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1008_Main_Stream_Determination_TM_complete.pdf Technical Memorandum TO: Kernen Lien, Senior Planner City of Edmonds FROM: Steve Quarterman Landau Associates, Inc. DATE: July 22, 2016 RE: Stream Determination 1008 Main Street Edmonds, Washington Project No. 0074190.010.011 July 17, 2015 Oden Edmonds Critical Areas Report, (Critical Areas Report), prepared by Raedeke Associates, Inc. for the property located at 1008 Main Street (Figure 1). The 2015 Critical Areas Report states that no streams were observed on the property, but identifies a watercourse emerging from a culvert near the southeast corner of the property. The City has indicated that the watercourse drains to Shell Creek, approximately 150 feet (ft) downstream of the property. Landau Associates, Inc. (LAI) conducted site assessment of the 1008 Main Street property and downstream properties (1010 Main Street and vacant City property; Figure 2) to observe watercourse conditions and to determine whether the feature satisfies the definition of stream per Chapters23.40 and 23.90 of the City of Edmonds Municipal Code and if so, to classify the waterway in accordance with the Washington Department of Natural Resources water typing system (Washington Administrative Code \[WAC\] 222-16-030) pursuant to the Edmonds Community Development Code (ECDC; City of Edmonds 2016). Chapter 23.90.010 of the ECDC defines streams to produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. Streams shall be classified in accordance with the Washington Department of Natural Resources water typing system (WAC 222-16-030), hereby adopted in its entirety by reference and summarized from the ECDC as follows: Ter Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW Type F: streams which contain fish habitat Type Np: perennial nonfish habitat streams Type Ns: seasonal nonfish habitat streams. 130 2nd Avenue South Edmonds, Washington 98020 (425) 778-0907 Landau Associates For the purposes of buffer width determination, the ECDC further expands classification of Type F , , ing WAC 222-16- time of the year, including potential habitat likely to be used by fish which could be recovered by restoration or management and includes off- According to WAC 222-16-030, the Interim Water Typing System established in WAC 222-16-031 is to be used until the fish habitat water typing maps are adopted by the state forest practices board. At this time, the fish habitat water typing maps have not been adopted, and the interim water typing system was applied for this evaluation. The full text of the interim water typing system is included in Attachment 1 for reference, and its provisions for water types are summarized as follows: water mark, as inventoried as "shorelines of the state" under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW, but not including those waters' associated wetlands as defined in Chapter 90.58 RCW. that are not classified as Type 1 Water and have high fish, wildlife, or human use. These are segments of natural waters and periodically inundated areas of their associated wetlands. that are not classified as Type 1 or 2 Waters and have moderate to slight fish, wildlife, or human use. These are segments of natural waters and periodically inundated areas of their associated wetlands. (BFW) of defined channels that are perennial nonfish habitat streams. Perennial streams are flowing waters that do not go dry at any time of year with normal rainfall and that include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. BFW of the defined channels that are not Type 1, 2, 3, or 4 Waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of the year, and they are not located downstream from reach of any stream containing Type 4 Water. Type 5 Waters must be physically connected by an aboveground channel system to Type 1, 2, 3, or 4 Waters. Conversion of the interim water typing system to the permanent water typing system, as provided in WAC 222-16-031, is as follows. Stream Determination 1008 Main Street 2 July 22, 2016 Landau Associates Water Type Conversion Permanent Water Typing Interim Water Typing Type 1 Water Type 2 and 3 Water Type 4 Water Type 5 Waters The conversion listed above was used in applying the state typing system to the ECDC (i.e., converting a numeric water type under the interim water typing system to an abbreviated letter water typing under the permanent water typing