). 1 Bodin 7ARPA Attachments Page 12 of 17 8. For `new' activities only, activities shall not occur above the tidal elevation of+5 feet (MLLW)if the area is documented as Pacific sand lance(Anunodytes hexapterus) spawning habitat by the WDFW. A map showing the location of documented Pacific sand lance spawning habitat is available at the WDFW website. 9. If conducting 1)mechanical dredge harvesting,2) raking, 3)harrowing,4)tilling, leveling or other bed preparation activities, 5) frosting or applying gravel or shell on beds, or 6)removing equipment or material(nets,tubes,bags) within a documented or potential spawning area for Pacific herring(Clupea pallasi)outside the approved work window3,the work area shall be surveyed for the presence of herring spawn prior to the activity occurring. Vegetation, substrate, and materials (nets;tubes,etc.) shall be inspected. If herring spawn is present,these activities are prohibited in the areas where spawning has occurred until such time as the eggs have hatched and herring spawn is no longer present. A record shall be maintained of spawn surveys including the date and time of surveys; the area,materials, and equipment surveyed;results of the survey, etc. The Corps and.the Services shall be notified if spawn is detected during a survey. The record of spawn surveys shall be made available upon request to the Corps and the Services. 10. For `new' activities only, activities occurring in or adjacent to potential spawning habitat for sand lance, or surf smelt shall have a spawn survey completed in the work area by an approved biologist' prior to undertaking bed preparation,maintenance, and harvest activities if work will occur outside approved work windows for these species. If eggs are present,these activities are prohibited in the areas where spawning has occurred until such time as the eggs have hatched and spawn is no longer present. A record shall be maintained of spawn surveys including the date and time of surveys; the area,materials, and equipment surveyed;results of the survey, etc. The Corps and the Services shall be notified if spawn is detected during a survey_The record of spawn surveys shall be made available upon request to the Corps and the Services. 11. All shellfish gear(e.g., socks,bags, racks,marker stakes,rebar,nets, and tubes)that is not immediately needed or is not firmly secured to the substrate will be moved to a storage area landward of MHHW prior to the next high tide. Gear that is firmly secured to the substrate may remain on the tidelands for a consecutive period of time up to 7 days.Note: This is not meant to apply to the wet storage of harvested shellfish. 12. All pump intakes (e,g.,for washing down gear)that use seawater shall be screened in accordance with NMFS and WDFW criteria.Note: This does not apply to work boat motor intakes (jet pumps)or through-hull intakes. 13. Land vehicles (e.g., all-terrain,trucks)shall be washed in an upland area such that wash water is not allowed to enter any stream,waterbody, or wetland. Wash water shall be disposed of upland in a location where all water is infiltrated into the ground(i.e., no flow into a waterbody or wetland). See Seattle District website for work window http://www,nws.usace_army.mil/Missions/Civil-Works/Regulatory/ 'For information on how to become an"approved biologist'for conducting forage fish surveys contact WDFW 2 Bodin DARPA Attachments Page 13 of 17 14. Land vehicles shall be stored,fueled, and maintained in a vehicle staging area located 150 feet or more from any stream, waterbody, or wetland. Where this is not possible, documentation must be provided to the Corps as to why compliance is not possible, written approval from the Corps must be obtained, and the operators shall have a spill prevention plan and maintain a readily-available spill prevention and clean-up kit. 15. 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(EPA)-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 when refueling to prevent possible contamination of waters.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 will be properly disposed of off--site. 16. All vehicles operated within 150 feet of any stream, waterbody, or wetland shall be inspected daily for fluid leaks before leaving the vehicle staging area. Any leaks detected shall be repaired in the vehicle staging area before the vehicle resumes operation and the leak and repair documented in a record that is available for review on request by the Corps and Services. 