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HomeMy WebLinkAboutBIO EVAL Colgan Bulkhead Project - SHX Letters / Memos - 7/29/2016 i i it Biological Evaluation J Colgan Bulkhead Project g Lake Cushman, Hoodsport WA ' I For: Steve& Brenda Colgan 502 Sumner Ave Sumner,WA 98390-1736 Prepared by: BioResources,LLC Kim Schaumburg isheries biologist,University of Washington, 1981 10112 Bay View Rd. KPN Vaughn,WA,98394 (253) 884-5776 or 225-2973 Email: kimberly035@centurytel.net i April 2,2016 Revised July 29,2016 i i Table of Contents 1.0 Proposed Action.............................................................................. 3 1.1 Background................................................................................... 3 1.2 Project Need and Objectives................................................................ 4 2.0 Project Description........................................................................... 4 2.1 Project Activities.............................................................................. 4-6 2.2 Monitoring and Maintenance............................................................... 6 2.3 Timing.......................................................................................... 6 2.4 Conservation Measures...................................................................... 6-7 2.5 Best Management Practices.................................................................. 7-8 3.0 Action Area.................................................................................... 8-9 4.0 ESA Species and Habitat Information..................................................... 9-10 4.1 ESA Listed Species.......................................................................... 10-12 5.1 Environmental Baseline Conditions....................................................... 12 5.2 Action Area................................................................................. 12-13 5.3 Proposed Project Area..................................................................... 1 3-1 4 6.0 Effects of the Action.......................................................................... 14 6.1 Direct Effects.................................................................................. 14-16 6.2 Primary Constituent Elements............................................................ 1 6-1 8 6.3 Direct Effects to ESA Listed Species...................................................... 18-19 6.4 Indirect Effects................................................................................. 19-20 6.5 Primary Constituent Elements............................................................ 20-21 6.6 Direct Effects to ESA Listed Species....................................................... 21 6.7 Interrelated/Interdependent Effects......................................................... 22-23 6.8 Primary Constituent Elements............................................................ ..22 6.9 Cumulative Effects............................................................................ 23 7.0 Conclusion...................................................................................... 23 7.1 Take Analysis.................................................................................. 23 7.2 Determination of Effect....................................................................... 23-24 8.0 References.......................................................................................25-28 Attachments 1. Project location...................................................................................29 2. Site plan with existing development.......................................................... 30 3. Site plan with proposed development........................................................ 31 4. Cross section with proposed development....................................................32 5. Site Photograph.................................................................................. 33 6. Site Photograph.................................................................................. 34 7. Site Photograph.................................................................................. 35 8. Site Photograph.................................................................................. 36 9. Site Photograph.................................................................................. 37 10. Site Photograph.................................................................................. 38 11. Site Photograph.................................................................................. 39 12. Site Photograph.................................................................................. 40 13. Essential Fish Habitat............................................................................ 41-42 Colgan Biological Evaluation 2 1.0 Pro osed ction This Biological Evaluation has been submitted on behalf of Steve and Brenda Colgan at the request of the 11 eattle District United States Army Corps of Engineers to comply with Endangered Species Act(ESA)regulations regarding shoreline development. The proposed action is the installation of a rock bulkhead on their Lake Cushman property. Mitigation) at the roposed project includes the removal of existing derelict creosoted pilings wit i assoc ted concrete cinder blocks from the shoreline and a native planting plan. 1.1 Backgroond The propo!-ec proj ct site is located in Mason County at 110 North Discovery Drive, Hoodsport ashi gton(Attachment 1). The Mason County tax parcel number is 42318- 50-00036. TI e prc erty is located in Section 18,Township 23N, Range 04W of the Western er dian The latitude is 47.48788 north, and the longitude is-123.24263 west. The propo e proj ct site is located on Lake Cushman in the Skokomish/Dosewallips Water Res urce Ir ventory Area 16 (WRIA 16) on a shoreline designated Urban Residentia by the Shoreline Master Program of Mason County. Lake Cushman is regulated un4er th Mason County Shoreline Master Program and the Mason County Resource roinan e as a Fish and Wildlife Habitat Conservation Area.The Shoreline Management Act of 1971 designated Lake Cushman as a Shoreline of Statewide Significan e Ina dition, Lake Cushman is regulated by Tacoma Public Utilities (aka Tacoma P er),which has designated Shoreline Management Classification(SMC) zones.Th p ropos-d project site is located in an SMC zone classified as"A."Tacoma Power dens the"A"management classification as shoreline areas with no known significan e I viro mental/cultural resources or associated resource management goals precludin e istin or future shoreline uses;this classification acknowledges existing private us strid a iticipates potential future private and light commercial shoreline uses (Kleinsch nidt 20 2). The propo I se pro.ect site is located in a rural neighborhood on a shoreline lot that supports a si gle-7amily residence located approximately thirteen feet(13') vertically and fifty-two (52 horizontally from the shoreline of Lake Cushman.Existing shoreline appurtenaIcts inc lude a four by eight-foot(4' x 8') access ramp, an eight by ten-foot(8' x 10')pie , n ei t by twenty-foot(8' x 20') float, a three by six-foot(3' x 6')metal ramp be e n th pier and float, failing wood shoreline access steps, and failed shoreline protectio i the rm of large woody debris and creosoted pilings(Attachments 2, 3, 6, 8 &9),. e approx. eleven(11) derelict pilings with associated concrete cinder blocks an ve ' pieces of decomposing large woody debris embedded parallel to the shoreline T e 1 ` which is located in a small cove, fronts both Lake Cushman and a type Np peren i ,n fish stream (Attachments 10 & 11).The applicant has reported that the stream d s of od the proposed bulkhead location on the shoreline when the lake's waters ar 1 wer i 3 Colgan Bi 1 gical valuation 1.2 Project Need and Objectives The seasonal raising and lowering of Lake Cushman and the exposure to wave action (from the lake)driven by prevailing winds has resulted in moderate to severe erosion to the shoreline at the site. The applicant's single-family residence is located (only) 52' horizontally and 13' vertically from the shoreline. The project objective is to install replacement shoreline protection in the form of a small(averaging approx. 2.5' in above grade height)rock bulkhead to prevent the potential loss of infrastructure and native vegetation, while avoiding or minimizing impacts to ESA-listed species. 2.0 Project Description As per drawings by the applicant(Attachments 2-4), existing derelict creosoted pier pilings will be removed from the shoreline at the site and approx. ninety feet(90') of rock bulkhead will be installed, using two-man angular rock. Approximately thirty-five feet (35') of the bulkhead will be landward of the OHWM(lake elevation 738'),while the remaining approx. fifty-five feet(55')will be slightly waterward of the OHWM, in order to follow the contour of the shoreline. The bulkhead will be backed with quarry spalls and filter fabric. Height of the bulkhead will average two-and-a-half feet(2.5') above grade with a maximum above grade height of four feet(4'). Base rock will be keyed into the bank/beach toe to a depth of approx. twelve inches (12")below the existing shoreline grade. The bulkhead will follow the existing contour of the shoreline. Approximately 20 cubic yards of rock and quarry spalls will be used. The bulkhead will be constructed of rock, a natural material, and will be the minimal height necessary(approx. 