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Home My WebLink AboutSDP2013-00051 - COMMENTS Donna Frostholm From: Mendoza, Sonia (ECY) <Smen461 @ECY.WA.GOV> Sent: Wednesday, December 17, 2014 9:35 AM To: Donna Frostholm Cc: Cornett, Deborah (ECY); Smith, Joyce M. (ECY) Subject: ECY SEPA 14-6201 - Spit Restoration-East Quilcene project - Comments Attachments: 14-6201.pdf Importance: High Ms. Frostholm, Attached are Ecology's comments for the Spit Restoration-East Quilcene project (Ecology SEPA No. 14-6201). This is the original final copy. Comments are due today 12/17/14. Please reply to this message for confirmation. Cabana G44cna'a a Department of Ecology-SWRO SEPA Coordinator P:360-407-6313 I F:360-407-6305 sonia.mendoza@ecy.wa.gov Please consider the environment before printing this e-mail 1 STATE • 9�:esd STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia, Washington 98504-7775 •(360)407-6300 711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341 December 17,2014 Donna Frostholm,Project Planner Your address Jefferson County r. n is in the Community Development Department " 'L .�;r"�� ' g 621 Sheridan Street Port Townsend, WA 98368 4 watershed Dear Ms. Frostholm: Thank you for the opportunity to comment on the optional determination of nonsignificance/notice of application for the Spit Restoration-East Quilcene Bay Project MLA13-00165 located at west of 101 Wampum Point Road in Quilcene as proposed b ( ) p Q p p by Kathleen and Reimer Douglas. The Department of Ecology(Ecology) reviewed the environmental checklist and has the following comment(s): REVIEWER: Sonia Mendoza WATER QUALITY CONTACT: Deborah Cornett(360)407-7269 The following construction activities require coverage under the Construction Stormwater General Permit: 1. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. a) This includes forest practices(including, but not limited to, class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State; and 3. Any size construction activity discharging stormwater to waters of the State that Ecology: a) Determines to be a significant contributor of pollutants to waters of the State of Washington. b) Reasonably expects to cause a violation of any water quality standard. December 17, 2014 Page 2 If there are known soil/ground water contaminants present on-site, additional information (including,but not limited to: temporary erosion and sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s); and additional studies/reports regarding contaminant(s))will be required to be submitted. You may apply online or obtain an application from Ecology's website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/-Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. Ecology's comments are based upon information provided by the lead agency. As such,they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments, please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (SM:14-6201) cc: Deborah Cornett, WQ Joyce Smith, HQ/WQ Kathleen&Reimer Douglas(Applicant) ill Donna Frostholm From: Randy Johnson <rjohnson @jamestowntribe.org> Sent: Tuesday, December 09, 2014 10:52 PM To: Donna Frostholm Cc: ljenkins@jamestowntribe.org; Gideon Cauffman; hhals @jamestowntribe.org Subject: Douglas MLA13-00165 - Notice of Application with SEPA Attachments: Douglas, Kathleen and Reimer;JCDCD letter 12-09-2014 w attach.pdf Hi Donna The Tribe's comment letter is attached. Thanks, Randy Randy Johnson Habitat Program Manager Jamestown S'Klallam Tribe 1033 Old Blyn Highway,Sequim,WA 98382 (360)681-4631 it 1 lir0J J JAMESTOWN S'KLALLAM TRIBE 1033 Old Blyn Highway,Sequim,WA 98332 3601683-1109 FAX 36C/681-4643 December 9, 2014 Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 ATTN: Ms. Donna Frostholm :DFrostholm(a co jefferson.wa.us RE: Douglas, Kathleen and Reimer; MLA13-00165 dated 12/03/2014, Channelize an Unnamed Tributary to Quilcene Bay, Located Near Wampum Point Road, Quilcene, WA. Dear Ms. Frostholm On 10/06/2014 the Jamestown S'Klallam Tribe provided you with a copy of our project comment letter written to the Corps and dated 9/10/2014.The letter,attached here for your convenience,addresses the above-referenced project,to which we object. Additionally,the Tribe (myself and Hansi Hals,Environmental Planning Manager) met with the applicant,the