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HomeMy WebLinkAboutSHX2023-00031 Olympic Shellfish Oyster Aquaculture - SHX Application - 9/12/2023 r--------------------------------------i a AGENCY USE ONLY "'" � Datereceived: pit1f212dZ3 WAS H I N GTO N STATE oSEngineersrps Seattle ulshct Joint Aquatic Resources Permit Agency reference#: 5Nx2,U23-0003i. Application (JARPA) Form',2 [hel Tax Parcel#(s): USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. •------------------------------------- Part 1—Project Identification 1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) [help] Olympic Shellfish Oyster Farm Expansion Part 2—Applicant The person and/or organization responsible for the project. hel 2a. Name (Last, First, Middle) Mead, Troy ( formerly Troy Wiktorek) 2b. Organization(If applicable) Olympic Shellfish LLC 2c. Mailing Address (Street or PO Box) P.O. Box 2112 2d. City, State, Zip Shelton, WA 98584 2e. Phone(1) 2f. Phone(2) 2g. Fax 2h. E-mail 360 507 4162 rpmcstarsky@gmail.com Additional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a Regional General Permit(RGP),contact the U.S.Army Corps of Engineers for application information(206)764-3495. • If your project might affect species listed under the Endangered Species Act,you will need to fill out a Specific Project Information Form(SPIF)or prepare a Biological Evaluation. Forms can be found at http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PermitGuidebook/EndangeredSpecies.asl)x. • 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. 27ro access an online JARPA form with[help)screens,go to http://www.ei)ermittinci.wa.ciov/site/alias resourcecenter/jarpa iarpa form/9984/jarpa form.aspx. For other help,contact the Governor's Office for Regulatory Innovation and Assistance at(800)917-0043 or help(CDoria.wa.Clov. ORIA-16-011 Page 1 of 19 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.) heI j 3a. Name (Last, First, Middle) Beagle, Martin 3b. Organization (If applicable) 3c. Mailing Address (Street or PO Box) 4120 Gravelly Beach Loop Road 3d. City, State, Zip Olympia, WA 98502 3e. Phone(1) 3f. Phone(2) 3g. Fax 3h. E-mail 3608661914 360 742 9881 marty@chelseafarms.net Part 4-Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. [help] © 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) 4b. Organization (If applicable) 4c. Mailing Address (Street or PO Box) 4d. City, State, Zip 4e. Phone(1) 4f. Phone(2) 4g. Fax 4h. E-mail ORIA-16-011 Page 2 of 19 Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. hf eM ❑ 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.) hef 551p1 ❑x 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.) [help] 593 E. Benson Loop Road is the access point for the expansion parcels 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 hei Mason 5e. Provide the section, township, and range for the project location. heI j '/4 Section Section Township Range 21 20N 2W 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) 47.212 -122.93847 approximate middle of the two parcels 5g. List the tax parcel number(s)for the project location. heI j • The local county assessor's office can provide this information. 220215090291 and 220215090292 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) h[�el ] Name Mailing Address Tax Parcel # (if known) Applicant 593 E Benson Loop 220215000030 Shelton, WA 98584 David and Karen Skoog 131 E Moonlight Oasis ....__._............................. .-............. . _ .........._- 220215090282 Shelton, WA 98584 ......... ..........._....._...._........ ..................................-.................. ORIA-16-011 Page 3 of 19 5i. List all wetlands on or adjacent to the project location. [help] n/a 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [ham] Puget Sound, Pickering Passage 5k. Is any part of the project area within a 100-year floodplain? help] ❑ Yes ❑ No 0 Don't know 51. Briefly describe the vegetation and habitat conditions on the property. heI ] A. Shoreline riparian vegetation and habitat features The upland dimensions of each of the two parcels are 75 feet in width and 680 feet deep extending back from the waterline, with a moderately steep sloping bluff falling approximately 30 feet from the edge of the uplands down to the tidelands. The toe of the bluff at the line of extreme high tide has some native plant species, while non-native plantings typical of urban landscaping tend to predominate on the slope. The upland vegetation behind the bluff is primarily high canopy conifers, Big leaf maples, and red alders with the understory comprised of fern species, vines, salal, and other ground level vegetation typical of the Puget Sound lowlands. There are no year-round natural upland drainages anywhere near the