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HomeMy WebLinkAboutRS_Habitat_Data_Report_210420_v1 2200 Sixth Avenue | Suite 1100 | Seattle, Washington | 98121 | p 206 441 9080 | f 206 441 9108 SEATTLE, WA | PORTLAND, OR | MISSOULA, MT | OLYMPIA, WA | BELLINGHAM, WA mdf apxf_18-06779-000_madsennoeffectletter_20210310.docx March 10, 2021 Amanda Pierce, P.E. City of Renton Surface Water Utility Engineering 1055 Grady Way Renton, Washington 98057 Subject: Madsen Creek Flood Improvement Project – FEMA Floodplain Habitat Assessment for Endangered Species Act Compliance Dear Amanda: The City’s authorization of the Surface Water Utility Engineering Division’s proposed Madsen Creek Flooding Improvement Project requires compliance with the Federal Emergency Management Agency’s (FEMA’s) provisions for the protection of federally listed fish and wildlife species and associated designated critical habitats according to the Endangered Species Act (ESA). This letter has been prepared on behalf of the City based on FEMA’s Region 10 regional (Puget Sound basin) guidance for submittal of floodplain habitat assessment and mitigation documentation (FEMA 2013). This assessment documents that the project will have no effect on ESA-listed protected species or associated designated critical habitat. The City’s proposed flood improvement measures are likely to benefit all fish in the Madsen Creek system, listed and non- listed species, by decreasing overbank flooding on developed lands and improving the water quality within the project area tributary drainages to the Cedar River. P ROJECT AREA D ESCRIPTION The Madsen Creek Flooding Improvement Project area, which includes four work sites, labeled as 1 through 4, is located within the Renton city limits and unincorporated King County, in the SW and SE 1/4s of Sections 22 and 23, respectively, in Township 23 North, Range 05 East of the Willamette Meridian (see Figure 1). The Madsen Creek drainage basin, tributary to the Cedar River, is situated within the Lower Cedar River Watershed and Water Resource Inventory Area (WRIA) 8: Cedar-Sammamish. The Hydraulic Unit Code (HUC) for Cedar River- Madsen Creek watershed is 17110012 (USGS 2020). LakeYoung ¬«169 LakeWashington LakeSammamish Cedar River Madsen Creek DuwamishRiver §¨¦5 ¬«167 §¨¦90 §¨¦405 ¬«18 Auburn Bellevue Burien Covington Issaquah Kent Mercer Island Maple Valley Newcastle Renton Seattle Sammamish SeaTac Tukwila Pictometry, King County King County, Aerial (2017) 0 2 41Miles Legend Study area County boundary City limits Stream(King County) Roads PACIFIC OCEANOREGON WASHINGTON Area ofmap detail K:\Projects\Y2018\18-06779-001\Project\Report\Figure1_vicinity_map_letter.mxd E Figure 1.Vicinity Map for the Madsen Creek Flooding Improvement Project. Amanda Pierce, P.E. March 10, 2021 Page 3 Sites 1 and 2 are located within a City maintenance easement on the New Life Church@Renton property (King County Tax Parcel #2323059021) at 15711 152nd Avenue Southeast. These two sites are, respectively, associated with an existing in-stream sediment basin and the Madsen Creek high flow bypass channel that were constructed in the late 1970s and 1980s by King County for stormwater management and flood control. Adjacent areas to the east of Sites 1 and 2 on the church property include an athletic field and the Madsen Creek low flow channel. This low flow channel conveys streamflows year-round, whereas the high flow bypass channel conveys flow only in large storm events that exceed the capacity of a small diameter culvert equipped with a weir that routes flow out of the sediment basin into the low flow channel. A larger concrete box culvert connects the sediment basin to the high flow bypass channel, with an invert elevation slightly higher than the low flow outlet culvert. The Madsen Creek low flow channel is buffered between the church’s buildings and parking areas to the east and the athletic field to the west by a corridor of mixed trees and shrubs approximately 100 feet wide (Figure 1). The Wonderland Estates residential community, owned and operated by the King County Housing Authority, is west of Sites 1 and 2 and to the south of Site 3. Site 3 also extends onto City-owned right-of-way (for State Route [SR] 169) north of a single-family residential property to the east of Wonderland Estates. Project work at Site 3 will include construction of a combination berm (on Wonderland Estates property) and floodwall (on City right-of-way) to contain flood flows in the low flow channel adjacent to the left (south) bank of the channel. This wall and berm will extend for a total length of 210 feet from high ground near the culvert that conveys the Madsen Creek low flow channel beneath the high flow bypass channel westward across the Wonderland Estates property (Tax Parcel #2323059020) to connect with high ground on the west side of the entrance to the creek culvert under SR 169, in the SR 169 right-of-way which is owned by the City. Project work at Site 4 includes berm construction adjacent to the right (north) bank of the Madsen Creek low flow channel, on the north side of the Cedar River Trail and east of 149th Avenue Southeast. The trail is located within an easement on BNSF Railway land that parallels the north side of the SR 169 right-of-way. A portion of the Site 4 work will occur on a single-family residential property (Tax Parcel #2323059070) located at 15214 149th Avenue Southeast in unincorporated King County. Ron Regis Park is located to the northwest of 149th Avenue Southeast and the project area. The Madsen Creek low flow and high flow bypass channels each route streamflow to the Cedar River. Along the length of the low flow channel downstream of the sediment basin there are three culverts: one where the low flow channel passes beneath the high flow bypass channel, one beneath SR 169, and one beneath 149th Avenue Southeast. The high flow bypass channel has one culvert along its length, beneath SR 169 (Figure 1). There are riparian wetlands associated with the low flow channel in several locations upstream of 149th Avenue Southeast, and large wetland areas north of Ron Regis Park in which the low flow channel becomes dispersed and unrecognizable. The proposed project involves creating a designated spillway for the sediment basin at Site 1 to prevent and minimize flooding of the Wonderland Estates development if the basin outflows exceed the capacity of the culvert connected to the high flow bypass channel. Proposed berms at Sites 2, 3, and 4 and the floodwall at Site 3 will reduce the Amanda Pierce, P.E. March 10, 2021 Page 4 risk of flood flow spilling out of the stream channel and inundating adjacent residential areas and roadways. Sediment removal and minor widening within the high flow bypass channel at Site 2 will increase flood water storage capacity. In combination with the new right bank berm at Site 2, all of the flow that enters the high flow bypass channel up to the 100-year recurrence event will reliably be routed to the Cedar River, which was the original intention of this bypass channel. The preliminary Flood Insurance Rate Map (Firm) Panel 0984G for King County, Washington, and Incorporated Areas, dated September 15, 2017, indicates that Site 3 along the Madsen Creek low flow channel and a portion of Site 2 along the high flow bypass channel are situated within a Zone A Special Flood Hazard Area associated with the 100-year floodplain of the Cedar River. No base flood (i.e., 100-year flood) elevation has been determined in Zone A areas, by definition. Site 4 is situated within Zone AE of the 100-year Cedar River floodplain. The base flood elevation in this area is 102 feet (North American Vertical Datum of 1988) (FEMA 2017). Hydraulic modeling was completed by Watershed Science & Engineering (WSE) to validate the flood containment ability of the proposed project improvements (WSE 2019). The proposed floodwall and berm at Site 3 and the proposed berm at Site 4 will displace existing flood storage, requiring compensatory flood storage per City of Renton and King County requirements. The proposed widening of the high flow bypass channel at Site 2, beyond the channel’s originally constructed dimensions, is for purposes of providing compensatory flood storage to offset the displaced flood storage at Sites 3 and 4. E NVIRONMENTAL SETTING AND H ABITAT Wetlands, Streams, and Fish Flood control measures implemented by King County in