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HomeMy WebLinkAboutLog058 e e i;' . BIOLOGICAL EVALUATION for MCKINLEY STREET CULVERT AT LITTLE GOOSE CREEK Port Hadlock, Washington ~~c~n9[E ~ Prepared for . -I DM Jacobsen Land Partnership JEFFERSON COUNTY DEPT. OF COMMUNITY DEVELOPMENT Port Townsend, WA . Prepared by Kunz Biological Consulting Cindi Kunz, wildlife scientist 780 Arcadia West Port Townsend, WA 98368 (360) 385-6300 cmkunz@olypen.com LOG ITEM #sg . Page I ~of~ Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction . e e . Table of Contents Pae:e No. INTRODUCTION 1 Project Location 1 Project Description 1 Existing Conditions 4 LISTED SPECIES AND CRITICAL HABITAT 5 DESCRIPTION OF SPECIES AND HABITAT 6 Threatened & Endangered Species Occurrence 6 INVENTORIES AND SURVEYS 8 ANALYSIS OF EFFECTS 9 Potential Impacts to Aquatic Species 9 Potential Impacts to Non-Aquatic Species 9 . Potential Impacts to Critical Habitat 9 ENVIRONMENTAL RESOURCE PROTECTION MEASURES 10 Minimization of Construction Impacts 10 CONCLUSIONS 10 Puget Sound Chinook Salmon and Hood Canal Summer Chum 10 Bull Trout 11 Bald Eagle 11 REFERENCES 12 LIST OF FIGURES Figure 1. Vicinity Map 2 Figure 2. Culvert Construction Conceptual Plan 3 . LIST OF TABLES Table 1. Species That Occur or May Occur in the Vicinity of the Project Area 5 Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction lOG ITEM #~...~~..., ,-~ Page '2- ,~c::t__ e e . APPENDICES Appendix A: WDFW Letter - Evaluation of Little Goose Creek Appendix B: Reference for Interim Water Typing System (WAC 222-16-031) Appendix C: U.S. Army Corps of Engineers letter to Jacobsen Land Partnership (Reference #2002-4-00113) Appendix D: Letter from NMFS with ESA-listed species and critical habitat Appendix E: Letter from USFWS with ESA-listed species ACRONYMS AND ABBREVIATIONS . BE Corps ESA ESU NMFS USFWS WAC WDF WDFW Biological Evaluation U.S. Army Corps of Engineers Endangered Species Act of 1973 Environmentally Significant Unit National Marine Fisheries Service United States Fish and Wildlife Service Washington Administrative Code Washington Department of Fisheries Washington Department of Fish & Wildlife . Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction LOG ITEM #- ~~ Page -3.._ O'f .3.5:".c," e e . BIOLOGICAL EVALUATION FOR MCKINLEY STREET CULVERT AT LITTLE GOOSE CREEK Section 7, Endangered Species Act Applicant: Mr. Karl Jacobsen Reference: 2002-4-00113 Date: August 20, 2002 1.0 INTRODUCTION This Biological Evaluation (BE) was prepared to evaluate the potential effects of this project, described below, on species listed as Threatened or Endangered under the federal Endangered Species Act of 1973 (ESA), their critical habitats, as well as proposed speCIes. . This BE is submitted to satisfy the requirements of the National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS). It has been prepared in accordance with the format prescribed in the draft guidance prepared by the U.S. Army Corps of Engineers (Corps) and a "Guide to Biological Assessments developed by the National Marine Fisheries Service (NMFS)". 1.1 PROJECT LOCATION The project is proposed by the Jacobsen Land Partnership, Port Hadlock, Washington, in Jefferson County (Figure 1). The legal description is SE ~ of Sections 12, Township 29 North, Range 01 West ofthe plat ofIrondale Acre Tracts. 1.2 PROJECT DESCRIPTION The proposed project will be to place a culvert under the McKinley Street right of way, where McKinley Street intersects with Little Goose Creek. A conceptual plan showing the culvert construction site is shown in Figure 2. The materials used to fill over the culvert will be native materials from the McKinley Street right of way adjacent to the culvert installation. . Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction LOG \TEM #_""_.~~ Page __ ~:L_- of - . AI llliIII . .LL. ~Oe( ~N~ ~.J ~ ...O~ a:>Z ~ a: ::) ZWO 2!Q.O ~(I)Z -e( 0 ~(I)C1) Z....a: OOW i=e(LL. Oa:th W...., (l)Wu.. 0:0 ~~(I) ~WQ W..Ja: (l)e(0 ~Qfrl WZa: (1)0 _ Wa::~ XU::: ....oW u......o Oe(e( (I)..JQ. Z 0. - OW~ i=Xe( a:......J OLL.Q. 0.0 . .... e mmfiiijj \\~\\O~ ,-/ -l <1:- ",,>(,1) . w :J<1:~ Z ~+> do.. ~ U e DN'SSO~:J >133~:J 3S00D 3111n cJIHS~3N1HYd aNn N3S80:Jyr ~I~J ../' D- c( :& . ~.... t Q-O l- !n~ W Z ~~~ ~I ~ ~~Q. en Line . ~~ O~ <:,)1:0 ~ Z. o~ 0000 ~rz:l ~ a,\ '\ rz:l:;.:: Vl~ ~j t..Cl OJ-J <:l .