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HomeMy WebLinkAboutHabitat Managment Plan Parcel #'s 721162012 and 721162013Beyer Building Envelope Habitat Management Plan March 2. 2016 Site Address: 301 S. Beach Drive Port Ludlow, WA Prepared for: Mark Beyer 13603 179th Ave NE Redmond, WA 95052 S8ssmti MARINE SURVEYS Et ASSESSMENTS 267 Hudson Street Port Townsend WA 98368 (360)385-4073 marine.suNeys.inc@gmail.com Contents 1. Introduction... ........................................................................................................................................ 1 2. Project Information ......................................................................................................................... ...... 1 2.1 Project Location and Site Description ........................................................................................... 1 2.2 Project Description ................................................................................................... .................... 2 3. Regulatory Framework ..................................... .................................................................................... 3 3.1 Modest Home Provision ................................................................................................................ 3 3.2 FEMA Habitat Assessment ................................................. 3 4. Environmental Setting ........................................................................................................................... 3 4.1 Site Survey .................................................................................................................................... 3 4.2 Washington State Priority Habitat and Species ............................................................................. 4 4.3 Surrounding Environment ..................................................................................... ....................... 4 4.4 FEMA Floodplain — Federal ESA -Listed Species and Critical Habitat ........................................5 4.5 Status of Relevant Federally -listed species ................................................................................... 5 4.5.1 Puget Sound Chinook ............................................................................................................ 6 5.5.2 Puget Sound Steelbead ..................................................................... .................................... 6 5.5.3 Hood Canal Summer -run Chum ......................... .................................................................. 6 5.5.4 Bull Trout .............................................................................................................................. 7 5.5.5 Rockfish ................................................................................................................................. 8 5.5.6 Green Sturgeon ...................................................................................................................... 8 5.5.7 Marbled Murrelet ................................................................................................................... 8 5.5.8 Humpback Whale .................................................................................................................. 9 5.5.9 Leatherback Sea Turtle .......................................................................................................... 9 5.5.10 Southern Resident Killer Whales ............... .......................................................................... 9 6 Analysis of Effects ................................................................................................................................ 9 6.1 Vegetation — Wetland and Riparian Areas .................................................................................... 9 6.2 Wildlife ........................................................................................................................................ 10 6.3 Shoreline Processes .............................. ...................................................................................... 10 6.4 Noise ............................................................................................................................................ 10 6.5 Water Quality ............................................ ................................................................................. 10 6.6 FEMA Floodplain ........................................................... ............................................................ 10 7 Conservation and Protection Measures ............................................................................................... 10 I I [Abit at N I ana,,c pen 1 111,111 - Be, C! idu I B ... d"', 7.1 Avoidance and Minimization Measures ...................................................................................... 11 7.2 Compensatory Mitigation & Planting Plan ................................................................................. 11 7.2.1 Introduction ............................................................ ............................................................ 11 7.2.2 Site Vegetation .......................................................................................... ......................... 12 7.2.3 Mitigation Plan .................................................................................................................... 12 7.2.4 Performance Standards ........................ ............................................................................... 13 7.15 Monitoring Plan ................................................................................................................... 13 7.2.6 Maintenance and Contingency ............................................................................................ 14 7.3 Compliance with Jefferson County Mitigation Requirements .................................................... 15 8 Conclusions ......................................................................................................................................... 15 8.1 No Net Loss ................................................................................................................................. 16 8.2 FEMA Determination .................................................................................................................. 16 References................................................................................................................................................... 17 Attachment 1. Assessment of Impacts to Critical Habitat for Puget Sound Chinook and Hood Canal Sumer -rim Chum ......................................................................................................................................... 27 Attachment 2. Assessment of Impacts to Critical Nearshore Habitat forjuvenile bocaccio and canary rockfish; and Critical Deepwater Habitat for yelloweye rockfish, canary rockfish, and bocaccio .............29 List of Tables Table 1. NMFS[USFWS Regional Critical Habitat ....................................................................................... 5 Table2. Plant List ....................................................................................................................................... 12 List of Figures Figure1. Vicinity Map ................................................................................................. 20 Figure 2. Parcel map indicating the project is located on filled tidelands .......................................21 Figure 3. FEMA Floodplain Map showing the site location within the 100 -year floodplain .................22 Figure 4. Site map with wetland area, County setbacks, and proposed building envelope ....................23 Figure 5.2006 Department of Ecology Shoreline photo of proposed building envelope site ....... .......... 24 Figure6. Planting Plan Area ............................................................................................ 25 Figure 7. Planting Plan Example ..................................................................................... 