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HomeMy WebLinkAboutD_Thermal_Survey_Borings_for_Replacement_Cable_Crossings_SME_230822DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Thermal_Survey_Borings_for_Replacement_Cable_Crossings_SME_230822 PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT EVALUATION FORM & DECISION DATE OF DECISION: August 22, 2023 PROJECT NUMBER: LUA23-000180, SME PROJECT NAME: Thermal Survey Borings for Replacement Cable Crossings PROJECT MANAGER: Clark H. Close, Principal Planner APPLICANT/CONTACT: Dylan Marcus Puget Sound Energy 6500 Ursula Place South Seattle, WA 98108 PROJECT LOCATION: 4601 Lake Washington Blvd N, Renton, WA 98056. In water work located in Lake Washington between Mercer Island and the City of Renton. PROJECT DESCRIPTION: The applicant, Puget Sound Energy (PSE), is requesting a Shoreline Exemption to conduct in-water exploratory borings to test the thermal properties of the soil at the Quendall Cable Station (Attachment 1). As part of the thermal survey work, the applicant would complete geotechnical survey activities to evaluate site conditions along the cable line in order to design replacement cable crossings that would be completed as separate projects in the future. The borings would take place in Lake Washington at Boring Location I near the Virginia Mason Athletic Center. To avoid disturbance to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or Superfund site boundaries, Location I will take place approximately 150 feet northwest of the CERCLA/Superfunds Operable Unit 2 (OU2) boundary and Enhanced Natural Recovery (ENR) area (Lat/Long 47.536469, -122.205542). Access to the proposed boring locations would be from a barge and all boring would be completed in PSE-owned easements and properties (Attachment 2). The bore method would be a vertical sample collection using a 10-inch diameter hollow-stem auger. No more than 0.7 square feet of ground disturbance is anticipated from the hollow-stem auger at each bore location. To contain turbidity during the bore work, an outer casing would be used with the hollow-stem auger to encase the rod that is driven down to collect the samples. The bore would be driven to a depth of up to 50 feet below the floor bottom. All drilling fluid generated during the bore would be collected into containment drums on the barge for disposal at an appropriate upland location once the proposed work is complete. After the cores are collected during the summer of 2023, the bore holes would be filled with approximately four (4) cubic yards of grouting material (bentonite clay) in accordance with Washington State Department of Ecology requirements. The applicant is anticipating the potential for minor sedimentation of the water directly beneath and immediately adjacent to the barge due to the placement and removal of the barge anchors and the containment casing. The applicant is proposing current BMPs for sediment control and in order to minimize project impacts on land and in- DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 City of Renton Department of Community & Economic Devel opment Certificate of Exemption From Shoreline Substantial Development Thermal Survey Borings for Replacement Cable Crossings LUA23-000180, SME Permit Date: August 22, 2023 Page 2 of 3 D_Thermal_Survey_Borings_for_Replacement_Cable_Crossings_SME_230822 water. In addition, vehicles and equipment are proposed to be inspected daily for fluid leaks prior to the start of each workday. The barge would contain supply tools, such as a vacuum pump, booms, diapers, and other absorbent material in the event of an accidental leak or spill. On April 27, 2023, GeoEngineers, Inc. completed a No Effects Biological Evaluation Letter (“Letter”) to satisfy the requirement for a Biological Evaluation (BE) related to the proposed project (Attachment 3). According to Letter, it is expected that borings located in deeper waters would not impact aquatic vegetation because the water is too deep to support submerged aquatic vegetation. Furthermore, the Letter anticipates that there would be no adverse effects from the project due to minimal disturbance and the short-term project duration. PSE maintains that the proposed activity is associated with information collection for a future project proposal, making the project exempt from Environmental (SEPA) Review pursuant to Washington Administrative Code (WAC) 197-11-800(17). The Quendall Cable Station is located within the Shoreline High Intensity designation and Lake Washington Reach C (LW-C) and the proposed in-water exploratory borings are located within the Aquatic Shoreline designation in Lake Washington. SEC-TWN-R: SEC 29 - TWN 24 - R 05 LEGAL DESCRIPTION: (King County Assessor) BEG AT NXN OF S LN OF GL 5 WITH WLY MGN OF N P R/W TH N 29 -44-54 E ALG R/W 849.62 FT TH N 59-24-36 W 641.44 FT TO TPOB TH CONTG N 59-24-36 W 100 FT TH N 30-35-24 E 100 FT TH S 59-24-36 E 100 FT TH S 30-35-24 W 100 FT TO TPOB TCO 17- 830 WATER BODY/REACH: Lake Washington/Lake Washington Reach C (LW-C) EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial Development Permit is hereby Approved with Conditions* on the proposed project in accordance with Renton Municipal Code (RMC) 4-9-190C “Exemptions from Permit System’ and for the following reasons: Activities Necessary for Permit Application: Site exploration and investigation activities that are prerequisites to preparation of an application for development authorization under the Shoreline Master Program, if: a. The activity does not interfere with the normal public use of the surface waters. b. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values. c. The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity. d. A private entity seeking development authorization under the Shoreline Master Program first posts a performance bond or provides other evidence of financial responsibility to the Planning Division to ensure that the site is restored to pre-existing conditions. e. The activity is not subject to the permit requirements of RCW 90.58.550. FINDINGS: The proposed development is: DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 City of Renton Department of Community & Economic Devel opment Certificate of Exemption From Shoreline Substantial Development Thermal Survey Borings for Replacement Cable Crossings LUA23-000180, SME Permit Date: August 22, 2023 Page 3 of 3 D_Thermal_Survey_Borings_for_Replacement_Cable_Crossings_SME_230822 i. Consistent with the policies of the Shoreline Management Act. ii. Not Applicable to the guidelines of the Department of Ecology where no Master Program has been finally approved or adopted by the Department. iii. Consistent with the City of Renton Shoreline Mater Program. *CONDITION(S) OF APPROVAL: 1. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall immediately cease and the Washington Department of Fish and Wildlife (WDFW) and the Washington State Department of Ecology (DOE) shall be contacted immediately. Work shall not resume until further approval is given by WDFW and DOE. SIGNATURE & DATE OF DECISION: _____________________________________ ______________________________ Matt Herrera, Acting Planning Director Date RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on September 5, 2023. