HomeMy WebLinkAboutCity Council Meeting - Council Workshop - Agenda - 05/02/2000 CITY OF
�— Jim White, Mayor
INVIC'CP►
COUNCIL WORKSHOP
AGENDA
The Council Workshop will meet in Chambers East in Kent City Hall at 5:00 PM on Tuesday,
May 2, 2000.
Council Members: President Leona Orr, Sandy Amodt, Tom Brotherton, Tim Clark,
Connie Epperly, Judy Woods, Rico Yingling
Speaker Time
1. Endangered Species Act Don WickstromBill Wolinski 40 minutes
2. Council Web Pages Stan Waldrop/Dan Meeker 20 minutes
The Council Workshop meets each month on the first Tuesday at 5:OOPM and the third Tuesday at 5:30 PM
in Chambers East unless otherwise noted. For agenda information please call Jackie Bicknell at(253) 856-
5712.
ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE
CITY CLERK'S OFFICE AT (253) 856-5725 IN ADVANCE. FOR TDD RELAY SERVICE, CALL
THE WASHINGTON TELECOMMUNICATIONS RELAY SERVICE AT 1-800-833-6388.
220 4th AVE.SO., /KENT,WASHINGTON 98032-5895/TELEPHONE (253)856-5200
KEN T
W A S H I N G T O N
The Endangered Species Act
Council Workshop
May 2, 2000
and the
Salmonid ESA Listings
City of Kent
1
DEPARTMENT OF PUBLIC WORKS
May 2, 2000
TO: Mayor White
City Council Members
FROM: Don Wickstrom
RE: Council Workshop on the Endangered Species Act
This briefing document is intended to provide a general overview of the current status of ESA
implementation in the Puget Sound Region. It also provides information on what ESA
implementation for listed species (Chinook salmon, bull trout) means for the City of Kent.
For more detailed information, a wealth of material exists through the various Internet addresses
provided herein, or you can contact Bill Wolinski or Richard Chase in the Environmental
Engineering section.
ESA 'Terminology
Threatened: classifihaou hout all or provided ta significant portiono those animals dof plants
rlikely
ges become endangered within
the foreseeable future t g
Endangered: classification provided to those animals and plants in danger of extinction within the
foreseeable future throughout all or a significant portion of their ranges
Take: to harass, harm, pursue, hunt, shoot, wound, kill,trap, capture, and/or collect a protected
species, or the attempt to engage in any such conduct
Harm: includes significant habitat modification or degradation where it actually kills or injures wildlife
by significantly impairing essential behavior patterns, including breeding, feeding, or sheltering
Harm (NMFS): an act that actually kills or injures fish or wildlife and may include significant habitat
modification or degradation where it actually kills or injures fish or wildlife by significantly impairing
essential behavioral patterns, including breeding, spawning, rearing, migrating, feeding, and sheltering
Incidental Take: "take"that is incidental to, and not the purpose of the carrying out of, an otherwise
lawful activity. Incidental take that is likely to result from the actions of state or local governments,
corporations, or private individuals may be authorized under Section 10 of the ESA
Properly Functioning Aquatic System: functioning habitat conditions for anadromous fish
based on the best scientific and commercial information available (only as good as the science). System
components include water quality, habitat access, habitat elements, channel conditions, flow/hydrology,
and watershed conditions
Substantial Information: FWS deems that adequate and reliable information has been presented
or is available that would lead a reasonable person to believe the petitioned action may be warranted.
This information is most favorably accepted when the most reliable and credible sources are published
in the peer-reviewed scientific literature
Jeopardy: an action that reasonably would be expected, directly or indirectly, to reduce the likelihood
of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers,
or distribution of that species
Critical Habitat: for listed species consists of: (1) the specific areas within the geographical area
occupied by the species at the time it is listed in accordance with section 4 of the ESA, on which are
found those physical or biological features (constituent) elements (a) essential to the conservation of
the species and (b) which may require special management considerations or protection; and (2) specific
areas outside the geographical area occupied by the species at the time it is listed in accordance with
the provisions of section 4 of the ESA, upon a determination by the Secretary that such areas are
essential for the conservation of the species
4(d) Rule:
Official definition: as applied, this provision empowers the FWS or NMFS to promulgate a special
rule which adopts species-specific protective regulations upon listing a species as threatened. Such a
special rule may include imposition of the section 9(a)-prohibition against "take", in some or all of its
particular manifestations, and in all or a portion of the species' range, as well as other protective
measures. While Congress expressly mandated certain protections for endangered species by statute
(the section 9(a)(1) prohibitions), it intended to provide the flexibility in determining what protections
are necessary and advisable for threatened species. Section 4(d) is that grant of rulemaking authority,
and it provides the Secretary with broad discretion to adopt regulations for the conservation of threatened
species.
General person definition: allows the States to take responsibility for, and define the conditions under
which activities may continue in a habitat in which a listing occurred
Foster Wheeler Environmental Corporation and Madrona Planning and Development Services,Inc.
NMFC NWR The FCA and Lnnal Gnvernmentc - Tnfnrmatinn nn 4(d) Rides Page 1 of f
Protected Resources
NOAA Fisheries National Marine Fisheries Service
THE ESA AND LOCAL GOVERNMENTS:
INFORMATION ON 4(d)RULES
National Marine Fisheries Service, Northwest Region
May 7, 1999
Thank you for your interest in the Endangered Species Act(ESA) and the recent listings
of salmon and steelhead species throughout the Pacific Northwest. There are many ways
that local governments can help protect and recover these important resources. NMFS is
interested in working with local and regional groups to develop programs that protect
listed species and their habitats and would like to recognize those programs under the
ESA where possible. This pamphlet contains information on "4(d)rules,"an ESA
mechanism for protecting threatened species, and a means by which local governments
can obtain assurance that activities they authorize or conduct are permissible under the
ESA. NMFS plans to update this information regularly; we are interested in your
feedback on its usefulness and would like to hear your ideas for additional information we
can provide to local governments.
What is a "4(d) Rule?"
A "4(d)Rule" establishes protective regulations that apply to a species listed as threatened under the
Endangered Species Act (ESA). These rules are one of the mechanisms through which a local government (or
other government entity or private party) may obtain assurance that activities it authorizes or conducts are
legally permissible under the ESA and consistent with the conservation of listed species.
Under the ESA, a species may be listed as either endangered
("in danger of extinction throughout all or a significant portion of its range" ESA §3[6]) or threatened("likely
to become endangered within the foreseeable future throughout all or a significant portion of its range" ESA
§3[191). The ESA treats species designated as endangered slightly differently from species designated as
threatened. For endangered species, certain prohibitions against killing or harming the species go into effect
immediately upon listing (i.e., section 9 prohibits "take"-see below, under 'What is 'Take' of a Listed
Species?'). For species listed as threatened, section 4(d) of the ESA provides that the National Marine
Fisheries Service (NMFS)-or the U.S. Fish and Wildlife Service (USFWS) in the case of species under its
jurisdiction-shall issue regulations deemed "necessary and advisable to provide for the conservation of the
species."
These protective regulations for threatened species may include any or all of the ESA section 9 prohibitions
that apply automatically to protect endangered species. In addition, they may contain specific proscriptions or
exceptions instead of, or in addition to, the general prohibitions against harming or killing a listed species.
Thus, a 4(d) rule can be used to"except" certain activities from the section 9 prohibitions so long as the
programs adequately protect the listed species.
Incorporating such "exceptions" into a 4(d) rule is advantageous to both NMFS and local governments.
Activities carried out in accordance with 4(d) rule exceptions can help protect threatened species and their
habitats while relieving local governments from liability for "take" that occurs incidentally to those activities.
NMFS also anticipates that any activity included as a 4(d) rule exception will likely be incorporated into ESA
NMFS NWR" The FSA and T.nasal C'Tnve.rnmPntc - Tnfnrmatinn nn 4(til Ri Page ?. of h
Recovery Plans for listed salmonid species.
NMFS is interested in working with local jurisdictions (and other interested parties)to develop programs that
protect endangered and threatened species and their habitats and to recognize such programs through 4(d)
rule exceptions or other ESA mechanisms.
What is "Take" of a Listed Species?
The ESA makes it illegal for any person subject to the jurisdiction of the United States to take any species of
fish or wildlife that is listed as endangered(ESA §9[a][1]). This prohibition applies within the United States
and its territorial waters as well as on the high seas. The term take is defined in the ESA as to "harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct" (ESA §3
[19]). It is also illegal under ESA section 9 to possess, sell, deliver, carry, transport, or ship any species that
has been taken illegally (ESA §9[a][1]).