26 'd •11 iii \I, in, it I 'I ji - I i idL, mIj�d kii id i,i, Lim eLyr 1. Introduction The single-family residential proposal described herein is within the Jefferson County Shoreline Master Program (SMP) Shoreline jurisdiction (200 feet from OHWM), within the 150' Fish & Wildlife Critical Area Buffer for marine shoreline areas, within a 110' buffer of a Category III Wetland, and within a FEMA Flood Zone. The proposal is covered under the Modest Home Provision which does provide some exceptions to requirements for critical areas, and does not require a Critical Area Stewardship Plan (CASP). However, it must still meet No Net Loss of ecological functions per the SMP (JCC 18.25.270). As stated in Jefferson County Code 18.22.265, Habitat Management Plans (HMP) are required when an applicant proposes to alter or decrease the standard buffer. This report follows requirements set forth for Habitat Management Plans (HMP) in Jefferson County Code, Chapter 18.22 for Critical Areas, Article VIII, Section 18.22.440 to address development impacts of the proposed project and mitigation for impacts, using the Washington Department of Fish and Wildlife Priority Habitat and Species Management Recommendations as the basis. As required under Section 18.22.440, this HMP has been prepared by qualified biologists with Marine Surveys & Assessments. This Habitat Management Plan also includes sections needed for a FEMA Habitat Assessment, No Net Loss Evaluation, and Wetland Rating and Delineation and includes references to the code sections (or guidance document), outlined below: • The FEMA flood area (Figure 3) and FEMA flood requirements (JCC 18.15), are addressed in FEMA subsections under each section of this HMP: Regulatory Framework, Environmental Setting, Analysis of Effects, and Conclusions. These subsections are based on the 2013 Floodplain Habitat Assessment and Mitigation - Regional Guidance for the Paget Sound Basin. • No Net Loss Evaluation 18.25.270 Critical areas, shoreline buffers, and ecological protection • A Wetland Delineation and Rating is provided in a separate report by MSA. A Pre -Application assessment and meeting (Beyer PRE15-00018) for the SPAAD took place with Mark Beyer (project proponent), and Anna Banisher (Assistant Planner with Jefferson County DCE). 2. Project Information 2.1Project Location and Site Description \,C 1 • 111"I't bl ur cenkni 11alj • lli idu r:a ill I Im Ial�clopc The proposal is located on privately owned lands in Jefferson County located at 301 S. Beach Drive, Port Ludlow, WA on the shoreline of Hood Canal. The site is between South Point and Nordstrom Creek within Jefferson County Shoreline Inventory Reach V (Jefferson County Shoreline Inventory 2008). Address: 301 S. Beach Drive, Port Ludlow, WA County: Jefferson Tax Parcel Ids: 721162012 and 721162013 Section: 16 OtrSection: NW U4 Township: 27N Ranee: IE Latitude and longitude: 47°4951.5"N, 122°41'22.4"W Water resource inventory area (WRIA): WRIA 17 South (Quilcene-Snow) Water bodies in which work will occur: NA Water bodies bordering or adjacent to the project location: Adjacent to marine waters of Hood Canal The shoreline is characterized as modified slope, approved for commercial shellfish, with a Left to Right drift cell direction when looking at shore. Existing bulkheads run along the shoreline at approximately +10' elevation and are approximately 5-6' tall. Evidence of previous fill in the areas upland of the bulkhead were seen during a wetland survey by MSA and noted as "Filled Tidelands" in a Property Survey provided in Figure 2. Parcel 721162013 (to the north) is comprised of 75' of shoreline and planted lawn with a travel trailer; a concrete bulkhead runs along the shoreline at the MHHW line. Parcel 721162012 (to the south) includes 150' of shorelines and is undeveloped land, but disturbed by brush cutting and mowing; there is a rock bulkhead along the shoreline along the MHHW line. The total property with both parcels is 0.56 acre and includes: • 9,015 square feet of Category BI wetland; • 8,946 square feet of proposed building envelope; • 3,600 square feet of proposed development area maximum within the building envelope (2,500 square feet building + 1,100 square feet driveway) • 3,000 square feet is invasive plant species proposed for removal as mitigation; • 3,738 square feel proposed for planting enhancements as mitigation. Adjacent parcels include the property to the north which has a single family residence and bulkhead; and the property to the south has a single family residence and bulkhead. 2.2 Project Description The proposal is to establish a building envelope on the property that is as large as possible. Once built, mitigation planting can be done as needed and activities can be limited in other areas. The actual building footprint will likely be on the south end of the property (mostly on the parcel 721162012). The development will also include a septic system (tanks) that will pump to the offsite drain field via a drain field transport line located in the road along S. Beach Drive. The community drain field is called Trails End Drain Field, also known as the Wally Pederson drain field or the South Point drain field. Because the properly is located in a FEMA flood area, the septic system will be designed to meet the flood requirements in JCC 18.15. ;1151 • II.I lil III III M C r Plan i It,.,k'Ill M I w u111 I.nn-Inpc A road approach will also be included in the application. 3. Regulatory Framework 3.1 Modest Home Provision Exceptions to Critical Area and Shoreline Buffers outlined in JCC 18.25.270 (5) include (a) Nonconforming Lots which allows development without a variance through the Modest Home Provision. The criteria for the Modest Home Provision me included in this proposal and are outlined under Section VI of this report (under Conservation Measures). The Common Line Buffer to reduce the standard buffer for this proposal employs the following approach: With existing homes on both sides, a common line was drawn between the nearest corners of each adjacent residence resulting in a 30' to 37' setback from the OHWM (Figure 4). OHWM is delineated along the shoreline by existing bulkheads. 3.2 FEMA Habitat Assessment The project lies within the "The Regulatory Floodplain" which is comprised of the combination of a Zone -A Special Flood Hazard Area (SFHA) and a Protected Area, where: • The SFHA is the area subject to flooding by the base flood (as determined and mapped for each community by FEMA within flood insurance studies and accompanying Flood Insurance Rate Maps (FIRMs); and • In Puget Sound the 'Protected Area' consists of those lands that lie within the outermost boundary of the total area comprised by the floodway, and the riparian habitat zone (RBZ), and the channel migration area (CMZ). Development proposed within the Regulatory Floodplain requires the applicant to obtain a floodplain development permit and complete a Habitat Assessment that describes the impact of the proposed development on existing floodplain and habitat functions and processes. The requirements of a FEMA Habitat Assessment are similar to those of a HMP, but with additional analysis and mitigation addressing potential impacts to Federal ESA -listed species within the Protected Area. 4. Environmental Setting 4.1 Site Survey A recent Wetland Rating and Delineation by MSA indicates that, although this area is highly disturbed, the presence of hydric soil, hydrophytic vegetation and signs of hydrology provide evidence of a wet area that is still functioning as a Category III wetland. The vegetation in the wetland area (Figure 4) is disturbed and appears to be mowed and pruned on a regular basis. There are mostly native herbaceous species within the wet area and Facultative (FAC) species constituted 60% of the total number of dominant species across all strata. Dominant FAC plants include: Miners -Lettuce (Claytonia perfoliata), Common Velvet Crass (Holcus lanatus), and Few - Seeded Bitter Cress (Cardamine oligosperma). Other species observed in the "wet" plot include: ,, .1 1 zll,JcnICI l Ph [I • Rsc; , Ii I,n ti,I Rwl h, 1 1)%, p, Henderson's Sedge (Carex hendersonii), Baldhip Rose (Rosa gymnocarpa), Bull Thistle (Cirsium vulgare), Cleavers (Galium arpine), Stinging Nettle (Urtica dioica), Trailing Blackberry (Rebus ursinus) and Scotch Broom (Cytiaus scoparius). Along the west side of property by the mad there are tall trees, primarily alders and maples. The entire northern parcel outside the wetland area is covered by planted lawn species. On the southern parcel, the area within the proposed building envelope (Figure 4) has vegetation similar to those found in the wet area of the wetland (but does not have the characteristic wetland soils). Also on the southern parcel, a strip approximately 5' wide of native dunegrass occurs above bulkhead running along most of the parcel's shoreline. There is no overhanging vegetation along the riparian zone and vegetation is limited to dune grass and lawn species. Scotch Broom is abundant on the southern edge of the property, mostly on the neighboring property to the south. 4.2 Washington State Priority Habitat and Species A query of the site with the Washington Department of Fish and Wildlife (WDFW) Priority Habitat and Species (PHS) database indicates no species or habitats of concern within the terrestrial portion of the site. Pacific Sand Lance breeding area, hardshell clam, and oyster bed presence is identified in the intertidal area below the project footprint. Geoduck and Dungeness crab are indicated slightly further offshore. A bald eagle breeding area is documented along the shoreline over th mile southwest of the site. WDFW identifies priority habitats as a habitat type with unique or significant attributes to many species and WDFW defines priority species as wildlife species requiring protective measures as described in the WDFW management guidelines 1991. These lists were established to help protect future development in these special areas. The shoreline along the project site was surveyed in 1995 (by WDFW) and in 2002 and 2003 (by NOSC) for smelt and sand lance spawning and no indicators of spawning were found (WDFW, 2014b). 