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Home My WebLink AboutSHX2023-00001 Chelsea Farms Hartstine Geoduck Expansion - SHX Permit / Conditions - 3/2/2023 Community Development MASON COUNTY (Permit Assistance Center/Building/Planning) 615 W.Alder Street—Shelton,WA 98584 COMMUNITY DEVELOPMENT 36masoncoun Ext.35v masoncountvwa.sov Permit Assistance Center, Building,Planning March 2,2023 Kyle Lentz Chelsea Farms 6488 Young Road Olympia,WA 98502 RE: Project Name: Group 12 Chelsea Farms Harstine Expansion (SHX2023-00001). Authorization for a shellfish farm(Geoduck) on Case Inlet,Puget Sound, Mason County. Parcel Number: 22012-1.4-90070. Dear Mr. Lentz: After review of your submitted JARPA application,Mason County concludes that the proposed cultivation of geoduck on the private marine tidelands in Case 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. It is Mason County's understanding that geoduck clams have been farmed by Chelsea Farms on adjacent parcels 22012-14-00010 and 22012-14-00060, a project area of approximately 1.88 acres with a cultivation area of 0.75 acres, since 2004. Through records provided to Mason County, which include an application to the Army Corps of Engineers for Nationwide Permit 48, Pre-construction Notification Form(V.7.7.09) For Existing Commercial Shellfish Aquaculture Activities, dated June 12, 2013, and a Notice Letter re Creation of New Artificial Geoduck Beds PTL_Brandt from the Squaxin Island Tribe, dated July 2, 2013, Mason County concludes that 0.25 acres of geoducks were overplanted and cultivated on parcel 22012-14-90070 as of March 12, 2007. Mason County Planning did not begin permitting shellfish farming and harvesting until January 30, 2008, thus,use of the tidelands on parcel 22012-14-90070 for geoduck cultivation would be considered an existing aquaculture activity,per Mason County Code 17.50.210(b)(1)(D). Ongoing maintenance,harvest,replanting,restocking or changing the culture technique or species cultivated for this farm shall not require shoreline review or a new permit,unless or until: (i)The operation changes the scope and intent of the original permit as defined in MCC 17.50.400; or(ii) The•facility proposes to cultivate non-native species not previously cultivated in the State of Washington. Community Development MASON COUNTY (Permit Assistance Center/Building/Planning) 615 W.Alder Street-Shelton,WA 98584 t.352 COMMUNITY DEVELOPMENT 36masoncoun Exa.go masoncountywa.�ov N C Permit Assistance Center, Building,Planning The proposed project is the expansion of the commercial intertidal shellfish farm for the cultivation of geoduck clams, which would increase the cultivation area on parcel 22012-14- 90070 from 0.25 acres to 0.41 acres. With this expansion,the total project area across the three parcels will be approximately 2.91 acres,with a total cultivation area of approximately 1.16 acres. The proposed cultivation area is located between the+2.0 and-4.5 tidal elevations. The farm will be located on private tidelands and utilize"wet"harvesting methods from below the waterline by divers using surfaced-supplied air if tide levels are not low enough for traditional "dry"harvest methods. 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 LViscusiAmasoncountywa. ov (360)427-9670, ext. 282 --------------------------------------- AGENCY USE ONLY "A Date received: January 3, 2023 WASHINGTON STATE UatheMs ores , of Engineers• seams District Agency SHX2023-00001 Joint Aquatic Resources Permit �2 [help] ; Tax Parcel#(s): 22012-14-90070 Application (JARPA) Form' USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. r L-------------------------------------- Part 1—Project Identification 1. Project Name (A name for your project that you create.Examples: Smith's Dock or Seabrook Lane Development) h[ elpl Group 12 Chelsea Farms Harstine Expansion Expansion of adjacent parcel to NWS permit#s: 2007-01235, 2007-01237 for geoduck cultivation Part 2—Applicant The person and/or organization responsible for the project. h[ eM 2a. Name (Last, First, Middle) Lentz, Kyle 2b. Organization(If applicable) Chelsea Farms 2c. Mailing Address (Street or PO Box) 6438 Young Road 2d. City, State, Zip Olympia,WA 98502 2e. Phone(i) 2f. Phone(2) 2g. Fax 2h. E-mail ( 360) 866 8059 ( 360) 742-9881 kyle@chelseafarms.net '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(SPIF)or prepare a Biological Evaluation. Forms can be found at httr)://www nws usace army mil/Missions/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.epermitting.wa.gov/site/alias resourcecenter/iarpa iarpa form/9984/iarpa form aspx. For other help,contact the Governor's Office for Regulatory Innovation and Assistance at(800)917-0043 or help(_oda.wa.gov. 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.) [bpjpl 3a. Name (Last, First, Middle) Beagle, Marty 3b. Organization (If applicable) Chelsea Farms 3c. Mailing Address (Street or Po Box) 6438 Young Road 3d. City, State, Zip Olympia, WA 98502 3e. Phone(1) X Phone(2) 3g. Fax 3h. E-mail (360) 866 8059 (360)742-9881 ( ) marty@chelseafarms.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 aquatic ownership because the upland owners may not own the adjacent aquatic land. hel ❑ 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) Brandt, Richard 4b. Organization (If applicable) 4c. Mailing Address (street or Po Box) P.O. Box 1275 4d.WOODENVILLE, WA 98072 JARPA Revision 2015.1 Page 2 of 21 4e. Phone(1) 4f. Phone(2) 4g. Fax 4h. E-mail 360 427 0466 ( ) ( ) Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. heI ❑ 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.) hf elpl ® 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 1142 E Ballow Road 5c. City, State, Zip(If the project is not in a city or town, provide the name of the nearest city or town.) [help] SHELTON, WA 98584 5d. County hel MASON 5e. Provide the section, township, and range for the project location. hf eM '/4 Section Section Township Range 12 20 2w 5f. Provide the latitude and longitude of the project location. he[ • Example:47.03922 N lat./-122.89142 W long. (Use decimal degrees-NAD 83 Approximate center of parcel is 47.238 N. lat/-122.865 W long. 5g. List the tax parcel number(s)for the project location. hel • The local county assessor's office can provide this information. 220121490070 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) he[ Name Mailing Address Tax Parcel#(if kr Erica Hanson 218 Crockett St 120077590020 ...........................................................................................................................................-....-—--..--.................................... Seattle, WA 98119 Ison Trust 1260 E Ballow Rd. 220121490060 Shelton WA 98584 JARPA Revision 2015.1 Page 3 of 21 .............................................._...._.............................................................................................._......._........_........_........................................................ 