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HomeMy WebLinkAboutSWP273046(1)Environmental Assessment Cedar River Side Channel Replacement Project King County, Washington Summer 2003 US Army Carps of EngineersT) Seattle District Cedar River Side Channel Replacement Project King County, Washington Summer 2003 Draft Environmental Assessment Responsible Agencies: The responsible agency for this maintenance work is the U.S. Army Corps of Engineers, Seattle District. Abstract: This document evaluates the impacts of the Cedar River Side Channel Replacement Project. The United States Army Corps of Engineers (USAGE), with the City of Renton as the local project sponsor, constructed the Cedar River Section 205 Flood Control Project between 1998 and 2000. The project consisted of dredging within, and constructing concrete floodwalls and earthen levees along the lower 1.25 miles of the Cedar River. A groundwater -spawning channel constructed near River Mile 5.0 of the Cedar River (within Ron Regis Park) was also constructed during this time period to serve as mitigation for the assumed loss of salmonid spawning habitat in the lower 1.25 miles of the Cedar River following the initial and maintenance river dredging operations. Maintenance dredging was assumed to occur every 3 to 10 years to maintain the flood protection benefits. During the February 28, 2001 Nisqually Earthquake, a landslide occurred adjacent to the groundwater spawning channel and resulted in the loss of the channel's function as off -channel habitat. In response, the City of Renton requested and obtained assistance from the USACE under Public Law 84-99 to replace the channel to provide the long-term mitigation required for the Cedar River Section 205 Flood Damage Control Project. During the summer of 2003, the Corps is planning to construct the Cedar River Side Channel Replacement Project. The proposed work includes replacing the earthquake -damaged side channel with a new river -fed channel containing habitat features suitable for salmonid spawning and rearing located between River Mile 3.4 and 3.6. THE OFFICIAL COMMENT PERIOD ON THIS ENVIRONMENTAL ASSESSMENT is Please send questions and requests for additional information to: Mr. Rustin Director Environmental Resources Section U.S. Army Corps of Engineers P.O. Box 3775 Seattle, Washington 98124-3755 rustin.a.director@usace.army.mil 206-764-3636 Draft Environmental Assessment Page ii Cedar River Side Channel Replacement Project Summer 2003 TABLE OF CONTENTS 1. Introduction..................................................................................................................1 1.1 Location.....................................................................................................................1 1.2 Background................................................................................................................1 1.3 Project Purpose and Need..........................................................................................2 1.4 Authority....................................................................................................................2 2. Proposed Action and Alternatives Analysis................................................................2 2.1 Description of the Proposed Action...........................................................................2 2.2 Alternatives................................................................................................................3 3. Existing Environment..................................................................................................3 3.1 Geology/Soils/Sediments...........................................................................................3 3.2 Water Quality.............................................................................................................4 3.3 Vegetation..................................................................................................................4 3.4 Fish............................................................................................................................4 3.5 Wildlife......................................................................................................................5 3.6 Threatened and Endangered Species.........................................................................5 3.7 Cultural Resources and Native American Concerns.................................................6 3.8 Landuse...................................................................................................................... 6 3.9 Utilities and Public Services......................................................................................6 3.10 Air Quality and Noise..............................................................................................6 3.11 Transportation..........................................................................................................6 3.12 Socio-Economics.....................................................................................................6 3.13 Recreation................................................................................................................6 3.14 Aesthetics.................................................................................................................7 4. Environmental Effects.................................................................................................7 4.1 Geology and Hydrology............................................................................................7 