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17-06494-000_BE_EdmondsWaterfrontCtr_20170905.pdfBIOLOGICAL EVALUATION BPS FF"�y For informal ESA Consultation j '"• US Army Corps For: (Corps Reference Number) of Engineers Seattle District Version: May 2012 ** This form is for projects that have insignificant or discountable impacts on listed species. It contains all the information required for a biological evaluation, but in abbreviated form and with minimal instructions on how to fill it out. For more detailed instructions, a format for development of a biological assessment or biological evaluation can be found on the Seattle District Corps website (www.nws.usace.army.mil — click on regulatory and then on endangered species, BA Template). You may also contact the Corps at 206-764-3495 for further information. Drawings and Photographs - Drawings and photographs must be submitted. Photographs must be submitted showing local area, shoreline conditions, existing overwater structures, and location of the proposed project. Drawings must include a vicinity map; plan, profile, and cross-section drawings of the proposed structures; and over- and in -water structures on adjacent properties. (For assistance with the preparation of the drawings, please refer to our Drawing Checklist located on our website at www.nws.usace.army.mil Select Regulatory — Regulatory/Permits — Forms.) Submit the information to: U.S. Army Corps of Engineers, Regulatory Branch, P.O. Box 3755, Seattle, Washington 98124-3755. Date: September 5, 2017 SECTION A General Information 1. Applicant name Carrie Hite, City of Edmonds, Parks, Recreation, and Cultural Services Department Mailing address: 700 Main Street, Edmonds, WA 98020 Work phone: 425-771-0256 Home phone: Email: carrie.hite edmondswa. ov Fax: 425-771-0253 2. Joint -use applicant name Not applicable Mailing address: Work phone: Home phone: Email: Fax: 3. Authorized agent name Shelby Petro Mailing address: Herrera Environmental Consultants, 2200 Sixth Avenue, Suite 1100, Seattle, WA 98120 Work phone: 206-787-8307 Home phone: Email: spetro@herrerainc.com Fax: 206-441-9108 4. Location where proposed work will occur 220 Railroad Avenue, Edmonds, WA 98020, Snohomish County 200 Beach Place, Edmonds, WA 98020, Snohomish County Waterbody: Puget Sound, WRIA 8, HUC 17110 1/4 Section: SE Section: 23 Township: 27N Range: 3E Latitude: 47.81122 Longitude:-122.3854 5. Description of Work Project Description The City of Edmonds Parks, Recreation, and Cultural Services Department (City) and the Edmonds Senior Center (Senior Center) propose to redevelop the Edmonds Senior and Community Center; the associated parking lot, bulkhead, and beach access; and to construct an overwater walkway in front of the Ebb Tide Condominium building (Figure 1; Figure 2). Together, those elements comprise the Edmonds Waterfront Center Project (project). The proposed Edmonds Waterfront Center building will be used by the Senior Center to continue providing senior and community services, and it will be used by the City for programming and events during the late afternoon and evening hours. The proposed overwater walkway will connect two existing portions of the Edmonds Marine Walkway to provide a continuous pedestrian access along the waterfront. The project site for the Edmonds Waterfront Center, parking lot, and beach access is at 220 Railroad Avenue in Edmonds, Washington (Figure 1), within Section 23 of Township 27 North and Range 03 East of the Willamette Meridian. The overwater walkway will be constructed within a City -owned easement on the beach in front of the Ebb Tide Condominiums, directly south of the proposed Waterfront Center building (Figure 2). The existing parking lot extends onto a bulkhead located partially below mean higher high water (MHHW) of Puget Sound. The bulkhead is composed of fill material and supported by 36 creosote - treated timber piles around the perimeter. The bulkhead timbers and fill will be removed and new beach access will be provided by installing concrete stairs and a ramp within the existing footprint, above MHHW (Figure 2). The stairs and ramp will be supported by no more than 60 steel H-piles. Large woody debris, boulders, and a sand/gravel mix for beach nourishment will be installed, and native vegetation will be planted in the area of bulkhead removal. The parking lot will be reconfigured and will incorporate a bioretention planter for water quality treatment and infiltration. There are two existing outfalls in the bulkhead to Puget Sound, both of which will be shortened to end above (landward of) MHHW. The proposed overwater walkway will link the existing portions of the Edmonds Marine Walkway between the ferry terminal and the Edmonds Marina in front of the Ebb Tide Condominiums through a City -owned easement. The overwater walkway will be a 10-foot-wide, concrete and grated structure approximately 154 feet long, elevated on seven steel piles. Approximately 50 percent of the footprint of the structure will be grated, with 60 percent of the grating having an open area (meeting the requirements of WAC 220-660-380). A portion of the City's easement is waterward of MHHW, requiring two of the steel support piles to be installed below MHHW. Steel piles will be installed only during low tide, outside the water, avoiding the need for in -water work. A barge may be used for construction or staging equipment. A set of stairs at the south end of the proposed overwater walkway will be demolished. It will be replaced with stairs next to the existing stairway location to provide beach access. No more than six steel H-piles will be installed to support the stairs. Piles will be installed above MHHW between high -tide cycles. While construction equipment is mobilized on site for the proposed project, two concrete foundations and three creosote -treated timber piles will be removed from the intertidal zone (Figure 2). Table 1 summarizes the volumes and areas of activities proposed for the project. F—Table 1. Proposed Project Activities and Associated Volumes and Areas Affected. Proposed Activity Volume (CY) Area (SF) Remove 36 creosote -treated timber pilcs 1,424 3,841 and fill from bulkhead Remove three creosote -treated timber 27 9 piles from the intertidal zone Remove two concrete foundations 213 567 Drive seven 30-inch-diameter steel piles 63 35 for the overwater walkway Place overwater walkway structure n/a 1,383 Install access stairs (south of overwater 45 150 walkway) Drive up to six 16-inch or 18-inch steel 30 15 H-piles for stairs Install beach access stairs and ramp 300 2,000 Drive up to 60 16-inch or 18-inch steel 300 140 H-piles for beach access stairs and ramp Place sand/gravel mix for beach 1,210 3,841 restoration Pile Driving Pile driving will occur for a maximum of 5 days for 240 minutes per day. If a vibratory hammer is used for installation, proofing would require 15 minutes for each pile. If an impact hammer is used, installation would take approximately 105 minutes for each pile. Pile -driving details are provided in Table 2. Table 2. Pile Driving Proposed for the Edmonds Waterfront Center Project. 5.1 Number of piles being replaced: 36 creosote -treated timber piles will be removed from the existing bulkhead; 3 creosote -treated timber piles will be removed from the intertidal zone; 7 new 30-inch diameter steel piles will be installed for the overwater walkway; up to 6 H-piles will be installed to support new stairs leading to the beach; up to 60 H-piles will be installed to support the stairs and ramp access landward of the beach. 5.2 Replacement pile type: Steel (e.g., ACZA-treated wood, steel, coating used on steel piles) 5.3 Replacement pile size: 30-inch-diameter steel piles for overwater walkway (e.g., 12-inch) 16-inch and 18-inch steel H-piles to support new stairs and ramp access 5.4 Installation method: Piles will be installed with a vibratory hammer to the extent possible. (e.g., vibratory, impact hammer) Piles may be proofed with an impact hammer, if necessary, to reach the appropriate load -bearing capacity. Piles will be installed during low tide to avoid any in -water impact driving and to minimize the potential for sound pressure wave impacts on listed species. 