applicant's consultant,and the Corps of Engineers (Kristina Tong) on the site on 10/17/2014. The Tribe's concerns were not mollified. To quote the Corps letter, "The project plans are entitled,"Stream Restoration".Please recognize that far from being a stream restoration project,the project would actually return the stream to an earlier, extremely dysfunctional condition.The practice of channelizing streams directly into the marine environment to derail the normal spit and estuary formation process is occasionally proposed by landowners who generally envision that this will either provide protection from potential bank erosion or provide some other property benefit.The horrendous manipulation of Connor Creek in Grays Harbor County in earlier decades is a classic example of this practice and should not be repeated,albeit on a far small scale,here." We recommend that the project be denied due to environmental impacts. Regarding cultural resources,we request that a survey to identify cultural resources be conducted pursuant to the Revised Code of Washington (RCW) 27.53.This could entail completing a pedestrian survey and presence/absence subsurface testing of the area of MLA13-00165 December 9,2014 Page 1 of 2 potential effect by or overseen by an archaeologist who meets the qualifications to conduct archaeological fieldwork outlined in Section 4,chapter 25-48-020 of the Washington Administrative Code (WAC). Thank you for the opportunity to submit these comments. Sincerely, Randy Johnson, Habitat Program Manager MLA13-00165 December 9,2014 Page 2 of 2 ir,„,,.., ,, JAMESTOWN S'KLALLAM TRIBE 1033 Old Blyn Highway,Sequim,WA 98382 360;683-1109 I-AX 360/681-4843 September 10,2014 US Army Corps of Engineers Regulatory Branch Post Office Box 3755 Seattle,WA 98124-3755 ATTN: Ms. Kristina Tong, Project Manager, kristina.g.tong @usace.army.mil RE:Joint Public Notice, Douglas, Kathleen and Reimer; NWS-2014-46 dated 8/28/14, Channelize an Unnamed Tributary to Quilcene Bay, Located Near Wampum Point Road,Quilcene. Dear Ms.Tong Quilcene Bay provides critical habitat for major populations of ESA-listed Hood Canal Summer chum salmon originating in the Big and Little Quilcene Rivers and likely from other Hood Canal streams as well. Juvenile chum salmon are highly dependent upon healthy, naturally functioning nearshore habitat for safe foraging and migration. The above-referenced project proposes to divert an unnamed tributary of Quilcene Bay into a former location in the nearshore environment. This would be accomplished by excavating a new 4-foot wide, 80-foot long channel across the beach and placing the spoils as a berm to contain the stream and prevent it from migrating elsewhere. Gravel removal in two subsequent years is also proposed, if needed to stabilize this channel configuration. The stated purpose of the project is, "To restore the natural sediment transport path of the stream and restore the contours of the Spit." The site was previously occupied by an industrial log dump(Figure 1). For decades the log dump and its associated maintenance activities severely disrupted nearshore habitat and habitat-forming processes, including blocking the longshore drift of beach sediment moving from south to north. In the 1990's the log dump was decommissioned,the jetty removed, and the site prepared for residential development. Upon removal of the jetty, longshore drifting sediment resumed its northwards movement through the log dump area and began creating productive nearshore habitat along the shoreline previously occupied by the log dump. By 2006 a spit had formed across the 1977 mouth of the unnamed tributary stream, causing the stream to turn north and flow landward of the spit and then around the tip of the spit and into the bay. This is a common phenomenon, with many natural analogs including Indian George Creek NWS—2014-46 September 10,2014 Page 1 of 3 across the bay, Camp Discovery Creek in Dabob Bay, and the Dungeness River at its mouth in Dungeness Bay. Habitats created in this manner can be extremely productive for salmon and other fish. i N. as'h'2 . 1 `�saY 'k ",tA q 1 � ,4 ., `, . Ka ,�: y. ,. ' 4 k t oNor, rte, i i ° . .ems a _. .�Y, ` Yt .- ' A fie — r ,yr l d' T ' f..jes'ammemeini.,_, . 4 —..� :�'' f, ‘---,--. y Pro'ect Sits =``-t , .