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HomeMy WebLinkAboutSHX2019-00007 Fercoq Trident Marine Aquaculture - SHX Application - 2/15/2019 ------------- a i AGENCY USE ONLY � Q J Date receiN ed: WASHINGTON STATE oUS fEngieesPs Seattle DlSlnci Joint Aquatic Resources Permit Agency reference#:ST1n ' Application (JARPA) Form',2 help] ; Tag Parcel#(s):1'�0o`l-1S`�C � USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. ------ RECO V EOL----------- FEB 15 2M Part 1—Project Identification 6515 W- Alder Street 1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) [hejp] Fercoq/Trident Marine Services Inc. Geoduck Aquaculture Part 2-Applicant The person and/or organization responsible for the project. [hop] 2a. Name (Last, First, Middle) Smith, Matt 2b. Organization (If applicable) Trident Marine Services, Inc. 2c. Mailing Address (Street or PO Box) 2851 East South Island Drive 2d. City, State, Zip Shelton, WA 98584 2e. Phone(1) 2f. Phone(2) 2g. Fax 2h. E-mail 360.701.4887 underh2ofish@aol.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(SPIF)or prepare a Biological Evaluation. Forms can be found at http:/twww.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/jarpa_jarpa form/9984/jarpa_form.aspx. For other help,contact the Governor's Office for Regulatory Innovation and Assistance at(800)917-0043 or help(d_)oria.wa.gov. ORIA-16-011 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) Amos, Meg 3b. Organization (If applicable) Marine Surveys & Assessments 3c. Mailing Address (Street or PO Box) 267 Hudson Street 3d. City, State, Zip Port Townsend, WA 98368 3e. Phone(1) 3f. Phone(2) 3g. Fax 3h. E-mail 360.385.4073 meg@marinesurveysandassessments.com 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. Lhe_pl ❑ 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) Fercoq, Anna Michelle 4b. Organization (If applicable) 4c. Mailing Address (Street or PO Box) 91 East Buffington Lane 4d. City, State, Zip Shelton, WA 98584 4e. Phone(1) 4f. Phone(2) 4g. Fax 4h. E-mail annfercoq@yahoo.com ORIA-16-011 Page 2 of 21 Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. [he a] ❑ There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) hel ] Z 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.) [hem 91 East Buffington Lane 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 [help] Mason 5e. Provide the section, township, and range for the project location. hei 1/4 Section Section Township Range 07 20N 01 W 5f. Provide the latitude and longitude of the project location. hei ] • Example: 47.03922 N lat. /-122.89142 W long. (Use decimal degrees-NAD 83) 47.237789 N lat. / -122.863463 W long. 5g. List the tax parcel number(s) for the project location. Lip] • The local county assessor's office can provide this information. 120077590023 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) hell Name Mailing Address Tax Parcel # (if known) Taylor Family Limited Partnership 130 SE Lynch Road ..............._.........._.._......................._......._........_.. ........._.__........_... .................... 120072370010 Justin & Carol Shelton, WA 98584 David L Berliner 111 E Buffington Ln .... 1200775000012 Shelton, WA 98584 ..............................................................._..............._...........................................__..................._.............._..........._.............. ..._......... ORIA-16-011 Page 3 of 21 5i. List all wetlands on or adjacent to the project location. h[ elp] According to U.S. Fish & Wildlife National Wetlands Inventory map, the site is classified as an E2AB/USN (Estuarine and Marine Wetland). 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [hem] East side of Harstine Island in Case Inlet 5k. Is any part of the project area within a 100-year floodplain? [help] M Yes ❑ No ❑ Don't know Zone AE (high risk) 51. Briefly describe the vegetation and habitat conditions on the property. hf f iM Substrate in the planting area is sand with areas of cobble. Macroalgae includes a high percent cover of Ulva (70-100%) in the upper elevations of the proposed planting area, lower levels of Ulva in the middle elevations of the proposed planting area, and one occurrence of Gracilaria (1% cover). 5M. Describe how the property is currently used. [help] The parcel is a single family residence with associated tidelands. 5n. Describe how the adjacent properties are currently used. [help] Single family residences and associated tidelands. 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. [help] 1,500 square foot single-family residence built in 1997, in fair condition, and a 720 square foot detached utility building, also built in 1997 and in fair condition. There are existing aquaculture farms on the adjacent tidelands to the north and south. 5p. Provide driving directions from the closest highway to the project location, and attach a map. Lheip] Take Highway 3 north from Shelton. Turn right on East Pickering Road. Stay left to continue on Harstine Island Bridge Road. Once on Harstine Island, turn right on East south Island Drive. Left on E Harstine Island Road N. Right on E Ballow Road. Continue straight onto E Ballow Road Exd. Turn left to stay on E Ballow Road Exd. Dead end at 91 E Buffington Lane. ORIA-16-011 Page 4 of 21 Part 6—Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. [help] Commercial geoduck aquaculture is proposed on 0.3 acres of privately owned tidelands between +2.5' MLLW and -3.5' MLLW. 6b. Describe the purpose of the project and why you want or need to perform it. [Help] The purpose of this proposal is to grow geoducks for a wholesale market. 6c. Indicate the project category. (Check all that apply) [hem] M Commercial ❑ Residential ❑ Institutional ❑ Transportation ❑ Recreational ❑ Maintenance ❑ Environmental Enhancement 6d. Indicate the major elements of your project. (Check all that apply) [help] M 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 ❑ Bridge ❑ Dredging ❑ Mining ❑ Stormwater facility ❑ Bulkhead ❑ Fence ❑ Outfall Structure ❑ Swimming Pool ❑ Buoy ❑ Ferry Terminal ❑ Piling/Dolphin ❑ Utility Line ❑ Channel Modification ❑ Fishway ❑ Raft ❑ Other: ORIA-16-011 Page 5 of 21 6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. [help] • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year floodplain. Geoduck cultivation will occur within a 130 ft x 130 ft plot (0.37 acres) on privately owned tidelands between the depths of approximately +2.5 feet MLLW to -3.5 feet MLLW. The planting area will begin approximately 135 feet seaward (northeast) of MHHW and extend out another 130 feet to -3.5' MLLW deep. The planting area will span the width of Pierce County parcel 120077590023 Seed will be brought by boat from a remote nursery location and hand planted. Mesh sleeves will be installed throughout the beach and the beach will be planted at a density of 3 geoducks/sq ft. After sleeves are planted, they will be covered with 40'x40' area nets 1/2 inch diameter to keep algal fouling to a minimum. For more details, please refer to the Specific Project Information Form for Shellfish Activities in Washington State Inland Marine Waters (pages 3-8) included with this application. 6f. What are the anticipated start and end dates for project construction? (MonthNear) [help] • If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage. Start Date: Spring 2019 End Date: On going. ❑ See JARPA Attachment D 6g. Fair market value of the project, including materials, labor, machine rentals, etc. h[ elp] $75,000.00 6h. Will any portion of the project receive federal funding? [r,eip] • If yes, list each agency providing funds. Yes Z 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.) [help] 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. hell ❑ Not applicable See Part 8 below. ORIA-16-011 Page 6 of 21 7b. Will the project impact wetlands? [help] ❑ Yes ❑ No ❑ Don't know 7c. Will the project impact wetland buffers? [help] ❑ Yes ❑ No ❑ Don't know 7d. Has a wetland delineation report been prepared? [ham] • 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? [help] • 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? [help] • 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. ❑ Yes ❑ No ❑ Don't know 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [help] 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. [help] 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) ORIA-16-011 Page 7 of 21 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. z Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. '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: 7L 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. [help] 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. [rieip] 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.) [help] ❑ 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. n[ eM ❑ Not applicable The following "Best Management Practices (BMPs)" will be adhered to: Prevention of operational waste from entering and accumulating in the environment: • Secure of equipment and gear properly to prevent dislodging in adverse weather conditions; • Monitor equipment regularly to ensure it is well secured and in sound condition; • Mark equipment and gear with company name and contact information; • Monitor the area and the adjacent shoreline monthly to retrieve aquaculture debris and dispose and recycle properly. Maintenance activities will not involve vegetation removal, placement of fill, release of chemicals/environmental contaminants, or earth moving in the proposed project area. Nighttime light generation will be minimized. ORIA-16-011 Page 8 of 21 The primary impact avoidance measure for this project is site selection, based on the notable absence of eelgrass and kelp at the project site and surrounding area. (See habitat survey report). Additional avoidance measures include: • Plastic seed trays are stored in an off-site sink float that covers 1/3 the surface area that trays on the beach would cover. Storing seed trays directly on a potential farm site can cause substrate beneath them to go anoxic and using a sink float prevents these impacts to substrate. • Avoid extraction harvest between November and February for surf smelt. If harvest must take place during the spawning window, avoid rising tides and high tides; extract during falling tides and with water levels below +5 feet MLLW. • Avoid accessing the site from the upland areas between November and February. 8b. Will your project impact a waterbody or the area around a waterbody? [hhl ] ® Yes ❑ No 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? [help] • 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 ❑ Don't know No mitigation plan has been prepared. If the agencies require this upon review, a plan will be designed. 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. [help] Does not apply at this time. 8e. Summarize impact(s) to each waterbody in the table below. [help] 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 removed waterbody from waterbody directly affected Mesh sleeves and Case Inlet In-water On going 3 geoducks per square 0.37 Acres mesh net. foot. ORIA-16-011 Page 9 021 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. s 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. [heir] No fill, just flexible plastic mesh sleeves 2.5 inches in diameter and 13 inches long will be placed in the substrate. The mesh sleeves will be placed on 10" centers. 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. [help] Does not apply. 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. [help] Agency Name Contact Name Phone Most Recent Date of Contact Mason County Kell Rowen 360.427.9670 ext. 286 September 2018 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this DARPA on the Washington Department of Ecology's 303(d) List? [help] • If Yes, list the parameter(s) below. • If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at: http:llwww.ecy.wa.gov/programs/wq/303d1. ® Yes ❑ No ORIA-16-011 Page 10 of 21 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help] • Go to http://cfpub.epa.gov/surf/locatefindex.cfm to help identify the HUC. 17 9d. What Water Resource Inventory Area Number (WRIA #) is the project in? [help] • Go to http://www.ecy.wa.govtwater/wria/index.htmi to find the WRIA#. WRIA# 14 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [help] • Go to http://www.ecy.wa.gov/programs/wq/swgs/criteria.htmi 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? [help] • If you don't know, contact the local planning department. • For more information, go to: http://wwwecy.wa.gov/programs/sea/sma/laws rules/173-26/211 designations.html. ❑ Urban ❑ Natural ❑ Aquatic M Conservancy ❑ Other: 9g. What is the Washington Department of Natural Resources Water Type? [help] • Gotohttp://www.dnr.wa.gov/forest-practices-water-typin 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? [hejp] • If No, provide the name of the manual your project is designed to meet. ❑ Yes ❑ No X Not applicable Name of manual: 9L Does the project site have known contaminated sediment? [help] • If Yes, please describe below. ❑ Yes M No 9j. If you know what the property was used for in the past, describe below. [help] ORIA-16-011 Page 11 of 21 Single-family residence with tidelands. According to DNR mapping, these tidelands are not Bush-Callow lands. 9k. Has a cultural resource (archaeological) survey been performed on the project area? [neip] • If Yes, attach it to your JARPA package. ❑ Yes ❑ No X Unknown 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. [heip] According to an IPaC query, the following species are potentially affected by activities in/near the project area: North Amermican Wolverine (Gulo gulo /uscus) proposed threatened; Olympia Pocket Gopher (Thomomys mazama pugetensis) threatened; Tenino Pocket Gopher (Thomomys mazama tumuli) threatened; Yelm Pocket Gopher (Thomomys mazama yelmensis) threatened; Marbled Murrelet (Brachyramphus marmoratus) threatened; Streaked Horned Lark (Eremophila alpestris strigata) threatened; Yellow-billed Cuckoo (Coccyzus americanus) threatened and Bull Trout (Salvelinus confluents) threatened. 