5.5 Anticipated dates, number of Anticipated dates: July 15—October 14 minutes, and number of days Minutes per day: 240 vibratory pile driving Number of days: 37 5.6 For vibratory installation, will Yes. Number of pile strikes per pile: 300 proofing be required? If so, how many pile strikes per pile? 5.7 For impact hammer installation, If a vibratory hammer is not used, then an impact hammer will be estimate the number of pile strikes used. Number of strikes per pile: 3,500 required per pile: 5.8 For impact hammer installation Proofing: or proofing, estimated number of Number of strikes per day: 7,000 (install 2 piles per day) pile strikes per day: Anticipated dates: July 15—October 14 5.9 For impact hammer pile driving Not applicable, all impact driving will be done in the dry or proofing, sound attenuation measures: 5.10 Anticipated dates, number of Anticipated dates: July 15—October 14 minutes and number of days of Minutes per day: 240 impact hammer pile driving or Number of days: 37 proofing: 5.11 Describe substrate into which The substrate consists of 15 feet of sand to silty sand with gravel and piling will be driven: sandy gravel, underlain by medium dense to dense deposits of sandy gravel and sand with little to no silt content (Landau 2017). H Avoidance and Minimization Measures Potential impacts to forage fish spawning habitat have been avoided or minimized by designing the minimum possible footprint below the MHHW elevation. During construction, in -water work and impacts to potential forage fish spawn (i.e., eggs) will be avoided and minimized to the extent practicable by conducting a forage fish spawn survey before construction, by avoiding any construction and barge grounding in spawning areas if eggs are found, by staging equipment on uplands, and by timing work waterward of MHHW to occur during dry, low -tide conditions. An eelgrass survey will be conducted prior to barge use. A barge would not be grounded or anchored on eelgrass beds or forage fish spawning areas, and would be located to avoid shading eelgrass beds. Soil stabilization and stormwater controls are described in Sections 6.I and 6.K, and a full list of conservation measures is provided in Section 11. Mitigation To mitigate for unavoidable impacts associated with the proposed overwater walkway, the project will restore the beach within the footprint of the removed bulkhead. Restoration will consist of planting native vegetation and placing large woody debris, boulders, and clean fish -mix gravels and sand that match existing beach characteristics for beach nourishment and forage fish spawning habitat. This proposed habitat enhancement will compensate for the two new steel piles that will be placed below MHHW to support the overwater walkway. Refer to the Critical Areas Report and Mitigation Plan (Herrera 2017) for details. Additionally, the project will remove three creosote - treated timber piles from within the intertidal zone adjacent to the bulkhead and two concrete foundations buried in the beach in front of the existing Senior Center (Figure 2). 6. Construction Techniques A. Construction sequencing and timing of each stage (duration and dates) Demolition of the Senior Center building will begin in June 2018, followed by construction of the Waterfront Center building, parking lot, bulkhead removal, and beach restoration. Together, the demolition and construction will span approximately 15 to 20 months. Work conducted within or adjacent to the water, including removal of the bulkhead, piles, and concrete, and construction of the overwater walkway, will be timed according to the USACE in -water work window, which is July 14 to October 14. The overwater walkway may be constructed as a later phase of the project during the in -water work window in 2019. B. Site preparation The site will be prepared by installing temporary erosion and sediment control (TESL) best management practices (BMPs) prior to demolition. Once the TESC BMPs are in place, land -based equipment will be used to demolish the existing building, parking area, landscaping, bulkhead, and other site features. Materials will be hauled off site for disposal at existing permitted and approved upland disposal sites. The site will be regraded and prepared for installation of the site utilities, Edmonds Waterfront Center building, overwater walkway, beach access, parking area, and other amenities (Figure 2) C. Equipment to be used Construction equipment may include water trucks, compactors, dump trucks, excavators, cement/mortar mixers, cranes, graders, tractors/loaders/backhoes, bull dozers, front end loaders, vibratory and impact hammers for pile driving, and barges. Any equipmcnt that will be operated on the beach will be track -mounted and operated on the upper beach during low tides. D. Construction materials to be used The overwater walkway supports will be steel, and the overwater walkway structure will be concrete with grating to allow light to penetrate below. Beach restoration and installation of access stairs and ramp will occur within the footprint of the removed bulkhead. The stairs and ramp will be concrete supported by up to 60 H-piles. Beach restoration will consist of the placement of large woody debris, boulders, and clean fish -mix gravels and sand for beach nourishment. Upland materials will be standard construction materials for the building and parking lot, including concrete, timber, plastic piping, and other common materials. E. Work corridor The work corridor will be limited to the project footprint, which includes the existing Senior Center and parking lot (tax parcel 27032300104200), the 10-foot-wide City easement (AC 8311070085) in front of the Ebb Tide Condominiums, and portions of the walkway north and south for connection purposes (tax parcels 27032300415300 and 27032300104400; and SP 8101160178, a City of Edmonds easement). Equipment will be operated from uplands to the greatest extent feasible. Some track -mounted equipment may be operated on the upper beach in the dry during low tides. No equipment will be operated in wetted areas, other than barges. If a barge is used, it would be partially grounded within 40 feet of the proposed overwater walkway within a temporary construction easement on the Ebb Tide Condominium property. (The City will obtain that easement.) Prior to barge use, an eelgrass survey will be conducted to identify appropriate locations for the barge and anchors (i.e., locations that will avoid impacts on eelgrass communities). F. Staging areas and equipment wash outs Construction staging for bulkhead removal will occur landward of MHHW. Staging for the overwater walkway construction will occur within the footprint of the existing parking lot or in a barge grounded on the low -tide terrace. If a barge is used, it will not be grounded on eelgrass or forage fish habitat. Equipment wash out areas will be located near the construction entrance(s). G. Stockpiling areas All materials will be stored or stockpiled in previously developed areas. They will be stored in a manner that prevents material from washing into the water. H. Running of equipment during construction Construction hours would be confined to between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and 10:00 a.m. and 6:00 p.m. on Saturdays (with the approval of the City Engineer). No construction work will be done on Sundays and federal holidays, per Edmonds City Code 5.30.110. Con I. Soil stabilization needs/techniques Erosion will be minimized through the development and implementation of a TESC plan and execution of BMPs, such as: • A stormwater pollution prevention plan (SWPPP) will be implemented. • TESC measures will be installed prior to clearing, grubbing, excavation, and grading activities. • Clearing and ground -disturbing activities will be limited to the minimum area needed to construct the project. • Where necessary, erosion and sediment control measures (e.g., stabilized construction entrance, silt fences, wattles, plastic covering, and drain inlet protection) will be installed to prevent release and discharge of sediments from construction areas. • High -visibility fencing will be installed to delineate clearing and construction limits. • Any waste material, debris, or spoils will be disposed of at an approved and permitted upland commercial site or approved waste site. • Containment measures will be implemented at staging and material stockpile areas to prevent runoff. • 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. J. Clean-up and re -vegetation Construction materials will be removed from temporarily impacted areas, and the area will be restored to preconstruction conditions. The beach restoration area will be planted with appropriate native beach vegetation per the planting plan included in the Critical Areas Report and Mitigation Plan (Herrera 2017). K. Storm water controls / management During construction of the project, the contractor will reduce and control surface and runoff water impacts by adhering to the requirements of the TESC plan and permit conditions. BMPs implemented during construction may include: • Implementation of a SWPPP • Limiting clearing and land disturbing activities to the minimum area needed to construct the project • Use of wattles and silt fences to control stormwater runoff flow rates and to prevent sediment from entering surface waters • Storm drain inlet protection to prevent sediment discharges • Use of turbidity and debris curtains to prevent any discharge of materials to waters of Puget Sound • Stabilizing temporary stormwater facilities with rocks or quarry spalls to prevent scour and erosion 7 • Employing temporary (e.g., weed -free mulch and plastic sheeting) and permanent (mulch) cover measures to protect disturbed areas. • Temporary covering of fill material stockpiles to prevent erosion and sediment release • Frequent sweeping of silt from roadway surfaces to prevent sediment runoff • Frequent inspection of flow and erosion control TESC facilities and maintenance of facilities for continued proper functioning L. Source location of any fill used Imported clean sands and gravels placed landward and waterward of MHHW will be sourced from a legal local quarry. Large woody debris, with intact root wads where possible, and boulders will be locally sourced. M. Location of any spoil disposal Creosote -treated timber piles, concrete, and fill associated with the bulkhead removal will be disposed of off site at an approved landfill. Disposal of creosote -treated materials will follow the BMPs outlined by the Washington Department of Natural Resources (WDNR) guidance on creosote -treated timber piling removal and disposal (WDNR 2017). 