HomeMy WebLinkAboutSHX2021-00011 SHX2021-00010 - SHX Application - 3/3/2021 --------------
----NCY-----------
M ----------
� AGE USE ONLY '
O Ar Date received:
US Army Corps
WASHINGTON STATE Sea eostrid i
Agency reference#: 8� y'UopI
Joint Aquatic Resources Permit ,
�,2 � Tax Parcel#(s): ;
Application (DARPA) Form [
USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. '
i
--------------------------------------
i
Part 1—Project Identification
1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) [;
140 Strong Rd Buoy
Part 2—Applicant
The person and/or organization responsible for the project.
2a. Name (Last, First, Middle)
Welch, Nathan Allen
2b. Organization (If applicable)
NA
2c. Mailing Address (Street or PO Box)
140 East Strong Road
2d. City, State, Zip
Shelton Wa 98584
2e. Phone(1) 2f. Phone(2) 2g. Fax 2h. E-mail
360 296 3040 ( ) NA Nathanwelch.wa@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
• 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
19sourCucenterftarpa iaroa form/9984/laroa farm.aspY.
For other help,contact the Governor's Office for Regulatory Innovation and Assistance at(800)917-0043 or heloCcvoria.wa.gov.
JARPA Revision 2015.1 Page 1 of 15
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.) [, ]
3a. Name (Last, First, Middle)
Welch, Nathan, Allen
3b. Organization (If applicable)
NA
3c. Mailing Address (street or PO Box)
140 East Strong Road
3d. City, State, Zip
Shelton WA 98584
3e. Phone(1) 3f. Phone(2) 39. Fax 3h. E-mail
360 296 3040 ( ) NA Nathanwelch.wa@gmail.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. [neiu
X❑ 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 DARPA 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 ,; .._ , , chment 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(i) 4f. Phone(2) 4g. Fax 4h. E-mail
JARPA Revision 2015.1 Page 2 of 15
Part 5—Project Location(s)
Identifying information about the property or properties where the project will occur. [, ;
❑ There are multiple project locations (e.g. linear projects). Complete the section below and use
for each additional project location.
5a. Indicate the type of ownership of the property. (Check all that apply.) [
X❑ Private
❑ Federal
❑ Publicly owned (state,county, city, special districts like schools, ports, etc.)
❑ Tribal
❑ Department of Natural Resources (DNR) — managed aquatic lands (Complete "RFRh tt o e., > E)
5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.)
140 East Strong Road
5c. City, State; Zip (If the project is not in a city or town, provide the name of the nearest city or town.)
Shelton WA 98584
5d. County [
Mason
5e. Provide the section, township, and range for the project location.
'/4 Section Section Township Range
NE '/4 NE '/ Gov Lot 8 33 21 North 2 West
5f. Provide the latitude and longitude of the project location. [ ]
• Example:47.03922 N lat./-122.89142 W long. (Use decimal degrees-NAD 83)
See attached Map
5g. List the tax parcel number(s) for the project location. C )
• The local county assessor's office can provide this information.
22133-50-00013
5h. Contact information for all adjoining property owners. (►f you need more space, use.AR PA Attachment Q.) [L el._1
Name Mailing Address Tax Parcel #(if known)
Heacox TR Timothy J & Pamela G 132 E Strong Road 22133-78-90010
........................_................... .... ............
Shelton WA 98584
Kalbener ET AL, Kirk & Nancy 232 E Strong Road 22137-50-90124
................................_...........................----._.............- ---.............._...----.......
Shelton WA 98584
JARPA Revision 2015.1 Page 3 of 15
Si. List all wetlands on or adjacent to the project location. [
NA
5j. List all waterbodies (other than wetlands) on or adjacent to the project location.
Pickering Passage
5k. Is any part of the project area within a 100-year floodplain?
❑ Yes X❑ No ❑ Don't know
51. Briefly describe the vegetation and habitat conditions on the property. [,
Mud Flats, Tidal Flats
5m. Describe how the property is currently used. [ ;�
Houses, 1939 Est
5n. Describe how the adjacent properties are currently used. [
Vacation Homes
5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current
condition. 7
House parking garage barn boathouse dock ramps stairs gravel driveway concrete foundations settling ponds
for runoff.
5p. Provide driving directions from the closest highway to the project location, and attach a map. [_;
Head SE on Pickering, turn L onto E strong Road See attached Map
JARPA Revision 2015.1 Page 4 of 15
Part 6—Project Description
6a. Briefly summarize the overall project. You can provide more detail in 6b.
Install a buoy for a vessel.
6b. Describe the purpose of the project and why you want or need to perform it. [
I would like to install a buoy for a vessel for myself and visitors.
6e. Indicate the project category. (Check all that apply) [' ,;_I
❑ Commercial X❑ Residential ❑ Institutional ❑ Transportation ❑ Recreational
❑ Maintenance ❑ Environmental Enhancement
6d. Indicate the major elements of your project. (Check all that apply) [
❑ 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
❑ Boat Lift Measurement Device
❑ Dock/ Pier El Marina / Moorage
❑ Bridge ❑ Dredging ❑ Mining ❑ Stairs
❑ Bulkhead ❑ Fence Outtall Structure ❑ Stormwater facility
❑
X❑ Buoy ❑ FerryTerminal ❑ Swimming Pool
❑ Piling/Dolphin
❑ Channel Modification ❑ Fishway ❑ Raft ❑ Utility Line
❑ Other:
JARPA Revision 2015.1 Page 5 of 15
6e. Describe how you plan to construct each project element checked in 6d. Include specific construction
methods and equipment to be used. [; ; ]
• Identify where each element will occur in relation to the nearest waterbody.
• Indicate which activities are within the 100-year floodplain.
I would install a 5' earth anchor designed and sold for this purpose with 40' chain in 20' of water. I would attach
a white and blue buoy that you purchase for this from the marine store and attach the chain on both ends with
marine hardware cleats. The extra chain would allow for the anchor and tides to shift but not disturb the
substrate without pulling up the anchor. I would put on my scuba gear and anchor it on a nice low tide in the
summer;)
6f. What are the anticipated start and end dates for project construction? (Month/Year)
• If the project will be constructed in phases or stages, use -a PPA A tachment to list the start and end dates of each phase or
stage.
Start date:04/01/2021 End date: 09/31/2021 ❑ See JARPA Attachment D
6g. Fair market value of the project, including materials, labor, machine rentals, etc. [;
$300
6h. Will any portion of the project receive federal funding? [ , ,i
• 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.) [; ;;_
7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [
X❑ Not applicable
JARPA Revision 2015.1 Page 6 of 15
7b. Will the project impact wetlands?
❑ Yes X❑ No ❑ Don't know
7c. Will the project impact wetland buffers? [ l
❑ Yes X❑ No ❑ Don't know
7d. Has a wetland delineation report been prepared?
• If Yes,submit the report, including data sheets,with the JARPA package.
❑ Yes X❑ No
7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating
System? [ l
• If Yes,submit the wetland rating forms and figures with the JARPA package.
❑ Yes XEI No ❑ Don't know
7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [
• 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 X❑ Not applicable
7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was
used to design the plan. [ l
NA
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. [
Activity (fill, Wetland Wetland Impact Duration Proposed Wetland
drain, excavate, Name' type and area (sq. of impact3 mitigation mitigation area
flood, etc.) rating ft. or type (sq. ft. or
category' Acres) acres)
JARPA Revision 2015.1 Page 7 of 15
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.
3 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. [;
NA
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.
NA
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.)
❑ 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.
C; ;l
NA❑ Not applicable
JARPA Revision 2015.1 Page 8 of 15
The only disturbance to the area is the installation of the earth anchor. There is no vegetation present to disturb.
8b. Will your project impact a waterbody or the area around a waterbody?
X❑ Yes ❑ No
DARPA Revision 2015.1 Page 9 of 15
8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland
waterbodies? [ ]
• 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 X❑ Not applicable
There is no materials being moved or placed to affect any water bodies. There is no vegetation present to
disturb.
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. [ ]
NA
8e. Summarize impact(s) to each waterbody in the table below. [; ]
Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or
dredge, fill, pile name' location of impact3 (cubic yards) to be linear ft.) of
drive, etc.) placed in or waterbody
removed from directly affected
waterbody
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.
NA
JARPA Revision 2C15.1 Page 10 of 15
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.
NA
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.
Agency Name Contact Name Phone Most Recent
Date of Contact
WDFW Aquatic licensing 360 902 2464 4115/20
DOH Aquatic licensing 800 525 0127 4/15/20
Squaxin Tribe Attorney 360 432 1771 4/15/20
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? heir
• If Yes, list the parameter(s)below.
• If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at:
❑ Yes X❑ No
9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? s.e,1rJ
• Go to httr)://cfoub ena aov/surf/tocateAndex cfm to help identify the HUC.
17110019
9d. What Water Resource Inventory Area Number (WRIA#) is the project in? help
• Go to `:'.' vLlov/setvic� /gis/marls/vrrial�rriaE <<_ to find the WRIA#.
14
JARPA Revision 2015.1 Page 11 of 15
9e. Will the in-water construction work comply with the State of Washington water quality standards for
turbidity?
• Go to ht_cL11v ww.ecy.wa.ggyjgrgqrams/wo/swcts/criteria.htmI 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? [ ,
• If you don't know, contact the local planning department.
• For more information, go to
x ❑ Rural ❑ Urban ❑ Natural ❑ Aquatic ❑ Conservancy ❑ Other
9g. What is the Washington Department of Natural Resources Water Type?
• Go to 1r//wvvw_dnr wa c ov/forest-practices-wa 3;-tvpino for the Forest Practices Water Typing System.
X ❑ 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? [ ;]
• If No, provide the name of the manual your project is designed to meet.
X❑ Yes ❑ No
Name of manual:
9L Does the project site have known contaminated sediment?
• If Yes, please describe below.
❑ Yes X❑ No
9j. if you know what the property was used for in the past, describe below. ( ;
Farming shellfish, horses, garden tracts
9k. Has a cultural resource (archaeological) survey been performed on the project areas ( ...; �
• If Yes, attach it to your JARPA package.
❑ Yes X❑ No
JARPA Revision 2015.1 Page 12 of 15
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.
None
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.
