Clean Water Act Permitting of Geoduck Farms

ECOLOGY ISSUES ITS FIRST

WATER QUALITY CERTIFICATION

- WITH CONDITIONS -

http://www.ecy.wa.gov/programs/sea/fed-permit/pdf/200701721%20WQC%208688.pdf

(click on link to download the 6Mb decision document)

 

August 1, the Department of Ecology issued the first Section 401 Water Quality Certification for a geoduck farm in Puget Sound, with conditions.  The Army Corps has yet to issue its Section 404 permit.  Both are required under the Clean Water Act for new farms, or, in this case, a previously unpermitted farm.

Trident Marine's Unpermitted Farm in July of 2007

 

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Trident Marine's farm (above) was installed without prior authorization in July of 2007. The resolution to the violation resulted in the removal of the 10,000 PVC tubes and netting. Of the 30,000 geoducks planted, the Corps allowed those surviving to remain (~15,000, worth ~$500,000). As it was a new farm, harvesting requires approval from the Department of Ecology and the Army Corps of Engineers (Note: Unlike Thurston County who requires permits, Mason County does not regulate geoduck farming.)

Pocket Estuary and Wetland Drainage in April 2007, Before Unpermitted Installation

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This intertidal tideland area exists in a wetland drainage area where the combination of salt and fresh water creates an ecosystem of unique value supporting many important species.  It is located at the south end of Pickering Passage where spawning habitat for the Squaxin Island population of Herring; Sand Lance; Surf Smelt; and, Rock Sole exist.  All utilize this area as an important food source, in turn helping to support the salmon population in south Puget Sound. 

The Department of Ecology has recognized the importance of this area and the potential for significant degradation of the water quality and habitat from the operation of this farm.    To address their concerns, some of the conditions include:

1.  The Certification will be rescinded if the Corps does not issue a Section 404 permit (required under the Clean Water Act). 

2.  WAC 173-201A-201(1)(e)(i) allows a radius of 150' to be temporarily impacted from the sediments disturbed during harvesting.  If measurements or observations note any disturbed sediments carried beyond this distance, harvesting must cease immediately.

3.  Compliance with regulations must be documented through observations and measurements at specific distances and at specific times with results submitted for review. 

4.  No work or storage is allowed at tidal elevations of +5 or higher, a point which must be marked on the property's lateral lines and must be visible at high tide.* 

5.  Dive harvesting is not allowed nor are "nursery bins."

6.  No channeling or redirecting of surface water entering the project area is authorized.

7.  All tubes, netting and bands must be made of  "marine-application" material and be permanently marked or tagged to identify Trident as the owner.

(Note:  See Ecology's authorization for further details.)

Ecology's role through the Clean Water Act permit has addressed some of the concerns expressed over many years about what impact geoduck farming has on Puget Sound's tidelands.  It is through the evolving regulatory framework these impacts will be minimized and a healthy Puget Sound ecosystem will be maintained.  Still not addressed is what impact contiguous multiple farms, operating at the same time, are having.  (See earlier post on Cumulative Impacts.)

*The presumption of tideland boundaries following the upland parcel lines is not correct.  Shown below is their more likely location.

(click to enlarge)