the 1970s and 1980s within the Madsen Creek drainage basin included realignment of the Madsen Creek channel (to create the low flow channel),construction of the sediment basin at Site 1, and construction of the high flow bypass channel (Site 2) on the western portion of the New Life Church property. In 2018, Herrera scientists documented the ordinary high water mark (OHWM) of the Madsen Creek low flow channel and delineated nine wetlands, labeled as Wetlands A through I, within the vicinity of the project sites (Herrera 2018, Figure 2). The boundary of the OHWM within the high flow bypass channel was not delineated in the field because there is no “ordinary” flow condition in that channel. The channel intermittently conveys flows in relation to large flood events, and the frequency and depth of those flows varies considerably year to year. Therefore, the OHWM in the high flow bypass channel upstream of SR 169 was defined based on the simulated area (i.e., depth) of inundation in the 2-year flood event in accordance with the Washington State OHWM guidelines (WSE & Herrera 2021). Cedar River Madsen Creek High Flow ChannelKing County Madsen Creek Low Flow Cha n n e l King County Ron Regis Park New Life Church Elliott Bridge Reach Mitigation Site Wonderland Estates Sediment Basin Wetland E (2018) Wetland F (2018)Renton SE RENT O N - M A P L E V A L L E Y R D ( S R - 1 6 9 )MAPLE DRSE J O N E S R D 145TH AVE SE142NDP LSE146THPLSESE 1 5 7 T HPL154TH PL SESE 155TH P L 143 R D AVESE150THLNSE152ND AVE SESE 154T H S T SE 153R D P L 1 4 0 T H WAYSE149TH AVE SEOAK DRPINE DRSEJONESPL Site 4 Site 3 Site 2 Site 1 0 400 800200Feet K:\Projects\Y2018\18-06779-001\Project\Report\Figure3_MappedFloodplain_letter.mxd Figure 2. Mapped 100-Year Floodplains in the Project Area. E Legend Approximate location of proposed project sites Jurisdiction boundary Parcel Inundation boundary Wetland area (HEC, 2018) 100-yr Floodplain Amanda Pierce, P.E. March 10, 2021 Page 6 Identified wetlands adjacent to project Sites 3 and 4 include Wetland F, a Category II riverine Palustrine Emergent/Scrub-Shrub (PEM/PSS) wetland, and Wetland E, a Category II riverine Palustrine Forested (PFO) wetland, respectively. Both of these wetlands are associated with the Madsen Creek low flow channel. Neither of these two wetlands is considered to be a “Wetland of High Conservation Value” because they do not intersect with a rare plant species or a rare high quality wetland or riparian vegetation community as documented in the Washington Natural Heritage Program database (WDNR 2020a). The City’s and King County’s regulatory buffer widths to protect the wetlands at Sites 3 and 4 are 75 feet and 100 feet, respectively. The Washington Department of Fish and Wildlife (WDFW) Priority Habitat and Species (PHS) maps indicate that several wetlands on the southern end of the New Life Church property that are associated with the forested Madsen Creek low flow channel riparian corridor are part of a biodiversity area—defined as a habitat area relatively important to various native fish and wildlife species (WDFW 2020a; Herrera 2018). The biodiversity corridor extends off site to the west and south of the adjacent Wonderland Estates development. In addition to the wetlands and streams assessment work completed in the project area in 2018, Herrera also completed a review of existing environmental agency resource data and mapping to assess the environmental setting and associated habitats. The Madsen Creek low flow channel is a perennial tributary to the Cedar River, and is mapped by the Washington Department of Natural Resources (WDNR) as a Type F (fish bearing) water (WDNR 2020b). The City’s and County’s designated buffer to protect Type F streams is 115 feet. The high flow bypass channel of Madsen Creek is mapped by WDNR as a Type N (non-fish bearing) water (WDNR 2020b). The City manages this channel as a stormwater facility in relation to its purpose to route flood flows directly to the river. This channel requires periodic maintenance to maintain the intended flood flow conveyance capacity. Flows within the high flow bypass channel are intermittent, occurring only during larger storm events in the drainage basin (WDFW 2020a). The channel is mapped by the City as a Type F water for the purposes of protecting it according to the City’s Critical Areas regulations. A designated buffer of 115 feet is applied to it (RMC  43050.G.2). The high flow bypass channel north of SR 169 in King County jurisdiction is considered a Type F water. The WDNR and WDFW do not consider any portion of the high flow bypass channel upstream of SR 169 as a Type F or fish bearing water. NOAA Fisheries (the National Marine Fisheries Service [NMFS]) and the US Fish and Wildlife Service (USFWS) protect the fish species listed in Table 1 under the ESA, in the Cedar River and Madsen. These species are potentially present in the Cedar River/Madsen Creek drainage basin (NMFS 2020; USFWS 2020). These ESA listings are documented in attachments to this letter. Amanda Pierce, P.E. March 10, 2021 Page 7 Table 1. ESA Listed Species and Designated Habitat – Cedar River/Madsen Creek Drainage Basin. Salmond Fish Species Distribution and Locations Federal Statusb Federal Jurisdictional Agency Bull trout (Salvelinus confluentus) Cedar River Threatened (Coastal/Puget Sound DPS) Critical Habitat: Designated USFWS Summer/Fall Chinook Salmon (Oncorhynchus tshawytscha) Cedar River, Madsen Creek Threatened (Puget Sound ESU) Critical Habitat: Designated NOAA Fisheries (National Marine Fisheries Service) Winter Steelhead (Oncorhynchus mykiss) Cedar River, Madsen Creek Threatened (Puget Sound DPS) Critical Habitat: Designated a Fish distribution is based on SalmonScape (WDFW 2020b) and PHS mapping (WDFW 2020a). b US Fish and Wildlife Service endangered species list (USFWS 2020) and National Marine Fisheries Service (NMFS 2020). c Species of Concern (NMFS 2020, WDFW 2020b). DPS = Distinct Population Segment. ESU = Evolutionarily Significant Unit. Threatened bull trout (Salvelinus confluentus) are documented as being present in the Cedar River. The Cedar River is documented as providing spawning habitat for threatened Chinook (Oncorhynchus tshawytscha) and steelhead (O. mykiss) (threatened). Spawning habitat for non-ESA listed sockeye salmon (kokanee) (O. nerka), resident coastal cutthroat trout (O. clarkii), and coho salmon (O. kisutch), a Washington State species of concern, is also documented in the Cedar River (WDFW 2020b). Spawning habitat for sockeye and coho and rearing habitat for winter steelhead in Madsen Creek is documented by WDFW (WDFW 2020a, 2020b). Spawning habitat for sockeye is not mapped in the segment of the low flow channel on the New Life Church property east of the high flow bypass channel and sediment basin. WDFW does not document bull trout in association with Madsen Creek. Due to this documentation, the City regulates the low flow channel of Madsen Creek as a Type F (fish bearing) water and a Habitat Conservation Area (RMC 4-3-050.G.2 and G6). However, the ability of anadromous species to swim upstream from the Cedar River into the project area is questionable given the lack of a defined Madsen Creek (low flow) channel north of Ron Regis Park (Herrera 2018). No documented natural fish barriers or impassable culverts are mapped as excluding fish from accessing Madsen Creek (WDFW 2020c); therefore, for the purposes of this assessment it is assumed that fish use occurs within the Madsen Creek low flow channel. Salmonid use of the high flow bypass channel has not been documented (WDNR 2020b; WDFW 2020a, 2020b). The official species and habitat list prepared by USFWS on April 3, 2020, for the project area indicates that no designated critical habitat for bull trout is associated with the high flow bypass channel (USFWS 2020). Amanda Pierce, P.E. March 10, 2021 Page 8 Wildlife ESA-listed wildlife species identified by USFWS in King County include marbled murrelet (Brachyramphus marmoratus (threatened), streaked horned lark (Eremophilia alpestris strigata) (threatened) and yellow-billed cuckoo (Coccyzum americanus) (threatened) (USFWS 2020). Designated critical habitat for marbled murrelet and streaked horned lark is not present within the project area or in the project vicinity within the City of Renton limits. Proposed designated critical habitat for the yellow-billed cuckoo is associated with its breeding