ESA Section 7 Letter.pdf2707 COLBY AVE, STE 900, EVERETT, WA 98201
1,800A15.9900 425.252.7700 fax:425.339.6018 www.perteetcom
September 21, 2010
Ms. Erin Legge, Project Manager
Seattle District Corps of Engineers Regulatory Branch
CENWS-OD-RG
Post Office Box 3755
Seattle, Washington 98124-3755
REFERENCE: Shell Valley Emergency Access, Edmonds, Washington
SUBJECT: Endangered Species Act Section 7 Request for No Effect Determination
Dear Ms. Legge:
The City of Edmonds Department of Public Works (Edmonds) proposes to construct the Shell
Valley Emergency Access on a 1.3 acre municipal property (Snohomish Parcel ID
00373600500104) located in the southwest quarter of section 19, township 27N, range 04E,
W.M., in the Shell Valley neighborhood of Edmonds, Washington (Figure 1).
The project is necessary to provide secondary access to the neighborhood for emergency
vehicles. Currently, there is only a single road providing access to the neighborhood. The
project will also provide a safe alternative travel route during times of heavy snow fall, which
makes the primary travel route unsafe for most vehicles.
As an agent of the City of Edmonds, we have prepared this assessment in response to species
listings obtained from the U.S. Fish and Wildlife Service and the National Marine Fisheries
Service on February 1, 2008 and again in September 2010. Because the listings are regional, the
information was corroborated with WDFW Priority Habitats and Species data (obtained June 9,
2010) and WDNR Natural Heritage Program data to determine potential species presence.
The results of this inquiry indicated the potential presence of Chinook salmon (Oncorhynchus
tshawyacha), steelhead (Oncorhynchus mykiss), and bull trout (Salvelinus confluentus) in the marine
waters of Puget Sound, approximately 1.7 miles west of the project site.
The information contained in this assessment will satisfy information requirements related to
Essential Fish Habitat (EFH) as required by the Magnuson -Stevens Fishery Conservation and
Management Act (Magnuson -Stevens Act), 16 U.S.C. Section 1801 et seq. (as re -authorized by
the Sustainable Fisheries Act, October 1996).
A field review of the project site took place on October 26, 2007 and on September 16, 2010
by Perteet Biologists. The project site is located in a suburban setting. The primary land use
surrounding the project site is single family residential. The project site is 1.3 -acres in size,
presently undeveloped, and characterized by 3 plant communities. A small wetland (2,567
SF/.06 acres) was identified and delineated onsite. From what could be ascertained during the
site visit, this wetland appears to be a closed topographic depression. For more information on
City of Edmonds — Shell Valley Emergency Access September 2010
Section 7 ESA Page I
2707 COLBY AVE, STE 900, EVERETT, WA 98201
1.800A15.9900 425,252.7700 fax: 42S.339.6018 www.perteet.com
the wetland and mitigation measures, see the attached document Shell Valley Emergency Access
Critical Areas Report & Wetland Mitigation Plan (Perteet 2010).
Perteet biologists contacted the Washington Department of Fish and Wildlife (WDFW) to
determine if documented threatened or endangered species are found in the project vicinity.
According to the WDFW there are no streams or ditches with documented salmonids located
in the project area.
The proposed improvement includes construction of an Emergency Access Roadway.
Construction will take place between May and September of 2011.
The project will result in 3,279 square feet of new impervious surface. The new impervious
surface will only be used by motorized vehicles in case of emergencies (severe storms, heavy
snow, etc.) and will be gated at all other times. The remainder of the year the access road will
be used as a pedestrian/bike trail and will function as an infrequently used maintenance/access
road. The Washington Department of Ecology does not consider infrequently used
maintenance access roads or bike paths as "Pollution Generating Impervious Surfaces" (2005
Stormwater Manual for Western Washington, DOE). In addition, no stormwater conveyance is
proposed. Any potential pollution from occasional vehicle traffic will be sequestered on site
because there is no surface connection to any stormwater conveyance system. Therefore, the
project will result in no net increase of pollutants because the project will not create pollution
generating impervious surfaces.
Stormwater from the project site will discharged to an apparently isolated, on-site wetland.
The wetland lacks a surface connection to any stormwater or surface water conveyance.
Therefore, the project will result in no effect on flow in receiving waters because all runoff will
be retained or infiltrate on site.
The effects of disturbance to the onsite wetland and its buffer will be localized to the project
site and would be offset over time through proposed mitigation measures. Because the effects
of construction disturbance do not intersect the range of listed species or their habitat, the
project will result in no effect from direct or indirect construction disturbance.
