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SHX2022-00050 Clearwater Totten 3 Shellfish Farm - SHX Application - 2/14/2023
Community Development MASON COUNTY (Permit Assistance Center/Building/Planning) 615 W.Alder Street—Shelton,WA 98584 COMMUNITY DEVELOPMENT 36masoncoun Ext.352 masoncountvwa.gov Permit Assistance Center, Building,Planning February 14, 2023 Jose Salazar J's Clearwater Shellfish 600 Park Street Shelton, WA 98584 RE: Project Name: Clearwater Totten3 Shellfish Farm(SHX2022-00050). Authorization for a shellfish farm(Pacific Oysters and Manila Clams) on Totten Inlet,Puget Sound, Mason County. Parcel Number: 31911-52-00018. Dear Mr. Salazar: After review of your submitted JARPA application, Mason County concludes that the proposed cultivation of oysters and clams on the private marine tidelands in Totten Inlet of Puget Sound, 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. The proposed project is a commercial intertidal shellfish farm for the cultivation of oysters and clams with a project area of approximately 0.50 acres in size. The proposed cultivation area is located between the+5.0 and-2.0 tidal elevations, an area if approximately 0.31 acres. The farm will be located on private tidelands, using hand harvest only. Mason County has determined that the proposed aquaculture operation 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, Luke Viscusi, Planner DEPT OF COMMUNITY DEVELOPMENT LViscusi(cr�,masoncountywa. og_v (360)427-9670, ext. 282 M R=Ei Date received:US E Corps STATE of Engineers-, GtC 2 0 2022 , Joint Aquatic Resources Permit AgencyrIj 'ra-'�D 2, Tax Parcel#(s): Application (JARPA) Form' heI USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. I f5 dOb 1 "1) -------------------------------------------------------------------' Part 1—Project Identification 1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development)Lh I Clearwater Totten3 Shellfish Farm Part 2—Applicant The person and/or organization responsible for the project. hem 2a. Name (Last, First, Middle) Salazar , Jose 2b. Organization (If applicable) J's Clearwater Shellfish 2c. Mailing Address (Street or Po Box) 600 Park Street 2d. City, State, Zip Shelton, WA 98584 2e. Phone (1) 2f. Phone (2) 2g. Fax 2h. E-mail ( 360) 2292901 ( 360) 7429881 Jssalazar75@gmail.com Additional 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(SPI F)or prepare a Biological Evaluation.Forms can be found at http://www.nws.usace.army.mil/Missions/CivilWorks/Reaulatory/permitGuidebook/EndanaeredSpecies asox. • 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 htto•//www epermittina.wa.ggv/site/alias reso ur nt r/aoa i ra oa form/9984/jarQa form.aspx. For other help,contact the Governor's Office for Regulatory Innovation and Assistance at(800)917-0043 or helge-oria.wa.aov. JARPA Revision 2015.1 Page 1 of 21 Part 3-Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b of this application.) [help] 3a. Name (Last, First, Middle) Beagle, Marty 3b. Organization (If applicable) 3c. Mailing Address (Street or PO Box) 4120 Gravelly Beach Loop Road 3d. City, State, Zip Olympia, WA 98502 3e. Phone (1) 3f. Phone (2) 3g. Fax 3h. E-mail (360) 7429881 ( ) Fryecove @comcast.net Part 4-Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aauatic ownership because the upland owners may not own the adjacent aquatic land. [bel ] ❑ Same as applicant. (Skip to Part 5.) ❑ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. ❑ Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don't know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization. 4a. Name (Last, First, Middle) Guffanti, Jennifer 4b. Organization (If applicable) 4C. Mailing Address (Street or PO Box) 4030 Kamilche Point Road SE 4d. Shelton, WA 98584-7953 JARPA Revision 2015.1 Page 2 of 21 4e. Phone (1) 4f. Phone (2) 4g. Fax 4h. E-mail 360 549 6135 ( ) ( ) jenniferguffanti@aol.com Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. [held ❑ 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.) hem ® 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.) 4030 Kamilche Point Road SE 5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) hf elpl Shelton, WA 98584 5d. County hf M MASON 5e. Provide the section, township, and range for the project location. hf eM 1/4 Section Section Township Range 11 19N 3W 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 Approximate center of parcel is 47.151338 N lat. /-123.017967 5g. List the tax parcel number(s) for the project location. LheM • The local county assessor's office can provide this information. 319115200018 5h. Contact information for all adjoining property owners. (if you need more space, use DARPA Attachment C.) hf elpl Name Mailing Address Tax Parcel # (if known) Heathers, Sherman & lolinda 4040 Kamilche Point Road SE .............._.....