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: Two (2) years from the date of decision (date signed). Attachments: 1) Site Plan, 2) Easement, 3) No Effect Biological Evaluation Letter, and 4) EPA Response Email DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 8/22/2023 | 4:41 PM PDT 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 April 27, 2023 Puget Sound Energy PO Box 97034 M/S EST-04W Bellevue, Washington 98009-9734 Attention: Jeff Misuik and Dylan Marcus Subject: No Effects Letter Report Thermal Survey Borings for Site Investigation King and Kitsap Counties, Washington File No. 9186-160-00 1.0 INTRODUCTION Puget Sound Energy (PSE) is proposing to complete Geotechnical survey activities to evaluate site conditions in order to design replacement cable crossings that will be completed as separate projects in the future. The thermal survey work is needed to analyze site conditions and will be conducted by completing borings along the existing cable line. Borings will be completed in upland locations and below the High Tide Line (HTL) of the Puget Sound and ordinary high water mark (OHWM) of Lake Washington. However, upland borings are located outside of US Army Corps of Engineers (USACE) jurisdiction and are not further discussed in this report. Boring site locations conducted below the HTL/OHWM of both waterbodies are found on Figure 1, Vicinity Map. Figures 2 through 6, Action Area shows the project action areas and the proposed boring locations. There are eight borings that will be conducted below the HTL/OHWM; three borings (H, I and J) will be completed in Lake Washington and five borings (A, C, D, E and G) will be completed in the Puget Sound. The thermal survey boring samples will be collected from a barge and are expected to take approximately 9 days to complete. GeoEngineers, Inc. (GeoEngineers) was retained to prepare a No Effects Letter to satisfy the requirement for a Biological Evaluation (BE) related to the proposed project. A BE is required to address Endangered Species Act (ESA) Section 7 consultation requirements because the project will be working in waters of the United States (US) that contain listed species. This No Effects Letter addresses potential project effects on threatened and endangered species and their critical habitat. Information on species listed under the ESA, and potentially present in the project area, was obtained from the United States Fish and Wildlife Service (USFWS) list (USFWS 2022), the National Oceanic Atmospheric Administration Fisheries Service (NOAA Fisheries) list (NOAA Fisheries 2023a), and the Washington Department of Fish and Wildlife (WDFW) priority habitat and species (PHS) maps Attachment 3 RECEIVED Clark Close 05/22/2023 PLANNING DIVISION DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 2 File No. 9186-160-00 (WDFW 2023). The project occurs within the Puget Sound and Lake Washington, which is known to provide habitat for documented threatened or endangered species. ESA-listed species and critical habitats are identified in the Listed Species Information section of this letter report. 1.1. Project Location and Site Description PSE is proposing to conduct underwater borings on PSE-owned easements that are located within Puget Sound and Lake Washington (Figure 1). The table below (Table 1) depicts the boring locations; section, township, and ranges (STR); hydrologic unit code (HUC) number; and water resource inventory area (WRIA) for each boring. TABLE 1. BORING LOCATION INFORMATION Transmission Line Nearest Station Boring ID STR1 HUC Number WRIA Cove Cable to Command Point Cove Cable A Sec. 26, T23N, R02E 17110019 Puget Sound 15-Kitsap Cove Cable to Command Point Command Point C Sec. 27, T23N, R02E 17110019 Puget Sound 15-Kitsap Des Moines to Point Robinson Point Robinson Point D Sec. 14, T22N, R03E 17110019 Puget Sound 15-Kitsap Des Moines to Point Robinson Point Robinson Point E Sec. 14, T22N, R03E 17110019 Puget Sound 15-Kitsap Des Moines to Point Robinson Point Des Moines G Sec. 17, T22N, R04E 17110019 Puget Sound 9-Duwamish- Green Enatai Cable to Barnabie Cable Entai Cable H Sec. 8, T24N, R05E 17110012 Lake Washington 8-Cedar- Sammamish Quendall Cable to Flood Cable Quendall Cable I Sec. 29, T24N, R05E 17110012 Lake Washington 8-Cedar- Sammamish Quendall Cable to Flood Cable Flood Cable J Sec. 30, T24N, R05E 17110012 Lake Washington 8-Cedar- Sammamish Notes: 1. Boring locations are in deeper waters and not all borings are located in a mapped STR. STRs that are listed in the table are the closest mapped STR to the boring location. The sites are located adjacent to developed areas with heavy commercial and recreational boating activities. Some of the boring locations are adjacent to PSE facilities, single-family homes, multi- residential areas (apartments and condos), and marinas. All borings will be completed in PSE-owned easements and properties. Areas closer to the shoreline were examined March 9 and 10, 2023 at low tide to verify the boring locations were absent of potential eelgrass (Zostera marina) and other submerged aquatic vegetation. It is expected that borings located in deeper waters will not impact aquatic vegetation because the water will be too deep to support submerged aquatic vegetation. DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 3 File No. 9186-160-00 2.0 PROJECT DESCRIPTION PSE is proposing to perform baseline survey activities of the existing submarine electrical transmission cables to determine the thermal resistivity of native sediment for the design of future cable replacements. Exploratory borings for in-situ thermal testing are proposed at several locations along four submarine cable crossings. If bedrock, hardpan, or very gravelly soils are encountered, it may not be possible to conduct in-situ testing and a representative core or bulk sample shall be collected for laboratory thermal analysis. Eight borings will be completed below the OHWM of Lake Washington and the HTL of Puget Sound (Figure 1). The borings are located within PSE easements and on PSE owned property adjacent to the existing cable crossing locations. The project will be completed in a single phase that will last approximately 9 days. Borings conducted below the HTL/OHWM but closer to shore, will be conducted during low tide and no equipment will be staged on the beach during high tide; however, borings that will be conducted in areas permanently underwater, may be conducted during high or low tide events from a barge. All sampling is proposed to be conducted in the summer of 2023. The Puget Sound boring locations (A, C, D, E and F) will be accessed during low tide from adjacent upland areas and a barge will not be required for these borings. The Lake Washington boring locations (H, I and J) will be accessed from a barge. When the borings are accessed from upland areas, heavy machinery with track equipment will be used to conduct the borings. Machinery will cross below the HTL to conduct the boring but will not be staged on the beach. When borings are accessed from a barge, the equipment for the boring will be placed on a small barge. The small barge and rig will be ferried to and from survey/boring sites from a public boat ramp each day. The only other vessel involved will be a small support boat. The operators of the subject vessels will comply with all posted speed zones and restrictions. The method of the bore will be a vertical sample collection using a hollow-stem auger. There will be no more than a surface circle area of 10 inches of ground disturbance from the hollow-stem auger at each boring location. The outer casing of the hollow-stem