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HomeMy WebLinkAboutMEP2017-00010 - MEP Inspections - 6/9/2017 MASON ENVIRONMENTAL PERMIT($630 or$380 w/other permit) Mason County Permit Center Use: ❑ CONDITIONAL USE($1520) MEP ZD 1—�- - XD1 D ❑X , ❑ HABITAT MANAGEMENT PLAN REVIEW($445) Date Rcvd C? " - ZQ) 7- JUN 0 6 2017 MASON COUNTY 615 W. Alder Street DEPARTMENT OF COMMUNITY DEVELOPMENT Mason County Resource Ordinance(Chapter 17.01 MCC) ENVIRONMENTAL PERMIT APPLICATION The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical areas and is under the authority of Chapters 36.32,36.70A, 39.34, 58.17, 76.09, 84.33, 84.34 and 90.58 RCW. PLEASE PRINT 1. PROPERTY OWNER Name: Shallow Creek,LLC C/O Nordstrom Eberhardt,Susan TTEE TUW Nordstrom Mailing Address: 145 E Lake Sammamish Pkwy SE, Sammamish,WA 98074-3811 Work Phone: see agent please Email Address: Home/Cell Phone: Fax#: If an agent is actin or the property owner during the permit process, com lete#2. 2.AUTHORIZED AGENT Name: Kimberly Schaumburg Mailing Address: 10112 Bayview Road KPN,Vaughn WA 98394 Work Phone: (253)884-5776 Email Address: kimberly035@centurytel.net Home/Cell Phone: Fax# 3. PROJECT SITE Site Address: 7293 E SR 106(located just east of the Alderbrook Lodge). Legal Description: SUNNY BEACH TR 16 E Parcel#: 32233-50-00023 25' S R/W Directions to Site: Site is located just east of the Alderbrook Lodge on SR 106. Attach a site plan showing the following: Lot Dimensions,Flood Zones,Existing Structures,Fences, Water Lines,Driveways,Drainage Plans, Shorelines, Septic System,Topography,Proposed Improvements,Easements,North Arrow,and Scale.Also draw a separate topography diagram. 4. State which section requires permit: ❑ Long Term Commercial Forest,Chapter 17.10.060 ❑ Frequently Flooded Areas,Chapter 17.01.090 ❑ Mineral Resource Lands,Chapter 17.01.066 ❑ Landslide Hazard Area,Chapter 17.01.100 ❑ Aquifer Recharge Area,Chapter 17.01.080 ❑ Seismic Hazard Areas,Chapter 17.01.102 ❑ Erosion Hazard Area,Chapter 17.01.104 X Fish & Wildlife Habitat Conservation Areas, ❑ In-Holding Lands,Chapter 17.01.062 Chapter 17.01.110 ❑ Wetlands,Chapter 17.01.070 5. Identify current use of the property with existing improvements: Currently the property supports an older single-family residence. 6. Identify and describe the proposed project, including the type of materials to be used, construction methods, principle dimensions,and other pertinent information(attach additional sheets, if needed): Maintenance dredging of an existing manmade pond to prevent downstream flooding.The manmade pond shall be followed. In addition,filter fabric shall be placed over the pond's two outlets to prevent downstream turbidity. 7. Describe why the action requiring this permit cannot be avoided. See 6. 8. Will there be an alteration of a wetland and/or wetland vegetation area(circle one)? Yes X No 9. Identify any surface water on or adjacent to property(circle one): Saltwater Lake Stream Pond Wetland Drainage Ditch 10. Identify existing septic/sewer connection(circle one): If septic is located on project site, include records. X Connected to Septic Connected to Community Septic 11. Identify existing water supply(circle one): Public Water Supply Well 11. Type of Job(circle one): X New Add Alteration Repair Demolition Other: Kim Schaumburg c urg Print Name Signature Date 4-14-17 I i I I 1 I CROSS SECTION(NTS) I I I I i 1 I I I I I j APPROX 60 CUBIC YARDS OF 1 GRAVELAND SILT TO BE REMOVED I BY TRACK EXCAVATOR.POND IS 1 APPROX 6'IN DEPTH. 1 I 1 I I I I I I EXISTING SFR I I I I I I 1 1 I I I SR 108 I I I MANMADE POND I ATOTAL OF FIVE RESIDENCES IMPACTED BY FLOODING OF THE STREAM AND POND, I LOCATED ON THE NORTH SIDE OF SIR 106,ARE NOT SHOWN IN THIS DRAWING. I I 1 APPROX.450'TO HOOD CANAL - I 1 DRAIN OUTLET FOR THE PERENNIAL STREAM,WHICH IS THEN TIGHTLINED BELOW GRADE AND CONVEYED I BENEATH SR 106. I I I I I I I 1 I UN-NAMED PERENNIAL STREAM THE PERENNIAL STREAM FLOWS ABOVE GROUND FOR APPROX.150',THEN IS TIGHTLINED BELOW GRADE FOR APPROX.SEVERAL HUNDRED FEET TO WHERE IT DISCHARGES REFERENCE: NWS-2016-- LOCATION: 7293 SR 106 PROPOSED PROJECT:TO REMOVE i INTO HOOD CANALATAN UNKNOWN UNION, WA APPROX. 