The URL can be used to link to this page

JARPA form.pdf2009 WASHINGTON STATE Joint Aquatic Resources Permit Application (JARPA) Form hei i USE BLACK OR BLUE INK TO ENTER ANSWERS IN WHITE SPACES BELOW. Part 1—Project Identification Unique project information that makes it easy to identify. [help) M : --------------------------------------- AGENCY USE ONLY US Army Corps Date received: of Englneers a , Seattle Dishicl , i t � t t t t t t Agency reference #: Tax Parcel #(s): t i -------------------------------------- t i t � t � t la. Unique Project Identifier Number (UPI #) b( ell • Don't have one yet? Get one at http://www.epermitting.wa.gov or call the Washington Governor's Office of Regulatory Assistance at (800) 917-0043. 326164-09-01 1 b. Project Name (Examples: Smith's Dock or Seabrook Lane Development)[helPI Lynnwood Wastewater Facility Outfall Diffuser Replacement Project Part 2—Applicant The person or organization legally responsible for the project. hei < li 1/1:L) 2009 2a. Name (Last, First, Middle) and Organization (if applicable) .r Ne4M1Tg a lusp Bill Franz, Public Works Director, City of Lynnwood 2b. Mailing Address (Street or PO Box) P.O. Box 5008 2c. City, State, Zip Lynnwood, WA 98046-5008 2d. Phone (1) 2e. Phone (2) 2f. Fax 2 . E-mail 425-670-5204 Part 3—Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b. of this application.) hel 3a. Name (Last, First, Middle) and Organization (if applicable) Chad Newton, Gray & Osborne, Inc. 3b. Mailing Address (Street or PO Box) 701 Dexter Avenue North, Suite 200 3c. City, State, Zip Seattle, WA 98109 3d. Phone (1) 3e. Phone (2) 3f. Fax 3 . E-mail (206) 284-0860 (206) 283-3206 cnewton@g-o.com JARPA 2009 Page 1 of 12 7b. Will the project impact wetlands? [he_ipl ❑ Yes ® No ❑ Don't know 7c. Will the project impact wetland buffers? L��l ❑ Yes ® No ❑ Don't know 7d, Has a wetland delineation report been prepared? hel • If yes, submit the report, including data sheets, with the DARPA package. ❑ Yes ® No 7e.... Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [helpl • If yes, submit the wetland rating forms and figures with the DARPA package. ❑ Yes ® No ❑ Don't know 7f: Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [helpl • If yes, submit the plan with the DARPA package. ❑ Yes ❑ No ® Not applicable: 7g. Use the table below to list the type and rating of each wetland that will be impacted; the extent and duration of.the impact; and the type. and amount of compensatory mitigation proposed.> lf.you are submitting a compensatory. mitigation plan with a similar table, you may simply state (below) where we can find this n ormation in the mitigation plan. helgj Activity causing impact (fill, drain, excavate, flood, etc.) Wetland type and ratin�q category impact area (sq. ft. or acres) Duration of impact2 Proposed mitigation type' Wetland mitigation area (sq. ft. or acres) Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System, Provide the wetland rating forms with the JARPA package. 2 Indicate the time (in months or years, as appropriate) the wetland will be measurably impacted by the activity, Enter "permanent" if applicable. 3 Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In-lieu fee (B) Page number(s) for similar information in the mitigation plan, if available: 7h. For all filling activities identified in 7g., describe the source and nature of the fill: material, the amount in cubic yards that will be used, and how and where it will be pined into the wetland, tiel Not applicable. 71 For all excavating activities identified in 7g., describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. 1690. No excavation is planned associated with installation of the proposed outfall diffuser. JARPA 2009 Page 6 of 12 7j. Summarize what the compensatory mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. Lhplp1 Not applicable. Part 8—Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non -wetland waterbodies. (See Part 7 for information related to wetlands.) mm ® Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. hl e1A _ ❑ Not applicable The existing CMP outfall and associated concrete anchor blocks will be removed from the benthic surface by a large marine crane on the barge. Divers will help guide the new outfall structure and associated anchors into place on the bottom. Use of a marine crane and barge will eliminate the need to assemble the pipeline on the beach and drag it offshore through sensitive intertidal and subtidal habitats. 8b. Will your project impact a waterbody or the area around a waterbody? hL el ] ® Yes ❑ No 8c. Summarize mpact(s) to. each waterbody in the table below. [help Activity causing impact Waterbody name Impact location Duration of impactz Amount of material to be placed in or Area (sq. ft. or linear ft.) of (clear, removed from waterbody dredge, fill, waterbody directly pile drive, affected etc.) WWTF Browns Bay, Approximately Construction Approx. 241 feet of Approx. 241 outfall Puget 1,000 feet off- impacts: 1-3 CMP diffuser and ft. X 10 feet, diffuser Sound shore of the weeks. associated or 2,410 sq, removal and Lynnwood Operational concrete anchors feet installation WWTF. impacts would will be removed be permanent. and a similar amount of 36-inch HDPE pipe will be installed. Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 2 Indicate the time (in months or years, as appropriate) the waterbody will be measurably impacted by the work. Enter "permanent" if applicable. 8d Have.you prepared a mitigation plan to compensate for the project's adverse impacts to,non-wetland waterbodies? hl el3 If yes, submit the plan with the DARPA package. JARPA 2009 Page 7 of 12 w❑ Yes ❑ No ® Not applicable: Impacts to Browns Bay will be positive. T 8e.. Summarize what the compensatory mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. If you already completed 7i., you do not need to restate your answer here. [hem] Replacement of the existing steel outfall diffuser with new HDPE pipe of similar size and configuration will permanently replace the existing structure. The existing damaged and corroded structure will be removed. 8f. For all activities identified in 8c., describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. ttel The existing 36-inch CMP outfall diffuser structure and associated concrete anchors will be removed from the benthic surface of Browns Bay by a diver -assisted crane on a barge. The barge crane and diver team will replace the existing pipe with a 36-inch HDPE diffuser of similar design that will be compatible with the HDPE diffuser installed by the City of Lynnwood in 1996. 8g. For all excavating or dredging activities identified in 8c., describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. hpM Not applicable, as no dredging is proposed. Part 9—Additional Information Any additional information you can provide helps the reviewer(s) understand your project. 9a ;if you have already worked with any government. agencies on.this project; list them below. hC�I -Agency`Name Contact Name Phone Most Recent Date of Contact US Army Corps of Jonathan Smith (206) 764-6910 September 2009 Engineers Washington Department Brenda Werden (360) 856-3500 November, 2009 of Natural Resources � _ Washington Department Laura Arber (425) 379-2306 November 10, 2009 of Fish & Wildlife 9b Qre,any of the wetlands or waterbodies identified. in Part7 or Part 8 on the Washington Department of Ecology's 303(d) List?. hei • if yes., list the parameter(s) below. If you don't know, use Washington Department of Ecology's. Water Quality Assessment tools at: h itp.//Iwww. ecy. wa. a ov/prod ra m slwg/303dk ® Yes ❑ No Useless Bay/Central Puget Sound is listed for fecal coliform, likely due to dog park usage along the shoreline at parks in the area JARPA 2009 Page 8 of 12 9� c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [nelpl • Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC. 17110019 9d. What Water Resource Inventory Area Number (WRIA #) is the project in? p] • Go to httD://www.ecy.wa,gov/services/gis/maps/wria/wria.htm to find the WRIA #. WRIA 7 Snohomish 9e.:Will the in -water construction work comply with the State of Washington water quality standards for turbidity? h[ el • Go to http://vrww.ecy.wa.gov/programs/wg/swgs/criteria.html for the standards. ® Yes ❑ No ❑ Not applicable No in -water work proposed 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? Lbeip • If you don't know, contact the local planning department. • For more information, go to: htLp://www.ecy.wa.,qov/1) rog ram s/sea/sm @/laws rules/173-26/211 designations.html. ❑ Rural ® Urban ❑ Natural ❑ Aquatic ❑ Conservancy ❑ Other `9.g.. What is the Washington Department of Natural Resources Water Type?