auger will encase the rod that is driven down to collect the sample, so turbidity cannot escape during the bore work. The bore will be driven to a depth of approximately 15 feet below the floor bottom at the Puget Sound boring locations and up to 50 feet below the floor bottom at the Lake Washington locations. Drilling fluid generated during the bore will be collected into containment drums on the barge for disposal at an upland location once work is complete. Once the core is collected, the bore hole will be filled, with approximately 1 cubic yard at the Puget Sound sites and 4 cubic yards at the Lake Washington sites of grouting material (bentonite clay) in accordance with Washington State Department of Ecology (Ecology) requirements. The boring activity will result in approximately 0.7 square-foot of impacts to waters of the US per boring. The table below (Table 2) depicts the boring summary information. DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 4 File No. 9186-160-00 TABLE 2. BORING SUMMARY INFORMATION Transmission Line Nearest Station Boring ID Nearest Address Proposed Access Waterbody Impact Area (square feet) Cove Cable to Command Point Cove Cable A 16800 137th Avenue SW, Vashon, Washington 98070 Upland access from 137th Avenue NW. Equipment stationed on roadway. Puget Sound/ Colvos Passage 0.7 Cove Cable to Command Point Command Point C 8854 SE Willock Road, Olalla, Washington 98359 Upland access from adjacent homeowner. Boring near shoreline access. Puget Sound/ Colvos Passage 0.7 Des Moines to Point Robinson Point Robinson Point D 3808 SW Point Robinson Road, Vashon Island, Washington 98070 Upland access from Point Robinson Lighthouse Park. Then travel north along shoreline. Puget Sound 0.7 Des Moines to Point Robinson Point Robinson Point E 3808 SW Point Robinson Road, Vashon Island, Washington 98070 Upland access from Point Robinson Lighthouse Park. Then travel north along shoreline. Puget Sound 0.7 Des Moines to Point Robinson Point Des Moines F 22749 Marine View Drive S, Des Moines, Washington 98198 Upland access from nearest address. Boring near shoreline access. Puget Sound 0.7 Enatai Cable to Barnabie Cable Entai Cable H 10805 SE Lake Road, Bellevue, Washington 98004 Access from barge Lake Washington 0.7 Quendall Cable to Flood Cable Quendall Cable I 4601 Lake Washington Blvd N, Renton, Washington 98056 Access from barge Lake Washington 0.7 Quendall Cable to Flood Cable Flood Cable J 7230 E Mercer Way, Mercer Island, Washington 98040 Access from barge Lake Washington 0.7 Puget Sound Total Impact Area 3.5 Lake Washington Total Impact Area 2.1 DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 5 File No. 9186-160-00 2.1.1. Impact Avoidance, Minimization Measures, and Best Management Practices Adverse effects are not anticipated from this project due to the minimal disturbance and short-term duration. Impact minimization measures for this project include the use of Best Management Practices (BMPs) for sediment control. The borings will be completed using current BMPs for on land and in-water geotechnical surveys. The following discussion identifies some of the BMPs planned to be incorporated into the survey activities; however, the contractor will identify additional BMPs. The explorations will be cased to contain fluids and cuttings and isolate the sampler from the water. There is a slight potential for minor sedimentation of the water directly under and immediately adjacent to the barge resulting from the placement and removal of the barge anchors and containment casing. During the sampling, impacts to water quality are not expected due to the containment of the sampling fluids and cuttings within the casing and the minor amount of potential sediment disturbance. During the proposed investigative activities there is a potential for petroleum products and other deleterious materials to enter the water due to an accidental spill or leak. To reduce the potential for spills and leaks, the work crew on land and the barge will have an adequate supply of materials (such as a vacuum pump, booms, diapers, and other absorbent material) to control and contain deleterious materials in the event of an accidental spill. Additionally, vehicles and equipment will be inspected daily for fluid leaks prior the start of each workday. The proposed investigative activities have been designed to confine substrate disturbance to the minimum area necessary by using anchors and a small (approximately 10-inch-diameter) casing. Excavated materials will be removed and taken to an upland disposal location so they do not enter the water. In addition, the boring locations have been identified in areas where no subaquatic vegetation was observed. 3.0 PROJECT ACTION AREA The action area is defined as “all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action” (50 Code of Federal Regulations [CFR] §402-02). The action area, therefore, includes the spatial extent of all direct, indirect, interrelated, and interdependent effects of the project. Project-specific effects that need to be taken into account to define the action area for the project include construction-related noise, water quality impacts, and habitat alteration. The overall action area is the geographic extent of all project effects, which is the combination of all zones of influence. Because land use is not changing, and there will be limited construction noise on the project site, the action area for the project extends approximately 500 feet over land and 890 feet over water around each boring footprint. Figures 2 through 6 provide a detailed illustration of the boring sites, which define the action area of each boring location. 3.1. Construction Related Noise The proposed project includes in-water work; therefore, in-air and in-water noise are evaluated to identify the action area. It is assumed the contractor will use a 120-pound drop hammer or similar to conduct the borings. In-air noise generated by the 120-pound drop hammer has, in previous experience, been DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 6 File No. 9186-160-00 identified by contractors to have a noise level of up to 90 decibels (dBA) (pers. comm. with Clay Griffith 2013). No specific information was found for the underwater noise sound pressure levels generated by the 120-pound drop hammer. Since no specific in-water sound information was identified for this type of sampling apparatus, a qualitative assessment of the device was used to identify potential noise impacts from the borings. The hollow-stem auger has an outer casing up to 10 inches in diameter. The annular space between the sampling tube and the casing will be filled with dense mud composed of bentonite and cuttings from the holes. The hollow-stem auger is expected to generate sound levels much lower than those provided in the Washington State Department of Transportation (WSDOT) Biological Assessment Manual (WSDOT 2022). The sound level generated by the hollow-stem auger will also be dampened by the use of an outer casing and dense mud filling the annular space. Therefore, underwater noise from the geotechnical sampling apparatus is expected to be minor in scale and below disturbance thresholds for fish and marine mammals. In-air noise has been quantified using the guidance provided in the WSDOT manual. The 120-pound drop hammer is expected to generate noise levels up to 90 dBA at a distance of 50 feet. Background noise levels in areas with frequent boat and ferry traffic and shorelines with typical urban residential development generally have ambient noise levels of approximately 65 dBA (WSDOT 2022). The boring locations surrounded by roads, buildings, and trees have “soft-site” conditions that would attenuate noise at an approximate rate of 7.5 dBA per doubling distance (WSDOT 2022). While the Puget Sound and Lake Washington represent “hard-site” conditions that would attenuate noise at an approximate rate of 6.0 dBA per doubling distance (WSDOT 2022). The WSDOT manual provides an equation to identify the distance point source construction noise will travel before it attenuates to the ambient baseline sound level by the practical spreading loss method (WSDOT 2022). Based on the above-mentioned parameters and the equation, the distance from the project site at which construction noise would become indistinguishable from background ambient noise conditions is approximately 500 feet over land and 890 feet over water. 