5i. List all wetlands on or adjacent to the project location. [MU Not applicable 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. of eM Marine tideland (intertidal) on Case Inlet, South Puget Sound 5k. Is any part of the project area within a 100-year floodplain? n[ eV ® Yes ❑ No, the project area is marine tideland ❑ Don't know 51. Briefly describe the vegetation and habitat conditions on the property. hel A. Shoreline riparian vegetation and habitat features The uplands overlooking the tidelands are low bluffs with vegetation such as big leaf and vine maples, pacific madrones, douglas fir, and alder present on and above the toe of the bluffs.The understory in the uplands is comprised of fern species,salal,vines, and other vegetation typical of Puget Sound lowlands. Much of the upland property is developed and landscaped. B. Aquatic substrate and vegetation The proposed project is a mildly sloping beach located about%:mile Southwest of McMiken Island in Case Inlet, South Puget Sound.There is little gravel and cobble sized material in the cultivation area. The upper intertidal area above+4'tidal elevation has some gravel and cobble that quickly gives way to medium to fine sand that extends to the lower depths of the tidelands. Based on visual surveys of the beach over the last 15+years there is no on-the-ground evidence of eelgrass(Zostera marina)or rooted kelp in the proposed project area.Very 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 Case Inlet. 5m. Describe how the property is currently used. rf eM The proposed addition of the Brandt project location is in Case Inlet, South Puget Sound, on private tidelands. Without the addition,the current project area is approximately 1.88 acre in area.The tidelands are second-class tidelands extending to extreme low water.The predominant uses of Case 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.We have used a portion (approximately 0.25 acres)of the property tidelands for cultivation of geoducks for over 17 years. 5n. Describe how the adjacent properties are currently used. [Lem JARPA Revision 2015.1 Page 4 of 21 Harstine Island is a very active shellfish aquaculture inlet, including cultivation of geoduck clams, oysters, manila clams, and mussels.The adjacent tidelands to the north and the south are privately owned.The uplands to the west of the project tidelands are mostly developed as single family residences in a land use classification of Rural.There is no developed or undeveloped public marine access point from uplands within the immediate vicinity.The two parcels to the North of the Brandt property comprise"Group 12" (NWS 2020-0606) and have been permitted by the ACOE for years- approximately 32,900 sq.ft.( 0.75 acre)of these two parcels have been used since 2004 for geoduck cultivation. 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. hf elpl On the property, upland of the project area, there is a beach access structure, a single-family residence, and 3 accessory structures. The proposed activities will not come into contact with any of the structures on the property. 5p. Provide driving directions from the closest highway to the project location, and attach a map. h( gid State Highway 3 to Harstine Island, Right on E South Island Drive, go a long ways , then Left on East Harstine Island Rd N,proceed 1,100 feet and make a right on E Ballow Road. Follow E Ballow Road till you reach 1142 E Ballow Road. Part 6-Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. h[ eM The proposed action is the expansion of an existing geoduck clam farm. The parcel to be added to the previously authorized Group12—which is currently approximately 1.88 acres—is owned by the Brandt's. It adjoins the Ison property which is a constituent of Group 12. 6b. Describe the purpose of the project and why you want or need to perform it. [Lel The purpose of the project is to commercially farm geoducks on intertidal ground so as to provide more food for the world. Chelsea Farms began geoduck cultivation of the Gorman and Ison parcels in 2004. In 2013 it was discovered that "overplanting" of geoducks from the Ison property had occurred and that a number of geoducks were planted on the Brandt property. Once that fact became apparent, Chelsea entered into a lease for that portion of the Brandt tidelands (50'linear of beach) where the incursion took place- approximately 0.25 acres of the 78,400 sq. ft tideland parcel. Chelsea Farms would like to expand the geoduck planting on the Brandt property and has entered into a new lease agreement with the Brandts. The new area of cultivation on the Brandt property will add approximately 0.41 acres to the Group 12 cultivation area of 0.75 acres, for a new total of 1.16 acres of geoduck cultivation in Group 12. JARPA Revision 2015.1 Page 5 of 21 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 ❑ cientific Measurement Device ❑ Boat Lift ❑ Dock/ Pier ❑ Marina /Moorage ❑ tairs ❑ Bridge ❑ Dredging ❑ Mining ❑ tormwater facility ❑ Bulkhead ❑ Fence ❑ Outfall Structure ❑ wimming Pool ❑ Buoy ❑ Ferry Terminal ❑ Piling/Dolphin ❑ L tility 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. hf eM • 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 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 a little as four years or as much as seven years,followed by repeated growing and harvest cycles as allowed by permit and lease. B. Farm Location The farm site is located in Case Inlet, South Puget Sound, Mason County,WA on intertidal tideland on the western portion of the inlet.All farming activities occur on privately owned tidelands within an area defined by+2.0 ft. MLLW tidal elevation and approximately-4.5 ft. MLLW tidal elevation.The adjacent tidelands to the north and south are privately owned. C. Farming Techniques The expanded Group 12 project area is approximately 2.91 acres (1.16 acres of cultivation, 1.75 acres of no production ), JARPA Revision 2015.1 Page 6 of 21 not all of which is used for geoduck cultivation.The final cultivation area of planted of geoducks is no larger than 1.16 acres-an increase of 0.41 acres from the previous authorization. No farming activities occur in the mid or upper intertidal area, i.e., above+2.0 ft tidal elevation. All work activities are by manual labor, access is typically by boat or by a privately owned boat ramp, no motorized machinery operates on the beach beyond the boat ramp, no refueling of engines or motors occurs on 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. To maintain aesthetic quality, noise during all farming operations comply with Mason County noise ordinances. Motors used for harvest are insulated for sound and have hospital grade exhaust systems; workers are educated about noise minimization when working on the beach. If farm work activities occur at night, night lighting on the beach is provided by individual LED headlamps. All employees are trained regarding local,state, and federal conditions for operations of commercial shellfish farms. A survey conducted on August 1, 2019,of the project area to a tidal elevation of-3.5 ft. 