-.......--- Shelton WA 98584 319115200017 4010 Kamilche Point Road SE 319115200019 Jensen, Elinor Shelton,WA 98584 JARPA Revision 2015.1 Page 3 of 21 .... --- --....._.... ..... ... .............._ ......... 51i. List all wetlands on or adjacent to the project location. net Not applicable 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. hei Marine tideland (intertidal) on Totten Inlet, South Puget Sound 5k. Is any part of the project area within a 100-year floodplain? h[ m ® Yes ❑ No ❑ Don't know 51. Briefly describe the vegetation and habitat conditions on the property. hei A. Shoreline riparian vegetation and habitat features The upland overlooking the tidelands features a single family residence on a no bank point of land. There is little vegetation present in the upland except for grass lawn. B. Aquatic substrate and vegetation The proposed project is a relatively protected beach with little gravel and cobble sized material in the cultivation area. The upper intertidal area above +5' tidal elevation has some gravel and cobble that gives way to medium to fine sand that extends to the lower depths of the tidelands. There are a large amount of oyster shells strewn on the property, along with a modest amount of naturalized oysters. Based on visual surveys of the beach over the last 30 years there is no on-the-ground evidence of eelgrass (Zostera marina) or rooted kelp in the proposed project area. Small quantities of loose, transient, brown and red kelps and Ulva spp. are likely to be found in the area during the summer months. The on-line tools for the Washington Marine Vegetation Atlas (Department of Natural Resources) along with the Washington State Coastal Zone Atlas (Department of Ecology) show an absence of eelgrass and kelp in the proposed project area. There is no native eelgrass in Totten Inlet. 5m. Describe how the property is currently used. h[_M The proposed project location is in Totten Inlet, South Puget Sound, on private tidelands that are approximately 0.50 acres in area. The tidelands are Bush Act second-class tidelands extending to extreme low water. The predominant uses of Totten Inlet are residential, recreation, and shellfish aquaculture. The project area is used for recreational purposes such as beach walking. The surface waters over the proposed project location are used seasonally for boating and fishing. 5n. Describe how the adjacent properties are currently used. hf pm Totten Inlet is a very active shellfish aquaculture inlet. The adjacent tideland to the North is privately owned and currently has cultivation of oysters and clams. The adjacent tideland to the South has been used for cultivating shellfish for over 30 years. The uplands to the west of the project tidelands are mostly developed as single family residences in a land use classification of Residential. There is no developed or undeveloped public marine access point from uplands within the immediate vicinity. JARPA Revision 2015.1 Page 4 of 21 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. hel No structures on the tideland property. 5p. Provide driving directions from the closest highway to the project location, and attach a map. hel Highway 101 N to exit. Left on Kamilche Point Road, proceed 4.5 miles to 4030 Kamilche Point Road. Part 6-Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. hel The proposed project is a shellfish farm of Pacific Oysters and Manila Clams with a project area of approximately 0.50 acre in size. The proposed cultivation area is located in the intertidal portion of the tidelands between -2.0 ft. and 5 ft. mean lower low water (MLLW), an area of approximately 0.31 acres. 6b. Describe the purpose of the project and why you want or need to perform it. hl elj The purpose of the project is to commercially farm Pacific Oysters and Manila Clams on intertidal ground so as to provide more food for the world. 6c. Indicate the project category. (Check all that apply) hel ® Commercial ❑ Residential ❑ Institutional ❑ Transportation ❑ Recreational ❑ Maintenance ❑ Environmental Enhancement 6d. Indicate the major elements of your project. (Check all that apply) [help] ® Aquaculture ❑ Culvert ❑ Float ❑ Retaining Wall ❑ Bank Stabilization ❑ Dam /Weir ❑ Floating Home (upland) ❑ Boat House ❑ Dike / Levee / Jetty ❑ Geotechnical Survey ❑ Road ❑ Boat Launch ❑ Ditch ❑ Land Clearing ❑ Scientific Measurement Device ❑ Boat Lift ❑ Dock/ Pier ❑ Marina / Moorage ❑ Stairs JARPA Revision 2015.1 Page 5 of 21 ❑ Bridge ❑ Dredging ❑ Mining ❑ Stormwater facility ❑ Bulkhead ❑ Fence ❑ Outfall Structure ❑ Swimming Pool ❑ Buoy ❑ Ferry Terminal ❑ Piling/Dolphin ❑ Utility Line ❑ Channel Modification ❑ Fishway ❑ Raft ❑ Other: 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 1 00-year floodplain. A. Project Goal The goal of the project is to cultivate shellfish, primarily oysters along with some cultivation of Manila Clams, for commercial harvest and sale on privately owned intertidal ground. The length of a single cycle from initial planting to final harvest may vary in a range 12- 24 months for Manila Clams and Pacific Oysters, followed by repeated growing and harvest cycles as allowed by permit and lease. B. Farm Location The farm site is located in Totten Inlet, South Puget Sound, Mason County, WA on intertidal tideland on the western portion of Totten Inlet. All farming activities will occur on privately owned tidelands within an area defined by a tidal elevation from -2.Oft. to + 5 feet, MLLW. C. Farming Techniques The project area is approximately 0.50 acres, not all of which is used for cultivation of shellfish. As we practice successive seeding of the area, the amount of acreage in cultivation of a particular species will vary from year- to- year. The final cultivation area of planted shellfish will not exceed 0.32 acres. No farming activities will occur in the upper intertidal area, i.e., above +5.0 ft tidal elevation. All work activities are manual labor, no motorized machinery operates on the beach, no refueling of engines or motors occurs near the beach, no equipment is stored on site, no rooted aquatic vegetation or benthic organisms are removed from the site, no fill or grading occurs at the site, no chemical/environmental contaminants are used, and farming activities create no substantial interference with normal public use of the surface waters. All farming and harvesting will occur within the 100-year floodplain (FEMA Zone AE). To maintain aesthetic quality, noise during all farming operations complies with Mason County noise ordinance 54- 89. If farm work activities occur at night, night lighting on the beach is provided by individual LED headlamps. am trained regarding local, state, and federal conditions for operations of commercial shellfish farms. JARPA Revision 2015.1 Page 6 of 21 Surveys conducted of the project area over the last 30 years have revealed that the site has no native eelgrass (Zostera marina) or rooted kelp (floating and non-floating canopied species) that would need to be avoided during farming activities. D. Forage Fish The project area is within a stretch of shoreline to the South of over 3,000 feet. This area is identified by the Washington Department of Fish and Wildlife Priority Habitat and Species database (accessed December 5. 2022) as documented and/or potential spawning area for surf smelt. If forage fish were found at the proposed project site, they may spawn concurrent with farming activities. Surf smelt and sand lance spawning typically occur at higher tidal elevations (above +5.0 ft. tidal elevation) than where shellfish cultivation activities take place. South Puget Sound herring stocks, which were not identified as being present in the near vicinity of the proposed project site, typically spawn on rocky, gravelly substrate in the absence of marine vegetation. Below is an approximate timeline of significant farming milestones for the proposed project site. While various factors can influence the schedule (environmental storms, availability of seed, market conditions, etc.), the timeline presented is representative of our operations. JARPA Revision 2015.1 Page 7 o A. Pre-planting Preparation 1. Permits and Permissions: all necessary state, and local permits will be obtained. Many of the commercially active tideland parcels were "grandfathered" in by Mason County in 2007. As per section 6.3 of the Shellfish Implementation Plan (April 8, 2002) between the Tribes, growers, and the State of Washington, all beach parcels owned or leased by J's Clearwater Shellfish have been surveyed for commercially harvestable quantities of shellfish, and when warranted under the terms of the agreement, a harvest plan between the Squaxin tribe and J's Clearwater Shellfish has been negotiated and implemented. 