Loading...
HomeMy WebLinkAboutRS_Habitat_Data_Report_170825_v1BIOLOGICAL EVALUATION FOR INFORMAL ESA CONSULTATION For: (Corps Reference Number) Version: May 2012 ** This form is for projects that have insignificant or discountable impacts on listed species. It contains all the information required for a biological evaluation, but in abbreviated form and with minimal instructions on how to fill it out. For more detailed instructions, a format for development of a biological assessment or biological evaluation can be found on the Seattle District Corps website (www.nws.usace.army.mil – click on regulatory and then on endangered species, BA Template). You may also contact the Corps at 206 -764-3495 for further information. Drawings and Photographs - Drawings and photographs must be submitted. Photographs must be submitted showing local area, shoreline conditions, existing overwater structures, and location of the proposed project. Drawings must include a vicinity map; plan, profile, and cross -section drawings of the proposed structures; and over- and in-water structures on adjacent properties. (For assistance with the preparation of the drawings, please refer to our Drawing Checklist located on our website at www.nws.usace.army.mil Select Regulatory – Regulatory/Permits – Forms.) Submit the information to: U.S. Army Corps of Engineers, Regulatory Branch, P.O. Box 3755, Seattle, Washington 98124-3755. Date: September 25, 2017 SECTION A - General Information 1. Applicant name: Todd Black, City of Renton Mailing address: 1055 South Grady Way Work phone: 425.430.6571 Home phone: Email: tblack@rentonwa.gov Fax: 425.430.6603 2. Joint-use applicant name (if applicable): Mailing address: Work phone: Home phone: Email: Fax: 3. Authorized agent name: Nicole White, PND Engineers, Inc. Mailing address: 1736 Fourth Avenue S Work phone: 206.624.1387 Home phone: Email: nwhite@pndengineers.c om Fax: 206.624.1388 4. Location where proposed work will occur Address (street address, city, county): 1201 Lake Washington Blvd N Renton, WA 98056 King County Location of joint-use property (street address, city, county): Waterbody: Lake Washington ¼ Section: SW Section: 5 Township: 23 Range: 5 Latitude: 47.50303 Longitude: -122.20035 2 5. Description of Work: Include project drawings and site photographs. Describe the proposed project in detail. Please describe any mitigation that is being proposed for impacts from your project. Attach a mitigation plan as an appendix, if appropriate. This project can be broken into 8 tasks as described below. No mitigation is proposed as the project is maintenance and all work will occur over-water or upland. 1. Trestle Bridge (Impact Location - Below OHW): Bridge repair will consist of cutting the top portion of a damaged pile to stop the transfer of rot to the superstructure. The pile will not be pulled or replaced due to a lack of easy access points. Structural members will be installed to re-support the existing framing. 2. Sailing Club Floats (Impact Location – Below OHW): A float connection has been damaged and will be replaced using agency approved supplemental floatation to correct the freeboard imbalance. 3. Ivar’s Deck Repair (Impact Location - Below OHW): The timber decking will be removed and replaced with grated decking along with the replacement of the corroding steel framing and pile caps. Additionally, the perimeter wave skirt will be removed and replaced in part at Ivar’s with non-toxic materials as required by the Aquatic Lands Lease with the Department of Natural Resources (Lease No. 22- 086143). Timber stringers will be replaced with steel stringers. The steel beams will be replaced and coated with a durable coating system. 4. North Waterwalk Wave Skirt (Impact Location - Below OHW): The north waterwalk perimeter wave skirt, consisting of treated timber, will be removed in accordance with DNR lease requirements. 5. Transient Moorage Float (Impact Location - Below OHW): The existing float will be demolished and replaced with a new float in the same footprint. The existing gangways frames will be reused and the decking will be replaced with a grating consisting of more open area, in accordance with DNR lease requirements. 6. Boat Launch Wave Barrier (Impact Location - Below OHW): The boat launch wave barrier treated timber portions below the water-line and within the DNR lease boundary will be replaced with non-toxic materials. 7. Boat Launch Pier (Impact Location - Below OHW): As a result of loss of the protective coating and fungal decay, the damaged steel framing and damaged timber piles will be repaired. The pile decay is located on the top of timber piles in the 3-pile dolphin. Repairs to the dolphin will include removal of damaged timber sections. Other measures may be implored to prevent debris from entering the waters of the state. 3 8. South Waterwalk (Impact Location - Below OHW): Grout between the waterwalk superstructure and the piles is missing in spots and will be replaced. For projects that include pile driving If steel or concrete piles are being installed with an impact hammer pile driver, marbled murrelets may be adversely impacted. For installation of any type of pile with a vibratory pile driver, marine mammals may be adversely impacted. A monitoring plan may be required to ensure protection of these species. Please fill out the following: (obtain information from contractor) 5.1 Number of piles being replaced: N/A 5.2 Replacement pile type: (e.g.: ACZA-treated wood, steel, coating used on steel piles) N/A 5.3 Replacement pile size: (e.g. 12-inch) N/A 5.4 Installation method: (e.g.: vibratory, impact hammer) N/A Note: Vibratory or impact installation of wood, concrete, plastic, or other non- metal piles of any size is allowed. Impact installation of steel piles in marine waters is not covered under the programmatic and, in freshwater, is only covered programmatically for steel piles up to 10 inches. 