- t .i �. / zit ,�.. ,,, j;- ;r t`.. /1 f ?� f °P' th.'rfr 'err FI e�f ry `}• i { * fit 7 7i4yja C '... t• r ,.• G '- n 4 y E y BFigures 1&2:1977 and 2001 Conditions at the project site � f f yy5 ' 5-'2-110 308 g 5 1 " ' ti t i ra . '1 sT '1' •Nir:`z., w 4;• Longshore Drift Remnant of project Site Former Log Dump Jetty 2001 NWS—2014-46 September 10,2014 Page 2 of 3 k 3�m #°� ti , i°� ,, , ', "ie { Tom' 'r - , . ' ' A*"., ty,, }'Zvt� ^-A L er.,,. 4„. . ,,,. . , , R v 'pR. n a _. . 4. dv la '1 ', . t' 1°-,, Po mnanx p \ Project Site .4 ,- .`r x 2006 Figure 3:2006 Conditions at the project :IV By 2006,the spit had advanced virtually to the remnant of the former log dump jetty(an elevated platform of compacted sediment). The stream was pinched as it ran between the jetty remnant and the advancing spit. The 2009 photo(Appendix)shows the spit and creek extending north across the jetty remnant and beginning to create a small pocket estuary. In 2013 the spit and creek mouth had migrated farther north and have remained in approximately that same location as of June 2014. The evolution of productive nearshore habitat—including the pocket estuary-occurring in the past decade at the old log dump can only be viewed as extremely beneficial to summer chum salmon. The proposed project would seriously interfere with the ongoing habitat-forming processes and would be detrimental to summer chum. Thus, we must recommend that the project be denied. The project plans are entitled, "Stream Restoration". Please recognize that far from being a stream restoration project,the project would actually return the stream to an earlier,extremely dysfunctional condition. The practice of channelizing streams directly into the marine environment to derail the normal spit and estuary formation process is occasionally proposed by landowners who generally envision that this will either provide protection from potential bank erosion or provide some other property benefit. The horrendous manipulation of Connor Creek in Pacific County in earlier decades is a classic example of this practice and should not be repeated, albeit on a much small scale, here. Thank you for the opportunity to review and comment. Sincerely, Randy Johnson, Habitat Program Manager i„.fr NWS—2014-46 September 10,2014 Page 3 of 3 Donna Frostholm From: Randy Johnson <rjohnson @jamestowntribe.org> Sent: Monday, October 06, 2014 1:19 PM To: Barbara Wyman - NOAA Affiliate; DLL-NWS-OD-RG-SPT; Kristina.g.tong @usace.army.mil; Paul McCollum;john.graves@fema.dhs.gov; Donna Frostholm; Matthew Longenbaugh - NOAA Federal; Randy McIntosh - NOAA Federal; Thomas Sibley - NOAA Federal Cc: hhals @jamestowntribe.org Subject: RE:WCR-2014-1369 Douglas Stream Channel Alignment (NWS-2014-46) Attachments: Douglas, Kathleen and Reimer; NWS-2014-46 w photos.pdf Greetings NOAA, Corps, FEMA,Jefferson County, and PGST The Jamestown S'Klallam Tribe has objected to this project. Please see attached letter dated 9/10/14. Thank you, Randy Randy Johnson Habitat Program Manager Jamestown S'Klallam Tribe 1033 Old Blyn Highway,Sequim,WA 98382 (360)681-4631 From: Barbara Wyman - NOAA Affiliate [mailto:barbara.wyman @noaa.gov] Sent: Monday, October 06, 2014 10:38 AM To: DLL-NWS-OD-RG-SPT; Kristina.g.tong @ usace.army.mil; Paul McCollum; Randy Johnson; john.graves @fema.dhs.gov; dfrostholm @co.jefferson.wa.us; Matthew Longenbaugh - NOAA Federal; Randy McIntosh - NOAA Federal; Thomas Sibley - NOAA Federal Subject: WCR-2014-1369 Douglas Stream Channel Alignment (NWS-2014-46) Greetings! Please see the attached PDF for your records. Thank you, Barb Barbara Wyman Admin Assistant 360.753.9597 1 114 IA M ES TO WN S'KLALLAM TRIBE 1033 Old Blyn Highway,Sequim,WA 98382 3601683-1109 FAX 360/681-4643 September 10,2014 US Army Corps of Engineers Regulatory Branch Post Office Box 3755 Seattle,WA 98124-3755 ATTN: Ms. Kristina Tong, Project Manager,kristinag.tong@usace.army.mil RE:Joint Public Notice, Douglas, Kathleen and Reimer; NWS-2014-46 dated 8/28/14, Channelize an Unnamed Tributary to Quilcene Bay, Located Near Wampum Point Road,Quilcene. Dear Ms.Tong Quilcene Bay provides critical habitat for major populations of ESA-listed Hood Canal Summer chum salmon originating in the Big and Little Quilcene Rivers and likely from other Hood Canal streams as