system referenced in the ECDC). LAI conducted a reconnaissance to characterize waterways within the study area for the purposes of determining location and classification. The observation of an ordinary high water mark (OHWM) was based on field indicators, including hydrology, soil and sediment, vegetation, marks of scouring, etc. For the purposes of this investigation, we applied criteria for presumed fish use, as presented in the Interim Water Typing System (refer to description of Type 3 water). Fish presence was not confirmed due to limited assessment time; the assessment took place on a single day, whereas fish presence may be seasonal. In accordance with WAC 222-16-031, waters having any of the following physical stream characteristics are presumed to have fish use: a)Stream segments having a defined channel of 2 ft or greater within the bankfull width in Western Washington, and having a gradient of 16 percent or less. b)Stream segments having a defined channel of 2 ft or greater within the bankfull width in Western Washington, and having a gradient greater than 16 percent and less than or equal to 20 percent, and having greater than 50 acres in contributing basin size in Western Washington based on hydrographic boundaries. WAC 222-16- representative section of at least 500 linear ft with at least 10 evenly spaced measurement points along the normal stream channel but excluding unusually wide areas of negligible gradient such as marshy or swampy areas, beaver ponds and impoundments. Channel gradient may be determined BFW was measured at cross sections of the stream reach located on accessible properties in the project area. BFW ection 2 Standard Methods for Manual (Forest Practices Board 2004). BFW for streams is the lateral extent of the water surface Stream Determination 1008 Main Street 3 July 22, 2016 Landau Associates elevation perpendicular to the channel at bankfull depth; where bankfull depth is the estimated water surface elevation required to completely fill the channel to the point above which water would enter the floodplain or intersect a terrace or hillslope. The measurements were averaged to determine BFW for the potential reach of stream. The calculation of stream slope was based on readily available topographic data for comparison with the physical stream characteristics listed in WAC 222-16-031 (provided above). A definition of fish habitat is not provided in WAC 222-16-031, and the definition provided in WAC 222-16-030 is applied to this study. Qualitative habitat assessment was conducted; which included characterization of in-stream large woody debris, riffles/pools, and channel bed material and a description of observed hydrology. WAC 222-16-031 specifies that investigations should be conducted over a representative section of at least 500 linear ft. The study reach is less than 500 linear ft and is considered a single and complete stream segment for purposes of this assessment. Prior to the onsite field investigation, the City obtained the property owner permission to access the property at 1008 Main Street. Landowner permission to access 1010 Main Street was not obtained. As a result, this assessment evaluated the average BFW for the entire stream segment based on a proportional length of stream measured on the City property and a segment of the stream on the 1010 Main Street parcel observed from the 1008 Main Street parcel and City property. The conclusion is not impacted by the inaccessible segment of stream on the 1010 Main Street parcel, as an approximated BFW based on observations was used in the proportional calculation. LAI biologists, Senior Associate Steve Quarterman and Staff Scientist Jim Hearsey, conducted a field investigation of the project area on July 1, 2016. Reference photographs are provided in Attachment 2. Preliminary investigations suggested that the watercourse originates from an approximately 2-inch diameter pipe on the southeast corner of the 1008 Main Street parcel (see Attachment 2, Photograph 1). However, the field investigation revealed that the area in the vicinity of the 2-inch diameter pipe has been in-filled and did not have a surface channel, and that the watercourse exhibiting a streambed, streambank, and OHWM originates from a shallow, underground drainage pipe (approximately 12 inches in diameter) at the approximate boundary of the 1010 Main Street parcel and the 1008 Main Street parcel. T drainage system (City of Edmonds undated). As a result, the investigation was limited to field measurements of the waterway on the City property and visual observations of the segment of Stream Determination 1008 Main Street 4 July 22, 2016 Landau Associates waterway on the 1010 Main Street parcel from the adjacent 1008 Main Street parcel and City property. As observed, the waterway is approximately 161 linear ft, of which approximately 94 linear ft occur on the City property and approximately 67 linear ft occur on the 1010 Main Street property (Figure 2). The waterway had flowing water during the site visit and is presumed to be a perennial tributary to Shell Creek. Water depths ranged from approximately 1 to 3 inches. Two seeps from the adjacent hillslope were observed contributing flows to the unnamed tributary to Shell Creek on the 1010 Main Street parcel. Eleven BFW measurements were taken on City property between the approximate boundary with the 1010 Main Street parcel and approximately 4 ft upstream of the confluence with a drainage ditch from 1010 Main Street/Main Street and Shell Creek, revealing an average BFW of 3 ft (Table 1). Proportionally, the inaccessible segment on 1010 Main Street would need to have an average width of less than 1 ft for the whole tributary to have an average width of less than 2 ft (Table 2). Based on visual observation of the segment of stream on the 1010 parcel from the City property and on the 1008 parcel, the average BFW on the 1010 Main Street parcel appears to be imore than 1 ft. As a result, the average BFW of the unnamed tributary to Shell Creek is interpreted to be greater than 2 ft as observed at the time of the field assessment. Measurements of BFW may be affected by dredging that may have occurred in the channel. There was evidence of likely dredging of the tributary, as piles of dirt/gravel of similar material to the stream bed were observed along the study reach, presumably to improve drainage. No large woody debris (greater than 4 inches diameter) was observed within the channel, but there were areas of woody debris (less than 4 inches diameter) in the channel and along the bank. The channel includes sections of undercut banks, and bed material was mostly composed of sand and fine materials. Some gravels were observed in the bank. Little to no vegetation was observed growing within the wetted channel. No manmade or natural fish-passage barriers were observed. A determination of water quality conditions was not included as part of this effort. Topographic data available from the City (City of Edmonds undated) indicate that the complete watercourse has a slope of approximately 4 percent. Near its outlet into Shell Creek, there is an approximate 13-ft section where it appears steeper than 16 percent. However, in general, natural barriers consist of waterfalls greater than 12 ft in vertical height or long, steep cascades without fish resting areas, which generally block upstream migration of anadromous fish (Forest Practices Board 2004). The stream in this segment includes potential fish resting areas. While optimal habitat features were not observed (e.g., large woody debris, pools, etc.), the average BFW and gradient support the presumption of fish use, and may be accessible to fish in Shell Creek. Stream Determination 1008 Main Street 5 July 22, 2016 Landau Associates While Shell Creek in the project area is identified on WDFW SalmonScape with modeled presence of Coho salmon, the City of Edmonds Stream Inventory identifies a fish passage barrier north of Main Street (Pentec 2002). In the project area, Shell Creek is not documented as having the presence of anadromous fish. On average, the entire unnamed tributary to Shell Creek subject to this assessment appears to be greater than 2 ft wide as observed at the time of the field assessment, and slope is less than 16 percent, which under Edmonds City Code and WAC 222-16-031 is presumed fish habitat. However, it is not a documented anadromous fish bearing stream, and access is prevented by a fish passage barrier on Shell Creek at Main Street. Therefore, the unnamed tributary to Shell Creek, based on observations at the time of the field assessment, which may have been impacted by dredging prior to the assessment, is classified as a Type F, non-anadromous fish bearing stream. Conditions of the channel prior to possible dredging are not known to LAI, and we cannot provide assessment of