proposed project area. The shoreline to the north and south is mostly natural, with a few short sections of soft and hard armoring. B. Aquatic substrate and vegetation. Based on a August 29, 2023 visual beach survey, there is no on-the-ground evidence of native eelgrass (Zostera marina) or rooted kelp in the proposed project area. During summer months, loose, transient, red and brown kelps and Ulva spp. may be found in the area. The on-line tools for the Marine Vegetation Atlas (Department of Natural Resources) and the Washington State Coastal Zone Atlas (Department of Ecology) both show an absence of eelgrass and kelp in the proposed project area. Tidelands: The upper intertidal is a combination of gravel and sand on a moderately sloped beach ( see photographs in accompanying document). Lower intertidal, below the line of barnacle growth, is primarily sand. There isn't exposure to any significant fetch; the beach is on a somewhat protected part of Pickering Passage. 5m. Describe how the property is currently used. heI ] The proposed project location is on Pickering Passage in Puget Sound, on private tidelands that are owned by the applicant. The tidelands are 2nd class tidelands extending out to extreme low water. We know of no records that demonstrate prior commercial farming activity at the site. There are no structures on the uplands of the two parcels. Private tidelands are currently used for recreation and shellfish culture. The surface waters over the proposed project location are used seasonally for boating and fishing. 5n. Describe how the adjacent properties are currently used. hei ] Applicant owns the tideland to the north of the project area (parcel # 22021-50-00030) and obtained all required permits in 2018/2019 in order to cultivate Pacific Oysters. 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. hei ] ORIA-16-011 Page 4 of 19 No structures on project area tidelands nor uplands. 5p. Provide driving directions from the closest highway to the project location, and attach a map. [heip] From Shelton: North on Highway 3 for 6.06 miles to Agate Road. Right on Agate Road Proceed 6.65 miles to E. Benson Loop Road Right on E. Benson Loop Road Proceed 0.54 miles to 593 E Benson Loop Road , on left Left on 593 E. Benson Loop Road- long driveway that ends at house. Part 6-Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. hel The proposed project is the expansion of a small (approximately 0.50 acres) commercial intertidal aquaculture farm for the cultivation of oysters. The proposed cultivation area would be located in the intertidal portions of the tidelands, between -4.0 ft. and +3 ft. mean lower low water ( MLLW) on two tideland parcels adjacent to the tideland parcel that was permitted in 2018/2019. All three parcels are owned by the applicant, Mr. Troy Wiktorek SR. (Note: in 2023 Mr. Wiktorek legally changed his name to Troy Mead) 6b. Describe the purpose of the project and why you want or need to perform it. help] The purpose of the project is to commercially farm oysters on intertidal ground so as to provide more food for the world. The site is well suited for shellfish culture, which have specific requirements for water quality, temperature, flows, oxygen content, adjacent land use, commercial navigation, and salinity. 6c. Indicate the project category. (Check all that apply) hei ® Commercial ❑ Residential ❑ Institutional ❑ Transportation ❑ Recreational ❑ Maintenance ❑ Environmental Enhancement 6d. Indicate the major elements of your project. (Check all that apply) [help] © Aquaculture ❑ Culvert ❑ Float ❑ Retaining Wall ❑ Bank Stabilization ❑ Dam / Weir ❑ Floating Home (upland) ❑ Boat House ❑ Dike / Levee / Jetty ❑ Geotechnical Survey ❑ Road ❑ Boat Launch ❑ Ditch ❑ Land Clearing ❑ Scientific Measurement Device ORIA-16-011 Page 5 of 19 ❑ 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 6 of 19 6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. hei • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year floodplain. A. Project Goal The goal of the project is to cultivate Pacific Oysters ( Crassostrea gigas, Miyagi strain) for commercial harvest and sale on privately owned intertidal ground. The length of a single cycle for oysters is dependent on initial size of seed utilized, and market conditions; a cycle can thus range from 9 to 18 months. B. Farm Location The existing farm site for shellfish cultivation is located in Pickering Passage, South Puget Sound, Mason County, WA on tidelands adjacent with 593 East Benson Road, Shelton WA. The proposed expansion incorporates the two adjacent parcels to the south of the existing farm. All farming activities will occur on privately owned tidelands within an area defined by +3.0 ft. tidal elevation and the