= h 0 • Go to blp://www.dnr.wa.cov/BusinessPermits/Tomes/ForestPracticesApplications/Pa es/fp watertyping.as x for the Forest . Practices Water Typing System. ®S El ❑Np El Ns 9h.. Will this project be designed to meet the Washington Department of Ecology's most current stormwater. manual? {hetp� • If no, provide the name of the manual your project is designed to meet. ® Yes ❑ No Name of manual: Stormwater Design Manual for Western Washington (2005) 9i. If you know what the property was used for in the past, describe below. Lelpl The City of Lynnwood's WWTF outfall diffuser has been in its current location since the 1960s. 9j. Has a cultural resource (archaeological) survey been performed on the project area? Lmd If yes, attach it to your DARPA package. lO Yes Q No 9k....Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. [Lel Puget Sound chinook salmon, Puget Sound steelhead, Puget Sound bull trout, Orca southern resident pod, Steller sea lion, marbled murrelet 91. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected by the proposed work. [_hetpa JARPA 2009 Page 9 of 12 5m. Describe the structures (above and below ground) on the property, including their purpose(s). hei The existing 36-inch CMP outfall (installed in 1984 & 1990) diffuser extends approximately 241 feet west- northwest from the end of the 36-inch HDPE outfall pipe that was installed in 1996, Concrete anchors are strapped to the outfall at regular intervals. 5n: Provide driving directions from the closest highway to the project location, and attach a map. hei The project area can be accessed from the intersection of 196"' Avenue SW and Highway 99 in Lynnwood, Washington by proceeding west to 76"' Avenue West and turning north on 76th Avenue West until reaching the Lynnwood WWTF at 17000 76th Avenue West. Part 6--Project Description 6a. Summarize the overall project. You can provide more detail in 6d. theip] The proposed project involves the removal of the existing CMP Wastewater Treatment Facility outfall diffuser and replacement in -kind with a 36-inch (OD) HDPE SDR 17 diffuser pipe and associated anchor system that would match the existing outfall pipe, which was installed in 1996. fib, indicate the project category. (check all that apply.) hel ® Commercial ❑ Residential ❑ Institutional ❑ Transportation ❑ Recreational ® Maintenance ® Environmental Enhancement fiC. Indicate the major elements of your project. (Check all that apply.) hel ❑ Aquaculture ❑ Culvert ❑ Float ❑ Road ❑ Bank Stabilization ❑ Dam / Weir ❑ Geotechnical Survey ❑ Scientific Measurement ❑ Boat House ❑ Dike I Levee I Jetty ❑ Land Clearing Device ❑ Boat Launch ❑ Ditch ❑ Marina / Moorage ❑ Stairs ❑ Boat Lift ❑ Dock / Pier ❑ Mining ❑ Stormwater facility ❑ Bridge ❑ Dredging ® Outfall Structure ❑ Swimming Pool ❑ Bulkhead ❑ Fence ❑ Piling ❑ Utility Line ❑ Buoy ❑ Ferry Terminal ❑ Retaining Wall (upland) ❑ Channel Modification ❑ Fishway ❑ Other: JARPA 2009 Page 4 of 12 .6d. , Describe how you plan to construct each project element checked in 6c Include specific construction ..methods and equipment. to.be used. hel • Identify where each element will occur in relation to.the nearest waterbody. • Indicate which activities are within the 100-year flood plain. The new HDPE outfall diffuser for the Lynnwood WWTF will be installed in approximately the same alignment as the existing CMP outfall structure. It will be routed approximately 10 degrees to the northwest to access an area with a flatter benthic slope. The outfall diffuser will be lowered into position from a barge using a floating crane with the assistance of a diving team. Concrete anchors will be placed over the top of the pipe after it is brought into position. 6e. What are the start and end dates for project construction? (month/year) iiel J • If the project will be constructed in phases or stages, use JARPA Attachment D to.list the start and end dates of each phase or stage. Start date: July 2010 End date: August 2010 ❑ See JARPA Attachment D fif 'Describe the purpose of the work and why you want or need to perform it. Lbeld The Lynnwood WWTF Outfall diffuser has sustained significant damage since its construction in the 1960s and is nearing the end of its useful life. The proposed HDPE diffuser pipe is the final stage of the City of Lynnwood's WWTF Outfall Replacement Project, which replaced the outfall pipeline between the WWTF and the existing diffuser in 1996. The City is proposing to realign the diffuser approximately 10 degrees to the northwest to access an area with flatter bathymetry, which will improve the structural reliability compared to the existing pipeline alignment. 6g Fair market value of the project, including materials, labor, machine rentals, etc. h( $610,000 h Will any portion of the project receive federal funding? hL of •' If yes, list each agency providing funds. ❑ Yes ® No ❑ Don't know The City is utilizing its own funds to upgrade the WWTF and replace the outfall diffuser. Part 7—Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (if there are none, skip to Part 8.) 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. hel ® Not applicable _ The new diffuser will be assembled and transported to the worksite on a barge. Divers will detach the existing diffuser from the outfall pipe and the diffuser and associated concrete anchors will be winched to the surface and loaded onto the barge by a marine crane. The new diffuser pipe will be lowered into place on the benthic surface by a crane being guided by divers. Use of a barge for pipeline deployment will eliminate potential impacts to wetlands and sensitive intertidal and shallow subtidal habitat in -shore of the project area. JARPA 2009 Page 5 of 12 The proposed replacement of the Lynnwood WWTF outfall diffuser has the potential to impact subtidal geoducks and Dungeness crabs along the alignment. As the work will occur approximately 1,000 feet off -shore, the project will not significantly impact bald eagles, sea urchins, in -shore juvenile salmonid habitat, sand lance, herring and surf smelt spawning habitats. Similarly, it will not impact intertidal eelgrass and clam habitats. Part 10—Identify the Permits You Are Applying For Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.ecy.wa,gov/opas/. • Governor's Office of Regulatory Assistance at (800) 917-0043 or helpQora.wa.gov. 10.a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.), hi�3 For more.inforrnation about SEPA, goto www.ecv.wa.aov_/oro rams/sea/se ale-review.html, ® A copy of the SEPA determination or letter of exemption is included with this application. ❑ A SEPA determination is pending with (lead agency). The expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 1 ob.) • Submit the Fish Habitat Enhancement Project form with this application. The form can be found at http://ww,rw.epermitting.wa.Qov/Portals/_Ja roa ResourceCenter/i mages/defau It/tishenh ancement.doc ❑ This project is exempt (choose type of exemption below). ❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ❑ Other: ❑ SEPA is pre-empted by federal law. [ht) 10b .10, ic'ate the permits you are applying for. (Check all that apply:); h[ epj LUcAL GOVERNMENT Local Government Shoreline permits: ® Substantial Development ❑ Conditional Use ❑ Variance ❑ Shoreline Exemption Type (explain); maintenance of existing WWTF outfall diffuser. Other city/county permits: ❑ Floodplain Development Permit ® Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: ® Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption Washington Department of Ecology: ® Section 401 Water Quality Certification Washington Department of Natural Resources: ® Aquatic Resources Use Authorization FEDERAL` GOVERNMENT — JARPA 2009 Page 10 of 12 United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) ® Section 10 (work in navigable waters) United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non -bridge projects) JARPA 2009 age 11 of 12 Part 11-Authorizing Signatures Signatures required before submitting the DARPA package. 11 a. Applicant Signature (required) het ) I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. l hereby authorizg th agent named in Part 3 of this application to act on my behalf in matters related to this application. �N(initial) By initialing here, 1 state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering th property where the project is located to inspect the project site or any work related to the project. 