7. Action Area The project action area is defined as all areas to be affected directly or indirectly by the action and not only the immediate area involved in the action (50 CFR §402.02). The action area includes the project footprint and all surrounding areas where project activities could potentially affect the environment. The extent of the action area encompasses direct and indirect effects, as well as any effects of interrelated or interdependent actions. The terrestrial and aquatic action areas are shown on Figure 3. The terrestrial extent of the action area is defined by temporary increases in noise that may result from construction. For this project, the construction activity with the largest area of potential effect is terrestrial pile driving using an impact or vibratory hammer for pile installation. Terrestrial impact pile driving is expected to produce an estimated peak sound pressure of 110 dBA at 50 feet. Jackhammers and graders are the next loudest pieces of equipment, estimated at 89 dBA at 50 feet. Using the rules of decimal addition project noise is estimated at 110 dBA. Typical ambient noise levels in Edmonds near the waterfront are assumed to be 78 dBA, based on typical, high -density, urban areas (WSDOT 2017). This is likely a conservative estimate due to the proximity of the Edmonds Ferry Terminal (about 500 feet to the north of the project site). Using attenuation rates for hard sites (i.e., pavement or water), it is estimated that in -air project noise will attenuate to ambient noise at 0.38 mile (1,991 feet). The aquatic action area is determined by the greatest extent of increased turbidity from construction. Any increase in suspended sediment is expected to be localized, of short duration, and confined to the beach foreshore. Increased turbidity is expected due to substrate disturbance associated with fill removal and bulkhead setback and from the first tidal inundation after construction. Increased suspended sediments from removal of fill, pile driving, and beach nourishment in areas subject to future tidal inundation is anticipated to be limited to approximately 150 feet seaward of the project site and extend along and within the active beach foreshore north to the ferry terminal pier and south to the Edmonds Marina, resulting in an area of approximately 3.8 acres of aquatic action area. This aquatic action area extends onto the unvegetated upper low tide terrace, and is less than 20 feet in depth relative to extreme high water. Noise and pollution do not define the aquatic action area because their likely impacts will be limited to an area smaller than those of increased turbidity. All pile driving and earth moving will be conducted in the dry at low tide. Although ground vibrations will occur, it is unlikely that they will generate underwater noise at levels sufficient to affect aquatic species given the wide beach at the project location and that pile driving will occur during low tide. The distance to the water line and shallow depth of water adjacent to the project footprint will further reduce the likelihood of noise transmission (WSDOT 2017). Therefore, pile driving is not expected to generate a significant in - water noise impact. Stormwater from pollution generating surfaces on site will be treated and infiltrated in a bioretention cell, then discharged through an existing outfall in the bulkhead that will be shortened to above MHHW. Untreated stormwater will not enter surface Puget Sound. A separate existing outfall and the second shortened outfall from the removed bulkhead will convey stormwater from non -pollution generating surfaces. The project will comply with Washington State surface water quality requirements in marine waters (WAC 173-201A-210). 8. Species Information This biological evaluation (BE) was prepared to determine the potential effects of the proposed project on listed and proposed threatened and endangered species and their designated critical habitat. Species lists and maps were obtained from the US Fish and Wildlife Service (USFWS 2017a), the National Marine Fisheries Service (NMFS 2017), and the Washington Department of Fish and Wildlife (WDFW 2017a) (Table 3). Table 3. USFWS and NMFS Listed Species and Designated Critical Habitat Potentially Present in the Waterfront Center Project Action Area. Designated Critical Habitat Federal in the Action Common Name Scientific Name ESU/DPS Status Area? Chinook salmon Oncorhynchus Puget Sound threatened yes tshawytscha Bull trout Salvelinus confluentus Coastal -Puget Sound threatened yes Steelhead Oncorhynchus mykiss Puget Sound threatened no Eulachon Thaleichthys pacificus Southern threatened no Yelloweye Sebastes ruberrimus Puget Sound/Georgia threatened yes rockfish Basin Bocaccio Sebastes paucispinis Puget Sound/Georgia endangered yes Basin Marbled murrelet Brachyramphus CA, OR, WA threatened no marmoratus ESU = evolutionarily significant unit DPS = distinct population segment N Species lists from USFWS indicate the potential presence of North American wolverine (Gulo gulo luscus), streaked horned lark (Eremophila alpestris strigata), and yellow -billed cuckoo (Coccyzus americanus) in the action area. No suitable habitat exists within the action area for those species. Examination of the PHS database maps from WDFW and an analysis of habitat types and conditions within the action area showed that the species do not occur in the action area; therefore, there will be no effect on wolverine, streaked homed lark, or cuckoo, and they are not addressed further in this BE. Species lists from NMFS indicate the potential presence of Southern resident killer whale (Orcinus orca; SRKW) and Southern DPS green sturgeon (Acipenser medirostris) in the action area. SRKW have been observed along the Edmonds waterfront. The action area does not extend to waters deeper than 20 feet. SRKW do not use the shallow waters contained within the action area. SRKW will not occur in the action area, so the proposed project will have no effect on SRKW. Southern DPS green sturgeon forage in estuaries in Washington, Oregon, and California during the summer months, and congregate off of northern Vancouver Island B.C. and Canada in the winter months. There is no suitable foraging habitat for green sturgeon in the action area The species is rare in Puget Sound, which is not considered within its natural range; therefore, the project will have no effect on green sturgeon. Use of the action area by listed salmonid species is discussed in Section 9.F. Use of the action area by eulachon, yelloweye rockfish, and bocaccio is discussed in Section 9.H. Use of the action area by marbled murrelet is discussed in Section 9.J. 9. Existing Environmental Conditions A. Shoreline riparian vegetation and habitat features The project site is located along the Puget Sound nearshore environment (intertidal and shore zones), which is defined by the City of Edmonds as a fish and wildlife habitat conservation area (FWHCA). FWHCAs are regulated by the City of Edmonds as environmentally critical areas in accordance with Edmonds City Code Chapter 23. Most of the shoreline within the action area is occupied with seawalls and fill; there is only a small area of upper intertidal and backshore vegetation. The upper intertidal shoreline is entirely armored with rock, wood, and concrete, except for a 250-foot section of natural beach and restored native vegetation at Brackett's Landing South, approximately 250 feet north of the bulkhead to be removed. A narrow sand and gravel beach extends north and south of the ferry terminal. The beach north of the terminal is mapped by WDFW as providing spawning habitat for surf smelt (WDFW 2017a). The beach south of the terminal, within and adjacent to the project area, while it maybe suitable for forage fish spawning, is not mapped as forage fish spawning habitat (WDFW 2017a). Pedestrian activity along this shoreline is significant. Vegetation in the marine riparian zone (the narrow shoreline adjacent to the Sound) has been highly modified by development and disturbance, including fill associated with the BNSF railroad bed, the ferry terminal, and bulkheads and seawalls for shoreline protection. B. Aquatic substrate and vegetation The nearshore subtidal area between the project site and the Port of Edmonds Marina is mostly sand, with