line of extreme low water, approximately -4.0 ft. tidal elevation. Farming techniques for oysters will be ones traditionally utilized by the shellfish industry. The proposed project area of the expansion is approximately 0.5 acres. The exact dimension of planting of oysters will not be known till planting occurs, but it is anticipated the initial cultivation area will be close to one- quarter of an acre (0.25) in area. No farming activities will occur in the upper intertidal area, i.e., above +3.0 ft tidal elevation. All work activities will be manual labor, all access will be primary by land; no motorized machinery will operate on the beach, no refueling of engines or motors will occur near the beach, no equipment will be stored on the beach, no rooted aquatic vegetation or benthic organisms will be removed from the site, no fill or grading will occur at the site, no chemical/environmental contaminants will be used, and farming activities will create no substantial interference with normal public use of the surface waters. To maintain aesthetic quality, noise during all farming operations will comply with county and state noise ordinances. If farm work activities occur at night, night lighting on the beach will be provided by individual LED headlamps. The farm is a sole enterprise and will be operated without any employees. If any employees are hired in the future, all employees be trained regarding local, state, and federal conditions for operations of commercial shellfish farms. Surveys conducted in August 2023 of the project area revealed that the site has no native eelgrass (Zostera marina) or rooted kelp (floating and non-floating canopied species) that would need to be avoided during farming activities. The project area is identified by the Washington Department of Fish and Wildlife Priority Habitat and Species report (accessed 12 Feb 2018) as documented and potential spawning area for sand lance and surf smelt (data from 1997) . If forage fish were found at the proposed project site, they may spawn concurrent with farming activities. Surf smelt and sand lance spawning typically occur at higher tidal elevations (above +5.0 ft. tidal elevation) than where farming activities take place. As there will be no cultivation activities above a +3 ft. tidal elevation, there is no reason to even be in the area where sand lance or surf smelt may spawn. South Puget Sound herring stocks identified as being present in the near vicinity of the proposed project site typically spawn on rocky, gravelly substrate in the absence of marine vegetation and thus are not likely to utilize the sandy substrate in the proposed project area. Below is an approximate timeline of significant farming milestones for the proposed project site. While various factors can influence the schedule (environmental storms, availability of seed, market conditions, etc.), the timeline presented is representative of other shellfish aquaculture operations. C. Farming Techniques ORIA-16-011 Page 7 of 19 Primary Activity Time Frame Site Prep None necessary Planting Spring/Fall - deploy oyster grow bags on beach Maintenance Ongoing ( weekly) throughout growing cycle- Harvesting 0.80 to 1.25 years after planting- start harvest of oysters. 1-3 years- 1. Pre-planting Preparation A. Permits and Permissions: Prior to actual farm work, all necessary federal, state, and local permits will be obtained. As per section 6.3 of the Shellfish Implementation Plan (April 8, 2002) settlement agreement (July 11,2007) between the Tribes, growers, and the State of Washington, the beach was surveyed by a diver for commercially harvestable quantities of shellfish. A harvest plan between the tribes and Olympic Shellfish Farms does not appear to be necessary for geoducks or manila clams as the survey results show that there are not sufficient quantities of those species present to meet or exceed the minimum qualifying density established within the agreement. B. Surveys: A visual inspection of the proposed project area was conducted in August 2023 for rooted aquatic vegetation. Included in this baseline survey of the area was an examination for native eelgrass ( Zostera marina) and rooted kelp ( floating and non-floating canopied species). No native eelgrass or rooted kelp are present in the proposed project area. 2. Planting Activities A. Strategy: Oysters will be grown in industry standard plastic grow bags, approximately 20" x 36". Oyster bags will be secured via metal clips to a rope that is secured to the beach by rebar. Planting techniques are utilized that minimize disturbance of the proposed project area (and thus to listed species and critical habitat) and also reduce aesthetic impacts to the surrounding landowners. Good planting technique