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HomeMy WebLinkAboutRS_No_Effect_Letter_220627_v1 WSP USA Suite 300 33301 Ninth Avenue South Federal Way, WA 98003-2600 +1 206-431-2300 wsp.com MEMORANDUM Date: 16 June 2022 Subject: City of Renton Bocce Court Improvements Endangered Species Act (ESA) No Effect Letter WSP Job No. 30901520 From: Grace Roberts, Senior Scientist, WSP USA To: Alan Wyatt, City of Renton, Parks Division Route To: Jill Ding, City of Renton, Planning Division The City of Renton is proposing improvements to the Renton Senior Activity Center fitness area. This memorandum documents how the project will have no effect on any critical habitat or ESA- listed species and outlines compliance with applicable federal, state, and local laws. Moreover, applicable project minimization measures and best management practices (BMPs) are included. PROJECT LOCATION AND DESCRIPTION The project will take place at the Renton Senior Activity Center fitness area, which is located at 211 Burnett Avenue N, Renton, King County, Washington 98057. The project area is within the Township 23N, Range 5E, Section 18 and is just northeast of the Cedar River. A portion of the existing fitness center is located within the 100-year floodplain. The project includes the removal of existing synthetic turf comprising the bocce court area. The gravel underlaying the bocce court area will be lowered several inches and rubberized surfacing will be poured in place to bring the rubberized surface level with the existing surrounding surface. A corn hole court, ping pong table, pour-in-place checkerboard, and exercise equipment including a cardio stepper, health hand beat cycler, balance steps, assisted row/push up, and stretch equipment will be added to the new rubberized surface area. Additional proposed improvements include the removal and replacement of existing shrubs, new concrete pads for benches, and the replacement of existing benches. PERMIT REQUIREMENTS The proposed improvements will be conducted adjacent to the Cedar River and are subject to compliance with the Washington State Environmental Policy Act, Washington’s Shoreline Management Act, and the City of Renton’s Shoreline Management Program. Because the project is located within the 100-year floodplain, a City of Renton Shoreline Development Permit must be authorized and obtained. Per City of Renton Municipal Code Title IV, Chapter 8, Section 120 D.2, this letter will address that the proposed project will not: MEMO: COR Bocce Court Improvements No Effect Letter 16 June 2022 Page 2 1. Adversely affect listed or de-listed species or designated critical habitat; 2. Jeopardize the continued existence of species that are proposed for listing, or unexpected, new or rare species; or 3. Adversely modify proposed critical habitat. To meet these requirements, this memo addresses the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) ESA. Additionally, an assessment of the presence of Essential Fish Habitat (EFH) under the provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) is included herein. STATUS OF SPECIES AND CRITICAL HABITAT This section discusses the ESA-listed species and critical habitat known to occur, or with the potential to occur, within the action area (Table 1). In addition, this section describes the biological requirements of the listed species that have the potential to occur within the action area. These descriptions include run timing, biological requirements, and factors affecting recovery. Information for this no effect letter regarding listed species was obtained from the USFWS “Critical Habitat for Threatened and Endangered Species” website (2022a) and the NMFS website (2022) on 5 May 2022. Additional information came from the Washington Department of Fish and Wildlife (WDFW) Priority Habitat and Species (PHS) (WDFW 2022a) and SalmonScape databases (WDFW 2022b). According to the USFWS and NMFS species lists, although the species listed in Table 2, and/or their designated critical habitat, do occur, or may occur, within King County, they are not addressed in this no effect letter. While information from USFWS (2022b) identified the potential for marbled murrelets, streaked horned larks, and yellow-billed cuckoos to occur within the County, WDFW PHS data does not indicate any known occurrence of these species within the action area. In addition, the action area