Based on the above conclusions regarding water quality and quantity, we have determined that
the project will have No Effect on threatened Puget Sound Chinook Salmon and steelhead,
Coastal -Puget Sound bull trout, and their respective designated critical habitats.
The nearest Pacific salmon EFH is 1.25 miles away in the lower reaches of Shell Creek, which
contains coho salmon EFH. In addition, Puget Sound (a minimum of 1.7 miles downstream of
the action area) contains EFH for Puget Sound salmon, specifically Chinook, coho, and pink
salmon. For the reasons listed above, the project will have no deleterious effects or impacts to
the physical or biological components of Puget Sound or Shell Creek. Therefore, the project
has been determined to have no effect on Pacific salmon EFH.
City of Edmonds — Shell Valley Emergency Access September 2010
Section 7 ESA Page 2
2707 COLBY AVE, STE 900, EVERETT, WA 98201
1.800.615,9900 425.252.7700 fax:425.339,6018 wwwperteetcom
It is our understanding that this satisfies the U.S. Army Corps of Engineers' responsibility under
Section 7(c) of the Endangered Species Act and the Magnuson -Stevens Act at this time. This
assessment is being sent for your files. We will continue to remain aware of any change in
status of these species and will be prepared to re-evaluate potential project impacts if
necessary.
Please call if you require additional information or have any questions about this project.
Sincerely,
Jim Rothwell
Ecologist, PWS
City of Edmonds — Shell Valley Emergency Access September 2010
Section 7 ESA Page 3
2707 DOLBY AVE, STE 900, EVERETT, WA 98201
1.800,615,9900 425.252.7700 fax:425.339.6018 www.perteet.com
National Marine Fisheries Service (NMFS). 2009. Endangered Species Act Status of West
Coast Salmon & Steelhead. Accessed September 2010 from agency website:
tit I S i 7-09
�tj�://www,i,iwr.iioaa,gKiyEL,,�A-.5' '�Iqc!--j t!) �IRS (2t -
51[L _gSLUPW.adj�ifI5 -h- - ----- ejldf
National Marine Fisheries Service (NMFS). 2005. NOAA Fisheries Northwest Region Critical
Habitat Designations for West Coast Salmon and Steelhead in Washington - August 2005.
Accessed September 2010 from agency website: litt�,,I://www.viwr.i,lo,).algg,�/$a![D�Q!!.-
------- --------- ------
1-fabitat/Critical-1--iabitatJCFI-Ma -, sxfni
National Marine Fisheries Service (NMFS). 2009. Salmon Essential Fish Habitat. Accessed
September 2010 from agency website: htt '//www.nwrjioaa.gpy/1-j-labitatJSalmon-
EFH/Index,CfiTI
StreamNet. 2009. NWR Critical Habitat Mapper. Accessed September 2010 from
organization website: Iit /Laaw.
it!a�b,luect"iticalliabit;.it/viewer°,li.t.a..i
Washington Department of Fish and Wildlife (WDFW). 2010. Priority Habitat and Species
data and maps for Township 27N, Range 4E, Section 19. Olympia, WA. Produced in June
2010.
Washington Department of Natural Resources (WDNR). 2009. Sections that Contain Natural
Heritage Features. Accessed September 2010 from agency website:
iLttp://www.drir.wa. ov/Publications/aLnp -,,Ld,
Wj t, �,j� ff
nL
Washington State Department of Transportation (WSDOT). 2010. Advanced Training Manual:
Biological Assessment Preparation for Transportation ProJects (Version 02-2010). Olympia,
WA.
U.S. Fish and Wildlife Service (USFWS). 2008. Endangered, Threatened, Proposed, and
Candidate Species, Washington. Accessed
Critical Habitat, and Species of Concern in Western Wash
September 2010 from agency website:
U.S. Fish and Wildlife Service (USFWS). 2009. FWS Critical Habitat for Threatened &
Endangered Species. Accessed September 2010 from agency website: hj.SjLL�q �h Z.QK4
i .2,_b fW�j
U.S. Fish and Wildlife Service (USFWS). 2007. Listed and Proposed Endangered and
Threatened Species and Critical Habitat:Candidate Species; and Species of Concern in
Snohomish County. Accessed September 2010 from agency website:
tj Lju &5Z.gv/wq..' Lsj.2!L�ciesrr!apjSN 0 H Oil IS, htm I
City of Edmonds — Shell Valley Emergency Access September 2010
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