well. Juvenile chum salmon are highly dependent upon healthy, naturally functioning nearshore habitat for safe foraging and migration. The above-referenced project proposes to divert an unnamed tributary of Quilcene Bay into a former location in the nearshore environment. This would be accomplished by excavating a new 4-foot wide, 80-foot long channel across the beach and placing the spoils as a berm to contain the stream and prevent it from migrating elsewhere. Gravel removal in two subsequent years is also proposed, if needed to stabilize this channel configuration. The stated purpose of the project is, "To restore the natural sediment transport path of the stream and restore the contours of the Spit." The site was previously occupied by an industrial log dump(Figure 1). For decades the log dump and its associated maintenance activities severely disrupted nearshore habitat and habitat-forming processes, including blocking the longshore drift of beach sediment moving from south to north. In the 1990's the log dump was decommissioned,the jetty removed, and the site prepared for residential development. Upon removal of the jetty, longshore drifting sediment resumed its northwards movement through the log dump area and began creating productive nearshore habitat along the shoreline previously occupied by the log dump. By 2006 a spit had formed across the 1977 mouth of the unnamed tributary stream, causing the stream to turn north and flow landward of the spit and then around the tip of the spit and into the bay. This is a common phenomenon, with many natural analogs including Indian George Creek NWS—2014-46 September 10,2014 Page 1 of 3 across the bay, Camp Discovery Creek in Dabob Bay, and the Dungeness River at its mouth in Dungeness Bay. Habitats created in this manner can be extremely productive for salmon and other fish. ki43" . „..,.- ... ?, +�`�'"� 'S'*3 `'�v* il ki' s',.tt 4' t,T' \-,,. { \.fit i" ' C ' S ew A' biz AyR F+^ , , , �. 14fiw, ... �h ...iellor N t� 9 i21 ,.art �1. '� r r....�.+R + + t-844). l b ii, ig .' t; e te' -.....:. ;' , 5 ,1. '• n - i � % + l.1y. �_ •. �•.� . '+TSB^^",,,,,. .1‘. 4.....4‘ :. -4..... _ _ ..... .---onc3s ,,:::::?' 1::..„,‘,„;.;:,,,,,,,,,''''''''' . '. _, Project Site `� _ ... �, r 1977 Figures 1&2:1977 and 2001 Conditions at the project site Y t , A i t Y d[ t e3�• Y=fi y _•.� � � 'oi"�S' 4+ i - ` } ty. t 4 4 q k.. A'� 7 �j1: y fib a`T <•' t ;t 1 ;r i, ....,4*.'"3: ' 1 � Longshore Drift, ,,,-.. ,.,* i ,.., „ .......„ --.7.--.!--..,,,, -- �.. Remnant of Project Site Former Log Dump Jetty 2001 NWS—2014-46 September 10,2014 Page 2 of 3 7-,:t....- � ..,. "s: :. mssi+z 1C"i s <r a.s t }. 4,i , ; •- E. 1 „ .. t Lam . .y � 9-;„,,.. _- Apt y a + .,, ,..., .<-; x n 1,11* is C r. = is Re, Rornent `� Project Site finer o f N. jell; F l 2006 Figure 3:2006 Conditions at the project e ate By 2006,the spit had advanced virtually to the remnant of the former log dump jetty(an elevated platform of compacted sediment). The stream was pinched as it ran between the jetty remnant and the advancing spit. The 2009 photo(Appendix)shows the spit and creek extending north across the jetty remnant and beginning to create a small pocket estuary. In 2013 the spit and creek mouth had migrated farther north and have remained in approximately that same location as of June 2014. The evolution of productive nearshore habitat—including the pocket estuary-occurring in the past decade at the old log dump can only be viewed as extremely beneficial to summer chum salmon. The proposed project would seriously interfere with the ongoing habitat-forming processes and would be detrimental to summer chum. Thus,we must recommend that the project be denied. The project plans are entitled, "Stream Restoration". Please recognize that far from being a stream restoration project,the project would actually return the stream to an earlier,extremely dysfunctional condition. The practice of channelizing streams directly into the marine environment to derail the normal spit and estuary formation process is occasionally proposed by landowners who generally envision that this will either provide protection from potential bank erosion or provide some other property benefit. The horrendous manipulation of Connor Creek in Pacific County in earlier decades is a classic example of this practice and should not be repeated, albeit on a much small scale, here. Thank you for the opportunity to review and comment. Sincerely, Randy Johnson, Habitat Program Manager NWS—2014-46 September 10,2014 Page 3 of 3 Appendix : Orthophotos , „ .4,4..