The term "harass" is defined as an intentional or negligent act that creates the likelihood of injuring wildlife by
annoying it to such an extent as to significantly disrupt normal behavior patterns such as breeding, feeding, or
sheltering (50 CFR 17.3). "Harm" is an act that either kills or injures a listed species. Such an act may include
habitat modification or degradation that significantly impairs essential behavioral patterns such as breeding,
spawning, rearing, migrating, feeding, or sheltering and results in death or injury to a protected species
(proposed at 50 CFR 217.12, existing at 50 CFR 17.3).
Any government body authorizing an activity that specifically causes take may be found to be in violation of
the section 9 take prohibitions. For example, authorizing the use of an herbicide that is directly linked to
mortality of a listed species, de-watering a stream in a manner or at a time that has the effect of preventing
migration, or permitting construction to occur in such a way and at such a time that sedimentation
significantly impairs salmon survival might be construed as take. As a practical matter, the more direct the
connection between what the government entity authorizes and the injury to the species, the more likely that
the government entity could be held responsible for take.
It is important to note that the ESA does not prohibit all take but allows the permitting of an acceptable
amount of take, including a certain amount of take that is "incidental' to otherwise lawful activities.
What activities carried out or overseen by local governments are likely to lead to "take"?
A wide range of land and water planning and permitting activities carried out by local governments can
adversely affect or "take" fisted species. While it is not feasible to list comprehensively every local government
activity that might lead to take, it is possible to provide some general guidance on the kinds of activities most
likely to result in take.
NNIFS and the USFWS have a policy to identify,to the extent known at the time a species is listed, specific
activities considered likely to result in take. As indicated in the Federal Register "Notice of Threatened Status
for Two ESUs of Steelhead in Washington and Oregon" (64 FR 14517), such activities include, but are not
limited to:
. Destroying or altering the habitat of listed salmonids (through activities such as removal of large woody
debris or riparian shade canopy, dredging, discharge of fill material, draining, ditching, diverting,
�... blocking, or altering stream channels or surface or ground water flow).
. Discharging or dumping toxic chemicals or other pollutants (e.g., sewage, oil, gasoline) into waters or
riparian areas supporting listed salmonids.
. Violating Federal or state Clean Water Act discharge permits.
\TMFC \iWR• ThP F.4A and T.nal CCTnvPrnmPntc - Tnfnrmatinn on 4(d) RndPc PaaP I of6
. Applying pesticides and herbicides in a manner that adversely affects the biological requirements of the
species.
. Introducing non-native species likely to prey on listed salmonid species or displace them from their
habitat.
Some of the activities carried out or authorized by local governments that have a high likelihood of affecting
salmonid habitat include the following:
. Planning, zoning, and development permitting
. Erosion and sediment control
. Floodplain management
. NPDES permit implementation
. Water use
. Stormwater discharge
. Wastewater discharge
. Road and bridge construction and maintenance
. Pesticide, herbicide, fertilizer, and other chemical use
. Riparian area protection, alteration, or development
. Wetland protection, alteration, or development
. Estuarine shorelands protection, alteration, or development
It is important to note that many of the above activities-depending upon how they are carried out-may have
either adverse or beneficial effects on listed species.
By comprehensively assessing local government activities, it is possible to determine their potential to affect
anadromous salmonids. This could be accomplished by working through the above list (or a list of all local
government activities), identifying how the activity could affect anadromous salmonids, assessing the relative
likelihood of the effect, and weighing the potential for the local government to influence those effects.
How can programs be submitted to NMFS for consideration as an exception under a 4(d)
rule?
For N IFS to consider an activity or program for an exception under a 4(d) rule, the following information
and analysis are desirable:
. A description of the activity or program being proposed, the geographic area within which the
proposed action/program will apply or be carried out, and the jurisdiction or entity responsible for
overseeing the action/program.
. A description of the listed species and habitat that will be affected by the action. This information
should include fish distribution and abundance in the affected area and a description of the type,
quantity, and quality of habitat in the affected area.
. A description of the environmental baseline. This information should describe existing conditions of
water quality, habitat access, riparian areas, stream channels, flow, and watershed indicators such as
total impervious area and any existing high quality habitat areas.
. A description of the anticipated short-term and long-term impacts of the action on the species
(including all life-cycle stages) and its habitat. This description should include both positive and
negative impacts and describe how any adverse impacts will be avoided, mitigated, or minimized.
. A description of the certainty of implementation of the program or action. For example, what
commitment has been made to carry out the action or program? Are the legal authorities necessary to
N-4"' carry out the program in place? Is funding for implementation available and adequate? Is staffing
available and adequate? What is the schedule for implementation? If the program is currently being
implemented, what is the record of implementation and effectiveness to date?
N1V1FC NWR• The F.CA nnti T.nnnl CTnvPrnmPnts - Tnfnrmntinn nn 4(d) Rile,, pnaP G of 6
. A program for monitoring both the implementation and effectiveness of the action or program and time
frames for conducting monitoring and submitting reports.
. An adaptive management approach, as necessary, that uses monitoring information as needed to change
actions so as to accomplish objectives.
L How does NMFS make decisions on what can be included in a 4(d) rule?
NMFS analysis of a proposed exception for a 4(d) rule involves defining the biological requirements of the
listed species; evaluating the relationship of the existing environmental baseline conditions to the species'
current status; determining the effects of the proposed or continuing action on the listed species; and
determining whether the species can be expected to survive with an adequate potential for recovery under the
effects of the proposed or continuing action, taking into account the environmental baseline conditions and
effects of other actions.
In assessing the impacts of a proposed action or program on a species' freshwater or estuarine habitat,NMFS
considers the following factors:
. Will the action or program degrade existing habitat processes or functions?
. Will the action or program contribute to the restoration of degraded habitat processes or functions?
Some specific examples of local government activities or programs and associated issues are:
Stormwater discharge. Stormwater discharge can adversely affect water quality and the hydrograph of the
watershed. These effects can be mitigated by reducing hardened surfaces, detaining runoff, and preventing
sediment and other pollutants from reaching any watercourse.
Riparian protection areas. Adequately protected riparian areas are key to maintaining watershed processes
�., and functions. Because of the intensity of disturbance in surrounding uplands, riparian protections are at least
as critical in urban areas as in rural areas. Riparian areas with adequate amounts of mature, native vegetation
are essential for controlling temperature, maintaining bank stability and other components of stream structure,
filtering pollutants, and providing other characteristics important to water quality and fish habitat.
Stream crossings. Stream crossings can harm watershed processes and functions by disrupting fish passage,
creating sedimentation problems, modifying channels, and changing drainage patterns. One way to minimize
stream crossings and associated disturbances is to direct development to certain locations. Where crossings
are necessary, their impacts can be minimized by using bridges instead of culverts, sizing bridges to a
minimum width, designing culverts to pass at least the 100-year flood, ensuring regular and long-term
monitoring and maintenance, and not closing over any intermittent or perennial stream. The Washington
Department of Fish and Wildlife-Habitat and Lands Environmental Engineering Division - Guidelines for Fish
Passage Design at Road Culverts; a Design Manual for Fish Passage at Road Crossings, October 7, 1998,
and the Oregon Department of Fish and Wildlife-Habitat Conservation Division - Guidelines and Criteria for
Stream Road Crossings, provide excellent frameworks for making decisions on culverts and road crossings.
Stream meander patterns and channel migration zones. Residential and commercial development and
other types of land use activities can result in modification of stream and river channels through road
construction, filling of wetlands, encroachment on riparian areas and floodplains, relocation of channels, and
construction and maintenance of ditches, dikes, and levees. These highly modified channels generally provide
poor habitat for fish. Development can be designed to allow streams to meander in historic patterns. Adequate
riparian zones linked to the channel migration zone avert the need for bank erosion control in all but the most
unusual situations. In such situations, bank erosion can be controlled through vegetation or carefully
bioengineered solutions. Habitat elements such as wood, rock, or other naturally occurring material should
not be removed from streams.
1VMRC NWR- The RCA anti T.nral C'.nvernmentc - Tnfnrmstinn nn 4(ch Rulec P�oP. 5 nfFs
Wetlands and wetland functions. Wetlands control sediment delivery to streams, mitigate pollutants, and
help maintain the natural hydrograph. Development planning that maintains existing wetlands can protect the
habitat, water quality, flood control, and groundwater connection values of wetlands.
ti.. Landscaping. Careful landscaping can help conserve water and reduce demands for flow that compete with
fish needs, in addition to reducing the use of fertilizers, pesticides, and herbicides that may contribute to water
pollution.
