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ESA No effect 04122010.pdfInc. 1500 April 12, 2010 121 5TH AVENUE NORTH . EDMONDS, WA 98020 ® 425-771-0220 a FAX 425-771-0221 Website: www.d.edmonds.wa.us PUBLIC WORKS DEPARTMENT Engineering Division Erin Legge, Project Manager Seattle District U.S. Arany Corps of Engineers Regulatory Branch CENWS-OD-RG ATTN: Erin Legge P.O. Box 3755 Seattle, Washington 98124-3755 GARY HAAKENSON MAYOR Subject: Endangered Species Act determination of no effect for the Talbot Road / Perrinville Creek Drainage Improvement Project Dear Erin Legge, This no effect letter was prepared for the Talbot Road / Perrinville Creek Drainage Improvement Project in accordance with Section 7(c) of the federal Endangered Species Act (ESA) of 1973. The City of Edmonds Public Works Department (the City) proposes to undertake a drainage improvement and habitat restoration project in the vicinity of Talbot Road in Edmonds, WA. The project is located in Section 7, Township 27 North, Range 4E at 8307 and 8311 Talbot Road, Edmonds, WA, 98020. Because Perrinville Creek is a water of the United States, the proposed project will require a permit from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. This requirement constitutes the federal nexus requiring consultation under ESA. This letter provides sufficient information to determine if protected species are present within the project action area, and whether these species or their habitats would be affected by the proposed project. For assistance in complying with Section 7 of the ESA, the City retained Herrera Environmental Consultants, Inc. (Herrera) to assess the effect of the proposed project on proposed, threatened, and endangered species and their habitat. This no effect letter was prepared by Herrera and the City in response to listings of threatened and endangered species. This no effect letter also satisfies the essential fish habitat (EFH) provisions of the Magnuson - Stevens Fisheries Conservation and Management Act, Section 305(b)(2), as amended by Public Law 104-267. April 12, 2010 Incorporated August 11, 1890 Sister City - Hekinan, Japan The Talbot Road — Perrinville Creek Drainage Improvement Project is located near the Puget Sound shoreline near the confluence of Perrinville Creek and the local storm drain that drains Talbot road and an unnamed stream that drains from Southwest County Park (Figure 1). The project will address three issues: (1) sedimentation and aggradation of the lower portion of Perrinville Creek (the reach beginning immediately downstream of Talbot Road and extending to its mouth at Puget Sound) is causing flooding of neighboring properties; (2) inadequate fish passage through this lower reach, and (3) flooding caused by an undersized storm drain that conveys local stormwater and the unnamed stream. The project will remove sediment that has accumulated in the lower portion of Perrinville Creek, improve fish passage, replace the existing storm drain with a larger pipe, and provide channel improvements to improve fish habitat and to provide a longer-term solution to flooding problems in this reach. The project will occur on private property at 8307 and 8229 Talbot Road and in the Talbot Road public right of way in Edmonds, Washington. Perrinville Creek originates in the City of Lynnwood, and it flows in a northwesterly direction into the city of Edmonds and through Southwest County Park (Snohomish County Parks) before crossing Talbot Road. Perrinville Creek drains an area of 920 acres; approximately half of the watershed is in Lynnwood and half of it is in Edmonds. The upper reaches of Perrinville Creek support resident cutthroat trout and the lower reach supports anadromous fish, namely Coho salmon ()ATDFW 2009). Anadromous fish access is limited to the portion of Perrinville Creek downstream of Talbot Road because the current culvert configuration that conveys the stream under the road results in an approximate 2 to 3 -foot drop at high flows (greater at low flows) into the pool below. The City of Edmonds plans on replacing this barrier culvert with a fish -passible one within the next 5 years. Between the Talbot Road culvert and the Puget Sound there are two structures installed in 1994 to divert high flows directly into Puget Sound via a dedicated outfall pipe. These structures were permitted by the U.S. Army Corps of Engineers (permit number 93-4-00460) and the Washington Department of Fish and Wildlife. The bypass was designed to carry a maximum of 195 cubic feet per second (cfs). The existing stream channel of Perrinville Creek downstream of the high-flow bypass structure provides limited habitat for anadromous fish that utilize the stream — riparian conditions consist of landscaped vegetation and hardscapes (e.g., paved walkways, decks, concrete channel), and the stream channel lacks complexity and habitat features (e.g., in -channel wood). Perrinville Creek then flows through a concrete culvert (30 -inch diameter) under the Burlington Northern Santa Fe Railway (BNSF) tracks that run along the Puget Sound shoreline through Edmonds, and then it discharges into Brown's Bay. The 100 -year and 10 -year recurrence future -conditions peals flows of Perrinville Creek at the culvert under Talbot Road are estimated to be 225 and 112 cfs, respectively (RW Beck 1991). Future -conditions flows were estimate based on zoning maps. April 12, 2010 2 Peak flows downstream of the high-flow bypass structure are expected to be significantly lower than the flows at the culvert under Talbot Road. The umlamed stream flows into lower Perrinville Creek through an existing storm drain pipe approximately 150 feet upstream of Perrinville Creek's outfall into Puget Sound. The existing storm drain pipe also conveys stormwater flows from the local neighborhood (Figure 1). Upstream of its confluence with Perrinville Creek, the unnamed stream flows through a defined ravine within Southwest County Park. This unnamed stream exits Southwest County Park and then enters an 8 -inch diameter steel pipe behind the residence at 8302 Frederick Place. This pipe discharges to the local ditch and pipe system in Frederick Place. From this point, water is piped west along Frederick