gives a better chance of a high rate of survival. The beginning of the planting season is typically aligned with the first occurrence of low daytime tides in the spring and continues during subsequent low tides into October if necessary to complete the work. We will strive to complete the planting of the first oyster plot within one season, planting the lowest portions of the plot first in the spring, and the upper reaches of the plot in late summer and fall. Oyster will be cultivated utilizing on-beach-bag-on-bottom methodology, a standard growing method for oysters. Seed will be purchased from local suppliers. B. Methodology Site Preparation: The proposed planting area requires little site preparation prior to planting activities. There will be no removal of benthic organisms or any substrate material from the site. There will be no redirection of beach seepage or seasonal upland runoffs. We work in a cooperative and consultative manner with the Tribes to ensure activities and projects undertaken by the company are in accordance with provision in the Settlement Agreement. Seed: We will obtain seed from Southern Puget Sound brood stock. No seed grow-out activities will take place in the proposed project area. The intent is to plant approximately half of the culture area the first year and plant the second half of the area the second year, ensuring ongoing supply for the marketplace. ORIA-16-011 Page 8 of 19 Oyster Bag Placement- Industry standard techniques will be used in oyster beds- rows of bags will be secured via meal clips to a rope traversing the culture area. '/2" or 1/" rebar will be used to keep the rope in place on the beach. All grow bags will be labelled with contact information. C: Maintenance Maintenance for oyster bags also commences immediately after planting. Weekly inspection of the bags will continually occur throughout the year. To obtain a high likelihood of survival and achieve a high degree of product quality, active management of the grow bags is necessary. To obtain faster growth and protection from extreme temperatures, grow bags containing young seed may be placed temporarily in deeper tidal elevations (possibly down to -4.0 MLLW). As an example, Olympia oysters are notoriously fragile and highly susceptible to extreme temperatures in both summer and winter . Utilizing the traditional bag-on-bottom placement method should make the transitions to a deeper growth area quick and with minimal disturbance to the substrate. 6f. What are the anticipated start and end dates for project construction? (Month/Year) n[Lgl ] • 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: October/November End Date: ongoing ❑ See JARPA Attachment D 2023 6g. Fair market value of the project, including materials, labor, machine rentals, etc. heI Grow bags $2475; seed: $2500; misc. (rebar, rope, clips) $500 . labor $500 Total = $5,975 6h. Will any portion of the project receive federal funding? [heipl • If yes, list each agency providing funds. ❑ Yes ❑x 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.) hei j 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help] ❑x Not applicable 7b. Will the project impact wetlands? LtiQm ❑ Yes ❑ No ❑ Don't know 7c. Will the project impact wetland buffers? [nem ❑ Yes ❑ No ❑ Don't know ORIA-16-011 Page 9 of 19 7d. Has a wetland delineation report been prepared? hel ] • If Yes, submit the report, including data sheets,with the JARPA package. ❑ Yes ❑ No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? hel • 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. [h�l ] 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 Cate or z Acres) acres If no official name for the wetland exists,create a unique name(such as"Wetland 1"). The name should be consistent with other project documents,such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System.Provide the wetland rating forms with the JARPA package. 3Indicate the days,months or years the wetland will be measurably impacted by the activity.Enter"permanent"if applicable. "Creation C,Re-establishment/Rehabilitation R ,Enhancement E ,Preservation P,Mitigation Bank/In-lieu fee B Page number(s)for similar information in the mitigation plan, if available: ORIA-16-011 Page 10 of 19 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. [Heil 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. [nelp] 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] ❑x 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. Lpl ❑x Not applicable Shellfish culture must have a healthy marine ecosystem in order to flourish. We will continue to review and employ proven state-of-the-art practices to minimize local, temporary adverse impacts. The cultivation of shellfish has been viewed as