4.2 Water Quality.............................................................................................................7 4.3 Vegetation..................................................................................................................8 4.4 Fish............................................................................................................................8 4.5 Threatened and Endangered Species.........................................................................8 4.6 Cultural Resources and Native American Concerns.................................................9 4.7 Landuse......................................................................................................................9 4.8 Utilities and Public Services......................................................................................9 4.9 Air Quality and Noise................................................................................................9 4.10 Transportation..........................................................................................................9 4.11 Socio-Economics.....................................................................................................9 4.12 Recreation................................................................................................................9 4.13 Aesthetics.................................................................................................................9 5. Unavoidable Adverse Effects....................................................................................10 6. Irreversible and Irretrievable Commitments of Resources........................................10 7. Cumulative Impacts...................................................................................................10 8. Coordination..............................................................................................................10 9. Environmental Compliance.......................................................................................10 9.1 National Environmental Policy Act.........................................................................I I Draft Environmental Assessment Page iii Cedar River Side Channel Replacement Project Summer 2003 9.2 Endangered Species Act Section 7 Consultation.....................................................11 9.3 Clean Water Act Compliance..................................................................................11 9.4 Coastal Zone Management Act Consistency...........................................................11 9.5 Hydraulic Permit Approval......................................................................................11 9.6 Fish and Wildlife Coordination Act........................................................................11 9.7 National Historic Preservation Act..........................................................................11 9.8 Executive Order 12898, Environmental Justice......................................................12 10. Conclusion.............................................................................................................12 11. References..............................................................................................................12 TABLE 1. Protected Species Potentially Occurring in the Project Vicinity .................. ??? TABLE 2. Determination Summary Table..................................................................... ??? APPENDIX A. Figures and Design Drawings FIGURE 1. Location and Vicinity Map............................................................... A-?? FIGURE 2. Plan and Section Views.....................................................................A-?? FIGURE 3. Marine Resources in the Vicinity of Ediz Hook . .............................. A-?? APPENDIX B. Photographs of the Project Site Draft Environmental Assessment Page iv Cedar River Side Channel Replacement Project Summer 2003 1. INTRODUCTIONS Pursuant to the National Environmental Policy Act (NEPA) 's Environmental Assessment evaluates the impacts of construction of a side channel n r river milea(RM) 3.4 and 3.6 along the Cedar River in the City of Renton, King County Washington. The goal of the project is to create off -channel spawning and rearing habitat for salmonids (primarily sockeye and Chinook) within the Cedar River basin. The new spawning and rearing habitat (about 10,000 square feet) will serve as a direct replacement for the groundwater channel that was destroyed as a result of the 2001 Nisqually Earthquake. The groundwater channel was originally constructed as mitigation for the United States Army Corps of Engineers Cedar River Section 205 Flood Hazard Reduction Project. 1.1 Location This project is located in the floodplain along the left bank between RM 3.4 and 3.6 on the Cedar River in the City of Renton, King County Washington (T21N, R05E, Section 21). The project location is east of the Royal Hills Neighborhood; west of the Maple Garden Neighborhood within City owned property. 