**47'.., "--- ,44,4‘44111:-r-;;L:11*1°,* ' 41 4. 965 si : y ' ..� f , ,,, d"1 �., ^r ct y tfr‘lif M r 1`8 �» �, ■4( 4 ellivr..„'''.,.*if/ e:/l'I'VZ ' I" ' sli ea ) ,4" V ✓ �� . $ �t .. b arid « k j A�? 4 a r ,�+ � � reek '� °' 1965 C M x 1 t N7', a i ` + ' .R m !!ss ' .it 4 a„ i,\ \ ---1' . ..„ ..e...y .*4.i,..„ a 4. „1„, . 1-.0...„0.a. .., a a ,:a., , . ,,,,..t.....„ . , m a„... . a , -a ...1... . . .,,, ,. .. , 4e, , 5... 1' j. trio „IC k 290 145 0 290 Feet NM M f � t 3F � fr 2006 M ` .. a Ito x . a `u , r v ; i 1>-0 k�,�* by ! r v: F a .ViM _, , i y .,cit- . x �. a q, ia' •• , 4 x 4 r !k,:,,,,k;Ltri .':•:...ait ,yr,,-,,,-r-,-,,if,- v,,'::,, .,,,,,- , - , „. \ 4ti,,,, 7 , .x $ "•- } is .} _ Y w tr a gnu" , a *4 Ix,- 4 JO--' 290 145 0 290 Feet 2009 litt } 4 . . ,.:-. _., .. ,, }_ ::,...;,, ,.. ..... , ..i,. . , ..._:,,,,' .,.. '''. 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It w .-k t , M F fy t a w j 0 Projec 4. „w. .11., ..2ttil xs, ,, -., ,iii,..a ' , ,, , , x t 90`' 145 0 290 Feet :a ■ MI ■ • : 11 a 1141144114 1965 1 -- ,!..4,,,,,,,...i. . .y...;...i./ ,,A.; ii , .----"*.: Iktr 4- °' ' - . ' r 0/4 . A. ro- -. 4 4th • r . , , ,,,,...,. w ,gip . y ' ,.. toil 1. ,. , . . lor ,. t,,.„ ., :. i g i..,„ 9.,......„, ... , f f.r..----' i ' ''''' 44 : 4 ''' *!1* .)1 '''Ik'I'll ,, * 1 Wei 4 '`V ,......, , _ . .... .,„,, , ,bh. ail_ it. ,..... ......, . .. . ,.. ,.. . . ...., ow, , r,F 4 r .. 7"*".- 4 > 4: a lip - N Lek f a H `` • . .r � � re i � K d,� s * � ♦� kLL R. y f }' i i 410 r r. 4 t yr� .***K it -..' ' , ,t4 ,Yf 290 145 0 290 Feet ��_r. ME is .e ] t '� `. , 1965 - , *. „ '4 r i r r sat « � y riYyt: r r_ SM i J - „ . _ .,,,, , . 1,„„zi,.%:..,,,,,:it:, .fr,..e„-'4101e 1*..-,4?-,,;(41.*.- 4 41 ....*:,,F.TL#—Aar: le,,,i 414 4. 44 4 4 r '*); •-"1/- .',,I —*!� e Vim *d 11, , d w`y , f ys. #} 1 .' r 10 t „440041,2174. , �tis, ,, '` fix. r �: +, 1 w y N)).. : '!° 1*; iimilL', , ', , ', ' ' . { to ,.w w i ' — f4f. sqr • . ---'• •7 14., : Ot, , --.. r. .. tit ' , . ' - ":`:Ct- ' '.4, ir-.:.;: ' i ''y: +. � �� e e it• 4,,i. f •A.,' 474, � ., r .;i ..4.K. „ie.._+31,x, t : " y . m( .40011w...,:: , o , ,,y" , : ,t;, 290 145 0 290 Feet "` NM MN yy Donna Frostholm From: Barbara Wyman - NOAA Affiliate <barbara.wyman @noaa.gov> Sent: Monday, October 06, 2014 10:38 AM To: DLL-NWS-OD-RG-SPT; Kristina.g.tong @usace.army.mil; Paul McCollum; rjohnson @jamestowntribe.org;john.graves @fema.dhs.gov; Donna Frostholm; Matthew Longenbaugh - NOAA Federal; Randy McIntosh - NOAA Federal; Thomas Sibley- NOAA Federal Subject: WCR-2014-1369 Douglas Stream Channel Alignment (NWS-2014-46) Attachments: 2014_10-3_Final_Douglas_Stream_WCR-2014-1369.pdf Greetings! Please see the attached PDF for your records. Thank you, Barb Barbara Wyman Admin Assistant 360.753.9597 i 011'Uri 4` 4` UNITED STATES DEPARTMENT OF COMMERCE ' � National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE '_ West Coast Region 'l'A'+'ea 7600 Sand Point Way N.E., Bldg. 1 Seattle, Washington 98115 Refer to NMFS No: WCR 2014-1369 Michelle Walker Chief,Regulatory Branch Department of the Army Seattle District, Corps of Engineers P.O. Box 3755 Seattle,WA 98124-3755 Re: Endangered Species Act Section 7(a)(2) Concurrence Letter for the Douglas Stream Alignment Project,Puget Sound,6th Field HUC 171100180800(Hood Canal), Jefferson County, Washington, Corps#NWS-2014-46 Dear Ms. Walker: On August 25,2014 NOAA's National Marine Fisheries Service(NMFS)received your request for a written concurrence that the Douglas Stream Alignment Project is not likely to adversely affect(NLAA)species listed as threatened or endangered or critical habitats designated under the Endangered Species Act(ESA). This response to your request was prepared by NMFS pursuant to section 7(a)(2)of the ESA,implementing regulations at 50 CFR 402, and agency guidance for preparation of letters of concurrence. NMFS also reviewed the proposed action for potential effects on essential fish habitat(EFH) designated under the Magnuson-Stevens Fishery Conservation and