several areas of artificial reef materials and rock at depths of -15 to -90 feet mean lower low water (MLLW). Between the ferry terminal and Dayton Street (approximately 1,200 feet south of the 10 ferry terminal), expansive macroalgae beds were found during surveys for the City of Edmonds Shoreline Master Program, including Laminaria spp. and Nereocystis spp., from the -5-foot contour to the -60-foot MLLW contour (CH2M Hill 2004). The area directly offshore of and including the docking area of the ferry terminal is devoid of macroalgae, probably as a result of propeller -induced turbulence. The green algae, Ulva lactuca, and the red algae, Gracilaria sjoestedhi, were found from Edmonds Marina to the ferry pier and from the ferry pier north through Edmonds Underwater Park and beyond (CH2M Hill 2004). Eelgrass beds were found to be continuous at depths of about -2 feet to -20 feet MLLW during the surveys (CH2M Hill 2004). The eelgrass beds start at approximately 300 linear feet waterward from the project site, and 150 linear feet from the project action area, both measured perpendicular to the shoreline. Although there is eelgrass near the project site, impacts on eelgrass are not anticipated because: • The eelgrass is over 300 feet offshore, and in a different geomorphic unit (foreshore and backshore versus low tide terrace). Finlayson (2006) has shown that there is very little, if any, exchange of sediment between the foreshore and the low tide terrace. • The size and grade of the placed sand/gravel material will be matched to areas adjacent to it such that the area backfilled will not be a significant source of sediment. • The embayment formed will likely trap more material than will be exported due to the new shoreline geometry. • Larger volumes of backfill at comparable distances were placed at Brackett's Landing South without detrimental impact to the same eelgrass beds. If a construction barge is used, it would not be grounded on eelgrass beds, because they are located far offshore; also, an eelgrass survey will be done prior to barge use to confirm areas suitable for barge and anchor placement. The nearshore subtidal area within the aquatic action area north of the ferry terminal is mixed coarse substrate and sand. Dense eelgrass is present starting about 1 mile northeast of the project site, between Northstream Creek and Perrinville Creek. A dense band of kelp was mapped off the mouth of Shell Creek (0.8 mile northeast of the project site) (Edmonds 2007). C. Surrounding land/water uses The shoreline in the action area is zoned Commercial Waterfront (CW) and Public Use (P). The Washington State Ferries terminal, the BNSF railway, and the Port of Edmonds Marina are dominant land uses in the action area. The railway borders a large portion of the marine shoreline in the action area. On either side of the ferry terminal are two regional parks, Brackett's Landing North and South. Collectively, the two parks include public beach, picnic areas, interpretive information, public restrooms, a parking lot, and showers. Pedestrian activity and beachcombing is intense and dispersed. On the northern side of the ferry terminal is another regional park, Edmonds Underwater Park. From the ferry terminal to the Port of Edmonds Marina is the Edmonds Marine Walkway, a public waterfront walkway. Surrounding land uses are commercial, industrial, and residential. D. Level of development The terrestrial action area is highly developed; the shoreline is dominated by urban structures and pavement related to transportation, residential, and commercial facilities. Likewise, the highly developed marine aquatic areas include the railroad bed, bulkheads, ferry docks, commercial piers, sewer and stormwater outfalls, and a few residential structures. 11 E. Water quality At the Puget -Sound scale, there are multiple water quality concerns (Encyclopedia of Puget Sound 2017): • Levels of toxic contaminants in biota that live or feed in Puget Sound • The eutrophication of marine waters, producing hypoxic and anoxic regions • Wastewater contamination, principally from combined sewer overflows or septic systems • Harmful algal blooms, which introduce toxins that enter the food web • Acidification of marine waters, and the adverse ecological effects that result At the action -area scale, water quality is impaired due to exceedances of criteria for bacteria in water samples taken at Brackett's Landing and exceedances of toxic contaminants, including Benzo(a)anthracene, Benzo(a)pyrene, Benzo(b)fluoranthene, Benzo(k)fluoranthene, Chrysene, and polychlorinated biphenyls (PCBs), in tissue samples (Ecology 2017). F. Describe use of the action area by listed salmonid fish species. Chinook salmon, steelhead, and bull trout use nearshore areas for adapting from freshwater to saltwater, for migration, and as nursery areas for juveniles. Nearshore area surveys conducted in 2001 found juvenile Chinook at several locations in the Edmonds vicinity. Salmonid stocks that may be present near Edmonds include runs from the Skagit and Stillaguamish Rivers, but are mostly from the Snohomish, Green, Puyallup, and Nisqually Rivers and smaller drainages in central and southern Puget Sound (Edmonds 2007). No Chinook, steelhead, or bull trout have been observed in Shell Creek or Shellabarger Creek, which drain directly to Puget Sound 0.7 mile north and 0.6 mile south of the project footprint, respectively (WDFW 2017b). Chinook salmon and steelhead use of habitat in the action area would be during periods of juvenile foraging and juvenile and adult migration. The eelgrass beds along the shoreline provide high quality foraging habitat for juveniles (Edmonds 2007). Once juveniles leave estuarine/delta habitats and enter Puget Sound, they distribute widely throughout nearshore ecosystems. Chinook juveniles spend a greater amount of time in the nearshore environment as they grow, whereas steelhead have a longer freshwater rearing time and are larger when they enter the marine environment, so they are likely to head to deeper waters beyond the nearshore for foraging. Chinook salmon abundance in shoreline areas of Puget Sound typically peaks in June and July, although some are still present in shoreline habitats through at least October. When juveniles first enter estuarine areas, their optimal habitat is low gradient, shallow water, fine-grained substrates (silts and mud), low salinity, and low wave energy. As they grow, they use a greater diversity of Puget Sound habitats including deeper, more offshore habitats, and eventually, most fish leave for North Pacific Ocean feeding grounds (Fresh 2006). Bull trout use mouths of estuaries and nearshore areas primarily from March to July. Some fish re- enter marine areas briefly in the fall to return to foraging areas. In summer, fish may leave estuary/marine areas due to high temperatures (Goetz et al. 2003). Bull trout habitat use in the action area would be during periods of adult foraging and migration (P. Verhey, personal communication). Bull trout display wide-ranging foraging habits and are known to consume juvenile salmon (including Chinook) that inhabit shallow nearshore areas (Edmonds 2007). 12 G. Is the project located within designated/proposed bull trout or Pacific salmon critical habitat? If so, please address the proposed projects' potential direct and indirect effect to primary constituent elements. Designated critical habitat for Chinook salmon and for bull trout is present with the action area. Chinook Salmon Critical Habitat Chinook salmon critical habitat includes only the marine nearshore, from extreme high tide to a depth of 30 meters. Chinook salmon PCE 5 is present in the action area. PCE 5. Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels. Existing Conditions. Most of the existing (terrestrial) shoreline within the action area lacks natural elements and complexity because it is lined with seawalls and fill, so only a small area of backshore vegetation remains. The upper intertidal shoreline is entirely armored with rock, wood, and concrete, except for a 250-foot section of natural beach and restored native vegetation at Brackett's Landing South, approximately 250 feet north of the bulkhead to be removed. Vegetation in the marine riparian zone (the narrow shoreline adjacent to the Sound) has been highly modified by development and disturbance, including fill associated with the BNSF railroad bed, the ferry terminal, and bulkheads and seawalls for shoreline protection. The nearshore and beach areas in the action area are subject to human disturbance caused by, for example, pedestrians and boats. Effects to PCE. The proposed overwater walkway piers will place a small amount of fill in the nearshore environment; however, the impacts will be more than offset by bulkhead removal and shoreline restoration, as detailed in Section 5, Description of Work. Work conducted below the MHHW will cause minor amounts of turbidity. Short-term effects on water quality will be minimized by use of BMPs, and will be of limited scope and duration. Effects on forage