1.2 Background The United States Army Corps of Engineers (USACE), with the City of Renton as the local project sponsor, constructed the Cedar River Section 205 Flood Control Project between 1998 and 2000. The project consisted of dredging within, and constructing concrete floodwalls and earthen levees along the lower 1.25 miles of the Cedar River. A groundwater -spawning channel constructed near River Mile 5.0 of the Cedar River (within Ron Regis Park) was also constructed during this time period to serve as mitigation for the assumed loss of salmonid spawning habitat in the lower 1.25 miles of the Cedar River following the initial and maintenance river dredging operations. Maintenance dredging was assumed to occur every 3 to 10 years to maintain the flood protection benefits. During the February 28, 2001 Nisqually Earthquake, a landslide occurred adjacent to the groundwater spawning channel and resulted in the loss of the channel's function as off -channel habitat. In response, the City of Renton requested and obtained assistance from the USACE under Public Law 84-99 to replace the channel to provide the long-term mitigation required for the Cedar River Section 205 Flood Damage Control Project. The City of Renton Surface Water Utility will be required to monitor and maintain the channel to provide spawning and rearing habitat. Monitoring may include: adult and redd counts, fry production surveys, and riparian habitat monitoring. Maintenance may include: cleaning and/or repair of entire channel including intake structure and outlet. Draft Environmental Assessment Page 1 Cedar River Side Channel Replacement Project Summer 2003 1.3 Project Purpose and Need This project is necessary to reestablish a salmonid spawning and rearing side -channel to the Cedar River to fulfill the mitigation agreements betwee th CE and the Washington Department of Fish and Wildlife. These agreement 1.4 Authority The Cedar River Side Channel Project is authorized by Public Law 84-99 (USCA 701n). Corps rehabilitation and restoration work under this authority is limited to flood control works damaged or destroyed by flood. The rehabilitated structure will normally be designed to provide the same degree of protection as the original structure. Because the 1988 groundwater -fed side channel was an essential feature of the Section 205 Cedar River Flood Control Project, the PL 84-99 authority authorizes its rehabilitation or replacement. 2. PROPOSED ACTION AND ALTERNATIVES ANALYSIS 2.1 Description of the Proposed Action The project consists of the following construction elements: • The construction of an intake structure (consisting of concrete box culvert, trash rack, control valve, geogrids, and approximately 140 feet of pipe) at the upstream end of the channel to convey flow from the Cedar River. • The construction of an open -channel outlet approximately 1,200 feet downstream from the intake structure in order to allow flow to re-enter the Cedar River and adult/juvenile fish to migrate to or from the channel. • The excavation of approximately 6 00 cubic yards of floodplain sediments (i.e., gravel, sand and silts) and shaping for a distance of 1,000 feet within the existing drainage course in order to create the replacement channel. • The addition of large woody debris — approximately 5 to 10 clusters of three pieces of wood — to create rearing pools and to stabilize banks within the constructed channel. • The addition 600-900 cubic yards of gravel to create spawning habitat. • The construction of a 12-foot wide gravel -surfaced maintenance path adjacent to the west side of the channel for the length of the project. • The installation of native trees, shrubs and plants at two locations — along the new channel and between the Cedar River and the new channel within an existing disturbed area — in order to mitigate for vegetation disturbance and tree removal (approximately 50 to 100 cottonwood and alder trees) resulting from the construction of the channel and maintenance road. • The installation of a gate across the access road to deter illegal vehicular access. Draft Environmental Assessment Page 2 Cedar River Side Channel Replacement Project Summer 2003 • The installation of educational signs to inform the public of salmon within the Cedar River basin as well as the impacts of illegal activities on tke habitat area. Project construction is anticipated to be completed between M�h throu�h November of 2003 for work outside of the river and between June 15th through August 15 of 2003 for in -river construction. Future maintenance work may be necessary for cleaning and/or repair of the channel, including the intake structure and outlet. 2.2 Alternatives No Action. The no action alternative would not repair or replace the groundwater -spawning channel constructed near River Mile 5.0 of the Cedar River (within Ron Regis Park) that was altered as a result of a landslide triggered by the February 28, 2001 Nisqually Earthquake. However, the landslide changed the main flow of the river resulting in the loss of the channel's function as off -channel salmonid spawning and rearing habitat. Modification to the Existing Elliot Channel. This tive uld involve modification of the existing Elliot Spawning and Rearing Channel, n ar an attempt to increase the available productivity of existing channel. This wou plementing the existing project with more large woody debris, plantings, and spawning gravel as necessary. However, this channel is currently functioning with an adequate rate of production and modification to the channel might have adverse affects to sockeye production and other fish and wildlife species. Creation of a new Channel 7 3. EXISTING ENVIRONMENT 3.1 Geology/Soils/Sediments The northwest/southeast trending valleys that contain the Cedar River,jaadLake Sammamish and,, ,1 iington were formed by the most recent retreat of glaciation approximately 10,000 years ago. The soils are generally glacially deposited, such as till, outwash or glaciolacustrine deposits. The Cedar River valley is composed primarily of alluvium deposited with the meanderings