preexisting conditions for determining presumption of fish use. This technical memorandum was prepared for the use of the City of Edmonds. No other party is entitled to rely on the information, conclusions, and recommendations included in this document without the express written consent of LAI. Furthermore, the reuse of information, conclusions, and recommendations provided herein for extensions of the project or for any other project, without review and authorization by LAI We appreciate this opportunity to be of service to the City. Please contact us if you have any questions or if we may be of further assistance. LANDAU ASSOCIATES, INC. Steven Quarterman Senior Associate Jim Hearsey Staff Scientist SJQ/JWH/mcs \[P:\\074\\190\\WIP\\1008_MAIN_STREAM_DETERMINATION_TM_COMPLETE.DOCX\] Stream Determination 1008 Main Street 6 July 22, 2016 Landau Associates City of Edmonds. 2016. Edmonds City Code and Community Development Code. Ordinance 4026, passed May 3, 2016. http://www.codepublishing.com/WA/Edmonds. City of Edmonds. Undated. City of Edmonds GIS Map. http://maps.edmondswa.gov/Html5Viewer/?viewer=html Forest Practices Board. 2004. Section 2. Standard Methods for Identifying Bankfull Channel Features and Channel Migration Zones. Forest Practices Board Manual. http://www.dnr.wa.gov/about/boards-and-councils/forest-practices-board/rules-and- guidelines/forest-practices-board-manual. Pentec Environmental. 2002. Edmonds Stream Inventory and Assessment. In Progress. Figure 1 Vicinity Map Figure 2 Environmental Features Table 1 Bankfull Width Measurements Table 2 Proportional Bankfull Width Calculation Based on Stream Segments Attachment 1 WAC 222-16-031 (Interim Water Typing System) Attachment 2 Selected Site Photographs Stream Determination 1008 Main Street 7 July 22, 2016 Puget Sound ST 524 Project Location Edmonds Edmonds ! 212th St SW Woodway Woodway ST 104 ST 99 Esperance Esperance Project Location Everett ! ! ! ! Spokane 00.51 Seattle !Tacoma ! Olympia Washington Washington Miles Data Source: Esri 2012 Figure Stream Determination 1 Vicinity Map 1008 Main Street Edmonds, Washington Main Street Main Street Drainage Ditch Unnamed Tributary to Shell Creek 1008 City Property 1010 LegendNote 1. Location of environmental features are CulvertContours (2ft) approximate: based on visual observation Main Street Drainage DitchContours (10ft) (i.e., not surveyed). 04080 Shell CreekParcels 2. Black and white reproduction of this color Unnamed Tributary to Shell Creek original may reduce its effectiveness and lead to incorrect interpretation. Scale in Feet Data Source: City of Edmonds GIS; Snohomish County GIS; Esri World Imagery. Stream Determination Figure 2 Environmental Features 1008 Main Street Edmonds, Washington Table 1. Bankfull Width Measurements Page 1 of 1 Unnamed Tributary to Shell Creek Edmonds, Washington Approximate Bankfull cross Bankfull width Bankfull width distance from section ID(inches)(feet) starting point (feet) 03.5 ESCITY-141.5 94.3 ESCITY-251.0 183.6 ESCITY-343.5 273.8 ESCITY-446.0 362.8 ESCITY-534.0 453.0 ESCITY-636.0 542.6 ESCITY-731.5 632.3 ESCITY-827.5 722.0 ESCITY-923.5 812.6 ESCITY-1031.0 902.6 ESCITY-1131.0 3.0 Average Notes: Measurements limited to approximately 90-foot stream segment on City property. Starting point is located at an approximate boundary between 1010 Main Street and City property. Landau Associates 7/22/2016P:\\074\\190\\WIP\\Table1 - bankfull width table_complete.xlsx Table 2. Proportional Bankfull Width Calculation Page 1 of 1 Based on Stream Segments Edmonds, Washington Stream Average width segment Average width contribution as Site% of total length b length proportion of length (feet) a (feet) (feet) City property9458.4%31.8 1010 Main Street6741.6%0.60.2 Total161100%2 a. Stream segment on City property as estimated at time of field assessment, and estimated based on aerial photography for segment on 1010 Main Street. b. Average width on City property as measured at time of field assessement. Average width inserted for 1010 Main Street to demonstrate minimum width necessary to obtain total average width of 2 feet. Landau Associates 7/22/2016P:\\074\\190\\WIP\\Table1 - proportional calcs_complete.xlsx ATTACHMENT 1 WAC 222-16-031: Interim water typing system.Page 1of 3 WAC 222-16-031WAC 222-16-031 Interim water typing system.Interim water typing system. Until the fish habitat water type maps mentioned above are available, waters