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. h[ eM According to a PHS query, the following species and habitats may be affected by activities in/near the project area: Estuarine and Marine wetlands — aquatic habitat; Geoduck— presence; Pacific Sandlance (Ammodytes hexapterus) —forage fish spawning area and Residential Coastal Cutthroat (Oncorhynchus clarki) — occurrence migration. ORIA-16-011 Page 12 of 21 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 help@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.) [help] • 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. N A SEPA determination is pending with Mason County (lead agency). The expected decision date is February 2019 ❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 1 0b.) [help] ❑ This project is exempt (choose type of exemption below). ❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ❑ Other: ❑ SEPA is pre-empted by federal law. 10b. Indicate the permits you are applying for. (Check all that apply.) [help] LOCAL GOVERNMENT Local Government Shoreline permits: ❑ Substantial Development N Conditional Use ❑ Variance ❑ Shoreline Exemption Type (explain): 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 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: N Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): N Section 404 (discharges into waters of the U.S.) N Section 10 (work in navigable waters) United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non-bridge projects) ORIA-16-011 Page 13 of 21 Part 11 — Tribal Interests Grower's Notice of Intent to Create a New Aritificial Shellfish Bed or to Enhance an Existing Natural Shellfish Bed Under Section 6.3 of the Revised Shellfish Implementation Plan PLEASE MAIL THIS NOTICE TO THE TRIBES LISTED ON PAGE 4 YOU MAYALSO RETURN THIS NOTICE TO DOH OR WDFW, WHICH WILL FORWARD IT TO THE TRIBES FOR YOU Grower Name: Matt Smith Date:1/10/2019 Name of company: Trident Marine Services Inc. Address: 2851 E. South Island Dr. Shelton Wa E-mail Address:undrh2ofish@aol.com 98584 Phone/fax numbers:360-701-4887 Location of shellfish bed proposed for cultivation—Tax parcel number(s)&water body(ies): Mason County/Parcel # 120077590023/ Case Inlet County: Name of owner of parcel(s) and contact information: Anna Fercoq (210) 387-5913 Date that you plan to begin cultivation of shellfish Shellfish species proposed for cultivation: on parcel(s): (this date must be at least 60 days Geoduck after Tribe's receipt of this notice): Spring 2019 April-May Has this parcel ever been harvested commercially Has this parcel ever been cultivated for any for any species of shellfish? species of shellfish? Yes No X_ Yes No X If yes, please provide details on next page If yes, please provide details on next page (optional) (optional) Is parcel certified for shellfish harvest by the Is parcel covered by an Emerging Commercial Department of Health (or has it been in the past)? Fishery License/Permit or Aquatic Farm Registration issued by WDFW (or has it been Yes No X_ in the past)? Yes No X If yes, please provide cert. # If yes, please provide license/permit# or AFR# ORIA-16-011 Page 14 of 21 Please summarize the history of shellfish harvest and/or enhancement on the parcel(s)proposed for cultivation, including for(1)Manila Clams, (2)Native Littleneck Clams, (3)Pacific Oysters, and(4) Geoduck, including the nature and quantity of the harvest and/or enhancement, when the harvest and/or enhancement occurred, and who conducted the harvest and/or enhancement. (Attach additional pages if necessary. You may also attach records of harvest and/or enhancement.) No harvest or cultivation on this parcel for any species of shellfish in past. In what"Area" is the parcel proposed for shellfish cultivation located? _1 Area 1 =all waters of southern Puget Sound west of a line drawn from Johnson's Point to Devil's Head Area 2=all waters of Puget Sound south of the Tacoma Narrows Bridge to the line drawn from Johnson's Point and Devil's Head Area 3=all waters of Hood Canal south of the Hood Canal Bridge Area 4=all remaining waters east of the west end of the Strait of Juan de Fuca not included within Areas 1,2,or 3. Does the parcel proposed for shellfish cultivation contain (or has it previously contained) a density of mature, marketable Manila Clams,Native Littleneck Clams, Pacific Oysters, or Geoduck, greater than or equal to the density set forth in the table below? Yes No Area 1 Area 2 Area 3 Area 4 Manila 0.14 lbs./sq. ft. 0.10 lbs./sq. ft. 0.11 lbs./sq. ft. 0.07 lbs./sq. ft. Clams Native 0.141bs./sq. ft. 0.10 lbs./sq. ft. 0.11 lbs./sq. ft. 0.07 lbs./sq. ft. Littleneck Clams Pacific 0.33 oyster/sq. ft. 0.33 oyster/sq. ft. 0.33 oyster/sq. ft. 0.33 oyster/sq. ft. Oysters Geoduck 0.01 ducks/sq. ft. 0.01 ducks/sq. ft. 0.01 ducks/sq. ft. 0.01 ducks/sq. ft. ** ** ** ** * This density applies currently only to the waters of Hood Canal south of a line drawn from Olele Point to Foulweather Bluff,but a tribe may seek application of this density to other waters. ** The Consent Decree and Settlement Agreement for Geoduck provides that the density of an intertidal area proposed for geoduck cultivation shall be established by an initial harvest of the entire wild geoduck stock in the area,under an agreement between the Grower and affected treaty Tribes. ORIA-16-011 Page 15 of 21 If yes, what species If yes, for each species, please provide your estimates as to the density and overall quantity of mature, marketable shellfish that is (or was) present on the bed, explain the basis for your estimates, and attach any survey data. If no, for each species, please explain the basis for your density estimates, and attach any survey data. Please see attached biological survey with transects and data performed by MSA during summer, 2018. Matt Smith 1/10/2019 Signature Date PLEASE MAIL THIS NOTICE TO THE TRIBES LISTED BELOW FOR THE COUNTY WHERE YOUR PARCEL IS LOCATED Kitsap County Island County San Juan County Jamestown S'Klallam Jamestown S'Klallam Jamestown S'Klallam Lower Elwha Klallam Lower Elwha Klallam Lower Elwha Klallam Lummi Nation Lummi Nation Lummi Nation Muckleshoot Port Gamble S'Klallam Port Gamble S'Klallam Nisqually Stillaguamish Suquamish Port Gamble S'Klallam Suquamish Swinomish Puyallup Swinomish Tulalip Skokomish Tulalip Suquamish Upper Skagit Tulalip ORIA-16-011 Page 16 of 21 Skagit County Snohomish County Whatcom County Lummi Nation Stillaguamish Lummi Nation Stillaguamish Suquamish Suquamish Suquamish Swinomish Swinomish Swinomish Tulalip Tulalip Tulalip Upper Skagit Upper Skagit Upper Skagit Clallam County Jefferson County Mason County Jamestown S'Klallam Jamestown S'Klallam Jamestown S'Klallam Lower Elwha Klallam Lower Elwha Klallam Port Gamble S'Klallam Makah Port Gamble S'Klallam Skokomish Port Gamble S'Klallam Skokomish Squaxin Island Suquamish Suquamish Suquamish Pierce County King County Thurston County Muckleshoot Muckleshoot Nisqually Nisqually Puyallup Squaxin Island Puyallup Suquamish Squaxin Island Tulalip SEE PAGE S FOR TRIBAL ADDRESSES YOU MAYALSO RETURN THIS NOTICE TO DOH OR WDFW, WHICH WILL FORWARD IT TO THE TRIBES FOR YOU Jamestown S'Klallam Tribe Nooksack Tribe Stillaguamish Tribe Attn: Shellfish Program Attn: Shellfish Program Attn: Shellfish Program 1033 Old Blyn Hwy PO Box 157 PO Box 277 Sequim, WA 98382 Deming,WA 98244 Arlington, WA 98223 Lower Elwha Klallam Tribe Port Gamble S'Klallam Suquamish Tribe Attn: Shellfish Program Tribe Attn: Shellfish Program 51 Hatchery Road Attn: Shellfish Program PO Box 498 Port Angeles, WA 98363 31912 Little Boston Road NE 18490 Suquamish Way Kingston, WA 98346 Suquamish, WA 98392 Lummi Nation Puyallup Tribe Swinomish Indian Tribal Attn: Shellfish Program Attn: Shellfish Program Community 2616 Kwina Road 6824 Pioneer Way West Attn: Shellfish Program Bellingham, WA 98226 Puyallup, WA 98371 11404 Moorage Way LaConner, WA 98257 Makah Tribe Sauk-Suiattle Tribe Tulalip Tribes Attn: Shellfish Program Attn: Shellfish Program Attn: Shellfish Program P.O. Box 115 5318 Chief Brown Lane 6406 Marine Dr. Neah Bay, WA 98357 Darrington, WA 98241 Tulalip, WA 98271 ORIA-16-011 Page 17 of 21 Muckleshoot Tribe Skokomish Tribe Upper Skagit Tribe Fisheries Division Attn: Shellfish Program Attn: Shellfish Program Attn: Shellfish Program North 541 Tribal Center Road 25944 Community Plaza Way 39015 172nd Avenue SE Skokomish Nation, WA Sedro Woolley, WA 98284 Auburn, WA 98092 98584 Nisqually Tribe Squaxin Island Tribe Attn: Shellfish Program Attn: Shellfish Program 12501 Yelm Highway SE P.O. Box 3 Olympia, WA 98513 2952 SE Old Olympic Hwy. Shelton, WA 98584 ORIA-16-011 Page 18 of 21 ADDITIONAL INFORMATION REGARDING SECTION 6.3 OF THE REVISED SHELLFISH IMPLEMENTATION PLAN The Revised Shellfish Implementation Plan requires that you provide the information included in this form to the Tribes prior to your cultivation activities so that you and the Tribes may resolve any questions regarding the Tribes' treaty rights on your tidelands, and so that there will be no future dispute as to whether(or what portion of)the shellfish on your tidelands are naturally-occurring or cultivated. If you state your belief that the parcel proposed for cultivation does not contain the minimum density of Manila Clams, Native Littleneck Clams, or Pacific Oysters (i.e., does not contain a natural bed of any of those species), and if the Tribes dispute your belief,the Tribes must notify you within 30 days of receiving this notice. After the Tribes provide you such notice, the Tribes may survey the shellfish populations on the parcel upon 14 days notice. You have the right to be present for any tribal survey, and you may also conduct your own survey. If the survey(s) and any relevant evidence of commercial harvest activity confirms your belief that the parcel does not contain a natural shellfish bed (or if the Tribes do not dispute your belief), then the Tribes are entitled to no share of the shellfish on your tidelands. If you state your belief that the minimum density of any species is present, or if following the survey(s) and review of any relevant evidence of commercial harvest activity, a natural bed is determined to be present, then you and the affected Tribes are required to develop a harvest plan that provides the Tribes up to a 50% share of the naturally-occurring shellfish on a continuing basis. The Tribes are not entitled to any share of the increase in shellfish production on the parcel that results from your cultivation activities. Unless you agree otherwise, the terms of the harvest plan are controlled by the Revised Shellfish Implementation Plan and Consent Decree and Settlement Agreement for Manila Clams,Native Littleneck Clams, and Pacific Oysters. For geoduck, whether a natural bed is present is determined by an initial harvest of the standing stock under an agreement between you and the affected Tribes, as provided by the Consent Decree and Settlement Agreement for Geoduck. You may contact the Tribes at the addresses above with any questions or concerns or to receive a sample harvest plan. The Revised Shellfish Implementation Plan, and the Consent Decrees and Settlement Agreements for Manila Clams, Native Littleneck Clams, Pacific Oysters, and Geoduck, are available at http://www.squaxinisland.org/government/departments/legal/shellfish/ The State and the Tribes have also jointly developed a pamphlet, Commercial Shellfish Harvesting and Cultivating on Private Lands, A Summary of State Re ug latory Requirements and Indian Treaty Harvest Rights, with further information. The pamphlet is available at: The Washington Department of Health Help Desk The Washington Department of Fish and Wildlife Help Desk The Northwest Indian Fisheries Commission http://wdfw.wa.gov/fishing/commercial/ http://wdfw.wa.gov/licensing/commercial/ http://www.doh.wa.gov/ehp/sf/commercial.htm ORIA-16-011 Page 19 of 21 SQU X114 ISLAND TRIBE WM T1dda�!�Sesstic�at hrc. AM Smigh WWW Dr SENT%IA ELECTRONK7 NAIL ON 14 VJ019 Rt: !lucrax lrtrrr rr C�rRaaw aiJfler /ram*Arr 1w MO: The Sgwwwiw b wwdTnbt p ak ap poactatlet yang soiree Win dtbod V W19. wp WM yaw bWO lommite m mi6cnl bed of taodmt i'ei"t awt scale tw-)on *dam&bmw bm FW64,1m pwad ad w t-MV759OD l lus k w fu pmh to ww :taeKv,O*i&i6QWftWOWW 1663 of the S'hdifwh 1rnpkwwaa tua Mar 4Altrtt A. -14XC L m4 by dw Wit tttwtt dwrity aoltlwloo aprre warm Yaw kaw istir tm tlepp d(#Ocduw-L r wl"w tbt mmanuesdettsaft tlte4 OmM Sir mdt voctr s i Le ,A I gmm*"per sq.R- A 14 ttr .lnta pes w.lk,ant . . aysm piv jq.R-) The tnbc apm wi*ym do w■IwtSm dart dme speies JD asat wee t"dwaaay 601dtoU" +$a go*a sw A ph"Wo ms OWN Aar mm tt k.the Tribe hm sselejteti ew!r tRt adf vWm ar admoomamt mmv tits +lataeiirrr�iw yw.r wtweic9e. Pieewe i+e ad+r itaed lewwte.wr.tltrat#tit dtMmiwwtitaww a�aw�1j iws pradrd,and dw d yas MWW to cute wtse eae wdttow asy alter$pan sot Lwd it ym aaattrlx,you w�i twed to aaeEr lfaa Trbe adawa lnttisr�63 arTtRt ieipienrenittrrm!'!♦e adyapr mfttaum todo w .1lsa,dw Tn bt tmw vrs A oC t%:a**wWw ditty Teatly asd fedoral tarsst awieer_ TUA you wm cru.:h bs wur�ooperatsm ra tltrx sarttt m,and feral little secuo tcs wor a Ob awgr questhms you arias bile Saeaeeel�r, Raw*"" S>rn L*bhtd Tie S1aov"RhAtvwt ;fiQ•�1 T'�Ztt 1ta Rbara an za sy usua ut w�wd lbomwe"Dspwtnw* • 31 10&L Old ooywtpfit: owst. • skebm VIMR Saw PhWa CMO) 426-gMl • lttt t340 41i-3lnt ORIA-16-011 Page 20 of 21 Part 12—Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. i 11 a. 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, 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 to this application. (initial) By initialing here, I state that I have the authority to grant access o the property. I also give my consent to the permitting agencies entering the property where the pr ' ct is locato to inspect the project site or any work related to the project. (initial) Applicant Printed Name Applicant Sig na ure Date 11 b. 