Management Act(MSA), including conservation measures and any determination you made regarding the potential effects of the action. This review was pursuant to section 305(b)of the MSA,implementing regulations at 50 CFR 600.920,and agency guidance for use of the ESA consultation process to complete EFH consultation. After careful review of all information,NMFS concluded the action would not adversely affect EFH. Thus,consultation under the MSA is not required for this action. This letter underwent pre-dissemination review using standards for utility,integrity, and objectivity in compliance with applicable guidelines issued under the Data Quality Act(section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001,Public Law 106-554). A complete record of this consultation is on file at Lacey, Washington 1444,91T Of Or Proposed Action and Action Area The Corps of Engineers(COE)proposes to permit,under authority of the Clean Water Act, Section 404 and Rivers and Harbors Act, Section 10,Kathleen and Reimer Douglas (Douglas)to return a stream channel in the intertidal area to an earlier configuration. The channel near their residence was excavated and realigned in 2008 under an emergency state hydraulic permit to alleviate localized flooding. But, follow-up by state agents discovered that much of the work was not authorized,i.e.,excavated material was placed in a berm which redirected flow 130 feet away from the existing channel parallel to a bulkhead on an adjacent property. The results of channel work outside the state permit are issues related to shellfish beds,public access to tidelands and ongoing changes to the spit. The proposed project will restore pre-2008 stream contours and will occur entirely on Jefferson County tideland property. Approximately 11 cubic yards of material will be excavated,which will create a channel about 4 feet wide by 1'/z feet deep. The excavated material will be used to create a one to two feet tall berm along the length of the new channel. Additional material will be scalped from the existing berm as needed to complete the new berm. Scalping material from the existing berm is also expected to decrease the height of the berm and allow tidal interchange the spit area to eventually and naturally revert to intertidal habitat. Work will be accomplished between July 16 and February 15. This timing coincides with that when juvenile Hood Canal(HC) summer-run chum salmon,Puget Sound(PS) Chinook salmon and PS steelhead are least likely to be present in the action area. The existing and proposed stream channels are located at Wampum Point within the East Bay Residential Community in Jefferson County, WA. The action area for this project is considered to be that area within and adjacent to the footprint of the existing and new stream channel and waterward from MHHW and up-and down-drift approximately 100 feet to account for potential turbidity effects. Action Agency's Effects Determination Primarily due to project location and timing,the COE has proposed that effects of this action are NLAA HC summer-run chum salmon, PS Chinook salmon,PS steelhead,PS/Georgia Basin (GB)bocaccio,canary and yelloweye rockfish,and their designated critical habitat(CH). Species Listing Status Critical Habitat Protective Regulations chum salmon(Oncorhynchus T 6/28/05;70 FR 37160 9/02/05;70 FR 52630 6/28/05;70 FR 37160 keta) Hood Canal summer-run Chinook salmon(0. T 6/28/05;70 FR 37160 9/02/05;70 FR 52630 6/28/05;70 FR 37160 tshawytscha) Puget Sound steelhead(0.mykiss) T 5/11/07; 72FR26722 Not applicable 9/25/08;73 FR 55451 Puget Sound bocaccio(Sebastespaucispinis) E 4/28/2010;75 FR Not applicable 4/28/10;75 FR 22276 Puget Sound/Georgia Basin DPS 22276 canary rockfish(S.pinniger) T 4/28/2010;75 FR Not applicable Not applicable Puget Sound/Georgia Basin DPS 22276 yelloweye rockfish(S. T 4/28/2010;75 FR Not applicable Not applicable ruberrimus) 22276 Puget Sound/Georgia Basin DPS Table 1. ESA-listed species and their CHs consulted on for this action. Designated salmon critical habitat in Puget Sound is waterward of the extreme high tide line. That tidal elevation varies by location and is typically about 1.3 to 2.7 feet above mean higher high water(MHHW). At the project site under this review,we have determined the extreme high tide(i.e.,the