2. Surveys: Each year in early Spring and in late Summer a visual inspection of the project area will be conducted for rooted aquatic vegetation. Included in this baseline survey of the area is an examination for native eelgrass ( Zostera marina) and rooted kelp ( floating and non-floating canopied species). No native eelgrass or rooted kelp are or have been present in the proposed project area. B. Planting Activities The strategy for Manila Clams is not complicated. Seed is cast onto the substrate on an incoming tide. The manila clams quickly dig into the substrate. Anti-predator area netting ('/2" mesh) is employed to increase the survival rate and is temporary. Typically, I remove the netting after about 6 months; the netting is reused at the next planting. In some cases, depending on substrate, we grow the Manila clams in industry standard grow bags, approximately 20"x 36", '/2" mesh. The strategy for Pacific Oysters is similar to the other species in that the seed stock must be handled with care and kept moist at all times. The seed oysters are placed in 20"x 36" grow bags at a density of about 300 oysters per bag. The bags are typically secured to each other by attachment to a common rope and placed in rows on the beach substrate. Once the oysters are about 2" in length they are removed from the grow bags and cast on the ground in the cultivation area, a process known as "hardening" Successive annual plantings on separate plots occur on the cultivation area to ensure a steady supply of product for the marketplace. 1. Methodology Site Preparation- The proposed planting area requires no site preparation prior to planting activities. Manila clam anti-predator netting is installed when the clam seed is "planted' There is no removal of benthic organisms or any substrate material from the site. There is no redirection of beach seepage or seasonal upland runoffs. Seed- I obtain seed from South Puget Sound brood stock. No seed grow-out activities take place in the proposed project area. JARPA Revision 2015.1 Page 8 of 21 Manila Clam Methodology: Manila clam seed is delicate and care must be taken when commencing the planting process. Our typical planting protocol for Manila Clams is to distribute clam seed at a density of approximately 100 per square foot on an incoming tide. We typically cultivate Manila Clams in a tidal range from +3 feet to +5 feet MLLW. Pacific Oysters Methodology: We will grow oysters using two methods at this site: 1. Direct deposit of individual oysters onto the beach substrate. 2. Utilization of industry standard grow bags, which are laid on the ground and secured to a cable or rope. The cable/rope is secured at each end by being tied to a U shaped 112" rebar that has been installed in the beach substrate. Maintenance of the site will include routine inspection at a frequency of at least twice a month and we document any fish or wildlife found in the clam anti-predator netting. Inspections are made down-drift of the farm site for a distance of at least 1,000 feet. Any live entangled fish or wildlife when encountered is documented, photographed, and released, and any loose netting or aquaculture related debris discovered during inspections are removed from the site. Earnest effort is made to ensure nets and fasteners do not wash off the farm area. A site visit occurs after any major storm event. Maintenance of the site for Manila clams is minimal. As previously noted, in some cases, antipredator canopy netting is used to protect the clams. We inspect and maintain the netting until it is removed from the site. Maintenance of the site for Pacific Oysters is minimal -to-moderate depending on the growing method used at the site. Oysters strewn on the beach substrate require little or no maintenance; those grown in stationary bags need brief attention every three or four weeks (flipping of grow bags to keep oysters from clumping). Harvesting Harvesting of Manila Clams Harvesting of Manila clams is accomplished by accessing the cultivation areas during appropriate tide levels. The duration of activity is typically during one tide cycle, about four hours. My wife and I hand harvest both clams and oysters. Harvesting of Pacific Oysters Harvesting techniques for oysters varies somewhat with growing methods, but all harvest is by hand. JARPA Revision 2015.1 Page 10 of 21 6f. What are the anticipated start and end dates for project construction?(Month/Year) 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: as soon as all permits are issued ❑ End date: Ongoing See JARPA Attachment D . Fair market value of the project, including materials, labor, machine rentals, etc. hf e Not applicable, this is an ongoing farming operation, not a one time construction project 6h. Will any portion of the project receive federal funding? • If yes, list each agency providing funds. ❑ Yes ® No ❑ Don't know Part 7—Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) hf M 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. heI ® Not applicable 7b. Will the project impact wetlands? hel Yes No Don't know 7c. Will the project impact wetland buffers? neI Yes No L-JDon't know 7d. Has a wetland delineation report been prepared? [Lpjpj • If Yes,submit the report, including data sheets,with the JARPA package. Li Yes No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? hf M • If Yes, submit the wetland rating forms and figures with the JARPA package. Yes Li No Li Don't know JARPA Revision 2015.1 Page 13 of 21 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? hel • If Yes, submit the plan with the JARPA package and answer7g. • If No, or Not applicable, explain below why a mitigation plan should not be required. JARPA Revision 2015.1 Page 14 of 21 ❑ Yes ❑ N( ❑ Not applicable 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. hel 7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below) where we can find this information in the plan. hem Activity (fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name' type and area (sq. of impact3 mitigation mitigation area flood, etc.) rating ft. or type' (sq. ft. or category 2 Acres) acres) If no official name for the wetland exists,create a unique name(such as"Wetland 1").The name should be consistent with other project documents,such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System.Provide the wetland rating forms with the JARPA package. 9 Indicate the days,months or years the wetland will be measurably impacted by the activity.Enter"permanent'if applicable. °Creation(C), Re-establishment/Rehabilitation(R),Enhancement(E), Preservation(P),Mitigation Bank/In-lieu fee(B) Page number(s) for similar information in the mitigation plan, if available: 7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. hf eid 7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. hei JARPA Revision 2015.1 Page 15 of 21 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.) of eM ® 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. hf m ❑ Not applicable Shellfish culture must have a healthy marine ecosystem in order to flourish. I review and employ proven state- of-the-art practices to minimize local, temporary adverse impacts. The cultivation of shellfish has been viewed as beneficial to the shoreline environment, not detrimental, as it provides structure, water filtration, and coupling of nutrients. Farming activities do not occur in the upper intertidal area (eg. above +5 foot tidal elevation). All work activities are by manual labor, no motorized machinery operates on the beach, no refueling occurs on the beach, no equipment storage at the site, no rooted aquatic vegetation or benthic organisms removed from the site, no fill or grading happens, and no chemical/environmental contaminants are used. work vessel (standard aluminum boat) may be used to access the site. The maximum time a work vessel might be grounded on the beach is approximately four hours during a low tide cycle, after which time it is removed. The farm site cultivation area is at elevations below the spawning elevations of sand lance and surf smelt, and there is no presence of native eelgrass or other rooted vegetation necessary to attract herring spawn. The project is typical of shellfish farm activities and locations that were 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).1 All farm activities that we are proposed here (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. 21 will consult with the ACOE and obtain their permission utilizing the individual permit pathway (or the Nationwide 48 Permit) and all national, regional, and ACOE Seattle District conditions 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. The most recent set ACOE-Seattle District specific conditions (aka conservation measures) is available on the ACOE website.s JARPA Revision 2015.1 Page 16 of 21 1 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. 01 EWFW00-2016-F-0121,August 26, 2016. 2 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). 3 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. Currently, NWP 48 includes 31 national general conditions (some applicable to shellfish aquaculture), 10 Seattle District regional general conditions (some applicable to shellfish aquaculture), 1 regional specific condition (specific to shellfish aquaculture), and most recently, a revised list of 33 Seattle District specific conditions or conservation measures (specific to shellfish aquaculture). Recent legal decisions have created uncertainty in the Nationwide Permit process;therefore I will consult with the ACOE to determine the best permitting pathway. El 8b. Will your project impact a waterbody or the area around a waterbody? hel ® Yes No JARPA Revision 2015.1 Page 17 of 21 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? het • If Yes, submit the plan with the JARPA package and answer8d. • If No, or Not applicable,explain below why a mitigation plan should not be required. ❑ Yes ❑ No ® Not applicable There will no net negative impacts. Shellfish harvest techniques may result in local and temporary effects, but no long-term effects. 