2.5' to 4')to alleviate bank erosion from Lake Cushman. The bulkhead's face at the east end will be located approx. fifteen feet(15') from the stream's ordinary high water mark. A small tractor and various hand tools will be used throughout the proposed project.All materials, equipment, and debris will be transported to and from the site in a car or truck. The derelict pilings and any other debris will be disposed of at a licensed landfill or other licensed disposal site. In addition, geo-textile fabric will be spread over the dry lakebed before the commencement of project construction in order to contain any construction debris or excavated sediments;the fabric will be cleaned upon the cessation of work each day. No construction will occur unless the waters of Lake Cushman are lowered. 2.1 Project Activities Piling Removal Approximately eleven derelict creosoted pier pilings(Attachment 7& 8)will be removed from the shoreline at the site using a small tractor. The piling holes will be refilled using sediments from the excavation of the bulkhead's footing. Colgan Biological Evaluation 4 i i Bulkhea Foot n g Excavation The substr tte will e excavated to a depth of one-foot(1')and a width of two feet(2'), using a sm illi tract r. Excavated material will be used to fill the holes or depressions from the bulkhe id�consi ruction and the derelict pier piling removal. Excavated material may also be usc d to fill the interstitial spaces between the quarry spalls(that will back-fill the bulkhead)Any re aining excavated material will be removed from the shoreline at the site, as pe T1com t Power's rules and regulations. Bulkhea)I Ins t lation Following e cava 'on of the footing, a layer of filter fabric will be pinned to the back and bottom of he exci vated area using rebar stakes.The base rock, consisting of two-man basalt or a ite, ill be set using a small tractor, and then back-filled using one-man quarry spa is Sm ler rocks will be used to plug chinks and will be set by hand. Excavated scdime is will be used as necessary to integrate the bulkhead's quarry spalls with the b n .The top rocks will be set next and backfilled in the same manner.Rock for the propo d proj ct will be stored in an upland area and transported to the shoreline by tractor, as eeded. The bulkhead will include one set of inset rock shoreline access steps. i Mitigati on Pla iting The primal y'Soal f the mitigation plan is to enhance the diversity of the existing native vegetatior along t ie shoreline at the site.Native vegetation will be planted in an approx. thirty by ty- of (30' x 20')area along the eastern extent of the property's shoreline, where veg A tion s currently lacking(Attachment 12). The exact location of the plantings i 1 be t the applicants' discretion.Due to the potential for the roots of trees and large hfubs t damage the bulkhead, especially during summer drought conditions, it is recomniended t iat any trees or large shrubs be installed at least ten feet(10') landward of the bulkhead. At least 20 plants and five different species will be installed.Planting will occur in the fill(after the cessation of drought conditions) or in the early spring. Vegetatio will b in one or two gallon pots,bare root, or harvested from the site or locally. Recomm ded nf tive species include: shore pine (Pinus contorta contorta),vine maple (Ater cir 'nZtum Pacific dogwood(Cornus nuttallii), Western yew(Taxus brevifolia), mountain e'nloc c(Tsuga mertensiana), evergreen huckleberry(Vaccinium ovatum), red hucklebe y(Vac inium parvifolium),mock orange (Philadelphis lewisii), Rhododendron (Rhodode 1dron acrophyllum), Western azalea(Rhododendron occidentale), Pacific ninebark i Physoc 7rpus capitatus), Indian plum (Oemleria cerasiformis), common snowberr (Symp oricarpos albus), snowbrush(Ceanothus velutinus var. hookeri), salal (Gaulther'a shall n), Oregon-grape (Mahonia aquifolium, nervosa or repens), Thimbleb in (R bus parvi onus var.parviflorus), sword fern (Polystichum munitum), deer fern Blechn m spicant), kinnikinnick(Arctostaphylos uva-ursi),bleeding heart Colgan Bi 1 gical valuation 5 I I (Dicentra formosa), creeping dogwood (Cornus canadensis), and wild strawberry (Frageria virginiana). Additional plant species that are native to Western Washington may be added to the above list at the applicant's discretion. 2.2 Monitoring and Maintenance The property owners will monitor and water any native vegetation plantings as needed during dry months, until the vegetation has become established. Dead plants will be replaced throughout the monitoring period. Invasive, non-native vegetation will be removed or cut back as necessary. 2.3 Timing Work on the bulkhead installation will be completed over an approx.twenty-one(21) day period during daylight working hours normal to a rural neighborhood. No construction will occur unless the waters of Lake Cushman are lowered. 2.4 Conservation Measures 1. No construction will occur unless the waters of Lake Cushman are lowered and the unnamed Np stream is flowing at or below its average base flow width. 2. Geo-textile fabric will be spread over the dry lakebed before the commencement of project construction in order to contain any construction debris or excavated sediments;the fabric will be cleaned upon the cessation of work each day. 3. Approximately eleven derelict creosoted pier pilings will be removed from the shoreline at the site. 4. For the protection of marbled murrelets that may be nesting in the action area, project activities will occur between two hours after sunrise and two hours before sunset; suitable nesting habitat will not be removed. 5. Construction to take place as per the HPA provisions from the Washington Department of Fish and Wildlife. 6. Previously discussed BMPs to be strictly adhered to. Colgan Biological Evaluation 6 i 7. Native vegetation will be planted in an approx.thirty by twenty-foot(30' x 2 ') ar a along the eastern extent of the property's shoreline,where native vegetat on is currently lacking(see Mitigation Planting). i 2.5 Bes Mairement Practice s In order to nuainta the present water quality of Lake Cushman during project constructs n,l Best Management Practices (BMPs) will be implemented.BMPs are defined as physicE 1, structural, and/or managerial practices that prevent or reduce the pollution f water(WDOE). The following source control BMPs,which are detailed in the WDO '�Stor water Management Manual for Western Washington, Volume II Construct n Stor water Pollution Prevention (2012),will be implemented for long-term protection ofwat r quality at the site: BMP C1 1: Pre rving Natural Vegetation Wherever practic 1, native vegetation shall be preserved to reduce erosion. Natural vegetation s ould be preserved on steep slopes,near perennial and intermittent watercourse ors ales, and on building sites in wooded areas. i The follo i g a itional BMP will be used to insure that water quality is not degraded durint and after construction: 1. Ec uiiOme t will be cleaned and checked for leaks, offsite and daily, before c tnenc ng work. In additio a,the f(llowing Spill Prevention Control measures will also be followed: 1) The appli apt wil I supply the site with a portable bathroom or allow workers access to an onsite bal hrbom o that solid or liquid waste will not become a source of stormwater pollution 2)Th( applicant will be responsible for alerting the appropriate authorities in the event of a h ardous spill. 3)The applicant will have a spill kit and be able to perform basic co ttrol, containment, and/or confinement operations within the capabilities of the res uirces i nd personnel protective equipment available. In other words, small spills, such as pa nt or oil, will be promptly and fully collected and disposed of at a suitable C is osal site. In the event of a significant spill, a fish kill, and/or if fish are observed in distress the Washington State Department of Ecology(800.258.5990) and the Washing State Department of Fish and Wildlife's Area Habitat Biologist, Joshua Benton( 6 .602 0364), will be notified immediately. Colgan B 1 gica Evaluation 7 3.0 Action Area The action area is located on the shoreline of Lake Cushman at the proposed project site. Besides the proposed project location, the action area includes the surrounding area within a designated distance from the site in order to account for construction impacts that may affect species listed under the Endangered Species Act by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service as either endangered or threatened. The limits of the action area are based upon the geographic extent(in both aquatic and terrestrial environments)of the physical, chemical, and biological effects resulting from the proposed action, including direct and indirect effects, as well as effects of interrelated and interdependent activities(WSDOT 2010). Turbidity and noise are expected to be the most detrimental project