highest predicted tide in the 18.6 year tidal cycle)to be approximately 13.3 feet,which is 1.9 feet above MHHW. Accordingly,NMFS has assessed effects on salmon critical habitat separately from the COE's choice of MHHW for Clean Water Act permitting. Consultation History The NMFS received a letter requesting consultation,a Memorandum for the Services(MFS)and a Biological Evaluation from the COE on August 25,2014. Consultation for this project was initiated on that date. ENDANGERED SPECIES ACT Effects of the Action Under the ESA,"effects of the action"means the direct and indirect effects of an action on the listed species or critical habitat,together with the effects of other activities that are interrelated or interdependent with that action(50 CFR 402.02). The applicable standard to find that a proposed action is not likely to adversely affect listed species or critical habitat is that all of the effects of the action are expected to be discountable, insignificant, or completely beneficial. Beneficial effects are contemporaneous positive effects without any adverse effects to the species or critical habitat. Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Discountable effects are those extremely unlikely to occur. Effects of the proposed action are reasonably likely to include general project-related effects such as noise, increased turbidity and disturbance. Disturbance to substrate caused by excavation of the new channel,placement of the berm and scalping the existing berm may cause temporary displacement of benthic organisms and temporary turbidity,though benthic communities are known to reestablish quickly and coarse sediments will settle rapidly in the shallow waters of the bay. Work will be done during the time when listed species are least likely to be exposed and potential effects on listed species are considered discountable. There are no interrelated or interdependent activities associated with this action. Salmon species While the small stream in the action area has no known or likely anadromous fish use,the small spit and intertidal area formed around the stream channel are part of the nearshore rearing habitat for listed juvenile salmon throughout Quilcene Bay. HC summer-run chum salmon are known to spawn in both the Quilcene and Little Quilcene Rivers across the bay from the action area, and juveniles use the nearshore in the bay as they rear and emigrate from their natal streams. Juvenile HC summer-run chum salmon typically exit freshwater in the early spring months and have moved out of Quilcene Bay by early summer. Conducting work within the prescribed timing window will ensure potential effects on rearing juvenile chum salmon are discountable and NLAA. The proposed action is designed to benefit functions of salmon rearing habitat and we expect insignificant effects during construction. PS steelhead are known to migrate through Quilcene Bay as adults return to the Quilcene River system and juveniles emigrate on their way to the ocean(WDFW,2014). These fish return as adults in the winter with juveniles moving through the area in the early summer. Juvenile steelhead do not typically use nearshore habitats as they make their way to the Pacific Ocean. Because it is highly unlikely there will be exposure to project activities,i.e.,discountable effects, NMFS concurs with the COE determination that the proposed project is NLAA PS steelhead. While the Chinook salmon that spawn in the Quilcene River are specifically excluded from the ESU,juvenile Chinook in general use the nearshore habitat of Quilcene Bay as they rear and emigrate through the area in the spring and early summer. While it is possible some young Chinook salmon maybe exposed to effects of the action,all activities will occur after most juvenile Chinook have moved out of the bay,and potential effects are considered to be discountable. NMFS concurs with the COE determination that the project is NLAA PS Chinook salmon. The final rule designating critical habitat(CH) for PS Chinook and FTC summer-run chum salmon was published on September 2,2005 (70 FR 52630)and became effective on January 2, 2006. Quilcene Bay is designated CH for these species and the primary constituent element (PCE)important to the species includes: Estuarine areas free of obstruction and