Place. The pipe then daylights to a 20 -foot long ditch that flows into a culvert under Frederick Place. The stream daylights for a short segment on the north side of Frederick Place, and then flows through a series of pipes between Fredrick Place and 8307 Talbot Road, where it discharges through a 12 -inch outfall into Perrinville Creek. The future - conditions 100 -year and 25 -year recurrence peak flows of the unnamed stream and local drainage are estimated to be 31 and 20 cfs, respectively, at the outfall to Perrinville Creek. The inadequate flow capacity of the existing conveyance pipe causes flooding of adjacent residences, especially the properties at 8307 and 8311 Talbot Road. The new storm drainage system is designed to convey the 25 -year flow. Summary This project will occur in two phases, Phase 1 and Phase 2. Phase 1, to be completed in 2010, will address the sedimentation and aggradation issue mentioned above to alleviate the short term flooding risk during the winter of 2010-2011. Phase 2, to be completed in 2011, will address the inadequate storm drain on 8307 Talbot Road issue via installation of a larger pipe. Phase 2 will also include channel improvements to improve fish passage and fish habitat. Phase 1 Phase 1 activities are targeted at restoring the design capacity and function of the existing high- flow bypass structure to reduce the fiequency of flooding, erosion, and material deposition downstream. Phase 1 activities will also include removal of a portion of the accumulated sediment from the channel immediately downstream of the existing stone drain outfall on 8307 Talbot Road (thereby restoring the outlet to free-flowing conditions and temporarily alleviating flooding problems until the City can replace the storm drain during Phase 2). Work will be performed on 8307 Talbot Road and on 8229 Talbot Road, and all work will be performed in dry conditions. Project Activities to be performed on 8229 Talbot Road Approximately 25 to 27 cubic yards of sediment will be removed from the Perrinville Creek stream channel immediately upstream of the existing April 12, 2010 high-flow bypass structure that is located on the western property boundary of 8229 Talbot Road. Sediment will be removed with a vactor truck that will access the site via an existing easement along the west side of 8229 Talbot Road. The additional storage capacity in the stream created by these activities will allow for accommodation of deposition of future sediments that would otherwise be transported downstream of the bypass structure by stonn flows during the winter of 2010-2011. ® Small gabion baskets will be installed on the right bank of Perrinville Creek immediately upstream of the high-flow bypass structure to stabilize the eroding bank. ■ To further alleviate downstream flooding, the existing weir plate immediately downstream of the high-flow bypass structure will be temporarily replaced with a 24 inch -wide proportional weir plate to increase flow into the bypass structures during high flows, relative to the current configuration. Peak flow passing through this weir is designed to range from 10 to 14 cfs during the late fall/early winter when the area can experience large storm events. The temporary installation of this weir plate is necessary to reduce the threat of flooding to the downstream properties over the next wet season until the downstream channel can be enlarged, realigned, and restored (including removal of a fish passage barrier) during Phase II scheduled for 2011. ® A streamflow diversion pipe will be constructed upstream. of the existing high-flow bypass structure to temporarily divert the stream during short periods of time when sediment is removed from the channel by a vactor truck, as well as any time when work is performed on the weir. The diversion pipe would be used in coordination with (1) an upstream block net to exclude fish from the work area, and (2) a temporary diversion dam downstream of the diversion pipe. Dewatering the channel prior to sediment removal will minimize the amount of suspended sediments that are discharged downstream. This diversion pipe would be an 18 -inch pipe. The inlet would be located approximately 15 -feet upstream of the high- flow bypass structure, just upstream of the sediment deposition area. An upturned elbow with a removable plug or cap will be affixed to the inlet. The outlet of the diversion pipe would tie into the high-flow bypass structure vault. Installation of the diversion pipe will involve placing a sand bag cofferdam upstream to divert the stream around the work area, excavating a trench approximately 15 feet long and 24- to 36 -inches wide, coring a hole in one of the high-flow bypass structures, placing the diversion pipe, grouting the connection between the pipe and the bypass structure, and backfilling the pipe. The diversion pipe would remain plugged, except when in use for temporary streamflow diversion. April 12, 2010 4 Project Activities to be performed on 8307 Talbot Road A vactor truck will be used to remove approximately 17 to 20 cubic yards of sediment from Perrinville Creek between the outfall of the existing storm drain pipe and the fence on the BNSF right-of-way. ® The streambed substrate will remain gravel in the entire reach of the channel. It is anticipated that channel excavation will expose historic streambed gravel substrate. If fine-grained soils are exposed after excavation, the channel will be over -excavated and a layer of fishmix gravel (per WSDOT spec 9-03.11(1) placed. General Measures and Best Management Practices (BMPs) During construction, the project area will be inaccessible to fish. There is potential for sediment and construction -related pollutant release to the channel due to stormwater runoff, however, temporary erosion and sedimentation control measures will be implemented to minimize sediment release downstream in Peirinville Creek. The following comprises the measures and BMPs that will be taken during this project to minimize construction -related impacts: Prior to all construction activities, a fisheries biologist will conduct a survey of the stream section within the action area to determine if fish are present. If fish are found, WDFW