does not provide any suitable habitat for these species. Based on the lack of suitable habitat for the species listed in Table 2, it is determined that the proposed project will have no effect on them, and they are not addressed further in this letter. MEMO: COR Bocce Court Improvements No Effect Letter 16 June 2022 Page 3 Table 1. Summary of Threatened or Endangered Species within the Project Area Species Name ESA Listing Status Critical Habitat Common Name Scientific Name ESU or DPS* Fish Chinook Salmon Oncorhynchus tshawytscha Puget Sound ESU Threatened Designated, but not in action area Steelhead Oncorhynchus mykiss Puget Sound DPS Threatened Designated, but not in action area Bull Trout Salvelinus confluentus Coastal Puget Sound DPS Threatened Designated, but not in action area DPS = Distinct Population Segment; ESU = Evolutionarily Significant Unit Table 2. Summary of Threatened or Endangered Species Considered but Unlikely to Be Present within the Project Area Species Name ESA Listing Status Critical Habitat Common Name Scientific Name ESU or DPS* Marbled murrelet Brachyramphus marmoratus N/A Threatened Designated, but not in action area Streaked Horned Lark Eremophila alpestris strigata N/A Threatened Designated, but not in action area Yellow-billed cuckoo Coccyzus americanus Western DPS Threatened Designated, but not in action area DPS = Distinct Population Segment; ESU = Evolutionarily Significant Unit Chinook Salmon (Oncorhynchus tshawytscha) The Puget Sound Evolutionarily Significant Unit (ESU) of Chinook salmon includes all naturally spawned populations of Chinook salmon from rivers and streams flowing into Puget Sound (79 FR 20802). Puget Sound ESU Chinook salmon are listed as threatened by NMFS under the ESA. Distribution and Habitat Requirements Compared to the other Pacific salmon, Chinook salmon have the most complex life history with a large variety of patterns. The length of freshwater and saltwater residency varies greatly (Myers et al. 1998). Channel size and morphology, substrate size and quality, water quality, and cover type and abundance may influence distribution and abundance of Chinook salmon (Lower Columbia Fish Recovery Board [LCFRB] 2004). After three to five years in the ocean, Puget Sound stocks return to the local rivers and tributaries to spawn in the spring and fall. Spawning occurs in the main stems of larger tributaries in coarse gravel and cobble (Myers et al. 1998). Most juvenile summer/fall Chinook salmon in the river systems discharging to the Puget Sound migrate to the marine environment as smolts during their first year, although their early life history patterns vary. Some migrate downstream almost immediately after emerging from the MEMO: COR Bocce Court Improvements No Effect Letter 16 June 2022 Page 4 gravel. Others migrate downstream and enter side channels where they may rear for several weeks before migrating to marine waters. A third life-history strategy involves a more extended rearing time (up to two years) in the river before migrating to saltwater. Status Chinook salmon populations are significantly reduced from historic levels. The Puget Sound ESU has shown a precipitous drop since 1973. Habitat degradation associated with stream blockages, channelization, contamination, forest practices, and urbanization are listed as the primary causes of decline in the Puget Sound ESU Chinook salmon population. Presence and Critical Habitat in Action Area Puget Sound ESU Chinook salmon adults may potentially migrate through the action area almost year-round but primarily during the spring and fall. Any adult Puget Sound ESU Chinook salmon found in the Cedar River may be stopping temporarily to feed but likely would not be using the project site for rearing. The project action area is entirely upland of the Cedar River ordinary high-water mark (OHWM).