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HomeMy WebLinkAboutAppx E 10-04766-018 BRPS Bio Eval 1506231 BIOLOGICAL EVALUATION FOR INFORMAL ESA CONSULTATION For: Black River Pump Station Sediment Removal Project (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: February 5, 2015 SECTION A – General Information 1. Applicant name: Tom Bean, King County Water and Land Resources Division Mailing address: 201 S Jackson St., Rm 600, Seattle, WA 98104-3855 Work phone: 206-477-4638 Cell phone: 206-979-8270 Email: tom.bean@kingcounty.gov Fax: 206-205-5134 2. Joint-use applicant name (if applicable): Mailing address: Work phone: Home phone: Email: Fax: 3. Authorized agent name: George Ritchotte, Herrera Environmental Consultants, Inc. Mailing address: 2200 6th Avenue, Suite 1100, Seattle WA 98121 Work phone: (206) 787-8288 Cell phone: 206-356-0511 Email: gritchotte@herrerainc.com Fax: (206) 441-9108 4. Location where proposed work will occur: Address (street address, city, county): 550 Monster Rd, Renton, King County, WA Parcel # 377920-0090 Location of joint-use property (street address, city, county): same as above Waterbody: Black River, tributary to the Green River (WRIA 9; HUC 171100130001) ¼ Section: SW Section: 13 Township: 23N Range: 4E Latitude: 47°28'31.34"N Longitude: 122°14'41.39"W 2 5. Description of Work Project Overview and Background The King County Water and Land Resources Division (KCWLRD) operates the Black River Pump Station (BRPS) to provide flood control protection for the lower Green River Valley. The BRPS is located about 2 miles west-southwest of Renton, Washington, on the Black River about 1,700 feet upstream from its confluence with the Green River (Figure 1). The pump station consists of a concrete dam that spans the Black River channel, with eight pumps to convey flow from the forebay behind the dam to the downstream Black River channel. Plant pumps can handle Black River flow up to an estimated 2,945 cubic feet per second (cfs) capacity, which exceeds a 1 percent flood condition. In order to protect properties downstream, the station is not run at full capacity when the river is near levee capacity; excess inflow is held in channel storage behind the dam. Flood control is accomplished by starting the large pumps at an early stage of a storm. During normal, non-storm flow conditions, only pump P-1 is used to regulate discharge past the dam, typically cycling on and off for a few hours a day (using an automated stage control system). Fish migration facilities are also included for upstream and downstream fish passage. Sediment that has accumulated upstream of the pump station since its construction in the 1970s is now an operational concern for the facility. The KCWLRD proposes to remove about 2,900 cubic yards of sediment from the river channel, extending about 100 feet upstream of the pump station. The sediment removal area includes a concrete forebay apron (an approximately 1-foot- thick concrete slab covering the 165-foot width between the pump station retaining walls and extending 75 feet upstream of the pumping bays), the narrow area between the dam trash grates and pump bays, and east (upstream) of the apron up to existing grade (Figure 2). The depth of sediment to be removed varies from 7.0 to 15.5 feet. Sediment will be removed by dewatering the work area and excavating directly from the riverbed. Analytical test results on sediment samples indicate arsenic, cadmium, and total petroleum hydrocarbons (TPH) concentrations that exceed the Model Toxics Control Act (MTCA) Method A or B cleanup levels for unrestricted land use. In addition, sediment exceeds freshwater sediment quality criteria for TPH, bis(2-ethylhexyl) phthalate, polychlorinated biphenyls (PCBs), arsenic, cadmium, and nickel. As a result, the removal method will include provisions to control the release of contaminated sediment. Project Description Project construction would entail: • Staging and site preparation, which will include constructing a sediment stockpiling, decant and treatment area and crane pad • Mobilizing equipment in the work area • Isolating the in-water work area with turbidity curtains, a cofferdam, temporary flow diversion structures, or other best management practices (BMPs) • Placing sediment removal equipment in the work area using the crane • Removing and stockpiling sediment adjacent to the river • Decanting stockpiled sediment and treating the wastewater • Removing in-water BMPs • Hauling sediment off-site • Restoring and replanting the staging area 3 Prior to dredging, a staging and sediment stockpiling, decant, and water treatment area will be constructed on the south side of the river. The staging area will include a crane pad to support a crane that will lift and remove equipment into and from the riverbed. Sediment will be removed by dewatered mechanical excavation, which will involve isolating the sediment removal area from the river by constructing a temporary flow diversion structure (e.g., cofferdam) spanning the entire width of the river, installing temporary pumps and piping to divert the river, and dewatering the sediment removal area (Figure 3). Installation of a flow diversion structure will not require impact driving. The work area will be partially dewatered using the pump station pumps until water levels are too low or turbidity levels are too high, at which point portable pumps will be used to remove the remaining water. Pumps will remain on site during excavation to remove water that may seep past the cofferdam. Water will be pumped downstream of the pump station, unless it is too turbid to meet Water Quality Standards for Surface Waters of the State of Washington, in which case it will be pumped directly to the on-site decant facility for treatment prior to being discharged back into the Black River. Fish will be removed from the in-water work zone prior to and during dewatering using a combination of seine and dip netting. Electrofishing may also be used after other fish removal methods have removed most of the adult and sub-adult fish in the work area. Any portable pumps used to dewater the area will be fitted with screens to prevent fish from being sucked into the pumps per RCW 77.57.070. Nets will be composed of non-abrasive nylon material. Fish handling will be kept to the minimum necessary to remove fish from the area. Electrofishing will be conducted. Fish capture and removal will be conducted by a qualified biologist. Sediment will be removed from the riverbed using conventional excavation equipment such as clamshell buckets or backhoes, and stockpiled in the dewatering area. Water that drains from the sediment will be contained and treated prior to being discharged back into the Black River. Water will be tested prior to discharge; if it does not meet surface water quality criteria, it will be discharged to the sanitary sewer system or hauled off-site for disposal. Dewatered sediment will be hauled off-site for disposal at a facility approved to accept such waste. Hydraulic dredging (using suction pumps to remove sediment and entrained water) may also be used to remove sediments within the pump bay area behind the trash racks due to difficulty accessing that area. Once dredging is complete a sand cap approximately 1 ft thick will be placed over the dredged area to minimize the potential for sediment mobilization when the area is rewatered. Project Impacts Staging area construction will temporarily fill about 8,632 square feet of stream and/or wetland buffer on the south side of the river. The buffer is primarily