Erosion control. Suspended and deposited sediments can suffocate salmon eggs incubating in stream gravels,
degrade fish respiration, eliminate places for salmon to hide from predators, and change the productivity of
aquatic insects. Construction of buildings and roads without adequate sediment controls may increase
sediment loading to streams by several orders of magnitude.
Implementation, monitoring, maintenance, enforcement, and reporting. Mechanisms-including funding
and legal authority- for implementation, monitoring, maintenance, enforcement, and reporting need to be
adequate to assure that development will comply with approved policies, ordinances, and permitting
procedures.
What other mechanisms are available for local government compliance with the ESA?
Section 10 of the ESA provides another mechanism for NMFS to permit taking when it is the incidental result
of carrying out an otherwise lawful activity. Applicants for an Incidental Take Permit must submit a Habitat
Conservation Plan(HCP) to NMFS. The HCP must identify the impact of any taking associated with
activities covered by the plan and identify steps that will be taken to monitor, minimize, and mitigate impacts.
For more information on HCPs, see the publication entitled "Habitat Conservation Plans and the Incidental
�.. Take Permitting Process," available on the U.S. Fish and Wildlife Service web site, at:
http://www.fws.gov/r9endspp/hcp/hcpplan.html,or speak with one of the NMFS contact people listed below.
Section 7 of the ESA requires that Federal agencies consult with NMFS on activities they authorize, fund, or
carry out to ensure that such activities are not likely to jeopardize the continued existence of listed species or
result in the destruction or adverse modification of their critical habitat. Such activities include federally
funded projects such as road construction, stormwater management, rural and urban development, and many
other activities conducted, permitted, or funded by federal agencies.
How do I get additional information?
For information on Contact Phone E-Mail
Puget Sound Elizabeth 206-526- Elizabeth.Babcock@noaa.Qov
Babcock 4505
Upper Columbia Basin Mike Grady 360-753- Michael.Grady Grady@noaa.gov
6052
Danny 206-526-
Mid-Columbia Basin Consenstein 4506 Danny.Consenstein@noaa.gov
`.- Lower Columbia River and SW 503-230-
Washington Rob Jones 5429 Rob.Jones@noaa.gov
Patty 503-230-
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Dornbusch 5430
Patty 503-230- '
Oregon Coast P Patty ch 5430 Patty.Dombusch@.noaa.gov
DornbusCalifornia Coast Greg Bryant 3684 41 Greg.Bryant@noaa.gov
I
Additional References
The references below may provide additional information on the impacts local government activities have on
salmon habitat. Some of the following documents may be available from the NMFS contacts listed above.
Please also visit the NMFS Northwest Region Web Site at http:Hwww.nwr.noaa.gov for additional
information on listed species, including Federal Register notices, species maps, status reviews, and fact
sheets.
Beak Consultants Incorporated. 1998. "Assessment of City of Portland Activities for Potential to Affect
Steelhead." Beak No. 74008.701. Prepared for City of Portland, Oregon. September 15, 1998.
National Marine Fisheries Service. "Coastal Salmon Conservation: Working Guidance for State Conservation
Plans," September 15, 1996. (Available from National Marine Fisheries Service, 525 NE Oregon Street, Suite
500, Portland, OR 97232 or 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802)
National Marine Fisheries Service. 1996. "Factors for Decline: A Supplement to the Notice of Determination
for West Coast Steelhead Under the Endangered Species Act." (Available from National Marine Fisheries
Service, 525 NE Oregon Street, Suite 500, Portland, OR 97232 or 501 West Ocean Blvd., Suite 4200, Long
Beach, CA 90802)
National Research Council. 1995. Upstream: Salmon and Society in the Pacific Northwest. National
Academy Press: Washington, D.C.
Spence, B.C., et al. 1996. "An Ecosystem Approach to Salmonid Conservation." TR-4501-96-6057.
ManTech Environmental Research Services Corp., Corvallis, OR. (Available from National Marine Fisheries
Service, 525 NE Oregon Street, Suite 500, Portland, OR 97232.)
Home I Fact Sheets I Federal Register Notices ESA Status Pages
Maps I Reports& Publications I Search Contact Us
Updated April 18, 2000
World Wide Web and Phone Guide to ESA and
Salmon Recovery in the Puget Sound Region
Federal
• National Marine Fisheries Service
Species Status - http://www.nmfs.gov/prot_res/fish/anadromo.html
Northwest Regional Office - http:/Iwww.nwr.noaa.gov/
• US Fish and Wildlife Service
Endangered Species Page - http://www.fws.gov/r9endspp/endspp.htmi
• EPA
EPA TMDL Web Page - http://www.epa.gov/owow/tmdl/
• Endangered Species Act (full document) -
http://www.fws.gov/r9endspp/esa.htmi
State
• Governor Locke's Plan - http://www.wa.gov/esa/
• Watershed Planning and HB 2514 -
http://www.wa.gov/ecology/lats-etc.html
• Washington DOE Water Quality Home Page -
http-//www.wa.gov/ecology/wq/wghome.html
J • Salmon Help Line: Questions on Salmon, ESA, or recovery efforts
1-877-SALMON-9
I
Count
• Tri-county ESA web site - http://www.salmon.gen.wa.us/
• King County ESA Page - http://www.metrokc.gov/exec/esa/
J
City
See Tri-County Web Site to links to cities and municipalities
iFoster Wheeler Environmental Corporation and Madrona Planning and Development Services, Inc.
s!
PUGET SOUND
CHI NOOK SALMON ESU
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f a
Port Angeles
-
O
":{
;K' ——
Land Ownership p' Chinook Salmon ESUs
Federal(36%) -
Private(53%)
State/Local(10%) 1} f
i Tribal(1%) l
Note:Map is for general reference only.
Scale:
United States Department of Commerce
National Oceanic&Atmospheric.administration ut 0 ui z0 )D Mks
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION 10 o io xo )o Kil—1,,ti
525 N.E.Oregon St.,Suite 410
Portland,OR 97232 MAP DATE:2111/99
Tel(503)231-2223 HLW wo-FSTO10—
ENDANGERED ECOLOGY OF PACIFIC SALMON AND
APE C E T CHINOOK; THE STATUS OF PUGET
SOUND STOCKS
L#
Salmon hatch in freshwater from eggs laid in the gravel beds of rivers and
C H I N O O K streams (and in some cases along lake shorelines).Except for steelhead and
cutthroat, adults die after spawning a single time.Upon hatching,juveniles
spend from hours to years in the freshwater environment before migrating to the
sea to grow to adulthood.Oceanic migrations of thousands of miles typically take
them northward along the continental shelf, often into the Gulf of Alaska and
beyond.On reaching maturity,they migrate from the ocean back to the rivers
and streams of their birth to spawn.
�Z.Q�Pi Q.`GG�i�da�tatr'0rti
All Pacific salmon are members of the genus Oncorhynchus,meaning"bent
snout". Their home streams range from southern California to northern Alaska
and from Siberia southward to Hokkaido,Japan.Salmon need gravel-bedded
rivers and streams with clear,cold (42-587), and well oxygenated waters. Gravels
must be relatively free from silts and fine sands to allow free flow of water and
oxygen to eggs deposited in the inter-gravel spaces.Various salmon species
assort themselves by stream size,gravel size,flow and depth of water, and timing
of return.Watershed-specific variations in these characteristics have produced
populations that are"fitted"to these environments and that differ in subtle ways
from adjacent populations.This local adaptation is a fundamental characteristic
of wild salmon. Seven species are represented in the waters of King County and
Puget Sound: chinook, coho,pink, chum, sockeye,steelhead/rainbow, and
cutthroat.
D�tco�y&dtd�& czarCki;wok, or "Ki, Sulnwi&
In King County chinook are in the Snoqualmie, Cedar,Green and White
River systems. Some basic facts about chinook salmon include:
•Chinook are the largest of all Pacific salmon,averaging 36 inches in length
and 22 pounds in weight;they also are the least abundant species.
•Chinook spawn mostly in large streams and are found in all major water-
sheds in Puget Sound.The largest runs in the Sound are on the Skagit,
Stillaguamish and Snohomish (including the Snoqualmie/Skykomish)
Rivers. Chinook are also present in smaller tributaries, including Bear
Creek,North Creek and Newaukum Creek in King County.Virtually all wild
Puget Sound populations are far below what are believed to be their his-
toric numbers;most have declined from 18%to more than 90%since the
1960s.