1_' (initial) Ap�i'c'rtkt� DateF/00 11 b. Authorized Agent Signature (het . I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Authorized Agent Date 11 c. Property Owner Signature (if not applicant) [help) I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. D._-..__---._-_._-__ Property Owner ate 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representalions or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact The Governor's Office of Regulatory Assistance (ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833.6341. ORA publication number: ENV-019.09 JARPA 2009 Page 12 of 12 INFORMAL ESA CONSULTATION For Impacts to Aquatic and Terrestrial Listed Species and Us Army Corps Designated / Proposed/Potential Critical Habitat from of Engineers (-) Seattle District City of Lynnwood WWTF Outfall Diffuser Replacement Project 1. Proposed Activity: Replacement of the Lynwood WWTF Outfall Diffuser 2. Drawings - See attached Drawings. 3. Date: November 6, 2009 Corps Ref No.: not yet assigned 4. Applicant: City of Lynnwood Public Works Department Address: 19100 44"' Avenue West City: Lynnwood State: WA Zip: 98046-5008 5. Agent: Chad Newton P.E./Gray & Osborne, Inc. Address: 701 Dexter Avenue North, Suite 200 City: Seattle State: WA Zip: 98109 6. Project Name: Lynnwood WWTF Outfall Diffuser Replacement 7. Location(s) of Activity: Section: 07 Township: 27 North Range: 04 Fast Latitude: 47' 50' 52"N Longitude: 1220 20' 33"W Waterbody: Browns I3ay, Puget Sound County: Snohomish S. Description of Work: The proposed project would involve the removal of the existing CMP Wastewater Treatment Facility outfall diffuser and replacement in -kind with a 36-inch (OD) HDPE SDR. 17 diffuser pipe and associated anchor system that would match the existing outfall pipe, which was installed in 1996. 2 9. Construction Techniques: A. Construction sequencing and timing of each stage (duration and dates): Construction will occur during the summer of 2010. The in -water work window in this area extends from July 16 to February 16 to protect out -migrating juvenile salmonids in the spring. According to Laura Arber, WD)iW Habitat Biologist, no in -water timing restrictions will be required, as the project will be completed well off -shore of the littoral area where juvenile salmonids migrate. Likely construction sequence: • The existing diffuser pipeline will be disconnected from the outfall pipe that was installed in 1995. • Once existing diffuser pipe is disconnected from the outfall pipe and the anchor blocks, it will be lifted in sections onto the barge by the crane. • Existing anchor blocks will be lifted onto the barge by the crane. • The new 240-116ot long HDPE diffuser pipe will be welded to length on the barge and sections will be lowered onto the sea floor by the crane and guided into place by the divers. A ten -foot gap will be left between the end of the existing outfall pipeline and the beginning of the new diffuser to facilitate manipulation of the diffuser into place along the alignment. • U-shaped concrete anchors will be deployed from the barge to the pipeline by the crane, which will be guided into place over the new diffuser by divers. • Once the diffuser and anchors are in place, a 10-foot make up section will be lowered into place from the barge and bolted to the ends of the outfall pipe and diffuser. • Effluent flow will be suspended during diving operations to install the make-up section and connect the new diffuser to the effluent pipeline. • Effluent flow will now flow through the new diffuser pipeline. B. Site preparation: Divers will likely survey the entire length of the proposed wastewater effluent diffuser prior to lowering the welded HDPE into place. Large rocks that may deflect or impinge the pipeline will be removed from the proposed alignment to avoid damaging the new outfall diffuser. C. Equipment to be used: Divers using surface supplied air with hard-line communications equipment will help crane operators lower the pipeline into place from a large barge that will be stationed above the outfall pipeline. D. Construction materials to be used: The proposed diffuser pipeline will be made of 36-inch OD HDPE (SDR 17) pipe that will match the outfall pipe installed in 1996. All hardware will be Type 316 stainless steel. Anchors will be made of rebar reinforced concrete. They will be lowered into place individually by diver -assisted crane operators. E. Work corridor The work corridor will extend approximately 250 feet approximately along the length of the existing Lynnwood WWTF diffuser. The new alignment will be angled to the northwest of the existing alignment by about 10 degrees to take advantage of flatter benthic contours in this area. 7 June 2005 The new diffuser alignment will likely be about 50 feet wide and will still be within the corridor of the Department of Natural Resources Aquatic Lands Use Authorization. F. Staging areas and equipment wash outs: The construction barge will be utilized as a staging area for welding pipe, storing anchors and maintaining diving equipment. It will also contain the old outfall once it is removed from the benthic surface. G. Stockpiling areas: HDPE pipe, welding equipment and anchors will be stockpiled on the barge. H. Running of equipment during construction: Construction barge generators and positioning tluusters and diving compressors will likely operate continuously during construction. Noises of this sort are not unusual in this area, and are not likely to adversely impact fish, birds or other wildlife that may be present in the project area. I. Soil stabilization needs / techniques: There will be little need for stabilization of bottom sediments associated with construction of the proposed outfall diffuser, as no excavation will occur. Any sediment disturbed would likely settle out within 100 feet of the point of disturbance. J. Clean-up and re -vegetation: The existing diffuser and concrete anchor blocks will be raised onto the barge by the crane in sections and hauled ashore where it will be loaded onto a truck and hauled to an approved disposal site. K. Storm water controls / management: Not applicable, as all work will occur offshore in Puget Sound. L. Source location of any fill used: No fill is proposed. M. Location of any spoil disposal: No spoils will be discharged into Puget Sound and the old diffuser pipe and anchor system will be removed from the water and disposed of on land at an approved disposal site. 10. Action Area The Action Area for the proposed outfall diffuser will extend for one mile in all directions underwater, due to the noise from the operation of the barge and crane, which could influence movements of marine mammals and salmonids in the vicinity. This disturbance will be minor, and likely within background noise conditions, considering the maritime traffic that passes through Puget Sound on a daily basis. Any variation in effluent quantity or quality associated with construction or operation of the new WW'F diffuser would not extend beyond the one mile radius. 7 June 2005 11. Species Information: Species protected under the authority of the National Marine Fisheries Service (NMFS) include: • Puget Sound Chinook Salmon (threatened) critical habitat* • Puget Sound Steelhead (threatened) critical habitat under development* • Orca Southern Resident Pod (endangered) critical habitat* • Steller Sea Lions (threatened) * Species in Snohomish County protected under the authority of the US Fish & Wildlife Service: • Puget Sound bull trout (threatened)* • Marbled murrelet (threatened)* • Gray wolf (endangered) • Canada lynx (threatened) • Grizzly bear (threatened) • Northern spotted owl (threatened) *species potentially present in the project area 12. Existing Environmental Conditions: Provide color photographs of local area, shoreline conditions and proposed project site. Describe existing environmental conditions fir the following: A. Shoreline riparian vegetation and habitat features Shoreline vegetation inshore of the effluent pipeline is limited due to the presence of riprap supporting the Burlington Northern railroad tracks. B. Aquatic substrate and vegetation Divers indicated that the benthic surface is fine sand with occasional rock. C. Surrounding land/water uses The proposed site for the Lynnwood Wastewater Treatment Facility Outfall Diffuser is Currently occupied by the existing outfall and diffuser. The adjacent shore lands are forested open space or residential development. D. Level of development The project area is currently developed as the outfall and diffuser for the Lynnwood WWTF. The proposed project would replace the existing structure (which is damaged and leaking) in -kind, but with corrosion resistant HDPE pipe, and would not increase the level of development or capacity of the system. The new diffuser would be angled to the northwest slightly to take advantage of the flatter benthic profile in this area. E. Water quality Water quality beyond the mixing zone for the Lynnwood WWTF outfall is generally good to excellent outside of the mixing zone for the Lynnwood WWTF. F. Distance to nearest bald eagle nest and wintering features (perch trees; roost trees; and important foraging areas such as waterfowl concentration areas and salmon spawning areas). 