None
Part 10—SEPA Compliance and Permits
Use the resources and checklist below to identify the permits you are applying for.
• Online Project Questionnaire at Ate//?pps.oria.-r a. a� _r/opal .
• Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 or
• For a list of addresses to send your JARPA to, click on
10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) (; ;
• For more information about SEPA, go to
❑ A copy of the SEPA determination or letter of exemption is included with this application.
❑ A SEPA determination is pending with (lead agency). The expected decision date is
❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 1Ob.) ( _
❑ 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.
JARPA Revision 2015.1 Page 13 of 15
10b. Indicate the permits you are applying for. (Check all that apply.) [;_ ;
LOCAL GOVERNMENT
Local Government Shoreline permits:
❑ Substantial Development ❑ Conditional Use ❑ Variance
x❑ 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
You must submit a check for $150 to Washington Department of Fish and Wildlife, unless your project qualifies
for an exemption or alternative payment method below. Do not send cash.
Check the appropriate boxes:
❑ $150 check enclosed. Check#
Attach check made payable to Washington Department of Fish and Wildlife.
❑ My project is exempt from the application fee. (Check appropriate exemption)
❑ HPA processing is conducted by applicant-funded WDFW staff.
Agreement#
❑ Mineral prospecting and mining.
❑ Project occurs on farm and agricultural land.
(Attach a copy of current land use classification recorded with the county auditor,or other proof of current land use.)
❑ Project is a modification of an existing HPA originally applied for, prior to July 10, 2012.
HPA#
Washington Department of Natural Resources:
x❑ Aquatic Use Authorization
Complete 'ARPA Aitacliment E and submit a check for$25 payable to the Washington Department of Natural Resources.
Do not send cash.
Washington Department of Ecology:
❑ Section 401 Water Quality Certification
FEDERAL GOVERNMENT
United States Department of the Army permits (U.S. Army Corps of Engineers):
❑ Section 404 (discharges into waters of the U.S.) x❑ Section 10 (work in navigable waters)
United States Coast Guard permits:
❑ Private Aids to Navigation (for non-bridge projects)
JARPA Revision 2015.1 Page 14 of 15
Part 11—Authorizing Signatures
Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form,
project plans, photos, etc. [, ,
11a. 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 authori e pe 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 ent�r�ng a property where the pr ' ct is located to inspect the project site or any work
related to the project. ��ll// (initial)
Applicant Printed Name Applicant Signature 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 out the proposed activities and I agree to start work
only after all necessary permits have been issued.
Authorized Agent Printed Name Authorized Agent Signature Date
11c. Property Owner Signature (if not applicant) [,_._ _1
Not required if project is on existing rights-of-way or easements.
I consent to the permitting agencies entering the property where the project is located to inspect the project site
or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the
landowner.
A)4 T 44 A A.) GG t(
Property Owner Printed Name Pr perty Owner Signature Date
18 U.S.0§1001 provides that:Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false,fictitious, or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false,fictitious, or fraudulent statement or
entry, shall be fined not more than$10,000 or imprisoned not more than 5 years or both.
If you require this document in another format,contact the Governor's Office for Regulatory Innovation and Assistance (ORIA) at(800)
917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call(877)833-6341.
ORIA publication number: ENV-019-09 rev. 09/2015
DARPA Revision 2015.1 Page 15 of 15
140 E STRONG ROAD BUOY PROJECT
BIOLOGICAL ASSESSMENT
C
140 EAST STRONG ROAD
9 SHELTON WA 98584
s
PROJECT REFERENCE #
q
BACKGROUND/FIISTORY
The purpose of this Biological Assessment is to address the effect of the 140 Strong Rd
buoy project on ESA-listed species, listed as endangered or threatened under the
Endangered Species Act(ESA), or their designated critical habitat. This Biological
Assessment hereafter(BA)is for installing a buoy through the Department Of The Army
Seattle District, Corps Of Engineers. The Department Of The Army Seattle District,
Corps Of Engineers is charged with the federal permit program to review projects that
may impact threatened or endangered species pursuant of the ESA. The ESA requires that
federal organizations do not fund or otherwise create actions that are likely to jeopardize
continued existence or of endangered or threatened species. So the US army corps in
conjunction with National fisheries service and U.S. Fish and Wildlife assess any
potential impacts of proposed work. The Department Of The Army Seattle District, Corps
Of Engineers is the primary contact who will then submit this BA to NMFS and USFWS.
BA is needed for this project because the project requires a permit from the US Army
Corps of Engineers (Corps). This constitutes a federal nexus requiring Section 7
consultation between the federal lead agency(Corps)and the U.S. Fish and Wildlife
Service (USFWS), and National Marine Fisheries Service(NMFS),based upon the
requirements set forth under Section 7 of the ESA(United States Code, 19 USC 1536
(0)•
The project involves installing a buoy at 140 East Strong Road Shelton WA Parcel
Number 22133-50-00013. It has the potential to impact the following ESA-listed species
that occur in the area: Bull Trout(Salvelinus confluentus) Marbled Murrelet(Brachyramphus
marmoratus marmoratus), Critical Habitats are Chinook Salmon
(Oncorhynchus tshawytscha) and Killer whale(Orcinus orca).
Early coordination and pre-consultation with the Service was conducted during a series of
site visits, meetings, and phone conversations including: I have consulted with the Corps,
USFW, Conservation Corps, Squaxin Tribe, Pacific Coast Shellfish Growers Association
as well as other farmers and my neighbors.
This BA prepared to address addresses the proposed action in compliance with Section 7
of the ESA. Section 7 assures that, through consultation(or conferencing for proposed
1
species)with the Service, federal actions do not jeopardize the continued existence of any
threatened, endangered or proposed species, or result in the destruction or adverse
modification of critical habitat.
The purpose of the proposed action is to establish a buoy and this might be overkill but I
have done the work. I want to get permission to install a buoy and show that my parcel
and project has low impact on critical habitat and threatened and endangered species.
This BA assesses the effects of the project on threatened and endangered species
resources in the Action Area and documents appropriate minimization measures for the
proposed action. Information on listed species and habitats occurring or potentially
occurring in the project area were provided by state and federal agencies NMFS and
USFWS lists of threatened, endangered, and proposed species were obtained from agency
web sites on February 14th 2021.
DESCRIPTION OF THE ACTION & ACTION AREA
The proposed action includes putting an earth anchor in the substrate and it should take 1-
2 days. There is no material removed or added in this method. This technique has
minimal impact on the tidal surface and creates habitat for intertidal species. Please see
attached maps. Project is proposed to start construction prior to fish spawning season
Prior to July.
Species and Habitats Agency/Data Source Data Provided
Endangered,threatened,rare,and Washington State Department of Natural No such species or communities occur in
sensitive plant species and high-quality Resources(WDNR) the project vicinity.
plant communities
Federally threatened and endangered USFWS Bull Trout Salvelinus confluentus,
plants,fish,and wildlife species Marbled Murrelet(Brachyramphus
marmoratus marmoratus)Critical
Habitats are Chinook Salmon
Oncorhynchus tshawytscha and Killer
whale Orcinus orca.
Federally threatened,endangered,and NMFS http://www.westcoast.fii Bull Trout Salvelinus confluentus,
proposed fish species sheries.noaa.gov/prote Critical Habitats are Chinook Salmon
cted_species/salmons Oncorhynchus tshawytscha and Killer
teelhead/salmon_and_ whale Orcinus orca.
steelhead_listings/salm
on_and_steelhead_listi ngs.html
Priority Habitats and Species(PHS) Washington State Department of Fish and No additional ESA listed or candidate
Wildlife(WDF species within the project vie nity.
The action area includes
subtidal Zone Indirect effect Creating new habitat
surface area
See attached maps
2
The following ESA-listed species occur within the action area, or may be affected by the
proposed action: Bull Trout(Salvelinus conJluentus),Marbled Murrelet
(Brachyramph us marmoratus marmoratus)
Critical habitat in the action area Chinook Salmon (Oncorhynchus tshawytscha) and
Killer whale(Orcinus orca).
Listed species & Critical habitat in the action area
Chinook Salmon Oncorhynchus tshawytscha
Puget Sound Chinook Salmon ESU ESA and Stock Status NMFS has completed
an ESA status review of Chinook salmon(Oncorhynchus tshawytscha)populations from
Washington, Oregon, Idaho, and California,and defined 15 evolutionarily significant
units (ESUs; each considered a species under the ESA)within the region. Naturally
spawned spring, summer/fall, and fall Chinook salmon runs from the Puget Sound ESU
were considered likely to become endangered in the foreseeable future(Myers et al.,
1998).
The abundance of Chinook salmon in the Puget Sound ESU has declined
substantially from historical levels, and there is concern over the effects of hatchery
supplementation on genetic fitness of stocks, as well as severely degraded spawning and
rearing habitats throughout the area(Myers et al., 1998). In addition, harvest exploitation
rates in excess of 90 percent were estimated to occur on some Puget Sound Chinook
salmon stocks. Subsequent to this status review,NMFS issued a ruling in May 1999
listing the Puget Sound ESU as threatened(NMFS, 1999).
Primary factors contributing to declines in Chinook salmon in the Puget Sound
ESU include habitat blockages, hatchery introgression,urbanization, logging, hydropower
development, harvests, and flood control and flood effects (NMFS, 1998). Life History
The life history of Puget Sound Chinook salmon is described in detail in NOAA
Technical Memorandum NMFS-NWFSC-35 Status Review of Chinook Salmon from
Washington, Idaho, Oregon, and California(Myers et al., 1998) and is included herein by
reference.
This information has been summarized to assist in the discussion of effects related
to the proposed action, and is included in Puget Sound Chinook Salmon ESU Life
History NMFS completed a status review of Chinook salmon populations from
Washington, Oregon, Idaho, and California and defined 15 evolutionarily significant units
(ESUs)within the region.Naturally spawned spring, summer/fall, and fall Chinook
salmon runs from the Puget Sound ESU were considered likely to become endangered in
the foreseeable future (Myers et al., 1998).NMFS issued a ruling in May 1999 listing the
Puget Sound ESU as threatened(NMFS, 1999).