disturbed upland adjacent to the parking lot pump station. Kentucky bluegrass (Poa pratensis) is the dominant species in the buffer, containing one shore pine (Pinus contorta), which is 15 inches diameter at breast height (dbh); two small (2-inch dbh) Douglas-firs (Pseudotsuga menziesii); and several small (2- to 4- inch dbh) red alders (Alnus rubra).The bypass pipe alignment could clear as much as 13,757 square feet of non-native herbaceous vegetation in stream and wetland buffer on the north side of the river. MONSTER RD SW RD SWMONSTERBlack River Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User Community K:\Projects\Y2010\10-04766-018\Project\Biological_Assessment\terrestrial_inwater_extent.mxd (1/7/2015) 0 400 800200Feet Legend Approximate staging area In-water extent of action area (downstream) In-water extent of action area (upstream) Terrestrial extent of action area Railroad PA C I F I CO C E A N WASHINGTON BRITISH COLUMBIA Index Forks TacomaShelton Seattle Everett Chehalis Cle Elum Bremerton Darrington Bellingham Leavenworth Ocean Shores Port Angeles Mount Vernon Olympia ESRI, Aerial (2011) Figure 1. Project Vicinity Map and Action Area forthe Black River Pump Station SedimentRemoval Project, Renton, Washington. Water and Land Resources Division ,?%ODFN5LYHU3XPS6WDB6HG5HPRYDO?%ODFN5LY3XPS6WDWLRQB6HG5HPRYDO?B3/$1GZJ$0':*7R3')SF        5HGYDOXHVLQGLFDWHGHSWKRIVHGLPHQWLQIHHW $VVXPLQJZDWHUOHYHOFDQEHFRQWUROOHGEHWZHHQHOHYDWLRQ DQG 1$9'  DQG ORFDOGDWXP WKHZDWHUGHSWKWRWKHGUHGJHGVXUIDFHZLOOUDQJHEHWZHHQ  DQG 7KHZDWHUGHSWKWRWKHH[LVWLQJVXUIDFHZLOOUDQJHEHWZHHQ DQG   :DWHUHOHYDWLRQVDWZKLFKSXPSVRSHUDWH )LVKPLJUDWLRQV\VWHPLQRSHUDWLRQ  GRZQVWUHDP$SULOWRPLG-XQH  XSVWUHDP6HSWHPEHUWR)HEUXDU\ 3XPSKDQGOHVQRUPDOIORZV    P-1 75 cfs P-3 514 cfs P-2 150 cfs P-4 150 cfs P-5 514 cfs P-6 514 cfs P-7 514 cfs P-8 514 cfs Temporary Cofferdam Location (Offset ~20' from Dredge Area) Figure 1 Hart Crowser 17894-01 5/141 DRAFT Relocated Floating Boom 20.01 ft Silt Curtain Forebay Sediment Removal Components Decant, Stockpile, and Staging Area Figure 2. Forebay sediment removal components 7 Figure 3. Example Dewatered Mechanical Excavation. Avoidance and Minimization Measures • The project was redesigned to minimize impacts on wetlands, wetland and stream buffers, and sensitive wildlife habitat. The staging area was moved from the north side of the river to the south side to avoid impacts on Wetland D and other sensitive habitats. • In-water work will occur during the approved in-water work window (probably July 1 to August 31). • BMPs, such as turbidity curtains and a flow diversion structure, will be implemented during construction to isolate the in-water work area and control the spread of turbidity and contaminated sediments. • The Contractor will develop and implement a Dredging and Disposal Plan that will address requirements to meet water quality criteria. • Once dredging is complete a sand cap approximately 1 ft thick will be placed over the dredged area to minimize the potential for sediment mobilization when the area is rewatered. • All water removed from the river during dredging or excavation and decant activities will be treated for turbidity and toxics before being discharged into the Black River downstream of the pump station. Water will be tested prior to discharge; if it does not meet surface water quality criteria, it will be disposed of off-site. • Sediments will be disposed of at an off-site facility permitted to accept the waste. • Impacts on buffers will be minimized to the extent possible. Temporary buffer impacts will be restored and replanted post project. • A temporary erosion and sediment control (TESC) plan will be implemented during construction to reduce the potential for erosion. • An engineer-approved spill prevention, control, and countermeasures (SPCC) plan will be implemented to guard against the release of any harmful pollutants or products. • Fish will be removed from the in-water work zone prior to dredging. Fish handling will be minimized to the extent possible. Nets will be composed of non-abrasive materials. 8 6. Construction Techniques A. Construction sequencing and timing of each stage (duration and dates): Construction is scheduled to begin in spring of 2016 and will last about 10 weeks. Mobilization of equipment and staging area construction will start in late May. If all the sediment cannot be removed one season, in-water work may resume in 2017. In-water work will take place during the approved in-water work window of July 1 to August 31. B. Site Preparation: Site preparation will consist of: • Flagging the construction limits • Placing high-visibility fencing around sensitive areas that will not be cleared • Installing TESC measures, as required by the approved TESC plan • Flagging trees to be protected • Removing trees as necessary to mobilize equipment, as permitted by the construction plans and specifications • Grading and leveling the staging area • Installing the turbidity curtain and temporary flow diversion structure C. Equipment to be Used: Equipment will consist of: • A flow diversion structure (e.g., cofferdam) • Turbidity curtains to control turbidity • Pumps and piping • Crane and necessary shoring • Excavator • Sediment transfer skid or container • Hydraulic dredge • Sediment dewatering equipment • Water treatment system • Dump trucks Hydraulic dredges would only be used within the pump bay where debris screen and fish screens make access with other tools problematic. D. Construction Materials to be Used: Some of the major construction materials include: • Impermeable liner and berm (such as Ecology blocks) for the sediment stockpiling and decant area • Cobble or gravel for the staging area and crane pad • Topsoil and plants for revegetating cleared areas 9 E. Work Corridor: The work corridor will be limited to the project footprint, which includes the staging area and in-water work area. Transportation of materials to and from the site will use existing state and local roads. F. Staging Areas and Equipment Wash Outs: A staging area will be constructed on the south bank of the Black River to accommodate materials prior to and during construction. The staging area will include a temporary crane pad to support the crane used to lift the excavator and barges into the water and sediment dewatering area (see Section G, below). The staging area will be revegetated post construction with appropriate native plants. G. Stockpiling Areas: The excavated sediment may contain up to 70 percent water by volume, requiring dewatering prior to disposal. A sediment stockpiling, decant, and water treatment area will be constructed south of the river, adjacent to the pump station parking lot. Construction will require ground leveling, laying down an impervious liner, and constructing a berm around the perimeter to contain the sediment and decant water. An additional area will likely be required for treatment of free water that drains by gravity from the sediment. Free water from the sediment stockpile will have relatively high turbidity and may have elevated levels of TPH and metals. Water will most likely be treated on site and discharged back to the Black River. Water will likely be treated through a combination of pumping and settling in tanks (with or without the use of flocculants), sand filtration to remove suspended solids, and possibly carbon filtration to remove the toxics, if needed. Drying agents may be used to speed the dewatering process. Drying agents will not be allowed to come into contact with Waters of the State. Any water discharged to the river will meet Ecology surface water quality criteria for turbidity and toxics. Water will be tested prior to discharge; if it does not meet surface water quality criteria, the contractor will implement additional treatment techniques or dispose of the water off-site. Water may be directed to the nearby King County South Treatment Plant for treatment or hauled to an off-site disposal facility. H. Running of Equipment During Construction: Work will occur during daylight hours; generally from 7 a.m. to 6 p.m. Construction equipment for in-water work will run during the in-water work window of July 1 to August 31. I. Soil Stabilization Needs/Techniques: Soil stabilization will be needed for any areas of exposed soils that will not be disturbed for 7 days in the dry season. Stabilization techniques will likely include seeding, mulching, or plastic covering. 