4.3 Surrounding Environment According to the Jefferson County Shoreline Inventory (2008): Just south of the site, "Nordstrom Creek runs into Hood Canal just south of South Point; its mouth is marked by a small salt marsh of the type favored by juvenile salmonids, and coho and steelhead spawn upstream.... Them are few houses in this area, which appears to be a well functioning ecosystem..." Just north of the site,' Phe long and narrow South Point Spit was formed by sediment transport from an extensive drift cell from the south. The habitat complex historically supported fringing tidal marsh and lagoon habitat protected behind the spit... Historically, net shore -drift continued north of here to terminate at the head of Squarish Huber (where JE -l2 now terminates). However, dredging the entrance of the marina at Bridgehaven and the jetty to the north of this entrance have interrupted continued net shore -drift to the north..." "Despite shoreline alteration in the South Point area, sand lance spawn both south of South Point and north along the outside of the spit. Surf smelt spawn on the shore just north of the spit..." "Behind Bridgehaven in a slough dredged for a marina, juvenile salmonids were not found, whereas they were found immediately to the north in the relatively unaltered backshore of the spit at the origin of drift VS.A • Al 11er_zm i. ['tall • 8L 1\,.: "II!I', J.lina I.n � 1, pk , cell JE -12. The southern part of drift cell JE -12, from the origin to the small point about 1.25 miles to the north, has healthy riparian vegetation (100 percent) often with large trees growing over the intertidal zone. This may be because this area is somewhat protected from southern fetch... In the nearshore, eelgrass beds are continuous along the outside and the inside of the South Point Spit and patchier farther north to the point mentioned above. The characteristics of this reach are unique. A small stream enters Squamish Harbor near the middle of this drift cell and is presumed cutthroat trout habitat..." Additionally, an unnamed stream 0.4 mules south of the project site is identified as having Cohn and Winter Steelhead by WDFW's Northwest Fish Distribution (WDFW, 2012). Soils and Wetland data are included in the MSA Wetland Report. 4.4 FEMA Floodplain — Federal ESA -Listed Species and Critical Habitat A range of fish, marine mammal, and bird species listed Ruder the Endangered Species Act may occur, or may have critical habitat, within the proposed action area. The designated critical habitat within the project footprint, action area, or adjoining 100 -year floodplain is presented below in Table 1. Attachments 1 and 2 provide an assessment of impacts to critical habitat primary constituent elements (PCE's) for critical habitat identified in Table 1. Table 1. NMFSIUSFWS Regional Critical Habitat NMFS/USFWS Critical Habitat Adjoining 100 -year Flood lain project Footprint Action Area Chum Salmon Critical Habitat - Freshwater (NOAA, 2005) N N N Chinook Salmon Critical Habitat - Freshwater (NMFS, 2005) N N N Final Nearshore Rockfish Critical Habitat (NMFS, 2014) Y N Y Final Deepwater Rockfish Critical Habitat (NMFS, 2014) Y N Y Leatherback Sea Turtle Critical Habitat (NMFS, 2012) N N N Green Sturgeon Critical Habitat (NMFS, 2009) N N N Marine Critical Habitat for Puget Sound Chinook Salmon (NOAA, 2005) Y N Y Marine Critical Habitat Hood Canal Summer -tun Chum Salmon (NMFS, 2005) Y N Y Sockeye Salmon Critical Habitat (NMFS, 2005) N N N Southern Resident Killer Whale Critical Habitat (NMFS, 2006) N N N Steelhead Trout Critical Habitat (NMFS, 2005) N N N Bull Trout Final Critical Habitat (USFWS, 2015) N N N Marbled Murrelet(USFWS, 2015) N N N 4.5 Status of Relevant Federally -listed species For each listed species with the potential to be in the project action area or in the remainder of the adjoining 100 -year floodplain, the listing status, distribution of species, and relevant life history traits of ate presented below. For species with Critical Habitat within the action area, an Assessment of Impacts to Critical Habitat is included with this report as an attachment (see Attachments 1-3). • hilt.. ai [\ 1:1,1 [,vnl, I I in- It; e . r trim do nl fill li II 1l ,,lnhc 4.5.1 Puget Sound Chinook The Puget Sound Chinook (Oncorhynchus tshawytscha) is listed under the Endangered Species Act (ESA) as threatened according to the National Marine Fisheries Service (NMFS) (Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations). In addition, NMFS has designated critical habitat for 12 Evolutionarily Significant Units (ESUS) of West Coast salmon, including the Puget Sound Chinook Salmon ESU. The adjacent 100 -year floodplain is in an area designated as critical habitat for the Puget Sound Chinook ESU (Federal Register / Vol 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations). An "Assessment of Impacts to Critical Habitat for Puget Sound Chinook" is provided in Attachment 1. The project site is located in WRIA 17 South (Quilcene-Snow); within the Shine/Ludlow Subbasin (which includes Nordstrom, Shine, Bones, and Ludlow creeks), only Lower Shine Creek and Lower Ludlow Creek are only reported as having chum (WDFW, 2012). Relevant life history: Puget Sound chinook, also called king salmon, are distinguished from all other Pacific salmon by their large size. Most chinook in the Puget Sound are "ocean -type" and migrate to the marine environment during their first year (Myers, et al., 2000). They may enter estuaries immediately after emergence as fry from March to May at a length of 40 ram or they may enter the estuaries as fingerling strolls during May and June of their fust year at a length of 60-80 mm (Healey, 1982). Chinook fry in Washington estuaries feed on emergent insects and epibenthic crustaceans (gammarid amphipods, mysids, and cumaceans). As they grow and move into neritic habitats, they feed on decapod larvae, larval and juvenile fish, drift insects, and euphausiids (Simenstad, Fresh, & Salo, 1982). These ocean -type chinook use estuaries as rearing areas and are the most dependent of all salmon species on estuaries for survival. 5.5.2 Puget Sound Steelhead NMFS has listed the Puget Sound steelhead (Oncorhynehus mykiss) as a threatened species under the ESA (Federal Register /Vol. 72, No. 9I/Friday, May 11, 2007/Rules and Regulations). No critical habitat has yet been finalized for the Puget Sound steelhead distinct population segment, and the adjacent 100 - year floodplain is not included in the proposed critical habitat for Puget Sound steelhead (Federal Register./Vol. 78, No. 9/ Monday, January 14, 2013./ Proposed Rules). No steelhead bearing streams were identified in the Salmonid Habitat Limiting Factors for Water Resource Inventory Area 17 Final Report (WSCC, 2002), but an unnamed stream just south of the project site is identified as having Winter Steelhead (migration only) by WDFW's Northwest Fish Distribution (WDFW, 2012). Relevant life history: steelhead is the name given to the anadromous form of the species O. mykiss. The freshwater residents are called Rainbow trout. Steelhead can return to the ocean after spawning and migrate to freshwater to spawn again, unlike Pacific salmon. Steelhead fry can spend one to two years in freshwater before heading to the open ocean, where they may stay for two to four years before returning to Washington streams. 5.5.3 Hood Canal Summer -run Chum NMFS has listed the Hood Canal summer run chum ESU (Oneorhynchus keta) as threatened under the ESA (Federal Register/ Vol. 70, No. 123 / Tuesday, June 28, 2005). The adjacent 100 -year Floodplain is �Iti V • I lal I t 11 "w"nm.,t Pini • Hcyu Renldantnd HuIIdi tp 1 1i e6' . _ in an area designated as critical habitat for the Hood Canal summer run chum ESU (Federal Register / Vol 70, No.170 / Friday, September 2, 2005 /Rules and Regulations). An "Assessment of Impacts to Critical Habitat for Hood Canal Summer -run Chum" is provided in Attachment 1. Summer chum escapements in Hood Canal have generally experienced a continuous decline for the past 30 years. However, beginning in 2003, escapements began to increase. In 2004, the escapements were the highest recorded during the period that total spawner numbers have been estimated (1974-2004) (WDFW, 2005). The project site is located in W RIA 17 South (Quilcene-Snow); within the Shine/Ludlow Subbasin, only Lower Shine Creek and Lower Ludlow Creek are reported as having Chum (WDFW, 2012). Northwest Fish Distribution data also reports chum (migration only) in an unnamed stream to the south of the project site (WDFW, 2012). Relevant life history: In Puget Sound, chum spawning grounds are situated near coastal rivers and lowland streams. In Hood Canal, the summer -run stocks spawn from early -September to mid-October (WSCC, 2002). Cham (along with ocean -type Chinook) spend more time in the estuarine environment than other species of salmon (Healey, 1982). Residence time in the Hood Canal ranges from 4 to 32 days with an average residence of 24 days (Simenstad, Fresh, & Salo, 1982). Juvenile chum consume benthic organisms found in and around eelgrass beds (hatpacticoid copepods, gammarid amphipods and isopods), but change their diet to drift insects and plankton such as calanoid copepods, larvaceans, and hyperiid amphipods as their size increases to 50 - 60 mm (Simenstad, Fresh, & Salo, 1982). 