17. The direct or indirect contact of toxic compounds including creosote,wood preservatives, paint, etc.within the marine environment shall be prevented. [This does not apply to boats] 18. All tubes, mesh bags and area nets shall be clearly, indelibly, and permanently marked to identify the permittee name and contact information (e.g., telephone number,email address, mailing address). On the nets,identification markers shall be placed with a minimum of one identification marker for each 50 feet of net. 19. All equipment and gear including anti-predator nets, stakes,and tubes shall be tightly secured to prevent them from breaking free. 20. All foam material (whether used for floatation of 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.Un-encapsulated foam material used for current on-going activities shall be removed or replaced with the encapsulated type. 21. Tires shall not be used as part of above and below structures or where tires could potentially come in contact with the water(e.g., floatation, fenders,hinges). Tires used for floatation currently shall be replaced with inert or encapsulated materials, such as plastic or encased foam, during maintenance or repair of the structure. 22. At least once every three months, beaches in the project vicinity will be patrolled by crews who will retrieve debris(e.g., anti-predator nets,bags,stakes, disks,tubes) that escape from the project area. Within the project vicinity,locations will be identified where debris tends to accumulate due to wave, current, or wind action, and after weather events these locations shall be patrolled by crews who will remove and dispose of shellfish related debris appropriately.A 3 Bodin DARPA Attachments Page 14 of 17 record shall be:maintained ,vith the following informationi and the record will 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. 23. When performing other activities on-site,the grower shall routinely inspect for and document any fish or wildlife found entangled in nets or other shellfish equipment. In the event that fish., bird, or mammal is found entangled,the grower shall: 1)provide immediate notice(within 24 hours)to WDFW(all species), USFWS/NMFS (all species)or Marine Mammal Stranding Network(marine mammals), 2) attempt to release the individual(s) without harm, and 3)provide a written and photographic record of the event, including dates,species identification,number of individuals, and final.disposition,to the Corps and Services. Contact the U.S. Fish and Wildlife Service Law Enforcement Office at(425) 883-8122 with any questions about the preservation of specimens. 25. Vehicles(e..g. ATVs,tractors) shall not be used within native eelgrass (Zostera marina . If there is no other alternative for site access, a plan will be developed describing specific measures and/or best management practices that will be undertaken to minimize negative effects to eelgrass from vehicle operation. The access plan shall include the following components: (a) frequency of access at each location, (b)use of only the minimum vehicles needed to conduct the work and a description of the minimum number of vehicles needed at each visit, and(c) consistency in anchoring/grounding in the same location and/or traveling on the same path to restrict eelgrass disturbance to a very small footprint. 26. Vessels shall not ground or anchor in native eelgrass(Zostera inarina) or kelp (rooted/attached brown algae in the order Laminariales)and paths through native eelgrass or kelp shall not be established. If there is no other access to the site or the special condition cannot be met due to human safety considerations, a site-specific plan shall be developed describing specific measures and/or best management practices that will be undertaken to minimize negative effects to eelgrass and kelp from vessel operation and accessing the shellfish areas.The access plan shall include the following components: (a)frequency of access at each location, (b) use of only the minimum number of boats and/or crew members needed to conduct the work and a description of the minimum number of boats and cretivmembers needed at each visit, and(c) consistency in disturbance to a very small footprint. 27. Unless prohibited by substrate or other specific site conditions,floats and rafts shall use embedded anchors and midline floats to prevent dragging of anchors or lines. Floats and rafts that are not in compliance with this standard shall be updated to meet this standard during scheduled maintenance,repair, or replacement or before the end of the term of the next renewed authorization. [Any alternative to using an embedded anchor must be approved by the NMFS J 28. Activities that are directly associated with shellfish activities (e.g., access roads, wet storage) shall not result in removal of native riparian vegetation extending landward 150 feet horizontally from MHHV4T(includes both wetland and upland vegetation) and disturbance shall be limited to the minimum necessary to access or engage in shellfish activities. 4 Bodin JARPA Attachments Page 15 of 17 29.Native salt marsh vegetation shall not be removed and disturbance shall be limited to the I minimum necessary to access or engage in shellfish activities. 30. Mechanical dredge harvest/harrowing shall not be conducted in North Puget Sound between April 1 and August 31. 