Chinook salmon have a historic range from the Ventura River in California to
Point Hope,Alaska in North America; and from Hokkaido, Japan to Anadyr River in
Russia(63 Federal Register 45 and Myers et al., 1998). The abundance of Chinook
salmon in the Puget Sound ESU has declined substantially from historic levels, and there
is concern over the effects of hatchery supplementation on genetic fitness of stocks, as
well as severely degraded spawning and rearing habitats throughout the area(Myers et al.,
1998).
In addition,harvest exploitation rates in excess of 90 percent were estimated to
occur on some Puget Sound Chinook salmon stocks. Subsequent to this status review,
primary factors contributing to declines in Chinook salmon in the Puget Sound ESU were
identified as habitat blockages,hatchery introgression, urbanization, logging,hydropower
development, harvests, and flood control (NMFS, 1998). Chinook require varied habitats
during different phases of their life. Spawning habitat typically consists of riffles and the
tail outs of pools with clean substrates dominated by cobbles. These habitats are located
in the mainstream of rivers and large tributaries. Adult Chinook salmon spawn in
freshwater streams in the late summer and fall. Fry emerge in the late winter and early
spring. Juvenile Chinook rear in the lower main stem of rivers and tributaries before
entering the estuary and salt marshes (Myers et al., 1998).
Typically, fall Chinook fry(also termed"ocean type Chinook") feed for a short
period after emergence (a few days to several months) and then migrate to the ocean or
remain in the lower river for a year(Wydoski and Whitney, 1979; Healey 1991). Spring
Chinook fry ("stream type") Chinook may rear in fresh water over the summer and may
migrate to the ocean in the fall, or may overwinter in fresh water and out migrate the
following spring. Most juvenile Chinook in the Puget Sound Basin are expected to smolt
within the first year after emergence. During the summer and autumn, stream type
Chinook juveniles commonly rear in habitats with cover provided by brush and woody
debris. In winter,juvenile Chinook frequently use boulder pockets along stream margins
for cover(Hillman et al., 1989). Juvenile Chinook may rear in freshwater from three
months to two years (63 Federal Register 45; Weitkamp et al., 1995); however, Chinook
generally migrate to salt water in the spring and summer. After outmigration to estuarine
and saltwater habitats, Chinook tend to utilize estuaries and coastal areas for rearing,
where they feed on small crustaceans and insects (Wydoski and Whitney, 1979; Healey,
1991). As juveniles grow,they tend to eat more larval and juvenile fishes, including
herring, anchovies, pilchard, and rockfish. Most Chinook spend from two to four years
feeding in the North Pacific before returning to spawn. Adult Chinook salmon return to
spawn in their natal streams from mid-May through October(Myers et al., 1998).
Chinook salmon die after spawning.
This project will not result in long-term, permanent impacts to Puget Sound
Chinook salmon. Scheduling construction to occur during approved work windows and
during periods when the tide is below the intertidal area will minimize impacts to salmon.
Construction activities that will occur below ordinary high water will likely have short
terns impacts on salmonoids that may be present in the area during that time. However,
4
project impacts are likely to be insignificant because of their localized and temporary
nature and the existing environmental conditions of the site(i.e., lack of eel grass, lack of
forage-fish spawning, lack of cover and habitat complexity). Therefore, it is concluded
that this project may affect,but is not likely to adversely affect, Puget Sound Chinook
salmon.
Bull Trout Salvelinus confluentus
Coastal-Puget Sound Bull Trout DPS The Coastal-Puget Sound bull trout
(Salvelinus confluentus) distinct population segment(DPS) is composed of 34
subpopulations (USFWS, 1998b; USFWS, 1999). In 1998, USFWS completed a status
review of bull trout, identifying five DPSs in the continental U.S. (USFWS 1998a).
USFWS listed bull trout in the Coastal-Puget Sound DPS as threatened under the ESA on
November 1, 1999 (USFWS, 1999). Similarly,Dolly Varden(Salvelinus malma)was
proposed for listing as endangered by the USFWS in 2001 (66 Federal Register 6) due to
similarity of appearance with bull trout and because they occur together only within the
area occupied by the Coastal-Puget Sound bull trout DPS.
A designation of threatened or endangered under the similarity of appearance
provisions of the ESA extends the take prohibitions of Section 9 to cover the species.
However,under section 4(e) of the ESA, a designation of threatened or endangered due to
similarity of appearance, does not extend other protections of the ESA, such as the
consultation requirements for federal Page 20 January 2015 agencies under section 7 of
the ESA. Although not formally discussed in this document,the effects of the action upon
Dolly Varden are anticipated to be similar to that of bull trout. Life History The life
history of the Coastal-Puget Sound Bull Trout DPS is described in the Endangered and
Threatened Wildlife and Plants: Determination of Threatened Status for Bull Trout in the
Coterminous U.S.; Final Rule (USFWS, 1999) and the Draft Recovery Plan for the
CoastalPuget Sound Distinct Population Segment of Bull Trout(USFWS,2004) and is
included herein by reference. Our farm has limited forging opertunities as listed on
WDFW website forge fish spawning map.
ht!p://wdfw.mgps.arcgis.com/hoi,icr"v,cbi,iai)/viewer.html?webnia-o=l9b f74e2d4I470cbd.
80bIaf8dedd6b3&extent=-126.1368,45.6684r -119.6494,49.0781 for limited foraging
opportunities and the project area likely offers limited foraging due to habitat conditions.
As construction related activities will occur outside of designated critical habitat for the
Coastal-Puget Sound bull trout, assessment of project related direct or indirect effects
upon critical habitat are not warranted.
USFWS-designated critical habitat of Coastal-Puget Sound bull trout protects
populations residing in the Olympic Peninsula and Puget Sound(50 CFR Part 17). The
action area for this project is located within critical habitat unit 28, Puget Sound, and
subunit xiii,marine and estuarine shoreline. These shorelines fall into two categories:
R:\0226.01\Report\Ol_Biological Evaluation 4.20.07\Rf-Biological Evaluation.doc Rev.
0,4/20/07 5-10 1. The eastern shoreline of the northern Puget Sound, including
associated bay, and Swinomish Channel from the Canadian border to Harbor Parks
5
(Fidalgo Island),to Nisqually Head at the southern end of the Nisqually Delta 2. The
shoreline of Lummi Island, Guemes Island, Whidbey Island, Hope Island, Goat Island,
Gedney Island, and Vashon Island. The project action area is not located in these
designated geographic areas.If bull trout were to occur in the area,potential direct and
indirect effects would be similar to those for Puget Sound Chinook salmon, discussed
earlier.
Killer whale Orcinus orca
Critical Habitat for the Southern Resident DPS of Killer Whales Critical habitat
for the Southern Resident killer whale DPS was published November 29,2006 (71 FR
69054). Critical habitat includes approximately 2,560 square miles of inland waters in
three specific areas: 1)the Summer Core Area in Haro Strait and waters around the San
Juan Islands; 2)Puget Sound; and 3)the Strait of Juan de Fuca. Based on the natural
history of the Southern Residents and their habitat needs,NMFS identified the following
physical or biological features (i.e., PCEs)essential to conservation: (1)water quality to
support growth and development; (2)prey species of sufficient quantity, quality, and
availability to support individual growth,reproduction and development, as well as
overall population growth; and (3)passage conditions to allow for migration, resting, and
foraging.
While the seasonal movements of killer whales are not well known, in the
summer the three pods (J, K, and L) of the Southern Resident population are typically
found in Georgia Strait,the Strait of Juan de Fuca, and the outer coastal waters of the
continental shelf. The J pod typically moves into Puget Sound in the fall; sightings in the
southern end of Puget Sound have occurred between October and January(NMFS,2006).
Killer whales have not been observed in Oakland Bay. Between 1990 and 2003, the
Whale Museum recorded seven whale sightings at the intersection of Pickering Passage
and Hammersley Inlet. All seven sightings occurred in the months of November and
December(Whale Museum,2004). Due to the intertidal depth of the proposed project the
impact would not have an affect critical habitat for the killer whale.
Marbled Murrelet(Brachyramphus marmoratus marmoratus
Status The marbled murrelet is listed as Threatened
Designated Critical Habitat for marbled murrelet includes old-growth forests with
potential nesting platforms, as well as other suitable nesting areas,that are surrounded by
at least 0.5 mile of forested areas (50 CFR Part 17).No critical habitat has been
designated near the project area. Distribution in Project Area There are no documented
marbled murrelet occupancy sites or appropriate nesting habitats in the project action
area. WDFW priority habitat and species maps indicate that there have been no
documented marbled murrelet sightings or nest sites within 1 mile of the project site
(WDFW,).
6
Direct and Indirect Effects Potential direct effects to marbled murrelet are short-
term localized effects of turbidity on prey fish.No forage-fish spawning areas have been
identified in the vicinity of the project site, so there should be no significant impacts to
marbled murrelet prey. Indirect effects would include enhanced habitat for prey fish
species. These longer-term impacts would result from creating habitat. Effects
Determination Since there have been no documented observations of marbled murrelets
in the project action area and the area lacks suitable habitat,this project will have no
impact on murrelet individuals or populations.
In the unlikely event that marbled murrelets forage near the project site, it is
assumed that they would be habituated to the noise and human activity of the area. The
short-term, localized direct effects and the beneficial indirect effects of the project will
not create a significant adverse impact on prey species of marbled murrelet. Therefore, it
is concluded that this project will have no effect on marbled murrelets.
Essential Fish Habitat Evaluation
In accordance with the requirements of the Magnuson-Stevens Fishery
Conservation Act, the potential impacts of the proposed action on Essential Fish Habitat
(EFH) have been assessed. EFH is defined by the Act as "those waters and substrate
necessary to fish for spawning,breeding, feeding, or growth to maturity."The project
area includes designated EFH for various salmonid and groundfish species. Potential
Effects on EFH The habitat conditions in Pickering Passage are degraded by historical
and current activities associated with the timber industry and urbanization. The existing
shoreline next to the project site and adjacent areas is hardened by bulkheads or riprap
and lacks overhanging vegetation.
There is no sub-tidal vegetation in the project site. The near shore substrate in the
immediate is predominantly a mixture of sand,mud, and wood debris,which is not
typically productive for epibenthic organisms or forage fish. There are no identified
forage-fish spawning areas in the project area(USFW). The construction impacts will be
short in duration and localized in impact to EFH. In the long term,there will be benefits
to EFH by creating some habitat in the intertidal zone and having filter feeders in the
water body. The existing habitat conditions do not provide high-quality habitat for the
various life stages of salmonids and groundfish species. Juvenile and adult salmon rear
and migrate through the project action area.
