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HomeMy WebLinkAboutPW1998-0328 - Original - Army Corp of Engineers (ACOE) - Memorandum of Agreement for Mill Creek Special Area Management Plan - 02/23/1998 The Mill Creek Special Area Management Plan MEMORANDUM OF AGREEMENT I. Purpose The purpose of this Memorandum of Agreement (MOA) is for the Sponsors and Supporting Agencies of th�,Will Creek Special Area Management Plan(SAMP)to support in concept the goals and objectives of the SAMP and to demonstrate their intention to identify and initiate the mechanisms necessary to adopt and implement the SAMP. II. Background The Mill Creek Basin contains much that is environmentally sensitive. Numerous high quality wetlands, large and small, remain within large open areas. During the winter months, much of the Mill Creek/Mullen Slough valley floor is inundated by stormwater and backwater flooding from the Green River. In addition to stormwater detention, many of these wetlands provide habitat for migratory birds waterfowl and shorebirds. Additionally, several of the Basin's creeks and wetlands have long been recognized as important salmon spawning and nursery areas. The Mill Creek Basin also contains agricultural open spaces, which are considered a vital ingredient in the quality of life in King County and possess fertile soils, which have been in agricultural use for generations. Much of this area will remain in agriculture or open space restrictive zoning due to public acquisition of development rights. 1 While the Mill Creek Basin is important environmentally and agriculturally, it is also seen as a particularly attractive location for the development of light industry and other commercial activities. This is primarily due to the basin's location near interstate highway transportation corridors, its close proximity to Seattle-Tacoma airport, the rapid growth focused on Auburn and Kent, the presence of undeveloped large tracts of land and much of the Basin's location within the regionally designated urban growth boundary. Concerns and conflicts between advocates of environmental protection and economic expansion have intensified as a result of substantial population and employment growth in the Mill Creek Basin. Many citizens and property owners have expressed concern at the effects of rapid development, more frequent and severe flooding, loss of open space and wetlands, and declining water quality and salmon runs. In an effort to address these concerns wetlands permit review has become progressively complex and more time consuming, with decisions often becoming contentious. In response to these issues the SAMP process was begun in 1990 to address the goal of balancing resource protection and economic development in Mill Creek Basin and to streamline permitting processes. The SAMP was developed by the US Army Corps of Engineers (ACOE) in cooperation with an Interagency SAMP Committee which included: the Cities of Auburn and Kent, King County, Washington State Department of Ecology(DOE), US Environmental Protection Agency, and the Muckleshoot Indian Tribe. A six person Citizens Advisory Committee also provided review and input to the Plan. The March, 1997 Draft SAMP and its companion, the June, 1997 Aquatic Resources Restoration Plan (providing detailed guidance on restoration and enhancement of wetlands and stream reaches in the study area) were issued for public comment on August 14, 1997. One public workshop and two public meetings where held in August, 1997 to receive comments on the Plan. Another planning effort entered into by King County and the Cities of Auburn and Kent, in 1992 is the Mill Creek Flood Control Plan. Nearly complete, this effort is developing 2 a flooding and stormwater management plan for the Mill Creek Basin. The Plan incorporates the goals of the SAMP and is linked to the overall management of stormwater and aquatic resources in the Basin. III. SAMP Goals The SAMP was undertaken as a result of the common interests of the ACOE, the cities of Auburn and Kent, and King County in identifying and adopting policies that encourage aquatic resource protection while allowing for appropriate land development in the Mill Creek Watershed area. The principal aim of the Mill Creek SAMP is to protect and restore aquatic resources in the Mill Creek Basin to ensure no net loss of aquatic resource functions and values, while recognizing the need to accommodate projected growth in population and employment as identified in local comprehensive plans. A further aim of the SAMP includes providing property owners, developers, and citizens greater certainty regarding the wetlands and stream permit processes. Additionally, the SAMP is designed to encourage the private sector to undertake a substantial portion of the work needed to restore Mill Creek. The SAMP identifies the location and conditions under which specific aquatic resource areas (wetlands, streams, and ponds) may be developed, and other locations where aquatic resources would be protected, maintained, and restored to a more or less natural state. The goals of the SAMP are as follows: 1) Ensure aquatic resources remain at current levels or increase to protect fish and wildlife habitat. 2) Provide flood storage and conveyance adequate to protect public health, safety and welfare while protecting aquatic resources. 3) Improve water quality. 4) Accommodate development that enables local jurisdictions to meet county-wide planning policy growth targets. 3 5) Provide greater predictability to both development and environmental interests. 6) Provide for long-term maintenance and management of aquatic resources in the basin. 7) Seek and secure funding for conservation easements and/or outright acquisition of critical wetland/stream corridor tracts. 