5.5.4 Bull Trout Bull trout (Salvelinus confluenrus) were listed as threatened by the United States Fish and Wildlife Service (USFWS) in 1999 (Federal RegisterJVol. 64, No. 210./Monday, November I./ 1999/Rules and Regulations). The project site and the adjacent 100 -year floodplain is not located on a shoreline designated as critical habitat for Coastal -Puget Sound bull trout (Federal Register / Vol.75, No. 200 / Monday, October 18, 2010 / Rules and Regulations). The project site is located in WRIA 17. No bulltrout presence or spawning and rearing streams have been identified in the action area (WDFW, 2012; WDFW, 2014a). USFWS has not designated critical habitat for bull trout near the action area (USFWS, 2015). Relevant life history: coastal Puget Sound bull trout have ranged geographically from northern California (at present they are extinct in California) to the Bering Sea coast of Alaska, and northwest along the Pacific Rim to northern Japan and Korea. Bull trout are members of the char subgroup of the salmon family. Spawning occurs typically from August to November in streams and migration to the open sea (for anadromous populations) takes place in the spring. Eggs and juveniles require extremely cold water for survival. Temperatures in excess of about 15 degrees C are thought to limit bull trout distribution (Rieman & McIntyre, 1993). They live both in fresh and marine waters. Some migrate to larger rivers (fluvial), lakes (adfluvial), or saltwater (anadromous) before returning to smaller streams to spawn. Others (resident bull trout) complete all of their life in the streams where they were reared. Habitat degradation, dams and diversions, and predation by non-native fish threaten the Coastal Puget Sound population (Federal Register/ Vol. 64, No. 210, 1999). •Fidhwl,%1 .cru'nl f'',, -B,%- ri11Ihi ,I,!,q, 5.5.5 Rockfish NOAA has listed the distinct population segments (DPSs) of yelloweye and canary rockfish as threatened species under the Endangered Species Act (ESA) and listed the Georgia Basin DPS of bocaccio as endangered (Federal Register / Vol. 75, No. 81 / April 28, 2010, Final Rule). The Georgia Basin refers to all of Puget Sound, including the area around the San Juan Islands, and the Strait of Georgia north to the mouth of the Campbell River in British Columbia. The western boundary of the Georgia Basin runs from east of Port Angeles to Victoria in the Strait of Juan de Fuca. The adjacent 100 -year floodplain falls within the recently designated Nearshore Critical Habitat for Canary Rockfish and Bocaccio (Federal Register Nol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations). The project is located in a terrestrial area but within the 100 -year floodplain adjoining Hood Canal which includes critical habitat for rockfish, both nearshore and deepwater (NMFS, 2014; NMFS, 2014a). An "Assessment of Impacts to Critical Habitat for Rockfish" is provided in Attachment 2. Relevant life history: bocaccio, canary, and yelloweye rockfish remain close to the surface as larvae and pelagic juveniles. As juveniles they settle to henthic environment. They prefer to settle in rocky reefs, kelp beds, low rock and cobble areas (Love, Yoklavich, & Thorsteinson, 2002). As the three species grow larger they move into deeper waters. Adults are found around rocky reefs and coarse habitats. Adult yelloweye, canary and bocaccio rockfish generally inhabit depths from approximately 90' to 1400' (Love, Yoklavich, & Thorsteinson, 2002). All three species are opportunistic feeders, with their prey dependent on their life stage. 5.5.6 Green Sturgeon On April 7, 2006, NMFS determined that the Southern Distinct Population Segment of North American green sturgeon (Acipenser medirostris; hereafter, "Southern DPS") is at risk of extinction in the foreseeable future throughout all or a significant portion of its range and listed the species as threatened under the Endangered Species Act (ESA) (71 FR 17757). Southern DPS green sturgeon occupy coastal bays and estuaries from Monterey Bay, CA, to Puget Sound, WA and observations of green sturgeon in Puget Sound are much less common compared to the other estuaries in Washington. In 2006, two Southern DPS green sturgeon tagged in San Pablo Bay were detected near Scatchet Head, south of Whidbey Island. Activities of concern for green sturgeon occurring in Puget Sound include dredging and capping that could affect benthic habitats and alter water flow and water quality. However, the project action area and adjoining floodplain are well outside Southern DPS green sturgeon critical habitat and likelihood of this species in the action area is very low. 5.5.7 Marbled Murrelet Marbled murrelets (Brachyramphus marmoratus) have been listed as threatened by the USFWS since 1992. There is no critical habitat within close range of the project and there are no nests close to the project site (WDFW, 1993; USFWS, 2015). Relevant life history: marbled murrelets are small marine birds in the alcidae family. They spend most of their time at sea and only use old growth areas for nesting. In the critical nesting areas, fragmentation and loss of old growth forest has a significant impact on the survival and conservation of the species (WDF W, 1993). Adult birds are found within or adjacent to the marine environment where they dive for sand lance, sea perch, Pacific herring, surf smelt, other small schooling fish and invertebrates. NIti:A • H, t it 1lan • kc, I6 10k,ii, I I IJi 111, J1 pv 5.5.8 Humpback Whale NMFS has listed the humpback whale (Megaptera novaeangliae) as an endangered species that may occur in Puget Sound. There is no designated critical habitat for humpback whales in Washington at this time. Humpback whales were spotted in Hood Canal in January 2012, but this was cited as a highly unusual occurrence (Orta Network, 2015). Relevant life history: Due to excessive whaling practices, southern British Columbia and northern Washington State humpback whale population s significantly declined and were rarely seen in Puget Sound in the recent past (Angell & Balcomb III, 1982). However, sightings of humpback whales in Puget Sound have been rising over the past few years, particularly May — June (Ores Network, 2015). 5.5.9 Leatherback Sea Turtle NMFS has listed the Pacific leatherback turtle (Dermochelys coriacea) as an endangered species that may occur in Puget Sound. There is designated critical habitat for Pacific leatherback turtles along the outer coast of Washington State, but there is no critical habitat within Puget Sound at this time. Relevant life history: There is no breeding habitat for these sea turtles in Washington, even though they are occasionally seen along the coast (Bowlby, Green, & Bonnel, 1994). They are rarely seen in Puget Sound and it is highly unlikely that these turtles would be found near the project site or in the adjoining 100-yearfloodplain. 5.5.10 Southern Resident Killer Whales On November 15, 2005 NMFS listed the Southern Resident killer whale (Orcins orca) as endangered under ESA (Federal Register / Vol. 70, No. 222, November 18, 2005 / Rules and Regulations). NOAA Fisheries has designated critical habitat for killer whales: "Critical habitat includes waters deeper than 20' relative to a contiguous shoreline delimited by the line of extreme high water." (Federal Register / Vol. 71, No. 229 / November 29, 2006 / Final Rule). The proposed project and action area is not within Southern Resident killer whale critical habitat which begins at waters of 20' depth relative to the extreme high water line. Southern Resident killer whale critical habitat (area 2) does begin 3.5 miles north within the adjoining 100 -year floodplain. Since 2003, all killer whale sightings in Hood Canal appear to be of transient killer whales (Orea Network, 2015). 