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HomeMy WebLinkAbout07B- BIOLOGICAL ASSESSMENT Massmann/Heitter Beach Access, Mooring Buoy, and Tree Trimming project Biological Assessment & NNL Mitigation Plan March 24th, 2021 For: Joel Massmann and Janet Hietter 1912 33rd Ave S. Seattle, WA 98144 Site Location: Jefferson County Parcel # 921-294-008 Table of Contents 1. Project Overview .................................................................................................................... 1 1.1 Purpose ............................................................................................................................. 1 1.2 Applicant Information ...................................................................................................... 1 1.3 Project Location ............................................................................................................... 1 1.4 Project Description ........................................................................................................... 2 1.5 Regulatory Framework ..................................................................................................... 5 1.6 Construction Details.............................................................................................................. 5 1.7 Action Area ........................................................................................................................... 7 2. Species and Habitat ................................................................................................................. 8 2.1 Critical Areas .................................................................................................................... 8 2.2 Vegetation ......................................................................................................................... 8 2.3 Ordinary High Water Mark Delineation ........................................................................... 9 2.4 Wildlife Observed on Site .............................................................................................. 10 2.5 Habitat Surveys .............................................................................................................. 10 2.5.1 September 16th, 2020 SCUBA Habitat Survey ....................................................... 10 2.5.2 January 6th, 2021 OHWM and upland habitat survey ..............................................11 2.6 State Priority Habitat & Species..................................................................................... 12 2.8.1 Forage Fish.............................................................................................................. 14 2.3 Federal ESA Species & Critical Habitat ........................................................................ 15 2.3.1 Puget Sound Chinook ............................................................................................. 16 2.3.2 Hood Canal Summer-run Chum ............................................................................. 17 2.3.3 Bull Trout ................................................................................................................ 17 2.3.4 Puget Sound Steelhead ............................................................................................ 18 2.3.5 Rockfish .................................................................................................................. 18 2.3.6 Marbled Murrelets .................................................................................................. 19 2.3.7 Humpback whale .................................................................................................... 20 2.3.8 Leatherback Sea Turtle ........................................................................................... 20 2.3.9 Southern Resident Killer Whale ............................................................................. 20 2.3.10 Green Sturgeon ....................................................................................................... 22 3. Effects of the Action ............................................................................................................. 22 3.1 Direct Effects .................................................................................................................. 22 3.1.1 Water Quality .......................................................................................................... 22 3.1.2 Above Water Noise Effects ..................................................................................... 24 3.1.3 Federal Emergency Management Agency (FEMA) Related Impacts ..................... 24 3.2 Indirect Effects ............................................................................................................... 25 3.2.1 Salmonid Migratory Pathway Alteration ................................................................ 25 3.2.2 Increased Predation & Shading ............................................................................... 26 3.2.3 Scouring .................................................................................................................. 27 3.2.4 Boating Impacts ...................................................................................................... 28 3.3 Cumulative Effects ......................................................................................................... 28 3.4 Interrelated/Interdependent Effects ................................................................................ 28 4. Conservation Measures to Avoid/Minimize Impacts ............................................................ 29 5. Take Analysis ........................................................................................................................ 30 5.1 Determination of Effect .................................................................................................. 31 6. Mitigation Plan for No Net Loss of Ecological Function ..................................................... 31 6.1 Proposed Mitigation ....................................................................................................... 31 6.2 Mitigation Goals ............................................................................................................. 32 Goal (1) Buffer Enhancement ............................................................................................... 32 Goal (2) Emergent Cover ...................................................................................................... 32 Goal (3) Survival................................................................................................................... 32 Goal (4) Soil .......................................................................................................................... 32 6.3 Mitigation Performance Standards ................................................................................. 32 Performance Standard (1) Buffer Enhancement ................................................................... 33 Performance Standard (2) Emergent Cover .......................................................................... 33 Performance Standard (3) Survival ....................................................................................... 33 Performance Standard (4) Soil .............................................................................................. 33 6.4 Site Preparation .............................................................................................................. 33 6.5 Plant Procurement .......................................................................................................... 33 6.6 On Center Dimensions and Area Coverage.................................................................... 34 6.7 Planting Instructions ....................................................................................................... 34 6.8 Inspection and Maintenance Criteria.............................................................................. 35 6.9 Planting Plan .................................................................................................................. 35 7. Monitoring & Maintenance................................................................................................... 38 7.1 As-Built Report .............................................................................................................. 38 7.2 Monitoring Schedule ...................................................................................................... 38 7.3 Monitoring Methods ....................................................................................................... 38 7.4 Maintenance ................................................................................................................... 39 7.5 Contingency ................................................................................................................... 39 8. Conclusion ............................................................................................................................ 39 9. References ............................................................................................................................. 40 List of Tables Table 1. NMFS/USFWS Critical Habitat ...................................................................................... 16 Table 2. Plant List ......................................................................................................................... 36 List of Figures Figure 1. Vicinity Map .................................................................................................................... 2 Figure 2. Site plan ........................................................................................................................... 4 Figure 3. Preliminary Staircase Design .......................................................................................... 6 Figure 4. Trees to be removed*....................................................................................................... 9 Figure 5. Washington State Fish and Wildlife Priority Habitat and Species Map & Table .......... 13 Figure 6. National Wetlands Inventory Map ................................................................................. 14 Figure 7. Forage Fish Spawning Area Map .................................................................................. 15 Figure 8. Dept. of Ecology Water Quality Map Listings .............................................................. 24 Figure 9. FEMA Flood Zone Map ................................................................................................ 25 Figure 3. Planting Instructions ...................................................................................................... 34 Figure 4. Planting Plan Design Map ............................................................................................. 37 Attachments A. Site Photos B. September 16th 2020 Habitat Survey Data C. Native Plant Sources for the Pacific NW Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 1 1. Project Overview 1.1 Purpose Marine Surveys & Assessments (MS&A) was authorized by Joel Massmann and Janet Hietter, property owners, to complete a Biological Assessment (BA), including a mitigation plan meeting Jefferson County No Net Loss (NNL) criteria, for the permitting of a multi-stage project to: 1) construct new beach access stairs, 2) install one recreational mooring buoy, and 3) trim or remove several native trees within the critical area shoreline buffer. The project site is located on the owners’ residential property in Port Ludlow, WA, along the shoreline of the Puget Sound, on the south side of Oak Bay. This Biological Assessment report is in compliance with the Shoreline Management Act of 1971, the Jefferson County Shoreline Master Program (Chapter 18.25), and the Jefferson County Critical Areas Code (Chapter 18.22). This report serves to describe MS&A’s findings including evaluating potential direct and indirect effects of the projects on sensitive habitat and wildlife species that may occur in the project area, potential impacts to the water quality of nearby waterways, and a mitigation planting plan to meet the criteria of No Net Loss of ecological function. Because this project occurs within the 100-year floodplain, FEMA flood zone information is also provided. A dive survey to obtain intertidal habitat information for the mooring buoy component of the project, along with an Ordinary High Water Mark (OHWM) survey for the stairs to the beach project, was conducted by MS&A biologists on September 16th, 2020 (Section 2.5.1). A second habitat survey to gather more upland data for the Mitigation Planting Plan was conducted on January 6th, 2021, and this survey included a more extensive delineation of the OHWM along the entire shoreline of the residential parcel. This second survey also assessed the surrounding vegetation and documented the trees which are proposed for removal and/or trimming (Section 2.5.2). 