30 CU/YDS OF SEDIMENTS ; POINT ON THE INTERTIDAL APPLICANT: SHALLOW CREEK LLC. #32233-50-00023 i (LITTORAL)SHORELINE. IN: MANMADE POND INSTALLED TO 1 ADJACENT PROPERTY OWNERS: LAT/LONG: 47.34771 TRAP SEDIMENTS FROM A PERENNIAL (1) CHARLES HAMMOND TRSE -123.06399 STREAM AND PREVENT FLOODING OF + SR106&HOOD CANAL RESIDENCES I SHEET: 1 OF 1 NORTH D DATE: 12-19-16 NEAR/AT UNION I FL4VN NG SCALE: 1"=40" 1 � • COUNTY: MASON STATE: WA 1 I All SITE pMENS10N6 I AREAPPRO%IM4TE 1 I P�Or1-STArFO MASON COUNTY 4 h�C DEPARTMENT OF PUBLIC WORKS o A , N 100 W Public Works Dr Shelton WA 98584 _ , o T 2 (360)427-9670 7 NY y OJ �O 1864 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2017-00037 Description of Proposal: MAINTENANCE DREDGING OF AN EXISTING MANMADE POND TO PREVENT DOWNSTREAM FLOODING. THE MAN MADE POND SHALL BE DREDGED OF APPROXIMATELY 60 CU\YDS OF ALLUVIAL SEDIMENTS USING AN EXCAVATOR. WDOE'S BMP'S SHALL BE FOLLOWED. IN ADDITION, FILTER FABRIC SHALL BE PLACED OVER THE POND'S TWO OUTLETS TO PREVENT DOWNSTREAM TURBIDITY. Proponent: SHALLOW CREEK LLC Location of Proposal: E STATE ROUTE 106 UNION Parcel Number: 322335000023 Legal Description: SUNNY BEACH TR 16 E 125' S R/W Directions to Site: FOLLOW ST RT 106, PROPERTY IS ACROSS FROM 7291 E ST RT 106 Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Ron Buckholt at ext. 287 with any questions. This MDNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to Dept. of Public Works,100 W Public Works DR, Shelton WA 98584 by 7/10/2017. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. /4- Authorized Local Government Official Date ypN"STATFO MASON COUNTY �P ,�,C � DEPARTMENT OF COMMUNITY DEVELOPMENT 0 S N z Planning Division N v Y 615 W Alder St, Shelton, WA 98584 1864 (360)427-9670 MASON COUNTY ENVIRONMENTAL PERMIT June 26, 2017 Parcel Number(s): 322335000023 Expiration Date. 6/26/2019 12:00:00A Date Issued: 6/26/2017 Case Number: MEP2017-00010 Project Description: MAINTENANCE DREDGING OF AN EXISTING MANMADE POND TO PREVENT DOWNSTREAM FLOODING. THE MAN MADE POND SHALL BE DREDGED OF APPROXIMATELY 60 CU\YDS OF ALLUVIAL SEDIMENTS USING AN EXCAVATOR. WDOE'S BMP'S SHALL BE FOLLOWED. IN ADDITION, FILTER FABRIC SHALL BE PLACED OVER THE POND'S TWO OUTLETS TO PREVENT DOWNSTREAM TURBIDITY. The following critical areas are present on this property: Long-Term Commercial Forest xx FWHCA Ch. 17.10.060; Ch. 17.01.110; Mineral Resource Lands Frequently Flooded Areas Ch. 17.01.066; Ch. 17.01.090; Inholding Lands Landslide Hazard Areas Ch. 17.01.062; Ch. 17.01.100; Wetlands Seismic Hazard Areas Ch. 17.01.070; Ch. 17.01.102; Critical Aquifer Recharge Erosion Hazard Areas Ch. 17.01.080; Ch. 17.01.104. This permit, with conditions, is granted pursuant to the Mason County Resource Ordinance (Chapter 17.01 MCC.) Nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations applicable to this project. This permit may be rescinded if the permitee fails to complete the project as proposed or fails to comply with the standards of this ordinance. Authorized Local Government Official Date 6/26/2017 Page 1 of 2 MEP2017-00010 MASON COUNTY ENVIRONMENTAL PERMIT 6/26/2017 Case No.: MEP2017-00010 Conditions: 1.) Proponent shall adhere to the BMPs and recommendations stated in the updated January 11, 2017 HMP. No permit or exemption authorizing construction shall extend for a term of more than five years. If actual construction of a development for which a permit has been granted has not begun within two years after approval, the Review Authority, the Mason County Planning Department, shall review the Mason Environmental Permit (MEP)and upon showing good cause, may extend the initial two year period by one year. No permit shall be extended unless the applicant has requested such review and extension prior to the exporation date. Signature Date OWNER - REPRESENTATIVE - CONTRACTOR Print Name (Circle one to indicate) 6/26/2017 Page 2 of 2 MEP2017-00010 STATE 4. _ of � s yy oY inns STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 -Olympia, Washington 98504-7775 •(360)407-6300 711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341 July 10,2017 Mr.Ron Buckholt Mason County Department of Community Development Planning Division PO Box 279 Shelton, WA 98584 Dear Mr.Buckholt: Thank you for the opportunity to comment on the determination of nonsignificance for the Nordstrom Pond Sediment Removal Project(SEP2017-00037) located east of SR 106 in Union as proposed by Shallow Creek LLC. The Department of Ecology(Ecology) reviewed the environmental checklist and has the following comment(s): WATER QUALITY: Chris Montague-Breakwell(360)407-6364 The following construction activities require coverage under the Construction Stormwater General Permit: l. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. a) This includes forest practices(including,but not limited to,class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State; and 3. Any size construction activity discharging stormwater to waters of the State that Ecology: a) Determines to be a significant contributor of pollutants to waters of the State of Washington. b) Reasonably expects to cause a violation of any water quality standard. Mr.Ron Buckholt July 10, 2017 Page 2 If there are known soil/ground water contaminants present on-site, additional information (including, but not limited to:temporary erosion and sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s); and additional studies/reports regarding contaminant(s))will be required to be submitted. You may apply online or obtain an application from Ecology's website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/-Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. Ecology's comments are based upon information provided by the lead agency. As such,they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments,please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (SM:17-3367) cc: Chris Montague-Breakwell, WQ Shallow Creek LLC (Proponent) i P�oN_STATF � MASON COUNTY c Department of Community Services o ni� = Planning Division o N z 615 W Alder St, Shelton, WA 98584 7 N i (360)427-9670 OJ �O 1864 Exemption from Shoreline Management Act Case No.: SHX2017-00031 Substantial Development Permit Requirement The Proposal By: SHALLOW CREEK LLC C/O NORDSTROM EBERHARDT 145 E LAKE SAMMAMISH PKWY SE SAMMAMISH„ WA 98074-3811 Parcel Number: 322335000023 Site Address: E STATE ROUTE 106 UNION To undertake the following development: MAINTENANCE DREDGING OF AN EXISTING MANMADE POND TO PREVENT DOWNSTREAM FLOODING. THE MANMADE POND SHALL BE DREDGED OF APPROXIMATELY 60 CU\YDS OF ALLUVIAL SEDIMENTS USING AN EXCAVATOR. WDOE'S BMP'S SHALL BE FOLLOWED. IN ADDITION, FILTER FABRIC SHALL BE PLACED OVER THE POND'S TWO OUTLETS TO PREVENT DOWNSTREAM TURBIDITY. Within STORMWATER RUN OFF and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2) as being category: (6) frotfhed Please contact Ron Buckholt at ext 287 if you have any questions. Issued-6/19/2017 Authorized Local Government Official SHX2017-00031 June 19, 201 Foe , HEQ 261 -1 - 000fo RECEIVED JUN 0 g 2017 615 W. Alder Street Habitat Management Plan Nordstrom Pond Dredging Project Union, WA For: Shallow Creek,LLC C/O Susan Nordstrom Eberhardt TTEE TUW Nordstrom 145 E Lake Sammamish Pkwy SE Sammamish WA 98074-3811 Prepared by: BioResources,LLC Kim Schaumburg Fisheries biologist,University of Washington, 1981 10112 Bay View Rd. KPN Vaughn,WA,98394 (253) 884-5776 or 225-2973 Email: kimberly035(a,centurytel.net November 7,2010 Updated January 11,2017 Table of Contents I. Project Description A. Project Location........................................................................ 3 B. Project Description..................................................................... 3-4 C. Action Area..............................................................................4 I1. Species and Habitat Information A. Species and Habitat Information....................................................... 4-5 B. Survey Results...........................................................................5-6 C. Existing Environmental Conditions.................................................. 6 III. Effects of the Action A. Direct Effects............................................................................ 6-7 B. Indirect Effects........................................................................... 