6 Analysis of Effects 6.1 Vegetation — Wetland and Riparian Areas The proposed building envelope cover approximately 8,946 square feet of disturbed upland areas that consist of planted lawn species, scotch broom, and some small native herbaceous plants (Henderson's Sedge, Baldhip Rose, Bull Thistle, Cleavers, Stinging Nettle, and Trailing Blackberry). Potential direct impacts within the building envelope would be limited by the maximum allowed 2,500 square feet building area and the 1,100 square feet maximum for the driveway. l�ti? 4:;hli. ii I=�•niri n • Iicri "k �dial Rotl d I Fmrinnc _ __. The wetland area on this property is not included in the proposed building envelope and a 5 foot buffer is proposed around that area. (Signs of hydric soil at northern end of site indicate that this wetland area probably extended into neighboring site but has been built over). 6.2 Wildlife Wildlife barriers or loss of connectivity me not expected to occur from proposed building envelope and the conditional maximum 2500 square foot building area. Open space will be maintained between the proposed residence and developments on neighboring properties that can easily be traversed by wildlife. Increased erosion could adversely affect spawning habitats for beach spawning forage fish (Pacific herring, sand lance, and surf smelt) which are fundamental components of the marine food web. Erosion potential is addressed in the further detail in the following section. 6.3 Shoreline Processes Development along shorelines can alter the composition and distribution of substrates and their contribution to physical processes. This in tum can adversely affect spawning habitats for beach spawning forage fish (pacific herring, sand lance, and surf smelt) which are fundamental components of the marine food web. Increased runoff from the building area or any increase in impervious surfaces can increase the potential for erosion; however, development will be to the furthest landward extent of the property and the planting plan will incorporate stabilizing riparian plant species that also serve to trap sediment, prevent excess nutrients from reaching the aquatic environment, and slow runoff, preventing erosion. Additionally, overhanging riparian vegetation can also provide shade to protect upper -intertidal forage fish spawning areas. 6.4 Noise Some temporary increases in ambient noise will be generated during development of the property. Noise generated during construction is not expected to impact wildlife in the long term. 6.5 Water Quality Increased run-off from the building area or other impervious surfaces could occur with development within the building envelope. Recommendations for low -impact design and maintenance of the property are presented in the following section outlining conservation measures. 6.6 FEMA Floodplain This habitat assessment describes impacts to habitat functions associated with the proposed building envelope within the Protected Area and in the remainder of the 100 -year floodplain (the marine waters of Hood Canal). With the exceptions of impacts described previously in Section V, this assessment demonstrates that there will be no short- or long-term adverse effects due to establishment of the building envelope within the Protected Area. Avoidance and minimization measures along with the compensatory mitigation presented in Section VI will prevent impacts to ESA species and their designated critical habitat within the adjoining floodplain. 7 Conservation and Protection Measures Conservation Measures presented here include Avoidance and Minimization Measures (AMM) and Compensatory Mitigation that are intended to address both Jefferson County criteria and FEMA %1Sd • I t.l b y "?:u...... n PP.m • Bc K ideml, l Is.i la I requirements. The FEMA requirements pertain to marine critical habitat and ESA-listed species within the adjoining floodplain; the compensatory mitigation measures described below are designed to enhance the habitat function of the adjacent riparian zone and shoreline, and protect ESA-species and critical habitat in the marine environment. 7.1 Avoidance and Minimization Measures As required under JCC 18.25.270 to meet the criteria for Nonconforming Lots under the Modest Home Provision, the following measures will be employed: • The building area lying landward of the shoreline buffer and interior to required sideyard setbacks is not more than 2,500 square feet and the driveway is not more than I, 100 square feet. The building area means the entire area that will be disturbed to construct the home, normal appurtenances (except drainf9elds), and landscaping; • The building envelope shall not extend waterward of the common-line buffer; • Appropriate measures will be taken to mitigate all adverse impacts (in this case, compensatory mitigation in the form of riparian plantings); • The residence (or building envelope, in this case) is located in the least environmentally damaging location relative to the shoreline and any critical areas; • The lot is not subject to geologic hazards; • All structures will be as far landward as possible and not closer than 30 feet from the ordinary high water mark; • At least 80 percent of the buffer area between the structures and the shoreline and/or critical area will be maintained in a naturally vegetated condition. Additional avoidance and minimization measures recommended for the applicant as part of this HMP include: • Barrier fence will be placed during construction along building envelope boundaries to prevent machinery and other equipment from disturbing the 30' setback and delineated wetland area and buffer. In addition, a planting plan has been developed as compensatory mitigation and is described in detail in the following sections. 7.2 Compensatory Mitigation & Planting Plan 7.2.1 Introduction A Category III wetland was delineated by Marine Surveys & Assessments, Inc on 30 October 2015 to determine the feasibility of one building envelope on two adjacent parcels (721162012 and 013) located on the western shoreline of Hood Canal, south of Squamish Harbor in the NW 1/4 of Sec 16, T27N, ROIE (Figure 1). Since the entireity of the parcels are within a wetland or wetland buffer as well as the shoreline buffer, a mitigation plan was developed. There are no feasible options for a homesite outside of these buffers, therefore the wetland buffer will need to be reduced from 110 feet to 5 feet. There will be no impacts to the wetland if the mitigation and revegetation plan is conducted as outlined in this report. V1< 1 - Ham !c 1 AI aincn n • licca, �ldrvital h' d 1, I ',,1npc I I 7.2.2 Site Vegetation The vegetation on this property is disturbed (mowed and pruned on a regular basis). Native vegetation consists of Baldhip Rose (Rosa gymnocarpa), Trailing Blackberry (Rubus ursinus), Miner's -Lettuce (Claytonia perfoliata), Few -Seeded Bitter Cress (Cardamine oligosperma), Henderson's Sedge (Carex hendersonii), Cleavers (Galium arpine) and Stinging Nettle (Unica dioica). Dune Grass (Leymus mollis) was also found in the area of the rocky bulkhead continuing south on to the adjacent parcel. Invasives found on the property include: Scotch Broom (Cytisus scoparius), Common Velvet Grass (Holcus lanatus) and Bull Thistle (Cirsium vulgare). There is approximately 3,000 square feet of Scotch Broom scattered on the south parcel continuing onto the neighboring parcel to the south. 7.2.3 Mitigation Plan Mitigation is required for this site as the proposed structure will be built on a shoreline of statewide significance and will impact a critical area. New native plants will be positioned along the shoreline and established on the remainder of the property via organized plantings after a building site is chosen. Existing native species will remain and strengthened with new compatible native plantings. Invasive plants such as Scotch Broom and Bull Thistle will be removed. The best control method is hand removal. Pulling is best done in winter to reduce the impacts to native plants and animals. The planting plan area can be seen in Figure 6. It is divided up into 3 planting areas. Planting Zone 1 is within the riparian area. Planting Zones 2 and 3 make up the remainder of the lot, some of which is within 30' of the shoreline, the riparian area. Planting Zone 1 will be planted as seen in Figure 7. The exact location of the larger plants (e.g. Shore Pine, Hooker's Willow) within Planting Zone 1 will be decided after a building site is chosen. They may shift one way or the other, to the north or to the south. The balance of the plantings will be within Planting Zones 2 and/or 3, depending on the building site. Example locations can be seen in Figure 7. The plants selected for this site are all native plants that can tolerate salt spray from the marine environment. They were selected to improve the overall value of the functions in this critical area buffer. Soil stability, nutrient input, and wildlife habitat were all important factors. Following is a table showing the plant species and numbers for the planting area. Plants will be selected from a regional native plant nursery. Table 2. Plant List