•There are spring,summer and fall runs of chinook in Puget Sound.Fall
runs,which migrate upstream from late July through September,tend to be
BULL TROUT the most abundant.
•Adult chinook die within 2-5 days of spawning;their eggs hatch in about 60
days.Newly hatched salmon,called"alevins",remain in the gravel for about
3 weeks.Upon emerging,the"fry"or"parr"remain in freshwater for about
�-- O 3-6 months feeding on stream and terrestrial insects.In the Lake Washing-
King county,WA ton system, some fry may reside in the lake for 2-3 years.Now ready to
leave the fresh water,these "smolts" migrate downstream to Puget Sound,where they feed and grow
for several weeks to over a year.Then the fish migrate northward to the Gulf of Alaska,where they feed
on small fishes and krill for 2-4 years before migrating homeward to spawn.
�. Check out the Salmon Information Center Website at http://www.salmoninfo.org
or call the Salmon Information Center Hot Line at 1-877-SALMON-9 for more resources.
rk�Status of wild Salr�corti t*Puget soWtdc Cki�,00k Listed
In 1991,the Endangered Species Committee o the American Fisheries Society(AFS)published an article
reviewing the status of Pacific Salmon stocks from California,Oregon,Idaho and Washington in Fisheries
magazine'.The article was later corroborated independently by the National Research CounciF.The AFS
committee found that:
•More than 75% of Pacific salmon populations were severely depleted and at some risk of extinction;
•Eighteen of the 214 stocks reviewed appeared to be extinct; 101 were found to be at high risk of extinc-
tion; and
•Salmon had disappeared from more than 40%of their historic range.
Generally speaking, as you move south along the Pacific Coast,the health of salmon stocks worsens,with the
highest degradation in areas heavily influenced by dams and urban development.The healthiest stocks were
in Alaska and northern British Columbia.
Consistent with its responsibility under the Endangered Species Act,these findings led the National Marine
Fisheries Service (NMFS) to initiate a coast-wide assessment of sea-going salmon and trout in 1992.In Puget
Sound,NMFS has focused its concerns on coho and chinook populations and on chum populations in Hood
Canal.Virtually all Puget Sound populations of chinook salmon are far below what are believed to be their
historic numbers;most have declined from 18%to more than 90%since the 1960s.NMFS has determined
that for chinook- and possibly coho-the populations that inhabit the various rivers of the Sound are geneti-
cally related and thus share a common destiny;for chum,two population segments in Hood canal are closely
�.. related. Such related populations are termed Evolutionarily Significant Units (ESUs) and are the biological
unit for listing salmon species under the ESA.
NMFS listed Puget Sound chinook and Hood Canal chum as threatened species under the ESA in 1999, and
the U.S.Fish and Wildlife Service listed bull trout as threatened in 1999. Coho are expected to be proposed
for listing by the year 2000. The Evolutionarily Significant Unit(ESU) for Puget Sound chinook includes
stocks from all rivers in Puget Sound and Hood Canal,including the Elwha and Dungeness Rivers on the
Strait of Juan de Fuca.
In 1992,the Washington Department of Fish and Wildlife conducted a status survey of salmon and steelhead
in Washington waters.Published in 1993,the Salmon and Steelhead Stock Inventory(SASSI) reviewed 148
stocks in Puget Sound.The review found 11 stocks that were"critical"-that is, subject to permanent harm or
extinction;these included stocks of chinook,chum and steelhead.It found 44 stocks that were"depressed"-
that is,whose production was below expected levels;these included stocks of coho and, in Hood Canal,fs'nl
salmon.It found 93 stocks to be"healthy"-though even these did not distinguish between fish of hatchery or
natural origin, only that they returned to spawn in the wild.
The best available information suggests that freshwater habitat loss and modification has been the most
significant cause of decline for stocks in Puget Sound,particularly for chinook and coho.Poor ocean condi-
tions and fishing pressures have accelerated the decline.
'Pacific Salmon at the Crossroads...Fisheries: (16):2.March 1991
2 Upstream:Salmon and Society in the PNW.NRC, 1996
Revised on 06/24/99
File Name:9906 Salmon Ecology Status
t _03-liwer5kagit-Samish
1
t �
� t
054tillaguamish "`tR
,
t Ob-Island z Q ki O M ' f 1
17- s
t guiltene-Shaw t i _ ~` 45-We
,.,'tom. •, <
07-Snohamish
1$-Kitsap K G CI U N 7 Y t�
08-Cedar-
Sammamish
(N!!t \ 1
' l
09-
Duwamish Green
t"
-?- ,,, 3"U'irerllakiissa
Chambers-
Clover
s�
10-"llup�wlte l
FIERCE COUNTY —
a 2 litz
( N
r
Chinook Stock Status and Distribution Tri-county WRIA Basins
— — County Boundary
11•tume WRIA Basin Boundary,Number and Name
Seurcc CNnaak Stock Information tom
River/Stream with Healthy Chinook Stock WasNngton Nate Departmentofnsh&Mdfft,1997
River/Stream with Depressed Chinook,Unknown or Non-native Stock Produced by the Yuual conununiation&US Unit Public Outreach Section
File Name 9II06ftookSurusWistrib,uonai FB
River/Stream With Critically Depressed Native Chinook Stock
ING COUNTY
WRIA(Water Resource Inventory Area)- De artment of Natural Resources
A watershed-based land unit for river and stream inventory and @)�"K
iw
P
management developed by the state of Washington in 1973.
S A N J U A N `'1- 03-Lower Skagit-Samish s K A G I T _ -
COUNTY / \ COUNTY
l 1
I S LA NO
- s_ -Upper
i COUNTY \------. ----'----------- -- — — -----.—.—.—.—
I \ i 05-Stillaquamish
1 - SNOHOMISH COU TY
CHELAN
I EF F ER 50N ^ r - = COUNTY
COUNTY
/.. 45-Wenatchee
— — i "I
— ----------- —'----- --- ----- —
I _ KING COUNTY .�
KITS AP
COUNTY
MASON
COU N T Y - \
\ l
\ m LL"• ++-•.- way - ry ' K ITTITAS
COUNTY
39-UpperYakima
- Chambers-
Clover
11-Nisqualty t
10-Puyallup-White
4-
— — _
TnURSTON ? PIERCE COUNTY — —
COUNTY -:� 4� '� 38-14aches
26-Cowlitz
YAKIMA
COUNTY
LEWIS
COUNTY -
Bull Trout Distribution in Snohomish, King and Pierce Counties
- - County Boundary ___ US Fish&Wildlife currently does
not have recent or historic
----- Tricounty WRIA Basin Boundary information confirming presence ) `
of bull trout(as of It 7%99)
11-name WRIA Basin Boundary
- US Fish&Wildlife currently has
recent or historic information
WRIA(Water Resource Inventory Area): rreanr "''
- J confirming presence of bull trout
(as of 1 7r'99) KIT'G'0IIN-rY Rkea ae
1Wildlife
�- Bull Trout Facts
Bull trout,
(Salvelinus eonf Zuentus) resident(stream)
type
?`i•`.••s.xYji ::;t„��.,it(.'�' r7i..,;;•`• ra?yc:'waa. i�{F� 3•:•L;.,.:.y, - ;�,:'.
4iR t.i%: :,p:1ti�: .s�:•F: M r j �%S�i '•:•C ;' ..`r d:'.i:.aS.it• � ,_"."�• .
s ' t`;:+ .•..+ii::`�,+^,e.�.::j.Y~'•' ••i2'i,•"' itt?Y•;^•,�,'�rij• ...
�tfii�_:r�fi°%i•.;-,j,7 i•.`ti .{<k�.y r'• }:�e,•,"�.'•�i,.E(,:•„n,r•}R; ":f. �'... ..ram
?. •.;..�•rT` ':: '!':iai:::.-%r•:j.f{.: !'e;:5'4Y a�fai.. .R•^•. �. e' wr;4y.2�=;j:::`:?a'Y;
1. S%.,. :• •^ .,'(+:.:d" i':' ..;d•. •'; +G^.n.�u'
tM;',t 'c%+a: ti7,,S '�:�;ji•:ltat�ic � '"•!�h-.,.yx,;::t �?;
i�?. ?`3:1rii<L�s>+r:�. F�:::y�<.:..}.�},:^t.�.,.fl;?r;>v,•.�.t;.:�::'.:•�':d^. ..w• a:.s•....:_ =:1:•:
=a:Y .:�' .: :`:o`\`:''•y.[n:,,,y>;,�.• i:�_t.i:, :5:i;::.:1:,:,:':t!;.y_..r ,,:BS' !'r,.;.,�,..1.