fish will be minimized by avoiding disturbance of forage fish spawning areas, as described in Section 11, Conservation Measures. Bull Trout Critical Habitat Bull trout critical habitat includes the marine nearshore, from MHHW to -10 meter MLLW, and any tidally influenced freshwater heads of estuaries. Bull trout PCEs 2, 3, 4, and 8 are present in the action area. PCE 2. Migratory habitats with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and freshwater and marine foraging habitats, including, but not limited to permanent, partial, intermittent, or seasonal barriers. Existing Conditions. Bull trout use nearshore areas, such as the action area, for adapting from freshwater to saltwater, and for foraging, growth, migration, and overwintering (USFWS 2004). Within the action area, water quality is impaired due to exceedances of criteria for bacteria in water samples taken at Brackett's Landing and exceedances of toxic contaminants, including Benzo(a)anthracene, Benzo(a)pyrene, Benzo(b)fluoranthene, Benzo(k)fluoranthene, Chrysene, and Polychlorinated Biphenyls (PCBs), in tissue samples (Ecology 2017). The creosote -treated 13 piles in the intertidal zone and associated with the bulkhead are sources of water pollution. The existing water quality impairments are not expected to act as a barrier to migration in the action area. There are no other barriers to migration that would impede migration in the action area. Effects to PCE. The overwater walkway is not expected to be a barrier to migration. The overwater walkway surface and curbs will be grated to allow light to penetrate through the structure, limiting shading. If a barge is used for construction, it would temporarily shade the area directly beneath the barge. Shading could impact juvenile salmon migration behavior in the action area; however, impacts would be minimized by adhering to the USAGE -approved work window, when migrating juveniles are least likely to be present. Turbidity during construction could temporarily degrade water quality, but effects will be of short duration and will be minimized by adhering to BMPs and conservation measures, and, therefore, will not affect this PCE. Bulkhead removal will remove a structure from the water, thereby improving habitat. Removing the creosote -treated pilings will eliminate a source of pollution and provide the opportunity for localized water quality improvement. Therefore, the project would not negatively affect this PCE. PCE 3. An abundant food base, including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage fish. Existing Conditions. The beach north of the ferry terminal is mapped by WDFW as providing spawning habitat for surf smelt (WDFW 2017a). The beach south of the ferry terminal, within and adjacent to the project area, is not mapped as forage fish spawning habitat (WDFW 2017a); however, the action area provides suitable forage fish spawning habitat. Effects to PCE. The bulkhead removal will improve nearshore habitat for migrating and foraging bull trout by restoring the shoreline with native substrate and vegetation. Nearshore restoration will improve forage fish spawning habitat and may improve the food base. Detrimental effects on forage fish will be minimized by avoiding disturbance of potential forage fish spawning habitat, as described in Section 11, Conservation Measures. If a barge is used for construction, it would not be grounded on eelgrass beds or in forage fish spawning areas, as confirmed by eelgrass mapping and forage fish spawning surveys prior to construction. PCE 4. Complex river, stream, lake, reservoir, and marine shoreline aquatic environments and processes with features such as large wood, side channels, pools, undercut banks and substrates, to provide a variety of depths, gradients, velocities, and structure. Existing Conditions. Most of the existing shoreline within the action area lacks natural elements and complexity because it is developed with seawalls. The upper intertidal shoreline is entirely armored with rock, wood, and concrete, except for a 250-foot section of natural beach and restored native vegetation at Brackett's Landing South, approximately 250 feet north of the bulkhead to be removed. Vegetation in the marine riparian zone (the narrow shoreline adjacent to the Sound) has been highly modified by development and disturbance, including fill associated with the BNSF railroad bed, the ferry terminal, and bulkheads and seawalls for shoreline protection. Effects to PCE. The bulkhead removal will improve nearshore habitat for migrating and foraging bull trout by restoring the shoreline with native substrate and vegetation. The proposed project will, therefore, have a beneficial effect on this PCE. 14 PCE 8. Sufficient water quality and quantity such that normal reproduction, growth, and survival are not inhibited. Existing Conditions. There are multiple water quality concerns in Puget Sound, as noted above. Within the action area, water quality is impaired due to exceedances of criteria for bacteria in water samples taken at Brackett's Landing and exceedances of toxic contaminants, including Benzo(a)anthracene, Benzo(a)pyrene, Benzo(k)fluoranthene, Benzo(k)fluoranthene, Chrysene, and Polychlorinated Biphenyls (PCBs), in tissue samples (Ecology 2017). The creosote -treated piles in the intertidal zone and associated with the bulkhead are sources of water pollution. Effects to PCE. Removing the creosote -treated pilings will eliminate a source of pollution and provide the opportunity for localized water quality improvement. Water quality will be temporarily degraded due to turbidity from substrate disturbance associated with fill removal and bulkhead setback, and from the first tidal inundation after sediment disturbance from work done in the dry. Increased suspended sediments will be localized and of short duration; therefore, no measurable effects on this PCE are expected. H. Describe use of the action area by other listed fish species Green sturgeon, eulachon, and yelloweye and bocaccio rockfish have all been documented in Puget Sound. Green sturgeon are rare in Puget Sound; they have only been observed in estuaries, thus they are very unlikely to use the action area. Eulachon are infrequent in Puget Sound; they would use the nearshore environment in the action area for incidental migration. Free-floating larval bocaccio and yelloweye rockfish would use the action area for foraging; they have been observed under free- floating algae, seagrass, and detached kelp (79 FR 68043). Juvenile bocaccio and yelloweye rockfish are most commonly found on rocky reefs, kelp canopies, and artificial structures, such as piers and oil platforms; adults generally move into deeper water as they increase in size and age (NOAA 2017). I. Is the project located within designated/proposed critical habitat for any of the species listed below? Southern resident killer whale Marbled murrelet Northern spotted owl Western snowy plover Green sturgeon Eulachon There is no designated critical habitat for northern spotted owl, green sturgeon, marbled murrelet, western snowy plover, or eulachon within the action area; and they are not discussed further in this BE. Critical habitat for SRKW is mapped offshore along the Edmonds waterfront. The waterfront is within Area 2, which includes Puget Sound south from the Deception Pass Bridge, entrance to Admiralty Inlet, and Hood Canal Bridge (71 CFR 69063). The critical habitat designation includes waters deeper than 20 feet based on extreme high water. The aquatic action area includes waters that are shallower than 20 feet based on extreme high water. Therefore, the aquatic extent of the action area does not extend to SRKW critical habitat; and it is not discussed further in this BE. Critical habitat for yelloweye rockfish and bocaccio is present in the action area. The physical and biological features essential to the conservation of adult bocaccio and adult and juvenile yelloweye rockfish are: 1) quantity, quality, and availability of prey species to support individual growth, 15 survival, reproduction, and feeding opportunities; 2) water quality and sufficient levels of dissolved oxygen to support growth, survival, reproduction, and feeding opportunities; and 3) the type and amount of structure and rugosity that supports feeding opportunities and predator avoidance (79 FR 68054). For juvenile bocaccio, those features include: 1) quantity, quality, and availability of prey species to support individual growth, survival, reproduction, and feeding opportunities; and 2) water quality and sufficient levels of dissolved oxygen to support growth, survival, reproduction, and feeding opportunities (79 FR 68054). J. Describe use of action area by marbled murrelets. In the Puget Sound region, marbled murrelets are typically found in fall and winter, and many are winter residents only. They are associated with the nearshore marine environment fewer than 3 miles from shore. They are most commonly seen in the San Juan Islands and the Strait of Juan de Fuca (Striplin and Battelle 2001). The nearest critical