5.5 Anticipated dates, number of minutes and number of days vibratory pile driving ___________ minutes per day __________ number of days Anticipated dates: 5.6 For vibratory installation, will proofing be required? If so, how many pile strikes per pile? Yes Number of pile strikes per pile No 5.7 For impact hammer installation, estimate the number of pile strikes required per pile: N/A 5.8 For impact hammer installation or proofing, estimated number of pile strikes per day: Minutes per day Number of days Anticipated dates: 5.9 For impact hammer pile driving or proofing, sound attenuation measures: N/A 5.10 Anticipated dates, number of minutes and number of days of impact hammer pile driving or proofing: N/A 5.11 Describe substrate into which piling will be driven: N/A 6. Construction Techniques: Describe methods and timing of construction to be employed in building the project and any associated features. Identify actions that could affect listed / proposed species or designated / proposed critical 4 habitat and describe in sufficient detail to allow an assessment of potential impacts. Consider actions such as vegetation removal, temporary or permanent elevations in noise level, channel modifications, hydrological or hydraulic alterations, access roads, power lines etc. Also discuss construction techniques associated with any interdependent or interrelated projects. Address the following: A. Construction sequencing and timing of each stage (duration and dates): Construction expected to be between January and December 2018. B. Site preparation: N/A C. Equipment to be used: Other measures may be implored to prevent debris from entering waters of the state. 1. Trestle Bridge (Impact Location - Below OHW): Bridge repair will consist of cutting the top portion of a damaged pile to stop the transfer of rot to the superstructure. The pile will not be pulled or replaced due to a lack of access points. Structural members will be installed to re-support the existing framing. All work is anticipated to be completed with hand-held power tools. 2. Sailing Club Floats (Impact Location – Below OHW): A float connection has been damaged and will be replaced using agency approved supplemental floatation to correct the freeboard imbalance. All work is anticipated to be completed with hand- held tools. 3. Ivar’s Deck Repair (Impact Location - Below OHW): The timber decking will be removed and replaced with grated decking along with the replacement of the corroding steel framing and pile caps. Additionally, the perimeter wave skirt will be removed and replaced in part at Ivar’s with non-toxic materials as required by the Aquatic Lands Lease with the Department of Natural Resources (Lease No. 22-086143). Timber stringers will be replaced with steel stringers. The steel beams will be replaced and coated with a durable coating system. All work will be completed with hand-held power tools and shore/barge based lifting systems. 4. North Waterwalk Wave Skirt (Impact Location - Below OHW): The north waterwalk perimeter wave skirt, consisting of treated timber, will be removed in accordance with DNR lease requirements. All work is anticipated to be completed with hand-held tools. 5. Transient Moorage Float (Impact Location - Below OHW): The existing float will be demolished and replaced with a new float in the same footprint. The existing gangways frames will be reused and the decking will be replaced with a grating consisting of more open area. All work will be completed with hand-held power tools and shore/barge based lifting systems. 5 6. Boat Launch Wave Barrier (Impact Location - Below OHW): The boat launch wave barrier treated timber portions below the water-line and within the DNR lease boundary will be replaced with non-toxic materials. All work is anticipated to be completed with hand-held tools. 7. Boat Launch Pier (Impact Location - Below OHW): As a result of loss of the protective coating, corroded steel framing will be replaced. Additionally, repairs to the top connection of the existing 3-pile timber dolphin will be made as a result of fungal decay to the pile tops. Repairs to the dolphin will include removal of damaged timber sections. 