8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7g you do not need to restate your answer here. hel Not applicable 8e. Summarize impact(s) to each waterbody in the table below. hf elpl Activity (clear, Waterbody Impact Duration of Amount of material Area (sq. ft. or dredge, fill, pile name' location impactt3 (cubic yards) to be linear ft.) of drive, etc.) placed in or waterbody removed from directly affected waterbody Shellfish Totten Inlet Totten Inlet Temporary Not applicable Total area of Cultivation planting and harvesting is 0.3 acres If no official name for the waterbody exists,create a unique name(such as"Stream 1")The name should be consistent with other documents provided. 2 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent,provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 3 Indicate the days,months or years the waterbody will be measurably impacted by the work. Enter"permanent"if applicable. 8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. hf elpl JARPA Revision 2015.1 Page 18 of 21 Not applicable 8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. hel Not applicable 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. Lkm Agency Name Contact Name Phone Most Recent Date of Contact 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? hem • If Yes, list the parameter(s)below. • If you don't know, use Washington Department of Ecology's Water Quality Assessmenttools at".- http://www.ecy.wa.gov/pro. ram s/wp/303d/. ❑ Yes ® No JARPA Revision 2015.1 Page 19 of 21 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? LtLeM • Go to http://cfpub,epa.gov/surf/locateAndex.cfm to help identify the HUC. 17110019 9d. What Water Resource Inventory Area Number (WRIA#) is the project in? hel • 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? hf M • Go to http://www.ecy.wa.gov/programs/wq/swgs/criteria.htmi for the standards. ® Yes Flo Dot applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? h� e • 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. mural [.Jrban Elqatural [aquatic [conservancy ® Other residential 9g. What is the Washington Department of Natural Resources Water Type? hel • Go to http://www.dnr.wa.gov/forest-practices-water-typing for the Forest Practices Water Typing System. ® Shoreline Gish melon-Fish Perennial melon-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? he► • If No, provide the name of the manual your project is designed to meet. ® Yes Flo Not applicable Name of manual: 9L Does the project site have known contaminated sediment? hel • If Yes, please describe below. Yes No 9j. If you know what the property was used for in the past, describe below. hei People have been cultivating shellfish in this area for the past 130 years JARPA Revision 2015.1 Page 20 of 21 9k. Has a cultural resource (archaeological) survey been performed on the project area? heI • If Yes, attach it to your JARPA package. cultural resource assessment (CRA) was not conducted for this project area. The Area of Potential Effects (APE) for the proposed project is along the same shoreline and is in the vicinity to previously permitted intertidal shellfish farms. The physical attributes of the proposed project area and the previously permitted projects are similar with low to no bank and shallow sandy tidelands. In each case, the APE consists of substrates in the lower intertidal zone (+.0' to -45) on privately owned tideland. The records search and literature review for previous CRA's of nearby sites included examination of materials located on the Washington State Department of Archaeology and Historic Preservation's online database, the Washington Information System for Archaeology and Archaeological Records Database (WISAARD). No listed archaeological sites were identified in the project area. JARPA Revision 2015.1 Page 21 of 21 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. hf eM Common Name Scientific Name Listing Federal Critical Date Status Habitat Bull trout (PS/Coastal DPS) Salevelinus 11/1/1999 Threatened Yes* confluentus Chinook salmon (PS ESU) Onchorhynchus 6/28/2005 Threatened Yes tshawytscha Steelhead (PS DPS) o. mykiss 1/5/2006 Threatened Proposed Bocaccio rockfish(PS/GB DPS) Sebastes 4/28/2010 Endangered Proposed paucispinis Yelloweye rockfish (PS/GB DPS) S. ruberrimus 4/28/2010 Threatened Proposed Marbled murrelet (WA/OR/CA DPS) Brachyramphus 10/1/1992 Threatened Yes* marmoratus Marine Mammals Southern resident killer whale Orcinus orca 11/18/2005 Endangered Yes DPS-distinct population segment;ESU:Evolutionary Significant Unit; PS-Puget Sound;GB-Georgia Basin;WA-Washington OR- Oregon;CA-California *Critical habitat identified, but does not occur within the proposed area 