habitat is in the Snoqualmie National Forest, approximately 30 miles east of the action area (USFWS 2017b). Marbled murrelets are observed intermittently in inland Puget Sound waters. Winter and summer surveys conducted by WDFW in 2000 from Mukilteo (7 miles north of Edmonds) to Golden Gardens Park (8 miles south of Edmonds), found no murrelets in winter and only one to four birds during the summer (Striplin and Battelle 2001). During surveys between Edmonds and Golden Gardens Park, marbled murrelets were only seen in 8 out of 17 years between 1983 and 2000; between 1 and 17 birds were observed each year they were present (Striplin and Battelle 2001). K. Describe use of action area by the spotted owl. The action area is not used by spotted owls. L. Describe use of action area by Southern Resident killer whales. SRKW are observed intermittently in Puget Sound, with the fewest sightings from May through July. During early autumn, southern resident pods, especially J pod, routinely expand their movements into Puget Sound, likely to take advantage of chum and Chinook salmon runs (71 CFR 69063). Extremely shallow waters of Puget Sound (less than 20 feet deep) are not considered to be within the geographical area occupied by the species (NMFS 2006); therefore, SRKW would not be found in the action area. M. How far is the nearest Steller sea lion haulout site from the action area? Describe their use of the action area. The eastern DPS of the Steller sea lion was delisted in 2013 (78 FR 66139); therefore, they are not discussed in this BE. N. Forage Fish Habitat Check box if Washington Department of Fish and Wildlife (WDFW) documented habitat is present. Surf Smelt: ❑ Pacific Herring: ❑ Sand Lance: ❑ Check box if the proposed action will occur in potentially suitable forage fish spawning habitat: Surf Smelt: ® Pacific Herring: ❑ Sand Lance: llC Laminaria spp. and Nereocystis spp. are present in sand substrate from the -5-foot contour to the -60-foot MLLW contour, and eelgrass beds are present at depths of about -2 feet to -20 feet MLLW in sand substrate (CH2M Hill 2004), none of which are within the aquatic action area. Green algae and red algae are present from the marina to the ferry pier and from the ferry pier north through the underwater park and beyond (CH2M Hill 2004). They are within the aquatic action area but are not attached to the substrate. 10. Effects Analysis Direct Impacts: The overwater walkway element of the project includes installation of seven steel piles, two of which will be below MHHW. Pile driving is expected to produce an estimated peak sound pressure of 110 dBA at 50 feet. Although ground vibrations will occur adjacent to shallow water, it is unlikely that they will generate underwater noise significant enough to affect listed species. Using attenuation rates for hard sites (i.e., pavement or water), it is estimated that in -air project noise will attenuate to ambient noise at 0.38 mile (1,991 feet). Pile driving could affect marbled murrelet foraging; however, proofing of piles is typically of short duration (less than 30 minutes) and is intermittent with long breaks between installation of each pile, reducing the likelihood that murrelets would be exposed to impact pile -driving noise. If piles are installed by impact hammer, the distance within which pile - driving noise could mask murrelet communication is about 140 feet (WSDOT 2017). Murrelets are unlikely to be that close to project activities due to the level of disturbance during construction. Water quality will be temporarily degraded due to turbidity from substrate disturbance associated with fill removal and bulkhead setback and from the first tidal inundation after sediment disturbance from work done in the dry. Increased suspended sediments will be localized and of short duration. Turbidity effects on listed fish species depend on the amount and timing of exposure. The response of fish to elevated suspended solids concentrations is highly variable and dependent upon life -history stage, species, background suspended solids concentrations, and ambient water quality. Responses range from avoidance (the most common response) to reduced feeding rates, reduced growth rates, elevated blood sugars, gill flaring, and coughing (Berg and Northcote 1985; Servizi and Martens 1991; Spence and Hughes 1996).Bulkhead removal will eliminate approximately 36 creosote -treated timber piles from marine waters (Table 2). Removing the creosote -treated timber piles will eliminate a source of pollution and provide the opportunity for localized water quality improvement. All stormwater generated on pollution -generating surfaces of the project site will be treated and infiltrated in a bioretention cell, thus eliminating untreated stormwater discharge to Puget Sound and providing further opportunity for localized water quality improvement. As stated above, use of a construction barge would create shading, which has been demonstrated to affect salmon migration behavior. Impacts would be minimized by adhering to the USACE-approved work window, when migrating juveniles are least likely to be present. The barge would not be anchored over eelgrass or other macroalgae beds and, therefore, would not affect primary productivity. Indirect Impacts: Indirect effects are those caused by, or resulting from, the proposed action and are later in time but still reasonably certain to occur (50 CFR §402.02). Indirect effects could be caused by changes to ecological systems resulting in altered habitat or predator/prey relationships or anticipated changes in human activities, including changes in land use. There are no changes in land use expected from the project. 17 Removal of creosote -treated timber piles, bulkhead fill, concrete foundations, and beach restoration with nourishment (sand and gravel), revegetation, and habitat structures will benefit habitat and prey availability for salmon by improving riparian condition and forage fish spawning habitat. 11. Conservation measures Proposed work window: The USACE-designated approved work windows for Tidal Reference Area 6 (Edmonds) are: • Salmon: July 2 through March 2 • Bull trout: July 16 through February 15 • Pacific Sand Lance: March 2 through October 14. Combining these work windows, the project could be constructed July 16 through October 14 (USACE 2012). USACE does not provide a work window for surf smelt in Tidal Reference Area 6. Other conservation measures: All pile driving and removal, and other work below MHHW, will be conducted during low tide to avoid in -water work and associated noise and turbidity. All pile removal will be conducted in accordance with WDNR BMPs and guidelines for removing creosote piling removal and disposal (WDNR 2017). During construction of the project, the contractor will minimize erosion and reduce and control surface and runoff water impacts through the development and implementation of a TESC plan and execution of BMPs and conservation measures, which may include: • Implementation of a SWPPP. • Installing TESC measures prior to clearing, grubbing, excavation, and grading activities. • Limiting clearing and ground -disturbing activities to the minimum area needed to construct the project. • Use of track -mounted equipment to reduce substrate compaction. • Where necessary, installing erosion and sediment control measures (e.g., stabilized construction entrance, silt fences, wattles, plastic covering, and drain inlet protection) to prevent release and discharge of sediments from construction areas. • Installing high -visibility fencing to delineate clearing and construction limits. • Use of silt curtains and debris booms to prevent discharge of materials to Puget Sound. • Disposing of any waste material, debris, or spoils at an approved and permitted upland commercial site or approved waste site. • Implementing containment measures at staging and material stockpile areas to prevent runoff. • After construction, removing all TESC measures, and revegetating all disturbed ground surfaces with native plants and mulch to prevent erosion and sedimentation. • Installing storm drain inlet protection to prevent sediment discharges. 18 • Stabilizing temporary stormwater facilities with rocks or quarry spalls to prevent scour and erosion. • Employing temporary (e.g., weed -free mulch and plastic sheeting) and permanent (mulch) cover measures to protect disturbed areas. • Frequent sweeping of silt from roadway surfaces to prevent sediment runoff. • Frequent inspection of flow and erosion control TESC facilities and maintenance of facilities for continued proper functioning. • If a barge is used for construction or staging, the barge would not be grounded on eelgrass beds or forage fish spawning areas, and would not shade eelgrass beds. A forage fish spawn survey will be conducted along two 100-foot transects where project impacts are proposed: the bulkhead and overwater walkway. The surveys will be conducted 2 days prior to construction to determine the presence/absence of forage fish spawn within and adjacent to the project area. The transects will address those impacted areas separately, such that if one element of the project is abandoned or delayed, only one transect may be necessary. Construction waterward of the MHHW must begin within 48 hours of presence/absence notification to WDFW and must be completed within 7 days. If the work cannot be completed within 7 days, a subsequent survey must be performed to confirm lack of spawn within and adjacent to the work area. If forage fish spawn is determined to be present adjacent to the work area, a 20-foot buffer will be flagged around the location; and construction may continue outside that buffer. If spawn is located within the project work area, construction must be delayed for a minimum of 1 week and subsequent surveys must be conducted weekly until spawn are determined to be absent. 