effects. Because work will occur when Lake Cushman is lowered,project turbidity is expected to be no greater than turbidity that is common to the area during heavy rains, when various ephemeral and perennial streams (including the Np stream at the site) and the north fork of the Skokomish River discharge sediment laden water into Lake Cushman. It is probable that the project's distance from the lake's lowered shoreline will be sufficient enough that disturbed sediments will disperse gradually(via precipitation) over the exposed lakebed without ever reaching water until the lake is raised. It is possible that the Np stream, which is closer to the work area than the lake's lowered shoreline, may experience moderate turbidity from runoff during or following construction at the site; however, terrestrial noise is expected to be the most far-reaching effect from the proposed bulkhead installation. The action area for terrestrial noise effects is based upon an ambient sound level of 40 dBA for an area with a population of less than 100 people per mile (WSDOT 2010). In addition, the Olympic National Forest programmatic biological assessment uses an estimated ambient level of 40 dBA for undisturbed forested areas (USDI 2003). Noise frequency and levels for the bulkhead construction and derelict piling removal with a small tractor is expected to be intermittent and moderate. The noise level of a backhoe at 50 feet is 78 dBA(WSDOT 2014).A small tractor is not expected to be as noisy as a backhoe; however, it is expected that the transport and setting of two-man rock and quarry spalls will intermittently produce the project's maximum noise level. Noise levels at 50 feet from impact equipment, including pile drivers,jackhammers, and rock drills can range from 79 to 110 dBA(WSDOT 2014). Other than the intermittent impacting of two-man angular rock or half-man quarry spalls,the project will not produce noise levels associated with impact equipment. Therefore,the construction of the bulkhead with a small tractor has been assigned a noise level of 79 dBA at 50 feet. To determine the distance that the proposed project's maximum point source construction noise will travel before it attenuates to the ambient sound level;the following Practical Spreading Loss Model equation was used: D=Do * 10((Construction Noise—Ambient Sound Level in dBA)/a) Where D=the distance from the noise &Do=the reference measurement distance of 50'. Colgan Biological Evaluation 8 I n truc on noise from the proposed project will travel approx. 3,970 feet over Average c P p P J hard site c n itio s (Lake Cushman) and 1,656 feet over soft site conditions (forested areas)bef re,it(the noise) attenuates to the ambient sound level. Therefore,the extent of the action iroa is ,970 feet or 0.75 mi. over the lake's surface and 1,656 feet or 0.31 mi. inland fro the pr posed project site and adjacent shorelines(Attachment 1). In additio ,the ac ion area includes several unnamed fish-bearing streams that are located ap rox. ar prox. 0.28 and 0.42 mi.to the northwest and 0.41 and 1.19 mi.to the southwest) f the s ite.Numerous non fish-bearing streams are located throughout the action area, inclu 'ng one at the site and another that is approx. 0.04 mi.to the northeast. 4.0 ES Pa -,ies and Habitat Information In the prol iosed pi qJect area,there are five species listed under the Endangered Species Act by the U.S. Fi sh and Wildlife Service(USFWS) as either threatened or endangered. The bull ti out(Sa velinus confluentus), marbled murrelet(Brachyramphus marmoratus), northern motted c wl (Stridex occidentalis), streaked horned lark(Eremophila alpestris strigata), ind yell w-billed cuckoo(Coccyzus americanus) are listed as threatened and critical ha it it ha been designated for the former four species.The project area is located on Lake ma which has been designated critical habitat for the bull trout. Two other species in th{e pro ect area are listed as proposed. The fisher(Mantes pennanti) is listed as proposed h aten d, and the Dolly Varden (Salvelinus malma) is listed as proposed under the E A "s milarity of appearance"provision. In the pro osed p oject area,there is one species listed under the Endangered Species Act by the National N.arine Fisheries Service(NMFS) as either threatened, endangered, or a candidate species The Puget Sound Chinook salmon(Oncorhynchus tshawytscha) is listed as t11 reatene d and critical habitat has been designated. Lake Cushman is a historical watershec of the hinook that has been anthropogenically blocked; however, it has been designate critical habitat. The Wast ington epartment of Fish and Wildlife(WDFW) GIS maps reveal the documenle41 pres nce of two other species of salmonids on the State's Priority Habitat and Spec' s�list v ithin the action area: Kokanee (Oncorhynchus nerka) and the Puget Sound/Cc ash al cL fthroat trout(Oncorhynchus clarki clarki).The presence of these two species h s been locumented in Lake Cushman. WDFW data reveals that Lake Cushman was stock d with 23,896 cutthroat trout in 2005 and 205,800 Kokanee (landlocked sockeye s almon) in 2004. A WDFW biologist reported that other species that inhabit the lake inclu de rain ow trout(Oncorhynchus mykiss) and non-native largemouth bass (Micropt rus sal oides). Addition 11y, Tac ma Power is presently working in association with the Skokomish Tribe an the WI FW to reestablish migrating salmonid runs in the North fork of the Colgan Bi 1 gical Evaluation 9 Skokomish River. The North Fork Skokomish Powerhouse and Fish Facility has been completed. This facility collects adult fish at the base of Cushman Dam No. 2 and transports them to the top of the dam for sorting. It also provides sorting facilities for juvenile fish and transports them to the base of the dam for release into the river. The fry will be released in Lake Cushman, and smolts will be collected and released into the lower North Fork Skokomish River.Returning adult sockeye will eventually be collected at the base of Cushman Dam No. 2. Two new hatcheries are also under construction, one on the Hood Canal at Potlatch for sockeye,the other on Lake Kokanee for Chinook, coho, and steelhead. Hatchery construction is planned to be complete in 2015 (Tacoma Public Utilities 2015). 4.1 ESA Listed Species BULL TROUT Bull trout are members of the char subgroup of the salmon family and are native to the Pacific Northwest and western Canada. Water temperature above 15 degrees Celsius is believed to limit bull trout distribution, as eggs and juveniles require extremely cold water for survival. Bull trout are also vulnerable to degraded stream habitat, poor water quality, dams and other stream blocking structures, and predation by non-native fish. Critical habitat includes Lake Cushman and the upper North Fork of the Skokomish River(70 FR 56304). Critical Habitat in the former includes spawning and rearing habitat, while the latter provides rearing, foraging, and migration habitat, so it is expected that bull trout may be found in the action area of the proposed project site. MARBLED MURRELET A small, diving seabird in the family Alcidae, the marbled murrelet forages for small fish and invertebrates almost exclusively in nearshore marine waters, while nesting inland in old-growth or mature conifer forests. Threats include loss of habitat,predation, gill-net fishing operations, oil spills, marine pollution, and disease. The USFWS assembled a team of scientists in October 2011 to investigate causes for the continued decline in murrelet populations. The outcome of these discussions listed many factors, chiefly loss of potential nesting habitat as the main reason for hindrance of population recovery goals (WDFW 2012). Potential nest trees are coniferous trees within 55 mi (88.5 km) of marine waters that support at least one 4-inch(10.2-cm) diameter platform located at least 33 feet(10 meters)above the ground,with horizontal and vertical cover(USFWS 2012). If a tree or forested area does not support these habitat features, it is"extremely unlikely"to support a murrelet nest(USFWS 2012).Nest success is influenced by forest structure, the spatial mix of habitat and non-habitat, human disturbance, prey availability, and marine foraging conditions. Human disturbance can lead to higher predation levels by Steller's and gray Colgan Biological Evaluation 10 I I I _ fuse at high- use re ven and ot her sp ecies that seek human related foods a g days, crow , p use recrea oihal am as(Peery et at. 2004,Marzluff and Neatherlin 2006). Critical ha itat f6i the marbled murrelet,which was designated in May of 1996 and revised in ctobet of 2011, is not located within the proposed project's action area, but it is located pprox. D.83 mi. north and 2.1 mi.northwest of the project site;therefore, it is possible tt at marb led murrelets may be found in the action area. NORTH I RN SP b TTED OWL The North ern Spo led Owl is one of the largest owls in North America, and the average adult fem, is ap roximately 18 inches tall with a 48-inch wingspan.Northern spotted owls are s ri tly cturnal, and require old-growth forests with multi-layered canopies of trees, incl ding 1 ge trees with broken tops, deformed limbs, and large holes and cavities to nest in.l