The URL can be used to link to this page

Home My WebLink About6905 172nd St NE_PWD343_2025 AGENCY USE ONLY Date received: WASHINGTON STATE Joint Aquatic Resources Permit Agency reference #: 1,2 Tax Parcel #(s): Application (JARPA) Form USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. Part 1â€“Project Identification 1. Project Name (A name for your project that you create. Examples: Smithâ€™s Dock or Seabrook Lane Development) [help] Atonement Free Lutheran Church Part 2â€“Applicant The person and/or organization responsible for the project. [help] 2a. Name (Last, First, Middle) Furstenwerth, John 2b. Organization (If applicable) Atonement Free Lutheran Church 2c. Mailing Address (Street or PO Box) 6905 172nd Street NE 2d. City, State, Zip Arlington, WA 98223 2e. Phone (1) 2f. Phone (2) 2g. Fax 2h. E-mail (360) 815-2880 ( ) ( ) jsfurst@comcast.net 1Additional forms may be required for the following permits: ï‚· If your project may qualify for Department of the Army authorization through a Regional General Permit (RGP), contact the U.S. Army Corps of Engineers for application information (206) 764-3495. ï‚· If your project might affect species listed under the Endangered Species Act, you will need to fill out a Specific Project Information Form (SPIF) or prepare a Biological Evaluation. Forms can be found at http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PermitGuidebook/EndangeredSpecies.aspx. ï‚· Not all cities and counties accept the JARPA for their local Shoreline permits. If you need a Shoreline permit, contact the appropriate city or county government to make sure they accept the JARPA. 2To access an online JARPA form with [help] screens, go to http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx. For other help, contact the Governorâ€™s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@ora.wa.gov. JARPA Revision 2012.2 Page 1 of 16 Part 3â€“Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11b of this application.) [help] 3a. Name (Last, First, Middle) Emenhiser, Louis 3b. Organization (If applicable) Acre Environmental Consulting, LLC 3c. Mailing Address (Street or PO Box) 17715 28th Avenue NE 3d. City, State, Zip Lake Forest Park, Washington 98155 3e. Phone (1) 3f. Phone (2) 3g. Fax 3h. E-mail (206) 450-7746 ( ) ( ) louis@acreenvironmental.com Part 4â€“Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. [help] X Same as applicant. (Skip to Part 5.) Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you donâ€™t know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization. 4a. Name (Last, First, Middle) 4b. Organization (If applicable) 4c. Mailing Address (Street or PO Box) 4d. City, State, Zip 4e. Phone (1) 4f. Phone (2) 4g. Fax 4h. E-mail ( ) ( ) ( ) JARPA Revision 2012.2 Page 2 of 16 Part 5â€“Project Location(s) Identifying information about the property or properties where the project will occur. [help] There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) [help] X Private Federal Publicly owned (state, county, city, special districts like schools, ports, etc.) Tribal Department of Natural Resources (DNR) â€“ managed aquatic lands (Complete JARPA Attachment E) 5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [help] 6905 172nd Street NE 5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [help] Arlington, WA 98223 5d. County [help] Snohomish 5e. Provide the section, township, and range for the project location. [help] Â¼ Section Section Township Range SW 23 31N 5E 5f. Provide the latitude and longitude of the project location. [help] ï‚· Example: 47.03922 N lat. / -122.89142 W long. (Use decimal degrees - NAD 83) 48.1539 N lat / -122.1372 W long 5g. List the tax parcel number(s) for the project location. [help] ï‚· The local county assessorâ€™s office can provide this information. 31052300300900 & 31052300301900 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) [help] Name Mailing Address Tax Parcel # (if known) Arlington Investors A13179 LLC 628 Lakeview Shores Loop 31052300300800 Mooresville, NC 28117 Climaco William & Tina 2509 169th Street NE 00870600013800 Marysville, WA 98271 Case Richard 17415 Highland View Drive 00870600013700 Arlington, WA 98223 Please see Attachment C JARPA Revision 2012.2 Page 3 of 16 AGENCY USE ONLY WASHINGTON STATE Date received: Joint Aquatic Resources Permit Application (JARPA) [help] Agency reference #: Tax Parcel #(s): Attachment C: Contact information for adjoining TO BE COMPLETED BY APPLICANT [help] property owners. [help] Project Name: Atonement Free Lutheran Location Name (if applicable):___________ Use this attachment only if you have more than four adjoining 6905 172nd St. NE Arlington, WA 98223 property owners. _____________________________________ Use black or blue ink to enter answers in white spaces below. 1. Contact information for all adjoining property owners. [help] Name Mailing Address Tax Parcel # (if known) Bergman Michael L 17419 Highland View Drive 00870600013600 Arlington, WA 98223 Ellinger Lukas 31808 W. Lake Ketchum 00870600013500 Stanwood, WA 98292 Espiet Emilio 17431 Highland View Drive 00870600013400 Arlington, WA 98223 Franchi F A 17505 Highland View Drive 00870600013300 Arlington, WA 98223 Zwirner Mark & Janet 17511 Highland View Drive 00870600013200 Arlington, WA 98223 Jackson Dennis 17517 Highland View Drive 00870600013100 Arlington, WA 98223 Harrington David & Rachel 17523 Highland View Drive 00870600013000 Arlington, WA 98223 Larsen Sheila 17529 Highland View Drive 00870600012900 Arlington, WA 98223 Anderson Phillip M & Amanda B 6900 Upland Drive 00870600011400 Arlington, WA 98223 Morgan Joshua Scott 6906 Upland Drive 00870600011300 Arlington, WA 98223 JARPA Attachment C Revision 2012.2 Page 1 of 1 Nichol William M SR 6912 Upland Drive 00870600011200 Arlington, WA 98223 Tyson Aaron E 6918 Upland Drive 00870600011100 Arlington, WA 98223 Falk Winfried & Genevieve 6922 Upland Drive 00870600011000 Arlington, WA 98223 Kinney Bruce L & Dawn R 7023 172nd Street NE 31052300302300 Arlington, WA 98223 Peterson Clifton C 7019 172nd Street NE 31052300302200 Arlington, WA 98223 If you require this document in another format, contact the Governorâ€™s Office for Regulatory Innovation and Assistance (ORIA) at (800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833-6341. ORIA publication number: ENV-022-09 rev. 08/2013 JARPA Attachment C Revision 2012.2 Page 1 of 1 5i. List all wetlands on or adjacent to the project location. [help] There are three wetlands located on the subject site. Wetland A is a Category IV wetland, Wetland B/C is a Category III wetland associated with a Type Ns stream, and Wetland D is a Category II wetland per the City of Arlington and Department of Ecology (DOE) ratings. 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [help] A Type Ns stream flows west through Wetland B/C. 5k. Is any part of the project area within a 100-year floodplain? [help] Yes X No Donâ€™t know 5l. Briefly describe the vegetation and habitat conditions on the property. [help] The southern parcel is occupied by an existing church with associated parking and outbuildings, while the northern parcel is undeveloped, comprised of a mixture of native forest and Himalayan blackberry. Vegetation in the southern and eastern portions of the undeveloped parcel, is represented by a canopy of red alder (Alnus rubra, Fac) with salmonberry (Rubus spectabilis, Fac), osoberry (Oemleria cerasiformis, FacU), Himalayan blackberry (Rubus armeniacus, FacU), and bracken fern (Pteridium aquilinum, FacU), in the understory. Vegetation in the northwestern portion of the undeveloped parcel is dominated by Himalayan blackberry. As a result of its developed condition, the southern parcel provides little in the way of wildlife habitat. The northern parcel provides some wildlife habitat due to an undisturbed connection between wetland and upland habitats and the presence of established native vegetation. Habitat values in this area are somewhat limited by the prevalence of invasive Himalayan blackberry and proximity to adjacent development which surrounds much of the property. For a more detailed description of the vegetation and habitat descriptions on this site, please refer to the Critical Area Study for Atonement Free Lutheran Church prepared by Acre Environmental Consulting, LLC and dated December 19, 2014 5m. Describe how the property is currently used. [help] The southern parcel is currently occupied by an existing church with associated parking and outbuildings, while the northern parcel is undeveloped, comprised of a mixture of native forest and Himalayan blackberry. 