VIS • I -I: heal M1Lu1a;a�m rat PPdil • Ii1', K ,dcJltlal IA111dInp b;m clops I' ♦wl wealem'1 Purchase Numbv Pry Mature Awta rt ande Plnl INumblIMPlaiw+ Planldedna ieW [ranee a.) fammm Plait wme Soaaw4 wen, 11. o1PIanU Ne%na(Rl enable, General M3) V101 Pilot Canonical tell N,7anan/eI (ndumdby G,adw,) and 11—c"'Wmn1 Plbetnnpulnaum Gel 13 7 5 196 336 0 336 Crean Spray k,WWvsaUco1or S..l 3 12 13 113.1 336 ] 113 TMnbvry .,—..Inc.L SR.l d 10 6 383 113 l a5 Wax M/rtle M"..'Goncle 2Gel 3 IB 35 1767 530 0 530 Shore one Wn. I.ro SGal S 15 30 7069 tall 0 1410 Xootrh Willow 5oli+M1oobivno SGal 3 663 0 462 See ThtlR Nmnb..".a 35'P. W1 1n 16 nnnWnniok A o4vpM1wwo wni 1Gal 13 GAG 8 503 .1 4 4@ alone wme aone-sono 2Gal 8 8 5 396 ]P 157 Aepreen NucWebmry waeelnlum own= 2Ga1 4 8 6 28.3 113 0 1l3 GaaMa l Saawbem 1—re N... "I Poi 0.5 6 28.3 396 6 326 80 4268 3738 VIS • I -I: heal M1Lu1a;a�m rat PPdil • Ii1', K ,dcJltlal IA111dInp b;m clops I' Plants should be installed in late fall or early spring following the construction work. During these times, plants are semi -dormant and soils are easier to work. Plants will be laid out by hand generally following the spacing specified on the planting plan map (Figure 6). The plants will be installed by digging a one to two foot hole, loosening the soil, and placing the plant in the ground after loosening soil around the root ball. The hole must be deep enough to ensure the roots are straight, but not so deep as to bury plants too far above the root collar. Once the plant is in place, the hole will be backfilled and tamped lightly. Mulch should be applied 3" deep around plants, being careful not to touch the stem of the plant. No extraordinary measures are proposed at this time to protect installed plants other than mulching, weeding and watering. Twinberry planted along the bulkhead tolerates pruning well. Substitutions might be necessary for species or individuals that cannot be found at local nurseries. All plant substitutions will be approved by the project biologist prior to installation to ensure their suitability for the site. 7.2.4 Performance Standards Performance standards are measurable criteria for determining if the goals and objectives of the mitigation project are being achieved. If the proposed benchmarks are not achieved by comparing the surveys to the mitigation goals, then contingency plans will need to be implemented. Performance Standard #1 (survival rate): Immediately after planting, all plants will be counted and documented. At the end of each growing season (late Aug -early Sept) plots will be visited and a count of surviving plants will be documented. The percent survival for the plots will be calculated by dividing the total number of surviving plants at the end of the season by the total number of plants after planting. Photo stations for the replanting site will be determined and a photograph of each transplant location will be taken on an annual basis. Individual plants that die must be replaced with native species in order to meet the survival performance standards. Performance Standard #2 (percent cover): The percent cover standard will be monitored by looking at each monitoring unit of the enhanced areas from above and estimating the area covered by the individual species. The percent cover within an area can be quantifled as a total greater than 100% because plants (in tree, high/low shrub and herbaceous layers) overlap in cover. Performance Standard #3 (invasive removal): All areas where invasive plants were removed will be surveyed visually and categorized with photo stations. This is to ensue that 0% (none) of the targeted Invasive species (Scotch Broom and Bull Thistle) will he present and have not reestablished within each monitoring year. 7.2.5 Monitoring Plan An as -built drawing and report will be submitted as documentation of the planting plan within one month of installation. The plan will include vegetation description and photo documentation from established photo stations. A panoramic photo of the entire mitigation site will also be provided. Photos should be taken June - August, during the growing season. Monitoring will take place over a period of five years at the end of the growing season (late August or early September) of each monitoring year. The performance standards will be monitored by measuring plots in zones within the planting area that will be established 'I� A • H.:hi0n VIau, .i nai P -m • Rc% [.mrlopr I and mapped after planting occurs, on the as -built plan. There will be photo points for each plot and they will be referenced on the as -built plan. Each year, the photo points established at each site will be used for comparison. Photos will be taken at all points for all years as visual documentation of the performance standard's progress, or lack thereof. In addition to photos at designated points, photo documentation must include a panoramic view of the entire planting area. Submitted photos must be formatted on standard 8 1/2" by I I" paper, dated with the date the photo was taken and clearly labeled with the direction from which the photo was taken. The photo location points must be identified on an appropriate drawing. Collected data and photos will be compiled into an annual Riparian Planting Report each year and submitted by November 30 of each monitoring year for five years. Each annual monitoring report shall include written and photographic documentation on plant mortality and replanting efforts and must document whether the performance standards are being met. Monitoring results will determine whether or not contingency measures will be needed. Performance Standards #1 & 2 Year l: Achieve 100% survival success of replanted natives into mitigation areas. Year 2: Achieve 100% survival success at end of second year into mitigation areas. Year 3: Achieve 80% survival success at end of third year into mitigation areas. Yen 4: Achieve 80% survival success at end of fourth year into mitigation areas. Year 5: Achieve 80% survival success at end of fifth year into mitigation areas. Performance Standard #3 Year L Achieve 100% removal of targeted invasive species from mitigation areas Year 2: Achieve 100% removal of targeted invasive species from mitigation areas Year 3: Achieve 100% removal of targeted invasive species from mitigation areas Year 4: Achieve 100% removal of targeted invasive species from mitigation areas Yew 5: Achieve 100% removal of targeted invasive species from mitigation areas 7.2.6 Maintenance and Contingency Maintenance shall occur at least twice during the growing season to ensure the survival of all native species within the mitigation area, including volunteer natives. Watering by hand or sprinkler may be necessary during year number one until the plants are established. Water requirements will depend on the timing of planting with the seasons and weather conditions. Once plants are established, extra watering may not be necessary. Hand weeding will be necessary around all plants that are being monitored to ensure survival and coverage. If the required rate is not met by the end of any monitoring year, plants lost to mortality will be replaced to achieve the percentage cover called for in the performance standard described above. Prior to replacement, an appropriate assessment will be performed to determine if the survival was affected by species/site selection, animal damage, or some other factor. Subsequent contingency actions must be designed to respond directly to the stressor(s), which are increasing mortality of planted native species. If a particular species is shown not to endure site conditions then another, more appropriate species will be selected. If excessive damage is observed, protective measures will be introduced. Monitoring years may be added if significant replanting becomes necessary. Monitoring on an annual basis for five years will occur with photographs to determine the survival rate of the transplanted area. If target survival success is achieved at the end of each year, monitoring will continue without extra X15 \ H:J Iii Al ❑'avci d Pkw • B, I I. yd, niiel B, II I-:mel, p, replanting efforts. Within the five year time period, transplanting will occur on an annual basis to replace any plants that are lost until success target is achieved. 