-/ < ;: <I: 0 0 J: 0 z .... It) g ~ ..... 8 In ..... ." 8 ~ ~ a 0 ~ 8 0 , ,.. r--- . ,~. - :;';"_:. fl;t"::lt, ~-'~,' . 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The construction of the culvert will take approximately 3 to 4 working days, and will proceed as follows: Day 1 - Clear brush and small scrub trees from the area in which the stream crosses the McKinley Street right of way. Day 2 - Excavate the material from the sides of the stream in order to place the culvert. Placement of culvert in the stream bed. The culvert is in 5 12 foot sections and will be bolted together as they are placed in the stream. The sides of the culvert will then be backfilled with the same material that was removed to make room for the culvert. Additional native material will be taken from the McKinley Street right of way in order to cover the top of the culvert and to bring this area up to grade level. Day 3 - Large boulders / rocks will be placed at the ends of the culvert surrounding the openings, as shown in Figure 2. Day 4 - Gravel will be placed in the bottom of the culvert in order to simulate a natural stream bed. This additional time will be used as a buffer in order to complete the installation, in the event the schedule from Days 1, 2, or 3 are not met. . All of the construction equipment will be equipped to contain oil and fuel leaks. The staging area will be located at the intersection of McKinley Street and Jefferson Street. The access area to the construction site will be limited to McKinley Street. The project is planned to commence upon receipt ofthe necessary permits. 1.3 EXISTING CONDITIONS The Washington Department ofFish and Wildlife (WDFW) area habitat biologist, Chris Byrnes, conducted a two day field review of the Little Goose Creek stream system (Byrnes 2000). During this survey, system channel gradient and width were used to determine stream type and potential fish utilization. Byrnes indicated that the stream flows year round. The stream channel is steep in the reach between the two road right of ways on the lrondale Tracts and moderates upstream ofthe upper road right of way. . At the county road, there is an undersized concrete culvert that is a barrier to upstream fish passage. Further upstream passage to the action area of the lrondale Tracts is precluded by the existence of two artificial ponds, constructed by the adjacent landowner in the 1960's (Jacobsen 2002). These ponds were constructed so that the entire stream flow is routed through them without any provision for upstream fish passage. Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction ; G. n"EM"~ LO,,;A ,~"'=-, 4 #'. c ~ ~~"__.~~' ~_.~.."",.,...,,"'------ ". Page _~2- of ~" e - The WDFW survey concluded that a portion of each fork of this stream system extended onto the Irondale Tracts as a Type 3 fish bearing stream. The WDFW recommended that this stream system receive riparian buffers adequate to provide for summer stream flows, shade, large woody debris, and litter. The letter describing this two day field review of Little Goose Creek may be found in Appendix A. In Appendix B, the reference for Interim Water Typing System (WAC 222-16-031) can be found. . 2.0 LISTED SPECIES AND CRITICAL HABITAT Information regarding sensitive and protected species in the project area was sought from USFWS, NMFS, and the WDFW. In a letter dated March 13, 2002 from the Corps (Appendix C), the ESA-listed species and their critical habitat identified in Table 1 are to be included in this BE, as per species lists obtained from the NMFS (Appendix D) and USFWS (Appendix E). Table 1. Species That Occur or May Occur in the Vicinity of the Project Area ('( )l\ Il\ 10...... NA,l\[E ,FEDERA]. STATlTS S('IE......TIFI(' ......,\...