The mud and sand substrate may provide habitat for juvenile groundfish. The EFH
for all of these species is degraded lack of aquatic vegetation, and lack of forage-fish
spawning areas. Construction of bulkheads along natural shorelines creates a variety of
impacts to dynamic physical processes of the shoreline. Washington Department of Fish
and Wildlife. These impacts are not significant in this case because the surrounding
properties have hardened shorelines. Relative to the existing conditions,the expected
short-term impacts of the proposed action on EFH are expected to be insignificant and/or
discountable, and are expected not to adversely affect EFH for Pacific salmon and
groundfish species. In the long term,the project should provide some enhancement of
EFH for salmonids and groundfish.
7.0 CONCLUSIONS
SPECIES FEDRAL STATUS EFFECTS
DETERMINATION
SCIENTIFIC NAME COMMON NAME FEDRAL STATUS EFFECTS
DETERMINATION
SALVELINUS BULL TROUT THREATENED NLTAA
CONFLUENTUS (COASTAL-PUGET
SOUND DPS
BRACHYRAMP14US MARBLED THREATENED NO EFFECT
MARMORATUS MURRELET
MARMORATUS
Orcinus orca Killer whale ENDANGERED NO EFFECT
(SOUTHERN
RESIDENT
POPULATION DPS)
Oncorhynchus CHINOOK SALMON THREATENED NLTAA
tshawytscha (PUGET SOUND
ESU)
NOTES:
SOURCE:ACQUIRED THIS SPECIES LIST THROUGH A SEARCH OF THE NOAA SPECIES
LIST WEB SITE ON MARCH 14,2016 AND THE USFWS SPECIES LIST WEB SITE ON
MARCH 14,2016
DPS=DISTINCT POPULATION SEGMENT.
ESU=EVOLUTIONARILY SIGNIFICANT UNIT.
NLTAA=NOT LIKELY TO ADVERSELY AFFECT.
NMFS=NATIONAL MARINE FISHERIES SERVICE.
NOAA=NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
USFWS=U.S.FISH AND WILDLIFE SERVICE.
In conclusion,we have determined that the proposed action may affect, but is not
likely to adversely affect and has no affect. (refer to diagram above)the existing habitats
or future habitats of the above species. The following ESA-listed species occur within the
action area, or may be affected by the proposed action:
8
Bull Trout Salvelinus confluentus, Marbled Murrelet(Brachyramphus marmoratus
marmoratus.
Critical habitat in the action area Chinook Salmon Oncorhynchus tshawytscha and Killer
whale Orcinus orca Service.
8.0 LITERATURE CITED
Federally threatened and endangered plants,fish, and wildlife species
http•//www fws gov/endanp,ered/consultations/s7hndbk/s7hndbk.htm
Federally threatened, endangered,and proposed fish species NMFS
http•//wdfw maps arcgis com/home/webmap/viewer html?webmap=1968f74e2d4l470cbd
80b1af8dedd6b3&extent=-126.1368 45.6684,-119.6494,49.0781
Priority Habitats and Species (PHS) (map
http://ecos f vs.govlipaclprojectl4EQNBIZBCBEALGGHUVBL72HVTE/resources
ftp://ftp.cob.org/outgoing/Co rnwallPark/CORNWALLPARK/SQ UALICUMPROJECT/Ba
ytoBaker%20Full%20CAO%20Report%201.12.15%20(Rev%2002_19 1 S)/Attachments
%20for%20CAO%20Report/Attachment%20E%20-
%20BTB%20Biological%20Assessment.pdf
http;//www.portofshelton.comldownloadsIRf-Biological%20Evaluation.pdf
Mason Conservation District. 2004. Salmon habitat protection and restoration plan for
WRIA 14, Kennedy-Goldsborough. 115.
NMFS. 2006. Designation of critical habitat for southern resident killer whales:
biological report.National Marine Fisheries Service,Northwest Region.
USFWS. 1997. Recovery plan for the threatened marbled murrelet Pacific
(Brachyramphus marmoratus marmoratus) in Washington, Oregon, and California. U.S.
Fish and Wildlife Service, Portland, Oregon.
WDFW. 2002. Salmonid stock inventory 2002. http://wdfw.wa.gov/fish/sasi/ (March 29,
2007). WDFW. 2007. Priority habitat and species map.
Washington Department of Fish and Wildlife. April 4. Whale Museum. 2004. Southern
resident killer whale sighting compilation report 1990-2003. Friday Harbor, Washington.
9
,1 I�
rTl
j�f c
f, tv f
! 1
(cZ
t� v
i• -
1, -•j f 1
f
1�
i/
r
I .
f '
: Z
:, C
� W
CD
o
0l ,
N -n < r•C
o m m O
3 O Cn -
N o
r
CPD
O
m
N � Q
+
4.
� \J
r �
O
+ O O
m
Cf) a
o O
O p
+ o
L O o
+ 3
c m
Er
D o
� Q
o0 4a o
A a6�sd A
(D A O m
v
rQ
m O
co
v I +
co k
w a3 , D PL
- , 7
N co CD
Ln O
00 :3m
°° D
A
Gt +
ib
OD
OD
CL A
N
n> p
O
3 m
A
!y
07 N
0
N
d o
U
d a
N �7
x
X
rQ
CIl rn
N co
N (.
m pco
�J\
�Q
Q. 3
x
W
m f-T I
N
co
0
v �
o
Ll 'll
o .
t �
rCD
n' " +- P
rn s o C
Z
� te i-
Of
CD
co
CD -�
O @3�
co
V
3 1�'1
cri
N G fJ1
NO SO
A � A
X c)
C-1 c0
W
C07 ID
_ o
0
x
o
O m •�.�
O C •N
(n
O
N ^L T 'p m
.y O_
N (r O W
O.
A
N
CD
a f
a 1 CL
d
N � �
m 1
; U o
c
Y � jil
N
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013
PROPOSED PROJECT: Install a Buoy APPLICANT: Nathan Welch LAT/LONG: 47°16'8.36"N 122'
55'45.91"W 470 16' 11.75N 122" 55' 45.73"W 470 16' 11.49"N 1220 55' 40.9 "W 47 16'
8.41"N 1220 55' 41.06"W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox TR
Timothy J & Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk & Nancy/22133-78-90010
PAGE#1 OF 4 it: (2/14/20161
Site / Vicinity Map
g a' al
cg�[ € g
o S $S mee r
uC 3 � y _•••_—p�Y UNOYlt•_._.__
x
k g U
F!! - f
y. g•� @ E14
go agog '
Q - ymd 8 Si
1.23 0. L:.
f1 � 'ra g•% �& z�sgg S$�"
f •� n' ai' g�xrzrnrorcns fie' ; _
6 t� t0303NM"MOS.0— 0330
_A
.! 3
ga,
r _ _
ti 3 SECOND CLASS TIDELANDSo
Ie
M !�_1
i 2 RX �
'�a
g I(?S
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013 j
PROPOSED PROJECT: Install a Buoy APPLICANT: Nathan Welch LAT/LONG: 47'16'8.36"N 122' 1
55'45.91"W 47° 16' 11.75N 1220 55'45.73"W 47016' 11.49"N 1220 55' 40.9 "W 470 16'
8.41"N 122" 55' 41.06"W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox TR
Timothy J & Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk & Nancy/22133-78-90010
PAGE# 2 OF 4 #: (3/14/2016)
47°16' 142119 6. N T" 470 16` 11.75N
8.3611N1220 -
55'45.91"W L S � 09 1220 55'
b�LOT A 0 45.73"W
Ar
31
LAX."It op EW LOW UAW
MAI
SECOND TIDELANDS
ej
1
Cn
470 16' >
11.49"N 1220 C., -=t 470 16' 8.41"N
55' 40.9 "W �n �" 1220 55' 41.06"W
co
Plan View
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013
PROPOSED PROJECT: : Install a Buoy APPLICANT: Nathan Welch LAT/LONG : 47016'8.36"N
1220 55'45.91"W 47° 16' 11.75N 1220 55'45.73"W 470 16' 11.49"N 1220 55' 40.9 "W 470
16' 8.41"N 1220 55' 41.06"W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox
TR Timothy J & Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk & Nancy/ 22133-78-
90010 PAGE# 3 OF 4 #: (3/14/2016)
4 t..
�. c
' MHHW t
a'f
Aw
'ECOND CLASS TIOpLAN
Cn
\ M . ..
a
Proposed Work
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013 j
PROPOSED PROJECT: : Install a Buoy APPLICANT: Nathan WelchLAT/LONG: 47'16'8.36'N122'
/
55 45.91 W 470 16 11.75N 1220
55 45.73f W 470
16 11.491 N 1220
55 40.9 W 470 16
8.41"N 1220 55' 41.06"W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox TR
Timothy J & Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk& Nancy/ 22133-78-90010
PAGE# 4 OF 4 M (3/14/2016)
?'rd 1.ON
MHHW
A LOT a.. -�
yr; .. MLLW+7'
>
-1 cur-
MLLW+6' c
M LLW +5' -F
M
'..°�Y�wp� ..-- *- MLLW+4'
f 3- yam•
f"� er'r" '� emu► .s s. .,o:m -.+.ter 'yw. tY.
MLLW +3'
"SECOND CLASS TIDE
Ell 6
MLLW +2' ` 4:
Q� a C> gs
4
* a F
as zr+ry f
'U fi ...
> ....