10 J. Clean-Up and Re-Vegetation: Temporarily impacted areas will be re-vegetated after construction is complete. Cleared will be re-vegetated with appropriate vegetation per the project planting plan. K. Storm Water Controls/Management: The project will develop a TESC Plan and stormwater pollution prevention plan to describe stormwater controls and management that will be implemented for the project. Minimum measures to manage stormwater will include: • Marking clearing limits • Establishing construction access • Controlling flow rates • Installing sediment controls • Stabilizing soils • Protecting slopes • Protecting drainage inlets • Controlling pollutants • Controlling dewatering • Maintaining stormwater BMPs • Managing the project and stormwater BMPs L. Source Location of Any Fill Used: Temporary fill material will be placed in the staging and dewatering area. Fill material for the staging area will be clean gravel or cobble. The sediment dewatering area will be lined with an impermeable liner to prevent water from the sediment from contacting the soil or adjacent wetlands. Once dredging is complete a layer of clean sand approximately 1 ft thick will be placed over the dredged area to minimize the potential for sediment mobilization when the area is rewatered. M. Location of Any Spoil Disposal: Sediment dredged from the forebay will be disposed of at an upland facility approved to handle such waste. 7. Action Area The project action area is defined as all areas to be affected directly or indirectly by the action and not only the immediate area involved in the action (50 CFR §402.02). The action area includes the project footprint and all surrounding areas where project activities could potentially affect the environment. The extent of the action area encompasses direct and indirect effects, as well as any effects of interrelated or interdependent actions. No interdependent or interrelated actions were identified for this project. The action area for this project consists of terrestrial and aquatic components. The terrestrial extent of the action area was defined by temporary increases in noise that may result from construction. The boundaries of the aquatic portion of the action area were defined by how far 11 suspended sediments are expected to extend downstream from work activities. The terrestrial portion of the action area for this project extends for a radius of 1,250 feet from the project footprint. The aquatic portion includes the area 270 feet upstream and 200 feet downstream of the pump station (Figure 1). Terrestrial Extent of the Action Area Background noise levels at the pump station were measured at 56 dBA when the pump station pumps were off, and at over 79 dBA when pumps P1 and P2 were operational. Ambient noise levels 640 feet upstream from the project were closer to 49 dBA regardless of whether pumps were operating or not. Construction-related noise will exceed background noise levels near the pump station. The three loudest pieces of construction equipment are clamshell buckets (87 dBA), excavators (81 dBA), and dump trucks (76 dBA), which will produce a combined maximum construction noise level of about 88 dBA measured 50 feet from the source (WSDOT 2014). Construction noise at a vegetated site decreases approximately 7.5 dB per doubling of distance from the source. Construction noise will therefore attenuate to the estimated background noise level of 49 dBA approximately 1,250 feet from the project footprint (Figure 1). Aquatic Extent of the Action Area In-water work will mobilize fine sediments that have settled in the forebay of the BRPS. Turbidity curtains or a flow diversion structure will be installed approximately 120 feet upstream of the pump station prior to starting in-water work to minimize turbidity. Some turbidity will be generated during installation of turbidity curtains or flow diversion structure. Due to the extremely low water velocity typical in the Black River at that time of year, turbidity will likely settle out of the water column within about 25 feet of the curtain or flow diversion structure (both upstream and downstream). The contractor will ensure the project meets the mixing zone per WAC 173-201A-200. Based on summer flows of 7 to 8 cubic feet per second (cfs), the points of compliance will be at a distance of 100 feet per WAC 173-201A-200. During installation and removal of the temporary flow diversion structure, the point of compliance will be located 100 feet upstream from the diversion structure. During dredging activities, the point of compliance will be located 100 feet downstream of the BRPS. The specific point of compliance is based on work activities occurring during the day. The upstream limit of the aquatic portion of the action area is therefore 220 feet (turbidity curtain or flow diversion structure installed 120 feet upstream of BRPS, plus the 100-foot regulatory mixing zone), and the downstream limit of the action area is 100 feet. 8. Species Information: Aquatic Species Puget Sound Chinook salmon (Oncorhynchus tshawytscha) and Puget Sound steelhead (O. mykiss), both listed as threatened under the Endangered Species Act (NMFS 2012), have been documented in the Black River (WDFW 2014). Coho (O. kisutch) and cutthroat (O. clarkii) have also been trapped at several locations in the basin (Kerwin and Nelson 2000). The Black River and Springbrook Creek are documented coho rearing habitat (WDFW 2014) and coho and cutthroat have been observed spawning in Springbrook Creek and its tributaries (Kerwin and Nelson 2000). 12 Chinook salmon enter the Green River system to spawn from September to December. Fourteen Chinook were trapped in a net pen at the BRPS during fish counts in 1994; the first Chinook arrived on September 17, and the last on October 22 (Harza 1995). Adult Chinook salmon were observed entering the BRPS and attempting to spawn at the 27th Street culvert, approximately 1.5 miles upstream of the pump station, in the fall of 1997 (Kerwin and Nelson 2000). Chinook were last observed in Springbrook Creek in 2011 and likely only use the creek intermittently for spawning (USACE 2014). There is no spawning habitat in the action area; substrates in the action area consist of fine-grained sand and silt. Juveniles outmigrate from January to August, with the peak between March and May. Most juveniles have migrated downstream by July (WDFW 2012). Steelhead adults have been observed spawning in Springbrook Creek and its tributaries, upstream of the BRPS (Kerwin and Nelson 2000). A hatchery steelhead was captured on January 5, 1995, in Mill Creek upstream of the Black River Pump Station (Harza 1995), and three steelhead smolts were captured in