1.2 Applicant Information Name: Joel Massmann and Janet Hietter Mailing Address: 1912 33rd Ave South, Seattle, WA 98144 Phone Number: (206) 919-1363 -Joel, (206) 473-2978 - Janet Email address: massmann@comcast.net, janet@ketawaters.com 1.3 Project Location Section 29, Township 29N, Range 1E, (SE ¼) Physical address: 461 South Bay Way, Port Ludlow, WA 98365 Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 2 Jefferson County Parcel #: 921 294 008 Latitude: North 47.972006°, Longitude: West -122.697777° Waterbody: Oak Bay, Puget Sound WRIA: 17 - Quilcene - Snow Legal Description: S29 T29 R1E TAX 80 & TLTX D6 WITH & SUBJ TO EASE See Figures 1 & 2. Figure 1. Vicinity Map 1.4 Project Description The project is located on a 5.04 acre parcel of vacant undeveloped land located in an area zoned as Rural Residential – One Unit per 5 Acres (RR-5). The parcel is owned by Joel Massmann and Janet Hietter, who wish to eventually develop a residential home on the property. Before they build their home, the property owners plan to prepare the land for recreational use by 1) constructing a new beach access staircase, 2) installing a recreational mooring buoy, and 3) trimming and removing several native trees within the critical area shoreline buffer to create a partial view of the water. The parcel is bordered on the eastern and western sides by similarly wooded shorefront rural residential properties. To the north is Oak Bay, Puget Sound, and to the south is the neighborhood street of South Bay Way. The parcel gently slopes from the southern edge on South Bay Way down towards the shoreline. Closer to the shoreline the slope becomes steeper, in some places presenting on the shoreline as a nearly vertical bedrock bluff face. The area where Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 3 the stairs are proposed to be located is near the northwest corner of the parcel, where the slope grade down to the beach is more gradual, at an approximately 35–45-degree angle (70-100% slope), where a small trail already exists which is possible to scramble down. The Department of Ecology Coastal Atlas classifies the slope in this area as “stable/bedrock” with “no appreciable drift,” and it is MS&A’s understanding that no geotechnical analysis is required for this project. The parcel is forested with a mix of conifer and deciduous trees and overgrown by mostly native vegetation, but the middle section has been historically and recently cleared for a building site, and consists primarily of non-native grasses (see vegetation section 2.2). There is a dirt road grade acting as a driveway, which slopes down from South Bay Way connecting the road to the clearing. All components of the proposed beach access will be located well above the Ordinary High Water Mark (OHWM), with the construction using a retractable “let down” portion of the stairs to access the beach (Section 1.6 & Figure 3). There will be no structures below the OHWM. The proposed mooring buoy location can be seen in Figure 4. Eelgrass (Zostera marina) was documented at the site landward of the proposed buoy location between -3 ft MLLW and -7 ft MLLW. There is a 25-foot buffer around the proposed mooring buoy location where no eelgrass is present (Figure 4). The tree trimming and removal component of the project will include the removal of 1 mature Douglas Fir (Pseudotsuga menziesii) tree with approximate 14-inch DBH, 22 Douglas Fir (Pseudotsuga menziesii) saplings (all between 5-25 ft tall), 1 Western Red Cedar (Thuja plicata) with an approximate 12-inch DBH, and approximately 30 x Red Alder (Alnus rubra) saplings growing in a densely populated grove, all of which are currently impeding the shoreline view. There are an additional 10-20 young Douglas Fir trees which are 1-2 feet in height, all of which are proposed for trimming or removal so that they don’t grow taller and create the same view obstruction in the future. These trees are described in more detail in Section 2.2. Some minor trimming of native vegetation to widen the trail down to the beach access staircase may also be required. All vegetation removal will be mitigated for through a mitigation planting plan, described in Section 6. The beach is not regularly used recreationally by the public because it is difficult to access due to the steep bluff face and consistent private development along the shoreline, though the area waterward is used recreationally for boating and fishing. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 4 Figure 2. Site plan Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 5 1.5 Regulatory Framework This Biological Assessment Report is for the permitting of a combined three-part project including 1) constructing new beach access stairs within the Shoreline Residential Designation area, 2) installing one recreational mooring buoy within the Aquatic Shoreline Designation, and 3) removing several native trees and trimming native vegetation located within the critical area shoreline buffer. Aside from the installation of the mooring buoy, all work will be done above the OHWM, so no Washington Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA) will be necessary for the staircase, however an HPA will be needed for the mooring buoy component of the project. The installation of the recreational mooring buoy will be within the navigable water jurisdiction of the Army Corps of Engineers, (ACOE), so that component of the project will require a Specific Project Information Form (SPIF) to be submitted for federal permitting. A Joint Aquatic Use Permit (JARPA) will be required by all agencies. In addition, for the mooring buoy component, a JARPA (Attachment E) will need to be submitted to the Department of Natural Resources (DNR) to obtain an aquatic use authorization for state owned aquatic lands. The DNR will issue a “fee based” permit for the mooring buoy until the property owners finish construction of a residential dwelling, at which point the permit will change to “non-fee based.” The fee-based permit is a yearly fee based on the length of the vessel. A pre-application conference with Jefferson County was attended by the property owners and MS&A on August 28th, 2020, and it was agreed that the same Biological Assessment document could be used for all three components of the project to avoid writing multiple costly reports. Jefferson County will require a Type II Shoreline Conditional Administrative “C(a)” Use Permit (CUP) for both the mooring buoy and the beach access components of the project, in compliance with the CUP criteria outlined in JCC 18.25.590(2) & (3). The CUP involves a public notice announcement with a 30-day comment period, as well as a decision by the UDC Administrator, with final approval by the State Department of Ecology (an additional 30 days). The native vegetation trimming and tree removal must follow the Vegetation Conservation section of JCC 18.25.310, the mooring buy installation must comply with JCC 18.25.350(8) Mooring Buoys, and the beach access stair construction must follow regulations outlined in JCC 18.25.340 (3) & (4) Beach Access Structures. Additionally, a mitigation plan is required as part of the project to achieve No Net Loss of ecological function criteria for the upland components of the project, under JCC 18.25.270(2) & (3) and to comply with WDFW. The project is SEPA exempt according to the Washington Administrative Code (WAC) Section 197-11-800(24)(f) mooring of residential pleasure craft. 1.6 Construction Details Beach access stairs: The property owners plan to employ Brockman Builders for the staircase construction. All work will be conducted from the upland side using hand tools. No machinery will ground on the beach. No earthwork or grading will be necessary. The stairs will be constructed of galvanized steel. The design will include: Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 6 • One 3’ x 6’ platform at top of stairs • One 3’ x 4’ platform at bottom of stairs (above OHWM) • Four 4” x 4” steel posts dug into ground and secured in place with concrete, holding up the top platform • Four 4” x 4” steel posts dug into ground and secured in place with concrete, holding up the bottom platform • 18’ stringer set of stairs between top and bottom platforms • Steel let-down stairs attached to bottom platform (above OHWM when not in use) See Figure 3. Figure 3. Preliminary Staircase Design N Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 7 Mooring Buoy: The property owners plan to employ Jim Arnold for the mooring buoy installation. The anchors are 8 feet in total length with lead and termination. The system includes a Helix square shaft anchor (matched to vessel size and conditions) installed; the nylon pennant with a midline float to reach the surface at extreme high water, 6 feet of 1/2-inch long link chain (at the top of the nylon, running through the 18-inch hard shell buoy) connected to the nylon with a 3/4-inch Sampson Nylite Assembly, a 3/4-inch swivel and a 3/4-inch shackle. A 5/8-inch forged retrieval pear ring at the very top attached with a 1/2-inch shackle. All metal parts are American steel. The system is custom fitted to the conditions of bottom slope, clearance, and tidal exchange. Vegetation Trimming/Removal: Tree removal work will be completed by a qualified arborist outside of nesting season (during the fall or winter months). Additional trimming and pruning of trees and vegetation will be minimal and focused on improving trail access and the view of the water, keeping the health of the overall shoreline buffer in mind. A No Net Loss of ecological function mitigation planting plan is included in this report (Section 6) as compensation for the staircase construction, along with any tree and vegetation removal within the critical area shoreline buffer. 1.7 Action Area For the purposes of this report, the “project areas” are defined as the areas within the footprint of the projects – in the case, the footprint of the beach access staircase, the footprint of the new recreational mooring buoy, and the total estimated area of canopy coverage of native vegetation Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 8 to be removed (calculated by estimated “on-center” dimensions). The project area also includes areas that may have been used for staging materials and equipment, as well as accessing the site. The “action area” is defined as any area that may have been ecologically impacted from short- term construction activities or long-term habitat modifications, and covers approximately half a mile from the project area. This half mile area includes a portion of Oak Harbor and Puget Sound (Figure 1). 2. Species and Habitat 2.1 Critical Areas The proposed project is within the150 foot Marine Critical Area Buffer as defined by Jefferson County Shoreline Master Program (18.25.270(4)(e)[i] Critical areas, shoreline buffers, and ecological protection). This buffer is measured landward (perpendicular) from the Ordinary High Water Mark (see Figure 3). The proposed beach access stairs are within a Shoreline Residential Designation area, and the recreational mooring buoy is within the Aquatic Shoreline Designation area according to the Jefferson County Shoreline Master Program (18.25.500(3) Residential Shoreline Environmental Regulations). The Department of Ecology Coastal Atlas classifies the slope in this area as “stable/bedrock” with “no appreciable drift.” The National Wetland’s Inventory map shows no upland wetlands or streams located within .5 miles of the property, although the shoreline area is classified as Estuarine and Marine Wetland habitat, and Estuarine and Marine Deepwater Habitat. The Cowardin designation of the estuarine and marine wetland is E2AB/USN, which stands for “Estuarine, Intertidal, Aquatic Bed, Unconsolidated Shore, Regularly Flooded.” The deep-water habitat is designated as E1UBL, which means “Estuarine, Subtidal, Unconsolidated Bottom.” 2.2 Vegetation The habitat on site is primarily forested, with a mix of conifer and deciduous trees including Western Red Cedar (Thuja plicata), Douglas Fir (Pseudotsuga menziesii), Western Hemlock (Tsuga heterophylla), Big Leaf Maple (Acer macrophyllum), and Red Alder (Alnus rubra). The understory is a mixture of Salal (Gaultheria shallon), Evergreen Huckleberry (Vaccinium ovatum), Red Huckleberry (Vaccinium parvifolium), Oceanspray (Holodiscus discolor), Sword Fern (Polystichum munitum), Trailing Blackberry (Rubus ursinus), Oregon Grape (Mahonia nervosa), and Salmonberry (Rubus spectabilis). Along the driveway there is some English Ivy (Hedera helix) growing on several of the Douglas Fir (P. Menziesii) trees. The middle of the property, where a clearing is located, has filled in with non-native grasses, Thimbleberry (Rubus parviflorus), Creeping Buttercup (Ranunculus repens) and patches of encroaching invasive Himalayan Blackberry (Rubus americanus). The area of the staircase has much of the same upland vegetation, but also includes some Licorice Fern (Polypodium glycyrrhiza) growing on the hillside. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 9 The proposed trees to be removed are listed in Section 1.4, and can be seen in Figure 4, as well as Attachment A. Site Photos. They include 1 mature Douglas Fir (Pseudotsuga menziesii) tree, 22 additional Douglas Fir saplings, 1 Western Red Cedar (Thuja plicata), approximately 30 Red Alder (Alnus rubra) saplings, and an additional 10-20 young Douglas Fir (P. menziesii) trees which are 1-2 feet in height. These trees are proposed for trimming or removal because they are either currently impeding the view of the water, or they will soon grow tall enough to impede the view. In the case of the single mature Douglas Fir tree, it is proposed for removal because it is located adjacent to the proposed beach access stairs, and is creating a hazard due to its severe lean near the pathway. The rest of the trees proposed for removal are young and growing in dense clusters and/or growing close to larger mature trees. It is the opinion of MS&A that their removal will not negatively impact the overall habitat, and if anything will aid in ensuring the longevity of the mature trees by allowing more space for healthy disease-free growth of the mature trees and understory species. A mitigation planting plan has been prepared for no net loss of ecological function, and species have been chosen to improve the habitat value for wildlife (Section 6). Substrate on the beach consists of sand, cobble, and pebble throughout. Areas of macroalgae and submerged aquatic vegetation (SAV) are described in Section 2.5.1. See Attachment A for site photos showing vegetation. Figure 4. Trees to be removed* *(Many of the X's are in reference to multiple trees - see attachment A for tree specific pictures. The Douglas Fir tree adjacent to the proposed staircase is not shown in in this photo). 2.3 Ordinary High Water Mark Delineation The Shoreline Management Act (SMA) considers the OHWM as a physical and ecological feature on the landscape, the OHWM is often a transition zone between the aquatic and terrestrial environments and not a distinct line. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 10 At the location of the proposed beach access staircase, the OHWM is found approximately one to two feet up the bluff face (see Figures 2 & 3). The OHWM was identified and delineated in this location during the habitat survey conducted by MS&A biologists on September 16th, 2020, and an additional OHWM survey of the entire shoreline was conducted on January 6th 2021 so that a professional land-surveyor could stake out where the site’s buildable area is located outside of the Marine Critical Area buffer. During this second OHWM survey, MS&A biologist Jill Cooper clearly marked the OHWM using pink flagging tape and yellow spray paint dots (as much of the line is located on the bedrock cliff face – see Attachment A. Site Photos). Field indicators of the OHWM included a distinct termination of overhanging upland vegetation at the waterline, exposed roots, a line of orange lichen just above the OHWM, and water staining/color changes on the bedrock. The soils below the OWHM are exposed, eroding, and depleted, whereas the soils above the OHWM, in areas where it is not too steep and vegetation is persisting, there is a thick duff layer and organic soil present. 2.4 Wildlife Observed on Site During the site visits, MS&A biologist Jill Cooper heard and/or saw the following species of birds: Red-breasted Nuthatch (Sitta canadensis), Song Sparrow (Melospiza melodia), Belted Kingfisher (Megaceryle alcyon), Cormorant (Phalacrocorax sp.), Western/Glaucous-winged Gull (Larus sp.), Northern Flicker (Colaptes auratus), and Pine Siskins (Spinus pinus). Biologists also saw a North American River Otter (Lontra canadensis) on the shore with a freshly caught fish in its mouth, and found otter trail, scent stations, and scat on and near the beach. Additionally, Coyote (Canis latrans) scat was found along the property driveway in more than one location. No nests were seen in any trees along the shoreline. 2.5 Habitat Surveys Marine Surveys & Assessments conducted a SCUBA habitat survey, as well as an OHWM survey of the proposed beach access location on September 16th, 2020, and an additional OHWM survey of the entire shoreline section of the parcel as well as an upland habitat survey was conducted on January 6th, 2021. 2.5.1 September 16th, 2020 SCUBA Habitat Survey A habitat survey was performed using SCUBA on September 16, 2020 from approximately 4:30 pm to 5:00 pm at the project site. Darby Flanagan and Griffin Hoins from Marine Surveys & Assessments used SCUBA to run habitat survey transects in the area of a proposed mooring buoy to identify flora, fauna, substrate types and other qualitative information (Figures 1 & 2). Weather was calm and smoggy; water visibility was 23 feet. The shoreline at the site is a steep bluff with some exposed bedrock. The survey transect baseline for the mooring buoy transects extended 140 feet seaward (bearing 290 degrees true north) from a point along the shoreline located 85 feet NE of Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 11 the western property line. Four mooring buoy transects, each 100 feet long, were surveyed from that point (centered on the location of the proposed mooring buoy) – see Figure 2. Elevations in the survey area ranged from +9.8 ft MLLW along the transect baseline to - 37 ft MLLW at the seaward end. (The elevations were not collected using survey grade equipment and are for reference only; they can have an error of +/- 1 foot or more and should not be used for engineering purposes). Substrate at the site is sand, cobble, and pebble throughout. Areas of macroalgae included: • Ulva 2-80% cover • Fucus 20% cover • Saccharina latissima 2 blades (6% cover) • Mastocarpus 20% cover • Gracilaria 40-50% cover • Sarcodiotheca 2-80% cover Eelgrass (Zostera marina) was documented at the site landward of the proposed buoy location between -3 ft MLLW and -7 ft MLLW. The eelgrass bed was dense in some areas; four quadrat samples were collected (with 3 replicates at each sampling location) with an average density of 3 to 4.7 shoots per 0.25 m2. Laminariales kelp (Saccharina latissima) was observed at one location at the site at low density (2 blades; 6% cover). Areas of total vegetation and locations of Saccharina latissima are mapped in Figure 2. Ulva is not included in the total vegetation because this area is not documented as herring spawning habitat; however, the shoreline at the site does have documented sand lance and surf smelt spawning. A table of the full habitat survey results can be found at the end of this report. 2.5.2 January 6th, 2021 OHWM and upland habitat survey The weather during this site visit was partly cloudy and calm with temperatures around 47 degrees Fahrenheit. The low tide in the Port Ludlow area on January 6th, 2021 was predicted to be 2.90 feet (MLLW) at 5:04pm. MS&A biologist Jill Cooper visited the site before sunset to survey the OHWM at approximately 3:30pm when the tide was 3.90 feet (MLLW) when the beach was traversable around the point of land that juts out from the shore. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 12 The purpose of this habitat survey was to evaluate the OHWM along the entire shoreline portion of the parcel so that property owners would work with a certified land surveyor to determine what buildable area is located outside of the Shoreline Critical Area buffer. The OHWM determination is further described in Section 2.3. MS&A Biologist Jill Cooper also surveyed the upland area to document the trees that are proposed to be removed within the buffer, as well as potential planting areas for the mitigation planting plan. One mature Douglas Fir (Pseudotsuga menziesii) tree, 22 Douglas Fir saplings (between 5 and 25 feet tall), and 1 Western Red Cedar (Thuja plicata) (approximately 12-inch DBH) were flagged with pink flagging. The Red Alder (Alnus rubra) sapling grove was left un- flagged because of the sheer density of small trunks clustered together, and the 10-20 smaller Douglas Fir (P. menziesii) trees (1-2 ft in height) which are planned for removal or trimming were also left un-flagged. Vegetation seen on site is described in section 2.2, and wildlife observed on site is described in section 2.4. A single Vine Maple (Acer circinatum) located within the Marine Critical Area buffer was accidentally cut down in December of 2020. This occurred during removal of a row of non-native Leyland Cypress (Cupressus leylandii) trees located on the adjacent property (491 S Bay Way, Parcel #921294009). The Cypress trees were removed from the neighboring parcel because of the neighbors’ concern that these trees represented a fire hazard to their home. During the process of taking down the Cypress trees, the arborist, without instructions or permission to do so, also removed the Vine Maple (A. circinatum) that was located on the Massmann/Hietter parcel. A photo showing this Vine Maple is included in Attachment A. This tree will be included in the total square footage to be mitigated for in the mitigation planting plan (Section 6). 2.6 State Priority Habitat & Species The WDFW Priority Habitat and Species mapper indicates Surf Smelt (Hypomesus pretiosus) and Pacific Sand Lance (Ammodytes hexapterus) spawning, as well as presence of hardshell clams, Pacific Geoduck (Panopea abrupta), and Dungeness Crab (Cancer magister) within 0.5 miles of the action area (Figure 5). Region 6 Saltwater Wetlands, as well as Estuarine and Marine Wetland and Freshwater Emergent Wetland Aquatic Habitat are also found within 0.5 miles of the action area. These wetland areas are listed on the National Wetland Inventory (NWI) mapper as Cowardin classification E1UBL; Estuarine, Subtidal, Unconsolidated Bottom, E2AB/USN; Estuarine, Intertidal, Aquatic Bed, Unconsolidated Shore, Regularly Flooded, and PEM1C; Palustrine, Emergent, Persistent, Seasonally Flooded (Figure 6). According to queries of the WDFW SalmonScape data, no salmonid bearing streams have been documented in the action area. However, salmonid species may travel past the project site as salmonid bearing streams are present 1 to 2 miles away, and NOAA fisheries has designated the shoreline as ESA Critical Habitat for Puget Sound Chinook and Hood Canal Summer Run Chum. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 13 Figure 5. Washington State Fish and Wildlife Priority Habitat and Species Map & Table Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 14 Figure 6. National Wetlands Inventory Map 2.8.1 Forage Fish Migrating salmon utilize forage fish such as Pacific Herring (Clupea harengus pallasi), Pacific Sand Lance (Ammodytes hexapterus), and Surf Smelt (Hypomesus pretiosus) as prey resources. These fish form a very important trophic link between plankton resources and a wide variety of predatory marine organisms as well as providing food for marbled murrelets and bald eagles. According to WDFW, there is documented Surf Smelt and Pacific Sand Lance spawning habitat along the shoreline (Error! Reference source not found.). Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 15 Figure 7. Forage Fish Spawning Area Map 2.3 Federal ESA Species & Critical Habitat For each listed species with the potential to be in the project action area, the listing status, distribution of species, and relevant life history traits are presented in the sections below. Salmon species that that may migrate past the project site are also included. Critical habitat for listed species within the project footprint or action area is listed in Table 1. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 16 Table 1. NMFS/USFWS Critical Habitat NMFS/USFWS Critical Habitat Action Area Stair/Tree removal Project Footprint Buoy Project Footprint Final Nearshore Rockfish Critical Habitat (NMFS, 2014) Y N Y Final Deepwater Rockfish Critical Habitat (NMFS, 2014) Y N N Hood Canal Summer-run Chum Salmon Freshwater Critical Habitat (NMFS, 2005) N N N Hood Canal Summer-run Chum Salmon Marine Critical Habitat (NMFS, 2005) Y N Y Marine Critical Habitat for Puget Sound Chinook Salmon (NMFS, 2005) Y N Y Freshwater Puget Sound Chinook Salmon Critical Habitat (NMFS, 2005) N N N Freshwater Critical Habitat for Puget Sound Steelhead (NOAA, 2016) N N N Marine Critical Habitat Hood Canal Summer-run Chum Salmon (NMFS, 2005) Y N Y Southern Resident Killer Whale Critical Habitat (NMFS, 2006) Y N N Bull Trout Final Critical Habitat (USFWS, 2015) N N N Marbled Murrelet (USFWS, 2015) Y N N Leatherback Sea Turtle Critical Habitat (NMFS, 2012) N N N Green Sturgeon Critical Habitat (NMFS, 2009) N N N Southern Eulachon (NMFS, 2011) N N N 2.3.1 Puget Sound Chinook Puget Sound Chinook (Oncorhynchus tshawytscha), also known as 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. 1998). They may enter estuaries immediately after emergence as fry from March to May at a length of ~40 mm, or they may enter the estuaries as fingerling smolts during May and June of their first 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 et al. 1982). These ocean-type Chinook use estuaries as rearing areas and are the most dependent of all salmon species on estuaries for survival. The Puget Sound Chinook is listed under the Endangered Species Act (ESA) as threatened according to the National Marine Fisheries Service (NMFS) (70 FR 37160; June 28, 2005). In Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 17 addition, NMFS has designated Critical Habitat for 12 Evolutionarily Significant Units (ESUs) of West Coast salmon, including the Puget Sound Chinook Salmon ESU. The portion of any project footprint and action area located below the line of extreme high water is designated as Critical Habitat for the Puget Sound Chinook ESU (70 FR 52685; September 2, 2005). The proposed mooring buoy project site and the entire project action area is within Puget Sound Chinook marine Critical Habitat. According to queries of the SaSI data, the closest Chinook riverine presence is approximately 9 miles outside the action area, in Tarboo Creek (Fall run). 