MLLW +1'
MLLW
ZONE
Elevation View
r —
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013
PROPOSED PROJECT: Install a Buoy APPLICANT Nathan Welch LAT/LONG : 47'16'5.36"N 122'
SS'45.91"W 47° 16' 11.75N 1220 55' 45.73"W 47° 16' 11.49"N 1220 55' 409 "W 47016, '
8.41"N 1220 55' 41.06"W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox TR
Timothy J & Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk & Nancy/ 22133-78-90010
PAGE# 4 OF 4 it: (3/14/2016)
IR
3 Y `
8 &
i
I
1
t
x s
c
Photo Of Site
---------------------------------------
AGENCY USE ONLY
i
"� ' Date received:
US Army Corps
WASHINGTON STATE sof ea egDs60tric's
Joint Aquatic Resources Permit Agency reference#:IL2021-Od6lU
,12 Tax Parcel#(s):
Application (JARPA) Form
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) [! ]
140 Strong Rd float
Part 2—Applicant
The person and/or organization responsible for the project. [ ]
2a. Name (Last, First, Middle)
Welch, Nathan Allen
2b. Organization (If applicable)
NA
2c. Mailing Address (Street or PO Box)
140 East Strong Road
2d. City, State, Zip
Shelton Wa 98584
2e. Phone(1) 2f. Phone(2) 2g. Fax 2h. E-mail
360 296 3040 ( ) NA Nathanwelch.wa@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
• 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
-,,.eaennittin .�,va.gov/site!aligs resourcecenter/iarpa iarpa form/9984/jarpa form.aspx.
For other help,contact the Governor's Office for Regulatory Innovation and Assistance at(800)917-0043 or nelpC8,oria.wa.goE..
JARPA Revision 2015.1 Page 1 of 15
r
art 3—Authorized Agent or Contact
rson authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b of this
plication.)
3a. Name (Last, First, Middle)
Welch, Nathan, Allen
3b. Organization (If applicable)
NA
3c. Mailing Address (street or Po sox)
140 East Strong Road
3d. City, State, Zip
Shelton WA 98584
3e. Phone(1) 3f. Phone(2) 39. Fax 3h. E-mail
360 296 3040 ( ) NA Nathanwelch.wa@gmail.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. [
X❑ 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 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 jr RP-A Attachment E
to apply for the Aquatic Use Authorization,
4a. Name (Last, First, Middle)
4b. Organization (If applicable)
4c. Mailing Address (Street or Po sox)
4d. City, State, Zip
4e. Phone(1) 0. Phone(2) 4g. Fax 4h. E-mail
JARPA Revision 2015.1 Page 2 of 15
Part 5—Project Location(s)
Identifying information about the property or properties where the project will occur. Leel ]
❑ There are multiple project locations (e.g. linear projects). Complete the section below and use :``^,RPA
for each additional project location.
5a. Indicate the type of ownership of the property. (Check all that apply.) hel
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.) hel
140 East Strong Road
5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [! ]
Shelton WA 98584
5d. County [- ]
Mason
5e. Provide the section, township, and range for the project location. [
'/4 Section Section Township Range
NE % NE % Gov Lot 8 33 21 North 2 West
5f. Provide the latitude and longitude of the project location. [ ]
• Example:47.03922 N lat.1-122.89142 W long. (Use decimal degrees-NAD 83)
See attached Map
5g. List the tax parcel number(s) for the project location.
• The local county assessor's office can provide this information.
22133-50-00013
5h. Contact information for all adjoining property owners. (►f you need more space, use fAF41A Attachne;-,�
Name Mailing Address Tax Parcel #(if known)
Heacox TR Timothy J & Pamela G 132 E Strong Road 22133-78-90010
Shelton WA 98584
Kalbener ET AL, Kirk & Nancy 232 E Strong Road 22137-50-90124
Shelton WA 98584
JARPA Revision 2015.1 Page 3 of 15
5i. List all wetlands on or adjacent to the project location. [Lgl J
NA
5j. List all waterbodies (other than wetlands) on or adjacent to the project location.
Pickering Passage
5k. Is any part of the project area within a 100-year floodplain? [,
❑ Yes X❑ No ❑ Don't know
51. Briefly describe the vegetation and habitat conditions on the property.
Mud Flats, Tidal Flats
5m. Describe how the property is currently used.
Houses, 1939 Est
5n. Describe how the adjacent properties are currently used. [ ,
Vacation Homes
5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current
condition. [,;; ;]
House parking garage barn boathouse dock ramps stairs gravel driveway concrete foundations settling ponds
for runoff.
5p. Provide driving directions from the closest highway to the project location, and attach a map. [ >,
Head SE on Pickering, turn L onto E strong Road See attached Map
Part 6—Project Description
JARPA Revision 2015.1 Page 4 of 15
6a. Briefly summarize the overall project. You can provide more detail in 6b.
Install a float for boats/kids/fishing for neighborhood.
6b. Describe the purpose of the project and why you want or need to perform it.
I would like to install a Float for a vessel for myself and visitors.
6c. Indicate the project category. (Check all that apply)
❑ Commercial X❑ Residential ❑ Institutional ❑ Transportation ❑ Recreational
❑ Maintenance ❑ Environmental Enhancement
6d. Indicate the major elements of your project. (Check an that apply) �. )
❑ Aquaculture ❑ Culvert x❑ 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
❑ Bulkhead El Stormwater facility
❑ Fence ❑ Outfall Structure
❑ BuoySwimming Pool
❑ Ferry Terminal ❑ Piling/Dolphin
❑ Utility Line
❑ Channel Modification ❑ Fishway ❑ Raft
❑ Other:
DARPA Revision 2015.1 Page 5 of 15
6e. Describe how you plan to construct each project element checked in 6d. Include specific construction
methods and equipment to be used. [ ;, ;;]
• Identify where each element will occur in relation to the nearest waterbody.
• Indicate which activities are within the 100-year floodplain.
I would install a 5' earth anchor designed and sold for this purpose with 40' chain in 20' of water. I would attach
both ends of the chain on both ends with marine hardware cleats. The extra chain would allow for the anchor
and tides to shift but not disturb the substrate without pulling up the earth anchor. I would put on my scuba gear
and anchor it on a nice low tide in the summer;)
6f. What are the anticipated start and end dates for project construction? (MonthNear)
• If the project will be constructed in phases or stages, use to list the start and end dates of each phase or
stage.
Start date:04/01/2021 End date: 09/31/2021 ❑ See JARPA Attachment D
6g. Fair market value of the project, including materials, labor, machine rentals, etc. [ ]
$300
6h. Will any portion of the project receive federal funding? [ ]
• 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.) [ ,;!. ]
7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [;
X❑ Not applicable
71b. Will the project impact wetlands? bel
JARPA Revision 2015.1 Page 6 of 15
❑ Yes X❑ No ❑ Don't know
7c.Will the project impact wetland buffers? [.
❑ Yes X❑ No ❑ Don't know
7d. Has a wetland delineation report been prepared? [ ,a
• If Yes,submit the report, including data sheets,with the JARPA package.
❑ Yes X❑ No
7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating
System? [, :]
• If Yes,submit the wetland rating forms and figures with the JARPA package.
❑ Yes X❑ No ❑ Don't know
7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [
• If Yes, submit the plan with the DARPA package and answer 7g.
• If No,or Not applicable,explain below why a mitigation plan should not be required.
❑ Yes ❑ No X❑ Not applicable
7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was
used to design the plan. [ ;;
NA
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. [ ;,]
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
categorys 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.
3 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)
JARPA Revision 2015.1 Page 7 of 15
Page number(s) for similar information in the mitigation plan, if available:
7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic
yards that will be used, and how and where it will be placed into the wetland. (;
NA
x
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.
NA
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.) [;
❑ 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.
NA❑ Not applicable
The only disturbance to the area is the installation of the earth anchor. There is no vegetation present to disturb.
8b. Will your project impact a waterbody or the area around a waterbody?
X❑ Yes ❑ No
JARPA Revision 2015.1 Page 8 of 15
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.
NA
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.
Agency Name Contact Name Phone Most Recent
Date of Contact
WDFW Aquatic licensing 360 902 2464 4/15/20
DOH Aquatic licensing 800 525 0127 4/15/20
Squaxin Tribe Attorney 360 432 1771 4/15/20
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?
• If Yes, list the parameter(s) below.
• If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at:
❑ Yes X❑ No
9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in?
• Go to , .rov/surf/loci i. to help identify the HUC.
17110019
9d. What Water Resource Inventory Area Number (WRIA#) is the project in? [,;
• Go to tti)://-,ri v.ecy.wa.goviservices/gis/ma s/vp aria/wria.htr�to find the WRIA#.
14
JARPA Revision 2015.1 Page 11 of 15
8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland
waterbodies?
• 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 X❑ Not applicable
There Is no materials being moved or placed to affect any water bodies. There is no vegetation present to
disturb.
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. [
NA
8e. Summarize impact(s) to each waterbody in the table below.
Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or
dredge, fill, pile name' location of impact3 (cubic yards) to be linear ft.) of
drive, etc.) placed in or waterbody
removed from directly affected
waterbody
If no official name for the waterbody exists,create a unique name(such as"Stream 1")The name should be consistent with other documents provided.
2Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent,provide the distance between the impact and the waterbody and
indicate whether the impact will occur within the 100-year flood plain.
3 Indicate the days,months or years the waterbody will be measurably impacted by the work. Enter"permanent'if applicable.
8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards)
you will use, and how and where it will be placed into the waterbody. [ ;�
NA
JARPA Revision 2015.1 Page 10 of 15
9e. Will the in-water construction work comply with the State of Washington water quality standards for
turbidity? LLg
• Go to'�ffp L\wa,l ec /tr e,1 fcftaria_htm!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? [. , ]
• If you don't know, contact the local planning department.
• For more information, go to:
x ❑ Rural ❑ Urban ❑ Natural ❑ Aquatic ❑ Conservancy ❑ Other
9g. What is the Washington Department of Natural Resources Water Type? [
• Go to ittpJJvrvvw ; -yPi11 for the Forest Practices Water Typing System.
X ❑ 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? [
• If No, provide the name of the manual your project is designed to meet.
X❑ Yes ❑ No
Name of manual:
GIL Does the project site have known contaminated sediment? [ _,
• If Yes, please describe below.
❑ Yes X❑ No
9j. If you know what the property was used for in the past, describe below.
Farming shellfish, horses, garden tracts
91k. Has a cultural resource (archaeological) survey been performed on the project area?
• If Yes,attach it to your JARPA package.
❑ Yes X❑ No
JARPA Revision 2015.1 Page 12 of 15
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.
None
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.
None
Part 10—SEPA Compliance and Permits
Use the resources and checklist below to identify the permits you are applying for.
• Online Project Questionnaire at
• Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 or help a❑oria.wa.aov.