beneficial to the shoreline environment, not detrimental, as it provides structure, water filtration, and coupling of nutrients. Farming activities will not occur in the upper intertidal area (eg. above +3 ft. tidal elevation). All work activities are by manual labor, all access is by boat, and no motorized machinery will operate on the beach, no refueling occurs on the beach, no equipment storage at the site, no rooted aquatic vegetation or benthic organisms removed from the site, no fill or grading will happen, and no chemical/environmental contaminants will be used. The farm site is at elevations below the spawning elevations of sand lance and surf smelt, and there is no presence of native eelgrass or other rooted vegetation necessary to attract herring spawn. While the area is not documented for herring, however, on the chance they may spawn on culture gear(tubes), applicant will conduct visual inspections at the farm site prior to any farming activity to ascertain if herring stocks have utilized the beach for spawning. If spawn is found, the farm will be left alone until eggs have hatched. The proposed project is typical of oyster farm activities and locations that were included in the 2015 Programmatic Biological Assessment(PBA) of the Army Corps of Engineers (ACOE) and the subsequent reviews/biological opinions conducted by National Marine Fisheries Service and U.S. Fish and Wildlife Service (the Services).1 All farm activities that we are proposed here (e.g., species, equipment, methods, location, etc.), and their impacts on the aquatic environment, were evaluated by the ACOE and the Services and thus their documents serve as the reference biological evaluation for this project. z Current, or as subsequently revised, NWP 48 conditions (national, regional, and Seattle District) applicable to this farm activity will be followed--these conditions are, in part, the result of the Services' reviews and therefore are intended to protect ESA-listed ORIA-16-011 Page 11 of 19 species, critical habitat, and essential fish habitat. The most recent set of NWP 48 ACOE-Seattle District specific conditions(aka conservation measures) is available on the ACOE website.3 i Programmatic Biological Assessment, Shellfish Activities in Washington State Inland Marine Waters, U.S.Army Corps of Engineers Regulatory Program, Seattle District, October 2015; Endangered Species Act(ESA) Section 7(a)(2)Biological Programmatic Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation, National Marine Fisheries Service, Reference No. 01 EWFW00-2016-F-0121,September 2,2016 and September 30,2016; Endangered Species Act-Section 7 Consultation, Biological Opinion, U.S. Fish and Wildlife Service, Reference No.01 EWFW00-2016-F-0121,August 26,2016. 2 Prior to implementation of the PBA, new farm proposals to the ACOE under NWP 48 required individual consultation with the Services; preparation of a biological evaluation by the applicant formed the basis of this consultation. Implementation of the PBA streamlined this process.As long as an applicant's proposed shellfish activities meet the following three criteria,the PBA functions as the applicant's biological evaluation: (1)the proposed activities fall within the scope of activities described in the PBA(which ours do),(2)the applicant can&will meet the PBA's conservation measures(which we can&will), and(3)the proposed site occurs within the geographic area considered by the PBA(which ours does). 3 NWP 48 is the ACOE's nationwide permit for"Commercial Shellfish Aquaculture Activities'. Commercial shellfish farms in Washington cannot legally operate without a permit from the ACOE--the most common form of that permit is NWP 48.Currently, NWP 48 includes 31 national general conditions(some applicable to shellfish aquaculture), 10 Seattle District regional general conditions(some applicable to shellfish aquaculture), 1 regional specific condition(specific to shellfish aquaculture),and most recently, a revised list of 33 Seattle District specific conditions or conservation measures(specific to shellfish aquaculture). 81b. Will your project impact a waterbody or the area around a waterbody? hf elol ® Yes ❑ No As all work will occur below the upland property in tidelands below 3.0 feet, there will be no impact on those properties above 3.0 feet tidal level 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 ® not applicable There is no net negative impact to the waterbody therefore a mitigation plan is not necessary. Farming activities, notably harvest, may result in local and temporary effects, but not long-term effects. Effects are within the range of natural variation experienced by Puget Sound aquatic organisms. Shellfish aquaculture has been shown to provide beneficial ecosystem services. Potential and temporary negative impacts appear to be minimal and insignificant and are largely overshadowed by long-term water quality and habitat benefits. Farming activities create no substantial interference with normal public use of the surface waters. 