of the Cedar River across its floodplain. Gravels are deposited in many areas of the floodplain, and flow from the river through these gravel deposits manifests itself in the form of groundwater flow where floodplain soils have been excavated. The floodplain soils at the project site are a mix of gravels, sands, and silts from successive flooding events. The project site lies along the southern shore of the Cedar River and occupies a low bench below a steep valley slope. The riverbank is abrupt and appears stable. One swble runs immediately at the base of the valley slope. Another occupies a linear depression at the base of a minor terrace escarpment midway between the valley slope and the river. The proposed spawning channel Draft Environmental Assessment Page 3 Cedar River Side Channel Replacement Project Summer 2003 would be occupying the second swale, which becomes more defined toward the downstream end of the site. At its highest, the terrace rises about 10 feet above the left side (looking downstream) of the swale. 3.2 Water Quality Water quality in the Cedar River is considered Class AA (extraordinary) in the vicinity of the proposed rearing/spawning channel (RM 3.1). During heavy rainstorms and floods there are temporary periods of high turbidity, but otherwise there are no other water quality issues. The floodplain where the rearing/spawning channel will be constructed currently receives river water during flows greater than about 3.3 Vegetation The most prevalent community that occurs throughout the site is a cottonwood/alder forest with an understory of snowberry, salmonberry, and sword fern. In places, vine maple, blackberry, Indian plum, Japanese knotweed, bleeding heart, giant horsetail, and Pacific waterleaf occur. New growth of buttercup and nettle was just becoming evident at the time of field investigations. There is a 300 square foot wetland on site consisting of snowberry, salmonberry, and sword fern. The wetland occupies a relatively long, narrow low spot in the central swale. Approximately 60 to 100 cottonwoods (great than 6-inch diameter) will be felled to construct the channel and maintenance path. er 3.4 Fish According to the Final Environmental Impact Study for the Cedar River 205 Flood Control Project prepared in August of 1997, there are at least 22 species of fish present in the Cedar River. In the vicinity of the project site there are sockeye salmon, chinook salmon, coho salmon, steelhead trout, rainbow trout, cutthroat trout, mountain whitefish, northern squawfish, peamouth chub, three -spine stickleback, largescale sucker, longnose dace, bork lamprey, Pacific lamprey, and several species of sculpin. Bull trout have not been observed in the vicinity of the proposed project, but may occur. The Cedar River adjacent to the proposed project is heavily utilized for spawning by adult sockeye, chinook and coho salmon. The existing natural side channels downstream of the Elliot levee are utilized for rearing by sockeye fry, chinook fry and juveniles, coho and steelhead smolts. Three species listed as threatened under the Endangered Species Act are likely to occur in the project area, including Bald Eagle, Puget Sound ESU chinook salmon, and Puget Sound/Western Washington ESU bull trout. In addition, coho salmon, a candidate species, are also located in the vicinity of the site. Sockeye Sockeye salmon typically spawn in streams that flow into large lakes systems to allow juvenile sockeye to rear for a year or more in a deepwater lake environment before migrating to sea. Prior to the 1930s, Lake Washington was famous for its large populations of kokanee (the freshwater form of the sockeye), but sea -run sockeye salmon were thought to be absent. In the year 1916, the ship canal was opened to serve as a new outlet for Lake Washington and to provide the water needed to operate the just completed Hiram M. Chittenden Locks at Ballard. This combined the Draft Environmental Assessment Page 4 Cedar River Side Channel Replacement Project Summer 2003 extensive spawning grounds of the Cedar River with a large lake -rearing environment, provided an opportunity to develop a major sockeye salmon population in the waters of southern Puget Sound. Sockeye were introduced into the Lake Washington watershed in 1935 (and subsequent years) from the Baker River. The first documented adult returns to Lake Washington were in 1940 when 9,099 sockeye were counted at the Washington Department of Fisheries hatchery on Issaquah Creek. The run gradually increased, and in 1970 an escapement goal of 350,000 spawners was adopted and in 1971 the first directed fisheries occurred. Since then, sockeye returns have significantly fluctuated despite supplementation efforts and harvest restrictions, theoretically due to freshwater and ocean survival constraints, and because of an increased frequency in damaging winter floods (WDFW 2002). 3.5 Wildlife Wildlife species likely to be present at the site and surrounding area are black -tailed deer, cougar, muskrat, coyote, raccoon, Eastern gray squirrel, opossum, beaver, cottontail rabbits, striped skunk, Norway rats, various small rodents, and feral dogs and cats. Red tailed hawks and bald eagles utilize the taller cottonwoods for perching and foraging. Mergansers, mallards and other waterfowl are also present. 