the BRPS net pen in 1994 (Harza 1995). Winter steelhead begin river entry and spawning in December. Juvenile outmigration peaks in April and May and is generally complete by June (WDFW 2012). Rainbow trout have been documented in Springbrook Creek near the Springbrook Creek Trout Farm in Renton, which rears rainbow trout that sometimes escape into Springbrook Creek. Rainbow trout juveniles and smolts have been captured at the BRPS net pen, but the origin of these fish is uncertain (Harza 1995). Bull trout (Salvelinus confluentus) typically migrate upstream immediately prior to spawning in September and October, and as late as November in lower elevation drainages (KCDNR 2000). Bull trout (Salvelinus confluentus) have never been observed in the Black River, but small numbers have been documented in the Green River (KCDNR 2000; WDFW 2014), which is located approximately 1,700 feet downstream of the BRPS. Dolly Varden (S. malma), a very similar species, have been observed in the Springbrook Creek system (Harza 1995), indicating that bull trout could be present in the Black River. The pump station has upstream and downstream fish migration systems. The upstream system operates between September and February and the downstream system operates between April and June. Between June 1 and September 1, when the in‐water work will take place, neither migration system is in operation, preventing any fish below the pump station from accessing the work zone. Listed salmonids are unlikely to be found in the action area during in-water work, due to project timing, high water temperatures, and low dissolved oxygen (DO). Work will be conducted during the approved in-water work window (July 1 to August 31), when listed fish are least likely to be present in the river. Most juvenile Chinook salmon or steelhead present in the system would likely have migrated downstream by that time of year, and any upstream migration would be prevented by the pump station. September 17 is the earliest documented arrival of Chinook at the BRPS (Harza 1995). Despite timing of in-water work for when listed salmonids are least likely to be present, not all Chinook or steelhead migrate downstream during their first year; and juveniles of these species could be present in the Black River system year-round. However, salmonids would likely avoid the action area during summer months, due to high water temperatures and low DO. Average water temperature in July and August between 1990 and 2014 at King County’s Springbrook Creek water quality monitoring site, about half a mile upstream from the pump station, was 16.9ºC, sometimes exceeding 20ºC (King County 2014a). Summer water temperatures at the 13 BRPS have also been measured at over 20ºC (Kerwin and Nelson 2000). Chinook salmon and steelhead grow more slowly in water temperatures above 18ºC and avoid water temperatures above 20ºC (Carter 2005). Bull trout abundance declines substantially in streams with water temperatures between 15 and 20ºC (75 FR 63897). Juvenile salmonids usually migrate to cooler upstream reaches to avoid high seasonal water temperatures (Sauter et al. 2001). Between 1990 and 2014, DO concentrations at the Springbrook Creek water quality monitoring site averaged 3.5 mg/L in July and August. In six of those years, DO concentrations fell below 3 mg/L and only three measurements exceeded 5 mg/L (King County 2014). Steelhead prefer DO concentrations greater than 7 mg/L (NMFS 2014a), and juvenile steelhead and Chinook actively avoid areas with DO levels lower than 4.5 mg/L (Carter 2005). Long-term exposure to concentrations less than 3.3 mg/L is fatal to juvenile salmonids (Ecology 2002). Terrestrial Species The US Fish and Wildlife Service (USFWS) lists Oregon spotted frog (Rana pretiosa) and yellow-billed cuckoo (Coccyzus americanus) as threatened; both species have the potential to occur in the project vicinity. Critical habitat has been proposed for Oregon spotted frog, but does not occur in the action area (78 FR 53538). Although spotted frogs historically lived in the lower Green River, they are now only known to live in Whatcom, Skagit, Thurston, and Klickitat counties (Hallock 2013). Western yellow-billed cuckoos require large (50 acres or more) tracts of willow/cottonwood forest for nesting (79 FR 48551). Suitable riparian habitat does occur in the action area, but there are no records of this species in the project vicinity. The USFWS also lists the following species as having the potential to occur in the project vicinity: • Whitebark pine (Pinus albicaulis) • Golden paintbrush (Castilleja levisecta) • Grizzly bear (Ursus arctos horribilis) There is no habitat for these species in the action area. Because these species are highly unlikely to be found in the action area, they are not discussed further in this document. 9. Existing Environmental Conditions A. Shoreline Riparian Vegetation and Habitat Features The BRPS is on the western edge of the Black River Riparian Forest and Wetland, a 92-acre riparian wetland reserve, owned by the City of Renton. Riparian vegetation within the reserve consists primarily of black cottonwood (Populus balsamifera), big-leaf maple (Acer macrophyllum), red alder (Alnus rubra), willows (Salix spp.), Pacific dogwood (Cornus nuttallii), cattail (Typhus latifolia), Himalayan blackberry, and reed canarygrass (Photo 1). The BRPS impounds water, creating a large, slow-moving turbid pool. There is little large woody debris, and no undercut banks or off-channel habitat. Substrates consist of fine- grained sand and silt. A floating boom was installed across the river in 2010 to capture large trash and debris that could rack up against the pump station during flood events. 14 B. Aquatic Substrate and Vegetation Substrate in the action area generally consists of several feet of fine-grained sand and silt. Aquatic vegetation is limited to cattails and yellow flag iris (Iris pseudacorus) at the water’s edge and a few isolated patches of pondweed (Potamogeton spp.). Algae was observed floating on the water surface during a site visit in July 2014 (Photo 1). Photo 1. Black River Riparian Forest immediately upstream of the pump station. The photo was taken from the south side of the river. C. Surrounding Land/Water Uses Land immediately adjacent to the BRPS consists of the Black River Riparian Forest and Wetland. This reserve is bordered to the south by Monster Road and to the north by railroad tracks and a concrete recycling facility. The Black River watershed is highly urbanized. Land use consists primarily of commercial and industrial properties, with a dense network of roads. Remaining areas of natural vegetation are fragmented, due to surrounding development within the cities of Renton and Tukwila. Riparian strips along the Black River, Springbrook Creek, and the Green River are the primary wildlife migration and movement corridors connecting these vegetation patches. A narrow vegetated corridor along Springbrook Creek provides some connectivity of riparian habitat to other wetland systems to the south within the Green River valley, but this corridor is disrupted by several road and highway crossings. The Black River follows a thin vegetated 15 strip that connects to the Green River corridor, linking upstream and downstream riparian habitats along the Green River; however, most riparian areas have been replaced by commercial and industrial development. D. Level of Development The Black River watershed is highly urbanized. Land use consists primarily of commercial and industrial properties, with a dense network of