2.3.2 Hood Canal Summer-run Chum In Puget Sound, chum (Oncorhynchus keta) spawning grounds are situated near coastal rivers and lowland streams. Puget Sound chum typically spawn from September to March (WSCC 2003). Chum (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 (harpacticoid 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). Chum move offshore and switch diets when presented with a lack of food supply (Simenstad et al. 1982). NMFS has listed the Hood Canal summer-run chum ESU as threatened under the ESA (70 FR 37160; June 28, 2005). NMFS designated Critical Habitat for the Hood Canal summer-run chum ESU shortly after (70 FR 52739; September 2, 2005) and it includes the entire Hood Canal and contiguous shoreline north/northwest, ending past Dungeness Bay near Sequim, and streams. The proposed mooring buoy project site and the entire project action area is within Hood Canal Summer-run chum marine Critical Habitat. According to queries of the SaSI data and NOAA Critical Habitat data, the closest Hood Canal summer-run chum stream is Chimacum Creek, approximately 3.5 miles outside the action area. 2.3.3 Bull Trout Coastal-Puget Sound Bull Trout (Salvelinus confluentus) 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. Bull Trout 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 (64 FR 58910; November 1, 1999). Spawning Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 18 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 approximately 15 degrees Celsius are thought to limit Bull Trout distribution (Rieman & McIntyre, 1993). All populations of Bull Trout, including the Coastal-Puget Sound populations, were listed as threatened by the United States Fish and Wildlife Service (USFWS) in 1999 (64 FR 58910; November 1, 1999). USFWS designated Critical Habitat for Bull Trout in 2010 (75 FR 63898; October 18, 2010). Bull Trout Critical Habitat is not within the action area. Also, there are no streams in the project or action areas with documented Bull Trout presence (SaSI WDFW). 2.3.4 Puget Sound Steelhead Steelhead is the name given to the anadromous form of Rainbow Trout (Onchorhynchus mykiss). Other Rainbow Trout remain in freshwater systems for the duration of their lives. Unlike Pacific salmon, Steelhead can return to the ocean after spawning and migrate to freshwater to spawn again. 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. Steelhead migrate quickly through Puget Sound and into the open sea as individuals or in small groups (Crawford 2012). Unlike Chinook, steelhead do not have a long term feeding and growth period in Puget Sound nearshore areas (Crawford 2012). NMFS has listed the Puget Sound steelhead (O. mykiss) as a threatened species under the ESA (72 FR 26722; May 11, 2007). Critical Habitat has been finalized for the Puget Sound steelhead distinct population segment (81 FR 9252; February 24, 2016). There is no designated Critical Habitat for Steelhead within the action area. 2.3.5 Rockfish Bocaccio (Sebastes paucispinis) and Yelloweye (Sebastes ruberrimus) Rockfish remain in the upper part of the water column as larvae and pelagic juveniles. Around 3 to 6 months old, Bocaccio Rockfish settle into intertidal, nearshore habitat; they prefer to settle in rocky reefs, kelp beds, low rock, and cobble areas (Love et al. 2002). Juvenile Yelloweye Rockfish are usually found in the upper extent of the adult depth range instead of in intertidal habitat (Studebaker et al. 2009). As both species grow larger, they move into deeper waters. Adults are found around rocky reefs and coarse habitats. Marine habitats high in complexity are associated with higher numbers of Rockfish species (Young et al. 2010). Adult Yelloweye and Bocaccio Rockfish generally inhabit depths from approximately 90 ft to 1,400 ft (Love et al. 2002). Both species are opportunistic feeders, with their prey dependent on their life stage. Predators of adult rockfish include marine mammals, salmon, other rockfish, lingcod, and sharks. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 19 NOAA has listed the distinct population segments (DPSs) of Yelloweye (Sebastes ruberrimus) as a threatened species under the ESA and listed the Georgia Basin DPS of Bocaccio Rockfish (Sebastes paucispinis) as endangered (75 FR 22276 April 28, 2010). Critical Habitat has been finalized for the rockfish distinct population segment (79 FR 219; November 13, 2014). 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 mooring buoy component of this project is located within Nearshore Rockfish Critical Habitat area, and of the action area of the project includes both Nearshore and Deepwater Rockfish Critical Habitat areas. However, although these species have the potential to be present, the effects of this project on rockfish species are expected to be minimal, if at all. Shallow intertidal nearshore waters can provide suitable substrate (in rocky, cobble and sand substrates, with or without kelp) for juvenile Bocaccio Rockfish (3-6 month old), but the highest densities of juvenile rockfish are found in areas with floating or submerged kelp species. Taking this into account, the project footprint is within marginally suitable habitat for rockfish due to the presence of cobbly and submerged aquatic vegetation, but not preferred rockfish habitat because of the lack of abundance of larger kelp species on-site. 2.3.6 Marbled Murrelets Marbled Murrelets (Brachyramphus marmoratus) are small marine birds in the Alcidae family. They spend most of their time at sea and exclusively 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 (WDW 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. Marbled Murrelets have been listed as threatened by the USFWS since 1992 (57 FR 45328; October 1, 1992). Critical Habitat was designated by USFWS in 1996, revised in 2011, and reviewed again in 2016 to determine if the ESA definition of Critical Habitat was being met (81 FR 51348, August 4, 2016). There is no Marbled Murrelet Critical Habitat within close range of the project area, and there are no nests close to the project site (WDFW, USFWS). Results from the 2018-2019 Puget Sound Seabird Survey (PSSS) report, created by Seattle Audubon Society, show that 177 individual Marbled Murrelets were sighted across 21 observation study sites during 2018-2019. None of these sightings by PSSS occurred in the area of the project site. However, based on eBird citizen science data, the closest recorded Marbled Murrelet sightings are within the action area, with 4 sightings at Olele Point in 2017, and 4 sightings at the same location in 2007. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 20 2.3.7 Humpback whale NMFS has listed the humpback whale (Megaptera novaeangliae) as an endangered species that may occur in Puget Sound (81 FR 62260; September 8, 2016). Critical Habitat was proposed by NMFS in 2019, but does not include the project footprint or the action area (84 FR 54354; October 9, 2019). In the North-Central Puget Sound Sub-basin, there were the following humpback whale sightings in (Orca Network): • 2018: June, July • 2019: February, May, August, September • 2020*: June, July, August, October * (no data available yet for December 2020) 2.3.8 Leatherback Sea Turtle NMFS has listed the Pacific leatherback turtle (Dermochelys coriacea) as an endangered species that may occur in Puget Sound (35 FR 8491; June 2, 1970). There is no designated Critical Habitat for Pacific leatherback turtles in Puget Sound at this time; it is designated along the outer coast of Washington state (77 FR 4170; January 26, 2012). Breeding habitat for leatherback sea turtles in Washington does not exist, even though they are occasionally seen along the coast (Bowlby et al. 1994). Leatherback sea turtles are rarely seen in Puget Sound (McAllister, pers. comm.). It is highly unlikely leatherback turtles would be found near the project site. 2.3.9 Southern Resident Killer Whale The Southern Resident Killer Whale (Orcinus orca) population consists of three pods: J, K and L. According to Wiles (2004), “While in inland waters during warmer months, all of the pods concentrate their activity in Haro Strait, Boundary Passage, the Southern Gulf Islands, the eastern end of the Strait of Juan de Fuca and several localities in the southern Georgia Strait.” During early autumn, these pods, especially J pod, extend their movements into Puget Sound to take advantage of the Chum and Chinook salmon runs. Resident Killer Whales spend more time in deeper water and only occasionally enter water less than 5 meters deep (Baird 2001). On November 15, 2005 NMFS listed the Southern Resident Killer Whale as endangered under the ESA (70 FR 69903; November 18, 2005). NOAA Fisheries has designated Critical Habitat for killer whales: "Critical Habitat includes waters deeper than 20 ft relative to a contiguous shoreline delimited by the line of extreme high water." (71 FR 69054; November 29, 2006). Southern Resident Killer Whale Critical Habitat is found within the action area. Federally listed marine mammals also occur in the action area and include the Humpback Whale and Resident Orca. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 21 According to the Southern Resident Killer Whale (SRKW) Sighting 1990-2013 map (Olson 2014), Quad #393 (which encompasses the action area) had the following sightings: Month Number of SRKW Individuals Sighted January 0 February 1 March 0 April 0 May 0 June 0 July 0 August 0 September 2 October 3 November 1 December 2 And according to the Orca Network, in the North-Central Puget Sound Sub-basin, there were the following Killer Whale sightings in 2018, 2019, and 2020: Month Number of sightings per month in 2018 Number of sightings per month in 2019 Number of sightings per month in 2020* *(no data available yet for December 2020) January 3 2 1 February 2 3 0 March 1 4 5 April 3 3 5 May 1 4 4 June 6 3 9 July 1 8 11 August 7 8 4 September 11 2 2 October 2 6 4 November 6 0 7 December 6 3 N/A Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 22 Due to the proposed mooring buoy placement being at a depth less than 20 feet “relative to a contiguous shoreline delimited by the line of extreme high water,” the Critical Habitat area is outside of the project footprint (71 FR 69054; November 29, 2006). Therefore, it is highly unlikely that Southern Resident Killer Whales would be affected by this project. 2.3.10 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 (71 FR 17757; April, 7, 2006). Critical Habitat for the threatened Southern DPS Green Sturgeon was subsequently designated by NMFS in 2009 (74 FR 52300; October 9, 2009). Southern DPS Green Sturgeon occupy coastal bays and estuaries from Monterey Bay, CA to Puget Sound, WA. Observations of Green Sturgeon in Puget Sound are much less common compared to the other estuaries in Washington State. Green Sturgeon have a complex anadromous reproductive cycle and do not reach reproductive age until 15 years old for males and 17 years old for females; female Green Sturgeon are thought to spawn every 5 years (NMFS, 2002). Activities of concern in Puget Sound include dredging and capping, which could affect benthic habitats, alter water flow, and affect water quality (NMFS, 2009). There is no designated Critical Habitat for Green Sturgeon within the action area. 3. Effects of the Action When reviewing all of the data, the direct and indirect effects of this project on the listed species discussed above, as well as their Critical Habitat, have been considered. Impacts to ESA species and their Critical Habitat areas are based on what we know of the project area, as well as current baseline conditions. Direct and Indirect effects are discussed below. 3.1 Direct Effects The likelihood of any listed species and/or Critical Habitat being immediately reduced in size or population, or destroyed, by direct effects of this project was outlined in Section 2 above. The types of potential direct impacts caused by the construction process includes increased noise, and impacts to water quality, which are discussed below. 3.1.1 Water Quality Beach access component of project: The construction of the stairs will take place in the dry, above the OHWM. A localized increase in bluff erosion could occur during construction, however it is expected that effects on water quality will occur on a very limited basis, if at all. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 23 Mooring buoy component of project: The installation of the mooring buoy could cause temporary and localized increases in turbidity and total suspended solids (TSS). This could impact migrating salmonids and forage fish by reducing feeding rates and causing physiological stress. Variations in suspended sediment concentration can negatively impact species composition, biomass, algal growth and can affect secondary production as well (Newcombe and MacDonald 1991). Filter feeders can have blockages in feeding structures and effect their feeding efficiency, in turn reducing growth rates, increasing stress or in some cases can result in death (Newcombe and MacDonald 1991). Suspended sediments can also impact salmonid fishes by increasing mortality rate, reducing growth rate and/or reducing resistance to disease, modifying natural movements, interfering with development, reducing prey abundance and fish catch methods (Newcombe and MacDonald 1991). Impact level depends on duration of exposure, concentration of turbidity, the life stage during the increased exposure, and the options available for the fish to avoid the plumes (Newcombe and MacDonald 1991). The effects can be discussed in terms of lethal, sublethal or behavioral (Nightingale and Simenstad 2001a and Simenstad, editor, 1988). Turbidity effects from this project are expected to be minor, localized, and brief, so no significant effects on fish or filter feeders is expected. Also, no known water quality issues are listed by the Department of Ecology for the project area, so any potential upwelling of sediments caused by the installation of the mooring ball will not pose a risk of toxicity (Figure 8). Tree removal component of project: A localized increase in bluff erosion could occur due to the removal of trees within the Marine Critical Area buffer, however, most of the trees proposed for removal are located further up the bluff and are crowded by other trees and vegetation which would help to impede the potential erosion caused by the tree removal. Therefore, it is expected that effects on water quality will occur on a very limited basis, if at all. Additionally, new trees and vegetation will be planted for mitigation, introducing more diverse understory habitat and helping to halt any potential erosion that could affect water quality. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 24 Figure 8. Dept. of Ecology Water Quality Map Listings 3.1.2 Above Water Noise Effects Beach access component of project: The construction of the stairs will take place in the dry, above the OHWM. Some noise effects will likely occur during construction due to the necessary use of hand tools and material movement. Loud noises could disrupt wildlife, and/or mask the approach of predators. However, the likelihood of effects on wildlife due to noise pollution is minimal, since severe noise such as pile driving will not occur during this project. Mooring buoy component of project: The installation of the mooring buoy is not expected to cause any noise effects. Tree removal component of project: Noise disturbance will likely occur during the removal of the trees, but will be brief and localized. 3.1.3 Federal Emergency Management Agency (FEMA) Related Impacts Beach access component of project: Although much of the property is outside of the FEMA flood zone, the staircase will be located within 13 feet of sea-level, so it is considered within the FEMA flood zone AE (Figure 9). However, the staircase will be located above the OHWM, securely attached to the bedrock of the bluff face, and constructed of weather resistant materials, so its structure should be able to withstand any potential 100-year floods. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 25 Mooring buoy component of project: Since mooring buoys designed to remain below water, the FEMA flood zone information does not apply to this portion of the project. Tree removal component of project: All trees proposed for removal are above the FEMA flood zone with the exception of the single Douglas Fir (Pseudotsuga menziesii) located adjacent to the proposed beach access stairs. This tree will be mitigated for in the No Net Loss mitigation planting plan, and no significant effects on flooding or erosion are expected to occur due to its removal. Figure 9. FEMA Flood Zone Map 3.2 Indirect Effects Indirect effects are considered negative impacts on listed species and their Critical Habitats which may occur after the completion of this project. These are discussed below. 3.2.1 Salmonid Migratory Pathway Alteration All salmonid species are known to use estuarine and nearshore environments at some time during their life cycle. In addition, critical food fish for salmonids, such as Surf Smelt (Hypomesus pretiosus), Sand Lance (Ammodytes hexapterus) and Herring (Clupeaharangus) depend on quiet embayments, sandy, undisturbed, shaded beaches, and eelgrass beds for spawning (Shaffer 2001). Ecosystem links between upland and nearshore habitats are extremely important (Shaffer 2001). Properly graded intertidal and supratidal zones are also crucial habitat elements for biota (Dethier 1990; Heerhartz et al. 2015; Heerhartz & Toft 2015). Furthermore, forage fish spawning occurs high on the Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 26 shoreline, which is impeded by structures which cut off part of the intertidal zone (Quinn et al. 2012). Beach access component of project: The proposed staircase will be located above the OHWM, so it is unlikely to have any impacts on salmonoid migratory pathways. However, because the project will alter the landscape within the footprint of the staircase, it may have potential impacts on productivity (such as reduced productivity due to shading in the riparian zone) and natural ecosystem links between the upland and nearshore habitat systems. Mooring buoy component of project: The installation of the mooring buoy will alter the benthic environment within the anchor footprint, but is not expected to have significant impacts on salmonid migration or movement. Tree removal component of project: Does not apply. 3.2.2 Increased Predation & Shading At this time, there is no evidence of structures such as docks or mooring buoys causing the aggregation of salmonid predators in the Puget Sound (Ratte & Salo 1985; Cardwell et al. 1980; Nightingale and Simenstad 2001b). Other marine structures, such as breakwaters, may serve as marine mammal haul out areas, but there is no scientific literature that states that these mammals are particularly targeting small migrating juvenile fish. It might be assumed that birds would be interested in small migrating juveniles, but there is also no evidence that marine structures provide an aggregation site for predatory birds (Taylor and Willey 1997). An additional concern about the impacts of overwater structures on migrating salmon is that they will be forced to move out into deeper water, where they will be consumed by predatory fish species. However, in the Williams study cited above, the authors noted: We found no evidence that avian, marine mammal, or fish predators consumed more juvenile salmon near WSF terminals than along shorelines without overwater structures. Few species appeared to be targeting abundant fry in nearshore habitats, and we observed only two occasions in which predators (one tern sp., one staghorn sculpin) had consumed juvenile salmon. The authors also state: Our analysis of fish diets at the Mukilteo ferry terminal provides one piece of conclusive evidence that juvenile salmon were not a major dietary component of predatory fish species during our study. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 27 This study would seem to contradict the assertion that overwater structures cause increased salmonid predation by other fish species. Beach access component of project: Because this component of the project is located above the OHWM, no increases in predation are expected. Mooring buoy component of project: The mooring buoy is not an overwater structure, so its installation should have no direct effect on predation. However, when a boat is tied to the mooring buoy, additional shading could cause indirect effects on salmonids and other sea life. Shading caused by overwater structures can reduce or eliminate eelgrass, macroalgae, and epibenthic organisms resulting in reduced prey and refugia resources for salmonids. However, the mooring location was chosen to avoid impacts to submerged aquatic vegetation that was found without putting the float too far offshore to avoid navigational issues to passing boat traffic. Limited eelgrass was found in the area, and the proposed mooring buoy location is at least 25 feet away from any existing eelgrass beds. The mooring buoy will be placed 140 feet from the shoreline at a depth of approximately -14 ft MLLW and will not impede nearshore fish migration. Tree removal component of project: Because this component of the project is located above the OHWM, no increases in predation are expected. 3.2.3 Scouring Wave regime and local geology are the primary drivers of modern beach geomorphology. In the action area, a drift cell is going from left to right (west to east), in an area considered to have a stable slope (WECY 2015). Beach access component of project: A structure like the proposed staircase can potentially act like a groin. Groins change coastal dynamics and sediment transport by blocking movement of sediment, which leads to sediment accumulation on the updrift side, and erosion on the downdrift from lack of new sediment addition (Guimanes et al. 2016). Physical changes in beach structure, specifically beach narrowing and lowering, are also linked to biological effects. Most directly, forage fish spawning habitat in the upper intertidal zone may be degraded in both extent and quality (Pentilla 2007). However, due to the fact that this structure will be located above the OHWM on a stable bedrock slope, it is not expected to have significant effects on beach sediment transport. Mooring buoy component of project: Does not apply. Tree removal component of project: Does not apply. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 28 3.2.4 Boating Impacts Beach access component of project: Does not apply. Mooring buoy component of project: Boating activity can cause damage to the aquatic habitat due to prop scour and increased turbidity. In several studies, aquatic vegetation and benthic organisms were found to be absent or greatly reduced in areas where boat traffic was high and the propellers were within one foot of the bottom (Chmura and Ross 1978). Lagler et al (1950) found that propellers within approximately 14-inches of the bottom removed all plants and silt within a swath approximately 5-ft wide. Conversely, boat use over deeper water can actually stimulate aquatic plant growth by increasing the dissolved carbon dioxide and increasing water circulation (Warrington 1999). WA Department of Natural Resources (DNR) recommends -7 ft Extreme Low Tide (ELT) as the minimum depth to avoid impacts from prop scour; this translates to approximately -10 ft MLLW. The proposed mooring buoy location is deeper than this recommendation, and it is assumed that most boating activity adjacent to the float will be at slow speeds. Tree removal component of project: Does not apply. 3.3 Cumulative Effects Cumulative effects, which take into account this project as well as future development in the area, are reasonably certain to occur in the action area. The project area includes many shoreline properties within 0.5 miles to the north and south. These cumulative habitat alterations could impact ESA listed species and/or their Critical Habitat areas, as well as human water-dependent recreational activities such as fishing and swimming. These potential adverse cumulative effects could be caused by physical obstructions from development, changes in stormwater flow on the landscape, changes in turbidity and pollution levels, and other such factors. The full scope of cumulative impacts cannot be quantified in this assessment, but with appropriate regulations in place, it is unlikely that ESA listed species, Critical Habitat area, or human recreation will be greatly affected by the addition of the mooring buoy, and beach access staircase. In addition, it is the opinion of MS&A that the mitigation planting plan will create No Net Loss of ecological function at the site, and in some cases may improve the understory habitat by introducing more diverse native plant species. 3.4 Interrelated/Interdependent Effects Completion of this project is not anticipated to promote future construction or other activities that would not otherwise occur without its completion. Therefore, no additional interrelated or interdependent actions that could affect sensitive species are anticipated to occur because of this project. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 29 4. Conservation Measures to Avoid/Minimize Impacts Standard Best Management Practices (BMPs) should be followed during the installation of the mooring buoy and beach access staircase, as well as during any tree trimming/removal. Suggested BMPs are outlined blow. BMPs specific to beach access component of project: • Lowering of staircase materials from upland area to avoid impacts to bluff/slope and beach. • No native vegetation removal beyond the actual footprint of the staircase (which will be mitigated for). BMPs specific to mooring buoy component of project: • A helix screw anchor will be used for smallest possible footprint on benthic substrate. BMPs specific to tree removal component of project: • Trees should be trimmed or removed during fall/winter months to avoid impacts to nesting birds. • Green wood should be removed from the project site and disposed of in an approved upland facility (such as the County yard waste composting facility) immediately following removal of trees to prevent the spread of pest species. General Best Management Practices for Small Construction Sites: • Whenever possible, use hand-tools during construction. • Whenever possible, work should be performed from upland area to avoid impacts to bluff/beach. • Marking CRZ of trees with paint, flagging, or other and limit soil disturbance and compaction by avoiding running equipment and stockpiling materials in CRZ. Additionally, it is recommended that any necessary heavy equipment and/or truck access should entail a layer of mulch, or sufficiently wide and thick steel plates in the vehicle wheel path to avoid rutting and damaging the vegetation. • Construction should not be conducted during heavy precipitation events, regardless of the protection of vegetation. If vegetation is damaged, or rutting occurs, it is recommended that those areas be re-planted with native vegetation and a layer of mulch at a minimum depth of 3 inches. • Limit the extent of clearing operations and phase construction operations. • All work should be performed during approved work windows, when applicable, and/or following any permitting agency seasonal restrictions. • The duff layer, native topsoil, and natural vegetation should be retained in an undisturbed state to the maximum extent practicable. The single most effective means of limiting Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 30 stormwater impacts during and after construction and minimizing costs of implementing BMPs is to retain existing soil and vegetation to the maximum practical extent. • Daily check list of potential safety areas. • All oil containing equipment will be staged in secondary containment capable of handling 3x the volume of oil contained in said equipment. • Stacking soils adjacent to areas of excavation to facilitate replacement. • Utilizing ball valves on all concrete and grout ports to ensure no grout enters the water column. • Daily housekeeping to ensure debris does not enter the water/area adjacent to the work site. • Prevent pollutant release. Select source control BMPs as a first line of defense. Prevent erosion rather than treat turbid runoff. • Divert runoff away from exposed areas wherever possible. Keep clean water clean. • Reduce runoff velocities to prevent channel erosion. • Schedule installation of BMPs. Some temporary BMPs should be installed before earthmoving activities begin. • Schedule regular inspections of the site and the stormwater BMPs throughout the construction process. Repair or replace BMPs as needed. Maintain the BMPs as necessary. Without proper maintenance, all BMPs will fail. • Before reseeding a disturbed soil area, amend all soils with compost wherever topsoil has been removed. • Minimize slope length and steepness. • Prevent the tracking of sediment off-site. • Be realistic about the limitations of controls that you specify and the operation and maintenance of those controls. Anticipate what can go wrong, how you can prevent it from happening, and what will need to be done to fix it. • Make sure that bids and estimates include costs of purchase of materials and manpower for installation, maintenance, and removal of BMPs. • Be sure that it is understood which party is responsible for BMPs. • Schedule removal of the temporary BMPs (or retrofit them for permanent use) at the end of the construction project. To mitigate for potential impacts on the environment caused by any components of the projects described in this report, a native planting plan has been created (see Mitigation Plan, Section 6, below). 5. Take Analysis The Endangered Species Act defines “take” as to “harass, harm, pursue, hunt, shoot, wound, trap, capture, collect or attempt to engage in any such conduct.” The USFWS further defines “harm” as “significant habitat modification or degradation that results in death or injury to Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 31 listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering.” It is likely that no “take” will result from this project. 5.1 Determination of Effect After reviewing the appropriate data, the determination of effect to each listed species and designated Critical Habitat within the action area is: • Puget Sound Chinook - "May effect, not likely to adversely affect" • Rockfish - "May effect, not likely to adversely affect" • Bull Trout - "No effect " • Hood Canal Summer-run Chum – "May effect, not likely to adversely affect" • Steelhead – “No effect” • Marbled Murrelet – "May effect, not likely to adversely affect" • Green Sturgeon - "No effect " • Southern Eulachon – “No effect” • Humpback whale – “No effect” • Leatherback sea turtle – “No effect” • Southern Resident Killer Whale – “May effect, not likely to adversely affect” 6. Mitigation Plan for No Net Loss of Ecological Function 6.1 Proposed Mitigation This mitigation plan aims to minimize any potential resource impacts for the proposed project by enhancing ecological value and function of the existing site, particularly along the Marine Critical Area buffer. This will be done by planting 1,686 square foot area of newly installed native plants in the clearing located just upland from the shoreline, along where the treeline ends and the clearing begins. These newly installed native plants will help to reduce runoff and erosion, improve nutrient input, and create additional wildlife habitat along the Marine Critical Area buffer. It is recommended that this 1,686 square foot area be planted to comply with the 1:1 mitigation required for new disturbance area within a Critical Area buffer, as per Jefferson County Critical Areas Ordinance Section 18.22.660(3)[a] Mitigation. The square footage was calculated to mitigate for the following aspects of the project: 1. New stairs to beach: the total square footage of new project footprint for the proposed beach access staircase is 84 square feet (Figure 3). Thus, to achieve the necessary 1:1 mitigation ratio, 84 square feet of new planting area must be installed. 2. Mooring buoy installation: It is the opinion of MS&A that no major loss of ecological function will result with the installation of the mooring buoy, and that no mitigation is needed for the at this time. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 32 3. Native tree removal and vegetation trimming: For the proposed removal of 1 mature Douglas Fir (P. menziesii) tree, 22 Douglas Fir saplings, 1 Western Red Cedar (T. plicata), approximately 30 Red Alder (A. rubra) saplings, 10-20 shrub-sized Douglas Fir trees (1-2 ft in height), and 1 Vine Maple (A. circinatum) previously removed by accident, a total of 1,602 square feet of new planting area must be installed. This was calculated by using standard “on-center” (O.C.) dimensions for native plants (described further in Section 6.6 and below). • 10-foot O.C. was used for the 23 mature and sapling Douglas Fir trees proposed for removal, which is equal to 31.42 sf per tree. 23 trees X 31.42 sf = 723 sf of new plants needed for mitigation. • 10-foot O.C. was also used for the single Western Red Cedar tree proposed for removal, as well as the single Vine Maple previously removed. 2 trees x 31.42 sf = 63 sf of new plants needed for mitigation. • 6-foot O.C. was used for the approximately 30 Red Alder saplings proposed for removal, which is equal to 18.8 sf per tree. 30 trees X 18.8 = 564 sf of new plants needed for mitigation. • 4-foot O.C. was used for the 10-20 shrub sized Douglas Fir trees proposed for trimming and/or removal, which is equal to 12.6 sf per tree. 20 X 12.6 = 252 sf of new plants needed for mitigation. o Total = 1,602 square feet of new plants needed to mitigate for all potential vegetation removal. 6.2 Mitigation Goals Goal (1) Buffer Enhancement: Create a newly vegetated area of approximately 1,686 square feet O.C. mature plant coverage of diverse native plant species. This will enhance the ecological value and function of the habitat within the critical area buffer by reducing erosion, improved nutrient input, and creating wildlife habitat. Goal (2) Emergent Cover: 60% by year one, 80% by year three, 90% by year five. Goal (3) Survival: 100% by year one, 85% survival by year three. Goal (4) Soil: For newly planted plants, deconsolidate and amend soil where holes are dug before plants are installed and add a minimum of 3” mulch. 6.3 Mitigation 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, which are outlined in section 7.5 below. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 33 Performance Standard (1) Buffer Enhancement: Native plants will be installed in year one. Photographs will be taken during monitoring years. A comparison of photographs from previous years along with the percent cover and survivorship standards outlined below will help in assessing the quality of the buffer. The planting area is clearly outlined in this report, and described in Goal (1) and Table 2. Photo stations for the planting site will be determined, and a photograph of the restoration location will be taken on an annual basis. To meet survival performance standards, individual plants that die must be replaced with the same species unless a different species is suggested by the project biologist due to site conditions. Performance Standard (2) Emergent Cover: The percent cover standard will be monitored by using the Point Intercept Method of surveying the planting plots. One or more transect lines will be established by stretching a measuring tape between two points. The location of the transect will be staked and flagged at each end so that the same transect can be surveyed each monitoring year. A data form will be used to collect information at a minimum of five-foot intervals, stopping along the tape to record what is located directly beneath it at each interval point. If no plants are present, bare ground will be noted. Once data is recorded, the following formula will be used to calculate the percent of bare ground: (Number of points with bare ground divided by total number of points evaluated) X 100 = percent of bare ground Performance Standard (3) Survival: 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 plants after planting by the total number of surviving plants at the end of the season. Performance Standard (4) Soil: A minimum of 20% organic matter by bulk density in the soil will be verified by invoices. 6.4 Site Preparation Topsoil around and beneath newly installed native plants will be comprised of a minimum of 20% organic matter. MS&A recommends that the amended soil consist of 6" of coarse sand and 6" of vegetative compost which should be worked into the soil before planting. After plant installation, a layer of mulch at least 3” thick will be placed as a groundcover around the plants. 6.5 Plant Procurement Plants will be selected from a regional native plant nursery. Invoices will be provided after purchase. See Attachment 1 for a list of local native plant nurseries and resources. Substitutions may be necessary for species or individuals outlined in this planting plan which 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. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 34 6.6 On Center Dimensions and Area Coverage The total square footage of native plant coverage was calculated using “on center” dimensions (i.e. the distance between the center of one plant to the center of the next plant, when mature). The average on center (O.C.) dimensions of each plant species was sourced from Sound Native Plant’s “Calculating Plant Quantities” guidelines, and a conservative estimate of coverage was calculated using a typical plant quantity/coverage calculator. 