7 June 2005 According to WDFW Priority Habitat & Species Maps prepared for the project area on May 29, 2009; the nearest bald eagle nest is approximately one mile southeast of the project area. G. Distance to nearest marbled znurrelet nesting and foraging areas. The nearest marbled murrelet nesting areas to the Lynnwood WWTF outfall are either approximately 50 miles to the northeast along the Skykomish River, or 15 to 25 miles to the west in the eastern portion of the Olympic Range. Marbled murrelets could forage in the project area during daily feeding migrations. I1. Distance to nearest bull trout spawning / foraging / overwintering areas. Is the project in or adjacent to bull trout migratory waters? The nearest bull trout spawning areas are likely along tributaries to the Snohomish River more than 30 miles from the project area. Bull trout may forage along the shoreline of Puget Sound inshore of the project area on occasion. Bull trout over -wintering areas are generally in high mountain streams more than 30 miles from the project. area. Spawning Native char (bull trout/Dolly Varden) in the North Puget Sound region spawn in the headwaters of mountain streams. Char spawning occurs upstream of areas used by most other anadromous fishes. These fish require very cold water for successful spawning and egg incubation. Spawning occurs in the fall of the year after the water temperature drops below 460 F. Successful incubation of eggs requires water temperatures below 40' F. In this region, the downstream limit of successful char spawning is always upstream of the winter snow line. Anadromous Bull trout/Dolly Varden from both the Snohomish and Skykomish River systems may be present offshore of Lynnwood. Spawn timing and stock status for the Stillaguamish populations are unknown. Water quality problems as they relate to bull trout/Dolly Varden production in these two watersheds are similar. Most of the information presented here is from the fEashington State Salmonid Stock Inven.toiy for Bull Trout/Dolly Varden., (WDFW 1998) section on the Snohomish River. This section deals primarily with the North Fork Skykomish bull trout/Dolly Varden population. Known spawning areas in the Snohomish basin include; the North Fork Skykomish between Bear Creek Falls and Deer Falls, Troublesome Creek, the lower 0.25 mile of West Cady Creek, the lower 0.6 mile of Goblin Creek and on Salmon creek near the area of its forks. Char gained access to the South Fork Skykomish basin above Sunset Falls in 1958 when trap and haul operations were initiated. This represents an expansion of char range. Currently the run size to this portion of the basin numbers fewer than 50 fish. The known spawning area is currently limited to the lower portion of the East Fork of the Foss River. The char have the potential to continue spawning area expansion in the South Fork of the Skykomish. Spawning generally occurs in October and early November in the Snohomish Basin. The exact timing of each year's spawning can vary depending on water temperature. Rearing & 171orage Areas Newly emergent fry rear near spawning areas. The growing juveniles can adopt a variety of life strategies. A portion of the population remains in the headwater areas adopting a "resident" life history. The remaining fry can drop downstream looking for foraging opportunities. Depending upon the rearing habitats they select, they may be called "fluvial" (found in river areas), adfluvial (found in lake areas) or anadromous (found in marine waters). Foraging juvenile and sub -adult char may migrate throughout the basin looking for feeding opportunities. Because of this behavior, they may be found anywhere in the basin downstream of spawning areas. The potential distribution of foraging char can be defined as "that 7 June 2005 portion of the basin that is accessible to anadromous salmonids." If eoho salmon fry are found in an area, it is likely that foraging char could occasionally be found there. The only exceptions would be those tributaries having migration barriers to these foraging fish. Adult and Sub -Adult Movements Adult char migrate from their rearing areas to the spawning areas during the summer. In the case of the anadromous portion of the population, this migration can be quite lengthy. Migration begins as early as late May and continues through the summer into September. During the summer, adults can be found throughout the basin downstream of spawning areas. The majority of adults arrive at pre -spawn staging areas; usually near the eventual spawning sites, by late August. Occasionally pioneering adults can be found staging or attempting to spawn in non-traditional areas, as char are continually probing new areas in an attempt to insure that any suitable habitat is colonized. The post -spawn adults of the non-resident life forms quickly leave the spawning areas, moving downstream to forage. Once char establish a fluvial life history, they remain in the area until the onset of maturity and the beginning of the spawning migration. Studies have found that after spawning, many of these adults return to their "home" pool for additional rearing. The anadromous portion of the population has an additional behavioral complication; sub -adult fish migrate from marine waters to freshwater areas to spend the winter. These fish begin leaving the marine environment in the early fall and by early winter, they have returned to their home river or another nearby stream to over -winter. They typically remain in lower river areas, rarely migrating more than 30 miles upstream (Kraemer 1999). The waters of Browns Bay have the potential to be utilize by amphidromous Puget Sound bull trout, for transportation, feeding, and acclimation/holding during transition from the freshwater environment to marine environment, or vice versa. Sand lance and surf smelt either spawn or have the potential to spawn in the intertidal and shallow subtidal area inshore of the Lynnwood WWTP outfall, providing a potential source of food for out -migrating bull trout. 1. Is the project located within designated / proposed bull trout critical habitat? If so, please address the proposed projects' potential direct and indirect effect to primary constituent elements (please see the USFWS proposed rule — Federal Register / Vol. 69, No. 122/ Friday, June 25, 2004; Page 35776). The proposed diffuser replacement project is located approximately 1,000 feet off -shore of potential bull trout marine foraging and migration habitat in Browns Bay. J. Is the project located within designated / proposed Pacific salmon critical habitat? If so, please address the proposed projects' potential direct and indirect effect to primary constituent elements (please see the NOAA-Fisheries proposed rule — Federal Register / Vol. 69, No. 239/ Tuesday, December 14, 2004; Page 74581). Yes, however the work will occur approximately 1,000 feet off -shore in an area less likely to be utilized by out migrating juvenile salmonids. K. Presence of forage fish (marine areas only). Small areas of documented sand lance and surf smelt spawning are present north and south of Browns Bay. The remaining beach areas along this section of the coast are regarded as potential spawning areas for these forage species. 