roads. E. Water Quality The Black River is listed as impaired on the state 303(d) list for fecal coliform and is listed as a water of concern for DO, temperature, and bis(2ethylhexyl)phthalate (Ecology 2012). Sediment samples collected by King County indicate that the sediment contains levels of arsenic, cadmium, and TPH that exceed the Model Toxics Control Act (MTCA) Method A or B cleanup levels for unrestricted land use (King County 2008). In addition, sediment exceeds freshwater sediment quality criteria for TPH, bis(2-ethylhexyl) phthalate, PCBs, arsenic, cadmium, and nickel. Road runoff over the years is the likely source of most contaminants. Background turbidity levels are approximately 10 nephelometric turbidity units (NTU), based on measurements taken by King County upstream of the pump station (King County 2010a, b). The upstream water level is controlled by eight pumps. Three of the pumps (pumps 1, 2, and 4) operate automatically and are activated by fluctuations in water level. The remaining pumps are manually operated and are only activated when storm events cause high flows. Summer flows can usually be managed by pump P-1. Water level in the forebay is normally held between 2.5 and 4.0 feet elevation (NAVD 29). Summer flows are around 7 to 8 cfs. F. Describe use of the action area by listed salmonid fish species. Puget Sound Chinook salmon and Puget Sound steelhead, both listed as threatened under the Endangered Species Act (NMFS 2012), have been documented in the Black River (WDFW 2014). Adult Chinook salmon have been observed entering the BRPS and attempting to spawn at the 27th Street culvert, approximately 1.5 miles upstream of the pump station (Kerwin and Nelson 2000). There is no spawning habitat in the action area. Substrates in the action area consist of fine-grained sand and silt. Fall Chinook salmon enter the Green River system to spawn from September to December. Juveniles out-migrate from January to August, with the peak between March and May. Most juveniles have migrated downstream by July (WDFW 2012). Steelhead adults have been observed spawning in Springbrook Creek and its tributaries, upstream of the BRPS (Kerwin and Nelson 2000). Winter steelhead begin river entry and spawning in December; juvenile outmigration peaks in April and May and is generally complete by June (WDFW 2012). Bull trout have never been observed in the Black River, but have been documented in the Green River (WDFW 2014), approximately 1,700 feet downstream of the BRPS. There are no physical barriers to prevent bull trout from accessing the system, except from June 1 to September 1 when the BRPS fish ladder is not operational. 16 G. Is the project located within designated/proposed bull trout or Pacific salmon critical habitat? If so, please address the proposed project’s 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/Endange redSpecies.aspx, select Forms, Tools and References; Forms and Templates; Critical Habitat Assessment Forms) The project is located within designated Puget Sound Chinook salmon critical habitat (NMFS 2014b); see Attachment A, Assessment of Impacts to Critical Habitat. There is no designated bull trout critical habitat or proposed steelhead critical habitat in the action area. H. Describe use of the action area by other listed fish species (green sturgeon, eulachon, bocaccio, canary rockfish and yelloweye rockfish). None present. 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 The project is not located within designated or proposed critical habitat for any of these species. 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. The action area does not contain any suitable habitat for marbled murrelets and murrelets are extremely unlikely to use the action area. Marbled murrelets forage in marine waters, and their terrestrial habitat generally consists of large core areas of mature and old growth forests with low amounts of edge habitat and fragmentation (76 FR 61599). This type of habitat does not occur in the action area. The nearest designated critical habitat for marbled murrelets is on the west slopes of the Cascades approximately 30 miles east of the action area (USFWS 2014). K. Describe use of action area by the spotted owl. How far to the nearest spotted owl 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. The project action area does not contain suitable habitat for spotted owls, which typically use mature coniferous forest (77 FR 71876). The project action area is dominated by deciduous tree species, specifically black cottonwood and red alder. The nearest designated critical habitat for spotted owls is on the west slopes of the Cascades, approximately 30 miles east of the action area (USFWS 2014). 17 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 haul-out 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 haul-out sites. N/A N. For marine areas only: Forage Fish Habitat – only complete this section if the project is in tidal waters. 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 potentially suitable forage fish spawning habitat: Surf Smelt: Pacific Herring: Sand Lance: N/A 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. 10. Effects Analysis Direct Effects: The primary impacts from this project are turbidity that will be generated during in-water work, and any contaminants associated with sediments becoming suspended in the water column. Any listed species in the forebay could also be disturbed or possibly injured during fish removal. 18 Turbidity In-water work could generate turbidity levels high enough to affect listed fish species in the action area. High turbidity can cause physiological effects such as gill trauma, elevated stress levels, and reduced growth rates, or behavioral changes such as avoidance of turbid areas, reduced foraging efficiency, and reduced reactive distance to predators, thus increasing the risk of predation (Bash et al. 2001). The in-water work area will be isolated by a turbidity curtain extending to the mud line prior to beginning in-water work, and a cofferdam will be installed to reduce the potential for turbidity during dredging. Turbidity curtains have been used successfully to achieve water quality criteria for dredging projects with similar site conditions (fine-grained sediment, relatively shallow areas with low-velocity flows). Installing and removing the turbidity curtain and cofferdam would disturb fine sediments in the forebay, and some turbidity may escape the turbidity curtains, causing a turbidity plume that could extend upstream and downstream of the pump station. There is also a risk for increased turbidity when the area is re-watered after dredging is complete. To prevent water quality exceedances, turbidity curtains and the cofferdam will be installed when the pump station pumps are turned off; water will be reintroduced slowly to the dredged area after dredging is completed. Portable pumps will be used to pump the Black River around the in-water work area and from within the work zone. If turbidity levels are too high, water from the portable pumps will be pumped to the sediment dewatering area to prevent water quality violations. Although listed salmonids are unlikely to be present either in the pump station forebay or downstream of the BRPS during construction (because of project timing and degraded water quality), it is still possible that juvenile Chinook salmon or steelhead could be present and exposed to elevated turbidity levels. Contamination Sediments in the BRPS forebay contain elevated levels of arsenic, cadmium, nickel, TPH, PCBs, and