excessive predation with: Water quality,water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh- and saltwater;Natural cover such as submerged and overhanging large wood,aquatic vegetation, large rocks and boulders and side channels. Estuarine habitat condition and function is expected to be improved over existing following project actions. Forage fish are not known to spawn in the action area,and WDFW does not map the spit as potential spawning habitat for this species. Working within the allowable in-water work window of July 16 through Februaryl 5 will insure construction activities do not affect potential forage fish spawning. According to the Washington State Coastal Atlas,there is continuous eelgrass in Quilcene Bay, though not within the work area inside the spit, and there will be no impact to eelgrass. Because PCEs of CH will be maintained or improved,NMFS concurs with the COE determination that the project is NLAA PS Chinook and HC summer-run chum salmon CH. Rockfish species While areas in Hood Canal near Quilcene Bay support populations of rockfish,the bay in the action area is very shallow and without complex habitat preferred by settling juvenile or adult rockfish. Juvenile rockfish that might drift into the bay would be expected to settle on complex habitat features occurring in deeper water than the shallow intertidal project action area. Because it is highly unlikely that individual rockfish will be affected by project activities,NMFS concurs with the COE determination that effects of the proposed action are discountable and therefore NLAA listed PS/GB rockfish. Conclusion Based on this analysis,NMFS concurs with the COE that the proposed action is not likely to adversely affect the subject listed species or their designated CH. Reinitiation of Consultation Reinitiation of consultation is required and shall be requested by the COE or by NMFS,where discretionary Federal involvement or control over the action has been retained or is authorized by law and(1)new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered;(2)the identified action is subsequently modified in a manner that causes an effect on the listed species or critical habitat that was not considered in this concurrence letter; or if(3)a new species is listed or critical habitat designated that may be affected by the identified action(50 CFR 402.16). This concludes the ESA portion of this consultation. Section 7(a)(1)of the ESA directs Federal agencies to utilize their authorities to further the purposes of the ESA by carrying out conservation programs for the benefit of threatened and endangered species. The COE also has the same responsibilities, and informal consultation offers action agencies an opportunity to address their conservation responsibilities under section 7(a)(1). Because the site is inherently dynamic,NMFS recommends that Douglas, other Wampum Point property owners and Jefferson County meet and prepare a long-range maintenance plan for the spit which considers natural flow characteristics of the stream,intertidal habitat,marine resources and access to tidelands that offers the least disturbance to natural processes, function and species. We are aware that staff at Jefferson County have considered this site for potential effects of county permits that show compliance with the National Flood Insurance. We believe this consultation provides a record of no-adverse effects on ESA-listed species, and no further ESA review is necessary for this proposed action. Please direct questions regarding this letter to Randy McIntosh in Lacey, WA at 360-534-9309, randy.mcintosh@noaa.gov. Sincerely, ii/C- 16 1 William W. Stelle,Jr. Regional Administrator cc: Kristina Tong,COE Paul McCollum,Port Gamble S'Klallam Tribe Randy Johnson,Jamestown S'Klallam Tribe John Graves,FEMA Donna Frostholm,Jefferson County Bc: OWC—PDF(Read File) OWC/CPS—PDF(McIntosh) OWC/CPS—PDF(Longenbaugh) OWC/Lacey—File Copy PDF Copies sent to the following: Michelle Walkers copy to: DLL-NWS-0D-RG-SPT@usace.army.mil Kristina Tong, COE kristinag.tong @usace.army.mil Paul McCollum,Port Gamble S'Klallam Tribe paulm@pgst.nsn.us Randy Johnson,Jamestown S'Klallam Tribe rjohnson@jamestowntribe.org John Graves Fema i ohn.gravesafema.dhs.gov Donna Frostholm,Jefferson Co. dfrostholm@co.jefferson.wa.us