8. South Waterwalk (Impact Location - Below OHW): Grout between the waterwalk superstructure and the piles is missing in spots and will be replaced. All work will be completed with hand-held power tools and shore/barge based lifting systems. D. Construction materials to be used: See Construction Techniques Section C. E. Work corridor: N/A F. Staging areas and equipment wash outs: Upland. G. Stockpiling areas: Upland. H. Running of equipment during construction: Equipment will not be left running beyond what is needed to complete construction. I. Soil stabilization needs / techniques: N/A J. Clean-up and re-vegetation: Clean up will be performed in a timely manner in order to resume normal park uses. K. Storm water controls / management: 6 N/A L. Source location of any fill used: No fill proposed below OHW. M. Location of any spoil disposal: N/A 7. Action Area Please describe the action area. The action area means all areas to be affected directly (e.g., earth moving, vegetation removal, construction noise, placement of fill, release of environmental contaminants) and indirectly by the proposed action. (Example: as a direct effect, the action area for pile driving would include the area out to where the noise from the pile driving falls below the level of harm or disturbance for listed species. For vibratory hammer pile driving impacts to killer whales, this level is 120 dB. Action area will include any area where the underwater noise level may exceed 120 dB). The action area will be contained within the bounds of Gene Coulon park. Little underwater noise is expected as all work will be performed above water or upland. 8. Species Information: Identify each listed or proposed species, including terrestrial species, as well as designated or proposed critical habitat in the action area. Please include information on which listed species use are expected to be found in the action area and the potential for them to be there during project activities.. To determine what listed or proposed species may occur in the action area, contact NOAA Fisheries at the address listed below and obtain a county list of federally listed/ designated and proposed species and critical habitat from the: 1. Chinook Salmon (Oncorhynchus tshawytsha) 2. Steelhead Trout (Oncorhynchus mykiss) 3. Coho salmon (Oncorhynchus kisutch) 4. Coastal-Puget Sound Bull Trout (Salvelinus confluentus) U.S Fish and Wildlife Service at: http://westernwashington.fws.gov/se/SE_List/endangered_Species.asp National Marine Fisheries Service at: 510 Desmond Dr., SE # 103 Lacey, WA 98503 (360) 753-9530 http://www.nwr.noaa.gov The following species are listed as of August 11, 2011: USFWS SPECIES BIRDS Marbled murrelet Northern spotted owl Short-tailed albatross Western snowy plover 7 MAMMALS Canada lynx Columbia white-tailed deer Gray wolf (western WA) Gray wolf (eastern WA) Grizzly bear Woodland caribou Pygmy rabbit (Columbia Basin DPS) INSECTS Oregon silverspot butterfly PLANTS Bradshaw’s desert parsley Marsh sandwort Showy stickseed Wenatchee Mtns. Checker-mallow Golden paintbrush Kincaid’s lupine Nelson’s checker-mallow Water howellia Spalding’s catchfly Ute ladies’-tresses FISH Bull trout, Columbia River Bull trout, coastal-Puget Sound Dolly varden, coastal-Puget Sound NMFS SPECIES FISH Chum, Columbia River Chum, Hood Canal summer Chinook, lower Columbia River Chinook, upper Columbia River spring Chinook, Puget Sound Chinook, Snake River fall Chinook, Snake River spring-summer Chinook, upper Willamette River Coho, lower Columbia River Sockeye, Ozette Lake Sockeye, Snake River Steelhead, upper Columbia River Steelhead, middle Columbia River Steelhead, lower Columbia River Steelhead, Snake River Steelhead, upper Willamette River Steelhead, Puget Sound Sturgeon, Green (southern DPS) Eulachon, Pacific (southern DPS) Bocaccio (Georgia Basin DPS) Rockfish, canary (Georgia Basin DPS) Rockfish, yelloweye (Georgia Basin DPS) MARINE MAMMALS Humpback whale Blue whale Fin whale Sei whale Sperm whale Southern resident killer whale Steller sea lion REPTILES-AMPHIBIANS Leatherback sea turtle Loggerhead sea turtle Green sea turtle Olive Ridley sea turtle 9. Existing Environmental Conditions: Describe existing environmental conditions for the following: A. Shoreline riparian vegetation and habitat features The park vegetation consists of City maintained grasses, shrubs, and trees (e.g bigleaf maple, cottonwood, and alder). B. Aquatic substrate and vegetation (include information on the amount and type of eelgrass or macroalgae present at the site) Sand and gravel. Aquatic vegetation presence is unknown. C. Surrounding land/water uses City park with water-related recreation. D. Level of development Urban. 8 E. Water quality The following adjacent waterbodies are on the Washington Department of Ecology’s 303(d) List: Waterbody Parameter Lake Washington Bacteria Johns Creek Bacteria, Temperature, & Dissolved Oxygen Unnamed Creek Bacteria F. Describe use of the action area by listed salmonid fish species. Nearshore habitat. G. Is the project located within designated / proposed bull trout or Pacific salmon critical habitat? If so, please address the proposed projects’ potential direct and indirect effect to primary constituent elements (Critical habitat templates can be found on the Corps website at: http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PermitGuidebook/EndangeredSpec ies.aspx, select Forms, Tools and References; Forms and Templates; Critical Habitat Assessment Forms. Yes. The PCEs from 50 CFR Part 226 determined essential to the conservation of Puget Sound DPS Chinook are described below. The PCEs from 75 FR 63898 determined essential to the conservation of bull trout (Unit 2) are similar to that of Chinook salmon and the below discussion is meant to satisfy the critical areas examination of both species. 1. Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. • Existing Conditions: PCE only applies to the boat launch site. • Effects to PCE: This PCE will not change as a result of the project as the pile decay is located on the top of timber piles in the 3-pile dolphin and repairs to the dolphin will include removal of damaged timber sections. 