will be Until the fish habitat water type maps mentioned above are available, waters will be classified according to the interim water typing system described below. If a dispute arises classified according to the interim water typing system described below. If a dispute arises concerning a water type, the department shall maconcerning a water type, the department shall make available informal conferences, which ke available informal conferences, which shall include the departments of fish and wildlishall include the departments of fish and wildlife, ecology, and affected Indian tribes and those fe, ecology, and affected Indian tribes and those contesting the adopted water types. These conferences shall be established under contesting the adopted water types. These conferences shall be established under 222-46-020222-46-020 procedures established in WAC procedures established in WAC .. For the purposes of this interim water typing system see the following table:For the purposes of this interim water typing system see the following table: Water Type Conversion TableWater Type Conversion Table Permanent Water Permanent Water Interim Water Interim Water TypingTypingTypingTyping ype "Sype "SType 1 WaterType 1 Water TT"" TType "Fype "F""Type 2 and 3 WaterType 2 and 3 Water ype "Npype "NpType 4 WaterType 4 Water TT"" ype "Nsype "NsType 5 WaterType 5 Water TT"" "Type 1 Water""Type 1 Water" *(1)*(1)means all waters, within their ordinary high-water mark, as means all waters, within their ordinary high-water mark, as 90.5890.58 inventoried as "shorelines of the state" under chapter inventoried as "shorelines of the state" under chapter RCW and the rules promulgated RCW and the rules promulgated 90.5890.58 pursuant to chapter pursuant to chapter RCW, but not including those waters' associated wetlands as RCW, but not including those waters' associated wetlands as 90.5890.58 defined in chapter defined in chapter RCW.RCW. "Type 2 Water""Type 2 Water" *(2)*(2)means segments of natural waters whmeans segments of natural waters which are not classified as Type 1 ich are not classified as Type 1 Water and have a high fish, wildlife, or human use. These are segments of natural waters and Water and have a high fish, wildlife, or human use. These are segments of natural waters and periodically inundated areas of their associated wetlands, which:periodically inundated areas of their associated wetlands, which: (a) Are diverted for domestic use by more (a) Are diverted for domestic use by more than 100 residential or camping units or by a than 100 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valiis determined by the department to be a valid appropriation of water and only considered Type d appropriation of water and only considered Type 2 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is 2 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;reduced by 50 percent, whichever is less; (b) Are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall (b) Are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type 2 Water upstream from the point of diversion for 1,500 feet, including be considered Type 2 Water upstream from the point of diversion for 1,500 feet, including tributaries if highly significant for protectitributaries if highly significant for protection of downstream water quality. The department may on of downstream water quality. The department may allow additional harvest beyond the requirements allow additional harvest beyond the requirements of Type 2 Water designation provided by the of Type 2 Water designation provided by the department of fish and wildlife, department of ecology, the affected tribes and interested department of fish and wildlife, department of ecology, the affected tribes and interested parties that:parties that: (i) The management practices proposed by the landowner will adequately protect water (i) The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; andquality for the fish hatchery; and (ii) Such additional harvest meets the requirements of the water type designation that (ii) Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery;would apply in the absence of the hatchery; (c) Are within a federal, state, local or private campground having more than 30 camping (c) Are within a federal, state, local or private campground having more than 30 camping units: Provided, That the water shall not be considered to enter a campground until it