5n. Describe how the adjacent properties are currently used. [help] The adjacent properties are used for single-family residential development. JARPA Revision 2012.2 Page 4 of 16 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. [help] The northern parcel is undeveloped and does not contain structures. The southern parcel contains the existing church building with associated parking as well as a manufactured home and an associated garage. 5p. Provide driving directions from the closest highway to the project location, and attach a map. [help] From Interstate 5 Take exit 206 to merge onto WA-531 E / 172nd Street NE toward Arlington. Proceed east on WA-531 E / 172nd Street NE for approximately 2.3 miles. The subject site is on the left approximately 0.16 miles past the intersection of 172nd Street NE and 67th Avenue NE. Part 6â€“Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. [help] To support existing church activities, the applicant is proposing to construct additional parking and a play field on the northern parcel. To access this area, it is necessary to construct a road across Wetland B/C and the associated Type Ns stream. As a result of the location of Wetland B/C and the Type Ns stream in relation to the subject site and existing roads, there is no way to access the northern parcel without crossing these features. This wetland and stream crossing has been located and designed by the site engineer to have the minimum impact possible on the subject critical areas. As a base for the road, large rock will be placed in the wetland. This is intended to provide gaps that will allow water in the wetland to flow freely under the road, thereby, maintaining the hydrologic connectivity of the wetland. Construction of the road in this location will result in permanent impacts to 4,983 square feet (0.11 acres) of Wetland B/C (City of Arlington and DOE Category III rating) and 3,759 square feet (0.086 acres) of associated buffer, and will necessitate placing a portion of the Type Ns stream in a culvert. The applicant is proposing to convey the Type Ns stream under the proposed road via a 35-foot long, twelve inch diameter culvert, as designed by the site engineer. Placement of the proposed road in this location will cross the wetland at its narrowest point and will limit wetland impacts to the greatest JARPA Revision 2012.2 Page 5 of 16 extent possible. As mitigation for the proposed buffer impacts, the applicant is proposing to designate a total of 4,667 square feet of additional, equivalent quality buffer on the subject site. As mitigation for the 4,983 square feet (0.11 acres) of permanent wetland impacts, the applicant is proposing to purchase credits at the Skykomish Habitat Mitigation Bank pursuant to AMC 20.93.840(c). Finally, to improve habitat functions on the subject site, the applicant is proposing to plant a total of 170 conifer trees throughout the on-site portion of Wetland B/C. 6b. Describe the purpose of the project and why you want or need to perform it. [help] The purpose of this project is to cross the on-site Wetland B/C and the associated Type Ns stream to access the northern portion of the property which is proposed to be used for additional parking and a playfield. 6c. Indicate the project category. (Check all that apply) [help] Commercial Residential X Institutional Transportation Recreational Maintenance Environmental Enhancement 6d. Indicate the major elements of your project. (Check all that apply) [help] Aquaculture X Culvert Float Retaining Wall (upland) Bank Stabilization Dam / Weir Floating Home X Road Boat House Dike / Levee / Jetty Geotechnical Survey Scientific Boat Launch Ditch X Land Clearing Measurement Device Boat Lift Dock / Pier Marina / Moorage Stairs Bridge Dredging Mining Stormwater facility Bulkhead Fence Outfall Structure Swimming Pool Buoy Ferry Terminal Piling/Dolphin Utility Line Channel Modification Fishway Raft Other: JARPA Revision 2012.2 Page 6 of 16 6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. [help] ï‚· Identify where each element will occur in relation to the nearest waterbody. ï‚· Indicate which activities are within the 100-year floodplain. The applicant is proposing to construct additional parking and a play field on the northern parcel. To access this area, it is necessary to construct a road across Wetland B/C and place a portion of the associated Type Ns stream in a culvert. The road and culvert will occur adjacent to the Type Ns stream. As the site is not located within a 100-year floodplain, no activity will occur within these areas. For details concerning the specific construction techniques and sequencing, please refer to the site engineerâ€™s plans. 6f. What are the anticipated start and end dates for project construction? (Month/Year) [help] ï‚· 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: May 1, 2015 End date: July 30, 2015 See JARPA Attachment D 6g. Fair market value of the project, including materials, labor, machine rentals, etc. [help] $125,000 6h. Will any portion of the project receive federal funding? [help] ï‚· If yes, list each agency providing funds. Yes X No Donâ€™t know Part 7â€“Wetlands: Impacts and Mitigation X Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) [help] 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help] Not applicable As a result of the location of Wetland B/C and the Type Ns stream in relation to the subject site and existing roads, there is no way to access the northern parcel without crossing these features. This wetland and stream crossing has been located and designed by the site engineer to have the minimum impact possible on the subject critical areas. As a base for the road, large rock will be placed in the wetland. This is intended to provide gaps that will allow water in the wetland to flow freely under the road, thereby, maintaining the hydrologic connectivity of the wetland. The applicant is proposing to convey the Type Ns stream under the proposed road via a 35-foot long, twelve inch diameter culvert, as designed by the site engineer. Placement of the proposed road in this location will cross the wetland at its narrowest point and will limit wetland impacts to the greatest extent possible. 7b. Will the project impact wetlands? [help] X Yes No Donâ€™t know 7c. Will the project impact wetland buffers? [help] X Yes No Donâ€™t know JARPA Revision 2012.2 Page 7 of 16 7d. Has a wetland delineation report been prepared? [help] ï‚· If Yes, submit the report, including data sheets, with the JARPA package. X Yes No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help] ï‚· If Yes, submit the wetland rating forms and figures with the JARPA package. X Yes No Donâ€™t know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help] ï‚· If Yes, submit the plan with the JARPA package and answer 7g. ï‚· If No, or Not applicable, explain below why a mitigation plan should not be required. X Yes No Not applicable 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [help] The goal of the mitigation plan is to off-set wetland and buffer impacts resultant from construction of an access road through the Category III Wetland B/C and its associated buffer. Through site design and careful construction practices, on-site impacts will be minimized to the greatest extent practicable. The document Selecting Wetland Mitigation Sites Using a Watershed Approach (Washington State Department of Ecology Publication #09-06-032) was used to help determine appropriate mitigation. Because no watershed plan is known to exist for this basin, Chart 2: Analyzing Potential Wetland Mitigation Sites Without a Watershed Plan located on page 12 of this document was used. Based on this chart, watershed processes in the basin are considered to be permanently altered due to its location in the City of Arlington. Per discussions with City of Arlington staff, mitigation banking is allowed and there is no requirement to replace some functions and services within the urban growth