2. Freshwater rearing sites with: (i) water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; (ii) water quality and forage supporting juvenile development; and (iii) natural cover such as shade, submerged and overhanging large wood, log jams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. • Existing Conditions: The condition of the freshwater rearing site’s water quality is limited by several factors, including: developed shorelines; lack of complex habitat to provide cover in the form of overhanging large wood, and side channels; Federal 9 303(d) water quality impaired sites; and the presence of non-natural overwater structures. However, there is expected floodplain connectivity as well as some aquatic vegetation. Water quantity is not inhibited in the marine environment. • Effects to PCE: This PCE will not change as a result of the project. 3. Freshwater migration corridors free of obstruction and excessive predation with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. • Existing Conditions: The condition of the freshwater migration corridor is limited by several factors, including: developed shorelines; lack of complex habitat to provide cover in the form of overhanging large wood and side channels; and the presence of non-natural overwater structures. • Effects to PCE: This PCE will not change as a result of the project. 4. Estuarine areas free of obstruction with: water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh-and saltwater; (ii) natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels; and (iii) juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation.  Existing Conditions: PCE does not apply as the project is not in an estuarine area.  Effects to PCE: None. 5. Nearshore marine areas free of obstruction and excessive predation with: (i) water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and (ii) natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels. • Existing Conditions: PCE does not apply as the project is not in a nearshore marine area. • Effects to PCE: None. 6. Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. • Existing Conditions: PCE does not apply as the project is not in offshore marine environment. • Effects to PCE: None. 10 Due to the species presence and critical habitat in the action area and the proposed action may affect, but is not likely to adversely affect Puget Sound ESU Chinook salmon and their critical habitat. H. Describe use of the action area by other listed fish species (green sturgeon, eulachon, bocaccio, canary rockfish and yelloweye rockfish). Action area not used. I. Is the project located within designated/proposed critical habitat for any of the species listed below? If so please address the proposed projects’ potential direct and indirect effect to primary constituent elements. Please see the NOAA-Fisheries and US Fish and Wildlife websites (www.nwr.noaa.gov and www.fws.gov/pacific respectively) for further information. Southern resident killer whale Marbled murrelet Northern spotted owl Western snowy plover Green sturgeon Eulachon No. J. Describe use of action area by marbled murrelets. How far to the nearest marbled murrelet nest site or critical habitat? Some information is available on the Fish and Wildlife Service website: http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B08C. Action area not used. K. Describe use of action area by the spotted. How far to the nearest spotted nest site or critical habitat? Some information is available on the Fish and Wildlife Service website: http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B08B. Action area not used. L. For marine areas only: Describe use of action area by Southern Resident killer whales. How often have they been seen in the area and during what months of the year? For information on noise impacts on killer whales and other marine mammals, please see the National Marine Fisheries website: http://www.nwr.noaa.gov/Marine-Mammals/MM-consults.cfm. N/A M. For marine areas and Columbia River: How far is the nearest steller sea lion haulout site from the action area? Describe their use of the action area. See the National Marine Fisheries website: http://www.nwr.noaa.gov/Marine-Mammals/MM-consults.cfm for information on the steller sea lion and location of their haulout sites. N/A N. For marine areas only: Forage Fish Habitat – only complete this section if the project is in tidal waters. 11 Check box if Washington Department of Fish and Wildlife (WDFW) documented habitat is present. Go to the WDFW website for this information: http://wdfw.wa.gov/fish/forage/forage.htm, then search for each species under the link to Biology, then the link to Documented Spawning Grounds (if available, please attach a copy of the Hydraulic Project Approval from WDFW): Surf Smelt: Pacific Herring: Sand Lance: Check box if the proposed action will occur in p otentially suitable forage fish spawning habitat: Surf Smelt: Pacific Herring: Sand Lance: If no boxes are checked, please explain why site is not suitable as forage fish spawning habitat. Please describe the type of substrate and elevation and presence of aquatic vegetation at the project area. For example: At +10 to +5 feet above MLLW, there is no aquatic vegetation, the substrate consists of large cobbles. At +5 to +1 foot above MLLW, there is eelgrass and the substrate consists of fine sand. N/A 10. Effects Analysis Describe the direct