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 o the roposed activffies and I agree to start work only after all necessary permits have been issued. Marine Surveys&Assessments (Meg Amos) Authorized Agent Printed Name Authorized A ent gnature Date 11 c. Property Owner Signature (if not applicant)[ Not required if project is on existing rights-of-way or easements (provide copy of easement with JARPA). I consent to the perr^-—_ =_-__ =_ e -� the = �where the project is located to inspect the project site or any work.These ir:sze_=J=-= _-_ __:_ :_ ___-__ e Manes and,if practical,wvith prior notice to the landowner. T tamer ;' JP tz 18 U-&C§1001 provides that Whoever-is asgsowmrri i ttyepaisdcon of any deparrnevtara11110MVof 1W ?kam� VENAMPIA Udsifies,conceals,or covers up by any try sti erne.sr diewme a a+aI i3i fact or makes repnmwr a5ons or makes or uses any false wnbW or document kmm ing same to contain arty false. . --r entry,shag be fined not more than$10,000 or Knprisorred not more than 5 years or both. 'OR,A_publ,cat,on fyourequire this documen��ca at.contact the Governor'sOfficefor Regulatory Innovation and Assistance(ORIA)at(800)17-0043. People wihea 711 for Washington Relay Service.People with a speech disability can call(877)833-6341.number: .07120,7 6• yx x ISO 41� B SURD (360) 385-4073 267 Hudson Street marine.surveys.inc@gmail.com Port Townsend WA 98368 RECEIVED �SSE SSM�� MAR 1 1 2019 615 W. Alder Street March 7, 2019 Mason County Community Services Department ATTN: Nicole Norris 615 W Alder St. (Building 8) Shelton,WA 98584 Hello Nicole, Please find enclosed,the additional application materials requested for the Fercoq/Trident Marine Services, Inc. geoduck aquaculture proposal located at 91 East Buffington Lane, Shelton 98584, Mason County parcel #12007-75-90023. The enclosed documents include: • Shoreline Permit application, • Addressed envelopes for noticing, • And updated figure set with corrected site plan (please disregard the site plan originally submitted). Please let me know if you have any questions. Sincere re rds, V 4 Meg Amos gt� , SU'� (360) 385-4073 N 267 Hudson Street marine.surveys.inc@gmail.com Port Townsend WA 98368 �SSESSM�� �S- February 11, 2019 �i! JOY aer Mason County Community Services Department ATTN: Permit Assistance Center 615 W Alder St. (Building 8) Shelton,WA 98584 Hello, Please find enclosed,application materials for the Fercoq/Trident Marine Services, Inc.geoduck aquaculture proposal located at 91 East Buffington Lane, Shelton 98584, Mason County parcel#12007-75-90023.A fee check will be following this submittal. The enclosed documents include: • JARPA Application • SEPA Environmental Checklist • Conditional Use Application • SPIF with HMP Addendum • Associated Figures Please let me know if you will require additional information at this time to consider this a complete application. Sincere r ar s, M g Amos 1 Site Plan Trident MarineAquaculture Legend 91 E. Buffington Ln. County Parcels Shelton WA 98584 Habitat Survey Results Q Project Parcel Survey Data.08,1012018 ` - - j Proposed Planting Area(0.32 acres Map Date:11M2018 N Planting Area 15 ft Buffer -►Habitat Survey Transects -'Est.Contours(ft MLLW) e 1%Gracilaria Existing Aquaculture Gear 47-237M -122.863513 1 47.237911 -122.863379 1 Light Ulva S• • Heavy Ulva(70-100%cover) �a 0 25 200 Feet wrote Laver Cretr - - _ - >-GRID.IGN.and Bre GIS User C--ty referenced for en9rreern9 Pure ses CORPS REFERENCE#: PARCEL ID/OWNER: PROPOSED PROJECT: APPLICANT:Trident Marine Services, 120077590023 Geoduck Aquaculture on private Inc.(Matt Smith) Anna Michelle Fercoq tidelands. 2851 E South Island Drive,Shelton 98584 ADJACENT PROPERTY OWNERS: SITE ADDRESS: SHEET 2 of 3 Parcel ID: 120072370010 91 East Buffington Lane DATE:3/5/2019 Taylor Family Limited Partnership Shelton,98584 Justin and Carol Parcel ID: 1200775000012 IN:Case Inlet TIDAL DATUM:8.MLLW David L.Berliner COUNTY:Mason Elevation Profile of Site and A uaculture Area w. fH; neaa0on Profile ss Mtww ---------- Sbrtd ._ 7Anw PlantinaNea 025 MUM 1-2 5'MLLW) 10 5 d O 5o 1w 250 Zoo 250 300 350 Distance in Feet from Southwest to Northeast CORPS REFERENCE#: PARCELID/OWNER PROPOSED PROJECT: APPLICANT:Trident Marine Services, 120077590023 Geoduck Aquaculture on private Inc.(Matt Smith) Alma Michelle Fercoq tidelands. 2851 E South Island Drive,Shelton 99584 ADJACENT PROPERTY OWNERS: SITE ADDRESS: SHEET 3 of 3 Parcel ID: 120072370010 91 East Buffmgton Lane DATE:3/5/2019 Taylor Family Limited Partnership Shelton,98584 Justin and Carol Parcel ID: 1200775000012 IN:Case Inlet TIDAL DATUM:&MLLW David L.Berliner COUNTY:Mason Vicinity Map 122'52'0'W 122'48'0'W \ , t Trident Marine Aquaculture V 91 E. Buffington Ln. Shelton WA 98584 Habitat Survey Results eagle 'M; Survey Date:0811012018 ? Map Date:9/4/2018 N Kent F*] Olympiaf ` i � 1 Herron so ant w .. a 35 -al r 114C;V.1 KEN >� ! 4_ f Ballow Site Location Sal ^. 0 T, ` f Miles S ,f ri.'TiE o do �1.25 2.5 5 T N. ri 300pa �. 122"58'0-W 122'52'0-W 122`48'0'W CORPS REFERENCE#: PARCEL ID/OWNER: PROPOSED PROJECT: APPLICANT:Trident Marine Services, 120077590023 Geoduck Aquacuhure on private Inc.(Matt Smith) Anna Michelle Fercoq tidelands. 2851 E South Island Drive,Shelton 98584 ADJACENT PROPERTY OWNERS: SITE ADDRESS: SHEET 1 of 3 Parcel ID: 120072370010 91 East Buffmgton Lane DATE:3/5/2019 Taylor Family Limited Partnership Shelton,98584 Justin and Carol Parcel ID: 1200775000012 IN:Case Inlet TIDAL DATUM:It.MLLW David L.Berliner COUNTY:Mason Trident Marine Services Inc. Geoduck Aquaculture Project September 10, 2018 Specific Project Information Form for Shellfish Activities in Washington State Inland Marine Waters Version: September 2016 Prepared for: Trident Marine Services Inc. 2851 East South Island Drive Shelton, WA 98584 Site Address: 91 E. Buffington Ln. Shelton, WA 98584 � , E s ss �� Essm MARINE SURVEYS 6t ASSESSMENTS 267 Hudson Street Port Townsend WA 98368 (360) 385-4073 marine.surveys.inc@gmail.com U.S. Army Corps of Engineers—Seattle District Programmatic Endangered Species Act(ESA) and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation Specific Project Information Form for Shellfish Activities in Washington State Inland Marine Waters Version: September 2016 Eligibility for Programmatic Consultation -to be filled out by Corps This application: meets all of the requirements of this programmatic consultation does not meet all of the requirements of this programmatic consultation If this application does not meet all of the requirements of this programmatic,the Corps may require a biological assessment be prepared or may use this form to constitute a reference biological evaluation in association with: NMF S i reference: ESA Section 7 Formal Biological Programmatic Biological Opinion and MSA Essential Fish Habitat Consultation for Shellfish Activities in Washington State, dated September 2, 2016 (WCR-2014-1502) and Revised Incidental Take Statement(ITS) and Biological Opinion Errata, dated September 30, 2016. USFW S2 reference:ESA Section 7 Formal Biological Opinion for Programmatic Consultation for Shellfish Activities in Washington State Inland Marine Waters, dated August 26, 2016 (01EWFW00-2016-F-0121) 1. Programmatic Activity: Shellfish Activities in Washington State Inland Marine Waters. 2. Action Area: This programmatic covers specific shellfish activities between the tidal elevations of mean higher high water (MHHW) and-70 ft. mean lower low water(MLLW)in Willapa Bay, Grays Harbor, Puget Sound, Hood Canal, and the Straits of Juan de Fuca and Georgia excluding the specific areas listed below: 1. all areas within 0.25 miles of snowy plover ESA designated foraging or nesting habitat, including but not limited to Leadbetter Point in Pacific County and Copalis Spit in Grays Harbor County 2. all areas within 200 ft. of any critical habitat for bird, land mammal, insect, or plant as either designated or proposed under the ESA(e.g., Taylor's checkerspot butterfly habitat, streaked horn lark habitat). 3. Drawings and Photographs: Drawings and photographs must be submitted Drawings must include a vicinity map; and plan, profile, and cross-section drawings of the proposed activities and structures; and over- and in-water structures on adjacent properties. One sheet must show(1)the boundaries of the project area(area of ownership/lease)with latitude and longitude coordinates for each corner of the project area(see appendix A for directions on establishing the latitude and longitude), (2)the name(s) of the cultivated species and cultivation methodology(s), and(3)where any canopy predator nets are being used. Also, include the acreage of the project area and acreage of the actual shellfish area and show the area(s)within the project area where specific shellfish activities would occur and area(s)where shellfish activities would not occur. The tidal elevations where shellfish activities would occur should also be shown. (For assistance with the preparation of the drawings, please refer to our Drawing Checklist located on our website at www.nws.usace.anny.mil Select Regulatory—Regulatory/Permits—Forms.) Include photographs showing the entire project area, including the shoreline, current overwater structures, and location of the proposed project. The photographs should be taken at ground level and at low tide and should show a panoramic view of the entire project area in the dry. t National Marine Fisheries Service U.S.Fish and Wildlife Service 2 f Photographs should clearly show the presence or absence of vegetation and the substrate composition. Close up photographs of the substrate and/or vegetation should be included if there are any areas of particular interest. To most accurately reflect vegetation distribution, photos should be taken at low tide during June 1 through September 30. Figure 1. Trident Harstine Island Aquaculture Site Vicinity Map............................................................................................. 13 Figure 2. Site Plan,Cultivation Area, and Habitat Survey Results............................................................................................ 14 Figure 3. Department of Ecology Shoreline Photo(6/27/2016)................................................................................................. 15 Figure 4. Elevation Profile of Site and Aquaculture Area.......................................................................................................... 15 Figure 5. WDFW Forage Fish Spawning Survey Data.............................................................................................................. 16 Figure 6. Upper intertidal substrate............................................................................................................................................ 17 Figure 7.Aquaculture Area Substrate ........................................................................................................................................ 17 4. Date: 11/26/2018 5. Corps Reference#: 6. Applicant name: Trident Marine Services Inc.-Matt Smith Mailing address: 2851 East South Island Dr., Shelton, WA 98584 Phone: (360) 7014887 Email: undrh2ofishkaol.com 7. Authorized agent name: Marine Surveys& Assessments-Meg Amos Mailing address: 267 Hudson St., Port Townsend, WA 98368 Phone: (360) 385-4073 Email: marine.surveys.inc@,gmail.com 8. Shellfish grower name(if different from applicant): same as applicant Mailing address: Phone: Email: 9. Location where proposed work will occur: Address(street address,city,and county): 91 E. Buffington Ln. Shelton WA 98584 Waterbody: East side of Harstine Island in Case Inlet '/4 Section: Section: 7 Township: 20 N Range: 1 W Latitude: 47.237789 Longitude: -122.863463 Tidal elevation: +2.5' MLLW to-3.5' MLLW 10. Description of Work: Describe in detail what is being installed(e.g. shellfish species/structures). Include cultivation area/dimensions and materials being used. Describe cultivation,maintenance and harvest methods for each species. If using nets,provide description,including mesh size,length of time installed, and acreage of coverage. Describe any fill material being placed(e.g.,gravel or shell material). Describe use of any nursery/grow-out structures. Attach additional pages as necessary. Project Summary: Geoduck aquaculture is proposed on 0.3 acres of privately owned tidelands between+2.5' MLLW and -3.5' MLLW. Cultivation Area and Acreage: Cultivation will occur within a 130 ft x 130 ft plot(0.37 acres)on privately owned tidelands between the depths of 4pproximately +2.5 feet MLLW to-3.5 feet MLLW. The planting area will begin approximately 135 feet seaward (northeast)of MHHW and extend out another 130 feet to -3.5' MLLW deep. The planting area will span the width of Pierce County parcel 120077590023 (Figure 2). Site Preparation: 3 Support Structures/Staging Area: Trident Marine Services(TMS)does not intend to construct or install any support structures such as piers,boat launches,bank stabilization,etc on the aquatic farm's tidelands or associated uplands. No aquatic farm support structures, such as storage sheds,will be constructed in the uplands above the project site. All necessary support structures and facilities already exist at the company owner's residence. The uplands above the project tidelands are accessible by road, and equipped with power but will not likely be used during planting,maintenance,or harvest. Any increase in activity,over existing use, at the residence or uplands is expected to be null or minimal. Site Preparation: The beach requires no site preparation prior to planting beyond raking excessive amounts of loose Ova away from the immediate area to be planted. Over time,incoming tides will redistribute the Ulva across the planted area. There will be no redirection of beach seepage of upland runoff. No native materials will be removed from the aquatic farm. Planting Summary: Seed will be brought