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. hel JARPA Revision 2015.1 Page 22 of 21 Species listed in the vicinity of the project area: Seabirds, Harbor seals, Salmonoids, Pacific sand lance, surf smelt, Pacific herring, Rocksole, Bald eagles, Wild geoduck Part 10—SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.oria.wa.gov/opas/. • Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 orhelp(aD-oria.wa.gov. • For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 10a. Compliance with the State Environmental Policy Act (SEPA). (check all that apply.) hel • For more information about SEPA, go to www.ecy.wa.gov/programs/sea/sepa/e-review.html. ❑ A copy of the SEPA determination or letter of exemption is included with this application. ❑ A SEPA determination is pending with (lead agency). The expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. (check the box below in 10b.) hel ® This project is exempt (choose type of exemption below). ® Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? WAC 197-11-704, this is an authorization, not a permit, therefore there is no "project action" ❑ Other: ❑ SEPA is pre-empted by federal law. JARPA Revision 2015.1 Page 23 of 21 10b. Indicate the permits you are applying for. (Check all that apply.) [hem LOCAL GOVERNMENT Local Government Shoreline permits: ❑ Substantial Development ❑ Conditional Use ❑ Variance ® Shoreline Exemption Type(explain): Shellfish Authorization Other City/County permits: ❑ Floodplain Development Permit ❑ Critical Areas Ordinance 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. ®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# Washington Department of Natural Resources: ❑ 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: ® Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): ® Section 404 (discharges into waters ofthe U.S.) ® Section 10 (work in navigable waters) United States Coast Guard permits: ❑ Private Aids to Navigation (for non-bridge projects) JARPA Revision 2015.1 Page 24 of 21 Part 11--Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. hel 11 a. Applicant Signature (required) [help] 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 authorize the agent named in Part 3 of this application to act on my behalf in matters related tothis application. (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 entering the property where the project is located to inspect the project site or any work related to the project. (initial) 1 A/- pp ican Printed Name Applicant Signature -Date i 11 b. Authorized Agent Signature [help] 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. Authorized Agent Printed Name Autho ' ed A nt Sign" Date 11 c. Property Owner Signature (if not applicant) bgjpj Not required if project is on existing rights-of-way or easements. 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. Property Owner Printed Name r8ignaffirerl Date 18 U.S.0§1001 provides that:Whoever, in any manner within the jurisdiction 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 false,fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact the Governor's Office for Regulatory Innovation and Assistance(ORIA)at(800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877)833-6341. ORIA publication number: ENV-019-09 rev.0912015 JARPA Revision 2015.1 Page 25 of 21 5��aoaa-o�a� Reference Number: Applicant Name: Jose Salazar Proposed Project: Clearwater Shellfish Totten3 Location: Totten Inlet, Puget Sound Date: December 10, 2022 Project area: 0.50 acres Culture Area:0.31 acres Lat/Long of Project Area: NW:47.151523N -123.018257W SW:47.151226N -123.018256W NE: 47.151500N -123.017336W SE:47.151246N -123.017426W TOTTEN3 SHELLFISH FARM: Area Maps, Drawings, and Site Photographs Vicinity Map Vicinity Close Ups Neighbor Parcels Plan View Profile View Photos Contours Reference Number: Applicant Name:Jose Salazar Proposed Project: Clearwater Shellfish Totten3 Location:Totten Inlet, Puget Sound Date: December 10, 2022 Project area: 0.50 acres Culture Area:0.31 acres Lat/Long of Project Area: NW:47.151523N -123.018257W SW:47.151226N -123.018256W NE:47.151500N -123.017336W SE:47.151246N -123.017426W Graham Point Ballow Oakland Harstine Island ciiftater Project Agate McNeil Is Longbranch Paicel31911-52-00018 Arcadia er Yoman Sec11T19NR03W carlyon Beach Anderson Edgewater _ Island Beach po Boston Harbor �amdche El:zan�Beach Project Area z Gravelly Z1 Beachcrest Beach Sunset Beach nm , Sunrise Beach South Bay Billy Frank Madrona Jr Nisqually Beach National © Wildlife.. Tanglewilde Thompson Place Reference Number: Applicant Name:Jose Salazar Proposed Project: Clearwater Shellfish Totten3 Location:Totten Inlet, Puget Sound Date: December 10, 2022 Project area: 0.50 acres Culture