will be notified to determine appropriate course of action to prevent the project from impacting these individuals. Measures taken will potentially involve crowding fish upstream and installation of block nets (see below for block net placement) (WSDOT 2009). As a suspended sediment control measure, a sandbag cofferdam will be installed and submersible pumps will be used to divert flow around the area affect by construction of the diversion pipe, vactoring, and weir modifications. Cedar posts for a temporary diversion dam downstream of the diversion pipe will also be installed. This temporary diversion dam will facilitate future sediment removal (as necessary) in dry conditions, using the diversion pipe as a bypass. All construction and vactoring will occur during dry conditions. Compost filter socks will be placed at frequent intervals within the construction area, with the highest density placed just downstream of the cofferdam and the weir to intercept any sediment that may be transported downstream and onto 8235 Talbot Road. Socks will also be placed downstream of the fence on the BNSF right-of-way. Block nets will be installed directly upstream of the cofferdam location and directly downstream of the fence on the BNSF right-of-way to prevent fish from entering the work area. The upstream block net will be placed April 12, 2010 first, and fish will be crowded (as needed) downstream using the second block net as a seine. The second block net will then be secured irnrnediately downstream of the work area. Block nets shall be in place until work is complete, flow has been returned to the channel, and the water is free of project -caused turbidity. Work will occur during the approved WDFW work window of July 1 through September 30, when fish are least likely to be present. The dewatered chamlel of Perrinville Creels will have flow fully restored to preexisting conditions prior to September 31. Flow will be reintroduced into the channel slowly by incremental removal of sandbags at the cofferdam. This will prevent a large pulse of water from affecting the chamlel downstream, thereby minimizing any flushing of sediment. All areas disturbed by construction (only lawn and ornamental landscaping will be disturbed outside of the channel) will be restored to their prior condition, and any exposed sediments on the upper streambank will be seeded with a native grass seed mix. Phase 2 The proposed stormwater conveyance facility (storm drain) begins at a new catch basin to be constructed on the south side of Talbot Road approximately 60 feet southwest of the existing sewer easement at 8311 Talbot Road. A new catch basin will intersect the existing stone drain pipe and convey the umlamed stream into a new stone drain pipe. The new storm drain pipe will be approximately 400 feet long and will flow north in an existing sewer easement and across a new easement on 8307 Talbot Road. The new storm drain will discharge to Perrinville Creek through a 30 -inch pipe with a tide flex valve, or equivalent, approximately 60 feet downstream of the existing outfall location. The tide flex valve will prevent upstream migrating salmon from entering the stone drain. The City proposes to also improve habitat conditions in Perrinville Creek by enhancing a portion of the existing stream channel on 8307 Talbot Road and adjacent BNSF right-of-way with greater habitat complexity, improved fish access (by removing a fish barrier), and native vegetation plantings in the riparian zone to provide shade and other benefits to fish and wildlife within the stream corridor. This work will also increase the capacity of the channel to convey high flows and reduce the probability of flooding structures, compared to existing conditions. Once stream channel improvements and habitat enhancements described above are completed, the weir plate downstream of the diversion structure will be replaced with the permanent one. This 42 -inch -wide permanent weir plate is designed to pass a maximum of approximately 30 cfs during large storm events, with the balance being discharged directly to the Puget Sound though the existing diversion structures. The existing Perrinville Creek channel contains a partial fish barrier near the culvert inlet on the southwest side of the railroad. There is also minimal riparian vegetation characterizing the April 12, 2010 6 existing stream corridor in this reach, which consists mainly of invasive species (e.g., Himalayan blackberry), non-native grasses in the BNSF right-of-way, ornamental shrubs, and a significant amount of hardscaped streamside area on the property located at 8307 Talbot Road. These conditions will be ameliorated by the construction of a fish passable stream channel with grade control structures constructed of wood logs and rock boulders, which will result in a series of step pools. As mentioned, the project will also include extensive planting of riparian vegetation following construction. All in -channel work associated with the proposed project will occur in dry conditions by diverting all flow through the upstream high-flow bypass structure. A block net will be installed directly upstream of the high-flow bypass structure to prevent fish from entering the high-flow bypass structure. Other project Best Management Practices (BMPs) to prevent any suspended sediments from being transported downstream of the project action area and into Puget Sound are described later in the document. What follows is a detailed description of the various components of Phase 2: Drainage Improvements (Phase 2A) Construction of the new conveyance facility (storm drain) is currently scheduled for summer 2011 and will include primarily upland work. The outfall segment of the new facility will include some work below the ordinary high water mark and will be scheduled to occur during the approved WDFW work window while Perrinville Creels is diverted into the high-flow bypass structure for the channel modifications listed below. Work on the outfall segment will incorporate all the same general measures and best management practices for in channel work that is discussed in subsequent sections. Phase 2A consists of two parts: Phase 2A-1 and Phase 2A-2. Phase 2A-1 project