7 June 2005 13. Effects Analysis: Listed Species protected under jurisdiction of the'LIS Fish & Wildlife Service • Bull Trout, Salvelinus confluentus It is possible that atnphidromous bull trout may use the waters of Browns Bay for transportation and feeding during the summer months. During construction bull trout would be sufficiently mobile to avoid the area during noise -generating activities, as similar subtidal habitat is present in adjacent areas that will not be affected by noise generated by project activities. Noise - generating activities that may impact bull trout include demolition of the existing outfall and installing the new outfall pipeline and anchors near the footprint of the existing diffuser pipe. These relatively quiet, temporary construction activities are unlikely to directly damage individual bull trout due to the low level and intensity of noise generated during these activities. Further, this work is unlikely to cause bull trout to miss feeding opportunities, as similar foraging habitat exists in adjacent areas. The proposed project will improve the reliability of the Lynnwood WWTF outfall diffuser; capacity is not being increased at this time, so the project will not result in an increase in impervious surfaces throughout the service area that could potentially impact water quality in area streams. Therefore, the proposed project may affect, but is unlikely to adversely affect migratory bull trout. Bull Trout Critical Habitat The US Fish & Wildlife Service has established 9 Primary Constituent Elements of bull trout critical habitat that should be evaluated in Biological Assessments. PCEs six through nine apply to bull trout that may be present in Browns Bay. Project specific responses to the applicable PCES are presented below: G. Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows: Replacement of the Lynnwood WWTF outfall diffuser will occur approximately 1,000 feet offshore of the intertidal and shallow subtidal areas amphidromous bull trout may utilize for foraging and migration, so migratory corridors will not be impacted by the proposed removal and replacement of the outfall diffuser. Replacement of the diffuser may actually increase dilution of wastewater effluent offshore (due to elimination of leaks in the existing corroded diffuser) and reduce the concentrations of nutrients, trace metals and bacterial contamination and organic pollutants present in nearshore waters inshore of the outfall and diffuser. The temperature regime along the shoreline is unlikely to be changed by the project, as flows through the outfall are not projected to increase significantly during the life of the project. 7 June 2005 7. An abundant food base including terrestrial organisers of riparian origin, aquatic macroinvertebrates, and forage fish: Replacing the existing Lynnwood WWTF diffuser is unlikely to affect foraging opportunities for bull trout, which generally forage between the higher high tide line and approximately -10 feet MLLW. Invertebrate communities on the existing outfall removed during the project are likely to re-establish on the new diffuser within a couple of years, though it is unlikely that bull trout would venture out to -100 feet to forage along the WWTF outfall diffuser. 8. Few or no non-native predatory, interbreeding, or competitive species present: The proposed project is not likely to impact any non-native predatory fish species, as these fish are highly mobile and capable of avoiding any disturbance associated with the proposed outfall replacement. Interbreeding or competitive trout species are rare in the deep off -shore waters of Brown's Bay, and bull trout are unlikely to venture off -shore into the project area to encounter them. 9. Permanent water of sufficient quantity and quality such that normal reproduction, growth and survival are not inhibited: Potential adverse impacts to water quality associated with replacement of the Lynnwood WWTF outfall diffuser would be limited to the short-term turbidity increases during removal of the existing diffuser (one or two days). All work would occur more than 1,000 feet off shore of the intertidal and shallow sub -tidal areas usually used by amphidromous/anadrornous bull trout. The proposed Lynnwood WWTF diffuser replacement project will occur approximately 1,000 feet off -shore in marine waters and will have no effect on reproduction of bull trout, which occurs more than 30 miles upstream in high mountain tributaries to the Snohomish River. Bull trout growth and survival will not be inhibited, as all work associated with this project will occur more than one-half mile off shore of potential bull trout foraging areas. The proposed project should improve water quality in the littoral zone near the Lynnwood WWTF, as effluent will be dispersed over a larger area by the new, intact diffuser structure. Based on this analysis, the proposed replacement of the Lynnwood WWTF outfall diffuser with a new HDPL structure of similar size and function will result in no destruction or adverse modification of designated critical habitat. for Puget Sound bull trout that may forage or migrate through the shallows of Browns Bay near the Lynnwood WWTF. • Canada lynx, Lynx canadensis Canada lynx are generally limited to areas where snowshoe hares are present in the North Cascades at elevations above 4,000 feet. Therefore, the proposed Lynnwood WWTF Diffuser Replacement Project will have no effect on Canada lynx. 7 June 2005 • Gray wolves, Canis lupus Gray wolves may be present in the more remote portion of the North Cascades and are not likely to enter areas with a large human presence (Mathews 1999), such as, western Snohomish County. Therefore, they are unlikely to reach the shore of Browns Bay. Therefore, implementation of the proposed Lynnwood WWTF Diffuser Replacement Project will have no effect on the Gray wolf. • Grizzly bears, Ursus arctos = U. a. horribilis According to John Almack, (as sited in Mathews 1999) there is likely a small, elusive and highly mobile population of grizzly bears in the Cascade Range. Grizzly bears avoid humans, and would be quite unlikely to venture into urban Snohomish County or to find their way to the Lynnwood WWTF Site on Puget Sound. Therefore, implementation of the proposed project will have no effect on the Grizzly bear. • Northern spotted owls, Strix occidentalis caurina Northern spotted owls nest in old growth forest habitats on the western slopes of the Cascades and eastern slopes of the Olympics. They have fairly limited foraging ranges. No northern spotted owl nesting sites or management circles were indicated on the Priority Habitats & Species Map prepared for this project by WDFW on May 29, 2009. As no old growth forest habitat is present in the vicinity of the WWTF, the proposed replacement of the Lynnwood WWTF outfall diffuser will have no effect on northern spotted owls. Marbled murrelets, Brachyramph.us marmoratus Marbled murrelets were not included in the Priority Habitats & Species Maps prepared for the Lynnwood WWTF Diffuser Replacement Project, which indicates that there are no known nesting areas in the vicinity. It is possible marbled murrelets nesting in old growth in the Cascades to the east of Lynnwood and on the Olympic Peninsula may feed in the waters of Browns Bay on occasion. Small portions of the shallow subtidal and low intertidal areas around Browns Bay are either known to be (or likely to be) spawning habitat for sand lance and surf smelt, two of the marbled murrelet's preferred foods. Marbled murrelets would be most likely to feed on sand lance in shallow offshore areas near Brown's Bay. Marbled murrelets are highly mobile and would be able to avoid the noise and disturbance generated by the proposed Lynnwood WWTF Diffuser Replacement Project, due to the presence of similar foraging habitat nearby. This avoidance behavior is not likely to cause marbled murrelets to miss feeding opportunities, as the nearshore habitat for sand lance and other small fish is fairly uniform around the Bay. Therefore, construction and operation of the proposed Lynwood WWTF Diffuser Replacement Project may affect, but is unlikely to adversely affect marbled murrelets and will have no effect on critical habitat for marbled murrelets, which is generally limited to the immediate vicinity around known nesting areas. 