12. Determination of Effect Puget Sound Chinook Salmon and Chinook Critical Habitat The project may affect Puget Sound Chinook because: • Chinook salmon could be present in the action area. • Chinook salmon and their prey could be exposed to effects from elevated turbidity if present in the action area during project activities. • The project involves permanent impacts on the nearshore environment from placement of overwater walkway pilings. The project is not likely to adversely affect Puget Sound Chinook for the following reasons: • The proposed work window (July 16 through October 14) avoids periods when Chinook are likely to be in the action area. • Elevated turbidity will be of short duration and limited extent. • No significant underwater noise would be generated by the project, as all pile driving would be terrestrial. • Bulkhead and fill removal combined with habitat restoration will offset placement of overwater walkway pilings. The project may affect Chinook critical habitat because it will create short-term modifications to water quality through slight increases in suspended sediments and placement of piles below MHHW. 19 The project is not likely to adversely affect Chinook critical habitat because: • Suspended sediments will be of short duration and limited extent and will not occur at levels that will have any effect on habitat function. • The project will increase the function of critical habitat by reducing the amount of armoring, increasing the amount of intertidal habitat, and enhancing riparian vegetation. • Removal of creosote -treated piles is expected to provide the opportunity for localized water quality improvement. • The project is expected to have no adverse effects on forage fish spawning or submerged aquatic vegetation with implementation of the proposed conservation measures. Bull Trout and Bull Trout Critical Habitat The proposed project may affect, but is not likely to adversely affect, bull trout and bull trout critical habitat for the same reasons as listed for Chinook salmon. Steelhead The proposed project may affect, but is not likely to adversely affect, steelhead for the same reasons as listed for Chinook salmon. Bocaccio and Yelloweye Rockfish and Critical Habitat The proposed project may affect, but is not likely to adversely affect, Bocaccio and yelloweye rockfish and their critical habitat for the same reasons as listed for Chinook salmon. Eulachon The proposed project may affect, but is not likely to adversely affect, eulachon for the same reasons as listed for Chinook salmon. Marbled Murrelet The project may affect marbled murrelet because they could be foraging in the action area during project activities. The project is not likely to adversely affect marbled murrelet for the following reasons: • Murrelets are rare in the action area, surveys by WDFW during the in -water work window documented presence of only 1 to 17 birds in only 8 out of 17 years. • Proofing of piles is typically of short duration (fewer than 30 minutes) and is intermittent with long breaks between installation of each pile, further reducing the likelihood that murrelets would be exposed to impact pile -driving noise • If piles are installed by impact hammer, the distance within which pile -driving noise could mask murrelet communication is about 140 feet (WSDOT 2017). Murrelets are unlikely to be that close to project activities due to the level of disturbance during construction. 20 13. EFH Analysis Essential Fish Habitat (EFH) is broadly defined by the Act (now called the Magnuson -Stevens Act or the Sustainable Fisheries Act) to include "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. " This language is interpreted or described in the 1997Interim Final Rule [62 Fed. Reg. 66551, Section 600.10 Definitions] -- Waters include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include historic areas if appropriate; substrate includes sediment, hard bottom, structures underlying the waters, and associated biological communities; necessary means the habitat required to support a sustainable fishery and the managed species' contribution to a healthy ecosystem; and "spawning, breeding, feeding, or growth to maturity" covers a species' full life cycle. Additional guidance for EFH analyses can be found at the NOAA Fisheries web site under the Sustainable Fisheries Division. A. Description of the Proposed Action The proposed action is described in Section 5 of the BE. B. Addresses EFH for Appropriate Fisheries Management Plans (FMP) The Pacific Fishery Management Council (PFMC) has designated Essential Fish Habitat (EFH) for the Pacific salmon fishery, federally managed ground fishes, and coastal pelagic fisheries. The EFH designation for the Pacific salmon fishery includes all those streams, lakes, ponds, wetlands, and other water bodies currently or historically accessible to salmon in Washington, Oregon, Idaho, and California, except above the impassible barriers identified by PFMC (2014). In estuarine and marine areas, proposed designated EFH for salmon extends from near -shore and tidal submerged environments within state territorial waters out to the full extent of the exclusive economic zone offshore of Washington, Oregon, and California north of Point Conception (PFMC 2014). The Pacific salmon management unit includes Chinook (Oncorhynchus tshawytscha), coho (Oncorhynchus kisutch), and pink salmon (Oncorhynchus gorbuscha). All three of these species use Puget Sound for adult migration, juvenile out -migration, and rearing where suitable habitat is present. The EFH designation for ground and coastal pelagic fishes is defined as those waters and substrate necessary to ensure the production needed to support a long-term sustainable fishery. The marine extent of ground fish and coastal pelagic EFH includes those waters from the near -shore and tidal submerged environment within Washington, Oregon, and California state territorial waters out to the exclusive economic zone (370.4 km [231.5 miles]) offshore between Canada and the Mexican border. The west coast ground fish management unit includes 83 species that typically live on or near the bottom of the ocean. Species groups include skates and sharks, rockfishes (55 species), flatfishes (12 species) and ground fishes. Ground fishes such as lingcod (Ophiodon elongates), Cabezon (Scorpaenichthys marmoratus), and brown rockfish (Sebastes auriculatus) potentially occur in Puget Sound (NOAA Fisheries 1998). Coastal pelagic are schooling fishes, not associated with the ocean bottom, that migrate in coastal waters. West coast pelagic fish include the pacific sardine (Sardinops sagax), Pacific chub (Scomber japonicus), northern anchovy (Engraulis mordax), jack mackerel (Trachurus symmetricus), and market squid (Loligo opalescens). These fishes are primarily associated with the open ocean and coastal areas (PFMC 1998) and are not likely to occur in the action area. 21 C. Effects of the Proposed Action i. Effects on EFH Groundfish Essential fish habitat for ground fishes is present in the project action area. The project will result in a minor, temporary effect on water quality. No permanent adverse effects on EFH for ground fishes or their prey species will result from the project actions. Therefore, the project will not adversely affect EFH for ground fishes. Coastal Pelagic Species Coastal pelagic species are not likely to occur in the action area; therefore, the project will not adversely affect EFH for coastal pelagic fishes. Pacific .Salmon Essential fish habitat for Pacific salmon is present in the project action area. The project will result in a minor, temporary effect on water quality. No permanent adverse effects on EFH for ground fishes or their prey species will result from the project actions. Therefore, the project will not adversely affect EFH for Pacific salmon. ii. Effects on Managed Species The project will not adversely affect managed species because impacts will be minimized through project design and implementation of BMPs to minimize sedimentation and turbidity. Moreover, it is unlikely that managed species will be present in the action area during project construction. iii. Effects on Associated Species, Including Prey Species Chinook and coho salmon prey on surf smelt and sand lance. There is no documented spawning for surf smelt or sand lance in the action area. Preconstruction surveys will occur, and no construction will occur in spawning areas, as described above in Section 11 of the BE. Chinook and coho salmon prey, in part, on benthic macroinvertebrates. The project will not involve any in -water work; however, the project could cause minor temporary effects on benthic macroinvertebrates. Impacts will be minimized through project design and implementation of BMPs to minimize sedimentation. D. Proposed Conservation Measures The habitat requirements for the Magnuson -Stevens Act -managed species within the action area (i.e., EFH) are similar or identical to those of the ESA -listed salmonid species. Conservation measures are listed in Sections 5 and 11 of the BE. E. Conclusions by EFH The proposed project will not adversely affect EFH for groundfish, coastal pelagic species, or Pacific Salmon. 