8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7g you do not need to restate your answer here. hel Not applicable 8e. Summarize impact(s) to each waterbody in the table below. [help] ORIA-16-011 Page 12 of 19 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 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. z 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. 3Indicate the days,months or years the waterbody will be measurably impacted by the work. Enter"permanent"if applicable. 8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. hel 8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. [hel 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. h[ elp] Agency Name Contact Name Phone Most Recent Date of Contact ORIA-16-011 Page 13 of 19 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology's 303(d) List? rheipl • If Yes, list the parameter(s)below. • If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at: http://www.ecy.wa.gov/programs/wq/303d/. ❑x Yes ❑ No Temperature ( actual location of listed entry is south of Pickering Passage, in Dana Passage- but Squaxin, Dana, and Pickering passages are all lumped together as one). 9C. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? heI ] • Go to http://cfpub.epa.goy/surf/locate/index.cfm to help identify the HUC. 17110019 9d. What Water Resource Inventory Area Number (WRIA#) is the project in? Lne ] • Go to http://www.ecy.wa.gov/water/wria/index.html to find the WRIA#. WRIA 13 Deschutes 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.html for the standards. ❑x 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://www.ecy.wa.gov/programs/sea/sma/laws rules/173-26/211 designations html. ❑ Urban ❑ Natural ❑x Aquatic ❑x Conservancy ❑ Other: Shorelands adjacent to the project area currently are designated Urban Residential per the Mason County Shoreline Master Program (SMP); the project area is in marine waters between one and ten fathoms and is therefore considered a Conservancy environment. (The surrounding upland area has residential development designated/zoned as RR5 (rural residential-5 acres) 9g. What is the Washington Department of Natural Resources Water Type? [Lei ] • Go to http://www.dnr.wa.gov/forest-practices-water-typing for the Forest Practices Water Typing System. Z 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? fheiij • If No, provide the name of the manual your project is designed to meet. ❑ Yes ❑ No Not Applicable Name of manual: 9i. Does the project site have known contaminated sediment? Le)] • If Yes, please describe below. ORIA-16-011 Page 14 of 19 ❑ Yes ❑x No 9j. If you know what the property was used for in the past, describe below. [help] Not known 9k. Has a cultural resource (archaeological) survey been performed on the project area? [help] • If Yes, attach it to your JARPA package. ❑ Yes Fx] No A cultural resource assessment (CRA) was not conducted for this project area. The Area of Potential Effects (APE) for the proposed project is along the same shoreline and in close proximity ( - 0.1 mile to the north to previously permitted intertidal shellfish farms (Trident Seafood) The physical attributes of the proposed project area and the previously permitted projects are similar with medium bank, unstable steep slope, and shallow sandy tidelands. In each case, the APE consists of substrates in the lower intertidal zone (+3.0' to -4.5')on privately owned tideland. The records search and literature review for previous CRA's of nearby sites included examination of materials located on the Washington State Department of Archaeology and Historic Preservation's online database, the Washington Information System for Archaeology and Archaeological Records Database (WISAARD). No listed archaeological sites were identified within one mile of the project. 