Ttie Nc rthem spotted owl is very territorial and intolerant of habitat disturban e., and a pair requires a large amount of forest for hunting and nesting.Habitat loss has o charred as a result of forest conversion,timber harvest, fire, windthrow, insect outbreak n4 dis se (WDFW 2012). The USF � des' mated revised critical habitat for the northern spotted owl under the Endangeredl,Spec es Act. In total, approximately 9,577,969 acres (ac) (3,876,064 hectares (ha)) in 1 i units rid 60 subunits in California, Oregon, and Washington fall within the boundari(s of the 2 critical habitat designation.The action area does not include designate J criticE 1 habitat for the Northern spotted owl;however, critical habitat is nearby.E ue to tl r close proximity of human habitation, it is unlikely that any Northern spotted o v1s ma3 be found in the action area. i STREA P H RNED LARK Horned 11 s are birds that utilize wide open spaces with no trees and few or no shrubs. The stree epd hor ied lark nests on the ground in sparsely vegetated sites dominated by grasses a id shrubs. Historically this type of habitat was found in prairies in western Oregon z rid Was ington, in dune habitats along the coast of Washington, on the sandy beaches nd spit along the Columbia and Willamette Rivers, and in grasslands, estuaries, and sandy beach, s in British Columbia(WDFW 2012). Today the streaked horned lark nests in broad ange of habitats, including native prairies, coastal dunes, fallow and active a icultur it fields,wetland mudflats, sparsely-vegetated edges of grass fields, recently lnted hristmas tree farms with extensive bare ground, moderately-to heavily- grazed s ures, gravel roads or gravel shoulders of lightly-traveled roads, airports, and dredge p�ositi sites in the lower Columbia River(WDFW 2012). It is exp coed th t the action area contains unsuitable habitat for the streaked horned lark. Colgan iologicE 1 Evaluation 1 1 I I YELLOW-BILLED CUCKOO The yellow-billed cuckoo(Coccyzus americanus) is a neotropical migrant bird that winters in South America and breeds in western North America. The yellow-billed cuckoo is insectivorous and lives in riparian woodlands (USFWS 2014). Reports of individual cuckoos have been very rare in recent decades, with only three known reports since 2000, these being near Lind(Adams Co.) in 2001,near Eureka(Walla Walla Co.) in June 2007, and from Little Pend Oreille National Wildlife Refuge (Stevens Co.) in June 2012. Habitat loss and pesticide use are thought to be two of the main causes for the precipitous decline of western yellow-billed cuckoos.Agriculture, grazing, reservoir construction, flood control, urbanization, and other factors across the West have caused the large-scale loss and degradation of lowland riparian forest, which is the cuckoo's primary habitat. It is expected that the action area contains unsuitable habitat for the yellow-billed cuckoo. CHINOOK SALMON Chinook salmon in Lake Cushman are a land-locked population that originated from anadromous fish, although loss of genetic variation makes it difficult to determine whether they are descended from historical Hood Canal populations or introduced hatchery fish (NOAA 2006). Lake Cushman Chinook are genetically different, smaller in size (and presumably less fecund)than their anadromous counterparts (Myers et al. 1998). On Jan. 12,2009,Tacoma Power,the Skokomish Tribal Nation and state and federal agencies signed a settlement agreement that resolved a$5.8 billion damages claim and long-standing disputes over the terms of a long-term license for Cushman Hydroelectric Project. Tacoma Power has proposed to introduce sockeye and spring Chinook and enhance the existing winter steelhead and coho populations in the North Fork in cooperation with the WDFW and the Skokomish Tribe (Tacoma Public Utilities 2014). In addition, Tacoma Power will annually release up to 100,000 rainbow trout for sport harvest(TPU 2014). Lake Cushman has been designated Critical habitat, and the site provides rearing, foraging, and migration habitat, so it is expected that adult and/or juvenile Chinook salmon may be found in the action area. 5.0 Environmental Baseline Conditions 5.1 Action Area The environmental baseline represents the existing set of conditions,to which the effects of the proposed action are then added. The environmental baseline is defined as"the past and present impacts of all Federal, state, and private actions and other human activities in the action area,the anticipated impacts of all proposed Federal projects in the action area Colgan Biological Evaluation 12 i i i i and the impact of lr ad I nder one formal or informal section 7 consultation, a p that have y g state or pr e ad ions which are contemporaneous with the consultation process" (50 CFR 402.02). The proposed project site is in WRIA 16 on Lake Cushman in Mason County. T e,maj ity of the fresh and marine waterbodies in WRIA 16 suffer from water quality iss es;ho ever,Lake Cushman is not listed on the state's 2012 Water Quality 303(d) lisl of imp fired waterbodies for any parameters. Two waterbodies in the Skokomish water hed,the South Fork of the Skokomish River and Lebar Creek are listed for the parameter f temperature(high). The propc sed pro ect site is located in a rural neighborhood on a lot with approximately 130' of frontage Lake Cushman, in an area classified as an Urban Residential shoreline criviron nent by the Shoreline Master Program of Mason County.Neighboring parcels su piort si gle-family residences(or recreational cabins), bulkheads,piers, and floats. Foi es ed IE rid in the vicinity of Lake Cushman has been logged heavily. Erosion impacts f Dni surt ce flows have been particularly damaging in the logged areas above the lake's west sb 3re. Before the ciOmpl tion of two dams in 1926 and 1930, Lake Cushman was a natural oligotrop ici,lake ith a mean depth of 200 feet. Now Lake Cushman is 4,010-acre water body in tt e Oly is National Forest, having been altered in size to accommodate the hydroelec trit dan s.Because of the dams,water levels in Lake Cushman can fluctuate up to 21 met rs(69 1 eet),with peak levels occurring during summer and minimum levels during wAiter.TI magnitude of these fluctuations results in periodic inundation of 12 hectares 0 acre )of land surrounding the inlet to the reservoir,resulting in high water temperatt res in t ie shallow waters of the inlet during the summer months (Brenkman 1998). Ct rrently, the reservoir inundates 17.2 kilometers(10.7 miles)of river, including areas of t e�origil Lal Lake Cushman (Brenkman 1998). 5.2 Prilposei I Project Area A field i vestigal ion was conducted on the afternoon of November 20th of 2015.The project a ea was urveyed visually on foot.The elevation of the lake's water level was approx. 726 feet which is approx. 12 feet lower than the current ordinary high water mark of 738 feet The site $upport, a single-family residence located approximately 13 feet vertically and 52 feet h Azontelly from the shoreline of Lake Cushman, on a small cove that features an Np streai n.The tream possesses fish habitat,but no fish were observed. There is a moderat ly heav y cover of native vegetation along the shoreline, including over a dozen medium o large native trees. The shoreline is accessed via a foot path located northeast of the sii gle-fan.ily residence.Existing steps that extend onto the shoreline are old and failing. he slop of the beach is shallow in the vicinity of the proposed bulkhead, and the subs rate cot sists primarily of sand, clay, gravel,with some cobble and other small native to k. Thp site is somewhat protected from Lake Cushman's wave action by the Colgan *gica Eva luation 13 i existing pier, ramp, and float, although the site faces into prevailing winds and the bank is moderately to severely undercut in places. The stream is located approx. 15 feet from the proposed east end of the bulkhead and approx. 25 to 30 feet from the west end; it is confined to an incised channel that runs across the lakebed and angles away from the subject property. When the lake's waters are raised, it is likely that the stream's confluence with the lake is located approx. 20 to 25 feet from the east end of the bulkhead. The stream is located approximately(approx.)two to three feet lower in elevation than the proposed bulkhead installation area.According to the applicant, the stream's waters seldom overflow its banks and never reach the bulkhead installation area.No indications that the stream overflows its channel were observed. The stream's channel on the subject property is bordered by a substantial amount of large and small woody debris,however, it is expected that the woody debris material is not from upstream flooding but is lake debris that drifted into the cove during strong winds and was deposited there when the lake's waters receded. Weeds growing along the lake's upper shoreline at the site appear to indicate that in 2015 the lake was not raised to full pool or full pool was not maintained for the entire season. 6.0 Effects of the Action 6.1 Direct Effects Direct effects to the shoreline include: 1)Loss of benthic habitat from the installation of the rock bulkhead. 