\lE . Puget Sound Chinook Salmon Coastal-Puget Sound Bull Trout Hood Canal Summer Chum Bald eagle Critical Habitat for Puget Sound Chinook Salmon Critical Habitat for Hood Canal Summer Chum Designated 2/16/00 (50 CFR Part 226) Designated 2/16/00 (50 CFR Part 226) Oncorhynchus tshawytscha Salvelinus conRuentus Oncorhynchus keta Haliaeetus leucocephalus Threatened 3/99 Threatened 11/99 Threatened 3/99 Threatened A(:a:......Cy .Jl'RISI)I('TION NMFS USFWS NMFS USFWS NMFS NMFS Two listed fish species and one candidate fish species may be found within the general proximity of the Project Area (NMFS website 8/2002). USFWS identified one additional threatened fish species (USFWS letter dated 8/5/2002). The listed threatened species that may be found in the Puget Sound Evolutionary Significant Unit (ESU) within the near shore environment of the project include: Puget Sound Chinook salmon (Onchorynchus tshawytscha) and Hood Canal summer chum salmon (0. keta), which may be migrating through the area during certain periods of the year. In addition, bull trout (salvelinus confluentus), which might be found in the general area ofthe project, are currently listed as threatened. Coho salmon (0. kisutch), which are a candidate for listing under the ESA are found in the general area of the project. Although much of the analysis of existing habitat conditions and project effects presented in this BE would apply to coho salmon, the analysis in this BE is intended to address the listed species, as well as the proposed species, as required under the ESA. There are no federally listed endangered species identified in the project area. . Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction " Or::.!TEM t. ..."1 1" . M # S. ~ =-==--= .ft' ,,___.,_'M~_' -- 0... f't.f. f') C Page ..".~_ Ui_~ 5 e e . Bald eagles (Haliaeetus leucocephalus), which are currently listed as threatened, also were identified as potentially occurring in the general area of the project (USFWS letter dated 8/5/2002). The ESA bald eagle is also addressed in this BE. 3.0 DESCRIPTION OF SPECIES AND HABITAT 3.1 Threatened and Endangered Species Occurrence 3.1.1 Aquatic Species PUGET SOUND CHINOOK SALMON Chinook are the largest of the Pacific salmon, and are classified generally as ocean or stream type. Ocean-type Chinook are generally smaller, and tend to utilize estuaries and coastal areas more extensively for rearing than stream-type juveniles (Healy 1991). The majority of Chinook salmon in the Puget Sound region are ocean-type fish that emigrate to estuarine rearing areas as sub yearlings (Myers et aI., 1998). . Fall Chinook fry rear in a river for approximately 3 months prior to their seaward migration. The major juvenile out migration coincides with the spring runoff flows between March 15 and June 14 (Washington Administrative Code (WAC) 220-110-271). Spring Chinook normally reside in the river system until the following year before moving seaward with high spring runoff flows. Peak migration occurs in late April to early June, although some fish continue to move into estuaries later. Puget Sound Chinook salmon critical habitat includes all marine, estuarine, and river reaches accessible to Chinook salmon in the Puget Sound ESU. Due to the construction of ponds downstream of the property, upstream passage to the project area is not possible. COAST AL-PUGET SOUND BULL TROUT Bull trout exhibit resident and migratory life-history strategies throughout much of their current range (Rieman and McIntyre 1993). In the north Puget Sound area, many of the sub-adult fish adopt an anadromous life history (Kraemer 1994). The Coastal-Puget Sound bull trout population segment encompasses all Pacific coast drainages within Washington, including Puget Sound. . Subadult anadromous life forms of bull trout studied in North Puget Sound move downstream in the spring (April through early June) to river mouths and nearby beaches. These sub adults typically spend the spring and most of the summer in Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction lOG ITEM It ---,_.~,_s:~__~_, Page _~ of ~6.