by boat from remote nursery location and hand planted. Mesh sleeves will be installed throughout the beach and the beach will be planted at a density of 3 geoducks/sq ft. After sleeves are planted,they will be covered with 40'x40' area nets 1/2 inch diameter to keep algal fouling to a minimum. Planting Details: Strategy: The goal of the planting process is to maximize seed survival so that a particular beach doesn't need to be re- planted,thus requiring more costs, such as seed,labor and supplies and presence on the beach. Beaches that have sandy substrate can be dive-planted so that the seed dig in on their own. Beaches with gravelly substrate may require finger- poking because the seed often have trouble establishing themselves,especially if they are small. Desirable seed for dive planting from the hatchery is 6-12 mm shell length, so that the seed does not need nurserying and can be directly planted. This ensures that the seed can dig down deep enough to avoid harsh environmental conditions and for predator refuge. In the past geoduck seed large enough to plant directly was either cost prohibitive or not available at all. In response to geoduck farmers' needs,hatcheries have shifted their production to include nurserving seed so that they can supply the industry with larger seed that stands a better chance for survival. Methodology: 1) Site preparation: In order to prepare a site for planting, loose drift algae(mostly Ova)will be raked awav from the immediate planting area. This ensures that no algae is trapped inside mesh sleeves,where it will decay and make the immediate substrate anoxic,killing anything within the sleeve. The algae that is raked to the side of the planting area will be redistributed across the beach with successive tidal flux.No native materials will be removed from any proposed fann site. 2) Seed Handling: TMS can obtain seed from the following sources: 1. Taylor United hatchery,Quilcene WA; 2. Island Scallop hatchery,Nanaimo BC;3. Seaproducks hatchery,Lummi Isl;WA, and 4. Lummi Shellfish hatchery, Bellingham WA. In the event that large seed is not available from any of the above hatcheries, some nurserying may be necessary in order to attain the desired planting size with smaller seed. In that event, the seed will be placed in plastic trays (22xl4x6 inches), filled with 4-5 inches of coarse,washed sand(0.55 to 0.65 mm). The trays are placed in an existing off-site sink float. The float will be anchored seasonally at the TMS Inc. property on the eastern shore of Harstine Island. The float is temporarily anchored with boat anchors in approximately the same location each time (Lat 47.278735;Long -122.868404), at a tidal elevation of approximately -14.0 MLLW). At -4.0' tide,there will be approximately three feet of water under the float. At an extreme high tide,there will be approximately 23 feet under the float. There is no eelgrass or macroalgae present in the area where the sink float is anchored or any communities of benthic organisms. The sink float is 20x14x7 feet and is made from an aluminum frame with small mesh plastic sides(approximately 1.5 inch openings)to keep out fish,birds and mammals,but allow good circulation through the float with tidal exchanges. The top of the float is the only entrance in to it and it is closed with flush sealing bay doors when not being accessed for seed, so that no animals can get in to the float. There are securely fastened plastic shelves inside the float,giving it 4 different vertical levels of storage. The said float holds approximately 192 trays at full capacity, which is 192,000 seed at a density of 1000 seed/tray. It is checked on a weekly basis to ensure everything is 4 functioninga_s_designed. The float is sealed with plywood decking that encloses the sealed foam billets as a best management practice. The sink float is a very good concept,because seed can be stored until ready to use off the bottom,where food and water flow is much better than on the beach. In addition,the plastic seed trays are stored in a 3-dimensional area versus covering 3 times the surface area on a potential farm site and causing the sand beneath them to&o anoxic. The impacts of the existing sink float on the listed species and critical habitat are minimal. There is approximately three feet of water under the sink float at a-4.0' tide.Therefore,there will be no impacts to the sand substrate. There is no celgrass or macroalgae present,which could be shaded by the structure.In addition,the structure is only present during the summer.No fish species can be trapped inside the float. It is important to note using a sink float is a last resort only when lar eg_enough seed to plant directly cannot be obtained from a given hatchery. Eliminating the use of a sink float is optimal,and decreases overall costs and seed lost through the nursery process. With the shift in hatchM production of much larger and directly plantable geoduck seed,TMS Inc. is very optimistic that this change will make the use of a sink float or other nursery technique for geoduck aquaculture obsolete. 3) Sleeve Placement(and Removal): To protect geoduck seed until they can burrow deep enough to avoid predators and escape environmental events like extreme heat,flexible plastic mesh sleeves 2.5 inches in diameter and 13 inches long are placed in the substrate. The mesh sleeves are placed on 10"centers. Mesh sleeves with 2 seed per sleeve will result in an overall site density of 3 geoducksper square foot. A routine of monitoring beaches for loose sleeves is employed by TMS Inc. every time the beach is visited. The sleeves are individually labeled with TMS INC 360-701-4887 on plastic ties. The mesh sleeves are removed from the substrate after 2 years,as the juvenile clams have had adequate time to burrow into the substrate for protection against predators or environmental threats. 4) Planting. The geoduck seed will be planted into the mesh sleeves by hand.Area nets(typically 40'x40')can be placed over the top of the mesh sleeves if the farm site is exposed to extreme wind,waves or current to ensure that any sleeves dislodged remain on the farm site. 2,500 mesh sleeves per da_y can be installed and planted. The amount of time required to plant 1 acre of mesh sleeves would be about 20 days of effort per acre. Installing and planting mesh sleeves doesn't have to coincide with tide series and can be done throughout the summer and into fall during times when there are no low tides. 5) Maintenance Activities a.Strategy: Maintenance involves the removal of all sleeves and netting,returning the beach back to its natural state,except for the addition of geoduck and other species that recruited to the beach during the farming process. There are several goals involved in maintenance activities: 1)Survival of all the geoduck seed,2)Minimize the environmental impacts to the planted area. b.Methodology: • Site Inspection.Farm maintenance is a year-round process. Periodic walk through checks will be made at low tides to inspect for loose or removed sleeves or netting that have been removed by elements. Inspections will typically be made with 2-4 people and will include monitoring a particular farm area for build-up of drift macroalgae. Ulva can unexpectedly inundate a given farm,covering sleeves entirely and choking out all sea- life below,including iuvenile geoduck clams. Drift algae is typically heaviest in late spring to mid-summer months,when blooms occur. If a given farm area becomes heavily infested with the drift algae,it can be picked up,if necessary,and moved to the top of the farm area where it can be distributed on the upper beach area that is not used for farming. Typically,these algal mats move around with the tide,wave and current 5 action,but can pile up in certain areas,requiring spot-maintenance of farm areas to ensure juvenile geoducks survive. • Mesh Sleeve and Net Removal.When the iuvenile geoducks have grown sufficiently in size so that they can burrow 18-24 inches deep in the substrate,the protective mesh sleeves can be removed from the substrate as well as protective area nets,depending on the specific application. The depth to which the geoducks can burrow is typically substrate driven, and the clams tend to burrow quicker in sandy substrates versus those substrates containing a mixture of shell or gravel. In sandier substrates the geoducks may burrow to the desired protective depth of 18-24 inches in 18 months,whereas in substrates with more gravel,it may take as much as 24 months to accomplish this. All gear installed on a particular beach must be removed during the lowest tides of late Spring and Summer. When a particular beach is ready for gear removal,workers will come to the beach by boat and, if necessary, remove all area nets to expose the sleeves for removal by hand. After the area nets have been unstaked and removed,they will be piled on an aluminum barge and allowed to dry somewhat before transport. At that point,workers remove and place sleeves in large bags that will be stored on an aluminum barge at the farm site until all the gear is removed. The gear will be transported back to Latimer's Landing in Mason County, where it will be off-loaded onto-a trailer and transported back to the TMS Inc. land facility. The amount of time it takes to remove l acre of sleeves is approximately 8 days. The amount of time it takes to remove 1 acre of area nets is approximately 1-2 days. Sleeve and net removal can take several tide cycles to complete, and when necessary (if done in the fall or winter),night lighting will be reserved to individual LED headlamps. Boats will use standard navigational lighting. Maintenance Summary: No vegetation will be removed from the site during maintenance activities. There will be no placement of fill,no earth moving and no release of any contaminants. As mentioned above, all gear used on the beach will be brought to the beach by water,and typically all workers will arrive to beach the same way. Occasionally they may access the site from the land owner's upland property. 6. Harvesting Details Strategy: The grow-out period for marketable geoducks is generally 5-7 years,but can be very site-specific depending on many factors,including the amount of food(micro-algae)in the water,the rate of current(food delivery mechanism) at a particular beach,substrate type, and surviving seed density. Most of TMS Inc.'s beaches are harvested in the winter 5.5 years from the time they are planted. This is to accommodate market demand which is consistently better at this time of year. The majority of harvest is done during the winter at night during either low tides(dry harvest)or during the day by dive-harvest(wet harvest) if the beach has enough current to support it. Clean-up harvest is most effectively done with dry harvest in the late Spring on good low tide runs because the beach can be more systematically purged of all remaining geoduck in order for it to have some time to sit before being planted again in the summer months. Although the harvest"window"may take up to six months to accomplish for any given beach,the bulk of the harvest activity is done from November through February. It is the goal of TMS Inc. to manage its beaches on a 6 year cycle.planting initially in the summer months and harvesting 5.5 years later in the winter to spring for about 6 months total. Methodology: Given the unpredictable nature of the market for geoducks,it is crucial for TMS Inc. to be able to supply product to the buyer when the market is strong. This often occurs when there are no tides low enough for beach(dry)harvesting. In addition, it is advantageous to be able to spread harvest out,so that supply is not sporadic and extremely variable,but rather moderate and consistent. Therefore, it is advantageous to be able to harvest from the beach during low tides, and also by diving(wet harvest),using surface-supplied air(SSA). Regardless of harvest method. it is unlikely that forage fish spawning will be impacted(see"effects of the action"section below). 