7.3 Compliance with Jefferson County Mitigation Requirements Requirements for compensatory mitigation measures are clearly outlined in Jefferson County SMP 18.25.270 (Critical areas, shoreline buffers, and ecological protection). This mitigation proposal satisfies these requirements n outlined below: The quality and quantity of the replaced, enhanced, or substituted resources shall be the same or better than the affected resources: To compensate for the maximum 3,600 square feet of building area within the proposed building envelope, 5,800 square feet of area will be improved; 3,678 square feet (primarily in the riparian zone) will be planted with native plants that provide higher functioning ecological value, and Scotch Broom covering approximately 3,000 square feet of the southern parcel will be removed. The mitigation site and associated vegetative planting shall be nurtured and maintained such that healthy native plant communities can grow and mature over time, and to ensure that intended functions and values are achieved: The planting plan includes maintenance, monitoring, and contingency plans. The monitoring timeframes shall be consistent with ICC 18.22.350(3)(h). The mitigation shall be informed by pertinent scientific and technical studies, including but not limited to the Shoreline Inventory and Characterization Report (Final — Revised November 2008), the Shoreline Restoration Plan (Final October 2008) and other background studies prepared in support of this program: The planting plan is based on site characterizations performed by MSA wetland biologists and is designed to enhance well-documented riparian functions. Riparian enhancements can help trap sediment, prevent excess nutrients from reaching the aquatic environment, and slow run-off, preventing erosion. Overhanging riparian vegetation can also provide shade to protect upper -intertidal forage fish spawning areas. The mitigation shall replace the functions as quickly as possible following the impacts to ensure no net loss: The mitigation proposed here improves and enhances conditions along the riparian zone within the 30' shoreline buffer. Development of a mature plant community can take several years, but benefits to shoreline functioning along this disturbed area will last for the foreseeable future. Trees will take the longest to establish and to improve ecological function along the shoreline, but will be a significant improvement in shoreline stabilization and habitat improvement for birds and fish. Planfing is planned for the soonest appropriate planting season following construction within the building envelope. The county shall require the applicaminroponent to post a bond or provide other financial surety equal to the estimated cost of the mitigation in order to ensure the mitigation is carried out successfully. The bond/surety shall be refunded to the applicami proponent upon completion of the mitigation activity and any required monitoring. 8 Conclusions VIS.a • Hnhit it M.un_em nt Han • I3COC1 Rra d,III [<i It id,I t." Enrrlope - I� 8.1 No Net Loss No Net Loss and Mitigation Regulations under Jefferson County's SMP (18.25.270) requires that all shoreline use and development be located, designed, constructed, conducted, and maintained in a manner that maintains shoreline ecological processes and functions. Uses and developments that cause a net loss of ecological functions and processes are prohibited but can be offset by employing measures to mitigate adverse impacts on shoreline functions and processes. Avoidance measures in this project include locating the building envelope outside the delineated wetland area and maintaining a 5 foot buffer from the edge of hydric soils. As described in the previous section, the quality and quantity of enhancements will be better than the affected resources: 3,678 square feet of the site, primarily in the riparian area, will be enhanced with native plantings and 3,000 square feet of invasive Scotch Broom will be removed to compensate for potential impacts to 3,600 square feet of critical area impacts from development within the proposed building envelope. Based on our review of the proposed Beyer Residential Building Envelope, the existing conditions on site, and the mitigation measures, MSA concludes that there will be No Net Loss in habitat function or value above current baseline conditions, assuming recommendations put forth in this Habitat Management Plan are implemented. 8.2 FEMA Determination The proposed building envelope may affect, but is not likely to adversely affect ESA listed species or critical habitat for listed species. Negative impacts to the ESA listed species and their designated critical habitat within the adjoining 100 -year floodplain would occur only in the case of a flood within the building envelope and affects would be short-term. These potential but unlikely affects would not contribute to an increased risk of extinction or reduce the value of their designated critical habitat, and would not result in take. Because designated critical habitat for Puget Sound Chinook, Hood Canal Summer Run Chum, and Rockfish occurs within the adjoining floodplain, detailed assessments of PCE's for these species are presented in Attachments 1 and 2. �IS� L AI : u .•l r'I'm • hey,1 k, Id, Iih'I k u 1 i,a I:;ry 1 Ih References Angell, T., & Balcomb III, K. (1982). Marine Birds and Mammals of Puget Sound. Seattle, WA: Puget Sound Books, University of Washington Press. Bowlby, C. E., Green, G. A., & Runnel, M. L. (1994). Observations of leatherback turtles offshore of Washington and Oregon. 75:33-35. Healey, M. C. (1982). Juvenile Pacific salmon in estuaries: the life support system, pp. 315 - 341. In: V.S. Kennedy (ed.). Estuarine comparisons. Jefferson County Shoreline Master Program (SMP) Comprehensive Update. February 7, 2014 Jefferson County Code. Article VIR. Special Reports; Chapter 18.22 Critical Areas. JCC 18.22.440. [Ord. 3-08§1] Jefferson County 2008. Jefferson County Final Shoreline Inventory & Characterization — Revised November 2008 Love, M., Yoklavich, M., & Thorsteinson, L. (2002). The rockfishes of the Northeast Pacific. University of California Press, Berkeley, California. Myers, J. M., Kope, R. G., Bryant, G. L, Teel, D., Lierheimer, L. J., Wainwright, T. C., ... Waples, R. (2000). Status review of chinook salmon from Washington, Idaho, Oregon, and California. U.S. Dept. of Commerce, NONA Tech Memo. NMFS-NWFSC-35, 443 pp. NMFS. (2002). Status Review for North American Green Sturgeon, Acipenser medirostris. NMFS. (2006). Southern Resident Killer Whale Critical Habitat. Retrieved October 12, 2015, from bttps://em .nom.gov/norLhwestlerma NMFS. (2009). Designation of Critical Habitat for the threatened Southern Distinct Population Segment of North American Green Sturgeon Final Biological Report. National Marine Fisheries Service Southwest Region Protected Resources Division . NMFS. (2009). Green Sturgeon Critical Habitat. Retrieved October 12, 2015, from bttps:/Ierma.noaa.gov/northwest/erma NMFS. (2011). Critical Habitat for the Southern Eulachon Distinct Population Segment (DPS). Retrieved October 12, 2015, from https:/Ierma.noaa.gov/northwest/erma NMFS. (2012). Leatherback Sea Turtle Critical Habitat. Retrieved October 12, 2015, from https://er .noaa.gov/northwest/erma NMFS. (2014). Final Nearshore Rockfish Critical Habitat. Retrieved October 12, 2015, from haps://erma.nom.gov/northwest/cr NMFS. (2014a). Final Deepwater Rockfish Critical Habitat. Retrieved October 12, 2015, from https://erma.non.gov/northwestlerma VISA H::hi Ctl Al �.ialc nmm 1'lun • liayc CCr„nna! Buil lui” Ll!, cIopc 17 NOAA. (2005). NOAA Technical Memorandum NMFS-NWFSC-66 Updated Status of Federally Listed ESUS of West Coast Salmon and Steelhead. NOAH. (2005). Northwest Regional Office Critical Habitat Mapper. Retrieved November 15, 2014, from http://trap.streamnet.org/website/Critica]HabitaL/viewer.htm NOAA. (2006). Environmental Sensitivity Index (ESI). Retrieved October 12, 2015, from https://erma.noaa.gov/northwestlerma NOAA. (2006). Pacific Coast Grounditsh Fishery Management Plan. NOAA. (2013). Endangered and Threatened Species; Designation of Critical Habitat for Yelloweye Rockfish, Canary Rockfish and Bocaccio of the Puget Sound/Georgia Basin. NOAA. NOAA. (2013). Fisheries Data: Critical Habitat Retrieved November 15, 2014, from NOAA Fisheries: http://www.nmfs.noaagov/gis/data/crifical.htm Orca Network. (2015). Retrieved October 12, 2015, from http://www.oremetwork.org/sigbtings/ Rieman, B. E., & McIntyre, J. (1993). Demographic and habitat requirements for conservation of Bull Trout Gen. Tech. Rpt. U. S. Forest Service, Intermountain Research Station, Ogden, UT. 38 pp. Simenstad, C. A., Fresh, K., & Salo, E. (1982). The role of Puget Sound and Washington coastal estuaries in the life history of Pacific salmon: an unappreciated function. Pp. 343-364. In: V. S. Kennedy, (ed J. Estuarine comparisons. USFWS. (1998). Endangered Species Act Consultation Handook; Procedures for Conducting Section 7 Consultations and Conferences. USFWS and NMFS, Much 1998 Final. USFWS. (2015). USFWS Final Critical Habitat. Retrieved October 12, 2015, from https://erma.noaa.gov/northwest(erma WDFW. (1993). Status of the marbled murrelet Brachyramphus marmoratus in Washington. Olympia, WA. WDFW. (1993). Status of the marbled murelet Brachyramphus marmomtus in Washington. Olympia, WA. WDFW. (2005). Washington Department of Fish and Wildlife and Point No Point Treaty Tribes. 2005. 