area. Based on this, the applicant is proposing to purchase credits from the Skykomish Habitat Mitigation Bank as mitigation for the on-site wetland impacts. By using this approved mitigation bank, the applicant will purchase credits for mitigation that has already been installed and is known to be functional. The mitigation bank is professionally managed and closely overseen by the state and federal governments so the long term success of the mitigation and the subsequent functional lift in the Snohomish River watershed is assured. Mitigation for buffer impacts is offered through designating additional, equivalent quality area as buffer on the subject site. Finally, the applicant is proposing to improve the overall level of functions and values provided by the on-site wetland by planting native trees throughout the on-site portion of Wetland B/C. 7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below) where we can find this information in the plan. [help] Activity (fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name1 type and area (sq. of impact3 mitigation mitigation area flood, etc.) rating ft. or type4 (sq. ft. or category2 Acres) acres) Fill B/C III 4,983 sf permanent Mitigation 4,983 sf (0.11 bank (0.11 acres) acres) 1 If no official name for the wetland exists, create a unique name (such as â€œWetland 1â€). The name should be consistent with other project documents, such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. 3 Indicate the days, months or years the wetland will be measurably impacted by the activity. Enter â€œpermanentâ€ if applicable. 4 Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In-lieu fee (B) JARPA Revision 2012.2 Page 8 of 16 Page number(s) for similar information in the mitigation plan, if available: Please refer to the Critical Area Study for Atonement Free Lutheran Church prepared by Acre Environmental Consulting, LLC and dated December 19, 2014 (pages 2 & 9). This information can also be found in the Bank Use Plan for Atonement Free Lutheran Church prepared by Acre Environmental Consulting, LLC and dated December 19, 2014. 7i. For all filling activities identified in 7h, 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 placed into the wetland. [help] The applicant is proposing to place approximately 500 cubic yards of fill material in the on-site Category III Wetland B/C. Following the installation of silt fence and other appropriate erosion control measure as determined by the site engineer, the roadway will be cleared, the stream will be placed in the proposed culvert, and large rock will be placed in the proposed wetland impact area to provide a base for the road. The surface of the road will then be constructed on top of the rock. All other fill material will be derived from the on-site cut. 7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. [help] Part 8â€“Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, â€œwaterbodiesâ€ refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [help] X 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. [help] Not applicable Construction of the access road through Wetland B/C will require placing a portion of the associated Type Ns stream in a culvert. The applicant is proposing to convey the Type Ns stream under the proposed road via a 35- foot long, twelve inch diameter culvert, as designed by the site engineer. The intent of this culvert is to span the ordinary high water mark of the steam and thereby, avoid any stream impacts. JARPA Revision 2012.2 Page 9 of 16 8b. Will your project impact a waterbody or the area around a waterbody? [help] Yes X No 8c. Have you prepared a mitigation plan to compensate for the projectâ€™s adverse impacts to non-wetland waterbodies? [help] ï‚· If Yes, submit the plan with the JARPA package and answer 8d. ï‚· If No, or Not applicable, explain below why a mitigation plan should not be required. Yes No X Not applicable 8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. ï‚· If you already completed 7g you do not need to restate your answer here. [help] 8e. Summarize impact(s) to each waterbody in the table below. [help] Activity (clear, Waterbody Impact Duration Amount of material Area (sq. ft. or dredge, fill, pile name1 location2 of impact3 (cubic yards) to be linear ft.) of drive, etc.) placed in or waterbody removed from directly affected waterbody 1 If no official name for the waterbody exists, create a unique name (such as â€œStream 1â€) The name should be consistent with other documents provided. 2 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. 3 Indicate the days, months or years the waterbody will be measurably impacted by the work. Enter â€œpermanentâ€ if applicable. JARPA Revision 2012.2 Page 10 of 16 8f. For all activities identified in 8e, 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. [help] 8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. [help] Part 9â€“Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. [help] Agency Name Contact Name Phone Most Recent Date of Contact ( ) ( ) ( ) 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecologyâ€™s 303(d) List? [help] ï‚· If Yes, list the parameter(s) below. ï‚· If you donâ€™t know, use Washington Department of Ecologyâ€™s Water Quality Assessment tools at: http://www.ecy.wa.gov/programs/wq/303d/. Yes X No JARPA Revision 2012.2 Page 11 of 16 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help] ï‚· Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC. 17110011 9d. What Water Resource Inventory Area Number (WRIA #) is the project in? [help] ï‚· Go to http://www.ecy.wa.gov/services/gis/maps/wria/wria.htm to find the WRIA #. WRIA 7 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [help] ï‚· Go to http://www.ecy.wa.gov/programs/wq/swqs/criteria.html for the standards. X Yes No Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [help] ï‚· If you donâ€™t know, contact the local planning department. ï‚· For more information, go to: http://www.ecy.wa.gov/programs/sea/sma/laws_rules/173-26/211_designations.html. Rural Urban Natural Aquatic Conservancy Other ____________ 9g. What is the Washington Department of Natural Resources Water Type? [help] ï‚· Go to http://www.dnr.wa.gov/BusinessPermits/Topics/ForestPracticesApplications/Pages/fp_watertyping.aspx for the Forest Practices Water Typing System. Shoreline Fish Non-Fish Perennial X Non-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecologyâ€™s most current stormwater manual? [help] ï‚· If No, provide the name of the manual your project is designed to meet. X Yes No Name of manual: 2005 Stormwater Management Manual for Western Washington 9i. Does the project site have known contaminated sediment? [help] ï‚· If Yes, please describe below. Yes X No 9j. If you know what the property was used for in the past, describe below. [help] It is likely that this site was logged in the past, but based on maps from Google Earth, the site has been in its current condition since at least 1990 JARPA Revision 2012.2 Page 12 of 16 9k. Has a cultural resource (archaeological) survey been performed on the project area? [help] ï‚· If Yes, attach it to your JARPA package. Yes X No 9l. 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. [help] Candidate Coho salmon (Oncorhynchus kisutch) are known by the Washington Department of Fish and Wildlife to utilize the Middle Fork of Quilceda Creek. 9m. Name each species or habitat on the Washington Department of Fish and Wildlifeâ€™s Priority Habitats and Species List that might be affected by the proposed work. [help] Candidate Coho salmon (Oncorhynchus kisutch) are a WDFW Priority Species, However it is not expected that the proposed project will have any effect on this species or their habitat. For further details, please refer to the Biological Evaluation for Informal ESA Consultation for Atonement Free Lutheran Church prepared by Acre Environmental Consulting, LLC and dated December 19, 201 JARPA Revision 2012.2 Page 13 of 16 Part 10â€“SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. ï‚· Online Project Questionnaire at http://apps.ecy.wa.gov/opas/. ï‚· Governorâ€™s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@ora.wa.gov. ï‚· For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help] ï‚· For more information about SEPA, go to www.ecy.wa.gov/programs/sea/sepa/e-review.html. A copy of the SEPA determination or letter of exemption is included with this application. X A SEPA determination is pending with the City of Arlington (lead agency). The expected decision date is ____________. I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) [help] 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. 