habitat, which is not documented in the project area or in the general vicinity. The USFWS report indicates that there are no designated critical habitats for ESA-listed species under their jurisdiction within the project area. Additional wildlife species known to be present in King County that are proposed for ESA listing, as endangered and threatened species, include gray wolf (Canis lupis) and North American wolverine (Gulo gulo luscus), respectively. These species are not associated with the developed municipal areas in King County and are more likely to be found in the rural and wilderness areas in the eastern part of the county associated with the Cascade mountains. Suitable habitat for any of the USFWS protected wildlife species is not present within the project area or in the project vicinity. Since these species and their associated habitats are not present within the project area, they are not applicable to the project’s ESA review. Thus, no further discussion is provided regarding these wildlife species in this letter. P ROJECT ACTIONS The proposed project will result in alterations to the 100-year floodplain, the Madsen Creek high flow bypass channel, and City of Renton and King County regulated stream and wetland buffers. The duration of work at each site is estimated to be approximately 1 to 2 weeks, not including site planting to follow. The City plans to complete the construction work at each of Sites 1, 2, 3, and 4 in summer 2021, with planting at Sites 2, 3, and 4 to follow a few months later in the fall. Equipment to be used for the site construction will consist of excavators and trucks for importing and exporting project materials, and potentially a small dozer for some of the earthwork. No direct wetland impacts are associated with the project. Fill proposed for spillway construction at Site 1 and berm and wall construction at Sites 2, 3, and 4 will occur adjacent to the tops of the stream banks, above the OHWM. The only fill to be placed below the OWHM is in an area of no more than 100 square feet at the far upstream end of the Madsen Creek high flow bypass channel (at Site 1) where the new sediment basin spillway will extend down to the channel bottom. The proposed construction at all four sites will result in permanent alterations to the site topography; however, the impacts to City and County regulated shoreline and/or critical area buffers are considered temporary with the exception of the footprint area of the new Amanda Pierce, P.E. March 10, 2021 Page 9 floodwall at Site 3, which will be built at the base of an arborvitae hedge close to the low flow channel bank. Concrete masonry unit blocks that have a nominal width of 8 inches are proposed to create this low floodwall. Other than the footprint area of the floodwall, all disturbed areas will be revegetated with native vegetation to enhance water quality buffer functions and habitat. The mitigation planting area at Site 2 accounts for the altered buffer at the east end of Site 3 where the floodwall will be built. Raising existing ground and constructing new berms, only in areas identified as providing a high hydrologic benefit, also helps to minimize project impacts. In-stream work will be limited to approximately 500 linear feet of sediment removal to restore the original channel dimensions, as well as local widening of the high flow bypass channel at Site 2 beyond those original channel dimensions for increased flood storage, and minor fill placement (approximately 10 cubic yards, over an area of no more than 100 square feet) in the upstream end of the high flow bypass channel at Site 1 where the armored sediment basin spillway will tie into the existing channel. The project will completely compensate for displaced flood storage at Sites 3 and 4 via widening of the high flow bypass channel within and connected to the 100-year floodplain at Site 2 (not including restoration of the original high flow bypass channel dimensions), and will thus reliably maintain flood storage capacity in areas hydraulically linked to the floodplains of both Madsen Creek and the Cedar River. Details regarding the proposed actions at each of the four project sites are provided in the following sections and are summarized in Table 2. Vegetation removal will be limited to those areas necessary for placement and compaction of soil for new berm and wall construction, to access construction work areas, and to remove all nonnative and invasive vegetation from the disturbed riparian areas within the project sites. No clearing of the forested riparian buffer along the Madsen Creek low flow channel on the New Life Church property will occur in association with the project. Amanda Pierce, P.E. March 10, 2021 Page 10 Table 2. Alterations to Regulated Shoreline and Critical Areas and Mitigation for the Madsen Creek Flooding Improvement Project. Site ID Type of Alteration Mitigation 100-Year Floodplain In-Stream (below OHWM) Buffer (square feet) Area (square feet) Volume (cubic yards) Area (square feet) Volume (cubic yards) Ratio Type Area (square feet) 1 N/A 100 square feet Fill: 10 Proposed Spillway: 1,160a 1:1 Buffer Enhancement 1,160 2 Channel Maintenance: 3,485 Channel Maintenance: 54 (cut) Channel Maintenance: 4,276; 500 linear feet Cut: 110 Fill: 0 Net: -110 Channel Maintenance: 12,625 Berm Construction Right Bank: 4,225 Total: 16,850b,c 1:1 Buffer Restoration/ Enhancement 16,850 Berm Construction: 0 Channel Widening for Flood Storage: 71 (cut) Total: 3,485 Total: 125 (cut) 3 Berm: 1,120 Wall: 60 Total: 1,180 Fill: 33 Not Applicable Fill: 1,180 Temporary Access: 640 Total: 1,820 1:1 Buffer Restoration/ Enhancement 1,820 4 972 Fill: 38 Not Applicable Renton: Berm: 380 1:1 Buffer Restoration/ Enhancement 380 King County: Berm: 755 3:1 2,270d Temporary Access: 300e 0e Total: 1,435 TOTAL: 5,637 Net: -54 4,376 Net: -100 21,265 22,480 N/A – Not Applicable a Excludes overlay of gravel on existing maintenance access road, which is not assessed as a buffer impact. b Excludes minor overlay of gravel on existing maintenance access roadway along left (west) bank at completion of construction to fill ruts (up to 4,500 square feet). c Grass seed will be broadcast as an erosion control measure along the edges of the elevated roadway. d Includes restoration of the temporary access routes. e Temporary access areas are currently private lawn – grass to be restored in kind. Amanda Pierce, P.E. March 10, 2021 Page 11 Site 1 In order to avoid overtopping of the existing stormwater sediment basin at Site 1 in an extreme flood event, which could result in flooding at the adjacent Wonderland Estates residential community, an armored overflow spillway will be constructed to convey high surface water flows from the sediment basin into the high flow bypass channel of Madsen Creek (Plan Sheet C-2, in Appendix A of the Mitigation Plan). The spillway, and surrounding soil and rock fill to taper the driving surface up to the spillway crest elevation from existing maintenance access driveway elevations, represents approximately 5,300 square feet in total area. The majority of it will be constructed over the existing maintenance access road footprint. Approximately 145 cubic yards of rock ballast (2-inch and smaller nominal size), Class A rock for erosion and scour protection (similar in size to riprap), smaller crushed rock for spillway bedding, and earth fill will be used to build the spillway and slightly raise the maintenance access driveways surrounding it on all sides. The spillway will be constructed with a crest elevation of 126 feet (NAVD88), approximately 2 feet above the existing access road grade, which is generally at elevation 124 feet (NAVD88) in the site area. Site 1 is not within the 100-year floodplain. While the proposed construction at this site includes minor work below the OHWM of the channel, no water is expected to be present in the work area at the time of construction in the dry season. No wetlands will be impacted because a Category II depressional/slope PFO/PSS wetland, identified as Wetland C in Herrera’s 2018 report, is located approximately 50 feet to the southeast of the existing access roadway. The wetland’s buffer area overlaps with the protective buffer for Madsen Creek. The existing sediment basin maintenance access road will be used for equipment use and operation during the construction activities at Site 1. Therefore, no potential site disturbances