phthalates above known toxicity levels. Exposure of salmonids to these substances can result in a variety of chronic and acute behavioral and health effects, such as decreased prey capture efficiency, reduced overall condition, or direct mortality (WSDOT 2007). Contaminants generally adhere to suspended sediment particles. Sediment will be controlled by installing a turbidity curtain, temporary diversion structure, or other BMPs to meet water quality requirements. Despite implementation of BMPs, sediments will be disturbed during project construction, potentially exposing any listed salmonids in the action area to contamination. Because work will be conducted in July and August, when listed salmonids are least likely to occur in the Black River system, and the high water temperatures and low DO likely would preclude salmonid presence, the chance of exposure is extremely low. Fish Removal Fish will be removed from the work area using a combination of seine and dip nets. Electrofishing may be used once other methods have removed most of the adult and sub-adult fish. Netting has the potential to harass, injure, or even kill any fish removed from the work zone. Nets will be composed of a non-abrasive material such as nylon, and fish will be handled as little as possible to minimize the potential for injury. Fish will be handled with care and kept in water 19 at all times during transfer to limit stress. Fish will be released as near as possible to the isolation zone. Portable pumps used to dewater the work area will be fitted with screens to prevent fish from being sucked into the pumps. Electrofishing will be the removal method of last resort. Electrofishing will be performed by qualified biologists and will conform to the latest protocols and standards. Because listed fish are not likely to be present in the work zone during construction, the potential for injury is low. Indirect Effects: Indirect effects are those caused by, or resulting from, the proposed action and are later in time, but are still reasonably certain to occur (50 CFR §402.02). Indirect effects could be caused by changes to ecological systems resulting in altered habitat or predator/prey relationships or anticipated changes in human activities, including changes in land use. The project will not result in any land use changes, but turbidity and the spread of potentially contaminated sediments could result in minor ecological changes by reducing the availability of macroinvertebrates that make up part of the juvenile salmonid diet. Turbidity and siltation can clog mouthparts and fill in habitat (Bash et al. 2001). However, the duration of work is short, and the area of in-water work is small, resulting in minor expected effects to prey species, which reproduce quickly so would probably recover quickly (within months) from any adverse effects. Some contaminants can become absorbed in the tissues of prey species and become increasingly concentrated as they move up the food chain, eventually reaching levels high enough to become toxic. While bioaccumulation of metals is rare (McGeer et al. 2004), some hydrocarbon compounds and PCBs readily bioaccumulate (Meador et al 1995; Kuzyk 2000). Macroinvertebrates exposed to elevated levels of contaminants could be eaten by juvenile salmonids post project, potentially causing an impact after the project has been completed and fish return to the system and consume those prey items. Again, the extent and duration of exposure of aquatic organisms to contaminants are likely too small and short to result in any measureable effect to listed fish species. Beneficial Effects: The project will remove approximately 2,900 cubic yards of potentially contaminated sediment from a stream documented to contain Chinook salmon and steelhead, and designated Chinook salmon critical habitat. Removing the sediment will reduce the potential for exposure of Chinook salmon and steelhead or their prey to contaminants. 11. Conservation Measures The following conservation measures will be implemented to avoid and minimize impacts associated with construction: • In-water work will occur during the approved in-water work window (probably July 1 to August 31). • Turbidity curtains or other BMPs will be used to minimize turbidity and the spread of potentially contaminated sediments. • All water removed from the river during dewatering and decant activities will be treated to meet Ecology surface water quality criteria for turbidity and toxics before being discharged into the Black River downstream of the pump station. • Drying agents will not be allowed to come into contact with Waters of the State. 20 • A TESC plan will be implemented during construction to prevent and reduce the potential for erosion (Appendix A). The plan requires the placement and maintenance of erosion control measures on site throughout construction. Measures could include placement of straw wattles, silt fences, temporary seeding, and/or soil coverings as appropriate. • Once dredging is complete a sand cap approximately 1 ft thick will be placed over the dredged area to minimize the potential for sediment mobilization when the area is rewatered. • An engineer-approved SPCC plan will be implemented to guard against the release of any harmful pollutants or products. • All disturbed areas will be re-vegetated with native plant species following construction. • The project will comply with all terms and conditions of any applicable state and local regulations and permits. • Fish will be removed from the in-water work zone prior to dredging. Fish handling will be minimized to the extent possible. Fish nets will be composed of non-abrasive materials. 12. Determination of Effect On the basis of the analyses described in this Biological Evaluation, the proposed project may affect, but is not likely to adversely affect, Puget Sound Chinook salmon, Puget Sound steelhead, and Coastal-Puget Sound bull trout. The project may affect Puget Sound Chinook, Puget Sound steelhead, and Coastal-Puget Sound bull trout because: • These species have been documented in or near the action area and could be present during in-water work. • The project will cause temporary increases in suspended sediment and turbidity. • Sediment samples collected in 2008 contained elevated levels of TPHs, metals, and other contaminants. • Dewatering the in-water work zone will require capture and relocation of any listed fish species within the dewatered area. The project is not likely to adversely affect Puget Sound Chinook, Puget Sound steelhead, and Coastal-Puget Sound bull trout for the following reasons: • Work will take place during the approved in-water work window when listed salmonids are least likely to be present in the action area. • Probable elevated summer water temperatures and low DO will likely discourage salmonid presence and preclude bull trout presence. • Implementation of appropriate BMPs will minimize turbidity and the spread of potentially contaminated sediments. • Fish removal and handling will be conducted in such a way as to minimize impacts on any listed species that might be captured. Oregon spotted frog and yellow-billed cuckoo have not been documented in the action area and are extremely unlikely to occur there during project construction. The project will therefore have no effect on Oregon spotted frog or yellow-billed cuckoo. 