6.7 Planting Instructions Whenever possible, planting should be done between mid-October and mid-December as plants grow roots during the cool weather, even when the tops of the plants are dormant. Planting between mid-December and mid-April is also acceptable but more attention to supplemental watering may be required due to drier seasonal weather conditions. Any nursery instructions that come with the plants should be read and followed. Plants should be laid out by hand generally following the spacing specified on the planting plan map (Figure 11). Before planting, set the potted plants out on the landscape according to the planting plan design and make sure the arrangement works before digging any holes. Next, dig a bowl-shaped hole for each plant at least twice the width, and slightly deeper, than the potted plant’s container. Roughen the sides and the bottom of the hole with a pick or shovel. If the soil is especially dry, fill the hole with water and let it soak in before continuing. Remove the plant from its container gently without pulling on the stem of the plant. Loosen bound roots on the outer inch of soil and cut any roots that encircle the root ball to ensure that the plant will not continue to grow within its “memory” of the pot wall confines. Set the plant in the hole so that the top of the soil remains level with the surrounding soil. Fill the surrounding space with loose topsoil comprised of at least 20% organic matter. Native top-soils are preferred, whenever possible. Cover any exposed roots but do not pile dirt onto the stem or root collar, as this can kill some plants. To discourage root rot, gently tamp down the filled soil to remove any air pockets that may exist below ground, while allowing the soil to remain somewhat loose. Form a temporary basin or trench around each plant to encourage water collection, and then water thoroughly. Immediately after watering, mulch such as wood chips, leaves, or brown carbon rich compost should be added to a 3-inch thickness over the entire planting area without covering the stems of the plants. The mulch will aid in slope stability, moisture and nutrient retention, and weed control. Heavy duty woodchips are preferable in areas where noxious or invasive species may become a problem. Staking of trees or shrubs should not be necessary unless high winds exist or the tree is tall and has little roots. If staking is deemed necessary, use a thick rope or padding around the trunk of the tree to prevent damage to the bark, and use the minimum amount of tension necessary to achieve balance. Figure 10. Planting Instructions (sourced from City of Seattle Department of Planning and Development Environmentally Critical Areas Standard Mitigation Plan) Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 35 6.8 Inspection and Maintenance Criteria Maintenance must be done twice yearly. No herbicides or pesticides are to be used, and all work should be performed by hand whenever possible, with the lightest possible equipment where such use is necessary. During year one, every failed plant must be replaced within the plot. During year one, and during the first year after any replacement planting, plantings must receive 1 inch of water at least once weekly between June 15 and September 15. Trees and shrubs must be weeded to the dripline, and mulch must be maintained at a depth of 3 inches. Weed herbaceous plantings as necessary (flowers, ferns, etc.). All litter and non-native vegetation must be removed, such as Himalayan blackberry (Rubus armeniacus), reed canary grass (Phalaris arundinacea), evergreen blackberry (Rubus laciniatus), Scots broom (Cytisus scoparius), English ivy (Hedera helix), morning glory (Convolvulus arvensis), Japanese knotweed (Reynoutria japonica), etc., and properly disposed of off-site. Any receipts obtained from work done on the site should be filed with the Department of Permitting through the project biologist monitoring report. 6.9 Planting Plan To cover a minimum of 1,686 square feet, it has been determined that 20 small trees (6 ft O.C.) and 61 shrubs (4 ft. O.C.) will be required for this planting plan. Instead of replacing the trees proposed for removal “tree for tree,” the equivalent square footage of small trees and shrubs were chosen to increase understory habitat diversity, help the overall health of the remaining Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 36 trees by not planting competing trees nearby, and to keep the waterfront view visible. Following is a table showing the plant species, numbers, and O.C. dimensions for the planting areas. Plants will be selected from a regional native plant nursery. The species in the table below were chosen to create bird and insect habitat, while taking into account hardiness, ecology, and aesthetics. Site photos of the planting areas can be seen in Attachment A. Table 2. Plant List Quantity Scientific Name Common Name Spacing 3 Sambucus racemosa Red Elderberry Spacing: 6’ O.C. 1 Crataegus douglasii Black Hawthorne Spacing: 6’ O.C. 4 Oemleria cerasiformis Indian Plum Spacing: 6’ O.C. 1 Acer circinatum Vine Maple Spacing: 6’ O.C. 2 Corylus cornuta Beaked Hazelnut Spacing: 6’ O.C. 2 Prunus emarginata Bitter Cherry Spacing: 6’ O.C. 7 Cornus stolonifera Red Osier Dogwood Spacing: 6’ O.C. 8 Ribes sanguineum Red Flowering Currant Spacing: 4’ O.C. 7 Holodiscus discolor Oceanspray Spacing: 4’ O.C. 6 Vaccinium ovatum Evergreen Huckleberry Spacing: 4’ O.C. 5 Vaccinium parvifolium Red Huckleberry Spacing: 4’ O.C. 8 Rosa nutkana Nootka Rose Spacing: 4’ O.C. 2 Rhododendron macrophyllum Pacific Rhododendron Spacing: 4’ O.C. 7 Symphoricarpos albus Snowberry Spacing: 4’ O.C. 4 Mahonia aquifolium Tall Oregon Grape Spacing: 4’ O.C. 14 Blechnum spicant Deer Fern Spacing: 4’ O.C. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 37 Figure 11 . Planting Plan Design Map Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 38 7. Monitoring & Maintenance 7.1 As-Built Report An as-built drawing and report will be submitted as documentation of the implementation of the approved planting plan within one month of installation. The plan will include a quantitative final list of species, vegetation descriptions, and photo documentation from established photo stations. A panoramic photo of the entire mitigation site will also be provided. Photos should be taken between June and August, during the growing season. 7.2 Monitoring Schedule 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 within the planting area, which will be established and mapped after the planting occurs. Collected data and photos will be compiled into an annual Riparian Planting Report, which will be submitted by October 31 each monitoring year for five years. 7.3 Monitoring Methods Each annual monitoring report shall include written and photographic documentation on plant mortality and any replanting efforts. There will be specific locations where photos will be taken from for each plot, and these photo points will be referenced on the as-built plan. The site will have at least four photo points per project, or ¼ acre (whichever is greater). Each year, photos will be taken at the established photo points for each site, and these successive photos will be used for comparison over the 5 years. Photos will be taken at all established photo points for all monitoring years to provide visual documentation of the performance standards progress, or lack thereof. In addition to photos at designated locations, photo documentation must include a panoramic view of the entire planting area. Submitted photos must be formatted on standard 8 1/2" by 11" paper, and must include the date the photo was taken, as well as the direction from which the photo was taken. The established photo location points must be identified on a site drawing. Percent cover will be measured using the point intercept method as described above in the Performance Standards, section 6.3. There will be at least one transect per plant community, and transect locations will be shown on the site plan. Up to 20% of any stratum can be composed of desirable native volunteers when measuring cover. No more than 10% cover of non-native or other invasives, e.g., Himalayan Blackberry, Japanese Knotweed, Evergreen Blackberry, Reed Canary Grass, Scots Broom, English Ivy, Morning Glory, etc. is permissible in any monitoring year. Bond holders are encouraged to maintain mitigation sites within these standards throughout the monitoring period, to avoid corrective measures. Measurement criteria will follow the goals outlined in section 6.2. A qualitative review of the condition of the site’s hydrology (e.g. erosion, slope stability, etc.), soil health, buffer condition, and wildlife use will be included in the monitoring report. The Monitoring Report will also document whether the performance standards are being met. The results of the Monitoring Report will determine whether or not contingency measures will be needed. If deficiencies are found, they will be corrected within 60 days. Monitoring may be extended if mitigation goals have not been met. Receipts for any maintenance activities such as Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 39 re-planting, dump runs for weed removal, structural replacement, etc. will be provided to the project biologist to include in the monitoring report. The applicants will be responsible for the maintenance of their site, and will hire a biologist of their choosing to conduct the as-built and monitoring surveys and to prepare the required reports to document the progress. Contact information MS&A can be found in the title page of this report, and the applicant information is located in section 1.2. 7.4 Maintenance 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 (see section 7.5). 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 may be necessary around all plants that are being monitored for survival and coverage. If the required survival rate is not met by the end of any monitoring year, plants lost to mortality will be replaced to achieve the percentage cover performance standard described above. Prior to replacement, observations will be made on plants that did not survive in order to attempt to determine whether their survival was affected by species/site selection, damage caused by wildlife, or other factors. Subsequent contingency actions must be designed to respond directly to any stressor(s) that are determined to have increased the mortality of planted native species (Section 7.5). Monitoring on an annual basis for five years will occur with photographs to determine the survival rate of the transplanted area. If 100% success is achieved before reaching the five-year mark, monitoring will continue without extra replanting efforts. 7.5 Contingency Contingency actions must be designed to respond directly to any stressor(s) that are determined to have increased the mortality of planted native species. If it is found that a particular plant species is not surviving well at the site, a more appropriate species will be selected for its replacement. If excessive damage by wildlife, exposure, or other elements is observed, protective measures may need to be introduced. Monitoring years may be added if significant re-planting becomes necessary. Monitoring on an annual basis for five years will occur with photographs and measurements outlined in section 7.3 to determine the survival rate of the transplanted area. 8. Conclusion While the proposed project may result in some short-term negative impacts to the habitat, it is the opinion of MS&A that the overall outcome is unlikely to cause long-term adverse impacts to ecological function of the nearshore marine environment. Short-term impacts are likely temporary and minor. We believe that the native planting plan (Section 6) should be sufficient to mitigate any potential adverse effects from the project. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 40 Final jurisdictional authority and permitting on this project will be the responsibility of the appropriate local, state, and/or federal government agencies involved. All information contained in this report should be reviewed by the appropriate regulatory agencies prior to approval or issuance of permits. 9. References Jefferson County Critical Areas Code section 18.22. Crawford, B. A. 2012. Methods and quality of VSP monitoring of ESA listed Puget Sound salmon and steelhead with identified critical gaps. National Marine Fisheries Service, Northwest Region, Olympia, WA. Dethier, M.N., 1990. A marine and estuarine habitat classification system for Washington State. Washington Natural Heritage Program, Dept. Natural Resources. Guimaraes, A., Lima, M., Coelho, C., Silva, R. and Veloso-Gomes, F. 2016. Groin impacts on updrift morphology: Physical and numerical study. Coastal Engineering, 109, pp.63-75. Federal Register / Vol. 61, No. 102 / May 24, 1996 / Rules and Regulations. Federal Register / Vol. 64, No. 56 / March 24, 1999 / Rules and Regulations. Federal Register / Vol. 64, No. 210 / November 1, 1999 / Rules and Regulations. Federal Register / Vol 70, No.170 / Friday, September 2, 2005 / Rules and Regulations. Federal Register, Vol. 70, No. 222 / November 18, 2005 / Rules and Regulations. Federal Register / Vol. 71, No. 229 / November 29, 2006 / Rules and Regulations. 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DOI 10.1007/s10641-015-0377-5 Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 41 Kahler, T., Grassley, M., & Beauchamp, D. 2000. A summary of the effects of bulkheads, piers, and other artificial structures and shorezone development on ESA-listed salmonids in lakes. Final Report prepared for the City of Bellevue. Langler, K. F., A. S. Hazzard, W. E. Hazen and W. A. Tompkins. 1950. Outboard motors in relation to fish behavior, fish production and angling success. Transactions of the 15th Annual North American Wildlife Conference. pp. 280 - 303. Love, M.S., M.M. Yoklavich, and L. Thorsteinson. 2002. The Rockfishes of the Northeast Pacific. University of California Press, Berkeley, California. Myers, J. M., R. G. Kope, G. J. Bryant, D. Teel, L. J. Lierheimer, T. C. Wainwright, W. S. Grand, F. W. Waknitz, K. Neely, S. T. Lindley, and R. S. Waples. 1998. Status review of Chinook salmon from Washington, Idaho, Oregon, and California. U.S. Dept. of Commerce, NOAA Tech Memo. NMFS-NWFSC-35, 443 pp. Newcombe, C.P. and MacDonald, D.D., 1991. Effects of suspended sediments on aquatic ecosystems. North American journal of fisheries management, 11(1), pp.72-82. Nightingale, Barbara and Charles Simenstad. 2001a. Dredging activities: marine issues. Submitted to Washington Department of Fish and Wildlife, Washington Department of Ecology, and Washington State Department of Transportation, Olympia, WA. Nightingale, B. and Charles Simenstad. 