associated with creating temporary equipment access are anticipated for the project work at Site 1. Most of the impacts proposed at the Site 1 location are within sediment basin vehicle and equipment access areas and will not require the removal of mature trees. The addition of a rock lining to provide armoring of the new emergency spillway at Site 1 will extend to the bottom of the high flow bypass channel, resulting in minor fill (up to 10 cubic yards) within approximately 100 square feet (maximum) below the OHWM. The new spillway will extend 1,160 square feet beyond the existing maintenance access road footprint, resulting in the conversion of existing low-functioning herbaceous buffer vegetation that is associated with the high flow bypass channel to rock surfacing. Mitigation to compensate for the spillway’s buffer encroachment includes the removal of invasive vegetation and the proposed installation of native plants within 1,160 square feet of buffer area along the east bank of the high flow bypass channel downstream of Site 1. The specified trees and shrubs proposed for installation will improve habitat conditions by increasing the diversity of representative native species and vegetation strata within the buffer. Water quality functions within the buffer Amanda Pierce, P.E. March 10, 2021 Page 12 will also be increased. The proposed buffer mitigation ratio is 1:1, as required for compliance with the City’s Critical Areas regulations. Site 2 Work at Site 2 will remove sediment accumulation in the bottom of the high flow bypass channel to restore the originally constructed channel dimensions, widen the channel to the east to increase flood storage, and raise the top of bank elevation on the right bank (east) side of the channel to contain the 100-year flood flow. This site extends for a channel length of approximately 550 feet upstream of SR 169, where the sediment accumulation and low ground on the right bank collectively allow flood flows to overtop the channel. The overflow condition currently allows flood flows to spill into the privately owned New Life Church field east of the high flow bypass channel, where the water eventually routes into the low flow channel and exacerbates flooding along the low flow channel downstream. Minor raising of the top of bank elevation on the west side of the high flow bypass channel is proposed to match the top of bank elevation of a new earthen berm on the east side. This will ensure further protection for Wonderland Estates, located to the west of the high flow bypass channel, during future floods. Approximately 500 linear feet of the Madsen Creek high flow bypass channel, at Site 2, will be dredged (excavated) to remove accumulated sediments to restore the originally constructed channel dimensions. The channel will be widened by 2.25 feet in conjunction with sediment removal to provide flood storage capacity offsetting displaced flood storage associated with berm and floodwall construction at Sites 3 and 4. The widening will result in a channel width of 16.25 feet at the OHWM level (Figure C-7, Appendix A) compared to the existing width of approximately 14 feet at the OHWM level. The volume of sediment to be excavated, from 4,276 square feet of the channel below the OHWM, is an estimated 110 cubic yards. Channel excavation will only be conducted during the dry season when there are no active flows in the channel. This Best Management Practice (BMP) will eliminate the need to dewater construction areas, and will minimize impacts on water quality and prevent fish from accessing the work area during construction. The ground surface in the high flow bypass channel at Site 2 is currently dominated by nonnative herbaceous vegetation that provides minimal habitat functions. No mitigation is required for the removal of grasses and weedy herbaceous plants that will occur as a result of the excavation within the OHWM of the channel. The existing vegetation within the channel provides limited water quality benefit related to sediment settling during occasional or seasonal high flows. However, without the removal of sediments, the high flow bypass channel cannot effectively convey stormwater flows and reduce the risk of flooding. The project construction is considered a temporary impact since vegetation will regenerate naturally within the channel and sediment will continue to accumulate. Sediment removal is considered a maintenance activity by the City, as required to maintain its stormwater facility capacity. Removal of sediment from the channel bed is not anticipated to cause net loss of stream function. Amanda Pierce, P.E. March 10, 2021 Page 13 Cut and fill volumes within the 100-year floodplain and outside of the proposed OHWM represent 15 cubic yards (cut) and 0 cubic yards (fill), respectively. The approximate net cut within the floodplain at this site beyond the originally constructed channel geometry will be 71 cubic yards, thereby increasing flood storage capacity within the channel and offsetting a total of 71 cubic yards of flood storage displaced by the proposed berm and floodwall at Site 3 and berm at Site 4. A compacted earthen berm with topsoil for planting will be installed along the channel’s east bank, for a length of approximately 400 linear feet. Site 2 requires 203 cubic yards of cut and about 170 cubic yards of fill outside of the 100-year floodplain. Any disturbed areas adjacent to this work, where soils may become exposed during construction, will be restored with an erosion control grass seed mix. The preliminary design plans in Appendix A (sheet C-3) conservatively show placement of biodegradable erosion control blanket and erosion control seeding over the entire length of the channel and its side slopes in this site area, which is likely greater than will be disturbed by construction activity. The maintenance access road at Site 2 is not within the 100-year floodplain, and will not be widened by the project. The proposed flood control berm will be approximately 10 to 12 feet wide on average where it ties into the ground surface. The finished top elevation of the constructed berm, which includes a layer of topsoil for planting vegetation, will be at 105+/- feet (NAVD88) along its length, approximately 3 feet above the existing grade at its tallest point. Site 2 project work will alter approximately 16,850 square feet of existing regulated buffer area, which is primarily composed of nonnative herbaceous vegetation. The project work will require the removal of six of a total of seven existing multi-stemmed deciduous trees present at the site on the east side of the high flow bypass channel. The results of an arborist survey of trees potentially impacted by the project work at Site 2 are documented in a letter to Amanda Pierce, City of Renton Public Works Department, dated May 4, 2020 (Herrera 2020) (included as Appendix E in the Mitigation Plan). The six trees proposed for removal include one native red alder (Alnus rubra), reported in poor health, two nonnative Norway maples (Acer platanoides) in good and fair condition, one common hawthorn (Crataegus monogyna) that is in excellent condition, one cherry (Prunus sp.) that is in poor to fair condition, and one Oregon ash (Fraxinus latifolia) reported in good condition. A bigleaf maple (Acer macrophyllum), reported to be in excellent condition near the southern end of the Site 2 work area, will be retained and protected from construction activities. With the exception of the Oregon ash, measured as 5.8 inches in caliper, the trees at Site 2 meet the City of Renton’s following tree size definitions: greater than 8-inch caliper (equivalent to diameter at breast height [dbh]), individual measurements of stem diameter at 4.5 feet above ground level for alder and cottonwood, and greater than 6-inch caliper for other species. Trees to be removed at Site 2 will be replaced at a ratio greater than 2:1 within a native vegetation planting area adjacent to and south of the constructed berm. Invasive plants are to be removed and native shrubs and ground cover plants will be installed within 16,475 square Amanda Pierce, P.E. March 10, 2021 Page 14 feet of the Site 2 project area adjacent to the high flow bypass channel. The proposed mitigation planting area is equal to the disturbed buffer area at a mitigating ratio of one-to-one, as required by the City for regulatory compliance. The new native vegetation plantings