7 June, 2095 10 Candidate Species • Pacific fisher: Prior to 1940, fishers inhabited densely forested areas in the lower 48 states including Washington Trapping has nearly eliminated this species. They generally inhabit heavily forested areas where they prey upon porcupines. Fishers were once present in the Olympics, but whether they are present there today is uncertain (Mathews 1999). It is very unlikely that fishers are present near the Lynnwood WWTF due to the level of development in the area. Fishers would not be present 1,000 feet offshore at the construction site. Therefore, the proposed project will not jeopardize the continued existence of the fisher. Oregon spotted frog According to the WDFW Species of Concern Webpage, Management Recommendations for Washington Priority Species (WDFW November-97) Oregon spotted frogs were once widespread in the Puget Sound Region. They are almost entirely aquatic in habit and they inhabit marshes and the shallow margins of ponds, streams and lakes. These frogs hibernate in muddy bottoms near breeding sites during the winter. There are no freshwater ponds or lakes in the immediate vicinity of the Lynnwood WWTF, which is surrounded by landward developed areas and the marine waters of Brown's Bay/Puget Sound. Oregon spotted frogs are not present in the marine waters of Brown's Bay, so the proposed project will not jeopardize the continued existence of Oregon spotted frogs. • Yellow -billed cuckoo On July 25, 2001 the US Fish and Wildlife Service issued a one-year petition finding that the western yellow -billed cuckoo warranted listing as threatened throughout its range, but that this listing is precluded by other higher priority actions. According to the Washington Department of Fish and Wildlife Priority Species and Habitats Website (visited 1-1 G-03), The range of the western yellow - billed cuckoo includes WDFW Habitat Regions 1, 2 and 4, which correspond to Eastern Washington, North Central Washington and the North Puget Sound regions. It is possible that yellow -billed cuckoos could fly to the Lynnwood WWTF as the riparian habitat favored by this species could be present along Lund's Gulch or the Snake Creek ravine inland of the facility. It is unlikely that these birds would spend any significant amount of time 1,000 feet offshore near the proposed project area. The riparian habitat favored by this species is not present in the marine waters of Browns Bay. Therefore, the proposed project will not jeopardize the continued existence of the yellow -billed cuckoo. Listed Species under the Jurisdiction of the National Marine Fisheries Service, (from the NMFS Northwest Region Webpage, visited August 20, 2009). • Steller Sea Lion, Eumetopias juhatus, Steller sea lions eat a variety of fishes, invertebrates and other pinnipeds. Known predators are orca (killer) whales and white sharks. The current population of Steller sea lions is about 40,000, with about 500 living in California. The entire population was listed as "threatened" in 1990, and the Western U.S. stock was listed as "endangered in 1997. Researchers believe that a decline in prey fish species (due to expanding Alaskan fisheries) may be the foremost cause of the decline 7 June 2005 in population. Incidental take (drowning or entanglement in nets), or intentional take (gunshot) are other possible reasons for the Steller's decline (Marine Mammal Center, 2001). Steller sea lions are found throughout the North Pacific Rim from Japan to central California. Steller sea lions tend to remain offshore or haul out in unpopulated areas. Breeding occurs along the north Pacific Rim from Ano Nuevo .Island in central California to the Kuril Islands North of Japan, with the greatest concentration of rookeries in the Gulf of Alaska and Aleutian Islands. In Washington, Steller sea lions are found on rocks and islands offshore of the north and west coasts of the Olympic Peninsula. They may rarely venture as far inland as Brown's Bay on Puget Sound. While Steller sea lions are unlikely to be present in the project area during replacement of the Lynwood WWTF outfall diffuser, it is possible that they could be present offshore. Underwater noise generated by construction activities could drive Steller sea lions away from the area. Steller sea lions are mobile enough to avoid construction -related disturbances. Construction and the long-term presence of the new outfall diffuser would not be likely to cause Steller sea lions to miss feeding opportunities in the mid -Puget Sound Region, due to the presence of similar habitat nearby. Therefore the proposed replacement of the Lynnwood WWTF diffuser may affect, but is unlikely to adversely affect Steller sea lions that rarely find their way to Brown's Bay. • Puget Sound chinook salmon, Oncorhynch.us tshahjtscha, Adult chinook salmon utilize the waters of Puget Sound and Brown's Bay for foraging and transportation throughout the year. Juvenile chinook salmon forage in Puget Sound from the early spring through mid -summer. Replacement of the Lynnwood WWTF outfall diffuser during the in -water work window will avoid significant adverse impacts to out -migrating juvenile salmonids that may be present inshore of the project area during construction. Noise generated by construction equipment may cause salmon to avoid the immediate construction area during construction activities, but is unlikely to cause them to miss feeding opportunities due to the similarity of habitat and prey in adjacent inshore areas not impacted by the project. Presence of the completed project will potentially improve water quality along the shoreline of Brown's Bay near the Lynnwood WWTF and construction will have minimal potential to impact salmonids, as the construction site is located more than 1,000 feet offshore. Therefore, replacement of the Lynnwood WWTF outfall diffuser may affect, but is not likely to adversely affect chinook salmon. • Puget Sound steelhead, Oncorhynchus mykiss, Adult steelhead utilize the waters of Puget Sound and Browns Bay for foraging and transportation. Juvenile steelhead forage in Puget Sound where they feed ill the shallows from early spring through mid -summer. Steelhead move into deeper water in the late summer and fall. Noise generated during construction may cause steelhead to avoid the project area until noise levels return to pre -construction conditions; however, it is unlikely to cause there to miss feeding opportunities, as similar foraging habitat is located nearby. Once construction is complete and the new diffuser is in service, nearshore water quality in the vicinity of the outfall may improve, as the outfall is more than 1,000 feet offshore of areas utilized by steelhead and other salmonids. 7 June 2005 12 Therefore, the replacement of the Lynnwood WWTF outfall diffuser may affect, but is not likely to adversely affect Puget Sound steelhead. Puget Sound chinook salmon and Puget Sound steelhead: Critical Habitat for Puget Sound chinook salmon and Puget Sound steelhead, According to the Endangered & Threatened Species Designation of Critical Habitat for 1.2 ESUs of JVest Coast Salmon and Steelhead, FR September 2, 2005 (Volume 70 No 170), critical habitat for salmonids has been designated throughout most of Puget Sound inshore of the 30 meter depth contour to the higher high tide line. Replacement of the diffuser for the Lynnwood WWTF will take place just offshore of the 30 meter contour. So while the work does not directly affect critical habitat for Puget Sound chinook salmon or Puget Sound steelhead, these species could be affected by noise and activity caused by construction. The National Marine Fisheries Service has established six Primary Constituent Elements of Critical Habitat for chinook salmon. PCEs 4 through G apply to chinook salmon in Browns Bay near Lynnwood, Washington. 4. Estuarine areas free of obstruction with water quality, water quantity, and salinity conditions supporting juvenile and adult physiological transitions between freshwater and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels; and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation: Estuarine conditions associated with Lund's Gulch and the ravine inland from the Lynnwood WWTF would not be adversely impacted by the replacement of the WWTF outfall diffuser, which would occur approximately 1,000 feet offshore. The waters inshore of the project area receive freshwater input from these waterways during winter and spring high -flow events. Other than minor short-term increases in turbidity during removal of the existing outfall and anchor structures and installation of the similar -sized HDPE replacement diffuser, the proposed project will not adversely impact habitat where foraging and physiological transitions for chinook salmon moving between freshwater and saltwater environments occur. The proposed improvements will have not affect side channels or overhanging large wood. 