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. Reference was made to the Washington Department of Fish and Wildlife Priority Habitat and Species report(accessed May 6, 2020).There is no documented and potential spawning area for forage fish in the project area. If forage fish are 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 farming 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 other Chelsea Farms operations. Primary Activity Time Frame Site Prep None necessary Planting Spring to late summer- install capped and banded tubes, plant seed, install area netting ( if needed) Maintenance Ongoing throughout growing cycle- 6-12 months after planting- remove caps and bands from tubes; retain area netting if used 18-24 months after planting- remove tubes and area netting Harvesting 5 to 7 years after planting-start harvest 6 to 24 months after initiation of harvest- complete harvest (time varies depending on harvest method, suitable tides, market conditions, etc.) JARPA Revision 2015.1 Page 7 of 21 A. Pre-planting Preparation 1. Permits and Permissions: all necessary state, and local permits were obtained at some point in time over the last 30+years. On many of our commercially active tideland parcels farming commenced prior to the requirement for a Substantial Shoreline Development Permit(SSDP) or Conditional Use Permit( CUP) in Mason County;they are exempt from requirements for those permits as activities undertaken were grandfathered in.We have requested a letter of Exemption/Authorization from Mason County. 2. Surveys:Surveys for rooted aquatic vegetation: Included in biannual surveys 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 present in the proposed project area. B. Planting Activities 1. Strategy:The planting process is the most important aspect in cultivation of geoducks.The juvenile clams or seed (10 mm-15 mm in length)are quite fragile and must be handled in a delicate fashion.They must have adequate protection from predators and deleterious environmental conditions in order to survive, grow, and gradually dig deeper into the substrate where they will thrive and prosper until harvested. Planting techniques are utilized that minimize disturbance of the proposed project area (and thus to listed species and critical habitat) and also reduce aesthetic impacts to the surrounding landowners. Good planting technique gives a better chance of a high rate of survival. The beginning of the planting season is typically aligned with the first occurrence of low daytime tides in the spring and continues during subsequent low tides into October if necessary. 2. Methodology Site Preparation-The proposed planting area requires no site preparation prior to planting activities.There will be no removal of benthic organisms or any substrate material from the site.There will be no redirection of beach seepage or seasonal upland runoffs. Seed-Chelsea Farms obtains seed from South Puget Sound brood stock. No seed grow-out activities take place in the proposed project area. Tube Placement- PVC anti-predator"culture"tubes(4" diameter by 10" length)are placed into the beach substrate at a density of one tube per square foot.They protrude approximately 3 in.to 4 in. above the surface of the sand.The tubes are thin wall PVC with a specific gravity greater than 1.0 and weigh approximately 0.7 lbs.each and thus do not float.Tube placement and planting occurs within an area defined by 1 ft.and-4.5 ft tidal elevations MLLW. Each tube that is placed has a mesh cap that is secured with a specialized rubber band containing the compound EPDM that imparts resistance to UV light and salt water.These mesh caps act as barriers to predators in the intertidal zone. The tubes are typically off-white or grey when placed but within weeks become heavily fouled with marine organisms and algae.They appear dark and blend in with the beach. Mesh caps are of a neutral color and also blend well with the beach.The proposed cultivation area will be visible during daylight hours only when tides are below+2.0 ft.tidal elevation-in June that is approximately 21%of daylight hours; in September it will be visible for approximately 13.7%of daylight hours. From mid-September through mid-March the cultivation area will not be visible during daylight hours as the lower tides occur at night. Area netting comprised of 40 ft.x 40 ft. squares(3 in. or smaller stretched mesh) is often employed over the tubes to act as a containment measure and/or predator discouragement.The netting is secured to the sand with 24 in. u shaped rebar,spaced every five feet around the perimeter.While the proposed project site is somewhat sheltered from extreme weather events, area netting in conjunction with maintenance patrols(see section below) is an efficient method to keep loose cultivation materials on the farm site. Six to twelve tide cycles would be required to plant and net the annual planting portion of the proposed project area, depending on the method employed (wet or dry), how many individuals participate,weather conditions,and the work- JARPA Revision 2015.1 Page 8 of 21 window open during a particular tide cycle. Thus, depending on the time of year and other factors, "wet" planting methods may be employed instead of dry planting. Planting of the cultivation areas can occur over multiple years to ensure a continual supply of market-ready clams. Each year a portion of the cultivation area may be designated for planting, and the planting is completed within the annual planting season (typically from March to October). Much of the cultivation areas of the Gorman and [son parcels of Group 12 are currently planted with young geoducks. Maintenance: Maintenance of the site includes routine inspection at a frequency of at least twice a month while tubes are present and includes documentation of any fish or wildlife found in the anti-predator netting. Inspections are made down-drift of the farm site for a distance of at least 1,000 feet.All site visits are made by boat. Any live entangled fish or wildlife when encountered is documented, photographed, and released,and any loose nets, tubing,or aquaculture related debris discovered during inspections is removed from the site. Earnest effort will be made to ensure tubes, nets, and fasteners will not wash off of the farm area.A site visit occurs after any major storm event. Tube and Net Removal-As they grow the clams burrow deeper into the substrate. Sometime between 18-24 months after planting the clams have reached a depth of 18-20 inches that is deep enough to provide protection from the vast majority of predators.At this point the tubes and netting can be removed from the site. Workers access the site by boat and pull and bag the tubes as well as roll up the area netting, if any is employed. All materials are removed from the area by boat. Prior to removal of the tubes, inspections are made to determine if herring stocks have used any of the materials on the site as spawning substrate. Inspection is especially important if the tube removal is slated for January through March. If any herring spawn is found,the site is left until the eggs