components include: ® Installation of temporary erosion and sediment control measures (TESC) (see BMPs below) ® Clearing vegetation, debris, and hardscapes surrounding the new facility alignment to allow for construction. This will include removal of ornamental shrubs (including bamboo), portions of decking, walkway concrete, fences and adjacent wooden low wall from the property at 8307 Talbot Road ® Excavation of open trenches from the sewer easement to the outfall location ® Installation of the downstream segment(s) of storm drain pipe and catch basin(s) (i.e., outfall segment) during the approved WDFW work window while Perrinville Creek is dewatered April 12, 2010 7 ® Installation of streambed cobbles at the new storm drain outfall in order to dissipate energy and prevent erosion of the stream channel ® Site restorations including riparian plantings described below and restoration or relocation of vegetation and hardscapes at 8307 Talbot Road ® Installation of a plug on the outfall until flows are diverted to the new pipe, at which time a tide flex valve, or equivalent, will be permanently affixed to the outfall Phase 2A-2 will include construction of the new storm drain from Talbot Road down the sewer easement and connection to the facility that was installed in Phase 2A-1. Phase 2A-2 will not involve any in -water work. Phase 2A-2 project components include: ■ Installation of temporary erosion and sediment control measures ■ Diverting flow in the existing storm drain system to the Penlinville Creek high-flow bypass using pumps or other mechanical methods ■ Clearing pavement, vegetation, debris, and hardscapes surrounding the new facility alignment to allow for construction (this will include removal of pavement in Talbot Road and the existing sewer easement and adjacent fences) ® Excavation of open trenches for installation of the new storm drain pipe, catch basins, and lateral storm drains ■ Installation of the new storm drain pipe, catch basins, and lateral ® Site restoration including restoration of the sewer easement and Talbot Road and any other disturbance (site restoration may also include elevating the grade of the existing sewer easement to accommodate the new conveyance facility) ■ Plugging the abandoned portion of the existing storm drain system ® Connection to the Phase 2A-1 storm drain system ■ Installation of a tide flex valve, or equivalent, to the outfall Construction of both Phase 2A-1 and Phase 2A-2 would include open trench excavation for installation of new pipes and catch basins in accordance with a temporary erosion and sediment control plan that will be developed for the project and approved by the City. BMPs such as silt fences, compost filter socks, and other temporary erosion control measures will be used to prevent construction from affecting water quality in Perrinville Creek (see BMP section below). April 12, 2010 8 Construction of the outfall segment of the new storm drain facility (Phase 2A-1) will be performed while the creek is dewatered. Additional discussion of dewatering and erosion control BMPs is provided below. Perrinville Creek Channel Modifications (Phase 2B) Perrinville Creels channel modifications will be scheduled to coincide with Phase 2A-1, discussed above. Feasibility analyses indicate that the elevation of the lower reach of Perrinville Creek needs to be lowered slightly so that the proposed relocated storm drain can be installed with adequate slope. The Perrinville Creels channel adjacent to the property at 8307 Talbot Road has been aggrading due to high sediment load and low gradient, which has led to flooding in the near vicinity of the stream. In the mid-1990s, the high-flow bypass structure mentioned above was installed approximately 100 feet upstream of 8307 Talbot Road property boundary to alleviate flooding problems. A fish barrier was also installed' in the channel irmnediately upstream of a culvert that conveys Perrinville Creek underneath the BNSF railroad prism. The new stream channel design has been sized to convey up to 30 cfs upstream of the new stone drain pipe outfall and 55 cfs downstream of the new storm drain pipe outfall. Stream restoration will occur along a 148 -foot section of Perrinville Creek between the east side of 8307 Talbot Road and the BNSF railroad prism. The proposed stream channel cross section is a 3.5 -foot bottom width with 2.5:1 or 3:1 (H:V) side slopes on the channel bank in the vicinity of the meander bend just upstream of the culvert outfall. The stream channel slope throughout the upper portion of the project area (adjacent to the residence at 8307 Talbot Road) will be decreased with the addition of several pools and weirs. This will improve fish passage. The channel design will include the use of logs and boulders to create pools and weirs and increase channel roughness that will lead to deeper flows and lower velocities, thus minimizing charmel incision despite the overall drop in channel grade along the 8307 Talbot Road property. The use of logs will also provide additional habitat functions that are not present in the current stream, resulting in greater chamlel complexity. The existing bridge over the stream, the wooden wall along the stream, and the existing wooden deck to the northeast of the stream will be removed. The new stream chamlel design will also require alteration/removal of the existing concrete and tile walkway, the concrete, and portions of the surrounding landscaping. Summarized construction components of Perrinville Creek Channel Modifications include: Clearing vegetation, debris, and hardscapes surrounding the stream corridor to allow for channel construction. This will include removal of ornamental shrubs (including bamboo), portions of decking, walkway concrete, and adjacent wooden low wall from the property at 8307 Talbot Road. Channel construction will involve modifications to the existing fence in the BNSF right-of-way and removal of Himalayan blackberry and upland grasses in the BNSF right-of-way. The existing timbers near the 1 It appears that this fish barrier was installed as a structure to maintain channel drainage to the BNSF railroad culvert. April 12, 2010 9 culvert inlet on the southwest side of the BNSF