2)The modification of the natural transition between terrestrial and aquatic ecosystems. 3) The alteration of natural erosion processes that deliver sediment to the lake. 1) The proposed rock bulkhead will only occupy approx. 180 sf of benthic habitat. The removal of existing derelict pier pilings will restore a negligible amount of benthic habitat.Due to the seasonal fluctuations of the lake's water level, it is probable that benthic species do not thrive in the nearshore areas of the lake that lack permanent water. No empirical evidence was found to document if both terrestrial and aquatic species utilize the upper shoreline habitat, or if it has been too altered to support normal concentrations of either species. 2)Hard armored bulkheads modify the natural transition between terrestrial and aquatic ecosystems. This can affect movement of materials and organisms between systems. Structures may also result in alterations to the pattern of natural drainage to the beach. It is expected that the proposed rock bulkhead,which will be constructed with small angular rock(two-man, backed with half-man quarry spalls)that results in a smaller footprint(approx. 2' in width with an average height of 2.5'), will not restrict the movement of organisms or organic materials such as leaves, twigs, etcetera.A rock bulkhead constructed of angular rock will have interstitial spaces that may provide refuge Colgan Biological Evaluation 14 I habitat fo I j enil salmonids or other aquatic species. Terrestrial species such as native squirrels, h pmu ks, and lizards have also been observed(by the author)utilizing rock bulkheads)as habi at. Raccoons and deer have been observed using rock bulkhead steps to access the shoreli e. In addition,rock provides habitat for bacteria(some involved in nitrifcati n/denit lification processes), macroalgae, and invertebrates (the latter two, commonly associ ited with marine shorelines). Rock is also a source of minerals that are used in re ox(ox dction/reduction)reactions,which are critical for clean water quality. Addition 1 ,th& asalt riprap to be placed along the bulkhead's eroded toe is natural rock that i 1 cr e habitat, similar to cobble and other rock on the shorelines of Lake Cushman I is e ected that angular rock such as basalt is a common and abundant habitat c Tifi ne of all Olympic Mountain alpine lakes.The proposed riprap installation will have nt interstitial spaces that provide refuge habitat for juvenile salmonids or other tic ecies. In addition,rock provides habitat for bacteria(some involved in nitrifcati den' ification processes),macroalgae, and invertebrates.Rock is also a source o ner that are used in redox(oxidation/reduction)reactions,which are critical f ean': ater quality. Addition 11 , roc bulkheads are pervious to water and therefore unlikely to impact natural d i age o the beach. 3) It is eN pe rted at the bulkhead will not alter natural erosion processes that deliver sediment to the e.The bulkhead is being installed to alleviate unnatural bank erosion from wai e cti that occurs, primarily, due to the(unnatural) seasonal raising and lowering of Lak Cushman and wave action from prevailing winds.This will be discussed rth in 6.4 Indirect Effects. Tempo ary D ect Effects Tempor, yldirect effects caused by the proposed project include: 1)Turbidity and sedimen ation i Lake Cushman or the Np stream. 2)Noise. 3) Water pollution from incidental uelea of fuel, oil, or other contaminants. l Disturbed substrate from the installation of the bulkhead may result in increased turbi lity and sedimentation.As previously discussed, BMPs will be strictly adhe ed to during construction in order to maintain the present water quality of L ke Cushman and the Np stream by preventing runoff and pollution. In addi 'on, the proposed project will take place when the water level in the lake is ra ch lower than the OHWM(738'), so it is probable that precipitation will grad ally disperse any disturbed substrate over the exposed lakebed before it com s into direct contact with the lake's waters. It is possible that the Np stye' ,which is closer to the proposed work area than the lake lowered sho line,may experience moderate turbidity from runoff during or following isa si nific ant con uction at the site;however, rt expected that the streamg Colgan iologic 1 Evaluation 15 i I source of turbidity and sediments to the small cove that comprises the stream delta, based on aerial photos(Google Earth 2013),the sediment composition of the lakebed in the area(which features a high percentage of gravel and sand), and the slope (which is untypically gentle for Lake Cushman). It is expected that wave action from the lake distributes sediments throughout the cove and along the shoreline when the steam's channel is seasonally flooded by the lake's waters. Therefore,the project may result in moderate turbidity and sedimentation that is significantly less than turbidity and sedimentation common to the area. 2) The main source of construction noise will be from the installation of the rock bulkhead.Noise will be intermittent and is expected to be a maximum of 79 dBA at 50 feet. 3)Potential water pollution from accidental release of fuel, oil, or other contaminants is another possible temporary direct effect.As previously discussed, Spill Prevention Control measures and BMPs will be implemented during the proposed project. 6.2 Primary Constituent Elements PRIMARY CONSTITUENT ELEMENTS In order to properly analyze the effects on designated critical habitat, a logical framework must be utilized. In determining what areas are critical habitat, agency regulations require the NMFS to focus on the principal biological or physical constituent elements that are essential to the conservation of the species. The regulations identify Primary Constituent elements(PCEs) as including, but not limited to: "roost sites, nesting grounds, spawning sites, feeding sites, seasonal wetland or dryland, water quality or quantity, host species or plant pollinator, geological formation, vegetation type,tide, and specific soil types(69 FR 71888)."In 2003 NMFS biologists developed a list of PCEs specific to salmon, based on a decision matrix(NMFS, 1996)that describes general parameters and characteristics of most of the essential features under consideration when critical habitat is designated. There are six specific types of sites essential to support one or more life stages of an ESU (sites for spawning, rearing, migration, and foraging). Each site names physical or biological features (PCEs) essential to the conservation of salmonids. In 2010, USFWS biologists developed a list of PCEs specific to bull trout, based on a decision matrix (NMFS, 1996)that describes general parameters and characteristics of most of the essential features under consideration when critical habitat is designated. Lakes and reservoirs figure prominently in meeting the life-cycle requirements of adfluvial bull trout. Lake Cushman is designated critical habitat for the bull trout and the Chinook salmon;therefore,the direct effects on the designated critical habitat of bull trout and Chinook salmon have been analyzed using the appropriate PCEs for the nearshore lacustrine environment. Colgan Biological Evaluation 16 I I BULL T UT P Es: Water ten poratu es that support bull trout use. Bull trout have been documented in streams n ith tem Peraturesfrom 32 to 72 degrees F but are found more frequently in temperat res rah Zing from 36 to 59 degrees F--the project will have no direct effect on water tern elratur s that support bull trout use. Migrato corrid rs with minimal physical, biological, or water quality impediments between awn i , rearing, overwintering, and foraging habitats, including intermitte Fit or s sonal barriers induced by high water temperatures or low flows— the proje will h ve no direct effect on migratory corridors that support bull trout use. Passage w ill not Se altered during construction as no construction will occur unless the waters of Lake C tshman are low. The rock bulkhead will have interstitial spaces that may create new f raging opportunities for bull trout. An abun a t fo base including terrestrial organisms of riparian origin, and aquatic macroin a ebr es—the project is expected to have a minimal direct effect on an abundant food belie for bull trout. Construction will take place when the Jake's waters are lowered and no r ative shrubs or trees will be removed. Perman t wate of sufficient quantity and quality such that normal reproduction, growth, and sur ival are not inhibited--the project is expected to have a minimal direct effect on water q iality.Project construction may cause temporary turbidity or sedimentatipri, d ie to the close proximity of the Np stream; however, it will be significai itl les than turbidity and sedimentation that is common to the area. BMPs are expected to prev nt or moderate potential water pollution during construction. In addition,the pro ect will remove existing creosoted pilings that may or may not be a source ofwater 1 iollution. CHINO K SA IMON PCEs: Unobstr cted p ssage—passage will not be altered during construction as no construe ion will occur unless the waters of Lake Cushman are low. Water uglity the project is expected to have a minimal direct effect on water quality. Project onstruc ion may cause temporary turbidity or sedimentation, due to the close proximi y of the Np stream; however, it will be significantly less than turbidity and sedimer tation t at is common to the area. BMPs are expected to prevent or moderate potentia water ollution during construction.In addition,the project will remove existing creosot-4ilinds that may or may not be a source of water pollution. Water Ouanti the project will have no effect on water quantity. Colgan 17 i logic 1 Evaluation ; i Forage—the rock bulkhead will have interstitial spaces that may create new foraging opportunities for Chinook. Natural Cover—the project will remove derelict pilings that may or may not mimic natural cover(of large woody debris). 