6 Extraction.The extraction techniques used for dry and wet harvest are very similar. See Figure 8 for a schematic illustrating the extraction process. Harvest of the geoducks will be powered with a small 4- cvlinder diesel engine that is mounted either in a vessel or on a barge which is moored in deeper water just off the farm area,and enclosed in a sound-dampening box(wood/fiberglass and foam insulation). The exhaust of the engine is the loudest portion of the engine and this is piped through a water bubbler,making it a"wet exhaust"and expelled through the side of the vessel. The wet exhaust and the insulated engine box make this system very_quiet and barely audible from shore. The diesel engine is used to tum a double pulley at low RPM's,which also keeps noise to a minimum. There are two belts attached to the pulley;one going to a water pump and one goingto an air compressor. The water pump has an intake hose that is connected through the hull of the vessel and drapes down in to the water. This intake hose is screened in accordance with fish screening criteria established by the National Marine Fisheries Service(NMFS 1997),and brings water through a 3 inch intake line into the water pump where it is slightly pressurized and exits through a 1.5 inch hose,thus creating pressurized water for digging_ the Reoducks. It is a low pressure (approximately 40 lbs per sq. inch)and higher volume system,producing approximately_ 20-30 gallons per minute to a manifold system which separates individual 1.5 inch fire-hose type water lines that extend up the beach to the harvest area. There the 1.5 inch flexible hose is reduced and connected to a 30-36"SCH 80 PVC pipe working end(nozzle),0.75 inches in diameter. This is the end used by both divers and beach diggers to loosen the geoducks from the substrate. Both beach diggers and divers place the nozzle into the sand next to an individual geoduck siphon,hold the siphon in one hand and then carefully probe the nozzle downward adjacent to the siphon to loosen the substrate around the geoduck.When the substrate around the siphon and attached shell is sufficiently loosened,the geoduck can be gently pulled out of the substrate by its siphon and either laid on the sand for another worker to pick up(dry harvest),or be placed in a holding bag(wet harvest). The system described above gives the versatility to be used for beach digging,or for dive harvest. The second belt attached to the air compressor generates compressed air,which is taken in through a filter, compressed and pushed to the remote volume tank on the vessel where it is further run through a series of air filters(fabric and then carbon)and finally fed through an umbilical line down to a diver. The umbilical also supports communication lines so the diver can stay in contact with the surface at all times. Harvesting Approach.Dive harvests occur during daylight hours during periods of the year when low tides are unavailable for accessing the beach.While diving,the vessel providing SSA is moored above the farm area;the anchor used to secure the vessel in its location is typically within the confines of the farm area,oriust to the side of it,and thus not moored in any eelgrass or kelp areas(there is no eelgrass or kelp at this site). Divers have a 150' water hose which limits their effective coverage area to a 150'circle around the boat. Divers work in depths of 5 to 20 feet depending on the tidal elevation at a particular time.Divers harvest geoducks one at a time by extracting them from the substrate,then placing them in an expandable netted bag. Once the bag is full,it will be brought to the surface using a boat-mounted davit and unloaded on the boat. The geoducks are placed in a tote of seawater until the diggigg is complete at which time they will be tagged,caged and transported to Latimer's Landing in Mason County where a refrigerated truck will take them to market. During_dry harvest operations,the vessel supporting the digging apparatus is moored just offshore of the farm area in deeper water,so that it does not go dry and beach diggers can continue to dig at low tides. Just as a diver has a support person(tender)on the boat above,a beach digger has a tender that follows him around the beach,making sure his hose is not kinked and positioned correctly,as well as picking up the harvested geoducks and banding them with rubber bands.A third person will come around and place the freshly harvested geoducks into crates where they are carried slightly up the beach to totes of seawater and held until harvest is complete.At that point.the geoducks will be jagged,caged and transported to Latimer's Landing in Mason County where a refrigerated truck will take them to market. When needed,night lighting on the beach will be limited to LED headlamps;vessels will use standard navigational li hting_ 7 Harvesting Duration/Intensity.Daily dive harvests commonly last two to four hours for each of two divers depending on the density of available clams,turbidity,current flow,temperature and market demand. Dive harvests typically yield 500 to 10001bs per day. Beach harvests may last up to a maximum of 4 hours and 3-4 workers during a single beach harvest period can produce 1000-25001bs. Harvesting Summary: Harvest activities involve no vegetation removal. During the harvesting process the Ova documented onsite will be moved aside so the geoduck siphon can be seen. Both beach diggers and divers will then place the nozzle into the sand next to an individual geoduck siphon,hold the siphon in one hand and then carefully probe the nozzle downward adjacent to the siphon to loosen the substrate around the geoduck. When the substrate around the siphon and attached shell is sufficiently loosened,the geoduck can be gently pulled out of the substrate by its siphon and either laid on the sand for another worker to pick up(dry harvest),or be placed in a holding bag(wet harvest) as described above. Primary Actfiity Time Frame/Jiilestone Planting Spring to early Fall,place and remove grow-out trays from sink-float as needed for planting IF large enough seed isn't available directly from hatchery, complete planting Maintenance 12 to 24 months from planting,remove caps and bands from tubes;remove mesh sleeves 24 months from planting,remove all tubes and area nets from beach Harvesting 5.5 years from planting,start harvest(typically in late fall or early winter) 6 months from start of harvest,complete harvest and prepare beach for re-planting Elapsed time start to finish is 61;ears 8 7. Description of how the area will be accessed (e.g., by shore or by vessel): Site Access: Most of the work associated with farming will be initiated from the waterward side of the site,but occasionally there will be routine inspections from the landward side of the beach. The vast majority of the work done on the beach will be done in the lower reaches of the intertidal area,no higher than a+2.5' (MLLW). At the end of each day's work, any leftover materials(i.e. sleeves, area nets)that are not installed on the beach,will be placed back on the storage barge and moored offshore of the farm area for a successive day's work.No equipment will be stored on the beach. The maximum time that a vessel may be grounded on the beach during a low tide is approximately 4 hours,at which time it is then removed. Any vessels used in a day's work will be removed from the farm area as the tide comes in and taken back to the staging area. Upon removal, aquaculture gear will be transported back to Latimer's Landing in Mason County,where it will be off-loaded onto a trailer and transported back to the TMS Inc. land facility. 8. Mechanical Work: If you mechanically work (e.g., dredging, harrowing)please provide the following information for the appropriate area covered by this SPIF: a. Willapa Bay -how many acres will be mechanically worked per year? NA b. Grays Harbor-how many acres will be mechanically worked per year? NA c. North Puget Sound-how many acres will be mechanically worked per year? NA d. Hood Canal -how many acres will be mechanically worked per year? NA 9. Forage Fish Habitat: Go to the Washington Department of Fish and Wildlife(WDFW)website for the location of documented marine beach spawning habitat: http://wdfw.wa.gov/conservation/research/projects/marine beach_Spawning/ Check box if WDFW documented habitat is present for these species at your site. Surf Smelt: v Pacific Herring: Sand Lance: For NEW'activities: Attach a report from a qualified biologist' determining if the area has potential spawning habitat for sand lance or surf smelt. The report should include (1) a description of the type of substrate present at the tidal elevations where spawning typically occurs, (2)photos of the substrate, and(3)provide a determination of the suitability of the substrate for spawning. Information on spawning requirements for these species is available at WDFW's marine beach spawning website. See Attachment 2 for Forage Fish Assessment s New activities are the speck footprint of those activities that were undertaken after March 18,2007. Expansion of activities into a new geographic footprint that had not previously been in commercial aquaculture is treated as a new footprint for the purpose of this programmatic ESA consultation. 4 For information on how to become an"approved biologist"for the purpose of conducting forage fish surveys,please contact WDFW. 9 Check box if potential habitat is present for these species. Surf Smelt: Pacific Herring: Sand Lance: 10. Vegetation: Are vegetated shallows(e.g., native eelgrass' or kelp')present in the vicinity? Yes: No: v If yes, please briefly describe the location, distance to the project area, and approximate density in or adjacent to the project area. If native eelgrass is present within an area new to shellfish activities, the eelgrass will be delineated and a map or sketch prepared and submitted with this form. Surveys to determine presence and location of eelgrass will be done during times of peak above-ground biomass: June-September. The following information must be included to scale: parcel boundaries, eelgrass locations, and on-site dimensions, shellfish activity locations and dimensions. Guidance on delineating eelgrass is available in the Seattle District's Components of a Complete Eelgrass Delineation and Characterization Report(May 2016)7. If kelp is present within an area new to shellfish activities, please contact the Corps prior to conducting the delineation for recommended kelp delineation methodology. Guidance is also provided in the Seattle District's Components of a Complete Eelgrass Delineation and Characterization Report(May 2016). Check box if an eelgrass/kelp delineation is attached: 11. Fallow'Areas with Eelgrass in Puget Sound and Hood Canal: In fallow areas that have been colonized by eelgrass in Puget Sound and Hood Canal, no shellfish activities meet the requirements for this programmatic consultation except for the use of oyster long lines (including lines with flip bags) spaced laterally at 10 ft. intervals. See programmatic condition `30' below for additional details. a. How many fallow acres with eelgrass are proposed to return to shellfish activities? 0 12. Berms and Dikes: New berms or dikes or the expansion or maintenance of current, authorized berms or dikes are not covered under this programmatic. However, if you currently have berms or dikes, please illustrate them on your drawings and provide the following information (attach more pages if necessary): NA a. When were the dike(s) or berm(s)installed?NA b. Describe the ongoing use of the dike(s) or berm(s): NA c. Provide the position, length, and current condition of the berm(s) or dikes (s)NA 'Native eelgrass is Zostera marina. 'Kelp is defined as rooted/attached brown algae in the order Laminariales. hq://www.nws.usace.army.mil Missions/Civil-Works/Regulatory/Forms/ a Fallow refers to areas that are periodically allowed to lie fallow as part of normal operations. 10 13. Programmatic Conditions: In order to meet all ESA requirements for this programmatic consultation, all programmatic conditions listed below must he met. Check each condition that you will meet. Check each item "not applicable" if they do not apply to your project. If you checked"will not meet" for any of the conditions, you must complete the"Will Not Meet" section at the end of this document. Will Will Not Not PROGRAMMATIC CONDITIONS Meet Meet Applicable VO 1. Gravel and shell shall be washed prior to use for substrate enhancement(e.g. frosting, shellfish bed restoration)and applied in minimal amounts using methods that result in less than 1-inch depth on the substrate annually. Shell material shall be procured from clean sources that do not deplete the supply of shell bottom. Shells shall be cleaned or left on dry land for a minimum of one month or both before placement in the marine environment. Shells from the local area shall be used whenever possible. Shell or gravel material shall not be applied so that it piles onto the substrate. Use of a split-hull (e.g., hopper-type)barge to dump the material is prohibited. 2. For `new"' activities only, gravel or shell material shall not be applied to enhance substrate for shellfish activities where native eelgrass or kelp is present. 3. Turbidity resulting from oyster dredge harvest shall be minimized by adjusting dredge bags to"skim" the surface of the substrate during harvest. 4. Unsuitable material (e.g., trash, debris, car bodies, asphalt, tires) shall not be discharged or used as fill (e.g., used to secure nets, create nurseries, etc.). 5. For `new' activities only, shellfish activities (e.g., racks, stakes, tubes, nets,bags, long-lines, on-bottom cultivation) shall not occur within 16 horizontal feet of native eelgrass or kelp. If native eelgrass or kelp is present in the vicinity of an area new to shellfish activities, the eelgrass/kelp shall be delineated10 and a map or sketch prepared and submitted to the Corps. Surveys to determine presence and location of eelgrass shall be done during times of peak above-ground biomass: June—September. The following information must be included to scale: parcel boundaries, eelgrass/kelp locations and on-site dimensions, shellfish activity locations and dimensions. 9 New activities are the speck footprint of those activities that were undertaken after March 18, 2007. Expansion of activities into a new geographic footprint that had not previously been in commercial aquaculture is treated as a new footprint for the purpose of this programmatic ESA consultation. 10 For guidance see Corps'Seattle District Components of a Complete Eelgrass Delineation and Characterization Report(May 2016). 5 Will Will Not Not PROGRAMMATIC CONDITIONS Meet Meet Applicable 6. For `new' activities only, activities shall not occur above the tidal elevation of+7-ft. (MLLW)if the area is listed as documented surf smelts' spawning habitat by WDFW. A map showing the location of documented surf smelt spawning habitat is available at the WDFW website. 7. For `new' activities only, activities shall not occur above the tidal elevation of+5-ft. (NIILLW) if the area is listed as documented sand lance spawning habitat by WDFW. A map showing the location of documented sand lance12 spawning habitat is available at the WDFW website. 