3.6 Threatened and Endangered Species In accordance with Section 7(a)(2) of the Endangered Species Act of 1973, as amended, federally funded, constructed, permitted, or licensed projects must take into consideration impacts to federally listed and proposed threatened or endangered species. Several species listed as either threatened or endangered are potentially found in vicinity of the project (see Table 1.). A Biological Assessment (BA) was prepared and submitted to National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) on July 30, 2002. The BA concluded that the proposed project is not likely, adversely affect any species protected under the Act, largely because construction will occuTr when chinook and bull trout are least likely to be present in the project area, and during a portion of the year when bald eagles are most tolerant of disturbance. The individual effect determinations made in the BA are summarized in Table 2. The Corps will not proceed with the proposed work until letters concurring with the determinations made in the BA have been received. Table 1. Protected Species Potentially Occurring in the Project Vicinity Species Listing Critical Habitat Status Bald Eagle Threatened — Haliaeetus leucocephalus Coastal/Puget Sound Bull Trout Threatened — Salvelinu.s confluentus Puget Sound Chinook Salmon Threatened Designated Draft Environmental Assessment Page 5 Cedar River Side Channel Replacement Project Summer 2003 Oncorhynchus tshaw tscha Puget Sound/Strait of Georgia Coho Salmon Candidate — Oncorhynchus kisutch Table 2. Determination Summary Table Species Effect Determination Critical Habitat Determination Bald Eagle Not likely to adversely affect — Bull Trout Not likely to adversely affect — Chinook Not likely to adversely affect Not likely to adversely affect 3.7 Cultural Resources and Native American Concerns There are no known cultural resources in the project area. 3.8 Landuse The project site and adjacent property to the south and east is owned by the City of Renton. All City of Renton property (i.e. site and adjacent parcels) is considered a natural zone area. Located to the west of the project site is a City of Seattle right of way for the East Side Supply Line. 3.9 Utilities and Public Services 3.10 Air Quality and Noise 3.11 Transportation 3.12 Socio-Economics The proposed location has a City of Renton zoning designation as a Resource Conservancy. 3.13 Recreation The current use of the proposed location is an open space with public hiking/walking trails. Draft Environmental Assessment Page 6 Cedar River Side Channel Replacement Project Summer 2003 3.14 Aesthetics The project is located in the wooded flood plain across the Cedar River from several City of Renton residents. 4. ENVIRONMENTAL EFFECTS 4.1 Geology and Hydrology About 6,000 cubic yards of floodplain deposits will be excavated to construct a new spawning and rearing channel within the existing floodplain. The channel will be aligned along the course of a former side channel. The excavated material will be removed from the site. The minimum critical Cedar River flow is 97 cfs per the City of Seattle Habitat Conservation Plan. At this flow rate about 5 to 10 cfs will be conveyed into the new channel. The maximum design flow in the new channel is about 50 cfs. This flow would occur when Cedar River flows are at about 5,500 cfs just prior to levee overtopping. Flow from the Cedar River will enter the channel at the inlet of the new channel and return to the Cedar River after flowing within the new channel system for a distance of about 1,200 ft. 4.2 Water Quality A wetland delineation and description prepared by the U.S. Army Corp of Engineers Environmental Resources Section dated June 5, 2002 was included with the submitted materials. Based on this assessment, there is a wetland situated along the south side of the riverbank in the vicinity of the proposed channel location. The wetland occupies a long, narrow spot and is approximately 300 square feet in size. The proposal includes the excavation of approximately 150 cubic yards of wetland material in order to construct the channel. Pursuant to the wetland criteria under the City's Critical Areas Regulations, the identified wetland area is exempt from regulations requiring mitigation (i.e., replacement and/or restoration). The wetland assessment concludes that outside of this wetland area, the remainder of the site appears to be well drained and the steep riverbank precludes any sort of wetland fringe associated with the shoreline. The project will utilize best management practices, such as silt fencing and other erosion control measures, to ensure no sediments enters the river during construction, and all cleared areas will be mulched, seeded and planted to prevent storm water runoff after construction. The project is limited to in -river construction between the dates of July 15 and August 15 in order to reduce impacts to salmonids. With the exception of the inlet and outlet structures, the project will be constructed without any in -water work. This means that Cedar River water quality will not be impacted during the clearing/grading and excavation work elements related to channel construction. Draft Environmental Assessment Page 7 Cedar River Side Channel Replacement Project Summer 2003 There are no adverse impacts to water quality anticipated from the proposed project. 