10b. Indicate the permits you are applying for. (Check all that apply.) [help] LOCAL GOVERNMENT Local Government Shoreline permits: Substantial Development Conditional Use Variance Shoreline Exemption Type (explain): Other City/County permits: Floodplain Development Permit X Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: X Hydraulic Project Approval (HPA) Fish Habitat Enhancement Exemption â€“ Attach Exemption Form Effective July 10, 2012, you must submit a check for $150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash. Check the appropriate boxes: X $150 check enclosed. Check # Attach check made payable to Washington Department of Fish and Wildlife. My project is exempt from the application fee. (Check appropriate exemption) HPA processing is conducted by applicant-funded WDFW staff. Agreement # Mineral prospecting and mining. Project occurs on farm and agricultural land. (Attach a copy of current land use classification recorded with the county auditor, or other proof of current land use.) JARPA Revision 2012.2 Page 14 of 16 Project is a modification of an existing HPA originally applied for, prior to July 10, 2012. HPA # Washington Department of Natural Resources: Aquatic Use Authorization Complete JARPA Attachment E and submit a check for $25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: X Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): X Section 404 (discharges into waters of the U.S.) Section 10 (work in navigable waters) United States Coast Guard permits: Private Aids to Navigation (for non-bridge projects) JARPA Revision 2012.2 Page 15 of 16 BIOLOGICAL EVALUATION FOR INFORMAL ESA CONSULTATION For: Atonement Free Lutheran Church (Corps Reference Number) Version: May 2012 ** This form is for projects that have insignificant or discountable impacts on listed species. It contains all the information required for a biological evaluation, but in abbreviated form and with minimal instructions on how to fill it out. For more detailed instructions, a format for development of a biological assessment or biological evaluation can be found on the Seattle District Corps website (www.nws.usace.army.mil â€“ click on regulatory and then on endangered species, BA Template). You may also contact the Corps at 206-764-3495 for further information. Date: December 19, 2014 SECTION A - General Information 1. Applicant name: Atonement Free Lutheran Church Attn. John Furstenwerth Mailing address: 6905 172nd Street NE Arlington, WA 98223 Work phone: Home phone: Email: Fax: (360) 815-2880 jsfurst@comcast.net 2. Joint-use applicant name (if applicable): Atonement Free Lutheran Church Attn. John Furstenwerth Mailing address: 6905 172nd Street NE Arlington, WA 98223 Work phone: Home phone: Email: Fax: (360) 815-2880 jsfurst@comcast.net 3. Authorized agent name: Acre Environmental Consulting, LLC Attn. Louis Emenhiser Mailing address: 17715 28th Avenue NE Lake Forest Park, WA 98155 Work phone: Home phone: Email: Fax: (206) 450-7746 louis@acreenvironmental.com 4. Location where proposed work will occur Address (street address, city, county): 6905 172nd Street NE Arlington, WA Waterbody: Type Ns stream Â¼ Section: SW Section: 23 Township: 31N Range: 05E Latitude: 48.1539 N lat Longitude: -122.1372 W long Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 1 5. Description of Work: Include project drawings and site photographs. Describe the proposed project in detail. Please describe any mitigation that is being proposed for impacts from your project. Attach a mitigation plan as an appendix, if appropriate. To support existing church activities, the applicant is proposing to construct additional parking and a play field on the northern parcel. To access this area, it is necessary to construct a road across Wetland B/C and the associated Type Ns stream. As a result of the location of Wetland B/C and the Type Ns stream in relation to the subject site and existing roads, there is no way to access the northern parcel without crossing these features. This wetland and stream crossing has been located and designed by the site engineer to have the minimum impact possible on the subject critical areas. As a base for the road, large rock will be placed in the wetland. This is intended to provide gaps that will allow water in the wetland to flow freely under the road, thereby, maintaining the hydrologic connectivity of the wetland. Construction of the road in this location will result in permanent impacts to 4,983 square feet (0.11 acres) of Wetland B/C (City of Arlington and DOE Category III rating) and 3,759 square feet (0.086 acres) of associated buffer, and will necessitate placing a portion of the Type Ns stream in a culvert. The applicant is proposing to convey the Type Ns stream under the proposed road via a 35-foot long, twelve inch diameter culvert, as designed by the site engineer. Placement of the proposed road in this location will cross the wetland at its narrowest point and will limit wetland impacts to the greatest extent possible. As mitigation for the proposed buffer impacts, the applicant is offering to designate a total of 4,667 square feet of additional, equivalent quality buffer on the subject site. To improve habitat functions on the subject site, the applicant is proposing to plant a total of 170 conifer trees throughout the wetland. As mitigation for the 4,983 square feet (0.11 acres) of permanent wetland impacts, the applicant is proposing to purchase credits at the Skykomish Habitat Mitigation Bank pursuant to AMC 20.93.840(c). This is the current preferred method of mitigation at the state and federal levels, and is consistent with guidance provided by the document Selecting Wetland Mitigation Sites Using a Watershed Approach (DOE Publication #09-06-032). By using this approved mitigation bank, the applicant will purchase credits for mitigation that has already been installed and is known to be functional. The mitigation bank is professionally managed and closely overseen by the state and federal governments so the long term success of the mitigation and the subsequent functional lift in the Snohomish River watershed is assured. To ensure a long-term increase in the level of functions and values within the watershed, the applicant is proposing to purchase credits at the Skykomish Habitat Mitigation Bank. Mitigation credits will be purchased from the Skykomish Habitat Mitigation Bank following approval of the project from all concerned agencies, including the City of Arlington, the Army Corps of Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 2 Engineers, the Washington State Department of Ecology, and the Washington Department of Fish and Wildlife. No on-site work will commence until proof of mitigation credit purchase has been submitted to the above agencies. For a depiction of the proposed project, please refer to the Wetland Fill for Road â€“ Plan View and Wetland Fill for Road â€“ Plan Overview maps for Atonement Free Lutheran Church, and the site photos. The maps are included as appendices to this document while the photos are included with the accompanying Critical Area Study for Atonement Free Lutheran Church prepared by Acre Environmental Consulting, LLC and dated December 19, 2014. For profiles of the proposed project, please refer to the accompanying site plans prepared by Insight Engineering Co., the site engineer 6. Construction Techniques: Describe methods and timing of construction to be employed in building the project and any associated features. Identify actions that could affect listed / proposed species or designated / proposed critical habitat and describe in sufficient detail to allow an assessment of potential impacts. Consider actions such as vegetation removal, temporary or permanent elevations in noise level, channel modifications, hydrological or hydraulic alterations, access roads, power lines etc. Also discuss construction techniques associated with any interdependent or interrelated projects. Address the following: A. Construction sequencing and timing of each stage (duration and dates): Placement of the proposed fill material and construction of the road is anticipated to take approximately three months. Grading will be timed to take place during the summer dry season when water levels in the wetland and stream are at their lowest. B. Site preparation: No site preparation is needed other than standard BMP temporary erosion and sediment control measures (TESC). For further detail regarding site preparation, please refer to the Stormwater Pollution Prevention Plan for Atonement Free Lutheran, prepared by Insight Engineering Co. and dated December 1, 2014. C. Equipment to be used: Equipment will consist of bulldozers, dump trucks, excavators, and rollers. D. Construction materials to be used: Standard TESC material will be used as necessary to maintain water quality. These measures may include silt fence, straw, fiber matting, or other material, as appropriate. Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 3 E. Work corridor: The work corridor consists of the proposed fill for the road crossing through the wetland as well as the proposed clearing and grading north of the wetland crossing. F. Staging areas and equipment wash outs: All equipment will stage and work from the existing asphalt and gravel driveway and parking areas for the church building. No other staging areas will be necessary. A wheel washing station may be used if site conditions warrant. G. Stockpiling areas: Temporary stockpiles are proposed to be located in the portion of the site that will be graded for the parking and play field. For further details of the proposed grading and stockpile locations, please refer to engineerâ€™s site plans. H. Running of equipment during construction: Operating equipment will be limited to the equipment or similar described above during normal daylight hours. I. Soil stabilization needs / techniques: Standard best management practices erosion control measures will be employed for this project. J. Clean-up and re-vegetation: All impacted areas with bare soils shall be grass seeded. Any areas outside of the clearing limits that are inadvertently disturbed during construction will be restored per a planting plan to be developed using the City of Arlington guidelines. K. Storm water controls / management: Runoff from the impervious surfaces (driveway and playfield areas) created by this project will be allowed to sheet flow to the adjacent, undisturbed native soil. This will mimic the existing drainage pattern of the site and maintain current base wetland and stream flows. This increase in impervious surfaces is not expected to have an effect on the hydroperiod of the subject wetlands and streams. For more detail regarding the proposed stormwater treatment, please refer to the Stormwater Site Plan for Atonement Free Lutheran, prepared by Insight Engineering Co. and dated November 10, 2014. L. Source location of any fill used: All fill used will come from the on-site cut. The Large rock proposed to comprise the road bed will be imported from off-site. M. Location of any spoil disposal: Spoils from the proposed cut will be placed in the on-site fill areas. Any cut material not needed for on-site fill will be transported off-site and disposed of in an approved location. Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 4 7. Action Area Acre Environmental Consulting, LLC determined the action area for the proposed project using the methodologies described in the Advanced Training Manual for Biological Assessment Preparation produced by the Washington State Department of Transportation. Although this is not a transportation project, many components of the Biological Assessment Advanced Training Manual are applicable to determining the project related action area. The proposed work area includes construction of the road crossing through the Category III Wetland B/C as well as the proposed grading for the parking and play field areas. Construction of the road through Wetland B/C to access the northern portion of the property will result in permanent impacts to 4,983 square feet (0.11 acres) of Wetland B/C (City of Arlington and DOE Category III rating) and 3,759 square feet (0.086 acres) of associated buffer, and will necessitate placing a portion of the Type Ns stream in a culvert. As shown in the Estimated Noise Attenuation tables below, the Action Area for the specific project components includes all terrestrial and freshwater environments within 1,600 feet of the proposed Work Area, as that is the distance at which the project-related construction noise would attenuate to the ambient (existing baseline) noise level. This Action Area is required to determine how project-related activities may affect federally listed species which utilize the terrestrial and freshwater habitats within the vicinity of the project. Acre Environmental Consulting, LLC defined the Action Area by estimating the distance at which project-related construction noise would attenuate to the baseline noise level. This was accomplished by using the following determining factors associated with this specific project: 1) estimated noise levels associated with project construction equipment; 2) estimated background (ambient) sound level; 3) soft site vs. hard site conditions; 4) noise point source vs. line source; and 5) develop noise attenuation table for computing distance of Action Area. Please see the project-specific tables below which were used to derive the Action Area distance. ESTIMATED PROJECT-RELATED NOISE LEVELS Construction Equipment Lmax at 50 feet from noise source Bulldozer 82 dBA Dump truck 76 dBA Excavator 81 dBA Roller 80 dBA Estimated Project Lmax 86 dBA Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 5 Notes: 1. Lmax= highest projected sound level occurring during a noise event. 2. Lmax data obtained from WSDOT Biological Assessment Preparation Assessment Advanced Training Manual (Tables 7-1 and 7-4). 3. Combined Lmax derived from the rules for combining noise levels described in WSDOT Biological Assessment Preparation Assessment Advanced Training Manual (Table 7-5), using the 3 loudest pieces of equipment for determining the Lmax. ESTIMATED BACKGROUND (AMBIENT) NOISE LEVEL Estimated Background Noise level at Work Area (due to 50 dBA the agricultural nature of the subject site) Estimated Background Noise level at Work Area (due to 52.7 dBA local traffic) Estimated background noise 52.7 dBA Notes: 1. Environmental background noise levels obtained from WSDOT Biological Assessment Preparation Assessment Advanced Training Manual (Tables 7-6). The 2010 Census http://www.census.gov/2010census/ estimated the population density in the City of Arlington to be 1,983 people per square mile which equates to an ambient noise level of 50 dBA as shown above. 2. Estimated background noise level derived from WSDOT 2013 Annual Traffic Report. Average Daily Traffic (ADT) near project site is shown as 12,000 vehicles per day. Per WSDOT Biological Assessment Preparation Assessment Advanced Training Manual, 10% of the ADT (1,200) is used to determine the approximate worst case number of vehicles per hour. The speed limit along SR 531 (172nd Street NE) adjacent to the subject site is 35 mph. Based on Table 7-3 of the training manual, the noise level at 50 feet from the noise source (SR 531) equals approximately 66.2 dBA. 3. The traffic noise created from SR 531 is considered a line source noise. The standard reduction for line source noise is 3 dBA per doubling distance from the source. The noise receiving area is vegetated and is considered a soft site due to existing vegetation which is absorptive of noise energy. Absorptive ground results in an additional 1.5 dBA reduction per doubling of distance as noise spreads from the source. Therefore, the reduction of 4.5 dBA per doubling distance was used to determine the approximate noise level at the Project Area. Because the proposed work area is approximately 400 feet north of SR 531, the noise at the work area from the road is estimated to be 52.7 dBA, as shown above. Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 6 Estimated Noise Attenuation Rates for Project Work Area Distance from Project Area Project-Related Noise Levels (-7.5 Background Noise (ft) dBA) Level 50 86 dBA 52.7 dBA 100 78.5 dBA 52.7 dBA 200 71 dBA 52.7 dBA 400 63.5 dBA 52.7 dBA 800 56 dBA 52.7 dBA *1,600* 48.5 dBA 52.7 dBA Notes: The noise created from the projectâ€™s construction equipment is considered a point source noise. The standard reduction for point source noise is 6 dBA per doubling distance from the source. The noise receiving area located outside of the Project Area is considered a soft site and is absorptive of noise energy. Absorptive ground results in an additional 1.5 dBA reduction per doubling of distance as noise spreads from the source. Therefore, the reduction of 7.5 dBA per doubling distance was used to determine the approximate noise level at the Project Area. Per the above tables, the distance at which the project-related construction noise attenuates (declines) to a noise level equal to or less than the background noise of 52.7 dBA level is 1,600 feet. Please note that project-related noise is not the only factor used to determine the Action Area. Additional potential effects were considered to determine the Action Area (i.e. clearing of vegetation, grading, placement of fill, potential contaminants, etc.). Based on review of all project-related factors, the temporarily elevated noise levels is the factor that would have the greatest potential to affect species which use the terrestrial and freshwater environments in the project vicinity. Therefore, Acre Environmental Consulting, LLC defined the Action Area as extending 1,600 feet from the Work Area. Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 7 8. Species Information: THREATENED AND ENDANGERED (LISTED) SPECIES IN SNOHOMISH COUNTY The National Oceanic and Atmospheric Administrationâ€™s National Marine Fisheries Service (NMFS) has jurisdiction over the species listings for marine animals and anadromous fish species. The following list includes all species identified as endangered or threatened within Snohomish County, Washington which are protected under NMFSâ€™ jurisdiction: 1. Humpback whale (Megaptera novaeangliae); Endangered status 2. Southern resident Orca whale (Orcinus orca); Endangered status 3. Steller sea lion of western U.S. (Eumetopias jubatus); Endangered status 4. Puget Sound/Georgia Basin Bocaccio (Sebastes paucispinis); Endangered status 5. Puget Sound/Georgia Basin Canary rockfish (Sebastes pinniger); Threatened status 6. Puget Sound/Georgia Basin Yelloweye rockfish (Sebastes rubberimus); Threatened status 7. Puget Sound Chinook salmon (Onchorhynchus tshawytscha); Threatened status 8. Puget Sound Steelhead trout (Onchorhynchus mykiss); Threatened status The United States Fish and Wildlife Service (USFWS) has jurisdiction over the species listings for freshwater fish species and all other species. The following list includes all species identified as endangered or threatened within Snohomish County, Washington which are protected under USFWSâ€™ jurisdiction: 1. Coastal-Puget Sound DPS Bull Trout (Salvelinus confluentus); Threatened status 2. Canada lynx (Lynx Canadensis); Threatened status 3. Gray wolf (Canis lupus); Endangered status 4. Grizzly bear (Ursus arctos horribilis); Threatened status 5. Marbled murrelet (Brachyramphus marmoratus); Threatened status 6. Northern spotted owl (Strix occidentalis caurina); Threatened status 9. Existing Environmental Conditions: On June 14, 2013 Acre Environmental Consulting, LLC visited the subject property (two parcels) located at 6905 172nd Street NE in the City of Arlington, Washington. The purpose of this site visit was to assess and locate regulated critical areas on and adjacent to the subject site. A second site visit was conducted on October 27, 2014 to verify site conditions. The site is further located as a portion of Section 23, Township 31N, Range 05E, W.M. The tax parcel numbers for this property are 31052300300900 and 31052300301900. Per the Snohomish County Assessorâ€™s office, the site encompasses approximately 8.43 acres. Surrounding land use is comprised of single family residences and undeveloped land. Access to this site is from the south via 172nd Street NE. The southern parcel is occupied by an existing church with associated parking and Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 8 outbuildings, while the northern parcel is undeveloped, comprised of a mixture of native forest and Himalayan blackberry. A total of three wetlands and an associated Type Ns stream are located on the subject site. Wetland A is a Category IV wetland located in the northeastern portion of the property. Vegetation in this wetland is represented by a canopy of red alder (Alnus rubra, Fac) with salmonberry (Rubus spectabilis, Fac), Himalayan blackberry (Rubus armeniacus, FacU), skunk cabbage (Lysichiton americanum, Obl), lady fern (Athyrium filix- femina, Fac), and piggy-back plant (Tolmiea menziesii, Fac), in the understory. Wetland B/C is a Category III wetland that extends across the center of the subject site and is associated with a Type Ns stream. Vegetation in this wetland is represented by a canopy of red alder (Alnus rubra, Fac) and Sitka willow (Salix sitchensis, FacW), with salmonberry (Rubus spectabilis, Fac), red osier dogwood (Cornus sericea, FacW), black twinberry (Lonicera involucrata, Fac), Himalayan blackberry (Rubus armeniacus, FacU), lady fern (Athyrium filix-femina, Fac), skunk cabbage (Lysichiton americanum, Obl), and climbing nightshade (Solanum dulcamara, Fac), in the understory. Wetland D is a Category II wetland located in the southeastern corner of the site. Vegetation in this wetland is represented by a canopy of red alder (Alnus rubra, Fac) with black twinberry (Lonicera involucrata, Fac), Himalayan blackberry (Rubus armeniacus, FacU), and reed canarygrass (Phalaris arundinacea, FacW), in the understory. For more detail regarding the on-site critical areas, please refer to the Critical Area Study for Atonement Free Lutheran Church prepared by Acre Environmental Consulting, LLC and dated December 19, 2014. In the City of Arlington, Category II wetlands receive 75-foot standard buffers. Category III wetlands receive 60-foot protective buffers while Category IV wetlands receive 40-foot standard buffers. Type Ns streams typically receive a 50-foot protective buffer measured from the ordinary high water mark (OHWM) of the stream. As neither the on-site Type Ns stream nor the Middle Fork of Quilceda Creek located off-site to the south are included on the 303D list, it does not appear that there are any water quality issues associated with the subject site. USE OF THE ACTION AREA BY THREATENED OR ENDANGERED SPECIES There are no threatened or endangered species and no designated or proposed critical habitat located within the action area. Candidate Coho salmon (Oncorhynchus kisutch) are known to occur in the Middle Fork of Quilceda Creek. Humpback whales, Orca whales, Steller sea lions, Bocaccio, canary rockfish, and yelloweye rockfish are not present within the proposed projectâ€™s Action Area due to a lack of marine or estuarine habitat areas. Chinook salmon, Steelhead trout, and Bull Trout are not present within the projects action area due to a lack of access and in-stream habitat. Canada lynx, gray wolves, grizzly bears, Marbled murrelets, and spotted owls are not present within the projectâ€™s Action Area due to the suburban nature of the site and the lack of habitat requirements for these species. Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 9 Marbled murrelets and Northern spotted owls typically breed in old-growth or late successional coniferous forests. Both of these species typically use areas where vast connected habitat exists, and they typically avoid urban/suburban areas due to their aversion to human activity (noise, developments, etc.). Based on the WDFW Priority Habitat and Species maps, no Marbled murrelet or spotted owl breeding sites (nests) are located among the projectâ€™s Action Area. The nearest Marbled murrelet and spotted owl nest sites are located approximately 8.88 miles to the east of the subject site. Due to the lack of old-growth or late successional habitat among the projectâ€™s Action Area, Acre Environmental Consulting, LLC does not expect either of these bird species to occupy breeding/nesting habitat among the Action Area. Based on review of the WDFWâ€™s PHS database and Streamnet (fish data for the Northwest), no threatened or endangered species are known to utilize the projectâ€™s Action Area. Candidate Coho salmon (Oncorhynchus kisutch) do occur in the project action area. Critical habitat is defined in section 3(5)(A) of the ESA as â€˜â€˜(i) the specific areas within the geographical area occupied by the species...on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species...upon a determination by the Secretary [of Commerce (Secretary)] that such areas are essential for the conservation of the species.