8) Provide a variety of recreational and educational opportunities within the basin. IV. SAMP Implementation A. SPONSORS For the SAMP to be effective in guiding resource protection and development, there must be a commitment on the part of each affected local jurisdiction and regulatory agency in the area to apply their land use and resource protection policies, codes and regulations in a way that is consistent with the SAMP. The ACOE is a Sponsor of the SAMP due to its Federal role in regulating waters of the United States, including wetlands. The ACOE is responsible for the consideration and issuance of Department of the Army permits and associated verification letters under authority of Section 404 of the Clean Water Act. The City of Auburn, the City of Kent, and King County are Local Sponsors of the SAMP because they currently have land use and zoning jurisdiction over parts of the Mill Creek Basin. Their jurisdiction includes consideration and issuance of grading and building permits under local laws and local sensitive/critical areas ordinances, and Shoreline Substantial Development Permits for projects within 200 feet of the Green River or any wetlands adjoining the river. Future annexations to city boundaries are expected to expand the cities'jurisdiction in these areas, reinforcing the need for close cooperation on land and aquatic resource planning. 4 The ACOE and the Local Sponsors support in principle the goals of the Mill Creek SAMP and agree to work, in the phased schedule described below, to identify the changes or modifications necessary in their existing regulations, polices, codes, and practices to ensure consistency with the SAMP; and will commence the public and legislative process to revise such regulations, codes, policies and practices as appropriate. Therefore, the ACOE, and the Local Sponsors agree to the following: PHASE I Army Corps of Engineers a) The ACOE will, within six (6) months from the effective date of this MOA, determine whether to propose a Regional General Permit or other type of permit to implement the Mill Creek Basin SAW under Section 404 of the Clean Water Act. This determination will also include whether to suspend Nationwide Permits # 13,14,18,26, and 29. b) The ACOE will actively pursue the identification of Federal funding opportunities available to them which could help support the implementation of the SAMP, and will further determine whether any local matching funds are required to secure such funding. Local Sponsors a) The Local Sponsors will within six (6) months from the effective date of this MOA, identify the explicit changes and modifications that are necessary to make the SAMP and their existing regulations, codes, policies and practices consistent. b) The Local Sponsors will coordinate their efforts during Phase I so that each local sponsoring jurisdiction will have identified approaches which are internally consistent and will minimize conflict or inconsistency with similar efforts in the adjoining municipalities or overlapping jurisdictions. King County will be responsible for organizing and coordinating meetings of the local sponsoring jurisdictions. 5 c) The Local Sponsors will pursue the identification of funding opportunities available, which could support the implementation of the SAMP. PHASE II Army Corps of Engineers a) If, in Phase I described above, it is determined that a Regional General Permit is appropriate for the Mill Creek Basin, the ACOE will, within six (6)months of the completion of Phase I, commence the formal permit process by publishing a notice of intent to issue a Regional General Permit and suspend Nationwide Permits as determined in Phase I. b) The ACOE will pursue any federal funding opportunities identified in Phase I in coordination with local match commitments where needed. c) The ACOE will establish a Technical Oversight Committee (TOC) as described in the SAMP. The TOC will primarily be responsible for reviewing technical detail of proposed mitigation for wetlands permits in the Mill Creek Basin and monitor the implementation of the SAMP upon its adoption. Local Sponsors a) The Local Sponsors agree that all proposed changes to their local regulations, codes, policies, and practices will be submitted to their legislative bodies for consideration within six (6)months of the completion of Phase I. b) The Local Sponsors agree to participate on a TOC. c) The Local Sponsors agree to initiate procedures required to request funds needed to support the implementation of the SAMP. B. SUPPORTING AGENCIES For the SAMP implementation to yield the most significant benefits to the environment and the community, there must be concurrence and guidance by several other Federal, State, and Tribal entities having jurisdiction and/or interest in the basin in addition to the 6 Sponsors listed in IV.A. above. Those entities, hereby identified as Supporting Agencies, include: US Environmental Protection Agency, US Fish and Wildlife Service, National Marine Fisheries Service, the Muckleshoot Indian Tribe, and the Washington State Departments of Ecology and Fish and Wildlife. The responsibilities of the Supporting Agencies under this MOA are as follows: PHASE I a) The Supporting Agencies agree, within six (6) months from the effective date of this MOA, to identify any existing regulations, codes,policies or practices which may not be consistent with the implementation of the SAMP and to report back to the Signatories of this MOA. PHASE II a) If in Phase I, a Supporting Agency identifies rules, regulations, codes, policies or practices that may not be consistent with the SAMP, such Agency will identify explicit changes or modifications that are necessary for the SAMP and existing rule, regulation, code, policies or practice to be consistent. This shall occur within six (6) months of the completion of Phase I. b) The Supporting Agencies agree to participate, to the extent possible, on a TOC when it is established. c) The Supporting Agencies agree to use the SAMP's watershed-wide analysis of the basin to guide their review of permits and approvals of projects proposed in the basin over which they have jurisdiction. 7 IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of , 19 SPONSOR US Army Corps of Engineers Colonel James M. Rigsby 8 IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of 19 SPONSOR City of Auburn Mayor Charles A. Booth 9 IN WITNESS WHEREOF, the parties her to have separately executed this Memorandum of Agreement on the da � y SPONSOR City of Kent Mayor 10 IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of , 19 SPONSOR King County Executive Ron Sims 11 IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of , 19 SUPPORTING AGENCY US Environmental Protection Agency Region 10 Administrator Chuck Clarke 12 IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of , 19 SUPPORTING AGENCY US Department of Fish and Wildlife Supervisor David C. Frederick 13 IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of , 19 SUPPORTING AGENCY WA Department of Ecology Director Tom Fitzsimmons 14