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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 Section 7 ESA Page 4