••3 •;,?•i`;:ji• �. i^.oxG:�'f,M:vf`:�.yr..N ,.t1o���•.'v,.. ':r:,y+.4•rr4ti'�5,.,•:: .Y?`t:;.!,:. •:;.•�.i
What is a bull trout?
Bull trout are members of the char mainly an inland species,while
subgroup of the salmon family,which Dolly Varden are more common in Klamath Basin in Oregon,the McCloud
also includes the Dolly Varden,lake coastal areas. In Washington,both River in California and north to
trout,and Arctic char.They can grow species are present in the Puget Sound Alberta,British Columbia,and possibly
to more than 20 pounds(9 kg)in lake area. southeastern Alaska.Today bull trout
environments.Bull trout that live in are found primarily in upper tributary
streams rarely exceed 4 pounds(2 kg). How are char different from other streams and several lake and reservoir
salmonids? systems;they have been eliminated
Bull trout and Dolly Varden look very Char(genus Salvelinus)are distin- from the main stems of most large
similar,and were once considered the guished from trout and salmon by the rivers.The main populations remaining
same species.Both have small,pale absence of teeth in the roof of the in the lower 48 states are in Montana,
yellow to crimson spots on a darker mouth,presence of light colored spots Idaho,Oregon and Washington with a
background,which ranges from olive on a dark background(trout and small population in northern Nevada.
green to brown above,fading to white salmon have dark spots on a lighter Bull trout are now extinct in northern
on the belly.Spawning adults develop background),absence of spots on the California.
varying amounts of red on the belly. dorsal fin,small scales,and differences
Both species also exhibit differences in in the structure of their skeleton.Char What do bull trout eat?
size,body characteristics,coloration, are distributed farther north than any Small bull trout eat terrestrial and
and life history behavior across their other group of freshwater fish except aquatic insects but shift to preying on
range. Alaskan blackfish,and are well other fish as they grow larger.Large
adapted for life in very cold water. bull trout are primarily fish predators.
Taxonomic work,published in 1978 and Bull trout evolved with whitefish,
accepted by the American Fisheries What was the historic range sculpins and other trout and use all of
Society in 1980,identified bull trout as of bull trout? them as food sources.
distinct from the Dolly Varden.Com- Historically bull trout occurred
pared to Dolly Varden,bull trout are throughout the Columbia River Basin, What is the life cycle of a bull trout?
larger on average,with a relatively east to western Montana,south to the Bull trout reach sexual maturity at
longer and broader head.Bull trout are Jarbidge River in northern Nevada,the between four and seven years of age
and are known to live as long as 12
Migratory type, years.They spawn in the fall after
;•,:.�:. :"a::rS;F :}=�t�:, rt•
temperatures drop below 48'Fahren
q�,�.s��a,.,�L•. :�!?:•:a:;::;�:;��,••;��;:;:;:::;:`:+::�•' spauming pair
,y""� •V1ii��:'�' •',':.,�,; •' :•:•.::••.' ! heit(80C),in streams with cold,unpol-
luted water,clean gravel and cobble
'3; 'Y,?t=: '•' =N,�>;�: r is _ substrate and gentle stream slopes.
Many spawning areas are associated
•,;_.• '.•• with cold water springs or
areas where stream flow is
•�r:'�: �•` �'.'y'����«' ;,.. influenced by ound a
,,.r •;a_' .:;;;��!a:;_,,, <:.,+:;!a°���' : •t� yit'>ci.,:.;;;;:y:;;::;:.�._4,.:.,,.';•:n7i;..?.Y•%:::::1�r.rr�?:• !.y :.*?>r:�_�;•.:�::;:=?:..•;.:';; `ri,
ter.Bull trout eggs require
uire
f{*
a long incubation period
:.3' tit'. :iih:'•'•!.1���`'ti�'e:+
;rv.�•, compared to other salmon
+�\\ ::;•: 2�'.'%:q'`.; ;�;n� ;i�1�t;:;~ ^:':,•`.., � .t..�,� and trout(4-5 months),
+y _i'Ly;�=rw l: ! :{.L+,tCt„{.C-yA G.:i!:1 .'✓
hatching in late winter or
early spring.Fry remain
in the stream bed for up to
Illustrations:K.Morris/USFWS
(continuedfromffont) Present Range of Bull Trout in
three weeks before emerging.Juvenile the Contiguous United States
fish retain their fondness for the
stream bottom and are often found at
or near it.
Do bull trout migrate?
Som
e trout may live near
ar area
s
�: •r
r
where they hatched.
Oth
ers fk�'
: i
< ! .
m streams to lakes
from
migrate ,
. +>>'�� ���>�.<�i'I`•�`>� '"III` >'�'.��<��?`:' > >?�<:'�<���>'> » � �.:':>::;
reser
voirs(o
r,in the case
o f coast
al 1
rvo s
few week
s s
oe saltwater)
populations,
vl.
m the ae
r m o
aft
er emerging
r 'ng from
Ma
r
e
Migratory
to bu
ll tro
ut attai
n a eat
size than re
sident n stream
fish
.
i es ide t . .are How
ever,
r lakes an
d reservoirs arn
C
i so migratory ?
0 od s
spawning g
habitat,
g
'm considerable u m vvl bull trout may s
b tr
habitat
when wn e n stos d ista ce spawn
bu
ll
r instance,w Fo i ' nsa1lo co nd do
v k have
Flathead Lake trout in Montana's t
been known to migrate up to 155 miles
(250 km)to spawn.Migration is /
important to maintaining healthy bull
trout populations. 4 �J
Why are they in trouble?
Bull trout are vulnerable to many of the !
same threats that have reduced salmon
populations in the Snake River Basin. Map Key
Due to their life history requirements, What is being done
�- bull trout are more sensitive to to protect bull trout'. Bull Trout Population
States and
increased water temperatures,poor Many of the actions intended to protect Provinces Segments
water quality,and low flow conditions other declining salmonids may also 1 Klamath River
q Y help bull trout.Stream and habitat Bull Trout 2 Columbia River
than many other ammo ids.Past and protection and restoration,reduction 3 Coastal/Puget et Sound
continuing land management activities P Rivers and g
have degraded stream habitat, of siltation from roads and other lakes 4 Jarbidge River
especially along larger river systems erosion sites,and modification of land 5 St.Mary/Belly River
and stream areas located in valley management practices to improve
bottoms,to the point where bull trout water quality and temperature are all
important.Several state agencies have Populations.In some areas,reducing
can no longer survive or reproduce enacted regulations reducing or the potential for hybridization of bull
successfully. In many watersheds, prohibiting bull trout harvest.Several trout with non-native fish species
remaining bull trout are small,resident states have also drafted or have would enhance bull trout survival and
fish isolated in headwater streams. adopted conservation plans to help bull recovery.
Brook trout,introduced throughout trout populations recover.
For more information,cuntac,i:
much of the range of bull trout,easily What more can be done Public Affairs Office
hybridize with them,producing sterile to help bull trout? U.S.Fish and Wildlife Service
offspring.Brook trout also reproduce Besides the measures outlined above,a 911 NE 11th Avenue
earlier and at a higher rate than bull strong commitment by private citizens, Portland,Oregon 97232-4191
trout,so bull trout populations are 503/231-6121
often supplanted by these non-natives. industry,state,Federal,and tribal
groups to change,reduce or eliminate
Hybridization with brown trout and
„EHT OF,y�
activities that degrade streams and
lake trout is a problem in some areas.
Dams and other in-stream structures rivers will be necessary to truly recover
also affect bull trout by blocking many species of native fish.Much bull �
U4-
migration routes,altering water trout habitat in mainstream rivers and
temperatures and killing fish as they streams is privately owned,making May 1998
pass through and over dams,or are conservation activities on private lands
�.- a key element to restoring aquatic
trapped in irrigation and other habitat and recovering native fish
diversion structures.
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Tri-Count 4(d) Rule Proposal Elements
o Regional Road Maintenance ESA Program
o Stormwater Management Proposal
Regulation of Development and Management
Zone Proposal
Habitat Restoration and Acquisition Funding
Endangered Species Act (ESA) Workshop
For King County Local Governments
Thursday, April 27, 2000
Regional
Road Maintenance
Endangered Species Act
Program
10 PROGRAM ELEMENTS
There are ten Program Elements in the Regional Road Maintenance ESA
Program. Those agencies seeking coverage under the 4(d) Rule must
comply with each of these program elements:
➢ Regional Forum: a Regional Road Maintenance ESA Program
Technical Review Committee has been created from participating
agencies. The.Technical Review Committee provides a regional forum
for ESA Program discussion, coordination, and adaptive management.