4.3 Vegetation Native trees and shrubs (that have been observed on -site) will be planted in disturbed areas as mitigation for construction of the channel and maintenance path. Additional native planting will occur in an existing disturbed area between the Cedar River and the new channel. The channel and maintenance road were designed to minimize the impact on the existing vegetation. Specifically, all trees (with greater than 6-inch diameter) within 25 feet (in both directions) of the centerline were tagged, surveyed, and located on the construction drawings. Native trees and shrubs will be planted to reduce and control surface water runoff. The trees and shrubs will be planted in two locations. First, planting will occur in areas that are disturbed to construct the new channel with the exception of the channel bottom. Second, an existing disturbed area between the Cedar River and new channel will be planted to control runoff and deter access along a beaten path to the river. 4.4 Fish According to the Final Environmental Impact Study for the Cedar River 205 Flood Control Project prepared in August of 1997, there are at least 22 species of fish present in the Cedar River. In the vicinity of the project site there are sockeye salmon, chinook salmon, coho salmon, steelhead trout, rainbow trout, cutthroat trout, mountain whitefish, northern squawfish, peamouth chub, three -spine stickleback, largescale sucker, longnose dace, bork lamprey, Pacific lamprey, and several species of sculpin. Bull trout have not been observed in the vicinity of the proposed project, but may occur. The Cedar River adjacent to the proposed project is heavily utilized for spawning by adult sockeye, chinook and coho salmon. The existing natural side channels downstream of the Elliot levee are utilized for rearing by sockeye fry, chinook fry and juveniles, coho and steelhead smolts. Three species listed as threatened under the Endangered Species Act are likely to occur in the project area, including Bald Eagle, Puget Sound ESU chinook salmon, and Puget Sound/Western Washington ESU bull trout. In addition, coho salmon, a candidate species, are also located in the vicinity of the site. 4.5 Threatened and Endangered Species Construction will occur when chinook and bull trout are least likely to be present in the action area, and during a portion of the year when bald eagles are more tolerant of disturbance. The in - water work is scheduled to occur between July 16 and mid- to late -September, in accordance with the fish windows created by WDFW. Determination Summary Table S ecies Effect Determination Critical Habitat Determination Bald Eagle Not likely to adversely affect — Bull Trout Not likely to adversely affect — Draft Environmental Assessment Page 8 Cedar River Side Channel Replacement Project Summer 2003 Chinook I Not likely to adversely affect I Not likely to adversely affect 4.6 Cultural Resources and Native American Concerns No known cultural or historic sites occur in the project area. If any artifacts are discovered during construction, all work will be stopped and the USACE archeological and cultural resources staff will further investigate the site and alert the appropriate authorities. 4.7 Landuse 4.8 Utilities and Public Services 4.9 Air Quality and Noise There will be a temporary increase in noise during construction, but it will be well within urban limits. Exhaust from the equipment will emit a minor amount of exhaust. Equipment will have mufflers and exhaust systems in accordance with State and Federal standards. Following construction, there will be no change in air quality, noise or light parameters. 4.10 Transportation The project includes improvement of the gate across City of Seattle right-of-way that is expected to deter illegal vehicular traffic. 4.11 Socio-Economics 4.12 Recreation During construction, public access will be restricted on the site. Following construction, the site will be available for passive recreation as appropriate for a natural area. Interpretive signs will be placed on -site to provide information the following issues: wildlife poaching; trail use impact; salmonid spawning; and benefits of project. 4.13 Aesthetics Significant efforts and consideration has been made to maintain the project locations aesthetics, as well as maintain the wooded view for City of Renton residents who live across the Cedar River from the project site. The location of the channel has been designed to minimize the number of large diameter trees that will be removed during construction. Final alignments of the channel will be field engineered to help preserve the maximum amount of large diameter trees. Native plants and trees will be planted in the disturbed area, with the exception of the channel Draft Environmental Assessment Page 9 Cedar River Side Channel Replacement Project Summer 2003 bottom. In addition, an existing disturbed area along the river will be planted with native trees and shrubs to maintain a buffer of river riverside that will allow for a wooded view for the residents located across the river from the project location. 5. UNAVOIDABLE ADVERSE EFFECTS Unavoidable adverse effects associated with this project included: (1) a temporary and localized increase in noise, which may disrupt wildlife in the area, (2) a temporary and localized disruption of local traffic by construction vehicles, and (3) a temporary and localized increase in turbidity levels during construction of the intake and outlet structures in the Cedar River, which may have affect aquatic organisms in the area. 6. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES The irreversible and irretrievable commitment of resources is the use of materials, resources, or land during implementation of an alternative that makes these resources unavailable for other uses, given known technology and reasonable economics. will No federal resources Wwne be irreversibly and irretrievably committed to this project until the "Finding of No Significant Impact" (FONSI) is signed. 