= 6 e e . the marine environment (Kraemer 1994). Bull trout out migrants are less associated with the shoreline when they enter marine waters than other salmonids, primarily because bull trout spend 1 to 2 years in freshwater before out migrating to marine water. Thus, by the time they enter the marine environment, they are much larger and tend to move offshore more rapidly than juvenile Chinook salmon (Burkle 1999). Again, there is no provision for upstream fish passage below the project area, due to the existence of two artificial ponds. HOOD CANAL SUMMER CHUM The Hood Canal Summer-Run Chum Salmon Evolutionarily Significant Unit (ESU) includes chum salmon that spawn in estuaries to Hood Canal, Discovery Bay, and Sequim Bay. These fish are currently listed under ESA as threatened. The Hood Canal summer chum stock is classified as "Critical due to chronically low escapements", by the WDFW and the Tribes (WDF 1993). . Summer chum salmon stocks in Hood Canal enter the terminal area from early August through the end of September (Rayonier 1999). Spawning begins around the last week of August and continues through October. Chum salmon usually spawn in coastal areas and juveniles out-migrate to marine waters almost immediately after emerging from the gravel in February. The stream-type behavior of other species in the genus Oncorhynchus contrasts with this ocean- type migratory behavior ofthe chum. For this reason, the survival and growth in juvenile chum salmon salmon depend less on freshwater conditions than on favorable estuarine and marine conditions. The smaller chum salmon juveniles tend to remain in near shore, shallow areas (-4 to +8 feet MLL W), while larger juveniles move into deeper water, similar to the Chinook salmon out-migrants (Roni and Weitkamp 1996). 3.1.2 Non-Aquatic Species BALD EAGLE . Bald eagles are typically found near bodies of water such as seacoasts, large lakes, and rivers. They feed primarily on fish, primarily anadromous fish, migrating upstream to spawn, but they also eat birds, mammals, and carrion. Their nests are large, measuring up to 6 feet across and weighing hundreds of pounds. The nests are often built within a mile of the water body used for foraging. A nesting territory may contain more than one nest and is also likely to have additional snags and trees with exposed lateral limbs or dead tops that are used as perches, roosts, and defense stations. There are no nesting territories located in the vicinity of the project. The nearest nest sites are as follows: one nest site is located 2 Y2 miles southeast of the project location, 3 bald eagle nest sites are located 2 to 2 Y2 Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction LOG iTEM # _____.~"'-~--"O,'-.<=, P. E ~~ " age --1J2.._.. 01' ,-2..:J..-", 7 e e . miles north of the project location, and 1 bald eagle nest site is located 1 % miles east of the project location. Wintering bald eagles require perch trees for day use and mature/old growth forest stands for night roosts. Wintering eagles would be present from late October to late March. There are no documented roosting areas for bald eagles utilizing the project area. 3.1.3 Critical Habitat CRITICAL HABIT A T FOR PUGET SOUND CHINOOK SALMON The NMFS designated critical habitat for the Puget Sound ESU of the Chinook salmon on February 16,2000 (Federal Register, Vol. 65, No. 32, Pages 7764- 7787). This designation includes all marine, estuarine, and river reaches accessible to this listed species in Puget Sound. CRITICAL HABITAT FOR HOOD CANAL SUMMER CHUM SALMON The NMFS designated critical habitat for the Hood Canal Summer Chum Salmon on February 16,2000 (Federal Register, Vol. 65, No. 32, Pages 7764-7787). This designation includes all river reaches accessible to listed chum salmon (including estuarine areas and tributaries) draining into Hood Canal and Dungeness Bay, Washington. Also included are estuarine/marine areas of Hood Canal. . 