have hatched. Harvesting: Geoducks are harvested after they have reached marketable size (1.5 to 2 lbs.) in five to seven years,though this time period can be influenced by several factors(market demand, environmental conditions,etc.) "Wet" harvesting from below the waterline by divers using surfaced-supplied air(SSA),occurs if tide levels are not low enough for traditional "dry" harvest methods.The method is the same except that it all happens underwater.Chelsea Farms presently utilizes the wet harvesting technique approximately 80%of the harvest time. The rate of harvest for this site is a function of market demand, price, export availability, harvesting activities on other Chelsea Farm beaches, etc.As geoducks are a fresh food,there is no long term storage of the product,thus harvesting efforts must follow market demands. There is no overland access to the beach-all activities associated with the project are accessed by boat.All harvesting equipment is vessel-based and no mechanical devices( ie. motors)operate on the beach.The harvest method that is used is the predominant method employed in Washington state for intertidal geoduck aquaculture: Harvest employs the use of low-pressure water pumps with a "stinger/wand" nozzle that has an inside diameter of 5/8" or less.The nozzles are hand held and controlled by the operator,with nozzle pressure being limited to approximately 40 psi. measured at the pump. Water intake lines on the pumps are fitted with mesh screens that meet or exceed National Marine Fisheries Service (NMFS) screening criteria to prevent sucking up any small critters/fish.The water hose wand is placed into sediment adjacent to the geoduck and loosens the sediment around the clam, allowing it to be easily removed by hand.The pump is vessel mounted and equipped with a muffler.Sound level readings of 60 dB above ambient noise were obtained at a distance of fifty feet from the vessel. During beach harvest operations which can occur during both day and night,the vessel containing the water pump is moored offshore. Hoses are laid to the beach and harvesters remove one geoduck at a time from the substrate,which are then transported in crates to the vessel (similar in fashion to the dive harvesters). During either type of harvest work, "dry" or"wet",workers have no need to access the upper intertidal of the beach. Dive harvest sessions often last two to four hours for each of two divers, depending on market demand,clarity of the water,and density of clams.The harvest process is managed to ensure Clean Water Act 401 water quality certification standards are met. Noise from farm operations and light generation is minimized; all people and equipment are brought to the site by boat and removed from the beach at the end of each day. Harvest activities occur well below forage fish spawning elevations. JARPA Revision 2015.1 Page 9 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:Summer 2023 End date: ongoing ❑ See JARPA Attachment D . Fair market value of the project, including materials, labor, machine rentals, etc. hf elpl Not applicable, this is an ongoing farming operation, not a one time construction project 6h. Will any portion of the project receive federal funding? hLelpd 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 eU 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. hf eM ® Not applicable 71b. Will the project impact wetlands? hf eM ❑ Yes ❑ No ❑ Don't know 7c. Will the project impact wetland buffers? heI ❑ Yes ❑ No ❑ Don't know 7d. Has a wetland delineation report been prepared? hel • If Yes,submit the report, including data sheets,with the JARPA package. ❑ 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 ❑ No ❑ Don't know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? bLeU • If Yes,submit the plan with the JARPA package and answer 7g. • If No,or Not applicable,explain below why a mitigation plan should not be required. JARPA Revision 2015.1 Page 10 of 21 ❑ Yes ❑ No ❑ Not applicable 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. hf eM 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. [heel 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 category2 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. 3Indicate 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. Lop 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. hel JARPA Revision 2015.1 Page 11 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.) hel ® 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. hL.eM ❑ Not applicable Shellfish culture must have a healthy marine ecosystem in order to flourish. Chelsea Farms will continue to 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+2 foot tidal elevation).All work activities are by manual labor, all access is by boat, and no motorized machinery will operate 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 will happen,and no chemical/environmental contaminants will be used. 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 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. Harvest work disturbs the substrate for short periods to a depth of 36". No earth movement occurs,and although some sediment transport/turbidity does result temporarily,the beach quickly returns to original condition. The proposed 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. 2 Chelsea Farms will consult with the ACOE and obtain their permission utilizing the individual permit pathway 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 of NWP 48 ACOE-Seattle District specific conditions (aka conservation measures) is available on the ACOE website.3 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(o)(2)Biological Programmatic Opinion and Magnuson- Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation,National Marine Fisheries Service,Reference No.01EWFW00- 2016-F-0121,September 2,2016 and September 30,2016;Endangered Species Act-Section 7Consultation,Biological Opinion,U.S.Fish and Wildlife Service,Reference No.OlEWFWOO-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 JARPA Revision 2015.1 Page 12 of 21 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 difficulties in the Nationwide Permit process;therefore Chelsea Farms will make supplication thru individual consultation with the ACOE. 8b. Will your project impact a waterbody or the area around a waterbody? hf eM ® Yes ❑ No JARPA Revision 2015.1 Page 13 of 21 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? LhLeM • If Yes,submit the plan with the JARPA package and answer 8d. • 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. h� elal Not applicable 8e. Summarize impact(s)to each waterbody in the table below. hf eM Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or dredge, fill, pile name' location of impact3 (cubic yards) to be linear ft.) of drive, etc.) placed in or waterbody removed from directly affected waterbody Shellfish Case Inlet Case Inlet Temporary PVC tubes (1 tube per Total area of Cultivation sqft), area netting (40 ft planting and x 40 ft squares)secured harvesting is 1.16 by 24-inch U-shaped acres rebar(spaced every 5 ft around the perimeter) 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. 