6.3 Direct Effects to ESA Listed Species The direct effect from the proposed project to other ESA listed species that are likely to be found in the action area have been analyzed as follows: NORTHERN SPOTTED OWL Due to the close proximity of human habitation and the small size of the action area, it is unlikely that any Northern spotted owls may be found in the action area of the proposed project site. The rural neighborhood where the site is located extends approx. 0.8 mi. south of the proposed project site, 0.5 mi. north to State Route 119, and 0.3 mi. northeast. With the extensive acreage of undeveloped forest land nearby, it seems unlikely that Northern spotted owls will be nesting,roosting, or foraging in the vicinity of anthropogenic development. MARBLED MURRELET The primary threats to marbled murrelet from anthropogenic activities include loss of nesting habitat, gill-net fishing operations, oil spills, and marine pollution.Previously noted BMPs and Spill Prevention Control Measures will be adhered to during project construction to protect the water quality of Lake Cushman.Noise impacts to any nesting or foraging murrelets in the action area are expected to be negligible. Construction is unlikely to occur during the marbled murrelet nesting season between April 1 through September 23rd, as the lake's waters are expected to be raised during that time frame. To ensure minimal disturbance to any marbled murrelets that may be nesting in the action area,the following noise threshold guidelines will be followed during project construction: •Project activities will occur between two hours after sunrise and two hours before sunset. •Suitable nesting habitat will not be removed. Note: The rural neighborhood where the site is located extends approx. 0.8 mi. south of the proposed project site, 0.5 mi.north to State Route 119, and 0.3 mi.northeast. With the extensive acreage of undeveloped forest land nearby, it seems unlikely that marbled Colgan Biological Evaluation 18 I in the vicinity of anthro ogenic in roost ing, or foraging y p e testing, g g relets� i 1 b g mur g developm n . i 6.4 Indirect ]Effects Indirect e fects am those effects that are caused by or will result from the proposed action and are la er in ti rie, but are still reasonably certain to occur(50 CFR 402.02).Possible indirect e eicts from the proposed project include: 1)The new bulkhead exacerbates passive ei sion to the shoreline. 2)The bulkhead causes a reduction in the accumulation of large d ift logs on the beach. 1) When vaves ri flect off shoreline armoring structures,particularly concrete or other types of flat4acei I bulkheads,they can cause scouring and hardening of the substrate and steepeni of the beach. The sediment in front of a bulkhead will gradually become coarser a Wave ction and littoral drift removes the finer sediment and there is no sediment availab e for replenishment because it is impounded behind the bulkhead (Macdon t14 eta 1994).Hard-armored bulkheads cut off sediment that was once available o feed the beach,thus adversely affecting natural beach-forming processes. The prop s d b ead may impact sediment movement into the lake by impounding sediment, t it ulkhead) is not expected to result in significant scouring or steepening of the be c at t site.Unlike the steep,unnatural topography of the majority of Lake Cushma 's sho lines,the proposed project site is located in a small cove that features a shallow 1 ed oreline composed predominantly of gravel (from the Np stream, see 6.1 Direct f cts, ,emporary Direct Effects 1));however,the shoreline at the site has still suffered rosion ue to the raising and lowering of the lake and exposure to prevailing winds.Also,roc is a natural material. Unlike concrete or wood bulkheads, the uneven surface d irre lar form of a rock bulkhead has interstitial spaces that absorb and dissipate Wave diergy and lessen toe erosion and other previously discussed detrimental effects associate J with hard-armoring. Additionally,the proposed area to be bulkheaded is low bank and ould not typically be a significant source of sediments. While a small amount of Iexca ated sediments will be utilized in the project to fill in holes or depressi nS fror i the derelict piling removal and the bulkhead construction,the majority (of exca iated sc diments)will be removed from the shoreline following the project's complet on, as"acoma Power does not allow excavated sediments to be spread over the shorelin at La Cushman. Referen e m rials for this report primarily assess bulkhead impacts to marine shoreli s nd,, particular,Puget Sound. While some impacts are applicable to lake shoreli s bea` feeding/forming processes appear to differ significantly and be site specific kes re unique ecosystems that may not be benefited by the addition of sedime s A 2' 12 study by Stanford University on a large, deep Alpine lake in Italy reveale tat s' pended sediment concentration(SSC) can significantly affect the ecologi a hea and function of lakes and reservoirs due to the following: Colgan 3iologic il Evaluation 19 i i I i 1)Sediment can regulate primary production by limiting light availability and also by acting as a source of nutrients(Schallenberg and Burns 2004). 2)High sediment concentrations in a lake or reservoir can lead to poor water quality from high turbidity levels as well as decreased basin volume through sedimentation(Morris a al. 2008). 3)Lakes and reservoirs can act as sinks for many sediment-bound contaminants that can accumulate and deleteriously affect aquatic ecosystems(Mariani a al. 2008). A 2004 USDA Forest Service Technical Report(PSW-GTR-193)revealed that another large, deep Alpine lake, Lake Tahoe, was found to be very sensitive to the input of fine sediments (less than 63 micrometers in size). Because of its slow settling rate and the long hydraulic residence time in the lake, the impact of fine sediment on water clarity is persistent: a 2 micrometer particle takes 2 years to settle out of the water column. In conclusion, on Lake Cushman, a lake whose shorelines lack water for roughly six to seven months each year, it seems counterproductive to consider beach feeding a positive habitat process as the lake was significantly enlarged to accommodate two hydroelectric dams that produce environmentally friendly electric power free of carbon emissions. 3) Shoreline armoring can also limit the accumulation of large drift logs on the beach, as large woody debris is less likely to accumulate on beaches that have steepened due to the presence of a bulkhead(Macdonald et al. 1994). Large woody debris (LWD)provides detrital input, food sources, and potential refuge for migrating juvenile salmon. Due to the moderate number of power boats that utilize the lake in the vicinity of the proposed project site, it is not safe to recommend anchoring LWD to the beach.Nor is it allowed by Tacoma Power. In addition,there are numerous existing stumps along the shoreline throughout the lake and a substantial amount of woody debris at the site, as it collects in the cove. 6.5 Primary Constituent Elements PRIMARY CONSTITUENT ELEMENTS The indirect effects on the designated critical habitat of Bull trout and Puget Sound Chinook have been analyzed using the appropriate PCEs for the nearshore lacustrine environment. BULL TROUT PCEs: Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 degrees F but are found more frequently in temperatures ranging from 36 to 59 degrees F--the project will have no indirect effect on water temperatures that support bull trout use. Colgan Biological Evaluation 20 I migratori corrido ors with minimal physical, biological, or water quality impediments between arvnin , rearing, overwintering, and foraging habitats, including intermita tor sersonal barriers induced by high water temperatures or low flows—the project w 1 have o indirect effect on migratory corridors that support bull trout use. An abun antfoo I base including terrestrial organisms of riparian origin, aquatic macroin ?rsebrai es, and forage fish--mitigation plantings may eventually provide leaf matter and insects for aquatic life in Lake Cushman, improving foraging opportunities for bull trout Permane t watei of sufficient quantity and quality such that normal reproduction, growth, and sun'val are not inhibited—removal of the derelict pilings is expected to have a ne ligible effect on water quality due to the small quantity and the fact that any visible cr osote( n the pilings surface) appears to be long gone. CHINO :SAL qON PCEs: Unobstr ctjed p sage—the project will not have any indirect effect on unobstructed passage. ; Water QI ality the project will not have any indirect effect on water quality(see bull trout). Water Q mti the project will not have any indirect effect on water quantity. Forage tl e pr ect may have a beneficial effect on forage (see bull trout). Natural aver the project will not have any indirect effect on natural cover. 