7. CUMULATIVE IMPACTS Cumulative effects include the effects of future State, tribal, local or private actions that are reasonably certain to occur in the action area considered in this evaluation. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate evaluations. 8. COORDINATION Coordination was conducted with the following resource agencies and their comments integrated into this document. City of Renton King County Muckleshoot Indian Tribe U.S. Fish and Wildlife Service National Marine Fisheries Service Washington Department of Fish and Wildlife Washington Department of Ecology 9. ENVIRONMENTAL COMPLIANCE Draft Environmental Assessment Page 10 Cedar River Side Channel Replacement Project Summer 2003 9.1 National Environmental Policy Act This Environmental Assessment (EA) satisfies the documentation requirements of NEPA. After the comment period for this document has ended, a Finding of No Significant Impact (FONSI) will be prepared for inclusion with a Final EA. 9.2 Endangered Species Act Section 7 Consultation In accordance with Section 7(a)(2) of the Endangered Species Act of 1973, as amended, federally funded, constructed, permitted, or licensed projects must take into consideration impacts to federally listed or proposed threatened or endangered species. A Biological Evaluation was submitted to USFWS and NMFS on; The Corps expects to receive letters of concurrence with the determinations made in the Biological Evaluation. 9.3 Clean Water Act Compliance 9.4 Coastal Zone Management Act Consistency The Coastal Zone Management Act of 1972, as amended, requires Federal agencies to carry out their activities in a manner, which is consistent to the maximum extent practicable with the enforceable policies of the approved Washington Coastal Zone Management Program. 9.5 Hydraulic Permit Approval A Hydraulic Permit Approval (HPA) from the Washington Department of Fish and Wildlife is not required for federal work that involves construction within state waters, since there has been no waiver of sovereign immunity by the Federal government to require or allow such regulation of Federal agencies by local governments. The Corps has coordinated the project with WDFW and has made efforts to incorporate their comments into the project design. 9.6 Fish and Wildlife Coordination Act The Fish and Wildlife Coordination Act (16 USC 470) requires that wildlife conservation receive equal consideration and be coordinated with other features of water resource development projects. This goal is accomplished through Corps funding of U.S. Fish and Wildlife Service habitat surveys evaluating the likely impacts of proposed actions, which provide the basis for recommendations for avoiding or minimizing such impacts. A Fish and Wildlife Coordination Act Report is not required for PL84-99 work. 9.7National Historic Preservation Act The National Historic Preservation Act (16 USC 470) requires that the effects of proposed actions on sites, buildings, structures, or objects included or eligible for the National Register of Draft Environmental Assessment Page 11 Cedar River Side Channel Replacement Project Summer 2003 Historic Places must be identified and evaluated., e 1993 Washington State Office of Archaeology and Historical Preservation database indicated that no sites listed on the National Register of Historic Places are located in the project section. the Corps received a letter from the Washington State Office of Archaeology and Historic Preservation stating that no resources included in or eligible for inclusion in the National Register of Historic Places have been recorded in the project area. This letter can be found in Appendix D. 9.8 Executive Order 12898, Environmental Justice Executive Order 12898 directs every federal agency to identify and address disproportionately high and adverse human health or environmental effects of agency programs and activities on minority and low-income populations. The project does not involve the siting of a facility that will discharge pollutants or contaminants, so no human health effects would occur. The creation of the side channel would not negatively affect property values in the area, or socially stigmatize local residents or businesses in any way. No interference with Native American Nations' treaty rights would result from the proposed project; construction activities would not physically interfere with fishing, or negatively impact fishery resources. Since no high and adverse effects are anticipated to result from the project, the Corps has determined that no disproportional impacts would occur. 10. CONCLUSION Based on this assessment and on coordination with Federal and State agencies, it is considered that the proposed project would not result in significant adverse environmental impacts. The proposed project is not considered a major Federal action having a significant impact on the human environment and does not require preparation of an environmental impact statement supplement. A finding of so significant impact (FONSI) has been prepared 11. REFERENCES Bishop, S., and A. Morgan, (eds.). 1996. Critical Habitat Issues by Basin for Natural Chinook Salmon Stocks in the Coastal and Puget Sound Areas of Washington State. Northwest Indian Fisheries Commission, Olympia, WA., 105p. City of Renton Surface Water Utility and the USACE. April 2002. Evaluation of two replacement sites for the USAC'E Cedar River Section 205 groundwater channel. Fraser, J.D., L.D. Frenzel, and J.E. Mathisen. 1985. "The impact of human activities on breeding bald eagles in northcentral Minnesota." 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