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: The City of Lynnwood replaced the nearshore portion of their WWTF Outfall in 1996, so water quality in the areas where juvenile salmonids are most likely to forage are not currently adversely impacted. Potential impacts to nearshore water quality and foraging conditions for chinook salmon associated with installation of the new outfall diffuser would be minimal, as the project water quality impacts will be limited to minor, short-term increases in turbidity in the immediate vicinity of the diffuser at least 1,000 feet offshore. A small amount of marine, mud, sand and gravel will be dislodged during removal of the existing diffuser. This sediment will settle to the bottom within 100 yards of the project, as it will occur in over 100 feet of water where wave action is unlikely to stir up the bottom. Installation of the HDPE has the potential to provide a similar amount of hard substrate habitat for marine invertebrates and algae as the existing CMP. Therefore, aquatic vegetation and cover for juvenile salmonids present in the intertidal zone inshore of the project area will be preserved during installation of the new outfall diffuser and operation of the Lynwood WWTF with the new outfall in place. 7 June 2005 13 G. Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation: Replacement of the Lynnwood WWTF outfall diffuser would require removal of the existing diffuser pipeline and the invertebrate and algae assemblage that has accumulated over the years. The new HDPE diffuser and anchor system will develop a similar invertebrate assemblage over the course of the first few years after installation. It should be noted that loss of this invertebrate assemblage is not likely to adversely impact salmon foraging due to the depth of the diffuser and its distance offshore, which extends offshore from approximately -100 feet MLLW; whereas salmon generally forage in areas where light penetrates to the bottom, i.e. areas less than 100 feet in depth. Based on this analysis, the proposed replacement of the Lynnwood WWTF outfall diffuser with a new HDPl3 structure of similar size and function will result in no destruction or adverse modification of designated critical habitat for Puget Sound chinook salmon or potential critical habitat for steelhead in Browns Bay near the Lynnwood WWTF. • Southern Resident Orea Pod (Killer whale), Oreinus orea, While the Southern Resident Orea Pod spends the majority of its time in the Puget Sound in the vicinity of the San Juan Islands during the spring and summer, they occasionally travel south through Puget Sound while foraging for salmon and other food sources. Orcas may pass through the waters offshore of Brown's Bay at any time. Orcas in the vicinity of the Lynnwood Outfall Replacement Project would be able to avoid most of the noise generated by construction. Movement of equipment and rocks using heavy machinery is likely to be heard underwater for some distance and could cause orcas to avoid the area. The proposed project is unlikely to cause members of the Southern Resident Pod to miss feeding opportunities in the Central Puget Sound, due to the size of the water body and the presence of similar foraging habitat nearby. Therefore, the proposed Replacement of the Lynnwood WWTF outfall diffuser may affect, but is unlikely to adversely affect the Southern Resident Orca Pod offshore in Puget Sound. 14. Conservation measures: Conservation measures are measures that would reduce or eliminate adverse impacts of the proposed activity (examples: work done during the recommended work window [to avoid times when species are most likely to be in the area], silt curtain, erosioncontrol best management practices, percent grating oil a pier to reduce shading impacts). Conservation measures designed to minimize potential impacts to listed species include: • Laura A.rber, WDFW Habitat Biologist, indicated that no in -water work timing restrictions would be enforced by WDFW due to the location of the diffuser replacement project, more than 1,000 feet offshore. The proposed Lynnwood WWTF Outfall Diffuser Replacement Project will be built during the in -water work window established by the Corps of Engineers for marine waters near Edmonds, Washington; which extends from July 16 through February 16. Working during this window would protect marbled murrelets and juvenile salmonids in the vicinity of Brown's Bay. • Construction vessels and equipment will be equipped with spill cleanup kits and operators shall be trained their use. 7 June 2005 14 15. Determination of Effect: Listed Species: Construction activities offshore of the Lynnwood WWTF may cause species dependent upon the marine environment to avoid the waters in the immediate vicinity of the project area during daylight hours for a few weeks during the WDFW In -water Construction Window. Conditions of the Hydraulic Project Approval from WDFW and the Rivers & Harbors Act, Section 10 Permit from US Army Corps of Engineers will likely allow in -water work between July 16 and February 16 to protect marbled murrelets, Puget Sound chinook salmon and Puget Sound steelhead. Therefore, the proposed replacement of the existing Lynnwood WWTF outfall diffuser may affect, but is unlikely to adversely affect the following listed species that may be present in the marine waters of Brown's Bay: • Southern resident orca pod • Steller sea lion • Puget Sound chinook salmon • Puget Sound steelhead • Puget Sound bull trout • Marbled murrelet The limited scope of the proposed project, which will replace the Lynnwood WWTF diffuser, limits the potential for adverse impacts to listed species to the immediate project area. Further, the distance offshore the diffuser replacement will take place will Iimit the potential for adverse impacts to listed species present in Brown's Bay on Puget Sound. Therefore, replacement of the Lynnwood WWTF Outfall will have no effect on the following species, which do not occur in marine areas: • Canada lynx • Gray wolf • Grizzly bear • Marbled murrelet • Northern spotted owl Critical Habitat: • Based on this analysis, the proposed demolition and removal of the existing Lynnwood WWTF outfall diffuser will result in no destruction or adverse modification of designated critical habitat for bull trout in the Snohomish River Watershed upstream of the City of Lynnwood or on the North Fork of the Stillaguamish River. 7 June 2005 15 • Further, the proposed Lynnwood WW'1T Outfall Diffuser Replacement Project will result in no destruction or adverse modification of designated critical habitat for Puget Sound Chinook salmon and potential Puget Sound steelhead critical habitat in Brown's Bay west of the Lynnwood W W IT . Proposed Species: Because the species proposed for listing in Snohomish County are either unable or unlikely to access the project area offshore in Brown's Bay in Puget Sound, the proposed WWTF diffuser replacement project will not jeopardize the continued existence of the following species: • Pacific fisher • Oregon spotted frog • Yellow -billed cuckoo 16. EFH Analysis Essential Fish Habitat (CFI-1) is broadly defined by the Act (now called the Magnuson -Stevens A ct 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 19971nterim 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 il'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. Introduction: This Essential Fisheries Habitat Assessment is being prepared to satisfy the provisions of the Magnuson -Stevens Act. The Act requires an analysis of the potential impacts of construction and operation of the City of Lynnwood WWTF Outfall Diffuser Replacement Project on chinook, coho and pink salmon. An analysis of the potential impacts to groundfish and coastal pelagic species with designated Essential Fisheries Habitat in Puget Sound will also be provided. The Rivers & Harbors Act, Section 10 Permit for improvements to the City of Lynnwood WWTF outfall diffuser is the federal nexus for this project. The Biological Evaluation for this project made the following conclusion pertinent to this Habitat Assessment: • The City of Lynnwood's proposed Wastewater Treatment Facility Outfall Diffuser Replacement may affect, but is unlikely to adversely affect Puget Sound bull trout, Puget Sound steelhead and Puget Sound chinook salmon. 