• For a list of addresses to send your DARPA to, click on _� ency dfgsses for completed DARPA.
10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.)
• For more information about SEPA,go to �r .ecy.wa.cioy/program+slsea/sepafe-review.htrni.
❑ A copy of the SEPA determination or letter of exemption is included with this application.
❑ A SEPA determination is pending with (lead agency). The expected decision date is
❑ 1 am applying for a Fish Habitat Enhancement Exemption. (check the box below in 10b.) _ ;...�
❑ 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.
JARPA Revision 2015.1 Page 13 of 15
IOb. Indicate the permits you are applying for. (Check all that apply.) [,'.; ]
LOCAL GOVERNMENT
Local Government Shoreline permits:
❑ Substantial Development ❑ Conditional Use ❑ Variance
x❑ 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 Forn;
You must submit a check for $150 to Washington Department of Fish and Wildlife, unless your project qualifies
for an exemption or alternative payment method below. Do not send cash.
Check the appropriate boxes:
❑$150 check enclosed. Check#
Attach check made payable to Washington Department of Fish and Wildlife.
❑My project is exempt from the application fee. (Check appropriate exemption)
❑ HPA processing is conducted by applicant-funded WDFW staff.
Agreement#
❑ Mineral prospecting and mining.
❑ Project occurs on farm and agricultural land.
(Attach a copy of current land use classification recorded with the county auditor, or other proof of current land use.)
❑ Project is a modification of an existing HPA originally applied for, prior to July 10, 2012.
HPA#
Washington Department of Natural Resources:
x❑ Aquatic Use Authorization
Complete ,!;fkRPA Attachment E and submit a check for$25 payable to the Washington Department of Natural Resources.
Do not send cash.
Washington Department of Ecology:
❑ Section 401 Water Quality Certification
FEDERAL GOVERNMENT
United States Department of the Army permits (U.S. Army Corps of Engineers):
❑ Section 404 (discharges into waters of the U.S.) x❑ Section 10 (work in navigable waters)
United States Coast Guard permits:
❑ Private Aids to Navigation (for non-bridge projects)
JARPA Revision 2015.1 Page 14 of 15
Part 11—Authorizing Signatures
Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form,
project plans, photos, etc. [,;;,;-]
11a. 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 authorise t e agent named in Part 3 of this application to act on my behalf in matters related to this
application. ICJ (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 enterin th property where the prof t i located to inspect the project site or any work
related to the project. (initial)
�A1HAk) E=L`H Llc 0305.)024
Applicant Printed Name Ap icant Signature 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 out the proposed activities and I agree to start work
only after all necessary permits have been issued.
Authorized Agent Printed Name Authorized Agent Signature Date
11 c. Property Owner Signature (if not applicant) [ ]
Not required if project is on existing rights-of-way or easements.
I consent to the permitting agencies entering the property where the project is located to inspect the project site
or any work. These inspections shall occur at reasgli@ble times and, if practical, with prior notice to the
landowner.
A
�t7HAd OFLIO e 03.03. )M-)
Property Owner Printed Name Property Owner Signature Date
18 U.S.0§1001 provides that:Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false,fictitious, or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false,fictitious, or fraudulent statement or
entry, shall be fined not more than$10,000 or imprisoned not more than 5 years or both.
If you require this document in another format, contact the Governor's Office for Regulatory Innovation and Assistance (ORIA)at(800)
917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833-6341.
ORIA publication number: ENV-019-09 rev. 09/2015
JARPA Revision 2015.1 Page 15 of 15
s, A) s
°
m %A ;a
co
co
11
b
Nto 3 i
m 0
m o
m
o
N �
N
A
o
9.
�n
c
v+ o
r, r
� N
a
o •v
n � a
S6. tom)
S
rn �
m N
x t j P i O
o -1 _
m CD
p M _
m
"' ��"1
v N °
p � r
OD
a
Q
�- C-
m
WN O
co
4 CD
O (�
t 'y
rl' Q
_ o
O
cn m m
CD C C/)
o ^* g
o
D O co
+ 0
� Q
(n o
^^A CI) -•
G ( O
O m
.�+ C/)
N O
O7
OD
CScc
N f ccyl
O
k,
N .iS 00 �C
CO
NNI
A D
cn
v
OD
N gg OD
N
11 _# O)
A O
O N
v
OD O
in
o
Ln N
� o
II a
d a
O
X
U7 Q
�.91 r N
O
6
N C
co f m o CD
co C
Q S
O
3
OD
O �
3
U
I j(�
�• .Yl � G ff
JJ
J - ,
i - )
iq
t�
I R+
i
{
i
t
{
{
m
140 E STRONG ROAD FLOAT PROJECT
BIOLOGICAL ASSESSMENT
140 EAST STRONG ROAD
z
SHELTON WA 98584
fl
r
PROJECT REFERENCE#
BACKGROUND/HISTORY
The purpose of this Biological Assessment is to address the effect of the 140 Strong Rd
float project on ESA-listed species, listed as endangered or threatened under the
Endangered Species Act(ESA), or their designated critical habitat. This Biological
Assessment hereafter(BA)is for installing a float through the Department Of The Army
Seattle District, Corps Of Engineers. The Department Of The Army Seattle District,
Corps Of Engineers is charged with the federal permit program to review projects that
may impact threatened or endangered species pursuant of the ESA. The ESA requires that
federal organizations do not fund or otherwise create actions that are likely to jeopardize
continued existence or of endangered or threatened species. So the US army corps in
conjunction with National fisheries service and U.S. Fish and Wildlife assess any
potential impacts of proposed work. The Department Of The Army Seattle District, Corps
Of Engineers is the primary contact who will then submit this BA to NMFS and USFWS.
BA is needed for this project because the project requires a permit from the US Army
Corps of Engineers (Corps). This constitutes a federal nexus requiring Section 7
consultation between the federal lead agency(Corps) and the U.S. Fish and Wildlife
Service (USFWS), and National Marine Fisheries Service(NMFS), based upon the
requirements set forth under Section 7 of the ESA(United States Code, 19 USC 1536
(c))-
The project involves installing a float at 140 East Strong Road Shelton WA Parcel
Number 22133-50-00013. It has the potential to impact the following ESA-listed species
that occur in the area: Bull Trout(Salvelinus confluentus) Marbled Murrelet (Brachyramphus
marmoratus marmoratus), Critical Habitats are Chinook Salmon
(Oncorhynchus tshawytscha) and Killer whale (Orcinus orca).
Early coordination and pre-consultation with the Service was conducted during a series of
site visits,meetings,and phone conversations including: I have consulted with the Corps,
USFW, Conservation Corps, Squaxin Tribe, Pacific Coast Shellfish Growers Association
as well as other farmers and my neighbors.
This BA prepared to address addresses the proposed action in compliance with Section 7
of the ESA. Section 7 assures that, through consultation(or conferencing for proposed
1
species)with the Service,federal actions do not jeopardize the continued existence of any
threatened, endangered or proposed species, or result in the destruction or adverse
modification of critical habitat.
The purpose of the proposed action is to establish a float and this might be overkill but I
have done the work. I want to get permission to install a float and show that my parcel
and project has low impact on critical habitat and threatened and endangered species.
This BA assesses the effects of the project on threatened and endangered species
resources in the Action Area and documents appropriate minimization measures for the
proposed action. Information on listed species and habitats occurring or potentially
occurring in the project area were provided by state and federal agencies NMFS and
USFWS lists of threatened, endangered, and proposed species were obtained from agency
web sites on February 14th 2021.
DESCRIPTION OF THE ACTION & ACTION AREA
The proposed action includes putting an earth anchor in the substrate and it should take 1-
2 days. There is no material removed or added in this method. This technique has
minimal impact on the tidal surface and creates habitat for intertidal species. Please see
attached maps. Project is proposed to start construction prior to fish spawning season
Prior to July.
Species and Habitats A enc /Data Source Data Provided
Endangered,threatened,rare,and Washington State Department of Natural No such species or communities occur in
sensitive plant species and high-quality Resources(WDNR) the project vicinity.
plant communities
Federally threatened and endangered USFWS Bull Trout Salvelinus confluentus,
plants,fish,and wildlife species Marbled Murrelet(Brachyramphus
marmoratus marmoratus)Critical
Habitats are Chinook Salmon
Oncorhynchus tshawytscha and Killer
whale Orcinus orca.
Federally threatened,endangered,and NMFS http://www.westcoast.fi Bull Trout Salvelinus confluentus,
proposed fish species sheries.noaa.gov/prote Critical Habitats are Chinook Salmon
cted_species/salmons Oncorhynchus tshawytscha and Killer
teelhead/salmon_and whale Orcinus orca.
steelhead_I istings/salm
on_and_steelhead_listi ngs.html
Priority Habitats and Species(PHS) Washington State Department of Fish and No additional ESA listed or candidate
Wildlife(WDFW) species within the project vicinity.
The action area includes
subtidal Zone Indirect effect Creating new habitat
surface area
See attached maps
2
The following ESA-listed species occur within the action area, or may be affected by the
proposed action: Bull Trout(Salvelinus confluentus),Marbled Murrelet
(Brachyramphus marmoratus marmoratus)
Critical habitat in the action area Chinook Salmon (Oncorlynchus tshawytscha) and
Killer whale(Orcinus orca).
Listed species & Critical habitat in the action area
Chinook Salmon Oncorhynchus tshawytscha
Puget Sound Chinook Salmon ESU ESA and Stock Status NMFS has completed
an ESA status review of Chinook salmon(Oncorhynchus tshawytscha)populations from
Washington, Oregon,Idaho, and California, and defined 15 evolutionarily significant
units (ESUs; each considered a species under the ESA) within the region.Naturally
spawned spring, summer/fall, and fall Chinook salmon runs from the Puget Sound ESU
were considered likely to become endangered in the foreseeable future (Myers et al.,
1998).
The abundance of Chinook salmon in the Puget Sound ESU has declined
substantially from historical levels, and there is concern over the effects of hatchery
supplementation on genetic fitness of stocks, as well as severely degraded spawning and
rearing habitats throughout the area(Myers et al., 1998). In addition,harvest exploitation
rates in excess of 90 percent were estimated to occur on some Puget Sound Chinook
salmon stocks. Subsequent to this status review,NMFS issued a ruling in May 1999
listing the Puget Sound ESU as threatened(NMFS, 1999).