reaches units: Provided, That the water shall not be considered to enter a campground until it reaches the boundary of the park lands available fothe boundary of the park lands available for public use and comes within 100 feet of a r public use and comes within 100 feet of a camping unit.camping unit. http://apps.leg.wa.gov/wac/default.aspx?cite=22-1-03175201 26//6 WAC 222-16-031: Interim water typing system.Page 2of 3 (d) Are used by fish for spawning, rearing or migration. Waters having the following (d) Are used by fish for spawning, rearing or migration. Waters having the following characteristics are presumed to have characteristics are presumed to have highly significant fish populations:highly significant fish populations: (i) Stream segments having a defined channel 20 feet or greater within the bankfull width (i) Stream segments having a defined channel 20 feet or greater within the bankfull width and having a gradient of less than 4 percent.and having a gradient of less than 4 percent. (ii) Lakes, ponds, or impoundments having a surf(ii) Lakes, ponds, or impoundments having a surface area of 1 acre or greater at seasonal ace area of 1 acre or greater at seasonal low water; orlow water; or (e) Are used by fish for off-channel habitat. These areas are critical to the maintenance of (e) Are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall optimum survival of fish. This habitat shall be identified based on the following criteria:be identified based on the following criteria: (i) The site must be connected to a fish bear(i) The site must be connected to a fish bearing stream and be accessible during some ing stream and be accessible during some period of the year; andperiod of the year; and (ii) The off-channel water must be accessible to fish through a drainage with less than a (ii) The off-channel water must be accessible to fish through a drainage with less than a 5% gradient.5% gradient. "Type 3 Water""Type 3 Water" *(3)*(3)means segments of natural waters whmeans segments of natural waters which are not classified as Type 1 ich are not classified as Type 1 or 2 Waters and have a moderate to slight fish, wildlife, or human use. These are segments of or 2 Waters and have a moderate to slight fish, wildlife, or human use. These are segments of natural waters and periodically inundated areas of their associated wetlands which:natural waters and periodically inundated areas of their associated wetlands which: (a) Are diverted for domestic use by more (a) Are diverted for domestic use by more than 10 residential or camping units or by a than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valiis determined by the department to be a valid appropriation of water and the only practical d appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 3 Water upstream water source for such users. Such waters shall be considered to be Type 3 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;percent, whichever is less; (b) Are used by fish for spawning, rearing (b) Are used by fish for spawning, rearing or migration. The requior migration. The requirements for determining rements for determining fish use are described in the board manual section 13. If fish use has not been determined:fish use are described in the board manual section 13. If fish use has not been determined: (i) Waters having any of the following characteristics are presumed to have fish use:(i) Waters having any of the following characteristics are presumed to have fish use: (A) Stream segments having a defined channel of(A) Stream segments having a defined channel of 2 feet or greater within the bankfull 2 feet or greater within the bankfull width in Western Washington; or 3 feet or greater in width in Eastern Washington; and having width in Western Washington; or 3 feet or greater in width in Eastern Washington; and having a gradient of 16 percent or less;a gradient of 16 percent or less; (B) Stream segments having a defined channel of(B) Stream segments having a defined channel of 2 feet or greater within the bankfull 2 feet or greater within the bankfull width in Western Washington; or 3 feet or greater within the bankfull width in Eastern width in Western Washington; or 3 feet or greater within the bankfull width in Eastern Washington, and having a gradient greater tWashington, and having a gradient greater than 16 percent and less than or equal to 20 han 16 percent and less than or equal