➢ Program Certification: implement the approved process as
negotiated with NMFS and USFWS. The certification process will
require that each agency participating in the Regional Program
comply with the ten program elements.
➢ Best Management Practices (BMP's) and Conservation Outcomes:
which will be reviewed, updated, and formally adopted annually by
the Road Maintenance ESA Program Technical Review Committee.
BMP implementation will achieve conservation outcomes, which can
contribute to species recovery.
➢ Training: including basic ESA, project design, biological review,
�..- permit activities, maintenance activities/BMP's, and monitoring work
activities. The training program will be approved as negotiated with
NMFS and USFWS.
➢ Compliance Monitoring/Enforcement: work within local
jurisdictions to establish a formal compliance
monitoring/enforcement program.
➢ Scientific Research: including case studies in the field and literature
research of studies done by others. The research will serve to verify
effectiveness of BMP's, and update BMP's based on latest
technologies.
➢ Adaptive Management: including all elements of the Regional Road
Maintenance ESA Program. The training, research, regional biological
assessments, and program monitoring elements in particular will
provide a framework of information for the Adaptive Management
element.
➢ Emergency Response: this element provides a framework under
which road maintenance organizations can operate during
emergencies.
➢ Regional Programmatic Biological Assessments: including habitat
inventory and assessment, and evaluation of impact of road
maintenance activities.
➢ Bi-annual Reports to National Marine Fisheries Service, and US
Fish and Wildlife Service: including accomplishment of past two
years' activities, plans and schedule for next two years, BMP changes,
update on each program element.
The ten program elements provide the basic umbrella for a Regional Road
Maintenance ESA Program (hereafter referred to as the Regional
Program). Each agency will implement standard operating procedures
(SOP) within the framework of the Regional Program, according to its own
organizational structure, and resources.
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Tri-County Stormwater Management Proposal
Summary
Purpose
Land development activities that clear vegetation, disturb soil and increase
impervious surfaces result in significant increases in rainfall runoff and changes
to natural hydrologic patterns that affect surface and ground water. Increased
runoff can cause potentially serious negative impacts to the environment
including flooding, soil erosion, habitat destruction, displacement of salmonids,
and increases in sediment and other pollutants. Historically stormwater
programs have primarily addressed issues related to flooding. In recent years,
water quality and habitat issues have gained greater importance under the
converging environmental initiatives of the Clean Water Act (CWA) and
Endangered Species Act (ESA).
The Tri-County 4(d) Stormwater Management Proposal has fourteen elements
and integrates the increasing requirements of the CWA and the ESA to the
extent possible. This integration is intended to ensure that implementation
requirements of the two statutes are consistent, and to make the most efficient
use of existing stormwater management programs to meet new ESA
requirements.
Eleven of these fourteen elements are also requirements of the CWA as
administered by the Washington Department of Ecology (DOE) through the
National Pollution Discharge Elimination System (NPDES) municipal stormwater
permit and the Puget Sound Water Quality Management Plan. Three other
elements essential to adequately managing the stormwater impacts of
development are land use planning, habitat acquisition, and habitat
enhancement.
The focus of many of the fourteen programmatic elements is to address
stormwater impacts from both new development and existing development.
Requirements for a stormwater capital improvement program (CIP), and habitat
enhancement and acquisition programs are intended to compensate for impacts
that cannot be fully mitigated by the other more regulatory elements (e.g.,
technical standards, inspection and enforcement, maintenance, etc.). The land
Tri-County Stormwater Proposal Summary
April 27,2000
use element, and to a great extent, the habitat acquisition element, are intended
to prevent or reduce stormwater impacts to begin with.
Implementation of the Stormwater Management Proposal will reduce peak storm
flows, increase runoff treatment, control streambank erosion and sedimentation,
increase instream habitat complexity, and retain large woody debris and
overhanging vegetation. The implementation of the Stormwater Management
Proposal throughout the Puget Sound region, in conjunction with the other
elements of the Tri-County 4(d) proposal, will significantly improve channel
condition, increase channel complexity, improve water quality and increase
biological diversity in local streams. In addition, the Stormwater Management
Proposal will reduce erosion and sedimentation, preserve natural drainage
systems, control sources of pollution, buffer streams from runoff, utilize
watershed-wide planning for restoration, maintain facilities for proper function,
and provide appropriate funding for these efforts.
When local jurisdictions implement the Stormwater Management Proposal,
overall, salmonid habitat will be improved and this improvement will lead to
protection and restoration of salmonid habitat functions essential to the listed
species.
The fourteen mandatory Stormwater Management Proposal elements are based
on best available science regarding protection of habitat functions essential to
listed species and are guided by the following four principles:
1. Ail 14 of the recommended programmatic elements must be implemented
according to prescribed timelines.
2. The Stormwater Proposal has been closely coordinated with CWA
implementation requirements to ensure consistency and efficient, cost
effective implementation.
3. Stormwater management must be analyzed and considered as part of land
use planning because stormwater regulations and facilities cannot fully
mitigate the impacts of land use development. For the same reason, habitat
enhancement and acquisition are fundamental to a comprehensive systern of
habitat protection.
4. While the 4(d) rule is in effect, participating jurisdictions must adopt
regulations that are consistent with minimum standards, incorporate new
information into their stormwater management programs, adopt maintenance,
inspection and enforcement standards, provide public outreach on the
Stormwater Management Proposal, and utilize the NPDES permit review
process to provide for stakeholder review.
Tri-County Stormwater Proposal Summary 2
April 27,2000
Fourteen Proposal Elements
1 - Land Use Decisions and Regulations
Description
Jurisdictions must assess and consider stormwater impacts when land use decisions
are made, encourage developers to experiment with innovative construction and
development techniques that reduce stormwater runoff, and promote development
methods which reduce effective impervious surfaces and retain native vegetation.
Discussion
• Intends that stormwater impacts be assessed and considered before setting land
use designations (comprehensive planning process and zoning designations)
• Recognizes that stormwater regulations and facilities cannot it be used to fully
mitigate all of the effects of development either because of technological
limitations or because these approaches are less effective relative to other
habitat protection alternatives
• Includes the concepts:
- Avoid precluding opportunities for preserving habitat
_ - Avoid or prevent impacts rather than rely on mitigation.
- Analyze impacts of development on salmonids and their habitat
• Requires a 65% vegetation retention/ 10% effective impervious surface (65/10
standard) to protect remaining high quality habitat primarily outside the Urban
Growth Area (UGA) in residential zones . The 65/10 standard reduces volume
increases and peak flows causing flooding and their durations, which cause
stream erosion and adverse impacts to rearing salmonids.
• Requires jurisdictions to review land use regulations including road standards to
reduce the impact of impervious surfaces and the effect of runoff
• Commits to three pilot projects within the Tri-County area using low impact
development tools
2 —Technical Standards
Description
Jurisdictions must adopt technical standards that will be equivalent to or better than
the standards set forth in the current DOE Stormwater Management Manual plus
certain higher standards within the timeframe established by this 4(d) rule. The [DOE
has also proposed amendments to the current Stormwater Management Manual.
Elements not part of the CWA requirements
Tri-County Stormwater Proposal Summary 3
April 27,2000
Once the amendments are finalized and approved by the NMFS as sufficient to
assure that actions are not taken that jeopardize the continued existence of listed
salmon or adversely modify their critical habitat, cities and counties are required to
review their stormwater programs and, if necessary, modify them to comply with the
new guidelines within a timeframe established in the amended DOE Stormwater
Management Manual. Should the DOE fail to finalize the amendments to the
Stormwater Management Manual within a timeframe committed to, or should the
NMFS find those amendments insufficient to protect habitat functions essential to
listed species, jurisdictions shall have 12 months from a date established by the
NMFS to demonstrate that their local regulatory programs are sufficient to protect
habitat functions essential to listed species, absent the amendments to the DOE
Stormwater Management Manual.
Discussion
• Establishes the 1992 DOE Stormwater Manual and increased requirements for
certain standards as the baseline of the program on an interim basis while DOE
updates the stormwater manual.
• Commits jurisdictions to update the technical standards when future science
shows it is needed.