3.2. Water Quality The action area of the project may be affected by water quality impacts. However, there are no expected impacts to water quality that are expected to occur as a result of the project. Proper BMPs will be implemented to prevent sediment-laden water, construction debris, or construction spills from entering the Puget Sound or Lake Washington. 3.3. Habitat Alteration The boring locations adjacent to the shorelines were investigated for the presence/absence of aquatic vegetation and borings were either eliminated or moved to be outside of observed aquatic vegetation. In addition, the project is not proposing permanent structures; work being conducted is part of site surveying activities. Each boring is expected to only impact approximately 0.7-square-foot of area, but this area will be filled with grouting material to minimize potential impacts to the sediments; approximately 3.5-square-foot of the Puget Sound seafloor and 2.1-square-foot of Lake Washington floor will be impacted from the project. Habitat alteration is not anticipated as a result of the project. DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 7 File No. 9186-160-00 4.0 LISTED SPECIES INFORMATION Available public information sources regarding threatened and endangered species distribution and use in the project area were reviewed. Sensitive PHS data specific to the project area was queried from WDFW, USFWS, and NOAA Fisheries and utilized for this section (WDFW 2023; USFWS 2023; NOAA Fisheries 2023b). Official species lists and critical habitat maps from USFWS (2022) and NOAA Fisheries (2023a) are provided in Appendix A, Threatened and Endangered Species Lists. Species that have a possibility of occurring in the action area for the project are addressed in this BE. These species are summarized in Table 3 below. TABLE 3. SPECIES AND CRITICAL HABITAT THAT COULD OCCUR IN THE ACTION AREA Common Name Latin Name Water Body Boring ID Jurisdiction Status Critical Habitat Marbled Murrelet Brachyramphus marmoratus Puget Sound and Lake Washington A through J (all Borings) USFWS Threatened N/A1 Bull Trout Salvelinus confluentus Puget Sound and Lake Washington A through J (all Borings) USFWS Threatened Designated Puget Sound Chinook Salmon Oncorhynchus tshawytscha Puget Sound and Lake Washington A through J (all Borings) NMFS Threatened Designated Puget Sound Steelhead Oncorhynchus mykiss Puget Sound and Lake Washington A through J (all Borings) NMFS Threatened N/A1 Southern Resident Killer Whale Orcinus orca Puget Sound A through G NMFS Endangered Designated Bocaccio Sebastes paucispinis Puget Sound A through G NMFS Endangered Designated Yelloweye Rockfish Sebastes ruberrimus Puget Sound A through G NMFS Threatened Designated Notes: 1 Although critical habitat has been designated for these species, it does not occur in the action area. 4.1. Species and Critical Habitat Not Addressed in this BE The following ESA-listed species may occur in the vicinity of the borings, but are not expected to occur in the marine and lake boring sites and are, therefore, not addressed in this BE ■ North American Wolverine (Gulo gulo luscus). North American wolverine are proposed threatened and are not reported nor expected to occur in or near the action area. North American wolverines are not expected to occur in the developed environment of the project area or around marine shorelines. Therefore, no effects to North American wolverine are expected to occur from project activities. ■ Yellow-billed cuckoo (Coccyzus americanus). Yellow-billed cuckoos are associated with open deciduous woodlands and deciduous forests that are at least 25 acres in size (NatureServe 2023). DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 8 File No. 9186-160-00 Yellow-billed cuckoos are not expected to occur in the action area where there are limited to no forested areas. The likelihood of a yellow-billed cuckoo entering the action area is minimal to none. Therefore, no effect to yellow-billed cuckoo are expected to occur from project activities. ■ Dolly Varden (Salvelinus malma). Dolly Varden are listed as proposed by the USFWS based on similarity of appearance to Bull Trout. None of the effects of this project would discriminate ESA species based on appearance; therefore, effects of the project on Dolly Varden are covered in this BE through discussion of Bull Trout. Dolly Varden are not addressed in the remainder of this document. 5.0 POTENTIAL EFFECTS OF THE ACTION Potential direct effects resulting from the surveying activities in the vicinity of the project will be minor in scale, short term, and temporary in duration. These potential effects include the following: ■ Increased in-air noise: In-air noise is expected to travel up to 500 feet across “soft-sites” and up to 890 feet across “hard-sites”. ■ Increased underwater noise: In- water noise will be minor in scale due to the size of the sampling “pipe” and the use of an outer casing filled with mud, which will attenuate noise. ■ Localized sedimentation: Minor releases of sediment will occur when the anchors and containment casing make contact with the sea/lake floor. The containment casing will minimize the likelihood of a release of sediment or drilling fluids during the sampling activities. ■ Accidental spills of fuel or oils: Although there is a slight chance for release of deleterious materials from sampling equipment, and Spill Prevention Control and Countermeasures (SPCC) plan will be prepared for the project and BMPs will be used to prevent the release of fuel or oils into the Puget Sound and Lake Washington. Currently, the levels of human activity, disturbance, and boat traffic in the area surrounding the project sites are high. The proposed project will not significantly alter or add to existing activity or disturbance levels and land use is not changing; therefore, no delayed consequences resulting from the project are anticipated. There are no known interrelated or interdependent activities scheduled to occur in the vicinity of the project site, nor are such activities expected to occur as a result of the project. 