6.6 In ilrec Effects to ESA Listed Species The iO ect effects from the proposed project to other ESA listed species that are likely to be fo nd in tI e action area have been analyzed as follows: NORT E NS POTTED OWL &MARBLED MURRELET While it is�high unlikely that either species would nest in trees that are located in a rural neighb hod, e proposed project may result in increased recreational usage at the site, which c uld pr mpt both species to nest elsewhere. n I i 'lo is 1 Evaluation 21 Colga g 6.7 Interrelated/Interdependent Effects Interrelated and interdependent effects are described as the effects of the action under consultation analyzed together with the effects of other activities that are interrelated to, or interdependent with,that action. An interrelated activity is an activity that is part of the proposed action and depends on the proposed action for its justification.An interdependent activity is an activity that has no independent utility apart from the action under consultation(FWS &NMFS 1998). The project will have no obvious interrelated or interdependent effects. 6.8 Primary Constituent Elements BULL TROUT PCEs: Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 degrees F but are found more frequently in temperatures ranging from 36 to 59 degrees F--the project will have no interrelated or interdependent effects on water temperatures that support bull trout use. Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows the project will have no interrelated or interdependent effects on migratory corridors that support bull trout use. An abundant food base including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage fish--the project will have no interrelated or interdependent effects on the bull trout's food base. Permanent water of sufficient quantity and quality such that normal reproduction, growth, and survival are not inhibited--the project will have no interrelated or interdependent effects on water supply or quality. CHINOOK SALMON PCEs: Unobstructed passage the project will have no interrelated or interdependent effects on unobstructed passage. Water Quality—the project will have no interrelated or interdependent effects on unobstructed passage. Water Quantity—the project will have no interrelated or interdependent effects on water quantity. Colgan Biological Evaluation 22 i Forage t e Oroje�t will have no interrelated or interdependent effects on water quantity. Natural Q ver—t project will have no interrelated or interdependent effects on natural cover. I 6.9 Cu ula ve Ef fects Cumulati e effeci s are defined as"those effects of future state or private activities, not involving Federal activities,that are reasonably certain to occur within the action area of the action subject to consultation"(50 CFR 402.02). Cumulative impacts are difficult to access. C1 ntinued growth and urbanization is likely to detrimentally impact fish and wildlife r source . Global warming could raise the water level of Puget Sound, leaving many waterfront roperties underwater. Global warming could also result in warmer water teiriperaturl s,to the detriment of species such as bull trout.Additionally, over- fishing m iy depl to stocks of salmon, even as restoration of habitat in the watershed furthers t keir like ihood of survival. I 7.0 Co On on 7.1 Ta 0 A alysis Section of the SA prohibits take of endangered or threatened species, "take"being defined i i Section 3 as to harass,harm, pursue, hunt, shoot,wound,trap, capture, or collect listed spe ies, or attempt to engage in any such conduct. "Harm" is further defined as a sign ficant t abitat modification or degradation that actually kills or injures listed species "sign ficantly impairing behavioral patterns such as breeding, spawning, rearing, i igratir g, feeding, and sheltering"(50 CFR 222.102). "Harass" is further defined an m ntional or negligent act which creates the likelihood of injury to wildlife by anno ing it to such an extent as to significantly disrupt normal behavior patterns which i hfde, bat are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). In regards W the p posed project and the existing development activities, it is extremely unlikely that an "take"will occur. Previously listed conservation measures will further insure t llikeli ood that no"take"will occur. 7.2 D terml nation of Effect A deten 10atiorof May affect, not likely to adversely affect is the appropriate conclusion when e ects on the species or their critical habitat are expected to be beneficial, discoun able, oi insignificant. After reviewing the appropriate data and survey informa ion, I b ive concluded that the proposed project will have an insignificant impact on the p evious y discussed Endangered or Threatened species if the previously discussed 23 Colgan I liologic, 1 Evaluation I I conservation measures are implemented. In my most honest and professional opinion, while the proposed project may impact individual Endangered or Threatened species in the project area, it is not likely to adversely affect or jeopardize the continued existence of those species or their designated Critical Habitat. The determination of effect for each of the listed species is: 1. Bull trout and their designated Critical Habitat May affect, not likely to adversely affect. 2. Chinook salmon--May affect, not likely to adversely affect. 3. Marbled muff elet May affect, not likely to adversely affect. 4. Northern spotted owl No effect. 5. Streaked horned lark---No effect. 6. Yellow-billed cuckoo No effect. Colgan Biological Evaluation 24 i 8.0 Re eren es Literature I i Federal Rcgistedvlol. 70,No. 170/September 2, 2005/Rules and Regulations Federal gister ol. 70,No.185 /September 26, 2005/Rules and Regulations Federal egister Vol. 71,No. 176/Tuesday, September 12, 2006/Proposed Rules Federal egister Vol. 75,No. 200/October 18, 2010/Rules and Regulations Federal egister 77 FR 14062/1\4arch 8, 2012/Proposed Rules Federal egister ol. 77,No. 106/June 1, 2012/Proposed Rules Federal egister Vol. 76,No. 193/October 5, 2011/Rules and Regulations Coats,R 2 04. utrient and sediment transport in the streams of the Lake Tahoe Basin: a 30-year et osp 'tive.USDA Forest Services general technical report PSW-GTR-193. Google arth. 2 13.Aerial Imagery. Internet report. URL: htt s:// o le.com/earth/ Johanne seen, J., A.MacLennan, A.Blue, J. Waggoner, S. Williams, W. Gerstel,R. Barnard R. Can nan, and H. Shipman. 2014.Marine Shoreline Design Guidelines. Washington Del artment of Fish and Wildlife, Olympia, Washington. Kleinsel midt. 2 12. Shoreline Management Plan, Cushman Project,FERC Project Number 460. Tcoma Power,Tacoma Washington. Leigh, ichael. 1996. Grow your own native landscape: a guide to identifying, propaga inig, ani landscaping with Western Washington native plants. Washington State Univers tyj Cool ierative Extension/Thurston County, Olympia, WA. I Mason oItinty, Washington. 2016.Assessor-Treasurer Electronic Property Information Profile. Internel report.URL: htt :// :)pert . o.mason.wa.us/Taxsifter/Search/results.aspx?q=42307-50-00025 Nation Geogr hic. 2002.Field Guide to the Birds of North America.National Geogra hic So iety, Washington,D.C. pg. 226, 244, 250, & 320. 25 Colgan iologic it Evaluation I l National Marine Fisheries Service. 2014. Distribution of Threatened and Endangered Species. Internet report. URL: http://www.nwr.noaa.gov NOAA. 2014. Endangered and Threatened Marine Species. Internet report. URL: http://www.nmfs.noaa.gov/pr/species/esa/ Scheu,K.R., D.A.Fong, S. G. Monismith, and O.B.Fringer.2012. Sediment transport dynamics near a river inflow of a large alpine lake. Environmental Fluids Mechanics Laboratory, Stanford University. Stanford, CA. Skokomish Indian Tribe & Washington Department of Fish and Wildlife. 2010. Recovery Plan for Skokomish River Chinook Salmon. Internet Report. URL: http://hecc.wa.aov/Downloads/Downloads GetFile aspx?id=397519&fd-0 Tacoma Public Utilities. 2014. Cushman Hydro Project. Internet report. URL: https://www.mylpu.ora/tacomapower/about-tacoma-power/dams power sources/h dro power/cushman-hydro-pro,ect/ Tacoma Public Utilities. 2015. Cushman Fisheries Program. Internet report. URL: http://www.mMu.org/tacomapower/fish-wildlife-environment/cushman h, dro project/cushman-fisheries-program htm U.S. Fish and Wildlife Service. 1997. Recovery Plan for the Threatened Marbled Murrelet in Washington, Oregon, and California. Published by USFWS, Portland, OR. URL: http://ecos.fws.aov/docs/recovery plans/1997/970924 pdf U.S.Fish and Wildlife Service. 2004. Draft Recovery Plan for the Coastal-Puget Sound Distinct Population Segment of Bull Trout(Salvelinus confluentus). Volume 1I(of I1): Olympic Peninsula Management Unit. Portland, Oregon. 277+xvi pp U.S. Fish and Wildlife Service. 