will provide increased buffer function when compared to existing conditions. Increasing the diversity of vegetation and native species within the buffer will improve the project area habitat. The tree and shrub plantings will also improve water quality, aesthetics, and bank stabilization. Construction access and equipment operation will be conducted from the existing maintenance access road. No additional buffer disturbances associated with temporary access or equipment staging are associated with the proposed Site 2 project work. Site 3 Site 3 work is within SR 169’s southern right-of-way and fronts Wonderland Estates. Site 3 work will construct a new berm along the left (south) bank of the Madsen Creek low flow channel on the Wonderland Estates property and a new floodwall between the stream bank and an arborvitae edge on the north side of a single-family residential property, connecting into the berm at the common property line for continuous flood containment. The berm and wall will extend at a relatively constant top elevation, east to west, from high ground near the culvert that conveys the Madsen Creek low flow channel beneath the high flow bypass channel to the west side of the Madsen Creek low flow channel culvert entrance in the SR 169 right-of-way. This wall and berm will collectively reduce the risk of creek overflows entering the low-lying Wonderland Estates development during the 100-year flood event in the low flow channel. The berm will extend approximately 120 linear feet along the left bank, representing 1,120 square feet in total footprint area. The thin wall made of concrete masonry units (or similar material) will extend for a length of about 90 feet, representing up to 60 square feet of total footprint area. Excavation for Site 3 work will be minor to “key” the base of the berm into native soil and to create a smooth ground surface at the base of the floodwall. The proposed berm will consist of compacted low-permeability soil and a top layer of soil for planting vegetation. Estimated fill volumes for the combination floodwall and berm within and outside of the 100-year floodplain represent 33 cubic yards, and 22 cubic yards, respectively. The finished top elevation of the flood control wall and berm will be 103 feet (NAVD88), approximately 1.5 feet higher than the existing ground surface (Plan Sheet C-8, in Appendix A of the Mitigation Plan). The berm has been designed to avoid direct impacts to the wetland paralleling the opposite (right) bank of the creek. The small concrete wall will be built between the base of an arborvitae hedge and the southern (left) bank of the creek, requiring pruning of arborvitae branches to a height of approximately 2 feet above the ground surface. Amanda Pierce, P.E. March 10, 2021 Page 15 The existing vegetation that will have to be cleared within the project area’s creek buffer on the Wonderland Estates property (owned by the King County Housing Authority) is composed primarily of nonnative weedy herbaceous species that provide low habitat functions. Native groundcover and shrub species proposed for installation on the flood control berm have been specified to provide enhanced buffer functions when compared to existing conditions. No new vegetation will be planted adjacent to the floodwall within City right-of-way for SR 169 because there is no space in which to plant. The project will require approximately 640 square feet of vegetation clearing on the north side of the Wonderland Estates paved parking area to create two temporary 12-foot-wide equipment access corridors that will extend into the berm construction work area. The vegetation to be removed consists of a mix of native and nonnative landscaped shrubs. This existing vegetation provides low habitat functions and the proposed installation of native plants to restore these disturbed areas will enhance buffer conditions. Site 4 Site 4 work is located on the north side of SR 169 between the Cedar River Trail and the southwest corner of the private residence at 15214 149th Avenue Southeast. Site 4 work will raise the right (north) bank of the low flow channel to reduce the risk of the 100-year flood flow in Madsen Creek overtopping that bank and flooding residential properties to the north at times when the Cedar River is also not at a high flood stage. The 100-year flood level in the Cedar River floodplain will inundate this entire site area. The new earthen berm will be approximately 115 feet long and will replace approximately 60 linear feet of existing ecology blocks and soil surrounding those concrete blocks (see Plan Sheet C-9, in Appendix A of the Mitigation Plan). The berm construction will require approximately 38 cubic yards of net fill placement above existing grade, all of it within the 100-year floodplain of the Cedar River. The total area of fill represented by the project at this location is 1,135 square feet within the 100-year floodplain. The new Site 4 flood control berm top elevation will be 101.4 feet (NAVD88). The base of the new berm will be excavated into native soil below existing grade. This berm will be constructed of the same soil materials as described for the berms at Sites 2 and 3. The existing riparian vegetation at this site is in poor condition on both banks of the stream, particularly on the north bank. Invasive plants, such as Himalayan blackberry, are prevalent in the understory. Native trees and shrubs will be protected and retained on the south bank as part of the mitigation planting plan. Site 4 work is within a private residence’s southwest corner (15214 149th Avenue Southeast) and borders the Cedar River Trail, SR 169, and 149th Avenue Southeast. These boundaries cause buffer encroachments; and along with the prevalence of nonnative vegetation, the habitat is low to moderately functioning at this site. Site 4 construction work will remove forest vegetation that is primarily composed of native Pacific and Sitka willow (Salix lucida ssp. lasiandra, S. stichensis). red-osier dogwood, Amanda Pierce, P.E. March 10, 2021 Page 16 salmonberry, spiraea (Spiraea douglasii), nonnative Himalayan blackberry and English Ivy (Hedera helix) vines and other invasive herbaceous plants, including reed canarygrass. Existing cottonwood and alder trees adjacent to the Cedar River Trail will be retained and protected from construction activities. No direct impacts to the Category II riverine PFO Wetland E that parallels the creek and SR 169 are proposed. Native plants are proposed for installation on and adjacent to the constructed flood-control berm. Residential lawn and nonnative Himalayan blackberry are present on the private residential property to the north of the channel where additional buffer mitigation plantings are proposed beyond the required berm revegetation. Site 4 extends beyond the city of Renton limits into unincorporated King County over an approximate area of 755 square feet. King County requires a 3:1 mitigation ratio for impacts to Type F aquatic area buffers per (King County Code 21A.24.380). The proposed native vegetation planting area associated with the Site 4 buffer alterations within King County is 2,270 square feet. The total planting area for Site 4, including King County and City of Renton mitigation areas, is 2,650 square feet. Staging and access at Site 4 is proposed to occur on private property. Temporary equipment access routes will extend south into the work area from an existing unpaved driveway on the residential property. Nonnative vegetation growing in the area that will be disturbed during construction at the south edge of this property will be removed; site restoration will achieve the pre-project or an enhanced condition. Native vegetation will be planted where appropriate within all disturbed areas associated with the project. The restoration of these areas is included in the 3:1 mitigation planting area for King County alterations. An existing, dilapidated chain-link fence within the Site 4 work area will be removed and replaced if necessary per property owner input. An existing wood bridge over a ditch on the east side of 149th Avenue Southeast at the entrance to the access driveway will be reinforced temporarily with a steel plate during construction. IMPACT AVOIDANCE AND MINIMIZATION M EASURES The City’s selection of flood control measures to implement has been based on avoiding and/or minimizing environmental impacts, as feasible. Alternative