= Critical habitat for Puget Sound Chinook salmon was designated in 2005 and consists of river and marine nearshore habitat within the Puget Sound basin. Based on the USFWS critical habitat mapper (2022a), critical habitat for Puget Sound Chinook salmon is not present within the action area. Steelhead (Oncorhynchus mykiss) Puget Sound DPS steelhead are listed as threatened by NOAA Fisheries under the ESA (11 May 2007; 72 FR 26722). Distribution and Habitat Requirements Steelhead is a more widely distributed anadromous fish than salmonids. Spawning occurs throughout the winter and spring seasons. Summer-run fish populations are smaller than winter- run fish as they use a smaller portion of stream for spawning. Wild fish mature for up to two years in freshwater habitat and migrate quickly to the open ocean, bypassing the use of shallow, nearshore habitat (Behnke 1992). Adult steelhead trout will spend up to three years in the open ocean before returning to their rearing grounds (NOAA 2022). Steelhead use a variety of habitats throughout the freshwater portion of their life history. As with all salmonid species, water temperatures and intra-gravel flow are also important for spawning and incubation. After fry emerge from the gravels, they seek complex habitat of boulders, rootwads, and woody material along the stream margins. As juveniles get older and larger, they move downstream to rear in larger tributaries and main stem rivers. Undercut banks, large woody debris, and boulders are all used by larger juveniles. MEMO: COR Bocce Court Improvements No Effect Letter 16 June 2022 Page 5 Status Factors contributing to the decline of Puget Sound DPS steelhead include blocked access to historical habitat, habitat degradation, channelization, contamination, forest practices, and urbanization. The primary limiting factors for this DPS are degradation and fragmentation of freshwater habitat. Most populations of this DPS are declining annually by between 3 to 10 percent with a moderate to high extinction risk within 100 years (NMFS 2011). Presence and Critical Habitat in Action Area The Cedar River drains to lower Lake Washington, which connects to Puget Sound. The Cedar River contains a Puget Sound ESU/DPU winter-run steelhead stock. Wild winter-run fish run from February through April while hatchery fish run from mid-November through mid-February. Critical habitat was proposed for Puget Sound DPS steelhead on 25 March 2016 and includes estuarine and riverine habitat (NOAA 2022). The project action area is entirely upland of the Cedar River ordinary OHWM. Based on the USFWS critical habitat mapper (2022a), critical habitat for Puget Sound steelhead salmon is not present within the action area. Bull Trout (Salvelinus confluentus) The Puget Sound DPS bull trout are listed as threatened by the USFWS under the ESA. The Puget Sound DPS includes all natural spawning populations of bull trout in the Puget Sound basin, including in the streams that flow into Puget Sound. The Puget Sound DPS bull trout is a federal threatened species. Bull trout are piscivorous and are the only native char. Distribution and Habitat Requirements Compared to other salmonids, bull trout are thought to have more specific habitat requirements and are most often associated with undisturbed habitat with diverse cover and structure. Spawning and rearing are thought to be primarily restricted to relatively pristine cold streams, often within headwater reaches (Rieman and McIntyre 1993). Adults can reside in lakes, reservoirs, and coastal areas or they can migrate to saltwater (63 FR 31647). Juveniles are typically associated with shallow backwater or side-channel areas, while older individuals are often found in deeper pools sheltered by large organic debris, vegetation, or undercut banks (63 FR 31467). Water temperature is also a critical factor for bull trout, and areas where water temperature exceeds 59°F (15°C) are thought to limit distribution (Rieman and McIntyre 1993). Status Key factors in the decline of bull trout populations include harvest by anglers, impacts to watershed biological integrity, and the isolation and fragmentation of populations. Changes in sediment delivery (particularly to spawning areas), degradation and scouring, shading (high water temperature), water quality, and low hydrologic cycles adversely affect bull trout. Therefore, impacted watersheds are negatively associated with current populations. Additionally, bull trout appear to be affected negatively by non-native trout species through competition and hybridization. MEMO: COR Bocce Court Improvements No Effect Letter 16 June 2022 Page 6 Presence and Critical Habitat in Action Area Within the Cedar River Municipal Watershed, bull trout are found in portions of several tributaries to Chester Morse Lake, which includes the Cedar River. Critical habitat for bull trout is designated throughout Lake Washington north of the action area. The