2Indicate 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. 3Indicate 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 eM JARPA Revision 2015.1 Page 14 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. LtLeM Agency Name Contact Name Phone Most Recent Date of Contact 91b. 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 ® No JARPA Revision 2015.1 Page 15 of 21 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? hf eM • Go to http://cfpub.epa._qov/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/qis/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 e • Go to http://www.ecV.wa.gov/r)rograms/wq/swqs/criteria.html for the standards. ® Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? k • 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 ® Conservancy ❑ Other 9g. What is the Washington Department of Natural Resources Water Type? h[ eld • Go to http://www.dnr.wa.gov/forest-practices-water-typing for the Forest Practices Water Typing System.//////////////////// ® Shoreline ❑ Fish ❑ Non-Fish Perennial ❑ Non-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? hf eM • If No, provide the name of the manual your project is designed to meet. ® Yes ❑ No Not applicable Name of manual: 9L Does the project site have known contaminated sediment? h( u • If Yes, please describe below. ❑ Yes ® No 9j. If you know what the property was used for in the past, describe below. heI Chelsea Farms has been farming 0.25 acres of the proposed 0.41 acres on the site since at least March 12, 2007. This is verified by an application to the Army Corps of Engineers for Nationwide Permit 48, Pre- construction Notification Form (V.7.7.09) For Existing Commercial Shellfish Aquaculture Activities, dated June 12, 2013. In a letter dated July 2, 2013, the Squaxin Island Tribe found no objections to the cultivation or enhancement activities on the Brandt property. JARPA Revision 2015.1 Page 16 of 21 9k. Has a cultural resource (archaeological) survey been performed on the project area? h[ elpl • If Yes, attach it to your JARPA package. A 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 adjacent to previously permitted intertidal shellfish farms. The physical attributes of the proposed project area and the previously permitted projects are similar with medium bank, unstable steep slope, and shallow sandy tidelands. In each case, the APE consists of substrates in the lower intertidal zone (+.0' to -4.5') 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 within one mile of the project. JARPA Revision 2015.1 Page 17 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. h� eld Common Name Scientific Name Listing Federal Critical Date Status Habitat Fishes Bull trout (PS/Coastal DPS) Salevelinus 11/1/1999 Threatened Yes* conf/uentus 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 Birds 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. mu JARPA Revision 2015.1 Page 18 of 21 Species listed in the vicinity of the project area: seabirds, harbor seals, salmonoids, pacific sand lance, surf smelt, pacific herring, rock sole, 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 or helpCa 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.) hf elpl • For more information about SEPA,gotowww.ecy.wa.gov/procirams/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 Mason County. The expected decision date is Jan 2023 ❑ I am applying for a Fish Habitat Enhancement Exemption. (check the box below in 10b.) hf pm ® 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 "protect action" ❑ Other: ❑ SEPA is pre-empted by federal law. JARPA Revision 2015.1 Page 19 of 21 10b. Indicate the permits you are applying for. (Check all that apply.) [hel 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 exemptign) ❑ 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 of the 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 20 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. [Lei] 11a. Applicant Signature (required) hel 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) Applicant Printed Name Applicarittgnature Date 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 Authorized Agent Signature Date 11c. Property Owner Signature(if not applicant) hel 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 Property Owner Signature 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.09/2015 JARPA Revision 2015.1 Page 25 of 21 Reference Number Applicant:Chelsea Farms Proposed Project: Group 12 Expansion Location: South Puget Sound Date: 12/30/2022 Project Area: 2.9 acres Cultivation Area: 1.16 acres Lat/Long of Project Area: NW: 47.239286, -122.86562 NE: 47.2 39396, -122.864704 Page 1 of 6 SW:47.237970, -122.864823 SE: 47.238366, -122.864039 Graham Point ,D B Oakland Harsline lslan §l Shehor: McNeil cNafi Is L otybranch Arced,a Group 12 Project Vorr,an canyon beach Anderson ' .� Island :uanhater beach Puget rs } Boston Harbor Kamlcno Eitzan Beach 4U Gtnverly Beachcrest beaeeh l Sunset beach 12 Sunr,se Beach t South Hay BilI y Frank madwa Jr Nisqually �f Beach National 9} 0 NW11hfee Tanglewllde-Thompson .. . rStamn�n Piece ...-.. � » Vicinity Map Reference Number Applicant: Chelsea Farms Proposed Project: Group 12 Expansion Location: South Puget Sound Date: 12/30/2022 Project Area: 2.9 acres Cultivation Area: 1.16 acres Lat/Long of Project Area: NW: 47.239286, -122.86562 NE:47.2 39396, -122.864704 SW: 47.237970, -122.864823 SE: 47.238366, -122.864039 Page 2 of 6 Mason County WA GIS Web Map ,5 1 • • • 12272022.7:43:13 AM 1:1.535 0 OD7 0.03 0.05 ml O County Boundary i o a- a—oTa o.oe km EJ No Filed Site Address(Zoom in to 1:3,000) a:[Sal M!R E.Ca m la.x!nny,x ceme N R m p.,OBCO.000�. Tax Parcels(Zoom into 1:30,000) �.MR0.MRCRN. tan,ICx ,aa 4 Nt. wie�b�..d 1�OG I�iaea Cgnma xa tXna9 ac.a9i ar:)OPaa—.re l artaa of LaaO Yaa, a aaY Wx OG NKO YaplpPlt�a ag!meat CXaa•m.pII.XlR l,Gamla INCRNENT R.U�O,ERA.UCOR Reference Number Applicant: Chelsea Farms Proposed Project: Group 12 Expansion Location: South Puget Sound Date: 12/30/2022 Project Area: 2.9 acres Cultivation Area: 1.16 acres Lat/Long of Project Area: NW: 47.239286,-122.86562 NE: 47.2 39396,-122.864704 SW:47.237970, -122.864823 SE: 47.238366, -122.864039 Page 3 of 6 Coordinates of corners: 12 Chelsea Farms Harstine Island NW:47.239286,-122.865628 Shelton,WA Mason County NE:47.239396,-122.864704 December 22th,2022 SW:47237970,-122.864823 North SE:47.238366,-122.864039 SW NW MHHW 150 FT i No aquaculture production No aquaculture production No aquaculture production i i i +2 MLLW Geoduck area Geoduckarea Geoduckarea 100 FT K 111N -4.5 MLLW 509F NE SE No NWS#yet NWS-2007-01237 NWS-2007-01235 Brandt Parcel Ison Parcel Gorman Parcel #220121490070 #220121400060 #220121400010 ❑No aquaculture production ®Geoduck area 1.16 acres 1.75 acres 'Map components are not to scale Reference Number Applicant: Chelsea Farms Proposed Project: Group 12 Expansion Location: South Puget Sound Date: 12/30/2022 Project Area: 2.9 acres Cultivation Area: 1.16 acres Lat/Long of Project Area: NW: 47.239286, -122.86562 NE: 47.2 39396, -122.864704 Page 4 of 6 SW:47.237970, -122.864823 SE: 47.238366, -122.864039 Group 12 Project and Cultivation Area L.oena �' Group 17 Protect Area Group 12 SE SW Cultivation 12 SW ®Grwp 17 CuRrvatlon �w r •.