21 13. EFH Analysis A. Description of the Proposed Action Sediment that has accumulated upstream of the BRPS since its construction in the 1970s is now an operational concern for the facility. The KCWLRD proposes to remove about 2,900 cubic yards of sediment from the river channel, extending about 100 feet upstream of the pump station. The sediment removal area includes a concrete forebay apron (an approximately 1-foot-thick concrete slab covering the 165-foot width between the pump station retaining walls and extending 75 feet upstream of the pumping bays), the narrow area between the dam trash grates and pump bays, and east (upstream) of the apron up to existing grade (Figure 2). The depth of sediment to be removed varies from 7 to 15 feet. Sediment will be removed by dewatering the work area and excavating directly from the riverbed. Please see Section 1, above, for a detailed description of the proposed action. B. Addresses EFH for Appropriate Fisheries Management Plans (FMP) The Pacific Fishery Management Council (PFMC) has designated EFH for the Pacific salmon fishery, federally managed ground fishes, and coastal pelagic fisheries. Freshwater EFH for Pacific salmon includes all those streams, lakes, ponds, wetlands, and other water bodies in Washington, Oregon, Idaho, and California currently or historically accessible to salmon species managed under any federal fisheries management plan. Exceptions include areas upstream of certain impassable man-made barriers, as well as longstanding, naturally impassable barriers (PFMC 2012). The project action area includes areas designated as EFH for Pacific salmon, including Chinook salmon, pink salmon (Oncorhynchus gorbuscha), and coho salmon (O. kisutch). The project does not involve any marine work and will have no effect on marine habitat; therefore, it will have no effect on EFH for groundfish or coastal pelagic species. C. Effects of the Proposed Action i. Effects on EFH The project will have no effect on marine habitat; therefore, it will have no effect on EFH for groundfish or coastal pelagic species. As described in detail in the Effects Analysis section, the project may result in direct, short-term, construction-related effects to salmon EFH, such as temporary sedimentation and turbidity and mobilization of contaminated sediments. Impacts will be minimized through project design and implementation of BMPs to minimize turbidity and the spread of contaminated sediments. ii. Effects on Managed Species. The project will not adversely affect associated species because impacts will be minimized through project design and implementation of BMPs to minimize turbidity and the spread of contaminated sediments. Moreover, it is unlikely that listed species will be present in the action area during project construction. 22 iii. Effects on Associated Species, Including Prey Species Chinook and coho salmon prey in part on benthic macroinvertebrates. Dredging and sediment removal may temporarily reduce the number and availability of these species. However, benthic macroinvertebrates are short-lived and reproduce rapidly so they will likely re-colonize the dredged area within a few months of project completion. D. Proposed Conservation Measures The habitat requirements for the Magnuson-Stevens Act-managed species within the action area (i.e., EFH) are similar or identical to those of the ESA-listed species. Conservation measures are listed in Sections 5 and 11, above. E. Conclusions by EFH The proposed project will adversely affect EFH for Pacific salmonids by generating turbidity during in-water work and disturbing potentially contaminated sediments that could become re-suspended in the water column. Impacts will be short-term and limited to the duration of in-water work (approximately 8 weeks in each construction season). 23 14. References Bash, J., C. Berman, and S. Bolton. 2001. Effects of turbidity and suspended solids on salmonids. White paper prepared for the Washington State Department of Transportation. Available online at http://www.wsdot.wa.gov/research/reports/fullreports/526.1.pdf. Carter, K. 2005. The Effects of Dissolved Oxygen on Steelhead Trout, Coho Salmon, and Chinook Salmon Biology and Function by Life Stage. California Regional Water Quality Control Board. Available online at http://www.swrcb.ca.gov/northcoast/water_issues/programs/tmdls/shasta_river/060707/29append ixbetheeffectsofdissolvedoxygenonsteelheadtroutcohosalmonandchinooksalmonbiologyandfuncti on.pdf. Ecology. 2002. Evaluating criteria for the protection of aquatic life in Washington’s surface water quality standards: dissolved oxygen. Draft discussion paper and literature summary. Washington State Department of Ecology, Olympia, Washington. Ecology. 2012. Washington State Water Quality Assessment 305(b) report and 303(d) list. Washington State Department of Ecology. Accessed online July 8, 2014 at https://fortress.wa.gov/ecy/wqamapviewer/default.aspx?res=1920x1080. Hallock, L. 2013. Draft State of Washington Oregon spotted frog recovery plan. Washington Department of Fish and Wildlife, Olympia, Washington. 93+v pp. Harza. 1995. Comprehensive Fisheries Assessment of the Springbrook, Mill and Garrison Creek Watershed for the City of Kent. Prepared for City of Kent, Environmental Engineering. June 1995. Kerwin, J. and T.S. Nelson. 2000. Habitat Limiting Factors and Reconnaissance Assessment Report. Green/Duwamish and Central Puget Sound Watersheds. Available online at http://www.govlink.org/watersheds/9/reports/Recon.aspx. King County Department of Natural Resources (KCDNR). 2000. Literature Review and Recommended Sampling Protocol for Bull Trout in King County. Seattle, Washington. May 2000. King County. 2008. King County Environmental Lab Matrix Report #12983, Project 421195. King County. 2010a. WLRD/Environmental Lab. Black River Pump Station Sediment Dewatering Water & Sediment, collected on April 30 and May 6, 2010, June 4, 2010. King County. 2010b. WLRD/RFPMS. Black River Pump Station Sediment Collection & Hanging Bag Test on April 29, 2010 (Memorandum by Erik Peters), May 4, 2010. King County. 2014. King County Stream Monitoring Data for Springbrook Creek (Site #0317). Downloaded from the King County website on September 29, 2014 at http://green2.kingcounty.gov/StreamsData/DataDownload.aspx?Locator=0317. Kuzyk, Z.Z. 2000. Bioaccumulation of PCBs from contaminated sediments in a coastal marine system of northern Labrador. Queen’s University, Kingston, Ontario, Canada. Available online at http://www.collectionscanada.gc.ca/obj/s4/f2/dsk1/tape4/PQDD_0035/MQ52917.pdf. 24 Meador, J., J.E. Stein, W.L. Reichert, and U. Varanasi. Bioaccumulation of polycyclic aromatic hydrocarbons by marine organisms. 1995. Reviews of Environmental Contamination and Toxicology 143: 79-165. McGeer, J., G. Henningsen, R. Lanno, N. Fisher, K. Sappington, and J. Drexler. 2004. Issue paper on the bioavailability and bioaccumulation of metals. U.S. Environmental Protection Agency. Available online at http://www.epa.gov/raf/publications/pdfs/BIOFINAL81904.PDF. NMFS. 2012. Status of ESA listings and critical habitat designations for West Coast salmon and steelhead. Accessed online July 8, 2014 at http://www.westcoast.fisheries.noaa.gov/publications/protected_species/salmon_steelhead/status_ of_esa_salmon_listings_and_ch_designations_map.pdf. NMFS. 2014a. Office of Protected Resources species profile: steelhead trout. Available online at http://www.nmfs.noaa.gov/pr/species/fish/steelheadtrout.htm. NMFS. 2014b. Critical habitat mapper. Accessed online July 1, 2014 at http://map.streamnet.org/website/CriticalHabitat/viewer.htm. PFMC. 2012. Pacific Coast Salmon Plan for Commercial and Recreational Salmon Fisheries Off the Coasts of Washington, Oregon and California as Revised Through Amendment 17. Pacific Fishery Management Council, Portland, Oregon. October 2012. Available online at http://www.pcouncil.org/wp-content/uploads/FMP_through_A-17_Final.pdf. Sauter, S.T., J. McMillan, and J. Dunham. 