8 C. Cumulative Effects.......................................................................8 D. Take Analysis.............................................................................9 E. Conservation Measures..................................................................9 F. Determination of Effect................................................................. 9 List of Attachments 1. Project location...................................................................................10 2. Site Photograph...................................................................................11 3. Site Photograph...................................................................................12 4. Site Photograph...................................................................................13 5. Site Photograph...................................................................................14 6. Site Photograph...................................................................................15 Shallow Creek, LLC Habitat Management Plan Page 2 I. Project Description A. Project Location 0.15 miles east of the Alderbrook Lodge on the south side of State Route(SR) 106 (Attachment 1) Tax Parcel#32233-50-00023 Section 33, Township 22N,Range 03W, W.M. 47.34771 N -123.06399 W B. Project Description This Habitat Assessment Report has been submitted on behalf of Shallow Creek, LLC to facilitate approval for the maintenance dredging of an existing manmade pond that acts as a sediment trap for an unnamed perennial stream, in order to prevent downstream flooding of SR 106,the applicant's adjoining parcel, and four adjacent properties. The stream originates on a forested slope to the south of the property and is regulated as a Type F stream under the Mason County Resource Ordinance for Fish and Wildlife Habitat Conservation Areas. As per the Ordinance,this Habitat Management Plan has been submitted for County review. The approximately(approx.)2.2 acre parcel supports an existing single-family residence. The pond, which is approx. fifty by thirty feet(50 x 30')in diameter(Attachment 2), is located approx. 200 feet south of SR 106 and 450 feet south of the marine shoreline of the Hood Canal. During normal flows,the unnamed Type F perennial stream exits the pond via a circular drain and is tight-lined below grade across the lower property and beneath SR 106 to the applicant's adjoining property, where it daylights for approx. 100' before feeding into another subsurface line and discharging into the Hood Canal at an unknown point on the intertidal (littoral) shoreline. Storm flows are transported via an overflow pipe, subsurface,to a Hood Canal outfall located approximately 400 feet east of where the subject stream crosses beneath SR 106. The pond collects alluvial sediments transported downstream from the stream's upper (high energy) reaches,thus alleviating aggradation of the stream's lower reach,which helps to prevent flooding. Periodically,the pond needs to be dredged of excess sediments. The proposed project consists of using an excavator to remove the excess sediments and transporting them to an approved storage site. Equipment and materials will be driven to the site. The equipment will consist of a track excavator, a loader, and other appropriate heavy equipment,plus various hand tools. Work on the project is tentatively scheduled to begin after the receipt of all required permits and approvals. Work will be completed during daylight working hours normal to a rural neighborhood. Shallow Creek, LLC Habitat Management Plan Page 3 In order to maintain the present water quality of the Type F stream and the Hood Canal during work, Best Management Practices will be implemented. BMPs are defined as physical, structural, and/or managerial practices that prevent or reduce the pollution of water(WDOE). The following applicable BMPs shall be used to insure that water quality is not degraded by erosion and sedimentation from rainfall at the site: *All existing native vegetation shall be preserved except where required to be removed for construction purposes. *Equipment shall be cleaned and checked daily for leaks. *Prior to commencing work, filter