6.0 EFFECTS DETERMINATIONS The project will have No Effect on ESA-listed species or designated critical habitats. Although the species identified in this letter report could potentially be present, the project action area does not contain habitat crucial to survival of these species. Non-crucial habitat is located within the project area, but other suitable habitat is available adjacent to the site. Additionally, the project will not affect prey species of listed ESA species and the presence of listed ESA species is unlikely during construction. Marbled Murrelet. Marbled murrelets forage in waters from 80 to 260 feet deep and from 0.2 to 1.2 miles offshore (61 FR 26255-26320). Even when not foraging, they spend most of their time on the water. Marbled murrelets may, therefore, be in the project action area. However, the work will be done in areas known for recreational and commercial boating activities and the borings will take half a day each DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 9 File No. 9186-160-00 (5 days total) to complete. In addition, underwater and in-air noise is expected to be minimal and not above normal noise levels that would disturb marbled murrelets. Therefore, the proposed project activities will have No Effect on Marbled murrelet. Puget Sound Chinook Salmon. Chinook Salmon may occur in the project action area; however, underwater noise levels are expected to be minimal and there will be less than 0.7-square-foot of potential ground disturbance. Post construction, land/water use, and water quantity will not be changing. Potential impacts are minor, temporary in nature, and will not affect the aquatic species. Therefore, the proposed project activities will have No Effect on Chinook salmon. Chinook Salmon Critical Habitat. The project area contains Primary Constituent Elements (PCEs) 2 and 3; open water and nearshore lacustrine areas are present in the action area but will not be adversely affected by the project. The project area also contains PCEs 4 (Estuarine Areas), 5 (Near Shore Marine Areas), and 6 (Offshore Marine Areas). No long-term impacts to habitat will result from the proposed project because water quantity and quality is not changing, and no new structures are being constructed waterward of the HTL/OHWM. Therefore, the project will have No Effect on Chinook Salmon critical habitat. Bull Trout. Bull Trout may occur in the project action area; however, underwater noise levels are expected to be minimal and there will be less than 0.7-square-foot of potential ground disturbance. Post construction, land/water use, and water quantity will not be changing. Potential impacts are minor, temporary in nature, and will not affect the aquatic species. Therefore, the proposed project activities will have No Effect on Bull Trout. Bull Trout Critical Habitat. The project area contains PCEs 1, 2, 3, 4, 7, and 8. Open water and nearshore marine and lacustrine areas are present in the action area but will not be affected by the project. It is assumed that within the action area, water temperatures, and substrates of sufficient amount and size support Bull Trout use. PEC 5 is not present in the action area. No long-term impacts to habitat will result from the proposed project because water quantity and quality is not changing, and no new structures are being constructed waterward of the HTL/OHWM. Therefore, the project will have No Effect on Bull Trout critical habitat. Puget Sound Steelhead. Steelhead may occur in the project action area; however, underwater noise levels are expected to be minimal and there will be less than 0.7-square-foot of potential ground disturbance. Post construction, land/water use, and water quantity will not be changing. Potential impacts are minor, temporary in nature, and will not affect the aquatic species. Therefore, the proposed project activities will have No Effect on Steelhead. Southern Resident Killer Whale. Southern Resident killer whales (SRKW) are known to use Puget Sound on a seasonal basis. SRKW generally follow the chum salmon migration in the fall. Non-crucial habitat present within the project area lies adjacent to other suitable habitat and SRKW prey species will not be affected by the project. Underwater noise levels are also expected to be minimal and of short duration. Therefore, the project will have No Effect on SRKW. Southern Resident Killer Whale Critical Habitat. SRKW critical habitat is present within the project area. The three PCEs for SRKW critical habitat are: (1) Water quality to support growth and development; (2) prey species of sufficient quantity, quality, and availability to support individual growth, reproduction DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 10 File No. 9186-160-00 and development, as well as overall population growth; and; (3) Passage conditions to allow for migration, resting, and foraging. The project area extends out into waters greater than 20 feet in depth and therefore, contains PCE 1. The area is a documented migration route for returning adult salmon and therefore, contains PCE 2. Also, the project area is known to be used by migrating SRKW during the fall salmon runs and therefore, the site contains PCE 3. No long-term impacts to habitat will result from the proposed project because water quantity and quality is not changing, and no new structures are being constructed waterward of the HTL/OHWM. The project is anticipated to not affect prey species. Therefore, the project will have No Effect on SRKW critical habitat. Bocaccio. Bocaccio may occur in the project area, but presence is unlikely during the surveying activities. Non-crucial bocaccio habitat is present within the project area, but other habitat is available adjacent to the site. No long-term impacts to habitat will result from the proposed project because water quantity and quality is not changing, and no new structures are being constructed waterward of the HTL/OHWM. Therefore, the proposed sampling activities will have No Effect on bocaccio. Yelloweye Rockfish. Yelloweye rockfish may occur in the project area, but presence is unlikely during the surveying activities. Non-crucial yelloweye rockfish habitat is present within the project area, but other habitat is available adjacent to the site. No long-term impacts to habitat will result from the proposed project because water quantity and quality is not changing, and no new structures are being constructed waterward of the HTL/OHWM. Therefore, the proposed sampling activities will have No Effect on yelloweye rockfish. Rockfish Critical Habitat. Rockfish critical habitat has been designated within Puget Sound and is located within the project action area (79 FR 68042-68087). The PCEs have been grouped depending on species and life stage. Specific PCEs that have been identified for adult Bocaccio, and adult and juvenile Yelloweye Rockfish critical habitat include: (1) quantity, quality, and availability of prey species to support individual growth, survival, reproduction, and feeding opportunities; (2) water quality and sufficient levels of dissolved oxygen to support growth, survival, reproduction, and feeding opportunities; and (3) the type and amount of structure and rugosity that supports feeding opportunities and predator avoidance. Areas of the Puget Sound affected by underwater borings contain all three PCEs. Specific PCEs that have been identified for juvenile Bocaccio critical habitat include: (1) quantity, quality, and availability of prey species to support individual growth, survival, reproduction, and feeding opportunities; and (2) water quality and sufficient levels of dissolved oxygen to support growth, survival, reproduction, and feeding opportunities. Areas of the Puget Sound affected by underwater borings contain all three PCEs. No long-term impacts to habitat will result from the proposed project because water quantity and quality is not changing, and no new structures are being constructed waterward of the HTL/OHWM. The project is anticipated to not affect prey species. Therefore, the project will have No Effect on rockfish critical habitat. DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 11 File No. 9186-160-00 7.0 CONCLUSIONS It is our understanding that this “No Effects” letter satisfies PSE’s responsibilities under Section 7 (c) of the ESA at this time. PSE will continue to remain aware of any change in status of these species and will be prepared to re-evaluate potential project impacts if necessary. 