and indirect effects of the action on the proposed and listed species as well as designated and proposed critical habitat within the action area. Consider the impact to both individuals and the population. Discuss the short-term, construction-related, impacts as well as the long-term and permanent effects. Direct Impacts: Construction activities will result in minor increases in noise. This possible impact is only temporary and would not persist beyond the construction period. Construction activities are not anticipated to have any effects on sediments within the project area. Indirect Impacts: Short-term and localized increases in noise due to project construction may result in salmonids avoidance of immediate work areas. Should this avoidance occur, it would have only insignificant and unmeasurable effects on salmonids. 11. Conservation measures: Conservation measures are measures that would reduce or eliminate adverse impacts of the proposed activity (examples: work done during the recommended work window (to avoid times when species are most likely to be in the area), silt curtain, erosion control best management practices, percent grating on a pier to reduce shading impacts). Proposed work window: All proposed work is above the water level and upland. Therefore no work windows will be followed. Other conservation measures: Industry standard BMPs. 12. Determination of Effect: Provide a summary of impacts concluding with statement(s) of effect, by species. Even projects that are intended to benefit the species might have short-term adverse impacts and those must be addressed. Only the following determinations are valid for listed species or designated critical habitat: No effect. Literally no effect. No probability of any effect. The action is determined to have ‘no effect’ if there are no proposed or listed salmon and no proposed or designated critical habitat in the action area or downstream from it. This effects determination is the responsibility of the action agency to make and does not require NMFS review. 12 May Affect, Not Likely to Adversely Affect (NLAA) – Insignificant, discountable, or beneficial effects. The effect level is determined to be ‘may affect, not likely to adversely affect’ if the proposed action does not have the potential to hinder attainment of relevant properly functioning indicators and has a negligible (extremely low) probability of taking proposed or listed salmon or resulting in the destruction or adverse modification of their habitat. An insignificant effect relates to t he size of the impact and should never reach the scale where take occurs. A ‘discountable effect’ is defined as being so extremely unlikely to occur that a reasonable person cannot detect, measure, or evaluate it. This level of effect requires informal consultatio n, which consists of NMFS and/or USFWS concurrence with the action agency’s determination. May Affect, Likely to Adversely Affect (LAA) This form is not appropriate for use with a project that is LAA listed species. Please see the Biological Assessment (BA) template on the Corps website: http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&pagename=mainpage_ESA Salmonids utilize habitats within the action area as migratory corridors and rearing habitat and may be affected by construction activities. The proposed activity “may affect, but is not likely to adversely affect” Chinook Salmon (Oncorhynchus tshawytsha), Steelhead Trout (Oncorhynchus mykiss), Coastal-Puget Sound Bull Trout (Salvelinus confluentus), and Coho salmon (Oncorhynchus kisutch). 13. EFH Analysis Essential Fish Habitat (EFH) is broadly defined by the Act (now called the Magnuson -Stevens Act or the Sustainable Fisheries Act) to include “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity”. This language is interpreted or described in the 1997 Interim Final Rule [62 Fed. Reg. 66551, Section 600.10 Definitions] -- Waters include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include historic areas if appropriate; substrate includes sediment, hard bottom, structures underlying the waters, and associated biological communities; necessary means the habitat required to support a sustainable fishery and the managed species’ contribution to a healthy ecosystem; and “spawning, breeding, feeding, or growth to maturity” covers a species’ full life cycle. Additional guidance for EFH analyses can be found at the NOAA Fisheries web site under the Sustainable Fisheries Division. No EFH present. A. Description of the Proposed Action (may refer to BA project description) N/A B. Addresses EFH for Appropriate Fisheries Management Plans (FMP) N/A C. Effects of the Proposed Action N/A i. Effects on EFH (groundfish, coastal pelagic, and salmon EFH should be discussed separately) ii. Effects on Managed Species (unless effects to an individual species are unique, it is not necessary to discuss adverse effects on a species-by species basis) iii. Effects on Associated Species, Including Prey Species 13 iv. Cumulative Effects D. Proposed Conservation Measures N/A E. Conclusions by EFH (taking into account proposed conservation measures) N/A 14. References: Include any studies or papers that support statements made in this form (example: reference the source for the listed species that are covered). 15. Appendices: As needed include mitigation, revegetation plans, monitoring plans, results of studies, water quality information, etc.