8. If conducting 1) mechanical dredge harvesting, 2) raking, 3) harrowing, 4)tilling, leveling or other bed preparation activities, 5) frosting or applying gravel or shell on beds, or 6) removing equipment or material (net, tubes, bags)within a documented or potential spawning area for Pacific herring13 outside the approved work window, the work area shall be surveyed for the presence of herring spawn prior to the activity occurring. Vegetation, substrate, and materials(nets, tubes, etc.) shall be inspected. If herring spawn is present, these activities are prohibited in the area where spawning has occurred until such time as the eggs have hatched and herring spawn is no longer present. A record shall be maintained of spawn surveys including the date and time of surveys; the area, materials, and equipment surveyed, results of the survey, etc. The Corps and the Services shall be notified if spawn is detected during a survey. The record of spawn surveys shall be made available upon request to the Corps and the Services 9. For `new' activities only, activities occurring in or adjacent to potential spawning habitat for sand lance or surf smelt shall have a spawn survey completed by an approved biologist14 prior to undertaking bed preparation, maintenance, and harvest activities if work shall occur outside approved work windows for these species. If eggs are present, these activities are prohibited in the areas where spawning has occurred until such time as the eggs have hatched and spawn is no longer present. A record shall be maintained of spawn surveys including the date and time of surveys; the area, materials, and equipment surveyed; results of the survey, etc. The Corps and Services shall be notified if spawn is detected during a survey. The record of spawn surveys shall be made available upon request to the Corps and the Services. Surf smelt are Hvomesus pretiosus. 12 Sand lance are Ammodytes hexapterus. is Pacific herring are Culpea pallasi 14 For information on how to become an"approved biologist"for the purpose of conducting forage fish surveys,please contact WDFW. 6 Will Will Not Not PROGRAMMATIC CONDITIONS Meet Meet Applicable 10. All shellfish gear(e.g., socks, bags, racks, marker stakes, rebar, nets, and tubes)that is not immediately needed, or is not firmly secured to the substrate, will be moved to a storage area landward of M1H1W prior to the next high tide. Gear that is firmly secured to the substrate may remain on the tidelands for a consecutive period of time up to 7 days. Note: This is not meant to apply to the wet storage of harvested shellfish. 11. All pump intakes(e.g., for washing down gear)that use seawater shall be screened in accordance with NMFS and WDFW criteria. Note: This does not apply to work boat motor intakes(jet pumps) or through-hull intakes. 12. Land vehicles(e.g., all-terrain, trucks) shall be washed in an upland area such that wash water is not allowed to enter any stream, waterbody, or wetland. Wash water shall be disposed of upland in a location where all water is infiltrated into the ground (i.e., no flow into a waterbody or wetland). 13. Land vehicles shall be stored, fueled, and maintained in a vehicle staging area located 150 feet or more from any stream, waterbody, or wetland. Where this is not possible, attach (1) documentation as to why compliance is not possible, and (2) a copy of a spill-prevention plan. A clean-up kit shall be maintained and readily available on-site. 14. For boats and other gas-powered vehicles or power equipment that cannot be fueled in a staging area 150 ft. away from a waterbody or at a fuel dock, fuels shall be transferred in Environmental Protection Agency (EPA)-compliant portable fuel containers 5 gallons or smaller at a time during refilling. A polypropylene pad or other appropriate spill protection and a funnel or spill-proof spout shall be used in the event of a spill. A spill kit shall be available and used in the event of a spill. All spills shall be reported to the Washington Emergency Management Office at (800)258-5990. All waste oil or other clean-up materials contaminated with petroleum products shall be properly disposed of off-site. 40 15. All vehicles operated within 150 feet of any stream, waterbody, or wetland shall be inspected daily for fluid leaks before leaving the vehicle staging area. Any leaks detected shall be repaired in the vehicle staging area before the vehicle resumes operation and documented in a record that is available for review on request by the Corps and Services. 40 16. The direct or indirect contact of toxic compounds including creosote, wood preservatives, paint, etc. with the marine environment shall be prevented. This does not apply to boats. 7 Will Will Not Not PROGRAMMATIC CONDITIONS Meet Meet Applicable VO 17. All tubes, mesh bags and area nets shall be clearly, indelibly, and permanently marked to identify the permittee name and contact information(e.g., telephone number, email address, mailing address). On the nets, identification markers shall be placed with a minimum of one identification marker for each 50 feet of net. 18. All equipment, gear, and other structures including anti- predator nets, stakes, and tubes) shall be tightly secured to prevent them from breaking free. 19. All foam material (whether used for floatation of for any other purpose)must be encapsulated within a shell that prevents breakup or loss of foam material into the water and is not readily subject to damage by ultraviolet radiation or abrasion. Un-encapsulated foam material used for current, on-going activities shall be removed or replaced. 20. Tires shall not be used as part of above and below structures or where tires could potentially come in contact with the water(e.g., floatation, fenders, hinges). Tires currently being used for floatation shall be replaced with inert or encapsulated materials, such as plastic or encased foam, during maintenance or repair of the structure. 21. At least once every three months, beaches in the project vicinity shall be patrolled by crews who shall retrieve debris (e.g., anti- predator nets, bags, stakes, disks, tubes)that escapes from the project area. Within the project vicinity, locations shall be identified where debris tends to accumulate due to wave, current, or wind action. After weather events these locations shall be patrolled by crews who shall remove and dispose of shellfish-related debris appropriately. A record shall be maintained with the following information and the record shall be made available upon request to the Corps,NMFS, and USFWS: date of patrol, location of areas patrolled, description of the type and amount of retrieved debris, other pertinent information. 22. When performing other activities on-site, the grower shall routinely inspect for and document any fish or wildlife found entrapped or entangled in nets or other shellfish equipment, stranded behind berms or dikes, or stranded within pools impounded by or around shellfish culturing equipment. In the event that fish, bird, or mammal are found entangled or stranded, the grower shall: 1)provide immediate notice (within 24 hours)to WDFW (all species), USFWS/NMFS (all species)or Marine Mammal Stranding Network(marine mammals), 2) attempt to release the individual(s)without harm, and 3) provide a written and photographic record of the event, including dates, species identification, number of individuals, and final disposition, to the Corps and Services. Contact USFWS Law Enforcement Office at (425) 883-8122 or the Washington USFWS Office at(360) 753- 9440 with any questions about the preservation of specimens. 8 Will Will Not Not PROGRAMMATIC CONDITIONS Meet Meet Applicable 23. Report lose cover nets regardless of whether fish were entangled. If fish are observed entangled, they shall be collected and preserved in a freezer and the Central Puget Sound Branch Chief in the NMFS' Lacey Office contacted to determine steps to identify the species. 24. Vehicles (e.g., ATV's, tractors) shall not be used within native eelgrass beds. If there is no alternative for site access, attach a plan describing specific measures and/or best management practices that shall be undertaken to minimize negative effects to eelgrass from vehicle operation. The access plan shall include the following components: (a)frequency of access at each location, (b)use of only the minimum vehicles needed to conduct the work and a description of the minimum number of vehicles needed at each visit, and (c) consistency in anchoring/grounding in the same location and/or traveling on the same path to restrict eelgrass disturbance to a very small footprint. 25. Vessels shall not ground or anchor in native eelgrass or kelp and paths through native eelgrass or kelp shall not be established. If there is no other access to the site or the special condition cannot be met due to human-safety considerations, attach a site-specific plan describing specific measures and/or best management practices that shall be undertaken to minimize negative effects to eelgrass from vessel operation and accessing the shellfish areas. The access plan shall include the following components: (a) frequency of access at each location, (b)use of only the minimum vehicles needed to conduct the work and a description of the minimum number of vehicles needed at each visit, and (c) consistency in anchoring/grounding in the same location and/or traveling on the same path to restrict eelgrass disturbance to a very small footprint. 26. Unless prohibited by substrate or other specific site conditions, floats and rafts(includes work and dive platforms) shall use embedded anchors and midline floats to prevent dragging of anchors or lines. Floats and rafts that are not in compliance with this standard shall be upgraded to meet this standard during scheduled maintenance, repair, or replacement or before the end of the term of the next renewed authorization. [Note:Any alternative to using an embedded anchor must be approved by the AWS. 40 27. Activities that are directly associated with shellfish activities (e.g., access roads,wet storage) shall not result in removal of native riparian vegetation extending landward 150 ft. horizontally from MHIHW (includes both wetland and upland vegetation) and disturbance shall be limited to the minimum necessary to access or engage in shellfish activities. 28. Native salt marsh vegetation shall not be removed and disturbance shall be limited to the minimum necessary to access or engage in shellfish activities. 9 Will Will Not Not PROGRAMMATIC CONDITIONS Meet Meet Applicable 29. Intake or outfall structures used to connect upland wet storage holding tanks shall be authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program DES . AREA-SPECIFIC PROGRAMMATIC CONDITIONS 30. Puget Sound and Hood Canal only: For fallow15 areas that have been colonized by eelgrass, only oyster long lines spaced laterally at 10 ft. intervals shall be used. Flip bags, if used, must be suspended above the substrate so they do not rest on substrate at low tide. No other culture method shall be used in fallow areas colonized by eelgrass. Further, with the exception of mechanized long-line harvest, no mechanized activities shall occur in fallow areas colonized by eelgrass. This does not apply to fallow areas in Willa pa Bay or Grays Harbor. 31. North Puget Sound only: Mechanical dredge harvest and harrowing shall not be conducted in between April 1 and August 31. 32. The placement of gravel or shell directly into the water column (i.e., graveling or frosting) shall not be conducted between February 1 and March 15 in designated critical habitat1'for Hood Canal summer-run chum salmon. 33. Hood Canal summer-run chum salmon designated critical habitat: Between February 1 and April 30, shellfish planting and harvesting shall not occur within 15 feet waterward of the waterline (tideline)to protect juvenile chum salmon. In addition, shellfish activities which increase turbidity in the nearshore water(e.g., geoduck harvest) shall not occur at all during this timeframe. EXCLUDED ACTIVITIES UNDER THIS PROGRAMMATIC 34. Vertical fencing/vertical nets or drift fences(includes oyster corrals)are not covered and shall not be used. 35. New berms or dikes or the expansion or maintenance of current, authorized berms or dikes is not covered under this programmatic. Installation, expansion, or maintenance of berms or dikes shall not occur. 36. Installation of new piles or maintenance to piles of any kind are not covered under this programmatic and shall not occur. [An additional, separate form is required for installation or maintenance to Iles. 15 Fallow refers to areas that are periodically allowed to lie fallow as part of normal operations. 16 Critical habitat for Hood Canal summer-run chum salmon occur in Hood Canal and the Strait of Juan de Fuca marine areas in Clallam,Jefferson,Kitsap,and Mason Counties. Exact locations and excluded areas are described at: http://www.westcoast.fishes ies.noaa.gov/publications/f m/2005nOfr52739.pdf 10 Will Will Not Not PROGRAMMATIC CONDITIONS Meet Meet Applicable 37. Mooring buoys shall not be installed or maintained. [An additional, separate form is required for installation of mooring buoys.] 38. Cultivation of new species of shellfish not previously cultivated in the action area is not covered under this programmatic and shall not occur. 39. Installation or maintenance of attendant features, such as docks, piers, boat ramps, stockpiles, or staging areas are not covered by this programmatic and shall not occur. [Additional forms may be available that address attendant features,please coordinate with Corps prior to submitting] 40. Deposition of shell material back into waters of the United States as waste is not covered and shall not occur. 41. Dredging or creating channels so as to redirect freshwater flow is not covered under this programmatic and shall not occur. 42. Installation of"nevi' rafts is not covered under this programmatic and shall not occur. 43. Expansion of continuing rafts is not covered under this programmatic and shall not occur. 44. Installation of"nevi' or the relocation or expansion of FLUPSYs or floats is not covered under this programmatic and shall not occur. 45. The use of materials that lack structural integrity in the marine environment(e.g., plastic children's wading pools)is not covered under this programmatic and shall not occur. 46. The activities being authorized by this action shall not involve the use of pesticides or herbicides during the time of this authorization. 