2001b. Overwater structures: marine issues. Submitted to Washington Department of Fish and Wildlife, Washington Department of Ecology, and Washington State Department of Transportation, Olympia, WA, pp. 177. Olson, J., 2014. Southern Resident Killer Whale Sighting Compilation 1948-2013. Available at: http://www.westcoast.fisheries.noaa.gov/publications/protected_species/marine_mammals/kil ler_whales/occurrencemap.pdf Orca Network. Web. Accessed August 2020. Available at: http://www.orcanetwork.org/sightings/ Penttila, D. 2007. Marine forage fishes in Puget Sound. Puget Sound Nearshore Partnership Report No. 2007-03. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. Puget Sound Water Quality Action (WQA) Team. 2002. Puget Sound update 2002. Eighth report of the Puget Sound Ambient Monitoring Program. Puget Sound Water Quality Action Team. Olympia, WA. Rieman, B. E. and J. D. McIntyre. 1993. Demographic and habitat requirements for conservation of Bull Trout. Gen. Tech. Rpt. U. S. Forest Service, Intermountain Research Station, Ogden, UT. 38 pp. Seattle Audubon Society. 2010. Puget Sound Seabird Survey site locations. Retrieved from Science Manager Adam Sedgley on August 16, 2010. Seattle Audubon Society. 2009. Puget Sound Seabird Survey Protocol. Retrieved from http://www.seattleaudubon.org/sas/Portals/0/Science/Puget_Sound_Seabird_Survey/PSS S_Protocol_09-10.pdf. Accessed: August 16, 2020. Biological Assessment & No Net Loss Mitigation Planting Plan MS&A | 42 Shaffer, J.A., 2001. Macroalgae blooms and nearshore habitat and resources of the Strait of Juan de Fuca. In Proceeding, Puget Sound Research. Simenstad C.A., Fresh K.L., and Salo E.O. 1982. The role of Puget Sound and Washington coastal estuaries in the life history of Pacific salmon: an unappreciated function (Oncorhynchus spp.). National Inland Fisheries Inst., Bangkok (Thailand). Studebaker, R.S., K.M. Cox, and T.J. Mulligan. 2009. Recent and historical spatial distributions of juvenile Rockfish, Sebastes spp., in rocky intertidal tidepools with emphasis on Sebastes melanops, Trans., Am. Fish. Soc., 138:645-651. Warrington, P. D. 1999. Impacts of outboard motors on the aquatic environment. www.nalms.org/bclss/impactsrecreationboat.htm Washington Department of Fish and Wildlife (WDFW). 1993. Status of the Marbled Murrelet Brachyramphus marmoratus in Washington. Unpubl. Rep. Wash. Dept. Wildl., Olympia, WA. Washington Department of Fish and Wildlife (WDFW). 1994. 1992 Washington State Salmon and Steelhead Stock Inventory, Appendix One, Puget Sound Stocks, Hood Canal and Strait of Juan de Fuca Volume, Olympia Washington Department of Fish and Wildlife (WDFW). 2018. Priority Habitats and Species report. Available at: http://wdfw.wa.gov/mapping/phs/. Olympia, Washington. Accessed: August 15, 2020. Washington Department of Fish and Wildlife (WDFW). 2018. Salmonid Stock Inventory (SaSI). Available at: https://wdfw.wa.gov/conservation/fisheries/sasi/ Accessed: August 15, 2020. Washington Department of Fish and Wildlife (WDFW) and Point No Point Treaty Council (PNPTC). February 10, 2005. Memorandum report: 2004 Progress report on Hood Canal summer Chum salmon. 15 p. Washington Department of Fish and Wildlife and Western Washington Treaty Tribes. 1994. 1992 Washington State Salmon and Steelhead Stock Inventory, Appendix One Puget Sound Stocks, South Puget Sound Volume. Washington Department of Fish and Wildlife. Olympia, WA. Williams, G. D., R. M. Thom, D. K. Shreffler, J. A. Southard, L. K. O’Rourke, S. L. Sergeant, V. I. Cullinan, R. Moursund, and M. Stamey. Assessing Overwater Structure - Related Predation Risk on Juvenile Salmon: Field Observations and Recommended Protocols. September 2003. Prepared for the Washington State Department of Transportation Under a Related Services Agreement With the U.S. Department of Energy Under Contract DE-AC06-76RLO 1830. Young et al. 2010. Multivariate bathymetry-derived generalized linear model accurately predicts Rockfish distribution on Cordell Bank, California, USA. Marine Ecology Progress Series. Vol. 415: 247-261. Attachment A. Site Photos MS&A | 1 Attachment A. Site Photos The following photos begin at top of property and work their way towards the water, ending with photos of the mooring buoy area. Attachment A. Site Photos MS&A | 2 Upland habitat – driveway coming into property (outside of shoreline Critical Area buffer) End of driveway, beginning of clearing on other side of tree island (photo facing water) Attachment A. Site Photos MS&A | 3 Vine Maple tree on the Massmann/Hietter parcel which was accidently cut down when Cypress trees were removed on the neighboring parcel. Attachment A. Site Photos MS&A | 4 Proposed mitigation planting plan area (plot # 1) at bottom of clearing, near tree-line and within Shoreline Critical Area buffer Attachment A. Site Photos MS&A | 5 1 x Western Red Cedar tree (~12 inch DBH) to be removed (pen pointing at tree) 9 x Douglas Fir saplings (~10-15 ft tall) to be removed (pen pointing at group of trees) Attachment A. Site Photos MS&A | 6 2 x Douglas Fir trees (one ~20’ tall with another smaller sapling interwoven). To be removed (pen pointing at trees) 2 x Douglas Fir tree saplings (one ~8 ft tall and one ~15’ tall) to be removed (pen pointing at trees) Attachment A. Site Photos MS&A | 7 6 x Douglas Fir tree saplings (~5 to 25’ tall) clumped together, to be removed (pen pointing at grove of trees, with some flagging visible) 3 x Douglas Fir saplings (~15 to 25 ft tall) to be removed (pen pointing at trees) Attachment A. Site Photos MS&A | 8 Alder grove (approximately 30 trunks in tight formation) to be removed (pen pointing at group). This area proposed as planting plan plot # 2. Top of trail which leads from clearing through woods down slope to proposed beach access stairs Attachment A. Site Photos MS&A | 9 View of pathway down slope to proposed staircase location, where some minor trimming of vegetation may occur Proposed beach access staircase location Attachment A. Site Photos MS&A | 10 Ordinary High Water Mark below proposed staircase location (marked with bright yellow paint) Attachment A. Site Photos MS&A | 11 OHWM survey along entire shoreline, marked bright yellow paint Attachment A. Site Photos MS&A | 12 Attachment A. Site Photos MS&A | 13 Typical Substrate at site (photo taken during September 16th SCUBA habitat survey) Attachment A. Site Photos MS&A | 14 Eelgrass (Zostera marina) bed (photo taken during September 16th SCUBA habitat survey) Macroalgae observed in habitat survey area of September 16th 2020 SCUBA survey Attachment B. September 16th 2020 Habitat Survey Data Massmann Habitat Report Page | 5 Table 1. Habitat Survey Results Transect BL (Bearing 290 d True North) Distance (Ft) along transect from OHWM Elevation (Corrected to Ft MLLW) Substrate Macroalgae % Cover & SAV presence/density 0 9.8 Bedrock Barren. 24 2.8 Pebble, cobble, sand Ulva 20%; Fucus 20%; Mastocarpus 20%. 56 -1.2 Pebble, cobble, sand Ulva 60%; Gracilaria 40%. 78 -3.2 Pebble, cobble, sand Barren. 116 -7.2 Pebble, cobble, sand Sarcodiotheca 60%. 130 -11.2 Pebble, cobble, sand Ulva 20%; Sarcodiotheca 80%. 140 -14.2 Pebble, cobble, sand Ulva 40%; Sarcodiotheca 40%. Transect MB-9 (Bearing 200 d True North) Distance (Ft) along transect from buoy center Elevation (Corrected to Ft MLLW) Substrate Macroalgae % Cover & SAV presence/density 0 -14.2 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 11 -12.2 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 18 -10.2 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 27 -10.2 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 47 -9.2 Sand, cobble, pebble Ulva 10%. Z. marina bed boundary. 67 -8.2 Sand, cobble, pebble Ulva 10%. Z. marina bed (avg 4.7 shoots per 0.25 m2). 87 -7.2 Sand, cobble, pebble Ulva 10%. Z. marina bed (avg 3.0 shoots per 0.25 m2). 100 -7.2 Sand, cobble, pebble Ulva 10%. Z. marina bed continues beyond transect. Transect MB-12 (Bearing 290 d True North) Distance (Ft) along transect from buoy center Elevation (Corrected to Ft MLLW) Substrate Macroalgae % Cover & SAV presence/density 0 -14.2 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 10 -16.2 Sand, cobble, pebble Ulva 20%; Sarcodiotheca 20%. Massmann Habitat Report Page | 6 16 -18.2 Sand, cobble, pebble Ulva 5%; Sarcodiotheca 20%. 23 -20.2 Sand, cobble, pebble Ulva 5%; Sarcodiotheca 5%. 30 -22.2 Sand, cobble, pebble Ulva 2%; Sarcodiotheca 2%. 43 -24.2 Sand, cobble, pebble Sarcodiotheca 2%. 67 -30.1 Sand, cobble, pebble Sarcodiotheca 2%. 78 -31.1 Sand, cobble, pebble Barren. 90 -34.1 Sand, cobble, pebble Barren. 100 -35.1 Sand, cobble, pebble Barren. 140 -37.1 Sand, cobble, pebble Barren. Transect MB-3 (Bearing 20 d True North) Distance (Ft) along transect from buoy center Elevation (Corrected to Ft MLLW) Substrate Macroalgae % Cover & SAV presence/density 0 -14.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 8 -14.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 20 -14.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 30 -15.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 40 -15.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. Saccharina 2 blades (6% cover); 50 -16.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 60 -16.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 70 -16.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 80 -17.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 100 -17.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. Transect MB-6 (Bearing 110 d True North) Distance (Ft) along transect from buoy center Elevation (Corrected to Ft MLLW) Substrate Macroalgae % Cover & SAV presence/density 0 -14.1 Sand, cobble, pebble Ulva 40%; Sarcodiotheca 40%. 10 -11.1 Sand, cobble, pebble Ulva 20%; Sarcodiotheca 80%. 20 -9.1 Sand, cobble, pebble Sarcodiotheca 60%. 30 -6.1 Sand, cobble, pebble Ulva 20%; Sarcodiotheca 10%. Z. marina bed boundary. 39 -5 Sand, cobble, pebble Ulva 20%. Z. marina bed (avg 3.3 shoots per 0.25 m2). 40 -5 Sand, cobble, pebble Z. marina bed. 50 -4 Sand, cobble, pebble Ulva 20%. Z. marina bed. Massmann Habitat Report Page | 7 59 -3 Sand, cobble, pebble Ulva 20%. Z. marina bed (avg 4.7 shoots per 0.25 m2). 63 -3 Sand, cobble, pebble Ulva 50%; Gracilaria 50%. Z. marina bed boundary. 74 -2 Sand, cobble, pebble Ulva 40%; Gracilaria 40%. 86 -1 Cobble Ulva 40%; Gracilaria 40%. 90 0 Cobble Ulva 80%. 105 1 Cobble Ulva 10%. Attachment C. Native Plant Sources for the Pacific NW Native Plant Sources for the Pacific Northwest This list contains those nurseries known to Permitting staff that grow plants native to the Puget lowlands of Western Washington in quantities suitable for most mitigation sites. It was extracted from a longer list compiled by the Water and Land Resources Division (WLRD) of King County for your convenience, drawing in part on the Hortus West native plant directory and journal: Hortus West, P.O. Box 2870, Wilsonville, OR 97070. 800-704-7927. Fax: 503-570-0855. E-mail: editor@hortuswest.com. It is not an endorsement of these businesses. The full list is available from WLRD at 206-296-6519. Nurseries that specialize in seeds are marked (SEEDS). Abundant Life Seed Foundation (SEEDS) Davenport Seed Corporation (SEEDS) P.O. Box 772 P.O. Box 187 Port Townsend, WA 98368 Davenport, WA 99122-0187 360-385-5660 800-828-8873 Barford's Hardy Ferns Emmery's Gardens 23622 Bothell Way 2829 - 164th Avenue SW Bothell, WA 98248 Lynnwood, WA 98037 Phone: 425-438-0205 Phone: 425-743-4555 Fax: 206-483-0205 Fax: 425-743-0609 Botanica Firetrail Nursery P.O. Box 19544 3107 - 140th Street NW Seattle, WA 98109 Marysville, WA 98271 206-634-1370 360-652-9021 Clark's Native Trees and Shrubs Frosty Hollow Ecological Restoration (SEED) 1215 - 126th Avenue SE P.O. Box 53 Everett, WA 98208 Langley, WA 98260 206-337-3976 360-579-2332 Cold Creek Nursery Heathwood Cottage Nursery 18602 NE 165th Street 18540 - 26th Avenue NE Woodinville, WA 98072 Lake Forest Park, WA 98072 425-788-0201 206-363-3189 Colvos Creek Farm IFA Nurseries, Inc. P.O. Box 1512 463 Eadon Road Vashon, WA 98070 Toledo, WA 98591 206-441-1509 425-864-2803 Inside Passage (SEEDS) Sound Native Plants P.O. Box 639 P.O. Box 10155 Port Townsend, WA 98368 Olympia, WA 98502 206-781-3575 Phone: 360-352-4122 Fax: 360-943-7026 Sourced from the King County Critical Areas Restoration and Enhancement document, Appendix A 2020 J & J Landscape Co. Storm Lake Growers 19538 - 75th NE 21809 - 89th SE Bothell, WA 98011 Snohomish, WA 98290 360-794-4842 Judd Creek Wetland and Native Plant Nursery Sweet Briar 20929 - 111th Avenue SE P.O. Box 25 Vashon, WA 98070 Woodinville, WA 98072 206-463-2812 425-821-2222 MSK Nursery Thorsett Landscaping Nursery 20066 - 15th Avenue NW 13503 Southeast 226th Place Seattle, WA 98177 Kent, WA 98042 206-546-1281 253-361-5838 Northfork Nursery Wabash Farms Native Plants 15751 Polson Road Ornamental and Reclamation Mt. Vernon, WA 98273-7142 19390 SE 400th 360-445-4741 Enumclaw, WA 98022 Phone: 360-825-7051 Fax: 360-825-1949 Pacific Natives & Ornamentals Weyerhauser-Western Revegetation Greenhouse P.O. Box 23 33405 - 8th Avenue South Bothell, WA 98041 Federal Way, WA 98003 Phone: 425-483-8108 800-732-4769 Fax: 425-487-6198 Revegetate & Resource Plants Woodbrook Native Plant Nursery 17836 Cedar Grove Road 5919 78th Ave NW Maple Valley, WA 98038 Gig Harbor, WA 98335 425-432-9018 253-857-6808, woodbrk@harbornet.com Sourced from the King County Critical Areas Restoration and Enhancement document, Appendix A 2020