4.0 INVENTORIES AND SURVEYS In August 2002, a site survey was conducted at the location of the proposed culvert construction site. The habitat located north of the Little Goose Creek site is predominantly wild roses, thistles, and nettles, with an Douglas fir and deciduous trees, such as big leaf maple and red alder. Further south on McKinley Street towards Little Goose Creek the habitat transitions to a predominantly red alder stand with a few small cedar, hemlock and big leaf maple. The understory consists offems, trailing blackberry, Oregon grape, salmonberry, salal, and nettles. The Little Goose Creek streambed was dry. The creek was examined to the west of Oak Bay Road and some water was observed trickling eastward and draining into the culvert and flowing eastward under the county road. The water level east of the county road was considerably greater than the west side, probably due to the pooling effect. As the Irondale Tract portion of the stream channel was dry, this portion of the stream does not flow year round, contrary to the report submitted by the WDFW area biologist in July 2000. . Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction 'l~E. OM' !.. ~. ~ r.fl. ._,~_=~"=-=' _",.,-"_,,,,~.~""""n,".':~ Page --U-.,~ of __lhm 8 e e . 5.0 ANALYSIS OF EFFECTS 5.1 POTENTIAL IMPACTS TO AQUATIC SPECIES 5.1.1 Puget Sound Chinook Salmon Chinook salmon will not be affected by the project for two reasons: 1) they are not in the vicinity ofthe project area due to the barriers to adult fish passage downstream of the property; and 2) adults do not spawn in any streams within the project area and only migrate by the deeper water offshore, which is not in the project vicinity. 5.1.2 Hood Canal Summer Chum Similar to Puget Sound Chinook salmon, the Hood Canal Summer Chum will not be in the vicinity ofthe project area due to the barriers downstream ofthe proposed action. 5.1.3 Bull Trout . Although there is no evidence of the presence of Coastal Puget Sound bull trout in the general area ofthe project, it is possible that they may utilize Oak Bay for migration and feeding. However, the anticipated risk of adverse effects would be similar to that of the two salmon. 5.2 POTENTIAL IMPACTS TO NON-AQUATIC SPECIES Although the Oak Bay shoreline, located less than one mile from the proposed action area, is potentially used by bald eagles, there are no known eagle nest sites closer than 1.75 miles from the project site. This distance exceeds the range considered a concern during the bald eagle breeding season. In addition, no clearing of forested habitat will occur in association with the project. Therefore, potential winter perching/roosting sites for bald eagles will not be affected. 5.3 POTENTIAL IMPACTS TO CRITICAL HABITAT The NMFS, under the Endangered Species Act, has designated critical habitat for Puget Sound Chinook salmon and Hood Canal Summer Chum. Due to the nature of Little Goose Creek (poor habitat for fish migration and spawning), as classified within the "Interim water typing system" WAC 222-16-031, this project is not expected to have any adverse effects on ESA critical habitat. . Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction lOG 'TEM # ____ Z;-~ ._,-- Paae __J~, of ~'5-= .....J1 9 e e . 6.0 ENVIRONMENTAL RESOURCE PROTECTION MEASURES 6.1 MINIMIZATION OF CONSTRUCTION IMPACTS The project construction will be completed within 4 days from commencement. Drainage plans will protect and prevent unacceptable impacts to the water quality and stream channels from storm water run off and erosion. The access route to the construction area will be minimized by utilizing the main right of way via McKinley Street. No materials will be stockpiled near the creek. Excavated and imported material will be stockpiled at upland locations and will be protected to prevent runoff to the creek area. Upland drainage will be managed to prevent erosion or impact to Little Goose Creek. Temporary erosion control measures such as sediment barriers and mulching will be used as necessary after initial disturbance of the soil. . Sediment barriers will be installed along the edge of the construction area as necessary to contain spoils and sediment within the right of way. Temporary erosion controls will be properly maintained throughout the construction (on a daily basis) and reinstalled as necessary (such as after back-filling) until replaced by permanent erosion controls or until construction is complete. Construction equipment will have drip pans to contain potential leaks from equipment. Vehicle fueling will be conducted at the intersection