fabric shall be placed around the pond's two outlets. Accumulated sediments shall be removed during the project and prior to removing the fabric after completion of work. The following Spill Prevention Control measures shall also be followed: *The contractor will supply the site with a portable bathroom if an onsite bathroom is not available for workers, so that liquid or solid waste will not become a source of stormwater pollution. •The contractor shall be responsible for alerting the appropriate authorities in the event of a hazardous spill. *The contractor shall be able to perform basic control,containment, and/or confinement operations within the capabilities of the resources and personnel protective equipment available. In other words, small spills, such as paint or oil, shall be promptly and fully collected and disposed of at a suitable disposal 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 Washington State Department of Fish and Wildlife's Area Habitat Biologist,Joshua Benton (360.602.0364),will be notified immediately. C. Action Area The action area is located at the pond on the project site and for approximately 450' downstream,to where the Type F stream discharges into the Hood Canal. Besides the proposed project location,the action area includes the area within a one mile radius of the site in order to account for construction related noise that may affect species listed under the Endangered Species Act by the U.S. Fish and Wildlife Service as either endangered or threatened. The action area also includes the marine environment within a 0.5 mile radius, in order to account for littoral drift. III. SPECIES AND HABITAT INFORMATION A. SPECIES INFORMATION In the proposed project area,there are six species listed under the Endangered Species Act by the U.S. Fish and Wildlife Service (USFWS)as either threatened, endangered, or candidate species. The bull trout(Salvelinus confluentus), marbled murrelet Shallow Creek, LLC Habitat Management Plan Page 4 (Brachyramphus marmoratus),northern spotted owl (Stridex occidentalis), streaked horned lark(Eremophila alpestris strigata), and yellow-billed cuckoo(Coccyzus americanus)are listed as threatened and critical habitat has been designated for former three species. The proposed project area is in the bull trout's critical habitat. In the proposed project area,there are ten species listed under the Endangered Species Act by the National Marine Fisheries Service(NMFS) as either threatened, endangered, or candidate species. The humpback whale (Megaptera novaeangliae), Bocaccio (Sebastes paucispinis),and leatherback turtle (Dermochelys coriacea) are listed as endangered,while the Puget Sound Chinook salmon(Oncorhynchus tshawytscha), Puget Sound steelhead(Oncorhynchus mykiss), Hood Canal summer-run chum salmon (Oncorhynchus keta), green sturgeon(Acipenser medirostris), canary rockfish(Sebastes pinniger), yelloweye rockfish (Sebastes ruberrimus), and killer whale (Orcinus orca) are listed as threatened. Critical habitat has been designated for the Chinook salmon, Hood Canal summer-run chum, leatherback turtle,Puget Sound rockfish, green sturgeon, and Puget Sound steelhead. Hood Canal is designated critical habitat for the Chinook, Hood Canal summer-run chum salmon,and Puget Sound rockfish. Additionally, a WDFW GIS map for the action area indicates that there are potential forage fish spawning beaches located 0.3 west and 0.25 miles east of the site ()WDFW 2016). C. Survey Results A field investigation was conducted on November 3, 2016 during daylight hours, and the proposed project area was surveyed visually on foot. The site is located on an approximately 2.2-acre parcel that features a single-family residence, a perennial Type F stream(fish-bearing), and a manmade pond. The property south of the pond is moderately sloped and heavily forested, while the area between the pond and SR 106 is relatively flat and partially cleared. Invasive, non-native knotweed was observed growing in the vicinity of the pond. Several existing fish passage blockages downstream from the pond(WDFW 2016) prevent adult and possibly juvenile salmonids from accessing the unnamed Type F stream. It