project action area is entirely upland of the Cedar River OHWM. Based on the USFWS critical habitat mapper (2022a), critical habitat for Puget Sound bull trout is not present within the action area. ESSENTIAL FISH HABITAT Public Law 104-297, the Sustainable Fisheries Act of 1996, amended the Magnuson-Stevens Act to establish new requirements for EFH descriptions in federal fishery management plans and to require federal agencies to consult with NMFS on activities that may adversely affect EFH. The Magnuson-Stevens Act requires consultation for all federal agency actions that may adversely affect EFH. EFH for Pacific salmon in freshwater includes all streams, lakes, ponds, wetlands, and other currently viable bodies of freshwater and the substrates within those waterbodies accessible to Pacific salmon. Activities occurring above impassable barriers that are likely to adversely affect EFH below impassable barriers are subject to the consultation provisions of the Magnuson- Stevens Act. Location As stated above, the proposed activities will occur at the City of Renton Senior Activity Center near the Cedar River in Renton, Washington. The action area is not within designated EFH for Pacific salmon. The project action area is entirely upland of the Cedar River OHWM. Description of Project Activities Repairs will be made to existing serviceable facilities and conducted within the existing footprint of the facilities with minimal environmental impacts. The proposed action is described in detail in the Project Description section of this memo. Potential Adverse Effects of Project Activities The proposed action does not have the potential to affect EFH for Pacific salmon species. The project action area is entirely upland of the Cedar River OHWM. The proposed improvements are entirely upland of the Cedar River and will employ BMPs to prevent any project impacts to the adjacent waterbody. MINIMIZATION MEASURES AND BEST MANAGEMENT PRACTICES The project has adopted impact minimization measures and BMPs to reduce, eliminate, or minimize the effects of the project to listed species or habitat and are described below. MEMO: COR Bocce Court Improvements No Effect Letter 16 June 2022 Page 7 Minimization Measures The proposed action includes the following measures to avoid and minimize the potential for adverse environmental effects. General impact avoidance and minimization measures include those listed below. • Project construction will be completed in compliance with Washington State Water Quality Standards (Washington Administrative Code 173-201A), including: − Petroleum products, fresh cement, lime, concrete, chemicals, or other toxic or deleterious materials will not be allowed to enter surface waters. − There will be no discharge of oil, fuels, or chemicals to surface waters or onto land where there is a potential for reentry into surface waters. − Fuel hoses, oil drums, oil or fuel transfer valves, fittings, etc., will be checked regularly for leaks, and materials will be maintained and stored properly to prevent spills. • A spill prevention, control, and countermeasures (SPCC) plan will be prepared by the contractor and used during all demolition and construction operations. A copy of the plan with any updates will be maintained at the work site. − The SPCC plan will outline BMPs, responsive actions in the event of a spill or release, and notification and reporting procedures. The plan will also outline management elements, such as personnel responsibilities, project site security, site inspections, and training. − The SPCC plan will outline the measures to prevent the release or spread of hazardous materials found on site or encountered during construction but not identified in contract documents, including any hazardous materials that are stored, used, or generated on site during construction activities. These items include, but are not limited to, gasoline, diesel fuel, oils, and chemicals. − Applicable spill response equipment and material designated in the SPCC plan will be maintained at the job site. General Best Management Practices Typical construction BMPs for working in, over, and near water will be applied, including activities, such as the following. • Checking equipment for leaks and other problems that could result in the discharge of petroleum-based products or other material into the water. • Corrective actions will be taken