11 If the applicant has checked "Will Not Meet"for any of the above conditions, or there are associated project activities or equipment not covered by this Programmatic Consultation, or new species and/or critical habitat is not covered under this Programmatic Consultation, then this section must be completed and the applicant must sign below. Please contact the Corps if you have questions. 1. List the programmatic conditions that you will not meet and explain for each one why you can't meet the condition of this programmatic consultation. NA—This proiect will comply with the programmatic conditions set forth in this SPIF. Some conditions are currently not applicable but should site conditions or project parameters change,the proiect will be conducted in such as way as to incorporate all programmatic conditions in this SPIF. 2. List the associated project activities not covered by this Programmatic Consultation. Examples include new rafts, mooring buoys, or temporary use of sandbags. Attach an addendum to address these activities. You may require the assistance of a qualified biologist to prepare the addendum. Note: Some types of activities, such as mooring buoys, may have a specific project information form that can be used in combination with this form. NA—This project is not proposing any activities that are not covered under this Programmatic Consultation. 3. How have you minimized impacts? Describe additional conservation measures or mitigation you are proposing. (Note: You may need to prepare and attach an addendum that includes an effect analysis. You may require the assistance of a qualified biologist to prepare the addendum. The primary impact avoidance measure for this project is site selection,based on the notable absence of eelgrass and kelp at the project site and surrounding area. A Habitat Survey is included in Attachment 1. Additional minimization measures are included in the project such as: • Plastic seed trays are stored in an off-site sink float that covers 1/3 the surface area that trays on the beach would cover. Storing seed trays directly on apotential farm site can cause substrate beneath them to go anoxic and using a sink float prevents these impacts to substrate. Recommendations for avoiding impacts to surf smelt spawning include: • Avoid extraction harvest between November and February. If harvest must take place during the spawning window,avoid rising tides and high tides;extract during falling tides and with water levels below+5 feet MLLW. • Do not access the site from the upland areas between November and February. 12 Figure 1.Trident Harstine Island Aquaculture Site Vicinity Map 122-52'0-W 122°48'0-W areett Trident Marine Aquaculture 91 E. Buffington Ln. Shelton WA 98584 Habitat Survey Results Battle I Survey Date:08/10/2018 Map Date:9/4/2018 N Kent Ihl Olympia ,lo /� so ls�and L lBaA` Site Location 4 t" r. J 6 ' f1 • 5:um .. Miles S i r' n'HE 7F5� 0 0 1.25 25 5 t T P NRC CSri Japa z r i f'1 ,,. 122 520-W 122 48.0-W 13 Figure 2. Site Plan,Cultivation Area,and Habitat Survey Results Trident Marine Aquaculture Legend 91 E. Buffington Ln. Shelton WA 98584 county Parcels Habitat Survey Results Project Parcel Survey Date:08/10/2018 \ Q Proposed Planting Area(130'x130') Map Date:9/8/2018 N Q Planting Area 25 ft buffer Habitat Survey Transects 'Est.Contours(ft MLLW) • 1%Gracilaria Existing Aquaculture Gear 47.238004 -122.863518 e , Light Ulva 47 237735 Heavy Ulva(70-100% cover) F -122 863855 \ 8631,5 - 0 25 50 100 150 200 Feet Service Layer Credds_ Sour- Esri,DgilalGloh..G—Eve Earthsta^G ,:-at h,, CNES'Avbl,s DS,USDA,USGS,AeroGPoD,IGN,and the CJS User CormaNty 'The depths shown approximate.original surveyor's elevations should be referenced for engi eerM purposes 14 Fiffure 3.De artment of Ecolo Shoreline Photo 6/27/2016 ,,.I ,y,. .r •� •CIF, QF IL 44 I r ^yam • tl ��L - �Jk, i' -tg`--k R� f R ,• F I Figure 4.Elevation Profile of Site and A uaculture Area eeYadon Prone 15 MIMNY Start of pw of # antingArea PlantinLArw 5 (a2.5'MLLW) 1-2.5'MLLW) C O 3 O 50 100 150 200 25O 300 350 Distance Is Feetkaan Southwest to Northeast 15 Figure 5.WDFW Forage Fish Spawning Survey Data Trident Marine Aquaculture Legend 91 E. Buffington Ln. Q Project Parcel Shelton WA 98584 Forage Fish Spawning Proposed Planting Area(130'x130') Map Date:9/5/2018 1 mile radius from planting area Sand Lance Spawning Smelt Spawning Q Herring Spawning Pre-spawner Herrring Holding Areas ( -"t v u' 0 0.25 0.5 1 Miles Service L, c collected by WDFW staff wrth contnbuhons from the North OVft&Sakmon Coalinon and the Friends of the San Juans. Source.Ex DigaaiGlobe.GeoEye.Earth star Geographies,CNESJAirbus DS,USOA,USGS,AemGRID.AGN,and the GAS User Community 16 Figure 6. Upper intertidal substrate 7 - - _�T__ 4 -,- - Figure 7.Aquaculture Area Substrate and existing aquaculture ear on neighboring property to the north. �+ 44 17 Attachment 1 : Habitat Survey Results Trident Marine Services—Shelton Site Habitat Report An intertidal survey was performed during a low tide on August 10, 2018 (clear, sunny)from approximately 10:50 am to 12:30 pm at the project site located at 91 E. Buffington Ln., Shelton WA 98584. Gregory Smart from Marine Surveys& Assessments surveyed transects in the area of proposed geoduck aquaculture to identify flora, fauna, substrate types and other qualitative information relative to the proposed project parcel. Eighteen transects were surveyed within the proposed planting area and a 25-foot buffer outside the planting area. The transects were oriented 41 degrees true north from south to north, or when looking at the water from shore, from right to left. Transects were separated from each other by 10 ft. Transects T3 through T 14 are within the proposed aquaculture footprint. The outer transects were surveyed for macroalgae to cover a protective buffer. Existing aquaculture gear(tubes, nets)was observed within the buffer from activity on adjacent parcels. Substrate in the survey area was sand with areas of sand and cobble. Macroalgae identified at the site included high percent cover of Ulva(70-100%)in the upper elevations of the proposed planting area, lower levels of Ulva in the middle elevations of the proposed planting area, and one occurrence of Gracilaria(1% cover). No eelgrass or kelp was identified in the survey area. Please note the depths in this report are for reference only can have an error of+/- 1 ft and should not be used for navigation or engineering purposes. Transect 0 Distance(Ft) Tidal Elevation along transect Substrate,Invertebrates Macroalgae from baseline (ft MLLW) 0-25 Bare. 25-128 Netting over beach(from neighboring a uaculture). Ulva 60% 117 -2.5 147 -3.5 18 Transect 1 Distance(Ft) Tidal Elevation along transect Substrate,Invertebrates Macroalgae from base ' (ft MLLW) 0-25 Bare. 25-83 Netting over beach(from neighboring a uaculture). Ulva 60% 118 -2.5 148 -3.5 Transect 2 Distance(Ft) : .,, along transect (ft MLLW)n Substrate,Invertebrates Macroalgae from baseline 0-24 Bare sand/cobble. 24-58 Ulva 50% 58 82 Netting over beach(from neighboring a uaculture). Ulva 60% 82 Ulva 5% 121 -2.4 150 -3.5 Transect 3 Distance(Ft) Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalgae aseline 0-15 Sand/cobble. 22 Survey mark(likely the NW corner of the lot to the S). 58 Netting over beach(from neighboring a uaculture). 15-150 Sand. Ulva 5% 124 -2.4 150 -3.5 Transect 4 Distance(Ft) Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalgae from b 0-51 Horse clams. Ulna 1O"� 51-150 Bare. 127 -2.4 150 -3.5 19 Transect 5 Distance(Ft) Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalgae from baseline willilik 0-24 Sand/cobble. Ulva 30% 24-40 Bare,Horse clams. 40-68 Horse clams. Ulva 50% 68-150 Horse clams/ eoduck. Ulva 3% 128 -2.3 150 -3.5 Transect 6 Distance(Ft) Tidal Elevation w,..._. .. along transect (ft MLLW) Substrate,Invertebrates Macroalgae from baseline 0-27 Ulva 3% 27-36 Bare,Horse clams. 36-62 Horse clams. Ulva 70% 62-148 Bare. 130 -2.2 Geoduck. 148 -3.5 Transect 7 TIM 6 + Distance(Ft) Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalgae from baseline 0-5 Cobble/sand. 5-61 Horse clams. Ulva 40% 118 End of projected planting,Horse clams. 131 -2.2 152 Ulva 3% Transect 8 Distance(Ft) Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalgae from baseline 0-14 Cobble/sand. 14-30 Bare sand/cobble. 30-62 Ulva 60% 62-151 Bare. 131 -2.2 151 -3.5 20 Transect 9 Distance(Ft) Tidal Elevation along transect Substrate,Invertebrates Macroalgae from (ft MLLW) 0-21 Sand/cobble. Ulva 5% 21-51 U1va 70% 51-93 Sand dollars. Ulva 5% 93-150 gam. 119 End of planting area. 135 -1.9 150 -3.5 Kelp crabs. Transect 10 Distance(Ft) Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalgae from b 0-23 S L3nd!rohN e. 23-56 Ulva 60% 132 -1.9 56-146 Sand. Ulva 8% 146 -3. Transect 11 Distance Tfl- Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalgae 0-22 Bare sand/cobble. 22-60 Ulva 70% 60-143 Ulva 8% 130 -1.5 143 -3.5 Transect 12 low Distance Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalg fro 0-22 Bare sand/cobble. 22-57 Ulva 70% Gracilaria 1% 57-143 Horse clams. Ulva 3% 117 End of planting area. 130 -1.4 21 143 -3.5 Transect 13 Distance(Ft) Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalgae from Vftw 0-5 Cobble/sand. 5-23 Sand. 23-60 Ulva 50% 116 End of planting area. 129 -1.4 140 -3.5 Transect 14 IN Distance(Ft)' Tidal Elevation along transect (ft MLLW)MLLW) Substrate,Invertebrates Macroalgae ' e 0-15 Sand. 15-60 Ulva 50% 60-90 Bare. 90-135 Oysters. Ulva 10% 128 -1 135 -3.5 Transect 15 Distance Tidal Elevation along transect Substrate,Invertebrates Macroalgae om baseline (ft MLLW) 5 Survey mark Oikely the SW corner of the plot to the 0-21 Bare. 21-103 Surface mesh,geoduck aquaculture structures. Enteromo )ha/Ulva 103-120 At-grade geoduck tubes. 121 -0.8 135 Bare sand, geoduck patch. Transect 16 Distance(Ft) Tidal Elevation along transect (ft MLLW) Substrate,Invertebrates Macroalgae from baseline 0-20 Bare sand. 20-39 Geoduck planting, Ulva 30% 22 39-65 Geoduck planting. Ulva 100% 65-105 End of planting. Ulva 5% 105 -0.4 Geoduck tubes. 130 Bare sand. Transect 17 Distance(Ft) Tidal Elevation along transect Substrate,Invertebrate Macroalgae ine (ft MLLW) 0-20 Bare sand. 20-60 Ulva 90% 20-102 Mesh geoduck planting. 106 0 102-130 Ulva 5% 23 Attachment 2 : Forage Fish Assessment Because the project adjacent to potential forage fish spawning habitat,an evaluation has been done for suitability of forage fish spawning at the site. An indication of Surf Smelt spawning was documented in WDFW forage fish survey performed 10/18/2016 (Figure 5). In addition, Sand Lance spawning indicators were documented '/2 mile south of the site in a survey performed 12/11/1996. These fish are an important food source for a variety of consumers such as migrating salmon and bald eagles. Sand lance and surf smelt do not have Federal or State concerned,threatened,or endangered status,while Pacific herring are a Federal Species of Concern and a State Candidate species. Substrate/Elevation: Ordinary High Water at the site is at the toe of a bluff with a band of sand and gravel (Figure 7), transitioning to cobble with barnacles and then to sand and mud where aquaculture is proposed. As seen in Figure 5, surf smelt spawning has been documented along the shoreline near the planting area(WDFW 2016). Puget Sound surf smelt spawn between November and February at+5' MLLW and higher(Penttila 2007). The landward edge of shellfish planting area will be at approximately+2.5' MLLW 24 Figure 2). Aquaculture areas and surf smelt spawning areas do not overlap and the areas are separated by at least 70 feet. Impacts to Forage Fish Spawning: Potential impacts to surf smelt spawning at the site include: • turbidity from extraction harvesting at a high tide,and • accessing the site from the upland area after spawning events. Avoidance measures: Recommendations for avoiding impacts to surf smelt spawning include: • Avoid extraction harvest between November and February. If harvest must take place during the spawning window,avoid rising tides and high tides;extract during falling tides and with water levels below+5 feet MLLW. • Do not access the site from the upland areas between November and February. 25 Trident Marine Services Geoduck Aquaculture Mason County Habitat Management Plan Addendum November 26, 2018 sS -Essen MARINE SURVEYS Et ASSESSMENTS 267 Hudson Street Port Townsend WA 98368 (360) 385-4073 marine.surveys.inc@gmail.com Introduction Mason County Code requires that a Habitat Management Plan be prepared for certain activities,including geoduck aquaculture,that are proposed within Fish and Wildlife Conservation Areas. To supplement information provided in the attached Specific Project Information Form(SPIF),this addendum covers items required by MCC 8.52.1700),but not covered in the SPIF. The following Mason County HMP requirements are covered in the SPIF: • measures to preserve and protect the wildlife habitat and associated buffer; • a review of Washington's Priority Habitats and Species,and applied Management Recommendations, • All maps required by the HMP code, • preparation of the report prepared by a qualified fish and wildlife professional.