railroad that function as a fish passage barrier will also be removed. ® Excavations and grade lowering to restore channel hydraulic capacity (channel grade will be approximately 1.0 — 1.5 feet lower than existing). ® Streambank erodability will be reduced by installation of vegetated coir matting and increasing roughness via bank stabilization structures. ® Construction of wetland terraces within the proposed broader stream corridor to compensate for any impacts to the small (164 square feet in size) wetland located in the BNSF right-of-way. ® Installation of compost filter socks, silt fences, and other temporary erosion control measures. ® Installation of channel spanning logs as grade control structures to facilitate step -pool sequence with plunge pools and riffles. Grade drops will be a maximum of 6 inches, with 1.5 -foot deep pools below the structures that transition back to base channel grade approximately 5 to 6 feet downstrearn of the structures. Installation of root wads (two or three) and rock boulders to improve habitat within the stream. The streambed substrate will remain gravel in the entire reach of the channel. It is also anticipated that channel excavation will expose historic streambed gravel substrate. If fine-grained soils are exposed after excavation, the chamlel will be over -excavated and a layer of fishmix gravel (per WSDOT 9-03.11(1) placed. Installation of streambed cobbles at the new storm drain outfall in order to dissipate energy and prevent erosion of the stream channel. Revegetation of all disturbed areas with native trees, shrubs, or herbaceous species. Installation of a permanent weir plate downstream of the existing diversion structures, after the above work is completed. General Meastires and Best Management Practices (BMPs) During construction, the project area will be inaccessible to fish. There is potential for sediment and construction -related pollutant release to the channel due to stormwater runoff; however, April 12, 2010 10 temporary erosion and sedimentation control measures will be implemented to prevent any release to Puget Sound. The following comprises the measures and BMPs that will be taken during this project to minimize construction -related impacts: As a suspended sediment control measure, a cofferdam of sandbags will be installed at the high-flow bypass structure to divert all stream water into the bypass system and prevent any flow from reaching the proposed construction area — as mentioned, all construction will occur during dry conditions. A block net will be installed directly upstream of the high-flow bypass structure to prevent fish from entering the high-flow bypass structure. Stream flow from the existing storm drain system will be diverted to the Perrinville Creek high-flow bypass structure or to a vegetated dispersion area using a temporary pump and piping. ® Compost filter socks will be placed at frequent intervals within the construction area, with the highest density placed near the culvert inlet to intercept any sediment that may be transported down the newly constructed channel via stormwater to Puget Sound. An inflatable sewer pipe plug will also be installed near the inlet of the culvert as an additional measure to prevent any construction -related suspended sediment from entering Puget Sound via run-off or tidal flushing, and also to prevent any exposure of suspended sediments or construction -related turbidity to aquatic species. ® Prior to construction, a fisheries biologist will conduct a survey of the stream section within the action area to determine if fish are present. If fish are found, WDFW will be notified to determine appropriate course of action to prevent the project from impacting these individuals. Work will occur during the approved WDFW work window of July 1 through September 30, when fish are least likely to be present. The dewatered channel of Perrinville Creek below the high-flow bypass structure will have flow fully restored to preexisting conditions prior to September 31. Flow will be reintroduced into the restored channel slowly by incremental removal of sandbags at the high-flow bypass. This will prevent a large pulse of water from affecting the newly constructed chamiel, minimizing any flushing of sediment. All stormwater generated on-site during construction activities will be collected by a temporary catchment facility near the culvert inlet, pumped, and dispersed (sprayed) onto the upland grass area adjacent to the channel in the BNSF right-of-way. If this option is not feasible, stormwater will be pumped and discharged to the nearby sewer system. April 12, 2010 11 All areas disturbed by construction will be revegetated with native trees, shrubs, or herbaceous species. All exposed sediments will be seeded with a native grass seed mix. Rapid establislnnent of native grasses will stabilize soils and prevent erosion in the short-term. Establishment of native woody vegetation will serve as a long-term erosion control measure, because riparian vegetation is known to reduce sedimentation by abating runoff and stabilizing soils through root cohesion. The project action area is defined as all areas within the proposed project construction limits (i.e., all areas used for staging and mobilization, all construction areas, and all other areas specifically related to the proposed project activities), as well as adjacent areas where direct and indirect effects and effects due to interrelated and interdependent activities may occur during and after construction. Hence, the action area includes all areas that may be affected by the actions associated with the proposed project, including but not limited to, the actual work site. The boundary of the terrestrial component of the project action area was defined with consideration for the temporary increases in noise that may result from construction activities. The boundary of the aquatic component of the project action area was defined based on the footprint of construction in Perrinville Creek, as temporary increases in aquatic noise will also be limited to this area. Terrestrial Component Noise defines the terrestrial extent of the action area for the Talbot Road — Perrinville Creek Drainage Improvement