in the event of any discharge of oil, fuel, or chemicals into the water, including: − Containment and cleanup efforts will begin immediately upon discovery of the spill and be completed in an expeditious manner in accordance with all local, state, and federal regulations. Spill response will take precedence over normal work. Cleanup will include proper disposal of any spilled material and used cleanup material. − The cause of the spill will be ascertained, and appropriate actions taken to prevent further incidents or environmental damage. MEMO: COR Bocce Court Improvements No Effect Letter 16 June 2022 Page 8 − Spills will be reported to the Washington State Department of Ecology’s Northwest Regional Spill Response Office at 425-649-7000. • Excess or waste materials will not be disposed of or abandoned waterward of the ordinary high-water mark or allowed to enter waters of the state. Waste materials will be disposed of in an appropriate manner consistent with applicable local, state, and federal regulations. • Demolition and construction materials will not be stored where upland runoff can cause materials to enter surface waters. • Oil-absorbent materials will be present on site for use in the event of a spill or if any oil product is observed in the water. CONCLUSIONS In accordance with the EFH requirements of the Magnuson-Stevens Act, it has been determined that the project “will not adversely affect” EFH for Pacific salmon species. The proposed action has incorporated minimization measures and BMPs intended to avoid and/or minimize potential effects to habitat, and the proposed improvements will result in no significant effects to any functional component of EFH for Pacific salmon species. This memorandum is documentation of the City of Renton Senior Activity Center Improvements project impacts and can be kept for records. The project has been analyzed for potential impacts to ESA-listed species, EHF, and critical habitat and has concluded that the proposed maintenance will have no effect on these species or resources. REFERENCES Behnke, R.J. 1992. Native trout of western North America. American Fisheries Society Monograph 6. Bethesda, Maryland. King County Department of Public Works. 1993. Cedar River Current and Future Conditions. Summary Report. Seattle, WA. Surface Water Management Division. October 1993. Lower Columbia Fish Recovery Board (LCFRB). 2004. Lower Columbia Salmon Recovery and Fish and Wildlife Subbasin Plan, Volume I—Regional Plan. Myers, J.M., R.G. Kope, G.J. Bryant, D. Teel, L.J. Lierheimer, T.C. Wainwright, W.S. Grant, F.W. Waknitz, K. Neely, S.T. Lindley, and R.S. Waples. 1998. Status Review of Chinook Salmon from Washington, Idaho, Oregon, and California. U.S. Department of Commerce, NOAA Tech. Memo. NMFS-NWFSC-35, 443pp. National Marine Fisheries Service (NMFS). 2022. ESA Salmon Listings, available at http://www.nwr.noaa.gov/protected_species/salmon_steelhead/salmon_and_steelhead_listi ngs/salmon_and_steelhead_listings.html. Accessed May 05, 2022. National Marine Fisheries Service (NMFS). 2011. 5-Year Review: Summary & Evaluation of Puget Sound Chinook, Hood Canal Summer Chum, Puget Sound Steelhead. MEMO: COR Bocce Court Improvements No Effect Letter 16 June 2022 Page 9 National Oceanic and Atmospheric Administration (NOAA). 2022. Steelhead Trout (Onchorynchus mykiss). https://www.fisheries.noaa.gov/species/steelhead-trout. Accessed May 05, 2022. Rieman, B.E. and J.D. McIntyre. 1993. Demographic and habitat requirements for the conservation of bull trout Salvelinus confluents. USDA Forest Service Intermountain Research Station, General Technical Report INT-302, Ogden, UT. U.S. Fish and Wildlife Service (USFWS). 2022a. U.S. Critical Habitat for Threatened and Endangered Species. https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe0989 3cf75b8dbfb77. Accessed May 5, 2022. U.S. Fish and Wildlife Service (USFWS). 2022b. U.S. Fish and Wildlife Trust Resources List, Endangered Species Act Species List. http://ecos.fws.gov/ipac/ Accessed May 5, 2022. Washington Department of Fish and Wildlife (WDFW). 2022a. Priority Habitats and Species List—PHS on the Web. http://wdfw.wa.gov/mapping/phs/ Accessed May 5, 2022. Washington Department of Fish and Wildlife (WDFW). 2022b. WDFW SalmonScape database. Accessed online at http://wdfw.wa.gov/mapping/salmonscape/index.html. Accessed May 5, 2022. GR:KM:nb 16 June 2022