- Because the SPIF encompasses the NOAA National Marine Fisheries Service(NMFS) ESA Section 7 Formal Biological Programmatic Biological Opinion/MSA Essential Fish Habitat Consultation for Shellfish Activities in Washington State(September 2,2016;WCR-2014-1502) and the USFWS ESA Section 7 Formal Biological Opinion for Programmatic Consultation for Shellfish Activities in Washington State Inland Marine Waters(August 26,2016;01EWFW00-2016-F-0121),the conditions set forth in that document also fulfill the following sections of the HMP and the General Aquaculture Regulations(Section B.1 of Mason County's Shoreline Master Program- 17.50 MCC): • An assessment of potential significant adverse impacts that could require mitigation to offset impacts to normal public use of surface waters; • An evaluation of impacts to adjacent shorelines; • An evaluation of location,design, and operation that minimizes impacts to native plant and animal populations,and their respective habitats,maintaining the local ecological balance; • A survey and assessment to ensure that adverse impacts to macro-algae and eelgrass beds are avoided; • Requirements associated with gear, including marking, anchoring,navigational considerations, nuisance factors such as excessive noise and lighting,discarded materials. Minimization of the risk of oil release or other toxic materials,conditions on substrate alteration or enhancement. The SPIF conditions also cover the following topics from the Commercial Geoduck Aquaculture regulations outlined in Section B.3 of Mason County's Shoreline Master Program: • Restrictions on significant clearing or grading; • A narrative description and timeline for all anticipated geoduck planting and harvesting activities, • A baseline ecological survey of the proposed site. • Avoidance and minimization measures to protect substrate,vegetation,water quality,and fish and wildlife habitat;including measures to achieve no net loss of ecological functions consistent with the mitigation sequence described in 17.50.110. Applications for all County permits required under Commercial Geoduck Aquaculture regulations outlined in Section B.3 of Mason County's Shoreline Master Program are also being submitted. The following sections address topics that are required under Mason County HMP requirements that are not covered in the SPIF: Mitigation Sequencing The proposed activity avoids adverse impacts to regulated FWHCA. Similar to Mason County requirements,the NMFS ESA Section 7 Formal Biological Programmatic Biological Opinion and the USFWS ESA Section 7 Formal Biological Opinion for Programmatic Consultation for Shellfish Activities in Washington State Inland Marine Waters require that shellfish aquaculture avoid,minimize, and(if necessary)mitigate adverse impacts to fish and wildlife and their habitats. These conservation measures are presented in the attached Specific Project Information Form(SPIF)as Programmatic Conditions, all of which will be met with this project. Tribes The applicant consulted with Rana Brown, Squaxin Island Tribe Shellfish Biologist,with a notice letter dated 1/10/19,required by 6.3 of the Shellfish Implementation Plan (April 8,2002). The Tribe responded with a letter expressing no objection to the cultivation and enhancement activities proposed. Monitoring and Reporting Under the Commercial Geoduck Aquaculture regulations outlined in Section B.3 of Mason County's Shoreline Master Program,monitoring and reporting requirements necessary to verify that geoduck aquaculture operations are in compliance with permit limits and conditions set forth in Conditional Use Permits and to support cumulative impacts analysis. Monitoring measures are presented in the attached Specific Project Information Form(SPIF) as Programmatic Conditions,all of which will be met with this project. Property Markers To satisfy the requirement stated in the Mason County Commercial Geoduck Aquaculture regulations, property corner markers will be installed at the site that are visible at low tide during planting and harvesting. No Net Loss Mason County requires that new or expanded aquaculture be located,designed and maintained to assure no net loss of ecological functions. Direct Effects The direct effects of geoduck are typically brief episodes of turbidity,noise impacts,and potential impacts to benthic,epibenthic and sediment characteristics. Water jet harvesting can cause increases in turbidity. However,these turbidity increases are expected to be localized and brief. There may be some short-term avoidance of the area by the listed fish species. A study done for the Washington Department of Natural Resources modeled the movement and deposition of suspended sediments from geoduck harvesting,and estimated that,under certain conditions, sediment could travel up to 200 in. Authors note that the amount of sediment deposited is likely to be extremely small (Short&Walton 1992). Noise above ambient levels might affect wildlife temporarily but adverse impacts are unlikely on listed marine species and forage fish. Impacts of harvesting on benthic,epibenthic and sediment characteristics may occur with habitat disturbance on the benthic environment and the time needed for recovery varies, according to studies. A pilot study conducted by Pearce et al. (2007,unpublished)on the recolonization of benthic invertebrates caused by geoduck aquaculture resulted in the following conclusions: 1. There was a spike in species richness and density of benthic infauna seen in core samples taken two months after seeding activities. 2. There was a higher invertebrate abundance and diversity six months after seeding as compared to a reference plot,even though there was a slight reduction in species diversity and density as compared to that found two months after seeding. 3. Six months after harvest,there was a return to the baseline conditions for species richness, even though the overall number of individuals per core sample was slightly less in the impact plot. However,other studies that investigated the impact of other types of habitat disturbances showed a range of results. Most of these studies reported an immediate reduction in species abundance due to the physical disruption caused by harvesting methods such as hand raking,dredging and suction(Hall and Harding 1977,Bandino et al. 2004 and Hauton et al. 2003). Several other studies reported no impacts on infaunal species(Boese 2002 and Peterson et al. 1987). Spencer et al. (1998)reported an approximate 80%decrease in infaunal species and their abundance after suction dredging of Manila clams. They report that recovery of sediment structure and invertebrate infaunal communities had occurred 12 months after the harvest disturbance. In the Hall and Harding study mentioned above,the investigators report that, "the faunal structure in disturbed plots recovered(i.e. approached that of the un-disturbed controls)by 56 days." They also concluded that"mechanical harvesting methods impose high levels of mortality on nontarget benthic fauna,but that recovery of disturbed site is rapid and the overall effects on populations is probably low." Bottom trawling may produce more complete disturbances than geoduck harvesting. However, the outcomes in terms of recovery may be similar. Kaiser et al. (2006) and Hiddink et al. (2002)examined the impacts of bottom trawling and found decreased biomass,production and species. Both groups reported that the magnitude of impacts depended on conditions such as the levels of natural disturbances in the study area, types of bottom-fishing gear used,habitats and the life spans of organisms that were initially impacted. Kaiser's group reported that, "large-biomass biota such as sponges and soft corals took much longer to recover(up to 8 yr)than biota with shorter life spans such as polychaetes (< 1 yr)." A recent study of Geoduck aquaculture in south Puget Sound revealed little evidence of harvest effects on infaunal biodiversity(VanBlaricom et al. 2013). There were impacts on individual taxa: "Of ten common taxa analyzed only three showed evidence of reduced densities,although minor,following harvests, whereas the remaining seven taxa indicated either neutral responses to harvest disturbances or increased abundances,either during or in the months following harvest events."This study suggests that geoduck harvesting is comparable to natural disturbance regimes with which these taxa have evolved. In general, studies indicate that benthic prey resources will likely be impacted temporarily by shellfish harvesting(Hall & Harding 1997;Hauton,Atkinson,&Moore 2004;VanBlaricom et al. 2013)but recovery of sediment structure and benthic invertebrate infaunal community is expected to occur rapidly (within 12 months)(Price 2011,Hall&Harding 1997, Spencer,Kaiser,&Edwards 1998). Indirect Effects Indirect effects are considered effects of the project that occur later in time. Potential indirect effects of the proposed project are: Impacts of shellfish aquaculture presence on the benthic and epibenthic community may occur. There are numerous studies on the impacts of shellfish aquaculture but results differ. For example, Bendell Young(2006)examined three beaches with different intensities of Manila clam farming. In general,on the beach with the greatest intensity of farming,there was a decrease in species richness, altered species abundance and distribution,greater accumulation of surface sediment and organic matter. However,Crawford et al. (2003)found no significant differences between benthic infauna inside and outside three shellfish farms in Tasmania,Australia. Changes in nutrient flow may occur. Suspension feeding bivalves,such as geoducks,consume phytoplankton and excrete feces and pseudofeces,which can elevate nutrient levels in the substrate and may increase vegetation growth by increasing available nutrients.Again,there are few studies that examine geoduck impacts on substrate characteristics. Most of the published literature examines the impacts of other bivalve(oyster and mussel)aquaculture. Peterson and Heck(2001)conducted a mussel density manipulation experiment to examine the potential positive interactions between the mussels and the seagrass Thalassia testudinium. They reported that: The mussel density manipulations resulted in a doubling of the total nitrogen and total phosphorus levels of sediments,and a significant reduction in leaf tissue C:N,N:P and C:P ratios, demonstrating that the mussels increased the sediment nutrient content and that these increased nutrients were biologically available to the plant. T. testu&nium responded to the presence of mussels by significantly increasing leaf widths and lengths.In addition,productivity significantly increased in the mussel-addition treatments. Reusch and Williams(1998)introduced the mussel,Musculista senhousia to transplanted and established eelgrass beds. The investigators reported: Although effects on leaf growth were not always significant,in August in both eelgrass transplantations and established meadows leaf growth was fertilized by mussels,and showed a saturation-type relationship to sediment ammonium concentrations.....We found only small,non-consistent effects of senhousia on shoot density of eelgrass over 6-month periods. However,they also reported: Consistent results were that mussel additions linearly inhibited eelgrass rhizome elongation rates. With 800g dry mass/m2 of senhousia,eelgrass rhizomes grew 40%less than controls in two eelgrass transplantations and in one established eelgrass bed. These results indicate that senhousia,could both impair the success of transplantations of eelgrass,which spread vegetatively by rhizomes,and the spread of established Z. marina beds to areas inhabited by M. senhousia. Ruesink and Hacker(2007)and their colleagues have been involved in an on-going study to investigate the effects of filter feedings on eelgrass. Investigators established three different 1 m2 plots within an existing 2,000 m2 eelgrass bed in south Puget Sound. One plot was+/-eelgrass,the second plot was+/- geoducks and the third plot was+/- fertilizer. In the +geoduck plot,the investigators found that, "Geoducks also competed for space with eelgrass,reducing shoot density by about 40% in summer(no effect in winter)." They also found that, "Overall eelgrass growth rates were not affected by geoduck or fertilizer treatments. After two years,the geoducks were harvested by commercial methods from the addition plots,which reduced eelgrass density by more than 70%. Recovery from this pulse perturbation required at least one year,but was difficult to gauge because the entire eelgrass bed declined in size and density,probably due to natural stressors(desiccation,waves)." Potential impacts may occur from aquaculture gear used to protect and grow seed. An informative study by Fleece et al. (2004,unpublished)indicated that there was an increase in epibenthic fauna in geoduck beds with tubes as compared to control sites. When compared to adjacent eelgrass sites,the authors noted that the epibenthic fauna densities were similar to those found in the geoduck beds with tubes. Habitat complexity associated with tubes and netting for geoduck aquaculture may attract some transient macrofauna and displace others. In a study recently conducted by the University of Washington (McDonald et al 2013),geoduck aquaculture gear did not affect species diversity but did have impacts on abundance of certain macrof Tana. Taxa found to be negatively impacted by geoduck aquaculture activities were detritivore and deposit feeding polychaetes,with some evidence of flatfishes and snails having stronger association with reference plots than with the aquaculture plots. True crabs, sea stars, and sea perches were more abundant in the presence of aquaculture gear and abundance for these taxa were more than two times higher at culture plots compared to the reference areas. No Net Loss Summary While temporary effects may occur(noise, suspended sediment) and some long term effects(diversity, nutrient flow),geoduck aquaculture is generally not considered a negative impact in ecological function. Many of the studies focus on impacts to macroalgae and eelgrass,neither of which are present at the site due to careful site selection. Some impacts could be considered positive such as increased abundance of some species and increased filter feeding as a localized improvement to water quality. Negative impacts such as disturbance to sediments and benthic organisms from harvest activities show a fairly quick recovery rate. The proposed activity avoids adverse impacts through conservation measures presented in the attached Specific Project Information Form(SPIF)as Programmatic Conditions,all of which will be met with this project. No mitigation is proposed at this time.