7.1. Essential Fish Habitat Assessment The federal Magnuson-Stevens Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires federal agencies to consult with NOAA Fisheries regarding activities that may adversely affect essential fish habitat for federally managed marine fish. In addition, the statute requires fishery management councils to include descriptions of essential fish habitat in all federal fishery management plans. Salmonids and groundfish species may occur within the action area. Coastal pelagic species are not present within the project action area. The project will have no adverse effect on essential fish habitat for Pacific salmon, coastal pelagic fish species, or groundfish species. 8.0 LIMITATIONS GeoEngineers has prepared this No Effect Biological Evaluation Report in general accordance with the scope and limitations of our proposal. Within the limitations of scope, schedule, and budget, our services have been executed in accordance with the generally accepted practices for ESA consultations in this area at the time this report was prepared. No warranty or other conditions, express or implied, should be understood. This report has been prepared for the exclusive use of Puget Sound Energy, authorized agents and regulatory agencies following the described methods and information available at the time of the work. No other party may rely on the product of our services unless we agree in advance to such reliance in writing. The information contained herein should not be applied for any purpose or project except the one originally contemplated. The applicant is advised to contact all appropriate regulatory agencies (local, state, and federal) prior to design or construction of any development to obtain necessary permits and approvals. 9.0 REFERENCES 61 FR 26255-26320. 50 CFR Part 17. Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Marbled Murrelet; Final Rule. Federal Register, Vol. 62, No. 102. 1996. 79 FR 68042-68087. 2014. Endangered and Threatened Species; Designation of Critical Habitat for the Puget Sound/Georgia Basin Distinct population Segments of Yelloweye Rockfish, Canary Rockfish and Bocaccio; Final Rule. Department of Commerce, National Oceanic and Atmospheric Administration. Federal Register, Vol. 79, No. 219. November 13, 2014. Code of Federal Regulations (CFR). 2005. Title 50: Wildlife and Fisheries. Section 402.02 – Definitions. DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 12 File No. 9186-160-00 Griffith, Clay. 2013. Personal communication between Lyle Stone of GeoEngineers and Clay Griffith of Holocene Drilling. April 19, 2013. National Oceanic and Atmospheric Administration (NOAA) Fisheries. 2023a. Species Directory. Available at: https://www.fisheries.noaa.gov/species-directory/threatened-endangered?title=&species_ category=any&species_status=any&regions=1000001126&items_per_page=25&sort= National Oceanic and Atmospheric Administration (NOAA) Fisheries. 2023b. Protected Resources App. West Coast Region. Available at: https://www.webapps.nwfsc.noaa.gov/portal/ apps/webappviewer/index.html?id=7514c715b8594944a6e468dd25aaacc9 NatureServe Explorer. 2023. Available at: http://www.natureserve.org/explorer/. Public Law 104-267. Sustainable Fisheries Act. Senate Report. S39. Senate Commerce, Science and Transportation Committee. Available at: https://www.congress.gov/congressional-report/104th- congress/senate-report/276/1 United States Fish and Wildlife Service (USFWS). 2022. Official Species List. Project Code: 2023- 0022539. United States Fish and Wildlife Service (USFWS). 2023. Critical Habitat for Threatened and Endangered Species. Available at: https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap =9d8de5e265ad4fe09893cf75b8dbfb77 Washington Department of Fish and Wildlife (WDFW). 2023. Priority Habitats and Species (PHS) Mapping Application. Available at: http://wdfw.wa.gov/mapping/phs/. Washington State Department of Transportation (WSDOT). 2022 Biological Assessment Preparation Manual and Template. Available at: https://wsdot.wa.gov/engineering-standards/environmental- guidance/endangered-species-act-essential-fish-habitat DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Puget Sound Energy | April 27, 2023 Page 13 File No. 9186-160-00 We appreciate the opportunity to be of service to Puget Sound Energy. Please call if you require more information or have questions regarding this report. Sincerely, GeoEngineers, Inc. Jennifer L. Dadisman, PWS Joseph O. Callaghan, MS, PWS Senior Biologist Principal Fisheries Biologist JLD:JOC:tlm Attachments: Figure 1. Vicinity Map Figures 2 through 6. Action Area Appendix A. Threatened and Endangered Species Lists One electronic copy submitted Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 160 Manches ter State P ark W E S T S E A T T L E W H I T E C E N T E R 160 N O R M A N D Y P A R K O L A L L A M T V I E W A R B O R H E I G H T S V A S H O N 99 5 N E W C A S T L E M E R C E R I S L A N D B E L L E V U E S E A T T L E 516 509 509 509 515 99 5 D E S M O I N E S T U K W I L A S E A T A C K E N T R E N T O N B U R I E N J C A E D G H I Vicinity Map Figure 1 PSE Submarine Cable Testing King and Kitsap Counties, Washington 3 Alpine Lakes Wilder nes s Kent Tacoma Seattle 0 2.5 Miles P:\9\9186160\GIS\9186160_Project\9186160_Project.aprx\918616000tsk9900_F01_VicinityMap Date Exported: 03/17/23 by ccabreraSource(s): • ESRI Coordinate System: NAD 1983 UTM Zone 10N Disclaimer: This figure was created for a specific purpose and project. Any use of this figure for any other project or purpose shall be at the user's sole risk and without liability to GeoEngineers. The locations of features shown may be approximate. GeoEngineers makes no warranty or representation as to the accuracy, completeness, or suitability of the figure, or data contained therein. The file containing this figure is a copy of a master document, the original of which is retained by GeoEngineers and is the official document of record. Legend Boring Location DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Brittney Ln SES WBankRd137th Ave SWSEFr a g a ria RdMcIntyreRdSWSWCo v eRdCrescentDrSWSEWillockRdWestsideHwySWBoring Location A (Marine) Boring Location C (Marine) 0 1,000 Feet Land Action Area = 500 feet Water Action Area = 890 feet Source(s): • Bing Imagery Legend Boring Location Action Area P:\9\9186160\GIS\9186160_Project\9186160_Project.aprx\918616000_F02_ActionArea_ABC Date Exported: 03/17/23 by ccabrera Coordinate System: NAD 1983 StatePlane Washington North FIPS 4601 Feet Action Area PSE Borings for Site Survey King and Kitsap Counties, Washington Figure 2 Disclaimer: This figure was created for a specific purpose and project. Any use of this figure for any other project or purpose shall be at the user's sole risk