is unknown whether fish may successfully access Hood Canal from the pond; however, fish in Hood Canal are unable to access the pond, and it is expected that they are also unable to access the daylighted stream section on the north side of SR 106.No fish were observed in the pond. The following native plant species were observed growing at the site: Western hemlock (Tsuga heterophylla),Douglas-fir(Pseudotsuga menziesii), bigleaf maple (Acer macrophyllum), Western red cedar(Thuja plicata), Red alder(alnus rubra),horsetail (Equisetum spp.), and sword fern(Polystichum munitum). Shallow Creek,LLC Habitat Management Plan Page 5 The following non-native, invasive plant species were observed: Himalayan blackberry (Rubus procerus) and knotweed(Polygonum spp). D. Existing Environmental Conditions The environmental baseline represents the existing set of conditions,to which the effects of the proposed action are then added. The proposed project site is located in WRIA 14 (Water Resource Inventory Area)on a parcel with a stream and a manmade pond, adjacent to the Hood Canal. State Highway 106 accesses the site. The majority of the shoreline along the South Shore of the Hood Canal has been developed with single- family residences that have bulkheads and docks. The Hood Canal is a glacial-carved fjord that runs 63 miles from its mouth at Admiralty Inlet to Lynch Cove at Belfair. It averages 3.8 miles in width and 500 feet in depth (Johnson et al. 1997). Several factors, including the canal's great depth,poor water circulation, and the input of nutrients have resulted in its lowest concentrations of dissolved oxygen in recorded history. Algae appears to be a primary culprit. Huge algae blooms fueled by warm weather and nutrients from leaking septic tanks, dairy waste, and fertilizer runoff, etc., eventually die then decompose, a process that consumes significant amounts of oxygen. In October of 2003 large fish kills were reported in the Hood Canal (USGS 2006). WDFW biologist Margie Shirato reported that a fish kill had also occurred in 2007 near Dewatto, which is over a dozen miles northwest of the proposed project site. WRIA 14 features an extensive network of low-elevation, low-gradient streams that are dependant on precipitation and groundwater for flow but has no major rivers. The majority of the fresh and marine waterbodies in WRIA 14 suffer from water quality issues. The Hood Canal is on the WSDE's (Washington State Department of Ecology's) 2008 Water Quality 303(d)List as an impaired waterbody for the following parameters in the vicinity of Union: dissolved oxygen and fecal coliform. Besides water quality issues and shoreline hard-armoring, it can be assumed that the existing environmental conditions in the area have also been degraded by organic and inorganic pollutants, deforestation, fishing, and other anthropogenic changes that accompany urbanization. III. Effects of the Action A. Direct Effects Direct effects are the immediate effects of the project on the listed species and their habitats (FWS &NMFS 1998). The direct effect to the project site will be the dredging of alluvial sediments from a manmade pond that acts as a sediment trap for an unnamed Type F stream. Direct effects to the stream and the marine shoreline include: 1) The loss of alluvial sediments that would naturally feed the stream channel and the beach. Shallow Creek, LLC Habitat Management Plan Page 6 1) The pond is located at the upper end of the stream's natural flood plain, where the steep terrain flattens out and the stream losses energy. The pond traps sediments transported by the stream that were once available to feed the stream and the beach,thus directly and adversely affecting downstream fluvial morphology and natural beach-forming processes. Because,the stream's natural floodplain has been compromised by anthropogenic development that precludes channel migration,the natural fluvial process of avulsion cannot take place to offset aggredation. An avulsion is a significant and abrupt relocation of a new channel (WDFW 2002). A stream aggrades when more sediment is transported into the reach than can be transported out of the reach(WDFW 2002). The unnamed