Project. The majority of noise generated by construction will be typical of municipal construction. Equipment used for constructing the proposed project will include excavators, backhoes, dump trucks, chainsaws, and generators. The estimated maximum noise level (at a distance of 50 feet) for some of this construction equipment is as follows: backhoes, 78 decibels (dB); chainsaws, 84 dB; excavators, 81 dB; dump trucks, 76 dB; and generators, 81 dB (WSDOT 2008). The farthest reaching potential effect of the proposed project on the terrestrial environment is construction -related noise. The method used to define the extent of terrestrial noise propagation is based on methods described by the Federal Highway Administration (FHWA 2003). The railroad within the proposed project area represents a dominant source of background noise influencing the magnitude and extent of noise impacts from the proposed project itself In order to accurately calculate the distances over which noise associated with the proposed project attenuates, it is necessary to define the background noise levels produced by normal railroad traffic in the area of the proposed project. The estimated typical railroad traffic noise level based on Federal Transit Administration (FTA) standard guidelines based on rail car noise levels, is 82 dB (FTA 2006). The standard attenuation rates for line source noises such as railroad traffic in a location such as the proposed project action area, which is in the transition zone between land April 12, 2010 12 and water, will differ based on hard and soft site characteristics: the over -water (hard -site) attenuation rate is 3 dB per doubling of distance from the source, while the over moderately vegetated terrestrial (soft -site) attenuation rate is 4.5 dB per doubling of distance (WSDOT 2008). Construction -related activities will produce noise in excess of existing background noise levels. Anticipated construction noise levels are calculated based on types of equipment expected to be used simultaneously, as measured 50 feet from the source (WSDOT 2008). Assuming that the three loudest pieces of construction equipment, chainsaws (84 dB), excavators (81 dB), and generators (81 dB), would be operating at the same time results in a maximum construction noise level of 87 dB (WSDOT 2008). The standard attenuation rate for point source construction noise in a location such as the proposed project is as follows: the over -water (hard -site) attenuation rate is 6 dB per doubling of distance from the source, while the over moderately vegetated terrestrial (soft -site) attenuation rate is 7.5 dB per doubling of distance (WSDOT 2008). As Tables 1 and 2 illustrate, the distance necessary for proposed project -related construction noise to attenuate with background railroad traffic noise is approximately 160 feet for both soft and hard site conditions. Table 1. Over -water (hard site) noise attenuation distance for the Talbot Road / Perrinville Creek Drainage Improvement Project. Distance from Noise Source Construction Noise Rail Traffic Noise (ft). (6 dB) (3 dB) 50 87 dB 82 dB 100 81 79 200 75 76 400 69 73 800 63 70 1,600 57 67 3,200 51 64 April 12, 2010 13 Table 2. Terrestrial (soft site) noise attenuation distance for the Talbot Road / Perrinville Creek Drainage Improvement Project. Distance from Noise Source Construction Noise Traffic Noise (ft), (7.5 dB) (4.5 dB) 50 87 dB 82 dB 100 79.5 77.5 200 72 73 400 64.5 68.5 800 57 64 1,600 49.5 59.5 3,200 42 55 Aquatic Component The boundaries of the aquatic component of the project action area were defined with consideration for how far suspended sediments are expected to extend downstream of the proposed project, in addition to consideration of areas that would become more accessible to fish following implementation of the project (Figure 1). The extent of impact related to suspended sediments includes only the project's construction footprint in Perrinville Creek, because project BMPs will prevent sediment from entering Puget Sound via the culvert that conveys Perrinville Creek under the BNSF railroad. The geographic extent of impact related to increased fish access extends from the culvert inlet on the south side of the BNSF railroad prism, which serves as the downstream boundary of stream channel improvements, to the drop culvert (fish barrier) on the north side of Talbot Road. Potential Effects of the Action Direct Effects Resulting from Construction Activities Potential direct effects resulting from construction activities associated with the proposed project include the following: Increased noise during construction could occur. However, the estimate of the distance necessary for construction noise to attenuate to the surrounding baseline level was conservatively estimated and does not take into account baseline traffic noises beyond Talbot Road. Additionally, there are no endangered or threatened terrestrial species present within the project action area (WDFW 2009, Holser 2009). All in -channel work associated with the proposed project will occur during dry conditions by diverting all flow through the upstream high flow bypass structure, in addition to the implementation of appropriate Best Management Practices (BMPs) during pipe construction and gradual reintroduction of flow to the improved channel, to prevent any suspended April 12, 2010 14 sediments from being transported downstream of the project action area and into Puget Sound. Indirect Effects Resulting from Dong -Term Operations Currently, the levels of human activity, disturbance, and traffic in the area surrounding the proposed project are high. The proposed project will not alter these activities or their disturbance levels. Stream channel improvements will result in an increase in accessibility for fish in the lower portion of Perrinville Creels (from Puget Sound to the drop culvert at Talbot Road). Interrelated and Interdependent Activities Interdependent activities are those that have no independent utility apart from the proposed action. Interrelated activities are those that are a part of the primary action and are dependent upon that action for their justification. There are no known interrelated or interdependent activities