of Jefferson Street and McKinley Street, which is a sufficient distance upland from the creek. All unnatural materials will be removed from the construction area to the extent practical prior to placement of fill. 7.0 CONCLUSIONS 7.1 PUGET SOUND CHINOOK SALMON AND HOOD CANAL SUMMER CHUM . This BE concludes that 1) these species are not in the vicinity of the project area due to the barriers to adult fish passage downstream of the property; and 2) adults do not spawn in any streams within the project area and only may migrate by the deeper water offshore, which is not in the project vicinity. Additionally, construction impacts will be minimized by following the environmental resource protection measures outlined in this report. Therefore, the final determination for Puget Sound Chinook and Hood Canal summer chum salmon and their critical habitat is "may affect, but not likely to adversely affect". Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction LOG iTEM # r:- fI..=_~_.----= '... . -<<--,,~.'QJL ~ pa~~~ ,_.1,,'3-- "J-~ v 10 e e . 7.2 BULL TROUT Similar to the Puget Sound Chinook and Hood Canal summer chum salmon, bull trout could not be present in this creek due to the poor habitat for fish migration and spawning. The anticipated risk of adverse effects would be similar to that of the salmon. Thus, the final determination for bull trout is "may affect, but not likely to adversely affect". 7.3 BALD EAGLE There are no known eagle nest sites within 1.75 miles of the project site. This is beyond the 0 .25 mile range considered a concern during the bald eagle breeding season. No clearing of forested habitat will occur in association with the project. Therefore, potential winter perching/roosting sites for bald eagles will not be impacted. The final determination for the bald eagle is "may affect, but not likely to adversely affect". . . Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction , (1(." ITEM" [l"J"", '..:~ !,. t "___.,._._fi.22____,,_,.~.~._. ,_.j~ of __1>'5 __'C 11 e -- . REFERENCES Burkle, B. 1999. Personal communication, Area Habitat Biologist, Washington Department of Fish and Wildlife. Healey, M.C. 1991. Life History of Chinook Salmon (Oncorhynchus tshawytscha), pp. 311-394. In: Pacific Salmon Life Histories. Groot and Margolis (eds.). UBC Press, Vancouver, Canada. Jacobsen, Karl. 2002. Personal communication regarding Little Goose Creek stream assessment. Kraemer, C. 1994. Some observations on the Life History and Behavior of the Native Char, Dolly Varden (Salvelinus malma) and Bull Trout (Salvelinus confluentus) of the North Puget Sound Region. WDW (draft). Myers et. al. 1998. Status review of Chinook salmon from Washington, Idaho, Oregon, and California. U.S. Dept. of Commerce, NOAA Tech. Memo. NMFS-NWFSC- 35. February 1998. . Rayonier. 1999. Biological Evaluation for Long Pond Shoreline Stabilization and Ennis Creek Bulkhead Maintenance. Prepared for Rayonier Port Angeles Site by Foster Wheeler Environmental Corporation. October 1999. Rieman, B.E. and J.D. McIntyre. 1993. Demographic and Habitat Requirements for Conservation of Bull Trout. USDA Forest Service, Intermountain Research Station. General Technical Report INT-302. Roni, P. and L. Weitkamp. 1996. Environmental Monitoring of the Manchester Naval Fuel Pier Replacement, Puget Sound, Washington, 1991-1994. Prepared for the Department ofthe Navy, Naval Facilities Engineering Command, Western Division, and Coastal Zone and Estuarine Studies Division, NMFS, NOAA, Seattle, W A. Washington Department of Fisheries (WDF), Washington Department of Wildlife (WDW), and Western Washington Treaty Indian Tribes. 1993. 1992 Washington State Salmon and Steelhead Stock Inventory. Olympia, WA. March 1993. Washington Department ofFish and Wildlife. 2000. Letter from Chris Byrnes to Michelle Farfan, Jefferson County Department of Community Development, regarding a request for Stream Type Verification at Proposed Action site. . Biological Evaluation, Reference #2002-4-00113, Little Goose Creek Culvert Construction LOG iTEM .r::- J2_~~_,~~~_c P~~;'=~J5:~ of .~-~~ .,' ~ 12 ~. ~ ;i ( f" LOG 'TEM #_ C;~ Page ~ of _ -;10'