Area:0.31 acres Lat/Long of Project Area: NW:47.151523N -123.018257W SW:47.151226N -123.018256W NE:47.151500N -123.017336W SE:47.151246N -123.017426W Totten 3 Project and Cultivation Areas :- Legend • 6� Totten 3 Cuhivation Area I' MHHW - � Totten 3 Project Area s" # + 0 r-r 14 4 _ 1 - _ i I 100ft Lat/Long of Project Area:A:47.151523 -123.018257W B: 47.151500N -123.017336W C:47.151246N -123.017426W D:47.151226 -123.018256W Reference Number: Applicant Name:Jose Salazar Proposed Project: Clearwater Shellfish Totten3 Location:Totten Inlet, Puget Sound Date: December 10, 2022 Project area: 0.50 acres Culture Area:0.31 acres Lat/Long of Project Area: NW:47.151523N -123.018257W SW:47.151226N -123.018256W NE: 47.151500N -123.017336W SE:47.151246N -123.017426W Mason County WA GIS Web Map ,%LVCAT V[tOR • Farm ,4A SE WENTJAR WAY • 2 • s • 3 6.612022.6:1 2:03 AM 1:1.538 a O 0.01 0.03 O.OS mt County Boundary I -- 0 0.02 O.oa 0 08 r.m � No Flled Site Address (Zoom in to 1:3,000) _ .ao. .•. nn ene.w.u.o�.r�.,.e....e.w..soco.uocs. Tax Parcels (Zoom in to 1:30,000) �l ����•µ NM« rv" a ay.:":� �.:e.en'.a� s.na.e..a.a ra.ag.m e.t e.nca.a,a.dri.n[.e.oa...,o eewi.e woY waoo web.eP MPm-�+. Totten 3 Neighbors: 1. Sherman and lolinda Heathers,4040 Kamilche Point Road SE Shelton,WA 98584 2. Elinor Jensen,4010 Kamilche Point Road SE Shelton WA 98584 Reference Number: Applicant Name:Jose Salazar Proposed Project: Clearwater Shellfish Totten3 Location:Totten Inlet, Puget Sound Date: December 10, 2022 Project area: 0.50 acres Culture Area:0.31 acres Lat/Long of Project Area: NW:47.151523N -123.018257W SW:47.151226N -123.018256W NE: 47.151500N -123.017336W SE:47.151246N -123.017426W A Bulkhead MHHW (17.5' FT.) D g +5 FT. 0.0 FT. E F *- -2 FT. G H *-----4.5FT. MLLW A- B=105' A-C, B-D=53' C-E, D-F= 135' C-D-E-F= 14,175sq.ft. E-G, F-H = 50' PLAN VIEW Reference Number: Applicant Name:Jose Salazar Proposed Project: Clearwater Shellfish Totten3 Location:Totten Inlet, Puget Sound Date: December 10, 2022 Project area: 0.50 acres Culture Area:0.31 acres Lat/Long of Project Area: NW:47.151523N -123.018257W SW:47.151226N -123.018256W NE:47.151500N -123.017336W SE:47.151246N -123.017426W Waterline at+5.0'and upper elevation of farm ;--- 53---------- 135'=SITE 0, PROPOSED FA +5'MLLW TO-2'MLLW -2.0'MLLW -4.5' MLLW 0.0 FT MLLW PROFILE VIEW TOTTEN3 FARM Reference Number: Applicant Name:Jose Salazar Proposed Project: Clearwater Shellfish Totten3 Location: Totten Inlet, Puget Sound Date: December 10, 2022 Project area: 0.50 acres Culture Area:0.31 acres Lat/Long of Project Area: NW:47.151523N -123.018257W SW:47.151226N -123.018256W NE:47.151500N -123.017336W SE:47.151246N -123.017426W Ask- .I Totten3 Farm site looking North, 8.5' tide elevation Reference Number: Applicant Name:lose Salazar Proposed Project: Clearwater Shellfish Totten3 Location: Totten Inlet, Puget Sound Date: December 10, 2022 Project area: 0.50 acres Culture Area:0.31 acres Lat/Long of Project Area: NW:47.151523N -123.018257W SW:47.151226N -123.018256W NE: 47.151500N -123.017336W SE:47.151246N -123.017426W 47 TOTTEN3 FARM SITE LOOKING SOUTHWEST 8.5'TIDAL ELEVATION Reference Number: Applicant Name: Jose Salazar Proposed Project: Clearwater Shellfish Totten3 • • Totten • • /. December / 2022 Project0.50 acres Culture • 1 .31 acres Lat/Long of • / 1 11 1 4• 1 ZP TOTTEN3 FARM SITE LOOKING WEST 8.5' TIDAL ELEVATION f •'G fie., r "_ `ter'' � �.� - .'r'�-Z'� j�"�`'. '+'•t' _ - .-. ���Y }.«.'r F�`�� `......3. i1 `�. � -•.ate e. � Lam:l � ..• - �"d•. � .r'�4� � _ y��°`is+ Y. tip, �, � 1✓-� 4ar iw vt` 1•` - Tilt' "-,. - Reference Number: Applicant Name:Jose Salazar Proposed Project: Clearwater Shellfish Totten3 Location:Totten Inlet, Puget Sound Date: December 10, 2022 Project area: 0.50 acres Culture Area:0.31 acres Lat/Long of Project Area: NW:47.151523N -123.018257W SW:47.151226N -123.018256W NE: 47.151500N -123.017336W SE:47.151246N -123.017426W Mason County WA GIS Web Map 1 19115 0015 s �s 31911222�22 292 SE WILDCAT COVE RD • 31 11 00016 1 ti t IS 1 l 1 4040 SE KAMILCHE POINT RD l 3�91 5 0 17 11300030 �o L 319112222222 44 4030SE KAMILCHE POINT RD 319116666666 • 3 1 00 16 4010 SE KAMILCHE POINT RD i • 1 9115 00019 19110060Il1)00 I 911 00400S z ;r a 3 911 003902 12/a/2022,1128:50 AM 1:769 0 0.01 0.01 0.02 mi O County Boundary `r��� 0 0.01 OA2 0.04km ❑ No Filled Site Address(Zoom in to 1:3,000) 9007NP.NxEhE,Gamh,htlm. ft irtpcop.,GlIcOU5G9, r h1G.NlS.MbarFtCAN Ge,mau,IGN.1p of NL.GNp mi i, rr',aidri Tax Parcels(Zoom into 1:30,000) J�a,yen,enc�u,Nmq wg?.ti,epe�cs.eLap wlehmn.a�a tle GG U�!IcoalwUN Contours 5 ft Ratol cod ly YiaGE V'!D 16p!pplkabl �aRa�o1LA0■alagen eat Es IICa�a]a.Ea 11.HEP E.Gann I.Geol!a/lobgli,hc..U`S.G,Aa.UcOA� TOTTEN3 Contours