scheduled to occur in the vicinity of the proposed project site during the construction period for the proposed project nor are any such activities expected to occur following completion of the proposed project. Species and Habitat Information and Effect Determinations ESA -listed species and habitat information was obtained from the U.S. Fish and Wildlife Service (USFWS) (USFWS 2009a) and the National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NOAA Fisheries 2009). Additional species information was obtained from Priority Habitats and Species data (WDFW 2009), Washington Department of Natural Resources (WADNR) Natural Heritage program rare plant data (WADNR 2009), and through conversation with the WDFW Area Habitat Biologist (Holser 2009). Those species and critical habitat on the USFWS species list for Snohomish County include: ® Coastal/Puget Sound Distinct Population Segment (DPS) of bull trout (Salvelinus confluentus) (USFWS 2008) ® Coastal/Puget Sound Distinct Population Segment (DPS) of bull trout critical habitat (USFWS 2008) ® Marbled murrelet (Brachyramphus fnarmoratus) ® Marbled murrelet critical habitat. ® Northern spotted owl (Strix occidentalis caurirna) April 12, 2010 15 ® Northern spotted owl critical habitat ® Canada lynx (Lynx canadensis) ® Gray wolf (Canis lupus) ® Grizzly bear (Ursus arctos = U. a. horribilis) Those species and critical habitat on the NOAA Fisheries species list for Puget Sound include: ® Puget Sound Evolutionarily Significant Unit (ESU) of Chinook salmon (Oncorhynchus tshawytscha) (NOAA Fisheries 2008) ® Puget Sound Evolutionarily Significant Unit (ESU) of Chinook salmon critical habitat (NOAA Fisheries 2008) ® Puget Sound DPS of Steelhead trout (Oncorhynchus naykiss) (NOAA Fisheries 2008). ® Southern resident killer whale (Orcinus orca) ® Southern resident killer whale critical habitat ® Humpback whale (Megaptera novaeangliae) ® Steller sea lion (Eunaetopias jubatus) Perrinville Creek does not support any ESA -listed aquatic species: the upper reaches of the stream support resident cutthroat trout and the lower reach (due to the fish -impassable drop culvert at Talbot Road) supports Coho salmon (WDFW 2009, Holser 2009). There are no ESA -listed plant species documented for Snohomish County (USFWS 2009a, WADNR 2009). An area of the Puget Sound shoreline approximately 900 feet to the south of the Perrinville Creek outfall is a documented surf smelt spawning area and virtually the entire shoreline in this area is designated as potential surf smelt and sand lance spawning habitat (WDFW 2009). Forage fish are an important prey base for a number of ESA -listed species, including marbled murrelets, Chinook salmon, and bull trout. The project will not affect forage fish spawning habitat, because the only effect of the project extending to Puget Sound will be noise. April 12, 2010 16 Species During a site visit on March 25, 2009, Herrera biologists assessed the status and availability of suitable habitat for listed species within the project action area and evaluated any potential impacts of the proposed project. VSFWS Neither adult nor juvenile bull trout is found within Perrinville Creek (WDFW 2009), nor are they expected due to habitat constraints (Holser 2009). Bull trout have more specific habitat requirements than other sahnonids and are often associated with undisturbed habitat containing diverse cover and structure. Spawning and rearing are restricted primarily to relatively pristine, cold streams, often within headwater reaches. Since the effects of the project to the aquatic environment are limited to Perrinville Creek (where suitable habitat for this species does not occur) — the aquatic component of the project action area does not extend to Puget Sound, where suitable habitat for this species does occur — the project will have no effect on bull trout. No mature forests with habitat elements suitable for nesting of marbled murrelets are present within the project action area, aquatic noise will not extend to Puget Sound, and the project will not effect forage fish (prey base for marbled murrelets), so therefore this project will have no effect on marbled murrelets. No mature forests with habitat elements suitable for spotted owls are present within the project action area, and therefore the project will have no effect on northern spotted owls. No suitable habitat for Canada lynx, gray wolf, or grizzly bear is present within the project action area, and the project action area lies outside of the known range of these large terrestrial mammals. Therefore, this project will have no effect on Canada lynx, gray wolf, or grizzly bear. NOAA FISHERIES Primary concentrations of Steller sea lions in Washington are on the outer coast but small numbers can be found scattered around the eastern Strait of Juan de Fuca, the San Juans and down into Puget Sound. There are no suitable haul -out sites for Stellar Sea lions within the action area of the project (WDFW 2009), nor will the project affect potential prey species for Stellar sea lions, and therefore the project will have no effect on Steller sea lions. The effects of the project to the aquatic environment are limited to Perrinville Creels and do not extend to Puget Sound, therefore the project will have no effect on humpback whales or Southern Resident Killer Whale. Neither adult nor juvenile Chinook salmon are found within Perrinville Creels (WDFW 2009), nor are they expected due to habitat constraints (Holser 2009). Because of their large size and inability to jump significant heights, adult Chinook salmon prefer large, low -gradient rivers and streams for spawning. April 12, 2010 17 Neither summer nor winter stocks of steelhead have been documented in Perrinville Creek, and their presence is unlikely due to habitat constraints (Holser 2009). Since the effects of the project to the aquatic environment are limited to Perrinville Creek, where suitable habitat for Chinook salmon and steelhead does not occur — the aquatic component of the project action area does not extend to Puget Sound, where suitable habitat for these species does occur — the project will have rzo effect on Chinook salmon and steelhead. Critical Habitat The project action area