• GROUP 12 Project and Cultivation Areas Project Coordinates Cultivation Coordinates NW 47.239286, -122.865628 NW 47.239342,-122.865070 NE 47.239396,-122.864704 NE 47.239396, -122.864704 SW 47.237970, -122.864823 SW 47.238204,-122.864351 SE 47.238366, -122.864039 SE 47.238366,-122.864039 Reference Number Applicant: Chelsea Farms Proposed Project:Group 12 Expansion Location: South Puget Sound Date: 12/30/2022 Project Area:2.9 acres Cultivation Area: 1.16 acres Lat/Long of Project Area: NW: 47.239286, -122.86562 NE:47.2 39396,-122.864704 SW:47.237970, -122.864823 SE: 47.238366, -122.864039 Page 5 of 6 Group 12 Project Area Legend FeaNre t 47 5\ * 4 +rc r A w i r i Expanded Group 12 Project Area (includes Brandt ) Reference Number Applicant: Chelsea Farms Proposed Project:Group 12 Expansion Location: South Puget Sound Date: 12/30/2022 Project Area: 2.9 acres Cultivation Area: 1.16 acres Lat/Long of Project Area: NW: 47.239286,-122.86562 NE:47.2 39396, -122.864704 SW:47.237970, -122.864823 SE: 47.238366,-122.864039 Page 6 of 6 Group 12 Cultivation Area Legend Group 12 Cuivoaoon Group 2 NE JGroup 12 Cultivation ,wa,��.12 NW roup 12 SE roup 12 SW Cultivation '7f u+ F , r �I. t • Expanded Group 12 Cultivation Area (incudes Brandt) Luke Viscusi From: Marty Beagle <marty@chelseafarms.net> Sent: Tuesday, February 21, 2023 12:52 PM To: Luke Viscusi Subject: shoreline exemption for Brandt geoduck farm Attachments: Brandt tribe letter.pdf; Brandt early NWP48.pdf; ISON 2004 planting.pdf; ISON DOH 2004 letter.pdf Follow Up Flag: Follow up Flag Status: Flagged Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Hi Luke, I am back in town, so here are the documents that concern the Brandt property and Chelsea Farms application for a Shoreline Exemption in our pursuit of planting more geoducks on the existing farm. The documents support our position that a Shoreline Exemption is justified in that geoducks have been cultivated on the Brandt property since 2004. First off is a letter, ( "BrandtTribe letter",date 7/2/13.) from the Squaxin tribe acknowledging that Chelsea Farms had been cultivating geoducks on the Brandt parcel since 2004. Another file, "Brandt early NWP48", created 6/12/13, also states on page 2, section 5a, that 0.25 acres of the farm, specifically naming the Brandt parcel, was planted prior to March, 2007. The third document "ISON 2004 planting" provides the actual planting data on the 2004 planting. The fourth document, "Ison DOH 2O04", is a certification from the Washington Department of Health for the farm. The area for cultivation on a farm does not need to be planted in its entirety in a single year.All the growers I know plant portions of their beaches on an annual basis so as to have a continuous supply of harvestable stock. Expanding an existing farm within the confines of a farmed tideland parcel does not constitute a new farm.Therefore, a letter of exemption/authorization is justified in this particular situation. I am, of course, eager to hear your thoughts on this matter! Best Regards Marty Beagle 360.742.9881 1 t SQUAXIN ISLAND TRIBE ''ti✓ .... . G3 ......... ............. .. .. ... :........ .... .... . ::.:. .. ;;.;,..... a..•:-rya,.:+.+J�:?•'iir''6'c"�-�_:c-�is� ''%�' ,�'l.�T� 07/02/2013 John and Linda Lentz Moonset LLC 6438 Yound Rd.NW Olympia, WA 98502 Re: Notice Letter re Creation of New Artificial Geoduck Beds PTL Brandt Dear Linda: The Squaxin Island T[ibeF-gready appreciates-your RAlow--, - otiee letter,aced 06/26/2013,regarding your intent create an artificial bed of geoduck on tidelands]eased from the Brandt's,tax parcel id.no 2201214900070. This letter responds to your notice,which is covered under§ 6.3 of the Shellfish Implementation Plan(April 8,2002),and by the geoduck minimum density settlement agreement. Your letter indicates the density of geoduck prior to the commencement of your cultivation activities in 2004 was below the minimum density threshold.While an inspection . of a natural bed absent commercial activities is no longer possible,based upon the information you have provided,the Tribe agrees with your determination. Accordingly,the Tribe has no objection to the cultivation or enhancement activities described in your notice. Please be advised however,that this determination applies only to geoduck,and that if you intend to cultivate or enhance any other species not listed in your notice,you will need to notify the Tribe again under§ 6.3 of the Implementation Plan of your intentions to do so. Also,the Tribe reserves all of its rights under the Treaty and federal court orders. Thank you very much for your cooperation in these matters,and feel free to contact me with any questions you may have. Sincerely, ( _ Rana Brown Squaxin Island Tribe Shellfish Biologist 360-432-3816 Rbrown@squaxin.us Natural Resources Department / 2952 S.Ft Otd Olgmptc Hwq. / Shelton, WA 98584 Fax (360) 426-397I / Phone (360) 426-9781 SQUAXIN ISLAND TRIBE P 06/13/2013 Moonset LLC 6438 Young Rd.NW Olympia,WA 98502 SE-Nff VIA 'IT S MAITL Re: Notice Letter re Creation of New Artificial S pecies Beds or Enhancement of Existing Natural S p!gLcies Bed Dear John: The Squaxin Island Tribe greatly appreciates your notice letter dated 05/01/2013, regarding your intent to enhance an existing natural bed of and unknown species("cultivation activities")on tidelands leased from Richard and Heather Brandt,tax parcel id.no 220121490070. This letter responds to your notice,which is covered under § 6.3 of the Shellfish Implementation Plan(April 8,2002),and by the minimum density settlement agreement. Unfortunately,your letter is missing some information required under§ 6.3. Please provide us this information in order to make your notice complete (we understand that you have inadvertently already had a portion of this parcel under cultivation). 0 Identification of the proposed species: Please identify the name of the species that you propose to culti-vipte by en.hancing or crogt"na an_,.'rtificia! 