stream downstream from the proposed project site exhibits several physical characteristics that lead to (and exacerbate) aggradation, including reduced slope and channel confinement. Channelized streams are prone to aggradation, as they lack the capacity for sediment storage, i.e. a floodplain or a broader migration corridor. Reducing the excess supply of sediments from upstream sources would be the most effective solution, but considering the scope of such a project, it is an unrealistic option. Increasing the stream's slope downstream from the site is also not a viable solution,nor is removing existing infrastructure and development to accommodate a natural floodplain. Therefore, it is necessary to dredge the pond to alleviate or prevent downstream flooding. The proposed project will also result in the loss of sediments that would normally feed the marine beach near the site. However, it is expected that the beach in the area receives sufficient sediment input from the nearby Skokomish and Tahuya Rivers and numerous smaller streams, in addition to sediments from feeder bluffs and other shoreline erosion. Temporary direct effects caused by the proposed projects include: 1) Sedimentation and/or siltation, and turbidity in the unnamed Type F stream and the Hood Canal. 2) Noise. 3) Water pollution from incidental release of fuel, oil, or other contaminants. 1) Since the purpose of the dredging is to remove the existing deposition of sediments in the pond,the proposed project will not contribute additional sedimentation in excess of the amount that it will eliminate. In order to minimize downstream turbidity and siltation, filter fabric shall be placed around the pond's two outlets and accumulated sediments shall be removed during the project and prior to removing the fabric after completion of work(see BMP#3). However, increased turbidity and siltation from the dredging of the channel still may impact salmonids in the area. Salmon are mobile, so it is possible that they will avoid the area of disturbance and not be impacted. Salmonids have been observed to move laterally and downstream to avoid turbidity plumes(Sigler et al. 1984, Lloyd 1987, Scannell 1988). Gregory and Northcote (1993) suggested that turbidity could be used as a protective cover by juvenile salmon. Shallow Creek,LLC Habitat Management Plan Page 7 2) The main source of construction noise will be the operation of heavy equipment. The project site is located in a rural commercial neighborhood that is adjacent to a State Highway, so it is expected that the noise from heavy equipment will not be more excessive than noise normal to the neighborhood. 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 shall be implemented during the proposed project. B. Indirect Effects Indirect effects are those effects that are caused by or will result from the proposed action and are later in time, but are still reasonably certain to occur(50 CFR 402.02). Indirect effects from the proposed project include: 1)The loss of salmonid spawning habitat in the stream and forage fish spawning habitat on the beach. 1) Several existing fish passage blockages downstream from the pond prevent adult and possibly juvenile salmonids from accessing the unnamed Type F stream. In addition,the stream is predominantly tightlined(i.e. transported in a subsurface pipe)between the pond and the Hood Canal,which further impedes fish passage. Therefore,the loss of spawning habitat is not relevant unless the stream is someday restored to a more natural condition. A WDFW GIS map for the action area indicates that there are potential forage fish spawning beaches (WDFW 2016) located 0.3 west and 0.25 miles east of the site. As previously discussed, it is expected that the beach in the area receives sufficient sediment input from the nearby rivers and streams, and shoreline erosion. C. Cumulative Effects Cumulative effects 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. Continued growth and urbanization is likely to detrimentally impact fish and wildlife resources. Global warming could raise the water level of Puget Sound, leaving many waterfront properties underwater. Over-fishing may deplete stocks of