to 20 percent, and having greater than 50 acres in contributing basin size in Western Washington or percent, and having greater than 50 acres in contributing basin size in Western Washington or greater than 175 acres contributing basin size in Eastern Washington, based on hydrographic greater than 175 acres contributing basin size in Eastern Washington, based on hydrographic boundaries;boundaries; (C) Ponds or impoundments having a surface area of less than 1 acre at seasonal low (C) Ponds or impoundments having a surface area of less than 1 acre at seasonal low water and having an outlet to a fish stream;water and having an outlet to a fish stream; (D) Ponds of impoundments having a surface area greater than 0.5 acre at seasonal low (D) Ponds of impoundments having a surface area greater than 0.5 acre at seasonal low water.water. (ii) The department shall waive or modify the c(ii) The department shall waive or modify the characteristics in (i) of this subsection where:haracteristics in (i) of this subsection where: (A) Waters have confirmed, long term, nat(A) Waters have confirmed, long term, naturally occurring water quality parameters urally occurring water quality parameters incapable of supporting fish;incapable of supporting fish; (B) Snowmelt streams have short flow cycles that do not support successful life history (B) Snowmelt streams have short flow cycles that do not support successful life history phases of fish. These streams typically have no flow in the winter months and discontinue flow phases of fish. These streams typically have no flow in the winter months and discontinue flow by June 1; orby June 1; or (C) Sufficient information about a geomorphic region is available to support a departure (C) Sufficient information about a geomorphic region is available to support a departure from the characteristics in (i) of this subsfrom the characteristics in (i) of this subsection, as determined in consultation with the ection, as determined in consultation with the department of fish and wildlife, department of ecdepartment of fish and wildlife, department of ecology, affected tribes and interested parties.ology, affected tribes and interested parties. http://apps.leg.wa.gov/wac/default.aspx?cite=22-1-03175201 26//6 WAC 222-16-031: Interim water typing system.Page 3of 3 "Type 4 Water""Type 4 Water" *(4)*(4)means all segments of natural waters within the bankfull width of means all segments of natural waters within the bankfull width of defined channels that are perennial nonfish habitadefined channels that are perennial nonfish habitat streams. Perennial streams are flowing t streams. Perennial streams are flowing waters that do not go dry any time of a year of normal rainfall and include the intermittent dry waters that do not go dry any time of a year of normal rainfall and include the intermittent dry portions of the perennial channel below portions of the perennial channel below the uppermost point of perennial flow.the uppermost point of perennial flow. "Type 5 Waters""Type 5 Waters" *(5)*(5)means all segments of natural waters within the bankfull width of the means all segments of natural waters within the bankfull width of the defined channels that are not Type 1, 2, 3, or 4 Waters. These are seasonal, nonfish habitat defined channels that are not Type 1, 2, 3, or 4 Waters. These are seasonal, nonfish habitat streams in which surface flow is not present fostreams in which surface flow is not present for at least some portion of the year and are not r at least some portion of the year and are not located downstream from any stream reach that is a Type 4 Water. Type 5 Waters must be located downstream from any stream reach that is a Type 4 Water. Type 5 Waters must be physically connected by an above-ground channel system to Type 1, 2, 3, or 4 Waters.physically connected by an above-ground channel system to Type 1, 2, 3, or 4 Waters. *(6) For purposes of this section:*(6) For purposes of this section: (a) "Residential unit" means a home, apartment, residential condominium unit or mobile (a) "Residential unit" means a home, apartment, residential condominium unit or mobile home, serving as the principal place of residence.home, serving as the principal place of residence. (b) "Camping unit" means an area intended and used for:(b) "Camping unit" means an area intended and used for: (i) Overnight camping or picnicking by the public(i) Overnight camping or