â€™â€™ Puget Sound ESU Coho salmon (Oncorhynchus kisutch): Based on data gathered from WDFWâ€™s PHS maps and from Streamnet, Coho salmon are known to occur in the Middle Fork of Quilceda Creek. This river contains habitat requirements and does not contain fish barriers. Critical habitat has not been designated for Coho salmon in the Puget Sound/Strait of Georgia ESU. ESSENTIAL FISH HABITAT DISCUSSION The Magnuson-Stevens Fishery Conservation and Management Act (MSA) includes a mandate that NMFS must identify essential fish habitat (EFH) for federally managed fish species. The Pacific Fishery Management Council has designated EFH for the Pacific salmon fishery, federally managed ground fishes, and coastal pelagic fisheries (NMFS 2014). The majority of EFH is marine-based, though EFH is also designated for inland portions of the range for anadromous Pacific salmon species. The MSA defines EFH as â€œthose waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.â€ Furthermore, the Pacific Fishery Management Council states that â€œEFH for the Pacific coast salmon fishery means those waters and substrates necessary for salmon production needed to support a long-term sustainable salmon fishery and salmon contributions to a healthy ecosystemâ€. To achieve that level of protection, EFH must include all those streams, lakes, ponds, wetlands, and other currently viable water bodies and most of the habitat historically accessible to salmon in Washington, Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 10 Oregon, Idaho, and California.â€ Per these definitions, the Middle Fork of Quilceda Creek is considered EFH. 10. Effects Analysis Describe the direct and indirect effects of the action on the proposed and listed species as well as designated and proposed critical habitat within the action area. Consider the impact to both individuals and the population. Discuss the short-term, construction-related, impacts as well as the long-term and permanent effects. Pursuant to the Code of Federal Regulations (CFR) Title 50, Subchapter 402, Sections 02 and 14(h)(2), Acre Environmental Consulting, LLC reviewed the Action Area for potential impacts to ESA-listed species. The Action Area was examined for the potential direct and indirect effects of the proposed project. Potential direct effects could include construction noise disturbance, loss of habitat, or sedimentation that results from construction activity. Potential indirect effects include the following: disrupting high or low stream flows, including impacts from stormwater runoff; contributing to sedimentation that fills in substrate; blocking a corridor that connects habitat areas; increases in water body temperatures through removal of riparian vegetation and decreased shading; disturbance or riparian vegetation; moving or removing large woody debris; destabilizing bank and modifying channel migration processes; bank stability; channel migration; hyporheic zones; and modifying wetland areas through disturbance of adjacent vegetation or modification of hydrology. Potential Direct Effects to ESA-listed Fish Species: No impacts to critical habitat will occur through implementation of the proposed project. The applicant is proposing to fill a portion of the on-site Category III Wetland B/C. Neither this wetland nor the associated Type Ns stream provide habitat for listed species. No modifications will occur to Middle Fork of Quilceda Creek within the Action Area and no removal or changes in large woody debris (LWD) will occur. As the applicant is proposing to allow stormwater generated by the project to infiltrate on-site, current base wetland and stream flows will be maintained and the project will have no effect on the hydroperiod of the stream. Based on the above, the proposed project will not result in any direct effects to listed fish or terrestrial wildlife species. Potential Indirect Effects to ESA-listed Fish Species: No disruptions or changes to the existing high or low stream flows will to occur as a result of this proposal. The proposed work will be conducted during the summer low flow season, when water levels in Wetland B/C and the associated Type Ns stream are at their lowest. Through avoidance of any in-water work, the lack of a surface water connection to fish bearing waters (Middle Fork of Quilceda Creek), the implementation of all applicable BMP erosion control measures, and the distance of the proposed work from the Middle Fork of Quilceda Creek (approximately 440 feet at the nearest point), we do not anticipate sediment or pollutants from the project site entering surface waters. Therefore, we do not anticipate any water quality Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 11 changes to surface waters surrounding the property. No water quality impacts are anticipated to any waters throughout the Action Area. The proposed project will not block any habitat corridors for listed species. No riparian vegetation or LWD will be impacted. The proposed project will have no impact on any natural channel migration areas and bank stability will not be impacted in any way. Therefore, the proposed project would not result in any indirect effects to fish species. Potential Impacts to ESA-listed Wildlife Species: Trucks and construction equipment used during the implementation of this project will produce temporarily elevated noise levels above the existing background sound levels. However, no terrestrial Wildlife Habitat Conservation Areas (nests), listed avian species, or listed terrestrial species are mapped as occurring within the Action Area. Candidate Coho salmon (Oncorhynchus kisutch) are known to occur in the Middle Fork of Quilceda Creek, within the action area. However, because they are accustomed to the noisy, high energy environment of streams, the relatively low-intensity terrestrial noise generated by the project action when fish may be in the project area is not expected to have any harmful effects. Increases to sediment inputs to streams, particularly sediments that are 0.85 mm and smaller have been well documented to have a negative impact on fish and other aquatic life. Among other effects, additions of sediment have been shown to result in the filling of pool habitat, the inundation of spawning gravels, and the suffocation of existing redds. However, due to the approximate 440 foot distance of the work area from the Middle Fork of Quilceda Creek, the lack of a surface water connection to this stream, and the implementation of all applicable BMP erosion control measures, any sediment resultant from this project will not reach fish bearing waters. Due to the relatively short duration of the project and the proposed mitigation measures, the temporarily elevated noise levels are not expected to create any direct or indirect effects to any ESA-listed terrestrial or aquatic wildlife species. Potential Impacts to Essential Fish Habitat (EFH): Although EFH does exist within the defined Action Area, the distance of approximately 440 feet from the EFH to the work area (at the nearest point) and the lack of an above-ground surface water connection alleviate the potential for negative impacts associated with the proposed project. This project will not result in any direct or indirect impacts to EFH, including associated species or prey species, and will maintain the existing condition of the site and the adjacent areas. Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 12 11. 