salmon, even as restoration of habitat in the watershed furthers their likelihood of survival. Shallow Creek, LLC Habitat Management Plan Page 8 D. Take Analysis Section 9 of the ESA prohibits take of endangered or threatened species,"take"being defined in Section 3 as to harass, harm,pursue,hunt, shoot, wound,trap, capture, or collect listed species, or attempt to engage in any such conduct. "Harm" is further defined as a significant habitat modification or degradation that actually kills or injures listed species by"significantly impairing behavioral patterns such as breeding, spawning, rearing, migrating, feeding, and sheltering"(50 CFR 222.102). "Harass" is further defined as an intentional or negligent act which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include,but are not limited to,breeding, feeding, or sheltering(50 CFR 17.3). In regards to the proposed project and the existing development activities, it is extremely unlikely that any"take"will occur. The following conservation measures (some previously discussed)will further insure the likelihood that no"take"will occur. E. Conservation Measures 1. Previously discussed BMPs to be strictly adhered to. 2. WDFW's HPA stipulations to be strictly adhered to. F. Determination of Effect A determination of May affect, not likely to adversely affect is the appropriate conclusion when effects on the species or their critical habitat are expected to be beneficial, discountable, or insignificant After reviewing the appropriate data and survey information, I have concluded that the proposed project will have an insignificant impact on the previously discussed Endangered or Threatened species if the previously discussed 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. Puget Sound chinook—No effect. 2. Puget Sound Steelhead No effect. 3. Hood Canal summer-run chum--No effect. 4. Bull trout--No effect. Shallow Creek, LLC Habitat Management Plan Page 9 i Attachment 1 Vicinity Map. � ooa � sne , E Hh St tK E Sth St G tlVa't96 I 5 .-. W � E Delhy Rd 4'bn��Ra P YIdiY1 —`ryp LJ��pF��� 'I6 L � Shallow Creek, LLC Habitat Management Plan Page 10 Attachment The .1 pondat theproposed project drain(outlet) structure (lower left). Shallow1 Aftachment The manmade pond at the proposed project site. S�`, - • b**fir w . Shallow Creek, LLC Habitat Management Plan Page 12 i Rs •- -\- er � i�. k Attachment streamThe perennial at the site emerging from the culvert beneath SR 106 on the .ppproperty located on the north side of the highway. Fs. 1 `ter � •a': •-y .Q�� Shallow Creek, LLC Habitat Management Plan Page 13 r Attachment 5 The top of the driveway on the adjacent Nordstrom property,which is subjected to flooding when the pond overflows. ♦• ab I >� a i Shallow Creek, LLC Habitat Management Plan Page 14 Attachment 6 The bottom of the driveway on the adjacent Nordstrom property, where flood flows access the existing residence. 41 JFI 'nor' Shallow Creek, LLC Habitat Management Plan Page 15 I i I 1 I I CROSS SECTION(MS) I I I I I I I 1 1 I I j APPROX 60 CUBIC YARDS OF I GRAVEL AND SILT TO BE REMOVED I BY TRACK EXCAVATOR.POND IS 1 APPROX 61N DEPTH. I I I 1 1 I I I 1 EXISTING SFR I I I I I I I I I I SR 106 I MANMADE POND I ATOTAL OF FIVE RESIDENCES IMPACTED BY FLOODING OF THE STREAM AND POND, LOCATED ON THE NORTH SIDE OF SR 106,ARE NOT SHOWN IN THIS DRAWING. I APPROX.459 TO HOOD CANAL DRAIN OUTLET FOR THE PERENNIAL STREAM,WHICH IS THEN TIGHTLINED BELOW 1 GRADE AND CONVEYED BENEATH SR 106. I UN-NAMED PERENNIAL STREAM THE PERENNIAL STREAM FLOWS ABOVE GROUND FOR APPROX.150%THEN IS TIGHTLINED BELOW GRADE FOR APPROX.SEVERAL HUNDRED FEET TO WHERE IT DISCHARGES REFERENCE: NWS--2016-- LOCATION: 7293 SR 106 PROPOSED PROJECT:TO REMOVE INTO HOOD CANAL AT AN UNKNOWN UNION, WA APPROX. 30 CU/YDS OF SEDIMENTS POINT ON THE INTERTIDAL APPLICANT: SHALLOW CREEK LLC. #32233-50-00023 (LITTORAL)SHORELINE. IN: MANMADE POND INSTALLED TO ADJACENT PROPERTY OWNERS: LAT/LONG: 47.34771 TRAP SEDIMENTS FROM A PERENNIAL (1)CHARLES HAMMOND TRSE -123.06399 STREAM AND PREVENT FLOODING OF SR106&HOOD CANAL RESIDENCES SHEET: 1 OF 1 DATE: 12-19-16 NEAR/AT. UNION NORTH owvvNcscALE: r'=ao I COUNTY: MASON STATE: WA I aE nPn�o �+s 1