2011. Species Profile, Marbled Murrelet. Internet report. URL: http://www.fws-gov/arcata/es/birds/mm/m murrelet html U.S. Fish and Wildlife Service. 2012. Guidance for Identifying Marbled Murrelet Nest Trees in Washington State. Internet report. URL: http://www.wsdot.wa.jzov/NR/rdonlyres/2D97D3D8-D448 43A7 8249 E2319095C8C2/0/MAMUhabitatFWS pdf U.S. Fish and Wildlife Service. 2012. Marbled Murrelet Nesting Season and Analytical Framework for Section 7 Consultation in Washington. Internet report. URL: http://www.wsdot.wa.�yov/NR/rdonlyres/F3847D4F-BFIC 476C 8E9D A45A715B624C/0/CoverLtrNestingSeason pdf Colgan Biological Evaluation 26 i U.S.Fish nd Wi dlife Service. 2013. Conducting Masking Analysis for Marbled Murrelets'I and Pil Driving Projects. Internet report. URL: htt ://ww .iwsdo .wa.gov/NR/rdonlyres/3506DAAA-4BI3-4EIB-855D- 36E047EQ7990/ MAMU MaskAnal sis. df U.S. Fish�and Wi dlife Service. 2015. Official Species List#01EWFW00-2016-SLI- 0346. lnt met rel lort. URL: http•//www.fws.g�ov/wafwo/ U.S. Fis 'land W dlife Service. 2014. Species fact sheet, Streaked Horned Lark, Eremoph,la alpe tris strigata. Internet report. URL: htt :/ww .fws. ov/wafwo/s ecies/Fact%20sheets/streakedhornedlarkfinal. df Washing on Stab Department of Ecology. 2012. 2012 Water Quality Assessment 303(d) List: Sko omis osewallips Water Resource Inventory Area(WRIA 16). Internet report. U : htt ://www.ecy.wa.gov/Tro rams/wq/303d/currentassessmt.html Washin on Stat Department of Ecology. 2012. 2012 Stormwater Management Manual for West m Wa ington. Internet report.URL: https:Hfo ress. .gov/ecy/publications/SummaryPages/1410055.htmi Washin on Sta Department of Natural Resources. 2014. FPARS ARCIMS mapping applicati n. Inte et report: URL: http://fortress.wa.gov/dnr/a 1/fpars/viewer.htm Washin I ton Del artment of Fish and Wildlife. 2008.Priority Habitat and Species List. Olympi Nash'igton. 177 pp. Washin on De artment of Fish and Wildlife. 2012.Annual Report: Marbled Murrelet. Internet eport.I�RL: htt ://w fw.wa. ov/conservation/endan ered/s ecies/marbled murrelet. df Washin on De artment of Fish and Wildlife. 2012.Annual Report:Northern Spotted Owl. In rnet re. ort. URL: htt ://w .wa ov/conservation/endan ered/s ecies/northern s otted owl. df Washin on De artment of Fish and Wildlife. 2012.Annual Report: Streaked Horned Lark.Ir temet report.URL: htt ://w .wagov/conservation/endangered/species/streaked horned lark. df Washin ton D artment of Fish and Wildlife. 2012.Annual Report: Yellow-billed Cuckoo, Intern t report.URL: htt :// fw.wa'gov/conservation/endangered/species/yellow-billed cuckoo. df Washio gton Dc partment of Fish and Wildlife. 2014. SalmonScape. Internet report. URL: htto:HaJ)D9.wdfx.wa.gov/ almonscUe/ Colgan,Biologic Ell Ev aluation 2 i Washington State Department of Transportation. 2014. BA Preparation for Transportation Projects—Advanced Training Manual—Version 4-02-2014. URL: http://www.wsdot.wa.jzov/NR/rdonlyres/Al F85352-90E0-457l3 9A8C B5103E097FAE10/BA manualpart2 pdf Colgan Biological Evaluation 28 Attach ent 1 The vicin y map nd the extent of the action area from a few designated points. �<" COL GAN PR TY N OPER 110 DISCOVERY N DRIVE , l �.. Vj ._._ . . r Ob Q WIC N I Fore - 0 750 mf r y: �� Lake Cushman stela eprk 0 I I I Colgan 29 Biologic 1 Evaluation I I Attachment 2 Site Plan with existing development. Y.. . ... .. _. \_ G„ 67 _. _. c _..�.0 tJ�3 REFERENCE:/USACE will provrdt) LOCATION:110 N Discovery Dr, PROPOSED PROJECT: Install 2.5' Hoodsport,WA 98548 average height rock bulkhead aloe APPLICANT:Steve Colgan Parcel#42318-50-OW36 8 approximately 90 limml feet shoreline at ADJACENT PROPERTY OWNERS: LAT/C.ONG:47.48788 N hat/ 738 elevation. 1.Flo:42318-50-00022 -123.24263 W long IN:Lake Cushman 2.Molloy:42318-50-0W37 NEAR/AT:Lake Cushman Div.3 PAGE 1 OF s3 DATE:1/27/2016 Lot 36 COUNTY:Mason STATE: WA Colgan Biological Evaluation 30 i Attachn e6t 3 Site plan A exi ting development and proposed overwater development reconfigui atlon. i i lV V'� 3 r Y>i I 4 ( s i CA 41 S r 1 �t i , t ,i < 1 1 t T r, t� Reference Number: Applicant Name:Steve Colgan proposed project:Bulkhead installation Location: a Cushn Div.3 Lot 36 Sheet2of maDate:1/27/2016 31 Colgan3io'logic 31 Evaluation i Attachment 4 Cross section. IAI ................................ . . Rcf—c Number; _— APPlic ant Name:Steve Colgan Proposed Project:Bulkhead installation l ocat on:Lgke Cushman Div,3 Lot 36 Sheceof Date: 1/27/2016 Colgan Biological Evaluation 32 i Attachn kent 5 The easte -most xtent of the shoreline to be bulkheaded. �I i l i I I 33 Colgan j3i logic il Evaluation Attachment 6 The existing shoreline access steps along the eastern extent of the shoreline that is proposed to be bulkheaded. Colgan Biological Evaluation 34 i I h I e Attac t 7� The weste exten of the shoreline that is proposed to be bulkheaded with one of the derelict pi ings to e removed. EPP i r, 1� it I I i 35 Colgan iologic 1 Evaluation Attachment 8 The western-most extent of the shoreline that is proposed to be bulkheaded with more of the derelict pilings that will be removed and the existing pier. l�R Colgan Biological Evaluation 36 Attachn emt 9 The existi g float nd pier with the Np stream (upper left) and the ramp/pier(upper right) in the bac groun i Col an 37 i i' is 1 Evaluation g g I Attachment 10 The existing Np stream at the site, and the neighboring property to the northeast. Colgan Biological Evaluation 38 I I Attach It 1 The existi g Np s earn at the site and the neighboring property to the northeast. I I I I i i ic I 39 Colgan iologic al Evaluation Attachment 12 The proposed mitigation planting area along the eastern extent of the property's shoreline. Colgan Biological Evaluation 40 i I I I Attachm nt 13 ' Essential F sh Hab t Assessment E entia 1 Fish Habi tat Assessment ss I A. Bac round The Magn isoln Fis ery Conservation and Management Act was signed into law on April 13, 1976. Oder ovisions of the Act, eight Regional Fishery Management Councils were estab is ed t prepare FMP's in conformance with national standards published in 50 CFR P 600. 5-340. The Magnuson Act was renamed the Magnuson-Stevens Act in a 1996 propri tions bill. On October 11, 1996,the Sustainable Fisheries Act,which amended t e Magnuson-Stevens Act, was signed into law. Provisions included a mandate that the C(uncils end each IMP to include a description of Essential Fish Habitat, including adverse mpacts on EFH and conservation measures to protect EFH. Essential Fish Habit t is del ned as those waters and substrate necessary to fish for spawning, breeding, lbeding, or growth to maturity. The Pacifi c Fisher es Management Council has designated EFH for federally-managed species on thle Pac fic West Coast, including 82 species of groundfish, 5 coastal pelagic species, arid 3 spe ies of salmon.The following species may occur in Lake Cushman during soinie perio I of their life history: Chinook salmon(Oncorhynchus tshawytscha) and Coho salmon Oncorhynchus kisutch). B. Essenritial Fi h Habitat The desigi awed E H for Pacific salmon species is identified using U.S. Geological Survey(L SGS)h drologic units as well as habitat association tables and life history descriptio s i,of ea h life stage(PFMC 1999).The EFH for the Pacific coast salmon fishery is efined as those waters and substrate necessary for salmon production needed to supporl a long erm sustainable salmon fishery and salmon contributions to a healthy ecosyste (WSD T 2014). To achieve that level of production,EFH must include all those stye ins, lat es,ponds,wetlands, and other currently viable water bodies and most of the hat'tat hist Drically accessible to salmon in Washington, Oregon, Idaho, and Califomi (WS T 2014). This does not include habitats above the impassible barriers identified by the acific Fishery Management Council Fishery Management Plan (PFMC 1999). I I i al valuation 41 n Bi ld c Colga g C. Proposed Action The proposed project is the installation of a small bulkhead using two-man rock and the removal of existing pier pilings. D. Effects of the Proposed Action The effects of the proposed project on designated EFH are expected to be comparable to the effects described in the attached BE. E. Conservation Measures The conservation measures and BMPs discussed in the attached BE will be implemented to minimize any adverse effects to Essential Fish Habitat. F. Conclusion The proposed project is likely to have no significant impact on designated EFH for Pacific salmon. G. References NOAA, 2006. Final environmental assessment and finding of no significant impact for Magnuson-Stevens Act Provisions; Essential Fish Habitat. Internet report. Website: http://www.nmfs.noaa.gov/habitat/efh/finalenvironmentalassessmentandfindingofno.htm PFMC (Pacific Fishery Management Council), 1999. Fisheries Management Plans for groundfish, coastal pelagic fish, and Pacific salmon. Internet reports. Website: www.pcouncil.org/ Washington State Department of Transportation. 2014. BA Preparation for Transportation Projects—Advanced Training Manual, Chapter 16—Version 4-02-2014. Internet report. http://www.wsdot.wa.gov/NR/rdonlyres/AIF85352-90EO-457B-9A8C B5103E097FAE10/BA manualpart2 pdf Colgan Biological Evaluation 42