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. hel ORIA-16-011 Page 15 of 19 Presence is Possible: Puget Sound Chinook Salmon (NMFS, Threatened); Puget Sound Steelhead (NMFS, Threatened); Marbled Murrelet (USFWS, Threatened) Presence is Possible but not Probable: Southern Resident Killer Whale (NMFS, Endangered); Bull Trout (USFWS, Threatened); Humpback Whale-Mexico DPS (NMFS, Threatened); Bocaccio rockfish (NMFS, Endangered); Yelloweye rockfish (NMFS, Threatened) See table. Also see comments in Part 8a. Scientific Name Listing Federal Critical Date Status Habitat Bull trout (PS/Coastal DPS) Salevelinus 11/1/1999 Threatened Yes* confluentus Chinook salmon (PS ESU) Onchorhynchus 6/28/2005 Threatened Yes tshawytscha Steelhead (PS DPS) O. mykiss 1/5/2006 Threatened Proposed Bocaccio rockfish(PS/GB DPS) Sebastes 4/28/2010 Endangered Proposed paucispinis Canary rockfish (PS/GB DPS) S. pinniger 4/28/2010 Threatened Proposed Yelloweye rockfish (PS/GB DPS) S. ruberrimus 4/28/2010 Threatened Proposed Marbled murrelet (WA/OR/CA DPS) Bracnyramphus 10/1/1992 Threatened Yes* marmoratus Southern resident killer whale Orcinus orca 11/18/2005 Endangered Yes DPS-distinct population segment; ESU:Evolutionary Significant Unit; PS-Puget Sound; GB-Georgia Basin;WA-Washington OR- Oregon;CA-California *Critical habitat identified, but does not occur within the proposed area 9m. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected by the proposed work. Lei pi Species listed or likely to be present in the vicinity of the project area, but not within it: Seabirds, Harbor seals, Salmonoids, Surf smelt, Pacific sand lance, Pacific herring, Rock sole, Bald eagles, Wild geoduck Analysis provided by consulting the Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species (PHS) database. Forage fish are known to play a vital dietary role in the marine ecosystem. The three species that make up the majority of the forage fish prey base in Puget Sound are the surf smelt, Pacific sand lance, and Pacific herring, thus they are cited here as indicators for potential project effects. Surf smelt and herring spawn in sand to pea- gravel sized sediments at elevations from +5 ft MLLW to mean higher high water(MHHW). Herring typically spawn on aquatic plants. The breeding areas for surf smelt and sand lance are documented in the PHS database to either include the project area or in close vicinity thereof. As mentioned previously, all work at the proposed farm will occur on tideland elevations well below breeding areas for sand lance or surf smelt. ORIA-16-011 Page 16 of 19 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(o)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.) nel pj • For more information about SEPA,go to wwvv.ecy.wa.00v/programs/sea/sepa/e-review.html. ❑ A copy of the SEPA determination or letter of exemption is included with this application. ❑x A SEPA determination is pending with Mason County (lead agency). The expected decision date is unknown . We believe a SEPA permit is not required. ❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) [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:none ❑ Substantial Development ❑ Conditional Use ❑ Variance ❑x Shoreline Exemption Type (explain): Shellfish Authorization Other City/County permits: ❑ Floodplain Development Permit ❑ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: ❑ Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption —Attach Exemption Form Aquatic Farm Registration submitted 3/8/2018 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: ❑x Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): X Section 404 (discharges into waters of the U.S.) J Section 10 (work in navigable waters) ORIA-16-011 Page 17 of 19 United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non-bridge projects) TRIBAL INTERESTS § 6.3 Notification to Squaxin Island, Jamestown S'Klallam, Port Gamble S'Klallam, Skokomish, and Suquamish Tribes has been submitted. ORIA-16-011 Page 18 of 19 Part 11—Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. he ] 11a. Applicant Signature (required) Lh 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 to the property. I also give my consent to the permitting agencies entering the property where the project is located to inspect the project site or any work related to the project.�]CoMil (initial) Try"I A. M P_C Ct 'I at OA'1.t- Y12-1 Z3 Applicant Printed Name Applicant Signature Dam 11 b. Authorized Agent Signature he ] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. P. a. Authorized Agent Printed Name Aut rize gent Si ture Date 11c. Property Owner Signature (if not applicant) hei ] Not required if project is on existing rights-of-way or easements (provide copy of easement with JARPA). I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Property Owner Printed Name Property Owner Signature Date 18 U.S.0§1001 provides that:Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false,fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact the Governor's Office for Regulatory Innovation and Assistance (ORIA)at(800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877) 833-6341. ORIA publication number: ORIA-16-011 rev. 07/2017 ORIA-16-011 Page 19 of 19 Reference Number Applicant Name:Troy Mead Proposed Project:Olympic Shellfish Farm Location:Pickering Passage,Puget Sound Sheet 1 of 9 Date:August 30,2023 Olympic Shellfish Oyster Farm: Area Maps, Drawings and Site Photographs Vicinity Map Vicinity Close ups Neighbor Parcels Neighbor Parcel Owner Names and Addresses Plan View Profile View Project Area Photo Shoreline Photo REFERENCE: LOCATION:Pickering Passage,Puget Sound PROPOSED PROJECT:Olympic Shellfish Farm APPLICANT:Troy Mead LAT/LONG of Project Area: Project Area 0.50 Acres NW:47.212256N -122.935734W Farm Culture Site 0.25 Acres SW:47.213106N -122.935855W IN:Pickering Passage,Puget Sound NE:47.212633N -122.935983W NEAR/AT:Hammersley Inlet SE:47.212707N -122.935558W Sheet 2 of 9 August 30,2023 Vicinity Map Graham Point Harstine Isla Project site . tSl,clton �,rx �! 