picnicking by the public containing at least a fi containing at least a fireplace, picnic table replace, picnic table and access to water and sanitary facilities; orand access to water and sanitary facilities; or (ii) A permanent home or condominium unit or (ii) A permanent home or condominium unit or mobile home not qualifying as a "residential mobile home not qualifying as a "residential unit" because of part time occupancy.unit" because of part time occupancy. (c) "Public accommodation facility" means (c) "Public accommodation facility" means a business establishment open to and licensed a business establishment open to and licensed to serve the public, such as a restaurant, tavern, motel or hotel.to serve the public, such as a restaurant, tavern, motel or hotel. (d) "Natural waters" only excludes water conveyance systems which are artificially (d) "Natural waters" only excludes water conveyance systems which are artificially constructed and actively maintained for irrigation.constructed and actively maintained for irrigation. (e) "Seasonal low flow" and "seasonal low water"(e) "Seasonal low flow" and "seasonal low water" mean the conditions of the 7-day, 2-year mean the conditions of the 7-day, 2-year low water situation, as measured or estimatlow water situation, as measured or estimated by accepted hydrologic techniques recognized ed by accepted hydrologic techniques recognized by the department.by the department. (f) "Channel width and gradient" means a measurement over a representative section of at (f) "Channel width and gradient" means a measurement over a representative section of at least 500 linear feet with at least 10 evenly spaced measurement points along the normal least 500 linear feet with at least 10 evenly spaced measurement points along the normal stream channel but excluding unusually wide areas of negligible gradient such as marshy or stream channel but excluding unusually wide areas of negligible gradient such as marshy or swampy areas, beaver ponds and impoundments.swampy areas, beaver ponds and impoundments. Channel gradient may be determined Channel gradient may be determined utilizing stream profiles plotted from United utilizing stream profiles plotted from United States geological survey topographic maps. (See States geological survey topographic maps. (See board manual section 23.)board manual section 23.) 76.09.04076.09.04076.09.37076.09.370 \[Statutory Authority: RCW \[Statutory Authority: RCW andand. WSR 06-23-096, § 222-16-031, filed . WSR 06-23-096, § 222-16-031, filed 76.09.04076.09.040 11/15/06, effective 12/16/06. Statutory Authority: RCW 11/15/06, effective 12/16/06. Statutory Authority: RCW . WSR 05-12-119, § 222-16-. WSR 05-12-119, § 222-16- 34.0534.0576.09.04076.09.040 031, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapter 031, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapter RCW, RCW RCW, RCW ,, 76.13.12076.13.120 \[76.09.\]050, \[76.09.\]370, \[76.09.\]050, \[76.09.\]370, (9). WSR 01-12-042, § 222-16-031, filed 5/30/01, effective (9). WSR 01-12-042, § 222-16-031, filed 5/30/01, effective 7/1/01.\]7/1/01.\] http://apps.leg.wa.gov/wac/default.aspx?cite=22-1-03175201 26//6 ATTACHMENT 2 Њ͵ 5ƩğźƓ ƚƩźŭźƓğƷźƓŭ ŅƩƚƒ ƩĻƷğźƓźƓŭ Ǟğƌƌ ƚƓ ЊЉЉБ ağźƓ {ƷƩĻĻƷͲ БΏЋЉΏЋЉЊЍ͵ Њ Ʒ Ɠ Ļ ƒ ǒ ĭ Ћ͵ 5ƩğźƓ ƚƩźŭźƓğƷźƓŭ ŅƩƚƒ ƩĻƷğźƓźƓŭ Ǟğƌƌ ƚƓ ЊЉЉБ ağźƓ {ƷƩĻĻƷͲ АΏЊΏЋЉЊЏ͵ ƚ АΉЊЍΉЊЏ 5 CźŭǒƩĻ {ƷƩĻğƒ 5ĻƷĻƩƒźƓğƷźƚƓ {ĻƌĻĭƷĻķ {źƷĻ tŷƚƷƚŭƩğƦŷƭ ЋΏЊ ЊЉЉБ ağźƓ {ƷƩĻĻƷ 9ķƒƚƓķƭͲ ‘ğƭŷźƓŭƷƚƓ Ќ͵ …ƓƓğƒĻķ ƷƩźĬǒƷğƩǤ Ʒƚ {ŷĻƌƌ /ƩĻĻƉ ŅğĭźƓŭ ĻğƭƷ ŅƩƚƒ ЊЉЉБ ağźƓ {ƷƩĻĻƷ͵ Њ Ʒ Ɠ Ļ ƒ ǒ ĭ Ѝ͵ …ƓƓğƒĻķ ƷƩźĬǒƷğƩǤ Ʒƚ {ŷĻƌƌ /ƩĻĻƉ ŅğĭźƓŭ ǞĻƭƷ ŅƩƚƒ /źƷǤ ƦƩƚƦĻƩƷǤ͵ ƚ АΉЊЍΉЊЏ 5 CźŭǒƩĻ {ƷƩĻğƒ 5ĻƷĻƩƒźƓğƷźƚƓ {ĻƌĻĭƷĻķ {źƷĻ tŷƚƷƚŭƩğƦŷƭ ЋΏЋ ЊЉЉБ ağźƓ {ƷƩĻĻƷ 9ķƒƚƓķƭͲ ‘ğƭŷźƓŭƷƚƓ Ў͵ CğĭźƓŭ ǞĻƭƷ ƷƚǞğƩķ ЊЉЊЉ ağźƓ {ƷƩĻĻƷ ğƓķ /źƷǤ ƦƩƚƦĻƩƷǤ ĬƚǒƓķğƩǤ͵ Њ Ʒ Ɠ Ļ ƒ ǒ ĭ Џ͵ CğĭźƓŭ ĻğƭƷ ŅƩƚƒ źƓƭźķĻ /źƷǤ ƦƩƚƦĻƩƷǤ ĬƚǒƓķğƩǤ ğķƆğĭĻƓƷ Ʒƚ ЊЉЊЉ ağźƓ {ƷƩĻĻƷ ƚ АΉЊЍΉЊЏ 5 ƦƩƚƦĻƩƷǤ͵ CźŭǒƩĻ {ƷƩĻğƒ 5ĻƷĻƩƒźƓğƷźƚƓ {ĻƌĻĭƷĻķ {źƷĻ tŷƚƷƚŭƩğƦŷƭ ЋΏЌ ЊЉЉБ ağźƓ {ƷƩĻĻƷ 9ķƒƚƓķƭͲ ‘ğƭŷźƓŭƷƚƓ А͵ CğĭźƓŭ ǞĻƭƷ ŅƩƚƒ źƓƷĻƩźƚƩ ƚŅ /źƷǤ ƦƩƚƦĻƩƷǤ͵ Њ Ʒ Ɠ Ļ ƒ ǒ ĭ Б͵ CğĭźƓŭ ǞĻƭƷ ƓĻğƩ ŭƩğķĻ ĬƩĻğƉ ƓĻğƩ ĭƚƓŅƌǒĻƓĭĻ ǞźƷŷ {ŷĻƌƌ /ƩĻĻƉ͵ ƚ АΉЊЍΉЊЏ 5 CźŭǒƩĻ {ƷƩĻğƒ 5ĻƷĻƩƒźƓğƷźƚƓ {ĻƌĻĭƷĻķ {źƷĻ tŷƚƷƚŭƩğƦŷƭ ЋΏЍ ЊЉЉБ ağźƓ {ƷƩĻĻƷ 9ķƒƚƓķƭͲ ‘ğƭŷźƓŭƷƚƓ В͵ CğĭźƓŭ ǞĻƭƷ ğƷ ĭƚƓŅƌǒĻƓĭĻ ƚŅ ǒƓƓğƒĻķ ƷƩźĬǒƷğƩǤͲ ağźƓ {ƷƩĻĻƷ ķźƷĭŷͲ ğƓķ {ŷĻƌƌ /ƩĻĻƉ͵ Њ Ʒ Ɠ Ļ ƒ ǒ ĭ ͵ ƚ АΉЊЍΉЊЏ 5 CźŭǒƩĻ {ƷƩĻğƒ 5ĻƷĻƩƒźƓğƷźƚƓ {ĻƌĻĭƷĻķ {źƷĻ tŷƚƷƚŭƩğƦŷƭ ЋΏЎ ЊЉЉБ ağźƓ {ƷƩĻĻƷ 9ķƒƚƓķƭͲ ‘ğƭŷźƓŭƷƚƓ