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, erosion control best management practices, percent grating on a pier to reduce shading impacts). Proposed work window: Grading and placement of fill material is proposed to occur between May 1, 2015 and July 30, 2015, when water levels in the subject wetland and stream are at their lowest and prior to when Coho salmon are expected to be present in the Middle Fork of Quilceda Creek. 12. Determination of Effect: No threatened or endangered fish species are known to utilize the action area, although Candidate Coho salmon (Oncorhynchus kisutch) do occur within the Action Area, as previously described. Due to the lack of a surface water connection to fish bearing waters and the lack of listed species within the action area, the proposed project will have No Effect on Puget Sound bull trout, Puget Sound Chinook salmon, or Puget Sound steelhead trout. Similarly, the proposed project will have No Effect on the critical habitat that has been designated for these ESA-listed fish species. Humpback whales, orca whales, Steller sea lions, bocaccio, canary rockfish, and yelloweye rockfish are precluded from the Action Area due to their marine habitat requirements. Therefore, the proposed project will have No Effect on those listed species. Canada lynx, gray wolves, and grizzly bears are not present within the projectâ€™s Action Area due to the lack of habitat requirements for these species. Therefore, the proposed project will have No Effect on those listed species. Marbled murrelets and northern spotted owls are not likely present within the Action Area due to an apparent lack of necessary habitat to suit their life history requirements. Therefore, the proposed project will have No Effect on those listed species. Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 13 13. Terms & Conditions: The environmental consulting work conducted, including this Biological Evaluation for Informal ESA Consultation is supplied to Atonement Free Lutheran Church (the â€œClientâ€) as a means of assessing project related impacts to threatened and endangered species as required by the United States Army Corps of Engineers. The Services are provided in accordance with the following General Terms and Conditions (the â€œTermsâ€). In accepting the Services provided by Acre Environmental Consulting, LLC (â€œAcreâ€), the Client voluntarily enters into and agrees to the binding effect of the following Terms. This report is intended to provide information deemed relevant in the Client's attempt to comply with the regulations currently in effect. The work for this report has conformed to the standard of care employed by professional ecologists in the Pacific Northwest. All other representations or warranties, whether express or implied, are hereby disclaimed concerning the work or this report. This report is based largely on readily observable conditions and, to a lesser extent, on readily ascertainable conditions. No attempt has been made to determine hidden or concealed conditions. If such conditions exist or arise, the information contained in this report may be rendered inaccurate or incomplete based upon those conditions. Acre acts solely as an independent contractor in providing the Services to the Client, and nothing in the provision of such Services shall be construed as creating an agency, partnership, joint venture or other similar legal relationship between Acre and the Client. The laws applicable to Critical Areas are subject to varying interpretations. While Acre observed professional industry standards when completing this review, the information included in this report does not guarantee approval by any federal, state, and/or local permitting agencies. Therefore, all work on this property should not commence until permits have been obtained from all applicable agencies. If there are any questions regarding this report, please contact me at 206.450.7746. Acre Environmental Consulting, LLC. Louis Emenhiser Principal Wetland Ecologist Professional Wetland Scientist #1680 Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 14 14. References: Bjornn, T.C. and Reiser, D.W. 1991. Habitat requirements of salmonids in streams. Am. Fish. Soc. Spec. Publ. 19: 83-138. Cowardin, et al, 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S.D.I. Fish and Wildlife Service. FWS/OBS-79/31. December 1979. Federal Register. Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for Bull Trout in the Coterminous United States: A Rule by the Fish and Wildlife Service on 10/18/2010. http://www.federalregister.gov/articles/2010/10/18/2010- 25028/endangered-and-threatened-wildlife-and-plants-revised-designation-of-critical-habitat- for-bull-trout#p-427. Hruby, T., K. Harper, and S. Stanley (2009). Selecting Wetland Mitigation Sites Using a Watershed Approach. Washington State Department of Ecology Publication #09-06-032. National Marine Fisheries Service (NMFS). 2014. Endangered and Threatened Species under NMFSâ€™ Jurisdiction. (Updated January 29, 2014). National Marine Fisheries Service (NMFS). 2014. Puget Sound Steelhead DPS. http://www.westcoast.fisheries.noaa.gov/protected_species/salmon_steelhead/salmon_and_s teelhead_listings/steelhead/puget_sound/puget_sound_steelhead.html Website last visited on July 22, 2014 Pacific Fishery Management Council. Identification and Description of Essential Fish Habitat, Adverse Impacts, and Recommended Conservation Measures for Salmon (Appendix A). 1999. http://www.pcouncil.org/wp-content/uploads/99efh1.pdf#page=10. Website last visited on December 12, 2014. Snohomish County Permit, Planning, and Zoning Map (SCOPI). Snohomish County GIS Center. http://gis.snoco.org/maps/permits/index.htm. Website last visited on December 12, 2014. SalmonScape. Interactive Mapping website administered by the Washington Department of Fish and Wildlife. http://wdfw.wa.gov/mapping/salmonscape/index.html. Website last visited on December 12, 2014. StreamNet. Fish Data for the Northwest. Administered by the Pacific States Marine Fisheries Commission. http://www.streamnet.org/. Website last visited on December 12, 2014. Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 15 U.S. Army Corps of Engineers (2010). "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0)," ERDC/EL TR- 10-3, U.S. Army Engineer Research and Development Center, Vicksburg, MS. U.S. Fish and Wildlife Service (2010). Listed and Proposed Endangered and Threatened Species and Critical Habitat; Candidate Species; and Species of Concern in Snohomish County as prepared by the U.S. Fish and Wildlife Service Washington Fish and Wildlife Office. (Revised September 3, 2013). Washington State Department of Fish and Wildlife. Priority Habitats and Species map for Section 23, Township 31 North, Range 05 East. http://wdfw.wa.gov/conservation/phs/. Washington State Department of Transportation. Biological Assessment Preparation for Transportation Projects - Advanced Training Manual. (Version 02-2010). http://www.wsdot.wa.gov/Environment/Biology/BA/BAguidance.htm#Manual. Website last visited on December 12, 2014. 15. Appendices: Vicinity Map 1 of 3 Wetland Fill for Road â€“ Plan View Map 2 of 3 Wetland Fill for Road â€“ Plan Overview Map 3 of 3 Critical Area Study for Atonement Free Lutheran Church, December 19, 2014. Prepared by Acre Environmental Consulting, LLC. Bank Use Plan for Atonement Free Lutheran Church, December 19, 2014. Prepared by Acre Environmental Consulting, LLC. Acre Environmental Consulting, LLC December 19, 2014 BE for Informal ESA Consultation â€“ Atonement Free Lutheran Church Arlington, WA Page 16 **+ 0 **+ 0 **+ +&",-*($"./ 0 +&",-*($"./ +&",-*($"./ !"#$ !"#$ !"#$%&"'!"()* !"#$ !"#$%&"'!"()* !"#$%&"'!"()* LLC ARLINGTON NE 98155 MUNICIPAL BY: WA Consulting, 450-7746 AIRPORT Avenue Park, (206) 28th PREPARED Forest 17715Phone: Environmental louis@acreenvironmental.com Lake Acre mail: E MAP SUBJECT VICINITY 31052300301900 SITE - WA & ROAD LUTHERAN CHURCH FOR FREE 31052300300900 ARLINGTON, FILL I-5 NOS. EXIT PARCEL 206 WETLANDATONEMENTTAX SR 531 (172ND ST NE) : an 67TH AVE NE material Category fill of of B/C, for acres road. approximately 500 yards 0.11 Wetland PROPOSED PROJECTPlacecubicin III access CREEK 05E STREAM/ R. NE Ns 31N Map data C2014 Google CHURCH STREET: : TYPE QUILCEDA : ATONEMENT 23 T. NOT TO SCALE FORK SEC. LUTHERAN 172ND 1/4 APPLICANTFREE6905REFERENCE #WATERWAYMIDDLESW N/A 13030 3 #: By: of Job: 12.19.2014 Emenhiser AcreDrawnL. Page 1Date:Revision