8 Olympic Shellfisah Farm Project A Sec21T20NR2W Arcadia I i Parcel2202215090292 ��rluon ��acti N- Parcel 2202115090291 demon E Island K � n Harbor mi:c.he ► izanBeach Gravel Beachcrest Beach Sum-"Beach 101 Sunrise Be.; h f , South Bay Billy Frank Mad Jr.Nisqually National Wildlife... ' anglewilde•Thompson 101 > a Place Reference Number Applicant Name:Troy Mead Proposed Project:Olympic Shellfish Farm Location:Pickering Passage Sheet 3of 9 Date:August 30,2023 Olympic Expansion Farm - -°�°^° v v :s 4 T) Y tr Google Earth Project Area: Blue Rectangle 2023 photograph fiat/Long of PROJECT Area A:47.212256' -122.935734° B: 47.212703' -122.935557° C:47.212288°-122.935326° D:47.213106' -122.935855' Reference Number Applicant Name:Troy Mead Proposed Project: Olympic Shellfish Oyster Farm Location:Pickering Passage Sheet 4 of 9 Date:August 30,2023 Olympic Expansion Farm �� erg 10/ �, �QMr4+c E+pansgn Clrratmn Area Ok^"grc E�Dalf5gll Prgect Area h r a. Google Earth Culture Area: Dark Blue Rectangle 2023 photograph Lat/Long of CULTURE Area G:47.212269" -122.935608 'H:47.212656' -122.935853' I:47.212703'-122.935557* J: 47.212288* -122.935326° Reference Number Applicant Name:Troy Mead Proposed Project:Olympic Shellfish Farm Location:Pickering Passage Sheet 5 of 9 Date:August 30,2023 PARCEL MAP OLYMPIC SHELLFISH OYSTER FARM Mason County WA GIS Web Map 2021 220215000035 210192222222 220215000071 /- Z20215000013 1 2 3 150009 4 509M 220213000030 50902 6 02/50W 22021Z222222 215090 0215OW2 220215DWeW 21 YfW2 5090 2202150902111 220215090271 1 7 220215000025 ITO tt 2202150000.24 220215OM23 2.2 021 5 0 0=2 - � 1102,500002, March 7.2013 1.4,514 0 0.0375 0.075 olsm [� Tax Parcels(zoom in to 130,000� 0 005 Ot 02Em ...erl.eu o.2lv.e>no.new o coo ssco - aK catrE..c+.wmr�.aaana s.er.cr gertwic �m9 Kmi.roc 0 4eraseup cmesa wa V•GE uEi Wnnurry cents wA G4 Mo Nap MpRaon F IQEG�nn.lAO.'.BW.WAE1w r{LS Key: County Parcel# Owner/Address 1. 220215000914 SCHAUMBURG TRS 483 E. Benson Lp. Shelton WA 98584 2. 220215090031 VANDERBERG, ROXANNE M 591 E. Benson Lp.Shelton WA 98584 3. 220215090311 FORAKER, NANCYJ 595 E. Benson Lp.Shelton WA 98584 4. 220215090030 Applicant 596 E. Benson LP,Shelton, WA 98584 S. 220215090291 and 292 Applicant 130 Moonlight Oasis,Shelton,WA 98584 6. 220215090282 SKOOG, KAREN L&DAVID 28 Moonlight Oasis Shelton WA 98584 Reference Number Applicant Name:Troy Mead Proposed Project:Olympic Shellfish Farm Sheet 6 of 9 March 15,2018 N CORNERS A,E,DENOTE UPLANDS CORNERS B,F DENOTE GOVT.MEANDER LINE 160' 10 TOE OF UPLAND SLOPE(14.2') At A �E LINE OF EXTREME HIGH CORNERS B,D,F,H WATER(+17.5') DENOTE PROJECT AREA F B LINE A-C-D DENOTES PROFILE VIEW MHW(+11.4') (SEE PROFILE VIEW DRAWING) C PROPOSED OYSTER G A-B DIMENSION=-25 FT CULTIVATION SITE 0.25 ACRES LINE OF MLW(+3.0')AND UPPER BOUNDARY OF PROPOSED OYSTER B-C DIMENSION=35 FT CULTURE SITE C-D DIMENSION=75 FT B-D DIMENSION=11OFT APPROX.LINE OF MLLW(+0.0') C-G&D-H DIMENSION =160'x 75'=12,000 sq ft LINE OF EXTREME LOW WATER(-4.0) D H CORNERS C,D,G,H DENOTE PROPOSED FARM SITE AREA TO BE PLANTED USING BAG-ON- BEACH CULTURE METHOD PLAN VIEW Pickering Passage Pickering Passage JARPA Olympic Shellfish 08/30/2023 Reference Number Applicant Name: Troy Mead Proposed Project:Olympic Shellfish Farm Location:Pickering Passage,South Puget Sound Sheet 7 of 9 Date: August 30,2023 WATERLINE EXTREME HIGH TIDE(+17.5') MHHW(14.2') TOE OF UPLAND SLOPE(+14.2') WATERLINE AT MLW(+3.0') AND UPPER TIDAL ELEV.OF FARM WATERLINE EXTREME LOW WATER(-4.5') MHW(+11.4) MLLW(0.0') AND LOWER ELEV.OF FARM PROFILE VIEW 60' 4 75' TOE OF UPLAND SLOPE(+17.5')TO FARM SITE(+3.0') PROPOSED FARM SITE;MLW(+3.0')TO EXTREME LOW WATER(-4.5') Reference Number Applicant Name:Troy Mead Proposed Project:Olympic Shellfish Farm Date:August 30,2023 Page 9 of 9 !. f 1 - jam.•- n ,� -. .. � ,Slid Looking West, red lines approximate parcel boundary Reference Number Applicant Name: Troy Mead Date:August 30,2023 Sheet 8 of 9 Proposed Project:Olympic Shellfish Oyster Farm Location:Pickering Passage,South Puget Sound t 4 Looking South, upper intertidal �l Looking North