2004 progress report on Hood Canal summer chum salmon. Olympia, WA. WDFW. (2009).2008 Washington State Herring Stock Status Report. WDFW. (2012). Northwest Fish Distribution (StreamNet). Retrieved 12 2015, October, from https://erma.noaa.gov/northwestlerma WDFW. (2014). Forage Fish Spawning Map - Washington State. Retrieved November 15, 2014, from http://wdfw.maps.arcgis.com/home/webmap/viewer.htA VI,ti.-q • 11:0 ,11,11 SI ,qx . Il Pl.m • H, "dentI'll I �,I it liu;: I j p,r K WDFW. (2014a). Salmonid Stock Inventory (SaSI) . Retrieved October 12, 2015, from https://erma.non.gov/northwest(erma WDFW. (2014b). Forage Fish Spawning Data. Retrieved October 12, 2015, from https://erma.non.gov/northwestlerma WDFW. (2015). Generalized Kelp Locations. WDFW Fish Program, WA Dept of Natural Resources, Puget Sound Nearshore Ecosystem Restoration Project (PSNERP). Retrieved 12 2015, October, from https://erma.noaa.gov/northwest/ WDFW. (2015a). Invertebrates: Natural Resources, Habitats, & Managed Areas, Coastal Resources & Habitats, Shellfish/htvertebrates (Layer Name: Shellfish - Puget Sound and Straits). Data accessed through NOAA's Environmental Response Management Application October 12, 20. WDFW. (2015a). Priority Habitat and Species (PHS) on the Web. Retrieved from http://apps.wdfw.wa.gov/phsondieweb/ WDNR. (2015). Eelgrass Distribution in Puget Sound. Retrieved from https://eana.noaa.gov/northwest/ WDOH. (2013). Commercial Shellfish Growing Areas. Retrieved October 12, 2015, from https://erma.noaa.gov/northwest/erma WDOH. (2014). Vibriosis Advisory Areas. Retrieved October 12, 2015, from https://erma.nom.gov/northwest(erma WSCC. (2000). Salmonid Habitat Limiting Factors Water Resource Inventory Area 15 (Fast) Final Report. Washington State Conservation Connnission. WSCC. (2002). Salmon And Steelhead Habitat Limiting Factors Water Resource Inventory Area 17 Quilcene-Snow Basin. Washington State Conservation Commission. NISa •I-lahil.nM i, c,I,IIlI m•Rrcc idavrdli m;-,cn', alupa �0 Figure 1. Vicinity Map Beyer BuiMing Envelope 301 S. Beach Drive �- Port Ludim, WA ViunRy Map El 6ealtle r. O �O r r, N 6rt xEPE.O�L>un. Rl p(y rMUR OgnSe 0.Yp wrtDu a. a• `-..- _ -_ --'. Lulea 0 05 1 2 _ Figure 2. Parcel map indicating the project is located on filled tidelands. C' � MSA • Rihil.0 Monnecmcm Plan • Lcyc- Residential Ruldlne Emelope - --1 Figure 3. FEMA Floodplain Map shoving the site location within the 100 -year Floodplain. MSS • 11nh Iat M[umiemcnt Plan • Bcou Re4denlial RuiIdIll e I tI'Clope _ Figure 4. Site map with wetland area, County setbacks, and proposed building envelope. VISA • ._„i.iru Niana-ciffici,L i Rcnidcntial Building Emelopc Figure 5. 2006 Department of Emlogy Oblique Shoreline photo. Figum 6. Planting Plan Am Planting Plan Zones -�- - aarcel:'ll162'�3 P l a i t i n g Z c r e 2 0 eP' 05 tV et la ad Nina pg Zone 1 "r Planiing lone 1 E• st'ne "Du a/Be If Gr ® Maer. nr4rvrn.lr LyW.Inr :p;i5' 1Se. ane NcSe• i,rebr me flagirl•J <.1 • rLl.ne rrxr,...n.l..r .... M�+'��VlNveen ps ® Maer. nr4rvrn.lr LyW.Inr :p;i5' 1Se. ane NcSe• i,rebr me flagirl•J iMS 1 - I ,hil:u AN n' «menl I rdn • li : RuWcnGel But I difl! Gm_Iope 25 •w. vat'F'3 r,. M�+'��VlNveen ps [mu.p!uvLvry Rry � . M.!vrpayp!)NM�;ti 6 A iMS 1 - I ,hil:u AN n' «menl I rdn • li : RuWcnGel But I difl! Gm_Iope 25 Figure 7. Planting Plan Example Example planting plan P aot'rg Ex,zti ng Plant list i lna... Noter rebs- aze zlaggir�i n g 2 c r a 2 0ap,a Js,oa Watland UbV Ila I .iM1.�JI I_:•li ..�_� JIu I.II � �( Attachment 1. Assessment of Impacts to Critical Habitat for Puget Sound Chinook and Hood Canal Sumer -run Chum Proje t description: Building Envelope adjoining the 100 -year Hood Canal floodplain, Jefferson County WA. Applicant: Mark Beyer COE reference: Unknown at this time NMFS reference: Unknown at this time The primary constituent elements determined essential to the conservation of salmon are: (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Existing Conditions: Does not apply - the project is adjoining a marine floodplain area Effects to PCE: None (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, logjams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Existing Conditions: Does not apply - the project is adjoining a marine floodplain area Effects to PCE: None (3) Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Existing Conditions: Does not apply - the project is adjoining a marine Floodplain area Effects to PCE: None VISA •Habitat N1ana�emem Him -Heyer Rcvdrntud Building Emclope ._, (4) Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh -and saltwater, natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: As noted in the Site Description in the BE and the MSA Wetland Report, the riparian area is devoid of overhanging vegetation and the filled tidelands where the building envelope is proposed me highly disturbed. Effects to PCE: The project may improve natural cover for fish with recommendations to plant native riparian vegetation along the entire shoreline to provide cover and invertebrate prey for juvenile and adult salmonids. The project will not have negative impacts on water quantity, salinity conditions, or water temperature. 5) Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulder and side channels. Existing Conditions: See 4 above Effects to PCE: Some water quality impacts could occur in the event of flooding. See Effects Analysis section of the attached BE. (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: Does not apply - the site is adjoining a nearshore marine floodplain area. Effects to PCE: None Determination of Effect: "May affect, not likely to adversely affect' 1lA V • 11x1 i I Alao.tec': 'l Plan • li.�.i (2 rid�mi.i 6 u me l.m clq , Attachment 2. Assessment of Impacts to Critical Nearshore Habitat for juvenile bocaccio and canary rockfish; and Critical Deepwater Habitat for yelloweye rockfish, canary rockfish, and bocaccio Project description: Building Envelope adjoining the 100 -year Hood Canal floodplain, Jefferson County WA. Applicant: Mark Beyer COE reference: Unknown at this time NNIFS reference: Unknown at this time The project is located on Hood Canal, and is adjoining a 100 -year floodplain that contains Nearshore Critical Habitat (CH) for juvenile bocaccio and canary rockfish and Deepwater Critical Habitat for yelloweye rockfish, canary rockfish, and bocaccio (NOAA, Fisheries Data: Critical Habitat, 2014). The project footprint is on filled tidelands. Primary Constituent Elements The primary Constituent Elements (PCEs) are as follows: 1. Quantity, quality and availability species to support growth, survival, reproduction, and feeding opportunities. Existing Conditions: The project area is within filled tidelands but adjoining a 100 -year floodplain that includes shallow, intertidal, nearshore subtidal waters in rocky, cobble and sand substrates (with or without kelp) can provide suitable substrate for juvenile (3-6 month old) bocaccio and canary rockfish. However, the highest densities of juvenile rockfish are found in areas with floating or submerged kelp species. No kelp was identified near the project area using the Coastal Atlas data. Effects to PCE: Kelp habitat that supports high numbers of these species of juvenile rockfish does not occur in the floodplain near the project area and therefore would likely not be impacted in the case of a flood. Adults of all three listed rockfish species are found in deeper waters and are strongly associated with complex habitat that includes rocky substrate and moderate to steep slopes. The seabed near the project area lacks complexity and is primarily sand and gavel with a moderate slope. Little or no adverse impacts to the quantity, quality and availability of species to support growth, survival, reproduction, and feeding opportunities are anticipated from this project or from subsequent floods that may occur within the project footprint within the filled tideland. Vertical structure and substrate complexity in deepwater critical habitat will not be negatively impacted by this project. 2. Water quality, quantity and sufficient levels of dissolved oxygen to support growth, survival, reproduction and feeding opportunities. Existing Conditions: The Washington Department of Ecology Marine Water Quality Assessment Data (accessed online 1/19/16) indicated 1 site near the proposed project (directly across Hood Canal on the AIS V • Hahlnn M:mn«Cmew Plan • Beyer Re,idential Buying Emclope _, east side of the canal) that was listed as a Category 5 impacted by low levels of Dissolved Oxygen (Ecology, 2012). Effects to PCE: Impacts to water quality within the adjoining floodplain are possible if a flood were to occur. Determination of Effect "May affect, not likely to adversely affect" for Nearshore Critical Habitat (CH) for juvenile bocaccio and canary rockfish and Deepwater Critical Habitat for yelloweye rockfish, canary rockfish, and bocaccio" VIS -A • I I: I I I 11 I I A 1anir_ru la I I 1'1111 • Iia I vIi�lcnII 11 1 i L I I[ IIn_ I.n,ulupr 2ii