6-3 • Summary of information known regarding the history of harvest and enhancement: Please collect this information from your lessee and provide a summary of information regarding the history of harvest and the history of enhancement for the parcel. • Your(1)determination of whether the named species is at,above,or below the "natural bed threshold"for the named species(this helps inform us as to whether the Tribe is entitled to a Treaty-based share), along with(2) an explanation of the basis for your detennination. As you are aware, for geoduck the minimum density is 0.01 geoduck per square foot,and manilas the minimum density is 0.14 lbs.per square foot. Natural Resources Department / 2952 S.F. Old Olympic Ruig. / Shelton, WA 98584 Fax (360) 426-3971 / Phone (360) 426-9781 While your notice letter is incomplete,the Tribe will not require under § 6.3 that you delay cultivation activities for 60 days after you provide us with the information. The Tribe has limited resources to investigate shellfish production on all lands within its Treaty shellfishing area. You mentioned in the notice that the Tribe had visited the tideland in 2004,and I cannot find this parcel listed in our inspection database. I am not disagreeing with you,but I can't find any pre-existing information we have for this parcel,although we do have the two parcels you mention to the north. I have familiarity with nearby parcels however, so I do not anticipate needing an inspection. Once we receive the complete notice I should be able to provide you with a final response. Thank you very much for your cooperation in these matters,and feel free to contact me with any questions you may have. Sincerely, Rana Brown Squaxin Island Tribe Shellfish Biologist -- 360-432-3816 Rbrown@squaxin.us 2 Moonset LLC 6438 Young Rd.NW Olympia WA, 98502 360-866-8059 June 26,2013 Rana Brown Squaxin Natural Resources 2952 SE Old Olympic Hwy Shelton WA 98584 Dear Rana: Thank you for your response to my letter and I apologize that I didn't include the information necessary. I will try to detail it below to help clarify. First,we plan to cultivate only geoduck on this small parcel, at this time. This parcel has been under cultivation and actively farmed for geoduck since 2004 by us that I indicated in my previous letter. It was originally thought that this small 50 linear feet was originally owned by the adjacent property owner Calvin and Janelle Ison. A recent survey discovered the boundary line was to the north, of where we thought it was. Our geoduck operations were in fact partially on the Brandt's property. The Brandt property number is 22012-14-900070. The Ison parcel directly to the north is parcel number 22012-14-00060 and the one adjacent to it on the north is Gorman parcel no 22012-14-00010. Both of these parcels we are still actively farming. These parcels were originally planted in 2004 with geoduck. They were harvested in 2009 and finished in 2010. We have been planting them in 2011,2012 and 2013. Prior to commencing any activates on these parcels we did not find it to have commercial quantities of manila clams, oysters or geoduck on them. I think that I have addressed all the requirements under your response letter. If for some reason you have any additional questions,please let me know. Thank you for your cooperation in this matter. Sincerely, t Jo Lentz �- 360-866-8059 � r Moonset LLC 6438 Young Rd.NW Olympia WA, 98502 360-866-8059 May 1, 2013 Andy Whitener Squaxin Natural Resources 3100 Old Olympic Highway P.O. Box 3 Shelton WA 98584 Dear Mr. Whitener: I have leased another small parcel of beach on the east side of Harstine Island that is south of the Glaser Oyster Company LLC. The parcel is in Mason County; Parcel No. 22012-14-90070. It is owned by Richard and Heather Brandt and is about 50 feet in width. We have been currently farming the two adjacent properties to the North of this site. We found through a new survey that our current farming of the adjacent property was in fact partially on this parcel. This lease is only for the north 50 feet of this parcel that covers the area that has been under cultivation since 2004. The property was previously reviewed by a representative from your tribe on May 4, 2004,prior to when we began farming for the other two adjacent leases. This letter is to inform you of my intentions as per the Rafeedie Implementation Order. Should you have any questions please don't hesitate to contact me at the number listed below. Thank you for your cooperation in this matter. Sincerely, John Le tz 360-866- 9 Nationwide Permit 48 Pre-construction Notification Form (V.7.7.09) Seattle District For Existing Commercial Shellfish Aquaculture Activities Part 1 -- Applicant A9ency use Only# Ia. Name(Last, First, Middle) and Organization (if applicable) Lentz,John,Monroe and Chelsea Farms LLC 1 b. Mailing Address Street or Post Office Box 6438 Young RD NW 1 c. Cit , State,Zip Olympia. WA 98502 1 d. Phone (day) 1 e. Phone(cell) 1 f. E-mail 360-866-8059 360-789-6125 —� geoduckiohn(-komcast.net Part 2 — Authorized Agent or Contact (if applicable) 2a. Name (Last, First, Middle)and Organization Lentz,Kyle 2b. Mailing Address Street or Post Office Box 6438 Young Rd NW 2c. City, State,Zip Olvmpia WA 98502 2d. Phone (day) 2e. Phone(cell) 2f. E-mail 360-866-8059 3 00-556-3802 —� Kvlelentz2011(a,gmail.com Part 3 — Property Owner (if same as applicant skip) 3a.Name (Last, First,Middle)and Organization (if applicable) Brandt. Richard and Heather 3b. Mailing Address Street or Post Office Box PO Box 1275 3c. City, State, Zip Woodinville.WA 98072 3d. Phone (day) 3e. Phone(cell) 3f. E-mail 425-481-7 129 1 Part 4 — Project Area Check here if there are multiple project areas. For each project area, include the following information in an attachment or use a separate form,as appropriate. 4a. Street Address if applicable) E 1142 Ballow Rd 4b. City, State, Zip If project is not in a city or town, please provide the name of the nearest city Shelton, WA 98584 or town. 4c. County 4d. Waterway Mason Case Inlet 4e. Latitude and longitude of the project.area e. . 47.03922 N lat. /-122.89142 long) with datum if known) N 47.14.323 /W 122.51.861 4f. Section, Township, and Range for the project area(1/4 Section, Section, Township, Range) Section 12.Township 20N,Ranae 2W Part 5 — Project Description Nationwide Permit 48 authorizes existing aquaculture operations. An existing operation is one that has been granted a permit, license or lease from a state or local agency specifically authorizing commercial aquaculture activities and which has undertaken such activities prior to March 12, 2007. Attach a copy of the permit, license, or lease authorizing aquaculture activities at the project area described below. QAttached. (If you do not qualify for review under Nationwide Permit 48, please contact the U. S. Army Corps of Engineers (Corps) for information on alternative permits, such as an individual permit.) 5a. Acreage of project area that was planted as of March 12,2007:�25 acres. 5b. Acreage of project area that was fallow (area that is left unplanted as part of a normal rotation or farming practice, but that has not been abandoned) as of March 12, 2007: acres. 5c. Acreage of project area in which there has been no previous aquaculture activity as of March 12, 2007: 25 acres. 5d. Total acreage of project area: .50 acres. If 5a.-5c.does not equal 5d., please provide an explanation. 2 5h. Describe any proposed or existing fill, excavation or structures necessary to redirect water flow (if applicable: N/A 51. Describe the amount (e.g., cubic yards, acreage, etc.) of any material placed for "graveling or frosting" that occurs or is proposed to occur(if applicable): N/A 5j. Are predator exclusion nets being used? No ❑ Yes How many acres of canopy nets? 0.25 Time period in place? 