and without liability to GeoEngineers. The locations of features shown may be approximate. GeoEngineers makes no warranty or representation as to the accuracy, completeness, or suitability of the figure, or data contained therein. The file containing this figure is a copy of a master document, the original of which is retained by GeoEngineers and is the official document of record. DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 51st Ln SW50thPlSW4 7 thPlSW49th Pl SW43rdAveSW48th Pl SW49th Ave SWSW 2 4 4 t h S t47th Ave SWSW Point Robinson Rd SW Luana B each Rd Boring Location E (Marine) Boring Location D (Marine) 0 1,000 Feet Source(s): • Bing Imagery Legend Boring Location Action Area P:\9\9186160\GIS\9186160_Project\9186160_Project.aprx\918616000_F03_ActionArea_DE Date Exported: 03/27/23 by ccabrera Coordinate System: NAD 1983 StatePlane Washington North FIPS 4601 Feet Action Area PSE Borings for Site Survey King and Kitsap Counties, Washington Figure 3 Disclaimer: This figure was created for a specific purpose and project. Any use of this figure for any other project or purpose shall be at the user's sole risk and without liability to GeoEngineers. The locations of features shown may be approximate. GeoEngineers makes no warranty or representation as to the accuracy, completeness, or suitability of the figure, or data contained therein. The file containing this figure is a copy of a master document, the original of which is retained by GeoEngineers and is the official document of record. Land Action Area = 500 feet Water Action Area = 890 feet DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 WA-516WA-509Clif f A v e S12thPlSS 2 2 6t h Pl S 235th Pl S 236th Pl12th Ave SS 226th St S 225th St 16th PlSS 234th Pl Thund er bi r dDrS9th Ave SS 230th St S 227th St 1 7 t h A v e SS 232nd St 19th Ave S15th Ave S14th Ave S8th Ave SDockAveS13th Ave S18th A ve S7th Ave S6th Ave S10th Ave S16th Ave SS 223rd St S 222nd St UV516 UV509 16thAveSSKe n t d e s Mo i n es RdMarine View Dr SBoring Location G (Marine) 0 1,000 Feet Source(s): • Bing Imagery Legend Boring Location Action Area P:\9\9186160\GIS\9186160_Project\9186160_Project.aprx\918616000_F04_ActionArea_G Date Exported: 03/17/23 by ccabrera Coordinate System: NAD 1983 StatePlane Washington North FIPS 4601 Feet Action Area PSE Borings for Site Survey King and Kitsap Counties, Washington Figure 4 Disclaimer: This figure was created for a specific purpose and project. Any use of this figure for any other project or purpose shall be at the user's sole risk and without liability to GeoEngineers. The locations of features shown may be approximate. GeoEngineers makes no warranty or representation as to the accuracy, completeness, or suitability of the figure, or data contained therein. The file containing this figure is a copy of a master document, the original of which is retained by GeoEngineers and is the official document of record. Land Action Area = 500 feet Water Action Area = 890 feet DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 C a sc a d e K y120th Ave SEFortuna DrS k a g it Ky113th Ave SESE 29th St SE 30th St Orcas K y95thCtSESE35thSt S E 33rd St SE 31st St SE 39th St S E35th Pl 107t h A v eSEE S h orewoodDr90t hPlSE90th Ave SE91stAveSEEM ercerW ay97th Ave SESE4 1 s t S t Tulalip Ky Lopez KySE 42nd StShorewoodDr 94th Ave SEGlacier Ky Lummi Ky SE 28th St S h ore ClubDr93rd Ave SE1 0 6 t h A v e S E NewportKy92ndAveSESELakeRd SE 40th St109th Ave SE110th Ave SE96t hAveSESE 40th StNMercerWa y I-90 W I-90 E 108th Ave SESE 40th St SE 34thSt GallagherHillRd112thAveSESE 36th St EMercerWayMerce rwood D r 118thAveSE¨§¦90 ¨§¦90 Boring Location H (Marine) 0 1,000 Feet Source(s): • Bing Imagery Legend Boring Location Action Area P:\9\9186160\GIS\9186160_Project\9186160_Project.aprx\918616000_F05_ActionArea_H Date Exported: 03/17/23 by ccabrera Coordinate System: NAD 1983 StatePlane Washington North FIPS 4601 Feet Action Area PSE Borings for Site Survey King and Kitsap Counties, Washington Figure 5 Disclaimer: This figure was created for a specific purpose and project. Any use of this figure for any other project or purpose shall be at the user's sole risk and without liability to GeoEngineers. The locations of features shown may be approximate. GeoEngineers makes no warranty or representation as to the accuracy, completeness, or suitability of the figure, or data contained therein. The file containing this figure is a copy of a master document, the original of which is retained by GeoEngineers and is the official document of record. Land Action Area = 500 feet Water Action Area = 890 feet DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 SE 76th St NE51st S t Lewis Ln S E 7 6 t h P l Seahawks Way86t hA v e S E S E 7 9 th St SE 83rd St NE 50 t h St 89th Pl SE113th Pl SESE 72nd St 111th Pl SENE 43rd St SE 82nd St SE 74th Pl SE 79th Pl 113th Ave SE114thAveSEAvalonPlN 4 1 s t P l115thAveSESE7 2 nd St SE 69th P l 87thAveSE92ndPlS E SE 80th St SE 80th St 96thAveSEWilliamsAveNS E 8 2 n d S t85thAveSE91stAveSE115th Ct SEN 42nd Pl Jones Ave NESE 78th St SE71stSt 92nd Ave SESE 72nd Pl Hillside Ln RipleyLnSELakeWashingtonBlvdN93rdAveSERipleyLnNA va lo n D rSE 68th St SE70t hPl IslandCrestWayEMercerWayN E 4 4 t h St SE 68th St LakeWashingtonBlvdNELincolnAveNESE 68th St I-405 SI-405NLake Washington Blvd SE¨§¦405 Boring Location I (Marine) Boring Location J (Marine) 0 1,000 Feet Source(s): • Bing Imagery Legend Boring Location Action Area P:\9\9186160\GIS\9186160_Project\9186160_Project.aprx\918616000_F06_ActionArea_IJ Date Exported: 03/17/23 by ccabrera Coordinate System: NAD 1983 StatePlane Washington North FIPS 4601 Feet Action Area PSE Borings for Site Survey King and Kitsap Counties, Washington Figure 6 Disclaimer: This figure was created for a specific purpose and project. Any use of this figure for any other project or purpose shall be at the user's sole risk and without liability to GeoEngineers. The locations of features shown may be approximate. GeoEngineers makes no warranty or representation as to the accuracy, completeness, or suitability of the figure, or data contained therein. The file containing this figure is a copy of a master document, the original of which is retained by GeoEngineers and is the official document of record. Land Action Area = 500 feet Water Action Area = 890 feet DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 APPENDIX A Threatened and Endangered Species Lists DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Species Directory All Species ESA Threatened & Endangered Marine Mammals Sustainable Fisheries ESA Threatened & Endangered NOAA Fisheries has jurisdiction over 165 endangered and threatened marine species (79 endangered; 85 threatened), including 65 foreign species (39 endangered; 26 threatened). Additional species are currently under review or have been proposed for Endangered Species Act listing: 0 petitioned species awaiting a 90-day finding, 14 candidate species for ESA listing, 0 proposed species for ESA listing. [DISCLAIMER: THIS LIST HAS BEEN ALTERED TO REMOVE SPECIES THAT DO NOT OCCUR IN CENTRAL PUGET SOUND AND REFORMATTED TO REDUCE BLANK SPACE AND OVERALL PAGE COUNT] Bocaccio Sebastes paucispinis SPECIES CATEGORY Fish, Protected Fish DPS OR SUBSPECIES Puget Sound/Georgia Basin DPS STATUS ESA Endangered YEAR LISTED 2010 RECOVERY PLAN Final CRITICAL HABITAT Final REGION Alaska West Coast Chinook Salmon - Protected Oncorhynchus tshawytscha