Primary factors contributing to declines in Chinook salmon in the Puget Sound
ESU include habitat blockages, hatchery introgression, urbanization,logging,hydropower
development, harvests, and flood control and flood effects (NMFS, 1998). Life History
The life history of Puget Sound Chinook salmon is described in detail in NOAA
Technical Memorandum NMFS-NWFSC-35 Status Review of Chinook Salmon from
Washington, Idaho, Oregon, and California(Myers et al., 1998) and is included herein by
reference.
This information has been summarized to assist in the discussion of effects related
to the proposed action, and is included in Puget Sound Chinook Salmon ESU Life
History NMFS completed a status review of Chinook salmon populations from
Washington, Oregon, Idaho, and California and defined 15 evolutionarily significant units
(ESUs)within the region.Naturally spawned spring, summer/fall, and fall Chinook
salmon runs from the Puget Sound ESU were considered likely to become endangered in
the foreseeable future (Myers et al., 1998). NMFS issued a ruling in May 1999 listing the
Puget Sound ESU as threatened (NMFS, 1999).
Chinook salmon have a historic range from the Ventura River in California to
Point Hope,Alaska in North America; and from Hokkaido, Japan to Anadyr River in
Russia(63 Federal Register 45 and Myers et al., 1998). The abundance of Chinook
salmon in the Puget Sound ESU has declined substantially from historic levels, and there
is concern over the effects of hatchery supplementation on genetic fitness of stocks, as
well as severely degraded spawning and rearing habitats throughout the area(Myers et al.,
1998).
In addition, harvest exploitation rates in excess of 90 percent were estimated to
occur on some Puget Sound Chinook salmon stocks. Subsequent to this status review,
primary factors contributing to declines in Chinook salmon in the Puget Sound ESU were
identified as habitat blockages, hatchery introgression, urbanization, logging, hydropower
development, harvests, and flood control (NMFS, 1998). Chinook require varied habitats
during different phases of their life. Spawning habitat typically consists of riffles and the
tail outs of pools with clean substrates dominated by cobbles. These habitats are located
in the mainstream of rivers and large tributaries. Adult Chinook salmon spawn in
freshwater streams in the late summer and fall. Fry emerge in the late winter and early
spring. Juvenile Chinook rear in the lower main stem of rivers and tributaries before
entering the estuary and salt marshes (Myers et al., 1998).
Typically, fall Chinook fry(also termed"ocean type Chinook") feed for a short
period after emergence (a few days to several months) and then migrate to the ocean or
remain in the lower river for a year(Wydoski and Whitney, 1979; Healey 1991). Spring
Chinook fry("stream type") Chinook may rear in fresh water over the summer and may
migrate to the ocean in the fall, or may overwinter in fresh water and out migrate the
following spring. Most juvenile Chinook in the Puget Sound Basin are expected to smolt
within the first year after emergence. During the summer and autumn, stream type
Chinook juveniles commonly rear in habitats with cover provided by brush and woody
debris. In winter,juvenile Chinook frequently use boulder pockets along stream margins
for cover(Hillman et al., 1989). Juvenile Chinook may rear in freshwater from three
months to two years (63 Federal Register 45; Weitkamp et al., 1995); however, Chinook
generally migrate to salt water in the spring and summer. After outmigration to estuarine
and saltwater habitats, Chinook tend to utilize estuaries and coastal areas for rearing,
where they feed on small crustaceans and insects (Wydoski and Whitney, 1979; Healey,
1991). As juveniles grow,they tend to eat more larval and juvenile fishes, including
herring, anchovies, pilchard, and rockfish. Most Chinook spend from two to four years
feeding in the North Pacific before returning to spawn. Adult Chinook salmon return to
spawn in their natal streams from mid-May through October(Myers et al., 1998).
Chinook salmon die after spawning.
This project will not result in long-term, permanent impacts to Puget Sound
Chinook salmon. Scheduling construction to occur during approved work windows and
during periods when the tide is below the intertidal area will minimize impacts to salmon.
Construction activities that will occur below ordinary high water will likely have short
term impacts on salmonoids that may be present in the area during that time. However,
4
project impacts are likely to be insignificant because of their localized and temporary
nature and the existing environmental conditions of the site (i.e., lack of eel grass, lack of
forage-fish spawning, lack of cover and habitat complexity). Therefore, it is concluded
that this project may affect, but is not likely to adversely affect, Puget Sound Chinook
salmon.
Bull Trout Salvelinus confluentus
Coastal-Puget Sound Bull Trout DPS The Coastal-Puget Sound bull trout
(Salvelinus confluentus) distinct population segment(DPS) is composed of 34
subpopulations (USFWS, 1998b; USFWS, 1999). In 1998,USFWS completed a status
review of bull trout, identifying five DPSs in the continental U.S. (USFWS 1998a).
USFWS listed bull trout in the Coastal-Puget Sound DPS as threatened under the ESA on
November 1, 1999 (USFWS, 1999). Similarly, Dolly Varden(Salvelinus malma)was
proposed for listing as endangered by the USFWS in 2001 (66 Federal Register 6) due to
similarity of appearance with bull trout and because they occur together only within the
area occupied by the Coastal-Puget Sound bull trout DPS.
A designation of threatened or endangered under the similarity of appearance
provisions of the ESA extends the take prohibitions of Section 9 to cover the species.
However, under section 4(e)of the ESA, a designation of threatened or endangered due to
similarity of appearance, does not extend other protections of the ESA, such as the
consultation requirements for federal Page 20 January 2015 agencies under section 7 of
the ESA. Although not formally discussed in this document,the effects of the action upon
Dolly Varden are anticipated to be similar to that of bull trout. Life History The life
history of the Coastal-Puget Sound Bull Trout DPS is described in the Endangered and
Threatened Wildlife and Plants: Determination of Threatened Status for Bull Trout in the
Coterminous U.S.; Final Rule(USFWS, 1999) and the Draft Recovery Plan for the
CoastalPuget Sound Distinct Population Segment of Bull Trout(USFWS, 2004) and is
included herein by reference. Our farm has limited forging opertunities as listed on
WDFW website forge fish spawning map.
i.ewer.htmI9webmaaj=1968f 74e2d4I470cbd
SON aI'8dedd6b3&.extent=-1.26.1368A4 .6684,-119.6494.49.0781 for limited foraging
opportunities and the project area likely offers limited foraging due to habitat conditions.
As construction related activities will occur outside of designated critical habitat for the
Coastal-Puget Sound bull trout, assessment of project related direct or indirect effects
upon critical habitat are not warranted.
USFWS-designated critical habitat of Coastal-Puget Sound bull trout protects
populations residing in the Olympic Peninsula and Puget Sound(50 CFR Part 17). The
action area for this project is located within critical habitat unit 28, Puget Sound, and
subunit xiii, marine and estuarine shoreline. These shorelines fall into two categories:
R:\0226.01\Report\Ol_Biological Evaluation 4.20.07\Rf-Biological Evaluation.doc Rev.
0,4/20/07 5-10 1. The eastern shoreline of the northern Puget Sound, including
associated bay, and Swinomish Channel from the Canadian border to Harbor Parks
5
(Fidalgo Island),to Nisqually Head at the southern end of the Nisqually Delta 2. The
shoreline of Lummi Island, Guemes Island, Whidbey Island, Hope Island, Goat Island,
Gedney Island, and Vashon Island. The project action area is not located in these
designated geographic areas.If bull trout were to occur in the area,potential direct and
indirect effects would be similar to those for Puget Sound Chinook salmon, discussed
earlier.
Killer whale Orcinus orca
Critical Habitat for the Southern Resident DPS of Killer Whales Critical habitat
for the Southern Resident killer whale DPS was published November 29,2006 (71 FR
69054). Critical habitat includes approximately 2,560 square miles of inland waters in
three specific areas: 1)the Summer Core Area in Haro Strait and waters around the San
Juan Islands; 2) Puget Sound; and 3)the Strait of Juan de Fuca. Based on the natural
history of the Southern Residents and their habitat needs,NMFS identified the following
physical or biological features (i.e., PCEs) essential to conservation: (1) water quality to
support growth and development; (2)prey species of sufficient quantity, quality, and
availability to support individual growth,reproduction and development, as well as
overall population growth; and(3)passage conditions to allow for migration, resting, and
foraging.
While the seasonal movements of killer whales are not well known, in the
summer the three pods (J,K, and L)of the Southern.Resident population are typically
found in Georgia Strait,the Strait of Juan de Fuca, and the outer coastal waters of the
continental shelf. The J pod typically moves into Puget Sound in the fall; sightings in the
southern end of Puget Sound have occurred between October and January(NMFS, 2006).
Killer whales have not been observed in Oakland Bay. Between 1990 and 2003,the
Whale Museum recorded seven whale sightings at the intersection of Pickering Passage
and Hammersley Inlet. All seven sightings occurred in the months of November and
December(Whale Museum, 2004). Due to the intertidal depth of the proposed project the
impact would not have an affect critical habitat for the killer whale.
Marbled Murrelet(Brachyramphus marmoratus marmoratus
Status The marbled murrelet is listed as Threatened
Designated Critical Habitat for marbled murrelet includes old-growth forests with
potential nesting platforms, as well as other suitable nesting areas,that are surrounded by
at least 0.5 mile of forested areas (50 CFR Part 17). No critical habitat has been
designated near the project area. Distribution in Project Area There are no documented
marbled murrelet occupancy sites or appropriate nesting habitats in the project action
area. WDFW priority habitat and species maps indicate that there have been no
documented marbled murrelet sightings or nest sites within 1 mile of the project site
(WDFW,).
6
Direct and Indirect Effects Potential direct effects to marbled murrelet are short-
term localized effects of turbidity on prey fish. No forage-fish spawning areas have been
identified in the vicinity of the project site, so there should be no significant impacts to
marbled murrelet prey. Indirect effects would include enhanced habitat for prey fish
species. These longer-term impacts would result from creating habitat. Effects
Determination Since there have been no documented observations of marbled murrelets
in the project action area and the area lacks suitable habitat, this project will have no
impact on murrelet individuals or populations.