does not contain designated critical habitat for marbled rnurrelet or northern spotted owl (USFWS 2009b), and therefore the project will have no effect on critical habitat for these species. Since the effects of the project to the aquatic environment are limited to Perrinville Creek, which is not designated critical habitat for bull trout, Chinook salmon, and Southern Resident Killer Whale — and the aquatic component of the project action area does not extend to Puget Sound, which is designated critical habitat for these species — the project will have rao effect on Chinook salmon, steelhead, and Southern Resident Killer Whale critical habitats. Essential Fish Habitat The federal Magnuson -Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires NOAA Fisheries to identify essential fish habitat for federally managed marine fishes. This mandate also requires federal agencies to consult with NOAA Fisheries regarding all activities or proposed activities that are authorized, funded, or undertaken by the agency that may adversely affect essential fish habitat. There are 83 marine fish species managed by NOAA Fisheries for which essential fish habitat is considered, including Chinook and Coho stocks in Washington, Oregon, Idaho, and California, as well as pink salmon stocks in Puget Sound. Essential fish habitat for Pacific salmon is defined as "the aquatic component of streams, lakes, ponds, wetlands, and other water bodies currently or historically accessible to Chinook, Coho, or Puget Sound pink salmon (except above certain impassable barriers) in Washington, Oregon, Idaho, and California". This includes the waters and benthos necessary to spawning, breeding, feeding, or growth to maturity of a species. The presence of Coho salmon has been documented in Perrinville Creek (WDFW 2009). Essential fish habitat in the project action area will be affected in the short term by execution of in -stream project elements intended to improve stream chamlel conditions. These effects will be minimized through the implementation of BMPs during construction activities, including measures to preclude access to the project area by Coho salmon. In the long term, essential fish habitat within the project action area will benefit from the proposed project with the construction April 12, 2010 18 of an improved channel (with greater channel complexity and habitat features), enhanced riparian vegetation, and the removal of the existing inadequate outfall. Overall, the proposed project is not likely to adversely affect essential fish habitat for Pacific salmonids, and is likely to improve essential fish habitat over the long term. Conclusion This no effect letter was prepared to fulfill the responsibility of the City under Section 7(c) of the Endangered Species Act and the Magnuson -Stevens Act. We are sending you this copy of our assessment for your files. If you have any questions or comments regarding this proposed project, please contact me at (425) 771-0220 ext. 1323. If you have questions or comments regarding this assessment, please contact Kris Lepine or Arthur Fleming of Herrera Environmental Consultants at (206) 441-9080. ferry Shuster Stoi7nwater Engineering Program Manager City of Edmonds Public Works Department 121 5th Avenue North Edmonds, Washington 98020 Attaclunents: References, Figure 1 April 12, 2010 19 FHWA. 2003. Fundamentals and Abatement of Highway Traffic Noise — 1980. U.S. Department of Transportation, Federal Highway Administration, Washington D.C. Revised 2003. FTA. 2006. Transit Noise and Vibration Impact Assessment. Federal Transit Administration, Office of Planning and Environment, FTA -VA -90-1003-06. May 2006. Holser, G. 2009. Personal communication between Ginger Holser, WDFW Area Habitat Biologist, and Crystal Elliot, Herrera Environmental Consultants, regarding the presence of priority species in the project area on March 25, 2009 (discussion during site visit). NOAA Fisheries. 2009. Species lists for Puget Sound, (West Coast Salmon and Steelhead list updated July 1, 2009; Marine Mammals list accessed on 10/20/09). Obtained from agency website on October 20, 2009: <http•//www.nwr.noaa.gov/Species-Lists.cfm>. National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Northwest Regional Office, Seattle, Washington. R.W. Beck. 1991. Edmonds drainage basin studies: Edmonds Way, Perrinville, and Meadowdale Basins. Unpublished report by R.W. Beek and Associates Inc., Seattle, Washington. USFWS. 1986. Species Profiles: Life Histories and Environmental Requirements of Coastal Fishes and Invertebrates (Pacific Northwest) — Steelhead Trout. Biological Report 82 (11.82). Coastal Ecology Group, Waterways Experiment Station. USFWS. 2009a. Listed and Proposed Endangered and Threatened Species and Critical Habitat; Candidate Species; and Species of Concern in Snohomish County, Washington. U.S. Fish and Wildlife Service, Western Washington Fish and Wildlife Office. Obtained from agency website on 10/21/09: <htti)://www.Avs.Rov/westwafwo/sj2eciesmap>. USFWS 2009b. Critical Habitat Portal. U.S. Fish and Wildlife Service. <http://criticalhabitat. fws. gov/>. WADNR. 2009. Washington Natural Heritage Information System List of Known Occurrences of Rare Plants in Washington, February 2009, Snohomish County. Obtained from agency website on October 21, 2009: <http•//wwwl dnr wa og v/nhp/refdesk/lists/plantsxco/snohomish.html>. WDFW. 2009. Priority habitat and species maps for the Talbot Road-Perrinville Creels Drainage Improvement project. Washington Department of Fish and Wildlife, Olympia, Washington. WSDOT. 2008. Biological Assessment Preparation for Transportation Projects, Advanced Training Manual, Version 10-08. Washington State Department of Transportation. WSDOT. 2009. WSDOT Fish Exclusion Protocols and Standards. Washington State Department of Transportation. June 25, 2009. I_I I I'll Legend Area of Figure 1. Project action area map for the �.. map detall Talbot Road-Perrinville Creek �� yo Project action area rnent Project.Skund Drainage Im rove Stream or ditch Storm water�� conveyance �'` Y � � r„ 1 0 87.5 175 350 Feet f'ja°� Aerial Photograph: GAHERRERA City of Edmonds (2007) ENVIRONMENTAL CONSULTANTS KIRopd,M-04119-0O0MIiIIWA —Nea.mxE