3-12 months How many acres of individual Geoduck tube nets? 0•2 Time period in place? 12-24 months Description of how nets are secured: Rubber Bands and canopy nets when needed Canopy nets secured with metal pins Any other types of nets: N/A 5k. Names of species, acres being cultivated and cultivation method(attach separate pages as needed): Name(species) X Acres Planted as of Cultivation Method Pacific littleneck clam(Protothaca staminea) March 12,2007* Manila clam(Venerupis philippinarum) Butter clam (Saxidomus i anteus) Geoduck(Panopea abrupta) X 0.25 Tubes and nets Pacific oyster(Crassostrea gi as) Kumamoto oyster(Crassostrea sikamea) Eastern oyster/American oyster(Crassostrea vir inica) Olympia oyster(Ostrea concha hila) -European flat oyster Ostrea edulis) Blue mussel (Mytilus trossulus) Mediterranean/Gallo mussel (Mytilus alloprovincialis) Pink scallop (Chlamys rubida or Chlamys hastata) Other 4 *Total acres planted may be greater than the project area due to multiple-species being cultivated on same acreage. 5L. Description of the culture and harvesting method for each species: Ground Culture of geoduck with tubes and nets Hand harvest with Low pressure water nozzles. Canopy nets used as need when predators indicate. 5M. The district engineer determines whether an activity may affect threatened or endangered species. To streamline the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) consultation process, the Corps worked closely with National Marine Fisheries Service (NMFS) and U. S. Fish and Wildlife Service (USFWS) on developing programmatic consultations for NWP 48. The programmatic consultations for NWP 48 are completed and ESA and EFH requirements are met for that activity as long as it complies with the terms and conditions of the programmatic consultations. Individual consultation between the Corps and USFWS and NMFS is not required for activities covered by programmatic consultations; however, streamlined coordination or reporting may be required. Activities covered by programmatic ESA and EFH consultations must still comply with Corps notification and permitting requirements. As part of your verification, you will be notified of any terms and conditions that may apply. 5N. Are vegetated shallows* present in the project area? 17 J No ❑ Yes If yes, please describe the location, species, and density in the project area. You must submit a delineation (description) of the submerged aquatic vegetation present. This can be included in the project area sketches (50. Photos can also be submitted. *vegetated shallows are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, i.e., eelgrass(Zostera marina). 5o. Will any dredge harvesting, tilling, or harrowing be conducted in areas considered vegetated shallows? QNo ❑ Yes 5p. Describe work being conducted in areas considered vegetated shallows: N/A 5 5q. Describe any use of nursery/seed grow-out structures(e.g.,plastic pools). N/A a. Describe any istoric owe ge o w at t e property was use or in e past, inc u ing ow ong the project area has been used for aquaculture activities: We have leased and farmed this property since the late 2004. 6b. Has a historical/cultural resource survey been performed on the project area? No Q Yes ❑ If yes,please attach a copy of the report to your application. 6c. Explain from where the project area will be accessed(e.g. boat,road, shoreline). We will access this property primarily by boat. There is possibility that we may access from the uplands as needed and would like to reserve the right to do that. �..� 6d. Will any upland construction be required for your project to function? No Yes ❑ If yes,please add to your sketches or fully describe. N/A 6 Part 7 - Authorizing Signatures Signatures required before submitting the NWP 48 pre-construction notification form. 7a. Applicant Signature (required) 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. I hereby authorize the nt named in Part 2 of this application to act on my behalf in matters related to this application (initial) By initially here, I state that I have the authority to grant access to the property. I also give my consent for the permitting agencies entering the perty where the project is located to inspect the project site or any work related to the project__(N�initial 44licant C__ r 9 Gy 1 Date 7b. Authorized Agent Signature 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. Authorized Agent Date 7c. Property Owner Signature(if not applicant) 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 Date 18 U.S.C. § 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 a false, fictitious, or fraudulent statements or representations or makes or used 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. 7 �1 a 6 5�` 4-0 lAl 4� - 7 P Pr ORTE :17, SPECIES 0 dt)ct-, I -- -T BERCH_bD)-1 TIME TIDE- 3 ,� TEMPERRTURE - RIRLj C� ��' IJ)4i�RTE-R -74- "-bERCW- -69 " TLIBE : HIGH & MIDDLE LOU1 id .0 PREDITOR CONTROL /Vt— f;f WIND'J WRVES CLOUD COVER-_ RRIN- SUBSTRRTE- - I Z PRODUCT SIZE SOURCE CONDITION COMMENTS: FOULING PREDITORS TIMING WITH TIDE SEED QURLITY PERSONEL 4 BYSSEL THFIERDS--- MRN HOURS ORTE SPECIES UM 0 c BEF10-1-i TIME- W" TIDE TEMPE'RiRTURE - AIR S ZWRTER BEflCI -VL;lF:3E : HIGH5-y' C" MIODLE LOW PREDIT09 CONTROL J- WRVE5 S—YV� K 2- CLOU10 'E"OVER d RRIN SUEISTRRTE- OA&INg w- PRODUCT, c-:z,IZE- !5' SOURCE T6 CONDITION 0 COMMENTS: PREMITORS TMING WITH TIDE 54-ar,,4t 0 ll - els 5*&wc(5 "cJ--rc1ol-14- SEE-0 QURLITY PERSONEL-A— A— E'Yc.5SEL THRER05 NIRN HOURS 'Achellsea Firms ORTE --e) SPECIES 13EFICH Go ci V) TIME VO TIDE TENIPERRTURE - RIR WRTER BERCH (n e TUBE : 1116 PREDITOR CONTROL e WINOro)/C WFIVES er, 160 -0 / ,- CLOUD R R I N tl()h C c—if 5uB5-rRRTE-,)C,Itjv PRODUCT SIZE, iom-l-a"VOURCE lei I k C, j2 0 CONDITION COMMENTS: /j, on cn�us FOULING 757 q all PREDITORS ItbS folo TIMING WITH TIDE SEED QLJRLITY .�,,oc)cl-/, PER50NEL SYSSEL THREADS MRN HOURS rs 7h 0- 6d Gnv v,-c, 0 --Tkk2i'� -N6,-.5 x-f &-7-Oq A00 /111 A5 10 6Pf �r S yP STATE OF WASHINGTON DEPARTMENT OF HEALTH. OFFICE OF FOOD SAFETY& SHELLFISH PROGRAMS 7171 Cleanwater Ln-, Bldg. 4 • PO Box 47824 + Olympia, Washington 98504-78.24 (360)236-3330 TDD Relay Services 1-800-833-6388 March 19, 2004 Linda Lentz Chelsea Farms LLC 6438 Young Road Northwest Olympia,Washington 98502 Dear Ms. Lentz: RE: Chelsea Farms LLC,WA-0676-SS Certified Harvest Site The Department of Health,Office of Food Safety and Shellfish Programs has certified the harvest site below for commercial harvest of shellfish by your company. Owner: Calvin &Janel Ison Description: E. 1260 Ballow Road Parcel Number: 22012-14-00060 Enclosed is your current Harvest Site Certificate listing all of your certified harvest sites. Please notify our office if there are any errors so we may correct them. Also enclosed is the current Application for Harvest Site Certification,required for future certification requests. If you have any questions or concerns regarding this letter,please contact Helen Seyferlich,Public Health Advisor, at(360)236-3323. Sincerely, 11 Jessie .DeLoach Manager of Licensing and Certification Enclosures