22 14. References Berg, L., and T.G. Northcote. 1985. Changes in territorial, gill -flaring, and feeding behavior in juvenile coho salmon (Oncorhynchus kisutch) following short-term pulses of suspended sediment. Canadian Journal of Fisheries and Aquatic Sciences 42.8 (1985): 1410-1417. CH2M Hill. 2004. SR 104 Edmonds Crossing Final Environmental Impact Statement and Final Section 4(f) Evaluation. Prepared for US Department of Transportation, Federal Transit Administration, and Washington State Department of Transportation. Prepared by CH2MHILL, Seattle, Washington. Ecology. 2017. Washington State Water Quality Assessment 303(d)/305(b) List. Accessed May 12, 2017. <https://fortress.wa. ovg/ecy/approvedwga/ApprovedSearch.aspx?LISTING_ID=42487>. Edmonds, City of 2007. Shoreline Master Program Update Shoreline Inventory & Characterization. SMA Grant Agreement No. 60600108. Prepared for City of Edmonds. Prepared by Sea -Run Consulting, TetraTech, Inc., Reid Middleton, Inc., and Pentec. Encyclopedia of Puget Sound. 2017. Puget Sound Institute, University of Washington. Accessed May 12, 2017. <https://www.eopugetsound.org/science-review/section-1-introduction-1>. Finlayson, D.P. 2006. The geomorphology of Puget Sound beaches. PhD Thesis. University of Washington, Seattle. Fresh, K.L. 2006. Juvenile Pacific Salmon in Puget Sound. Puget Sound Nearshore Partnership Report No. 2006-06. Published by Seattle District, US Army Corps of Engineers, Seattle, Washington. Goetz, F., E. Jeanes, G. Hart, C Ebel, J. Starkes, and E. Conner. Behavior of Anadromous Bull Trout in the Puget Sound and Pacific coast of Washington. Presented at Estuarine Research Federation Conference. September, 2003, Seattle, Washington. Herrera. 2017. Critical Areas Report and Mitigation Plan. Prepared for the City of Edmonds Parks, Recreation, and Community Services Department by Herrera Environmental Consultants, Inc. August. Landau. 2017. Draft Geotechnical Engineering Report Proposed Edmonds Waterfront Development and Restoration and Ebb Tide Condominiums Walkway Projects Edmonds, Washington. Prepared for Barker Landscape Architects. Prepared by Landau Associates, Edmonds, Washington. Newcombe, C.P., and J.O.T. Jensen. 1996. Channel suspended sediment and fisheries: a synthesis for quantitative assessment of risk and impact. North American Journal of Fisheries Management 16.4 (1996): 693-727. NOAA. 2017. Threatened Yelloweye and Endangered Bocaccio in Puget Sound/Georgia Basin. National Oceanic and Atmospheric Administration. NOAA Fisheries Westcoast Region. Accessed July 20, 2017. <http://www.westcoast.fisheries.noaa.goy/protected species/rockfish/rockfish in Puget sound.html>. NMFS. 2006. Designation of Critical Habitat for Southern Resident Killer Whales Biological Report. National Marine Fisheries Service Northwest Region. 23 NMFS. 2017. Status of ESA listings and critical habitat designations for West Coast salmon and steelhead. Accessed online May 12, 2017. <http://www.westcoast.fisheries.noaa.goy//publications/ ig s maps/maps/salmon_ steelhead/critical_habitat/ wcr salmonid_ch_esajuly2016.pdf>. PFMC. 1998. Final Environmental Assessment/Regulatory Review for Amendment 11 to the Pacific Coast Groundfish Fishery Management Plan. Pacific Fishery Management Council. PFMC. 2014. Amendment 18 to the Pacific Coast Salmon Plan. Appendix A: Identification and Description of Essential Fish Habitat, Adverse Impacts, and Recommended Conservation Measures for Salmon. Pacific Fishery Management Council. Servizi, J.A., and D.W. Martens. 1991. Effect of temperature, season, and fish size on acute lethality of suspended sediments to coho salmon (Oncorhynchus kisutch). Canadian Journal of Fisheries and Aquatic Sciences 48.3 (1991): 493-497. Spence, B.C., and R.M. Hughes. 1996. An ecosystem approach to salmonid conservation. ManTech Environmental Research Services, Corporation. Striplin and Battelle. 2001. King County Marine Habitat Report. Prepared for King County Division of Natural Resources and Parks, Wastewater Treatment Division, Seattle, Washington. Prepared by Stiplin Environmental Associates, Seattle, Washington and Battelle Marine Science Laboratory, Sequim, Washington. USACE. 2012. Approved work windows for fish protection for all marine/estuarine areas excluding the mouth of the Columbia River (Baker Bay) by tidal reference area. August 14. Accessed June 9, 2017. <http://www.nws.usace.gr y.mil/Portals/27/docs/re ug latoD /ESA%20forms%20and%20templates/Marin e%20Fish%20Work%20 Windows%20(8-14-12).pdf>. USFWS. 2004. Draft Recovery Plan for the Coastal -Puget Sound Distinct Population Segment of Bull Trout (Salvelinus confluentus). Volumes I (Puget Sound Management Unit, 389 + xvii pp.) and II (Olympic Peninsula Management Unit, 277 + xvi pp.). US Fish and Wildlife Service., Portland, Oregon. USFWS. 2017a. List of threatened and endangered species that may occur in the proposed project location, and/or may be affected by the proposed project. US Fish and Wildlife Service. Washington Fish and Wildlife Office. Lacey, Washington. USFWS. 2017b. Critical Habitat Mapper. US Fish and Wildlife Service. Accessed May 12, 2017. <https://fws.maps.arcgis.com/home/webmap/viewer.html?useExisting l>. WDFW. 2017a. Priority habitats and species report. Washington Department of Fish and Wildlife. Accessed May 12 2017.<http://apps.wdfw.wa.goe/phsontheweb/>. WDFW. 2017b. SalmonScape interactive map. Washington Department of Fish and Wildlifc. Acccsscd May 12, 2017. <http://apps.wdfw.wa.gov/salmonscgpe/map.html>. WDNR. 2017. Washington Department of Natural Resources Derelict Creosote Piling Removal Best Management Practices for Pile Removal & Disposal. Accessed online June 26, 2017. <http://file.dnr.wa.goy//publications/aqr rest pileremoval_bmp 2017.pdf>. WSDOT. 2017. Biological Assessment Guidance. WSDOT BA Preparation Manual. Washington State Department of Transportation. Accessed June 9, 2017. <http://www.wsdot. wa. gov/Environment/Biology/BA/BAguidance.htm>. 24 15. Appendices As needed include mitigation, revegetation plans, monitoring plans, results ofstudies, water quality information, etc. 25 Stairs Match Existing Elevation Edmonds Marine Walkway 1, • /, ` \ • ti� �� \\O� `��:�?`\ Sirs\�i:\'iL'�\�� .. 1�� �� • .,��-�_ • ■. • � �e „ u _. � ��.�rrrca•�as :� e � �v-.s�Yii� � �,��� ` . \ ��r ���.��t�.� JI a _ r •Setback - ,i\\—Replace Existing CB Ebb Tide Edmonds � ,4 Condominiums Waterfrontq, Center fffm Underwater Sports 42" Fence/Guardrail 51 0 1 <; r% � y9T sz 9p =° Crb all w/ pence, Max. Ht. 6' 200 ft / Shoreline 25' Setback TO�� Entry ® .-i ke ftw \S9 7 i 2,9' �-6" Bollards, Typ. BNSF R.O.W. Match Existing 11 Existing Utility Pole/ ASPHALT Street Light, To Remain RAILROAD AVENUE 2.0' TOC retention Bioretention Planter Planter 1 Overflow, Typ. Existing Utility Pole/ Street Light, To Remain I IIIIIIIIII •� y e Main �P ra Ent ry Trei a1Liu l - r7�1/lS _ - M Ex. Bus Shelter— Bioretention Planter 2— ASPHALT Direction Curb Remo. Per RAILROAD AVENUE ting, Typ match 9 � 8: r� ty Street fight, V �ma' 771 to CB LEGEND ^` Landscape Plantings Bioretention Planter Lawn Beach Restoration ® Asphalt Concrete Tree (Max. Ht. 25') — —1 o- — Existing Topography •13.0' Proposed Grading ---MHHw— MHHW (El. 8.6) ---- OHW ---- OHW 0 Boulder Large Woody Debris ---- Property Line --- — Right of Way ----- Limit of Work — — — Easement PARKING - Total Existing Stalls: 77 Proposed Stalls: 71 Standard Stalls: 27 Compact Stalls: 35 (49%) ADA Std. Stalls: 2 ADA Van Stalls: 1 Van Stalls: 4 NOTE: 1. The entire project is within the Flood Plain Boundary 0 10 20 40 1111106�— Scale: 1" = 20'-0" (22" x 34" sheet) 0 a - U CASPERS ST 44, yJ 'BOSS DALEY ST Z > 524) w ST MAIN ST W DAYTON ST U) DAYTON ST ,'N MAPLE ST w Q, a-• . '' - "ems' > w q a ALDER STLO > C -- O I a WALNUT ST y ` _ U) -or. Z'-HOLLY DR AHOELU WAY HOMELAND DR _ 104 s ' ;HEMLOCK WAY . LN Legend j3 Project Area Aquatic Action Area Terrestrial Action Area Street Ferry Figure 3. Action Areas for the Edmonds Waterfront Center Project, Edmonds, Washington. NN 0 350 700 1,400 /,\ Feet (6jJ HERRERA K:'.Protons\V2017\17-06494-OOOP.I.c lRoport\BE\.ct,on_.....d (8=17)