In the unlikely event that marbled murrelets forage near the project site, it is
assumed that they would be habituated to the noise and human activity of the area. The
short-term, localized direct effects and the beneficial indirect effects of the project will
not create a significant adverse impact on prey species of marbled murrelet. Therefore, it
is concluded that this project will have no effect on marbled murrelets.
Essential Fish Habitat Evaluation
In accordance with the requirements of the Magnuson-Stevens Fishery
Conservation Act,the potential impacts of the proposed action on Essential Fish Habitat
(EFH)have been assessed. EFH is defined by the Act as "those waters and substrate
necessary to fish for spawning, breeding, feeding, or growth to maturity."The project
area includes designated EFH for various salmonid and groundfish species. Potential
Effects on EFH The habitat conditions in Pickering Passage are degraded by historical
and current activities associated with the timber industry and urbanization. The existing
shoreline next to the project site and adjacent areas is hardened by bulkheads or riprap
and lacks overhanging vegetation.
There is no sub-tidal vegetation in the project site. The near shore substrate in the
immediate is predominantly a mixture of sand,mud, and wood debris, which is not
typically productive for epibenthic organisms or forage fish. There are no identified
forage-fish spawning areas in the project area(USFW). The construction impacts will be
short in duration and localized in impact to EFH. In the long term,there will be benefits
to EFH by creating some habitat in the intertidal zone and having filter feeders in the
water body. The existing habitat conditions do not provide high-quality habitat for the
various life stages of salmonids and groundfish species. Juvenile and adult salmon rear
and migrate through the project action area.
The mud and sand substrate may provide habitat for juvenile groundfish. The EFH
for all of these species is degraded lack of aquatic vegetation, and lack of forage-fish
spawning areas. Construction of bulkheads along natural shorelines creates a variety of
impacts to dynamic physical processes of the shoreline. Washington Department of Fish
and Wildlife. These impacts are not significant in this case because the surrounding
properties have hardened shorelines. Relative to the existing conditions,the expected
short-term impacts of the proposed action on EFH are expected to be insignificant and/or
discountable, and are expected not to adversely affect EFH for Pacific salmon and
groundfish species. In the long term,the project should provide some enhancement of
EFH for salmonids and groundfish.
7.0 CONCLUSIONS
SPECIES [FEDRALSTATUS JEFFECTS
DETERMINATION
SCIENTIFIC NAME COMMON NAME FEDRAL STATUS EFFECTS
DETERMINATION
SALVELINUS BULL TROUT THREATENED NLTAA
CONFLUENTUS (COASTAL-PUGET
SOUND DPS)
BRACHYRAMP14US MARBLED THREATENED NO EFFECT
MARMORATUS MURRELET
MARMORATUS
Orcinus orca Killer whale ENDANGERED NO EFFECT
(SOUTHERN
RESIDENT
POPULATION DPS)
Oncorhynchus CHINOOK SALMON THREATENED NLTAA
tshawytscha (PUGET SOUND
ESU)
NOTES:
SOURCE:ACQUIRED THIS SPECIES LIST THROUGH A SEARCH OF THE NOAA SPECIES
LIST WEB SITE ON MARCH 14,2016 AND THE USFWS SPECIES LIST WEB SITE ON
MARCH 14,2016
DPS=DISTINCT POPULATION SEGMENT.
ESU=EVOLUTIONARILY SIGNIFICANT UNIT.
NLTAA=NOT LIKELY TO ADVERSELY AFFECT.
NMFS=NATIONAL MARINE FISHERIES SERVICE.
NOAA=NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
USFWS=U.S.FISH AND WILDLIFE SERVICE.
In conclusion,we have determined that the proposed action may affect, but is not
likely to adversely affect and has no affect. (refer to diagram above)the existing habitats
or future habitats of the above species. The following ESA-listed species occur within the
action area, or may be affected by the proposed action:
8
Bull Trout Salvelinus confluentus, Marbled Murrelet(Brachyramphus marmoratus
marmoratus.
Critical habitat in the action area Chinook Salmon Oncorhynchus tshawytscha and Killer
whale Orcinus orca service.
8.0 LITERATURE CITED
Federally threatened and endangered plants, fish, and wildlife species
http://www.fws.gov/endangered/consultations/s7hndbk/s7hndbk.htm
Federally threatened, endangered,and proposed fish species NMFS
http://wdfw.mgps.arcgis.com/home/webmap/viewer.html?webma-p=I 968f74e2d4l470cbd
80b1 af8dedd6b3&extent=-126.1368.45.6684,-119.6494,49.0781
Priority Habitats and Species (PHS) (map
http://ecos fws.govlipaclprojectl4EQNBIZBCBEALGGHUYBL72HVTE/resources
ftp://ftp.cob.orgloutgoing/CornwallPark/CORATWALLPARKISQUALICUMPROJECTIBa
ytoBaker%20Full%20CAO%20Report%20l.l2.15%20(Rev%2002_19 15)/Attachments
%20for%20CA0%20Report/Attachment%20E%20-
%20BTB%20Biological%20Assessment.pdf
http://Www.portofshelton.com/downloadsIRf-Biological%20Evaluation.pgf
Mason Conservation District. 2004. Salmon habitat protection and restoration plan for
WRIA 14, Kennedy-Goldsborough. 115.
NMFS. 2006. Designation of critical habitat for southern resident killer whales:
biological report.National Marine Fisheries Service,Northwest Region.
USFWS. 1997. Recovery plan for the threatened marbled murrelet Pacific
(Brachyramphus marmoratus marmoratus) in Washington, Oregon, and California. U.S.
Fish and Wildlife Service,Portland, Oregon.
WDFW. 2002. Salmonid stock inventory 2002. http://wdfw.wa.gov/fish/sasi/ (March 29,
2007). WDFW. 2007. Priority habitat and species map.
Washington Department of Fish and Wildlife. April 4. Whale Museum. 2004. Southern
resident killer whale sighting compilation report 1990-2003. Friday Harbor, Washington.
9
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013
PROPOSED PROJECT: Install a Float APPLICANT: Nathan Welch LAT/LONG: 470 16'8.36"N 1220
55'45.91"W 470 16' 11.75N 1220 55' 45.73"W 470 16' 11.49"N 1220 55' 40.9 "W 470 16'
8.41"N 1220 55' 41.06"W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox TR
Timothy J IS, Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk & Nancy / 22133-78-90010
PAGE 0 1 OF 4 It: IVIV20161
Site / Vicinity Map
—OWNo0-,,L`FHIS
-fix
Ing
A e " e
8 �g: Is
CIL Ie � � =
.s to s At
3; I pqq ,
Sfi pGn
E1:3fi
Rg 33� god—
§im
1 a3 �cfa� F1A x w� �sa a
11 m
i0,AD 3Nn w1wv MU O330
8Z u0 i 60�aD cif
MUNI
m
' 1i. F Z £ - I SECOND CLASS TIDELANDS
4
I—gi S Sip €E yx L g M
1 3 i E 8 i 0 O iR
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013
PROPOSED PROJECT: Install a Float APPLICANT: Nathan Welch LAT/LONG: 47°16'8.36"N122°
55'45.91"W 47° 16' 11.75N 1220 55' 45.73"W 470 16' 11.49"N 1220 55' 40.9 "W 470 16,
8.41"N 1220 55' 41.06"W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox TR
Timothy J & Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk & Nancy/ 22133-78-90010
PAGE# 2 OF 4 M (3/14/20161
d
MHHW
47°16'
8.36"N 1220 470 16' 11.75N
55'45.91"W tj�'r. 3 1220 55'
GOV LOT 11 45.73"W
t r
A` �•
.. � `..` ..�..*"'." "'"' +�. mow. .-w.. ..�. -.,... ..... ,.... ......
{4 $
CUSS TIDELANDS poll Ifoo
1
t
ss r
47° 16'
11.49"N1220 G) - 470 16' 8.41"N
,
55 40.9 W Z 0 1220 55' 41.06"W
c
Plan View
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013
PROPOSED PROJECT: : Install a Float APPLICANT: Nathan Welch LAT/LONG : 47°16'8.36"N
1220 55'45.91"W 47° 16' 11.75N 1220 55' 45.73"W 470 16' 11.49"N 1220 55' 40.9 "W 470
16' 8.41"N 122° 55' 41.0611W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox
TR Timothy J & Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk & Nancy/22133-78-
90010 PAGE# 3 OF 4 M (3/14/2016)
J13
MHHW
34
LOT III
.ae �
x v
+►' Z !.
s
G D CLASS T.10ELAN `Cn
i
co
Proposed Work
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013
PROPOSED PROJECT: : Install a Float APPLICANT: Nathan Welch LAT/LONG: 47'16'8.36"N 1220
55145.9111W470 16' 11.75N 1220 55' 45.73"W 47016' 11.49"N 1220 55' 40.9 "W 470 16'
8.41"N 1220 55' 41.06"W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox TR
Timothy J & Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk & Nancy/ 22133-78-90010
PAGE# 4 OF 4 M (3/14/2016)
h
MHHW
c L T
'.) M LLW+7' _
MLLW+6'
M LLW +5'
EAJ
;.
s ' TOP O,c` 49 W*tfA
-t,�� i '22
,., �. ..._. .. ... �.. ,� .... .... MLLW+4'
3 . `
t
FM7LLW`
+3' �
CO CLASS TlD
r
M LLW +2' ' t� ...
j $ C>
?x
f"` MLLW +11
.
G) jo�
t MLLW
ZONE
co
Elevation View
REFERENCE: LOCATION: 140 EAST STRONG ROAD SHELTON WA/22133-50-00013
PROPOSED PROJECT: Install a Float APPLICANT Nathan Welch LAT/LONG : 47'16'8.36"N 122'
55'45.91"W 47° 16' 11.75N 1220 55' 45.73"W 470 16' 11>49"N 1220 55' 40.9 "W 470 16,
8.41"N 1220 55' 41.06"W IN: PICKERING PASSAGE ADJACENT PROPERTY OWNERS: 1: Heacox TR
Timothy J & Pamela G /22133-78-90010 2: Kalbener ET AL, Kirk & Nancy / 22,133-78-90010
PAGE# 4 OF 4 #: (3/14/2016)
,aV
i
I
i
1
i
S
t
y
Photo Of Site