• Includes the following major concepts:
- Prohibit speculative clearing of land without approved clearing plans
- Calculate the effect of impervious surface based on pre-European
environmental conditions
- Spend funds on projects that do the most good
- Address all new impacts. Previously most agencies had a threshold
below which the amount of impact was deemed "unimportant'
- Infiltrate the water on each development as much as possible
- Treat all runoff
3 - Inspection/Enforcement
Description
Jurisdictions must ensure that standards established in the Stormwater Management
Proposal are complied with by enacting ordinances to adopt the Stormwater
Management Proposal and adequately funding development review and inspection,
compliance monitoring, complaint response, and enforcement actions.
Discussion
• Provides for a detailed review of proposed development prior to construction
activities
• Inspects for impacts during and after construction/site development
• Focuses on controlling sediment transport and compliance with drainage plans
Tri-County Stormwater Proposal Summary 4
April 27,2000
4 - Maintenance Standards/Proposal
Description
Jurisdictions must have maintenance standards and programs for ensuring proper
and timely maintenance of public and private stormwater facilities.
Discussion
• Commits to more thorough inspection of private facilities after construction
• Commits to take a more active role of inspecting existing private facilities in
addition to the public stormwater facilities
• Recognizes facilities may not be performing as designed either as a result of
deficiencies in construction or inadequate maintenance
• Establishes a frequency of inspection and thresholds for when maintenance is
necessary
• Acknowledges the burden of dealing with the impacts of ineffective systems falls
to public agencies and results in larger capital facility requirements
5 - Source Control
- Description
Jurisdictions must adopt source control standards equivalent to or better than those
required by DOE. These standards will reduce runoff pollution, control the discharge
of non-stormwater spills and disposal of materials, and reduce pollutants associated
with the application of pesticides, herbicides and fertilizers. Jurisdictions must
establish and fund source control programs for inspecting existing commercial,
multifamily, and industrial sites to enforce adopted source control standards.
Discussion
• Prevents pollution at its source.
• Focuses on keeping pollutants from coming in contact with rainfall
• Identifies problems, educates the landowner, and remediates problems.
• Targets existing commercial, multifamily, and industrial sites and activities
Tri-County Stormwater Proposal Summary 5
April 27,2000
6 - Illicit Discharge
Description
Jurisdictions must have or participate in a program for preventing, detecting, and
removing illicit discharges from existing commercial, multifamily, and industrial sites.
Discussion
• Makes illicit discharges illegal at the local level
• Provides for complaint investigation
• Provides for enforcement
7 - Public Education
Description
Jurisdictions must implement programs to educate their citizens about the role their
activities have on water quality, stormwater runoff and protection of listed species.
Discussion
• Establishes a principle of prevention rather than mitigation
• Includes education of local governments, industry/business, and individuals
8 - Public Involvement/Outreach
Description
Jurisdictions must implement programs to ensure public involvement in the
jurisdictions' decision making process involving stormwater management programs
and priorities.
Discussion
• Involves stakeholders in the decision making process which leads to greater
ownership in the results
Tri-County Stormwater Proposal Summary 6
April 27,2000
9 - Governmental Coordination
Description
Jurisdictions shall have a program or policy directive for ensuring that adequate
inter-jurisdictional agreements exist for controlling stormwater runoff conveyed
between jurisdictions and for coordinating with other jurisdictions on watershed and
basin planning efforts and activities.
Discussion
Recognizes that water and flows do not stop at jurisdictional boundaries
Recognizes the efficiencies of using staff from multiple departments to be the
"eyes in the field"
10 — Monitoring
Description
Jurisdictions must have or participate in a program for monitoring the implementation
of stormwater management activities, and for gathering, maintaining, and using
adequate information to conduct planning, priority setting and program evaluation
activities.
Discussion
• Involves a commitment to document the program's actions and effects
• Commits to update program when necessary based on monitoring results
• Requires a local monitoring program and participation in regional monitoring
11 - Stormwater Planning
Description
Jurisdictions must have a program for participating in planning efforts within
watersheds and for doing more detailed stormwater planning to assess stormwater
impacts from existing and future development and to identify and prioritize cost
effective mitigation of those impacts. This stormwater planning should be
coordinated with WRIA planning.
Tri-County Stormwater Proposal Summary 7
April 27,2000
Discussion —
• Provides a method to address existing deficiencies
• Provides a method to prioritize capital projects
• Provides information to and coordinates analysis with the WRIA planning
watershed assessments which are proposed to occur within the first 2 years of
4(d) rule implementation
• Achieves a more cost effective approach to addressing flow control impacts
within existing urbanized sub-basins relative to generally requiring onsite facilities
which may not be technically feasible or may be less effective in producing the
desired ecological outcome.
12 - Capital Improvement Program
Description
Jurisdictions' Capital Improvement Program (CIP) projects shall be designed so that
protective measures for salmonid habitat are incorporated to the maximum extent
practicable. The ranking process to determine which CIP projects are carried out
should include consideration of which projects are considered less harmful to
salmon and salmon habitat. Capital Improvement Programs shall include projects
that attempt to mitigate past land disturbing activities/practices.
Discussion
• Commits to implement stormwater mitigation projects through a capital
improvement program
• Establishes "fish friendly" design and ranking principles for all capital
improvement projects
13 - Habitat Enhancement/Rehabilitation**
Description
Jurisdictions shall have or participate in a program for constructing habitat
enhancements to compensate for stormwater impacts that remain unmitigated by
technical standards applied to new development and ensuring their long-term
viability and protection through formal stewardship. The program should include a
ranking process for evaluating habitat enhancements such that those most
advantageous to salmonids are given a priority ranking.
Discussion
• Commits jurisdictions to invest in habitat enhancement and rehabilitation
• Provides a method for rehabilitating habitat degraded by stormwater
Tri-County Stormwater Proposal Summary 8
April 27,2000
14 - Habitat Acquisition"
Description
Jurisdictions shall have or participate in a program for acquiring and managing lands
in a manner supporting the long-term ecosystem processes that create and maintain
habitats used by salmonids.
Discussion
• Commits jurisdictions to invest in habitat acquisition which protects land from
future development thereby preventing stormwater impacts
• Acquires lands to preserve riparian habitat
• Provides compensation, in part, for stormwater impacts.
Tri-County Stormwater Proposal Summary 9
April 27,2000
DRAFT—FOR DISCUSSION ONLY—DRAFT
4/26/00
REGULATION OF DEVELOPMENT
& MANAGEMENT ZONE PROPOSAL
Local Government Regulatory Options
Local governments will have three alternatives for regulating development within the
Management Zone. Under the proposed Tri-County Framework, a local government may choose
any one or any combination of these three options.
Under the Fixed Regulations Option, development proposals must comply with a standard set of
development regulations. This set of regulations prescribes the inner and outer management
zones, as well as other measures designed to control adverse effects of projects. Under this
option, the project applicant submits plans that conform to the regulations, obtains required
permits, and constructs the project according to the development regulations.
Under the Site-specific Regulations Option, development proposals are subject to a review
process that includes preparation of a Habitat Evaluation (HE). The HE identifies the specific
impacts of the proposed project and proposes measures that are designed to protect habitat
functions essential for listed species. Based on the results of the HE, the local government will
impose project conditions that are protective of salmonids and related resources. The length of
the HE and its level of detail will be commensurate with the scope of the project. The applicant
must demonstrate that the tailored conservation measures she proposes will protect habitat
functions essential for listed species.
Under the Programmatic Regulations Option, a county or city will conduct an HE on a specific
geographic area or type of development. The county or city will implement specific habitat
protection measures that apply in the geographic area or the types of development studied that
are designed to protect habitat functions essential for listed species. The Programmatic
Regulations must be approved by NMFS before they can be put into effect.
Management Zone
Until local governments develop basin specific management zones through the WRIA process,
local governments shall use the Management Zone Widths set forth in the following table. The
widths of the management zone in the rural area assume that at the sub-basin level there will be a
65% clearing limit and a maximum impervious surface of 10%, as recommended by the
stormwater program. If these standards are not applied, the management zone width in the rural
area would need to be expanded to 300 feet.
Acceptance of the management zone as a concept is dependent upon addressing habitat issues
satisfactorily through protection, acquisition, and restoration. Consideration should be given to
jurisdictions that adopt more stringent regulations to protect functions, i.e. fewer funds wound be
necessary for habitat acquisition.
mz 4-26-OO.doc 1
DRAFT—FOR DISCUSSION ONLY—DRAFT
"I?NR Water Body Criteria Management Zone' Proposal
water.