2001. Issue Paper 1: Salmonid Behavior and Water Temperature. Prepared as Part of EPA Region 10 Temperature Water Quality Criteria Guidance Development Project. EPA-910-D-01-001. Available online at http://yosemite.epa.gov/r10/water.nsf/6cb1a1df2c49e4968825688200712cb7/5eb9e547ee9e111f8 8256a03005bd665/$file/paper%201-behavioral-5-9.pdf. USACE. 2014. Upper Springbrook Creek: Year Two Biological Monitoring. U.S. Army Corps of Engineers, Seattle District. Seattle, Washington. USFWS. 2014. Critical habitat mapper. Accessed online July 1, 2014 at http://ecos.fws.gov/crithab/. WDFW. 2012. Green River Juvenile Salmonid Production Evaluation: 2011 Annual Report. Available online at http://wdfw.wa.gov/publications/01417/wdfw01417.pdf. WDFW. 2014. SalmonScape. Accessed online July 1, 2014 at http://apps.wdfw.wa.gov/salmonscape/map.html. WSDOT. 2007. Potential effects of highway runoff on priority fish species in western Washington. White paper prepared by Pacific EcoRisk. Available online at http://www.wsdot.wa.gov/NR/rdonlyres/BA4454DF-7FD3-4EE0-A071- F357C559FA5A/0/BA_EffectsOnFish.pdf. WSDOT. 2014. Biological Assessment Preparation Advanced Training Manual Version 04-02-2014. Accessed online July 2, 2014 at http://www.wsdot.wa.gov/NR/rdonlyres/448B609A-A84E-4670- 811B-9BC68AAD3000/0/BA_ManualChapter7.pdf. Attachment A ASSESSMENT OF IMPACTS TO CRITICAL HABITAT FOR ESUs of Pacific Salmon and Steelhead in Washington Designated December 28, 1993, and September 2, 2005 Salmon and Steelhead Critical Habitat – Primary Constituent Elements From 50 CFR Part 226 70 FR 52664-5 Select all critical habitat ESUs in the action area:  Puget Sound Chinook Ozette Lake sockeye Lower Columbia River (LCR) Chinook SR sockeye Upper Willamette River (UWR) Chinook UCR steelhead Upper Columbia River (UCR) spring Chinook Mid-Columbia River (MCR) steelhead Snake River (SR) fall Chinook LCR steelhead SR spring-summer Chinook UWR steelhead Hood Canal summer chum SR steelhead Columbia River chum The primary constituent elements determined essential to the conservation of Puget Sound Chinook are: (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Existing Conditions: There is no spawning habitat in the action area. Substrates in the action area consist of several feet of fine-grained sand and silt. Effects to PCE: N/A (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and 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: Rearing habitat in the action area is limited by degraded water quality, particularly in the summer. The stream has been largely channelized and cleared up to the banks for much of its length. Riparian vegetation downstream of the pump station and in the Black River Riparian Forest does provide some cover and overhanging wood. Large woody debris, log jams, beaver dams, side channels, or undercut banks are scarce (Refer to Section 9 of the BE for more information on existing conditions). Effects to PCE: In-water work will disturb sediments for approximately 8 weeks, temporarily decreasing water quality for the duration of in-water work. Over the long term the project will remove nearly 3,000 cubic yards of contaminated sediments, reducing the potential for fish to be exposed to harmful contaminants. (3) Freshwater migration corridors free of obstruction 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: This PCE is degraded in the action area. Water quality is poor, and natural features such as large wood, aquatic vegetation, rocks, boulders, side channels, and undercut banks are almost completely lacking. During the summer months when in-water work will take place the Black River Pump Station (BRPS) pumps are not operating and the pump station is a complete fish passage barrier (Refer to Section 9 of the BE for more information). Effects to PCE: The project will not affect migration corridors. The BRPS is already a complete barrier during the in- water work window and the project will not further degrade this condition. (4) Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh-and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: This PCE does not occur in the action area. Effects to PCE: N/A (5) Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels. Existing Conditions: This PCE does not occur in the action area. Effects to PCE: N/A (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: This PCE does not occur in the action area. Effects to PCE: N/A Determination of Effect: If critical habitat for the ESU does not occur in the action area, no determination of effect is required for that ESU. NE1 NLAA2 LAA3 Puget Sound Chinook:  LCR Chinook UWR Chinook UCR spring Chinook SR fall Chinook SR spring-summer Chinook Hood Canal summer chum Columbia River chum Ozette Lake sockeye SR sockeye UCR steelhead MCR steelhead UWR steelhead SR steelhead 1 NE is no effect. 2 NLAA is may affect, not likely to adversely affect. 3 LAA is may affect, likely to adversely affect. The project may affect Puget Sound Chinook salmon critical habitat because: • Critical habitat has been designated in the action area. • Temporary increases in turbidity and disturbing potentially contaminated sediments could temporarily degrade PCE 2. The project is not likely to adversely affect Chinook critical habitat because: • Project impacts are temporary. • Work will take place during the in-water work window when juvenile Chinook salmon are least likely to be rearing in the action area. Conservation Measures: • In-water work will occur during the approved in-water work window (~July 1 to August 31). • Turbidity curtains, cofferdams, or other BMPs will be used to minimize turbidity and the spread of potentially contaminated sediments. • Turbidity curtains or cofferdams will be deployed while the pumps are shut off, allowing sediments to settle before water is pumped downstream. • If water to be pumped downstream of the BRPS from portable pumps does not meet Ecology surface water quality criteria it will be pumped to the on-site water treatment facility. • Sediments will be disposed at an off-site facility permitted to accept the waste. • All water removed from the river during dewatering and decant activities will be treated to meet Ecology surface water quality criteria for turbidity and toxics before being discharged into the Black River downstream of the pump station. • A temporary erosion and sediment control (TESC) plan will be implemented during construction to prevent and reduce the potential for erosion (Appendix A). The TESC plan requires the placement and maintenance of erosion control measures on site throughout construction (see BMPs above). Erosion control measures will be applied in areas during the clearing, excavation, pipe installation, and site restoration work. These measures will include placement of straw wattles, silt fences, temporary seeding, and/or soil coverings as appropriate. • An engineer-approved spill prevention, control, and countermeasures (SPCC) plan will be implemented to guard against the release of any harmful pollutants or products. • Impacts on buffers will be minimized to the extent possible. Affected buffers will be restored and replanted post project. • All disturbed areas will be revegetated with native plant species following construction. • The project will comply with all terms and conditions of any applicable state and local regulations and permits.