31. Ensure clam and other shellfish cover nets are secured to the extent practicable. If fish are entangled,record and report species,time, and location of entanglement. Collected specimens of fish entangled shall be preserved in a freezer, and reporting shall be to the NMFS' Lacey Office in order to determine appropriate steps to ascertain the entangled species. Contact the NMFS Central Puget Sound Branch Chief by telephone or email. 32. Only oyster long lines (with flip bags ok) spaced laterally at 10 feet intervals shall be used in fallow' areas that have been colonized by eelgrass in greater Puget Sound and Hood Canal. Flip bags must be suspended above the substrate so they do not rest on substrate at low tide.No other culture methods shall be used in fallow areas colonized by eelgrass. Further, with the exception of mechanical longline harvest, no mechanized activities shall occur in fallow areas colonized by eelgrass. This Term and Condition does not apply to fallow areas in Willapa Bay or Grays Harbor. 33. In Mood Canal summer-run chum salmon designated critical habitat: Between February 1 and April 30, shellfish planting and harvesting shall not occur within 15 feet waterward of the waterline (tideline)to protect juvenile chum salmon. In addition, shellfish activities which increase turbidity in the nearshore water(e.g., geoduck harvest) shall not occur at all during this timefrarrie I Fallow refers to areas that are periodically allowed to lie fallow as part of normal operations. 5 Critical habitat for Hood Canal summer-run chum salmon occur in Hood Canal and the Strait of Juan de Fuca marine areas in Clallam,Jefferson,Kitsap,and Mason Counties.Exact locations and excluded areas are described at:http://www.westcoast.fisheries.noaa.govipublications/fi-n/2005r70fr52739.pdf 5 Bodin DARPA Attachments Page 16 of 17 Substrate and Vegetation Photos The following photographs of the Bodin project area (tidelands of Parcel 22031-50-00037)were taken on June 11, 2017, approximately 1:30 PM at- 1.5 tidal elevation. All are taken from the water looking landward. Although they do not show the entire farm site(down to extreme low), the photographs are representative of the entire area and illustrate the substrate composition as well as the scarcity of rooted, submerged aquatic vegetation and the absence of eelgrass within the proposed project area. Additional verification of the absence of eelgrass and kelp in the project area can be seen in the Project Area Photo (Google Earth, 08.17.2016). General view of beach, shoreline and substrate Closer view of substrate .expa Close-up view showing tubes from plant on adjacent farm, Close-up view of substrate at tide line parcel 22031-50-00035, NWS-2015-121 Bodin DARPA Attachments Page 17 of 17 Farmed Geoduck Clams ARCAMA POINT SEAFOOD On Totten Inlet, Puget Sound, Washington June 15, 2017 US Army Corps of Engineers WA State Department of Ecology Headquarters Seattle District, Regulatory Branch Attn: Federal Permit Unit PO Box 3755 PO Box 47600 Seattle,WA 98124-3755 Olympia,WA 98504-7600 E-filed to www.ecyrefedPermits(a)_ecy.wa.gov Mason County Community Services Department, Planning 615 West Alder Street Shelton, WA 98584 Regarding: Bodin Intertidal Shellfish Farm. Request for County, State, and Federal Review, including 2017 NWP 48 Coverage. JARPA including maps, drawings, and photos enclosed. In reviewing the JARPA, it may help to know the following: • We used Version 2012.1 of the JARPA rather than the current on-line version. The two versions are virtually identical, however, the newer on-line version was less flexible in allowing us to enter some of the information we wanted to convey. • The project site is near farms in Totten Inlet for which we received ACOE NWP 48 permits in 2013- 2017. It abuts our ACOE permit#NWS-2015-121 farm (Wilson-LeRoy)—the two farms are identical in site characteristics, species and farming approach although Bodin is about one-half the size. • We have not included an individual biological evaluation (BE)with the JARPA. In its place, we are using the ACOE's recently implemented 2015 Programmatic Biological Assessment(PBA)as the reference BE. The rationale for this is explained in Part 8a of the JARPA. • Given the use of the PBA as our proxy BE, we also reviewed requirements of the Mason County Environmental Permit and the Habitat Management Plan and tried to make sure that the JARPA, in conjunction with the PBA, addressed all relevant issues. • We are happy to provide an electronic copy of the JARPA if that helps your review. Please notify us at your earliest convenience if additional items are needed. Sincerely, Vicki and Steve Wilson Arcadia Point Seafood Steve & Vicki Wilson Blind Dog Enterprises, Ltd 240 SE Arcadia Point Road Dba Arcadia Point Seafood Shelton, WA 98584 Phone;360-426-4367 Cert* WA-f359-SS Fax:360-432-96f0 `/Y► PLANNING FEE NECEIV ED S x< 3' 15 2017 615 Alder street PLANNER: GRACE KELL MICHAEL RON FEE TYPE: FEE AMOUNT: pqvt fzf�r TAv4d� Z 20 U 60an s �y PLANNING FEE TOTAL: $