project design options and associated environmental impacts are detailed in the Final Lower Madsen Creek Existing Conditions Flood & Sediment Assessment report (WSE 2019). The project will avoid impacts to fish and sensitive habitats by limiting in-stream work to only occur in the high flow bypass channel at Sites 1 and 2 when seasonal flows are not present. Best management practices (BMPs) as recommended in the King County Surface Water Design Manual (and in the City of Renton’s Surface Water Design Manual, which is adapted from the King County manual) will be implemented to avoid potential impacts associated with erosional stormwater runoff during project construction. Representative BMPs include, but may not be limited to, the following: Amanda Pierce, P.E. March 10, 2021 Page 17 ● Erosion and offsite sediment transport will be minimized through the development and implementation of a temporary erosion and sedimentation control (TESC) plan. ● Excavation within the high flow bypass channel will occur during no flow conditions. ● Disturbance limits will be defined at the beginning of construction to prevent unintended encroachment into critical areas prior to clearing and grading activities. These limits will be adhered to throughout construction. ● A TESC plan will be implemented to prevent and minimize erosion and sediment transport into wetlands, streams, and buffers. Erosion and sediment control BMPs will be installed to prevent release and discharge of sediments from construction areas (e.g., stabilized construction entrances, silt fences, wattles, plastic covering of soil stockpiles as needed). ● Heavy rain events that could cause stream flow to engage the high flow bypass channel are not expected during the summertime in-water work window. If a significant rainfall event is forecasted, work within the high flow bypass channel will cease; and the necessary BMP(s), such as rock check dams in the bypass channel, will be implemented to prevent erosion due to flows passing through the construction site. ● BMPs will be implemented to protect existing trees adjacent to clearing and grading areas, including placement of fencing around tree trunks and placement of mulch and protective mats where construction access is necessary within root zones. Pruning of limbs to facilitate equipment access and soil excavation within critical root zones will be supervised by a certified arborist. ● Implementation of a spill prevention, control, and countermeasures (SPCC) plan will prevent pollutants (e.g., fuel spills from construction equipment) from entering wetlands, streams, and buffers. All fueling and maintenance of construction equipment will occur in designated staging areas located outside of wetlands, streams, and buffers; and spill containment measures will be in place. No equipment will be operated below the OHWM of the Madsen Creek low flow channel. ● Temporary materials stockpiles consisting of erosive materials (such as soil for berm construction) will be placed outside the 100-year floodplain during the rainy season (October 1 through June 1). Such temporary stockpiles will be covered or contained with plastic sheeting, straw bales, or other BMPs to prevent sediment delivery to water bodies. Material placed in its final position within 12 hours of arrival on site will not be considered a temporary material storage pile. Amanda Pierce, P.E. March 10, 2021 Page 18 ● Construction equipment access routes within buffers will avoid, minimize, and mitigate soil disturbance and compaction by clearing vegetation to ground level and applying erosion control seed mix as soon as access is no longer needed. ● Any waste material, debris, or spoils will be disposed of at an approved and permitted upland commercial site or approved waste site. ● After construction, all TESC measures will be removed; and all disturbed ground surfaces will be revegetated with native plants and mulched to prevent erosion and sedimentation. ● Exposed soil will be sprayed with water during dry periods, if needed, to reduce dust. ● Native plants will be used to restore the areas of the site disturbed during construction. Native plants will also be added to the existing vegetated areas to enhance the existing plant community. Invasive vegetation will be removed in these areas. ACTION A REA 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 project 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 the project. In-air construction generated noise from equipment operation is not anticipated to extend beyond several hundred feet from the project area before attenuating to ambient or background noise levels. The level of background noise at the project sites, adjacent to recreational and residential land uses and traffic along SR 169, is higher than average for residential communities without a main arterial roadway (WSDOT 2020). Equipment operation will be limited to occur during daylight hours within a typical 5-day work week (Monday through Friday). No pile drivers or jack hammers, which can significantly disturb both aquatic and terrestrial species, will be utilized. No underwater noise will be generated in association with the project. The aquatic extent of the project’s action area is defined by the in-water footprint of project associated excavation in the high flow bypass channel and Washington State’s allowance for a temporary mixing zone of sediments related to in-water construction that exceeds its water quality standard for turbidity (Washington Administrative Code [WAC] 173-A-200). In water bodies with flows at the time of construction that are less than and or up to 10 cubic feet per second (cfs), the allowed mixing zone is measured at a distance of 100 feet from the activity causing the disturbance. For flows above 10 cfs and up to 100 cfs, and for flows above 100 cfs, Amanda Pierce, P.E. March 10, 2021 Page 19 the respective allowed temporary mixing zones extend 200 feet and 300 feet downstream from the activity causing the turbidity exceedance. This temporary area of mixing is subject to the constraints of WAC 173-201A-400 (4) and (6) and can occur only after the activity is authorized by all other necessary local and state permits and approvals, and after the implementation of appropriate best management practices to avoid or minimize disturbance of in-place sediments and exceedances of the turbidity criteria. Although sediment removal in the high flow bypass channel will occur under no flow conditions, an estimated temporary mixing zone of 100 feet, as measured downstream from the project area at the SR 169 culvert, is based on the potential for any unstabilized sediments within the channel to be transported downstream at the time of the first seasonal high flow following completion of construction of that site. Flows of less than 10 cfs are documented within the Madsen Creek low and high flow bypass channels and are not likely to change significantly based on the project actions (WSE 2019). The project is not anticipated to result in any changes to Cedar River conditions. E FFECTS A NALYSI S AND D ETERMINATION The project is determined to have no effect on threatened Chinook salmon or steelhead and no effect on associated designated critical habitat for these species. No in-water work is proposed within the Madsen Creek low flow channel; and work within the high flow bypass channel, where salmonid use is not documented, will occur when seasonal flows are not present. The project will avoid direct impacts to fish; and no alterations to existing channel sediments, including spawning substrates, within the Madsen Creek low flow channel is proposed. No new fish barriers will be introduced by the project. Proposed berm installation work along the banks of the Madsen Creek low flow channel will occur during the WDFW-approved in-water work “window” of time. Best management practices, as described in the Impact Avoidance and Minimization Measures section of this letter, will be implemented to avoid indirect impacts associated with erosional stormwater runoff. All areas where vegetation is disturbed will be restored in-kind or replanted with native vegetation upon construction completion. The project will have no effect on marbled murrelet, streaked horned lark, or yellow billed cuckoo. The project will have no effect on designated critical habitat for marbled murrelet and streaked horned lark as it is not applicable to the project