7 June 2005 IG A. Effects of the Proposed Action Effects on EFH for Salmon: The proposed replacement of the Lynnwood WWTF Outfall Diffuser will not change the benthic surface substrate composition, compared to the existing CMP pipe diffuser. Juvenile salmonids that may be present in the shallow areas in -shore of the project area are unlikely to be adversely affected. Adult chinook, coho and pink salmon are unlikely to be affected by the project, as they are highly mobile and capable of avoiding disturbance caused by construction Sand lance, an important prey organism for salmonids, may occasionally spawn in the intertidal sands in -shore of the Lynnwood WWTF Outfall Diffuser (Priority Habitats & Species Maps, WDFW 10-24-05). According to Laura Arber, WDFW Marine Habitat Biologist, work on the outfall approximately 1,000 feet off -shore will not be subject to timing restrictions for protection of juvenile salmonids or sand lance spawning habitat (Personal communication July 2009). Once the new outfall diffuser is completed and the construction equipment is removed from the work area, salmon would no longer avoid the project area and would be able to directly access forage fish along the shore. Therefore, the proposed project will have no adverse effect on EFH for salmon that may pass through the project area. Effects on EFI-I for Groundfish: Groundfish species most likely to be present in Brown's Bay near the project area would include lingcod and other hexagrammids, starry flounders and other flatfish and a variety of rockfish species, skates and rays. These species are well adapted to the Habitat around the existing WWTF Outfall Diffuser and are not likely to be adversely affected by the minor increase in turbidity associated with proposed removal of the existing metal pipe and subsequent replacement with a new HDPE diffuser. Similarly, these species are fairly mobile and should be able to avoid short-term disturbances caused by construction. Once construction is complete, operation of the new outfall diffuser should improve water quality in the project area, which should benefit and have no adverse effect on EFH for groundfish. Effects on EFH. for Offshore Pelagic Species: Offshore pelagic fish and squid species are not likely to spend a significant amount of time in the vicinity of the Lynwood WWTF diffuser, which is around 1,000 feet offshore. Squid in Puget Sound only approach the surface during the winter nights, while proposed diffuser construction will occur during the summer to early fall in -water work window established by the US Army Corps of Engineers. Therefore, the proposed replacement of the will have no adverse effect on EFH for Offshore Pelagic Species. 7 June 2005 17 B. Proposed Conservation Measures Conservation measures designed to minimize potential impacts to Essential Fisheries Habitat include: • Construction vessels and equipment will be equipped with spill cleanup kits and operators shall be trained their use. • Work will be conducted in accordance with the Hydraulic Project Approval issued for this project by the Washington Department of Fish & Wildlife. • The existing outfall diffuser and anchoring system will be removed from the benthic surface prior to installation of the new diffuser structure. • Construction equipment shall be stored in upland areas away from the beach when not in use. This equipment will be removed from the project area on the barge when construction is complete. C. Conclusions Demolition of the existing Lynnwood WWTF Outfall Diffuser and construction of a new diffuser of the same design, but consisting of HDPE pipe approximately 1,000 feet off -shore of the WWTF will have minimal potential for temporary adverse impacts to EFH for Pacific salmon, groundfisb and offshore pelagic species. Once construction is complete and the new outfall is in place, potential for adverse impacts to juvenile salmonids migrating along the shoreline, benthic groundfish near the diffuser and off -shore pelagic species that may pass through the project area on rare occasions will be reduced, as nearshore water quality is likely to be improved. Therefore the proposed project will have no effect on EFH for Pacific salmon, groundfish or offshore pelagic species. 7 June 2005 18 17. References: Federal Register 2005. Endangered and Threatened Wildlife: Designation of Critical Habitat for the Bull Trout, Volume 70, No. 185, September 26. Federal Register 2005. Endangered and Threatened Wildlife: Designation of Critical Habitat for 12 EVolutionari4y Significant Units of West. Coast Salmon. and Steelhead in. Washington, Oregon. and California, Volume 70, No. 170, September 2. Federal Register 2005. Endangered and Threatened Species: Final Listing Determinations for 16 ESUs of West Coast Salmon, and Final 4(d) Protective Regulations for Threatened Salmonid ESUs, Volume 70, No. 123, Jude 28. Gray & Osborne, Inc. 2002. Biological Evaluation for Storinwater Outfall & Emergency Access Ramp Installation for the City of Normandy Park and the Steele Family, prepared for consultation with the US Fish & Wildlife Service, Seattle Office, January. Gray & Osborne, Inc. 2001. Biological Assessment for the Hat Island Reverse Osmosis Water Treatment Plant Marine Outfall, Seattle Office, November 26. Hart, J.L. 1973. Pacific Fishes of Canada, Fisheries Research Board of Canada, Bulletin 180, Ottowa, Ontario, Canada. Hogarth, William T., Ph.D., 2001. National Finding for use of Endangered Species Act, Section 7 Consultation Process to Complete Essential Fish Habitat Consultations, National Marine Fisheries Service, February 28. Jacobson, J.E., J.C. Lewis & M.C. Snyder 2003. Assessment of Fisher Habitat in Washington State: Tier 1 and Tier 1 Final Report, for Washington Department of Fish & Wildlife. August 29, King County Department of Natural Resources 2000. Literature Review and Recommended Sampling Protocol for Bull Trout in King County, R2 Resource Consultants, Seattle, WA. May. Kreamer, Kurt 1999. Bull Trout in the Snohomish River System, WDFW Mill Creek Office, July. Kreamer, Kurt 1999. Chinook Salmon in the Snohomish. River System, WDFW, Mill Creek, July. Marine Mammal Center Website 2001. Steller Sea Lion (Eumetopias.jubatus), www.tmiiic.orc!!Stellersl.lrtui. 11-27-01. Mathews, Daniel 1999. Cascade-Olyinpic Natural History, A Trailside Reference, Second Edition, Raven Editions, Portland, Oregon. National Marine Fisheries Set -vice Website 2009. Marine Mammal, ESA Salmon Listings azld Magnuson -Stevens M.SA sites, visited July -September. 7 June 2005 19 NOAA Fisheries WebPage 2005, Fisheries Agency Lists Puget Sound Killer Whales as Endangered, November 15. Penttilla, Daniel 1995. Fish Population Assessment Methods, Status & Trends, Investigations of the Spawning Habitat of the Pacific Sand Lance, (Anmrodytes hexapterus) in. Puget Sound, Puget Sound Research 1995 Proceedings, Meydenbauer Center, Bellevue, Washington, Puget Sound Water Quality Authority, January 12-14. Smith, Jonathan 2009. Discussion regarding ACOE-approved in -water work window for Browns Bay, Personal communication US Army Corps Regulatory, Seattle, November 6. Snohomish County 2005. SEPA Checklist for Replacement of Division H Access Road Bulkhead, prepared by Skip Stienstra of the Hat Island Community, July. Thompson, Doug 2005. Personal communication regarding construction timing restriction for the protection of sandlance spawning habitat on Hat Island. WDFW Habitat Biologist, LaConner Office, November 21, December 12. US Army Corps of Engineers 2004. Section 10 Permit approval letter for the Hat Island Reverse Osmosis Treatment Plant Outfall, Seattle Office, March 17. Washington Department of Fish & Wildlife 2005. Priority I1abitat & Species Map; Oyster, Clam, Geoduck & Abalone Map; and Dungeness Crab, Pandalid Shrimp & Sea Urchin Map for the Vicinity of Township 29 North, Range 4 East, Section 8, Olympia Office, October 24. Washington Department of Fish and Wildlife 2003. Priority Species List Web Site (Yellow - billed cuckoo) visited January 16. Washington Department of Fish & Wildlife 2001. Documented Spawning Beaches of the Pacific herring Clu ea , Suf f smelt (I-1 omesu3 and Pacific sand lance (Ainmodytes) in Snohomish County, Washington, Dan Penttilla, La Conner, March. Washington Department of Fish &Wildlife 1998. Salmonr'd Stock Inventor .y: Appendix, Bull Trout and Dolly Varden, Olympia, Washington July. Washington Department of Fish & Wildlife 1994. Salmon and Steelhead Stock Inventory: Appendix 1 Puget Sound Stocks, North Puget Sound Volume, Olympia, Washington, June. Williams & Williams 1975. A Catalog of Washington Streams and Salmon Utilization, Volume 1, Puget Sound Region, Washington Department of Fisheries. 7 June 2005 PIC, 18. Appendices: As needed include mitigation, revegetation plans, monitoring plans, results olf studies, water• quality informatinn, etc. Corps Project Manager Date Corps Environmental Analyst/13SA Coordinator mate 7 lone 2005