SPECIES CATEGORY Fish, Protected Fish Salmon & Steelhead DPS OR SUBSPECIES Puget Sound STATUS ESA Threatened YEAR LISTED 1999 RECOVERY PLAN Final CRITICAL HABITAT Final REGION Alaska West Coast Eulachon Thaleichthys pacificus SPECIES CATEGORY Fish, Protected Fish DPS OR SUBSPECIES Southern DPS STATUS ESA Threatened YEAR LISTED 2010 RECOVERY PLAN Final CRITICAL HABITAT Final REGION Alaska West Coast DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Green Sturgeon Acipenser medirostris SPECIES CATEGORY Fish, Protected Fish DPS OR SUBSPECIES Southern DPS STATUS ESA Threatened YEAR LISTED 2006 RECOVERY PLAN Final CRITICAL HABITAT Final REGION Alaska West Coast Humpback Whale Megaptera novaeangliae SPECIES CATEGORY Whales DPS OR SUBSPECIES Central America DPS STATUS ESA Endangered YEAR LISTED 2016 RECOVERY PLAN Final CRITICAL HABITAT Proposed REGION West Coast DPS OR SUBSPECIES Mexico DPS STATUS ESA Threatened YEAR LISTED 2016 RECOVERY PLAN Final CRITICAL HABITAT Proposed REGION Alaska West Coast Killer Whale Orcinus orca SPECIES CATEGORY Whales, Dolphins & Porpoises DPS OR SUBSPECIES Southern Resident DPS STATUS ESA Endangered YEAR LISTED 2005 RECOVERY PLAN Final CRITICAL HABITAT Proposed Revision REGION Alaska West Coast Steelhead Trout Oncorhynchus mykiss SPECIES CATEGORY Fish, Protected Fish Salmon & Steelhead DPS OR SUBSPECIES Puget Sound DPS STATUS ESA Threatened YEAR LISTED 2007 RECOVERY PLAN Final CRITICAL HABITAT Final REGION Alaska West Coast Yelloweye Rockfish Sebastes ruberrimus SPECIES CATEGORY Fish, Protected Fish DPS OR SUBSPECIES Puget Sound/ Georgia Basin DPS STATUS ESA Threatened YEAR LISTED 2010 RECOVERY PLAN Final CRITICAL HABITAT Final REGION Alaska West Coast DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 December 07, 2022 United States Department of the Interior FISH AND WILDLIFE SERVICE Washington Fish And Wildlife Office 510 Desmond Drive Se, Suite 102 Lacey, WA 98503-1263 Phone: (360) 753-9440 Fax: (360) 753-9405 In Reply Refer To: Project Code: 2023-0022539 Project Name: Thermal Survey Borings for Site Investigation Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 12/07/2022   2    evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 12/07/2022   3    ▪ Attachment(s): Official Species List DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 12/07/2022   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Washington Fish And Wildlife Office 510 Desmond Drive Se, Suite 102 Lacey, WA 98503-1263 (360) 753-9440 DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 12/07/2022   2    Project Summary Project Code:2023-0022539 Project Name:Thermal Survey Borings for Site Investigation Project Type:Subsurface Exploration - Other Energy Project Description:Puget Sound Energy (PSE) is in the process of completing survey activities to evaluate site conditions in order to design a replacement cable crossing that will be completed as a separate project in the future. The thermal survey work is needed to analyze the site conditions and will be conducted by completing borings along the existing cable line. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@47.57794275,-122.19939896785534,14z Counties:King and Kitsap counties, Washington DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 12/07/2022   3    1. Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS North American Wolverine Gulo gulo luscus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5123 Proposed Threatened Birds NAME STATUS Marbled Murrelet Brachyramphus marmoratus Population: U.S.A. (CA, OR, WA) There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4467 Threatened Yellow-billed Cuckoo Coccyzus americanus Population: Western U.S. DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3911 Threatened Fishes NAME STATUS Bull Trout Salvelinus confluentus Population: U.S.A., conterminous, lower 48 states There is final critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8212 Threatened 1 DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 12/07/2022   4    Insects NAME STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate Critical habitats There is 1 critical habitat wholly or partially within your project area under this office's jurisdiction. NAME STATUS Bull Trout Salvelinus confluentus https://ecos.fws.gov/ecp/species/8212#crithab Final DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 12/07/2022   5    IPaC User Contact Information Agency:GeoEngineers, Inc. Name:Jennifer Dadisman Address:1101 S. Fawcett Avenue, Suite 200 City:Tacoma State:WA Zip:98402 Email jdadisman@geoengineers.com Phone:2533834940 DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 1 Clark Close From:Christopher, Anne <Christopher.Anne@epa.gov> Sent:Friday, August 18, 2023 3:18 PM To:Clark Close Cc:Yackulic, Ted; Vanessa Dolbee Subject:RE: PSE Boring Project Thank you for following up on this, Clark. I am glad to see that they were able to just move the sampling location. If/when PSE is ready to actually replace the cable, let’s be in touch about the status of the CERCLA site cleanup at that time. Thanks, Anne CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. From: Clark Close <CClose@Rentonwa.gov> Sent: Wednesday, August 16, 2023 8:55 AM To: Christopher, Anne <Christopher.Anne@epa.gov> Cc: Yackulic, Ted <yackulic.ted@epa.gov>; Vanessa Dolbee <VDolbee@Rentonwa.gov> Subject: RE: PSE Boring Project Annie, Please find attached response letter from PSE. Let me know if you have any further comments or questions before we issue the permit. Thanks, CLARK CLOSE, Principal Planner City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 Virtual Permit Center | Online Applications and Inspections (425) 430-7289 | cclose@rentonwa.gov ================= Anne Christopher, Remedial Project Manager, Site Cleanup Section #2 Office of Environmental Cleanup U.S. EPA Region 10, OR Operations Office 805 SW Broadway, Suite 500 Portland, OR 97205 503.326.6554 christopher.anne@epa.gov ================= Attachment 4 DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Esri Community Maps Contributors, City of Bellevue, WA, City of Renton, King County, WA State Parks GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, EagleView Technologies, Inc. The information on the attached map is subject to change without notice. Puget Sound Energy makes no representation or warranty of suitability of this information for any purpose. This map is not to be used for determining the actual location of any PSE facilities. This document may contain Critical Energy Infrastructure Information (CEII), the use or disclosure of which is restricted. Copyright ©2012. All rights reserved Property of Puget Sound Energy Maps, Records and Technology 355 110th AVE NE, BELLEVUE, WA, 98004 NAD_1983_StatePlane_Washington_North_FIPS_4601_Ft Date: 7/25/2023 ± 0 90 180 27045US Feet Quendall Cable Station Parcel #29240HYDR Submarine Cable Thermal Testing 1:2,950 Boring Location I OU2 Boundary OU1 Boundary Aquatic Area King County Parcel Boundaries RECEIVED Clark Close 08/16/2023 PLANNING DIVISION Attachment 1 OU1 OU2 Quendall Cable Station (PSE) Virginia Mason Athletic Center Lake Washington Ordinary High Water Mark (OHWM) Boring Location I Lat/Long = 47.536469, -122.205542 DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 Attachment 2RECEIVEDClark Close 05/22/2023PLANNING DIVISIONDocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7 DocuSign Envelope ID: EFCEA51B-D01B-480D-8539-AB8562366DB7