action area. The project will not adversely affect or modify proposed critical habitat for the yellow-billed cuckoo, which is limited to documented breeding areas that do not occur within the project’s action area. M AGNUSO N -S TEVENS FISHERY CONSERVATION AND M ANAGEMENT ACT The Magnuson-Stevens Act mandates that NMFS must identify essential fish habitat (EFH) for federally managed marine fish. The Pacific Fishery Management Council (PFMC) has designated EFH for Pacific salmon (PFMC 2016a), Pacific groundfish (PFMC 2016b), and coastal pelagic Amanda Pierce, P.E. March 10, 2021 Page 20 fisheries (PFMC 2016c). EFH for Pacific groundfish and coastal pelagic species does not occur in the project action area. Pacific salmon EFH includes all freshwater, estuarine, nearshore, and tidal submerged marine waters and substrates within Washington State territorial waters that are necessary for Chinook, coho, and pink salmon spawning, breeding, feeding, or growth to maturity. Adverse effect is defined as any impact that reduces quality and/or quantity of EFH, and may include direct (e.g., contamination or physical disruption), indirect (e.g., loss of prey or reduction in species fecundity), site-specific, or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions. No in-water work is proposed within the Madsen Creek low flow channel that provides EFH for spawning coho salmon. BMPs implemented during berm construction adjacent to the stream channel at Sites 3 and 4 will avoid and/or minimize potential impacts associated with erosional stormwater runoff. Because any project-associated turbidity effects during construction activities are expected to be short in duration and disturbed buffer vegetation will be restored and enhanced with planting of native riparian species for long-term habitat benefits, the project is determined to have no adverse effect on Pacific salmon EFH. The project is likely to improve EFH habitat within the Madsen Creek drainage basin in the long term through management of flood flows and enhanced buffer vegetation. CONCLUSIONS This letter report has been prepared to meet FEMA’s Region 10 (Puget Sound Basin) Floodplain Habitat Assessment and Mitigation review guidance for the implementation of threatened and endangered species protection under the National Flood Insurance Program. The project will not result in a significant decrease in the population of any ESA-listed species, nor will it result in the adverse modification or long-term reduction of designated critical habitat for listed species. The implementation of best management practices will minimize potential temporary impacts associated with construction activities. The Madsen Creek Flooding Improvement Project is likely to benefit species and habitat in the long term due to reduced flooding within the basin and enhancements resulting from native vegetation installations within regulated riparian buffer areas. Sincerely, Herrera Environmental Consultants, Inc. Tina Mirabile, PWS Senior Ecologist Amanda Pierce, P.E. March 10, 2021 Page 21 R EFERENCES FEMA. 2013. Floodplain Habitat Assessment and Mitigation – Regional Guidance for the Puget Sound Basin. FEMA Region 10. Federal Emergency Management Agency. August. <https://www.fema.gov/media-library-data/1383598118060- e34756afe271d52a0498b3a00105c87b/Puget_Sound_R10_Habitat_Assess_guide.pdf>. FEMA. 2017. US Department of Homeland Security, Federal Emergency Management Agency National Flood Insurance Program. Preliminary Flood Insurance Rate Map (FIRM) 53033C09846G. September 15. Herrera. 2018. Environmental Assessment Report: Madsen Creek Improvement Project. Prepared for City of Renton Surface Water Utility Engineering and Watershed Science & Engineering, Inc. by Herrera Environmental Consultants, Inc., Seattle, Washington. September 14. NMFS. 2020. NOAA Fisheries West Coast Region Species Maps and Data. National Marine Fisheries Services. Accessed April 4. <http://www.westcoast.fisheries.noaa.gov/maps_data/Species_Maps_Data.html>. PFMC. 2016a. Pacific Coast Salmon Fishery Management Plan: for Commercial and Recreational Salmon Fisheries off the Coasts of Washington, Oregon, and California as Revised Through Amendment 19. Pacific Fishery Management Council, Portland, Oregon. March. PFMC. 2016b. Pacific Coast Groundfish Fishery Management Plan: for the California, Oregon, and Washington Groundfish Fishery. Pacific Fishery Management Council, Portland, Oregon. August. PFMC. 2016c. Coastal Pelagic Species Fishery Management Plan as Amended through Amendment 15. Pacific Fishery Management Council, Portland, Oregon. February. USFWS. 2020. Madsen Creek Flooding Improvement Project Information for Planning and Consultation (IPAC) Trust Resources Report. US Fish and Wildlife Service. April 3. <https://ecos.fws.gov/ipac/>. WSE. 2019. Final Lower Madsen Creek Existing Conditions Flood & Sediment Assessment. Prepared for City of Renton Public Works. Watershed Science & Engineering, Seattle, Washington. March 20. WSE & Herrera. 2021. Madsen Creek Flooding Improvement Project – Summary of Hydraulic Modeling for Design and Permitting of Flood Control Improvements and Evaluation of Floodplain Fill Mitigation. Memorandum to Amanda Pierce of City of Renton Public Works. Prepared by Kaleb Madsen of Watershed Science and Engineering and Mark Ewbank of Herrera Environmental Consultants. March 10. Amanda Pierce, P.E. March 10, 2021 Page 22 WDFW. 2020a. Priority Habitats and Species Database. Washington Department of Fish and Wildlife. Accessed April 2020. <http://wdfw.wa.gov/mapping/phs/>. WDFW. 2020b. SalmonScape mapping system. Washington Department of Fish and Wildlife. Accessed April 2020. <http://wdfw.wa.gov/mapping/salmonscape/index.html>. WDFW. 2020c. Washington State Fish Passage Barriers Website. Washington Department of Fish and Wildlife. Accessed on April 4, 2020. <https://geodataservices.wdfw.wa.gov/hp/fishpassage/index.html>. WDNR. 2020a. Washington Natural Heritage Program. Wetlands of High Conservation Value Data Viewer. Washington Department of Natural Resources. <https://wadnr.maps.arcgis.com/apps/webappviewer/index.html?id=5cf9e5b22f584ad7a4e2aebc63c47bda>. WDNR. 2020b. Forest Practices Application Review System. Washington Department of Natural Resources. Accessed April 2020. <https://www.dnr.wa.gov/programs-and-services/forest-practices/forest-practices-application-review-system-fpars>. <https://fpamt.dnr.wa.gov/default.aspx#>. WSDOT. 2020. Noise Assessment Guidance for Biological Assessments. Washington State Department of Transportation. Accessed April 4, 2020. <https://www.wsdot.wa.gov/environment/technical/fish-wildlife/policies-and-procedures/esa- ba/noise>. April 03, 2020 United States Department of the Interior FISH AND WILDLIFE SERVICE Washington Fish And Wildlife Office 510 Desmond Drive Se, Suite 102 Lacey, WA 98503-1263 Phone: (360) 753-9440 Fax: (360) 753-9405 http://www.fws.gov/wafwo/ In Reply Refer To: Consultation Code: 01EWFW00-2020-SLI-0845 Event Code: 01EWFW00-2020-E-01675 Project Name: Madsen Creek Flood Reduction Improvement Project Subject:List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, and proposed species, designated and proposed critical habitat, and candidate species that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. The species list is currently compiled at the county level. Additional information is available from the Washington Department of Fish and Wildlife, Priority Habitats and Species website: http://wdfw.wa.gov/ mapping/phs/ or at our office website: http://www.fws.gov/wafwo/species_new.html. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. 04/03/2020 Event Code: 01EWFW00-2020-E-01675   2    ▪ A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether or not the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.). You may visit our website at http://www.fws.gov/pacific/ eagle/for information on disturbance or take of the species and information on how to get a permit and what current guidelines and regulations are. Some projects affecting these species may require development of an eagle conservation plan: (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Also be aware that all marine mammals are protected under the Marine Mammal Protection Act (MMPA). The MMPA prohibits, with certain exceptions, the "take" of marine mammals in U.S. waters and by U.S. citizens on the high seas. The importation of marine mammals and marine mammal products into the U.S. is also prohibited. More information can be found on the MMPA website: http://www.nmfs.noaa.gov/pr/laws/mmpa/. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Related website: National Marine Fisheries Service: http://www.nwr.noaa.gov/protected_species/species_list/ species_lists.html Attachment(s): Official Species List 04/03/2020 Event Code: 01EWFW00-2020-E-01675   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Washington Fish And Wildlife Office 510 Desmond Drive Se, Suite 102 Lacey, WA 98503-1263 (360) 753-9440 04/03/2020 Event Code: 01EWFW00-2020-E-01675   2    Project Summary Consultation Code:01EWFW00-2020-SLI-0845 Event Code:01EWFW00-2020-E-01675 Project Name:Madsen Creek Flood Reduction Improvement Project Project Type:** OTHER ** Project Description:Implement flood reduction improvement measures, including dredging of the high flow bypass channel from City's sediment basin and create flood berms along Madsen Creek within the Renton-Maple Valley Road Right of Way in Renton, Washington. Total project area represents 0.35 acres at four locations, three locations are within the 100-year floodplain of the Cedar River in SW1/4 of Section 23 of Township 23, Range 05 East, W.M. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/47.46334058127668N122.14205751266664W Counties:King, WA 04/03/2020 Event Code: 01EWFW00-2020-E-01675   3    1. Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Gray Wolf Canis lupus Population: Western Distinct Population Segment No critical habitat has been designated for this species. Proposed Endangered North American Wolverine Gulo gulo luscus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5123 Proposed Threatened 1 04/03/2020 Event Code: 01EWFW00-2020-E-01675   4    Birds NAME STATUS Marbled Murrelet Brachyramphus marmoratus Population: U.S.A. (CA, OR, WA) There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4467 Threatened Streaked Horned Lark Eremophila alpestris strigata There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7268 Threatened Yellow-billed Cuckoo Coccyzus americanus Population: Western U.S. DPS There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3911 Threatened Fishes NAME STATUS Bull Trout Salvelinus confluentus Population: U.S.A., conterminous, lower 48 states There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8212 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. ! ! ^ ! ! ! ! ! ! ! ! ^ ! ! ! ! ! ! ! ! ! ! ^ ! ^ C o lum biaColumbiaSna k e Pocatello Spokane Wenatchee Walla WallaYakima Boise Bend Medford Eugene Salem Astoria Olympia Bellingham Redding Sacramento San Francisco Santa Cruz Fresno Santa Barbara San Diego Los Angeles Seattle Portland Salmon CoosBay Eureka DeschutesWillametteRog u e Umpqu a K l a m athTrinity Ee l Rus si a n S a c r a mentoSan J o a quin Salin as SantaAnaSa l m on Snake United StatesUnited S t a t e sCanadaCanada U n i t e d S t a t e sUnited S t a t e s M e x i c oMexico 0 200Miles O R E G O N W A S H I N G T O N I D A H O C A L I F O R N I A Status of ESA Listings & Critical Habitat Designationsfor West Coast Salmon & Steelhead Updated July 2016 Recovery DomainPuget S oundInterior Columbia Oregon Coast Nor th-Central California Coast Central Valley Nor th-Central California Coast and Central Valley Overlap So. OR / No. CA Coast and Nor th-Central CA Coast Overlap Southern OR / Northern CA Coast Willamette / Lower Columbia and Interior Columbia OverlapWillamette / Lower Columbia South-Central / Southern CA Coast Evolutionarily Significant Unit / Distinct Population Segment ESA Status Date of ESA Listing Date of CH Designation Hood Canal Summer-run Chum Salmon T 3/25/1999 9/2/2005 Ozette Lake Sockeye Salmon T 3/25/1999 9/2/2005 Puget Sound Chinook Salmon T 3/24/1999 9/2/2005 Puget Sound Steelhead T 5/11/2007 2/24/2016 Middle Columbia River Steelhead T 3/25/19991/5/2006 9/2/2005 Snake River Fall-run Chinook Salmon T 4/22/1992 12/28/1993 Snake River Spring / Summer-run Chinook Salmon T 4/22/1992 10/25/1999 Snake River Sockeye Salmon E 11/20/1991 12/28/1993 Snake River Steelhead T 8/18/19971/5/2006 9/2/2005 Upper Columbia River Spring-run Chinook Salmon E 3/24/1999 9/2/2005 Upper Columbia River Steelhead T 8/18/19971/5/2006 9/2/2005 Columbia River Chum Salmon T 3/25/1999 9/2/2005 Lower Columbia River Chinook Salmon T 3/24/1999 9/2/2005 Lower Columbia River Coho Salmon T 6/28/2005 2/24/2016 Lower Columbia River Steelhead T 3/19/19981/5/2006 9/2/2005 Upper Willamette River Chinook Salmon T 3/24/1999 9/2/2005 Upper Willamette River Steelhead T 3/25/19991/5/2006 9/2/2005 Oregon Coast Coho Salmon T 2/11/2008 2/11/2008 Southern OR / Northern CA Coasts Coho Salmon T 5/6/1997 5/5/1999 California Coastal Chinook Salmon T 9/16/1999 9/2/2005 Central California Coast Coho Salmon E 10/31/1996 (T) 6/28/2005 (E)4/2/2012 (RE)5/5/1999 Central California Coast Steelhead T 8/18/19971/5/2006 9/2/2005 Northern California Steelhead T 6/7/20001/5/2006 9/2/2005 California Central Valley Steelhead T 3/19/19981/5/2006 9/2/2005 Central Valley Spring-run Chinook Salmon T 9/16/1999 9/2/2005 Sacramento River Winter-run Chinook Salmon E 11/5/1990 (T) 1/4/1994 (E)6/16/1993 South-Central California Coast Steelhead T 8/18/19971/5/2006 9/2/2005 Southern California Steelhead E 8/18/19975/1/2002 (RE)1/5/2006 9/2/2005 ESA = Endangered Species Act, CH = Critical Habitat, RE = Range ExtensionE = Endangered, T = Threatened, Willamette / Lower Columbia Recovery Domain Interior Columbia Recovery Domain Puget Sound Recovery Domain Oregon Coast Recovery Domain North-Central California Coast Recovery Domain Central Valley Recovery Domain South-Central / Southern California Coast Recovery Domain Southern Oregon / Northern California Coast Recovery Domain Critical Habitat Rules Cited • 2/24/2016 (81 FR 9252) Final Critical Habitat Designation for Puget Sound Steelhead and Lower Columbia River Coho Salmon • 2/11/2008 (73 FR 7816) Final Critical Habitat Designation for Oregon Coast Coho Salmon • 9/2/2005 (70 FR 52630) Final Critical Habitat Designation for 12 ESU's of Salmon and Steelhead in WA, OR, and ID • 9/2/2005 (70 FR 52488) Final Critical Habitat Designation for 7 ESU's of Salmon and Steelhead in CA • 10/25/1999 (64 FR 57399) Revised Critical Habitat Designation for Snake River Spring/Summer-run Chinook Salmon • 5/5/1999 (64 FR 24049) Final Critical Habitat Designation for Central CA Coast and Southern OR/Northern CA Coast Coho Salmon • 12/28/1993 (58 FR 68543) Final Critical Habitat Designation for Snake River Chinook and Sockeye Salmon • 6/16/1993 (58 FR 33212) Final Critical Habitat Designation for Sacramento River Winter-run Chinook Salmon ESA Listing Rules Cited • 4/2/2012 (77 FR 19552) Final Range Extension for Endangered Central California Coast Coho Salmon • 2/11/2008 (73 FR 7816) Final ESA Listing for Oregon Coast Coho Salmon • 5/11/2007 (72 FR 26722) Final ESA Listing for Puget Sound Steelhead • 1/5/2006 (71 FR 5248) Final Listing Determinations for 10 Distinct Population Segments of West Coast Steelhead • 6/28/2005 (70 FR 37160) Final ESA Listing for 16 ESU's of West Coast Salmon • 5/1/2002 (67 FR 21586) Range Extension for Endangered Steelhead in Southern California • 6/7/2000 (65 FR 36074) Final ESA Listing for Northern California Steelhead • 9/16/1999 (64 FR 50394) Final ESA Listing for Two Chinook Salmon ESUs in California • 3/25/1999 (64 FR 14508) Final ESA Listing for Hood River Canal Summer-run and Columbia River Chum Salmon • 3/25/1999 (64 FR 14517) Final ESA Listing for Middle Columbia River and Upper Willamette River Steelhead • 3/25/1999 (64 FR 14528) Final ESA Listing for Ozette Lake Sockeye Salmon • 3/24/1999 (64 FR 14308) Final ESA Listing for 4 ESU's of Chinook Salmon • 3/19/1998 (63 FR 13347) Final ESA Listing for Lower Columbia River and Central Valley Steelhead • 8/18/1997 (62 FR 43937) Final ESA Listing for 5 ESU's of Steelhead • 5/6/1997 (62 FR 24588) Final ESA Listing for Southern Oregon / Northern California Coast Coho Salmon • 10/31/1996 (61 FR 56138) Final ESA Listing for Central California Coast Coho Salmon • 1/4/1994 (59 FR 222) Final ESA Listing for Sacramento River Winter-run Chinook Salmon • 4/22/1992 (57 FR 14653) Final ESA Listing for Snake River Spring/summer-run and Snake River Fall Chinook Salmon • 11/20/1991 (56 FR 58619) Final ESA Listing for Snake River Sockeye Salmon • 11/5/1990 (55 FR 46515) Final ESA Listing for Sacramento River Winter-run Chinook Salmon