Type,: Water Rural MZ2 Urban MZ4
yp (Based on DNR Emergency Rule
WSR 00'06-026 Eff. 3/20/00) Type (Inner/Outer)3
(Inner/Outer)
1 Shorelines of the state, excluding associated
wetlands. Includes marine waters,lakes over 20
acres,and streams with a flow greater than 20
cfs.
2 Natural waters and associated wetlands with high
fish,wildlife,or human use:
Domestic use water for 100 or more
households,including 1500 feet upstream from
diversion;
• Diverted for federal, state, tribal, or private
fish hatcheries, including 1500 feet upstream F 200 200
from diversion; (150150) (100/100)
Within a campground with more than 30
camping units;
0 Used by substantial numbers of fish for
spawning,rearing, or migration. Waters are
presumed to have highly significant fish
populations if a stream channel>20'and gradient
<4%; or lakes or ponds>1 acre;
• Off-channel salmonid habitat connected to a
salmonid stream and accessible through a
drainage with less than 5%gradient
t The Management zone is greatest of the distance measured from the ordinary high water mark or the edge of the
regulated channel migration zone,or 25 feet beyond the top of a steep slope located within the management zone.
2 The Rural Management Zone generally applies outside the Urban Growth Area. The Rural Management Zone also
applies to a sub-basin within the UGA with a mean annual flow greater than 20 cfs at its confluence with a mainstem
river or with a marine or lake shoreline that is below the threshold for urban density. The criteria for this threshold
are under development. In rural areas,a management zone of 200 feet is dependent on applying the 65%native
vegetation retention and 10%effective impervious surface requirements proposed by the Stormwater Management
Program.
3 Inner and Outer Management Zones only apply under the fixed regulations option.
The Urban Management Zone generally applies within the Urban Growth Area. It may also apply to a sub-basin
outside the urban growth area that exceeds the urban density threshold. The criteria for this threshold are under
development.
mz 4-26-OO.doc 2
DRAFT—FOR DISCUSSION ONLY—DRAFT
DNR Water Body Criteria Management Zone' Proposal
Water Water Rural MZ2 Urban MZ4
Type (Bused on DNR Emergency Rule
WSR 00-06-026 Eff. 3/20/00) Type (Inner/Outer) (Inner/Outer)
3 Natural waters not classified as Type 1 or 2 with
moderate to slight fish,wildlife or human use:
• Domestic use for 10 or more households,
including 1500 feet upstream from diversion
• Used by significant numbers of fish for
spawning,rearing,or migration. If fish use
has not been determined, following waters
are presumed to have fish use:
➢ Stream segments with a bankfull width 2' or
greater in W.Wash.(3' or greater in E. 200 200
Wash.) and gradient of less than 16%; F (150150)
➢ Stream segments with a bankfull 2' or
greater in W.Wash. (3' or greater in E.
Wash.)and a gradient between 16%and
20%and having a contributing basin size
greater than 50 acres in W. Wash. (175
acres in E. Wash.);
➢ Ponds< 1 acre at seasonal low water with
outlet to a fish stream;
➢ Ponds greater than '/2 acre at seasonal low
water
N/A Type F stream with a direct discharge to a marine Steep Greater of 100 Greater of 100
shoreline with a gradient greater than x% and Ravine feet or 25 feet feet or 25 feet
annual mean flow less than y cfs flowing through from top of from top of bank
a steep ravine with bank greater than z% slope bank
4 Perennial non-fish bearing natural waters within N 150 100
bankfull width of defined channels,not classified Perennial (75/75) (50150)
as a Type 1,2,or 3.
5 Seasonal non-fish bearing natural waters within N/A N/A N/A
bankfull width of defined channels,not classified
as a Type 1,2,3,or 4 water and that flows into
Type 1,2,3,or 4 water.
N/A Seasonal non-fish bearing natural waters within N 100 35
bankfull width of defined channels,not classified Intermittent (50150) (35/0)
as a Type 1,2,3, or 4 water and that flows into
Type 1, 2,or 3 water
N/A Seasonal non-fish bearing natural waters within N 35 35
bankfull width of defined channels,not classified Intermittent (35/0) (35/0)
as a Type 1,2,3, or 4 water with a direct
discharge to a marine water body.
N/A Stream or lake that does not flow to any water Not N/A N/A
with salmonids. Covered
mz 4-26-OO.doc 3
DRAFT—FOR DISCUSSION ONLY— DRAFT
Channel Migration Zone
The"Channel Migration Zone"(CMZ) is the area within the lateral extent of likely stream
channel movement over a given stream reach due to stream bank destabilization, rapid stream
incision, stream bank erosion, and shifts in location of stream channels.
The CMZ shall be based on available historic records of channel migration or 100 years of
calculated channel migration, whichever is greater, and will generally include those areas that
encompass:
• The limit of geologic controls, such as hill slope, bedrock outcrop, or abandoned floodplain
terrace;
• The side channels, abandoned channels, and oxbows; and
• The outside edges of any signs of progressive bank erosion at the outside of meander bends.
The CMZ does not include those areas that lie behind continuous flood control facilities for
which a commitment exists to maintain the structure, and which either:
(a) are designed to withstand the erosional forces of the 100 year flood (whether
overtopped or not); or
(b)provide the foundation for or protect an arterial road, sole access route, or regional
transportation corridor.
On each side of the stream, the boundary can be determined by drawing a line that connects the
points of greatest amplitude represented by the bulleted features along a given stretch of river.
The line along any stretch includes any cut-off side channels or oxbows that have bed elevations
at or below bankfull elevation. This boundary can then be reduced at locations where geologic
controls such as hillslope or bedrock outcrops will prevent significant bank erosion.
Under some circumstances, there are other physical features that are present in running waters
which would render the above methods inappropriate. These might include floodplains of large
rivers, alluvial fans, and braided channels.
For example, in those portions of large river floodplains with slow rates of channel migration,
the boundary of the CMZ will vary depending on the presence or absence of active migration as
follows:
• If there is an historic record of active migration , the boundary of the CMZ is the edge of the
outermost side channel or oxbow as measured from the active channel, or the outer edge of
the floodway,whichever is furthest. Side channels and oxbows are included if they have bed
elevations at or below the bankfull elevation.
• Where no active migration is identified, the outer boundary of bankfull edges of all
secondary fish-bearing channels and any associated wetlands becomes the boundary.
Exempt Development Activities
The Regulation of Development Program does not apply to certain activities that are likely to
have minimal impact on salmonid habitat. If they are legally established uses, the following
activities are exempt from the Regulation of Development Program.
s Historic records to be considered shall be maps,photographs and other documentation memorializing channel
location.
mz 4-26-OO.doc 4
DRAFT—FOR DISCUSSION ONLY—DRAFT
• Interior building improvements.
• Exterior structure maintenance activities, including painting and roofing.
• Routine landscape maintenance of established, ornamental landscaping, e.g. lawn mowing,
pruning and weeding.
• Maintenance of the following existing facilities that does not expand the affected area: septic
tanks (routine cleaning); driveways and other paved surfaces other than roads (which are
subject to the road maintenance activities portion of the 4(d) rule); wells; individual utility
service connections; and individual cemetery plots in established and approved cemeteries.
• Data collection and research by non-mechanical and hand-held mechanical site exploration
and survey/monument placement, or other mechanical site exploration and survey/monument
placement if in accordance with state approved sampling protocols or section 10(a)(1)(a), or
Section 7 consultation, or in a built environment with existing access roads, provided that all
spoils are contained. Otherwise, no excavation, grading, fill, or disturbance of native
vegetated areas is exempted within this category.
Coordination with other environmental and/or ESA related programs
Certain development activities that take place within the management zone are also covered by
other provisions of the 4(d) rule or ESA related activities, such as the Section 7 consultation
process, or other mandatory processes related to environmental impacts. There needs to be
coordination and consistency between the requirements of these other programs and the
Regulation of Development Program. Other relevant programs include at least the following:
`- • Road maintenance activities conducted in accordance with the 4(d) rule.
• Section 7 review
• Agricultural activities (if included in the 4(d) rule)
• Regulation of sites subject to CERCLA, MTCA.
• Regulation of brownfield sites.
OPTION 1 —FIXED REGULATIONS
1. Flood protection facilities
The repair,maintenance, or renovation of lawfully established flood protection facilities, such as
dikes, levees, or revetments, is permitted, subject to compliance with standards [to be
determined]. New flood protection structures are not authorized under prescriptive regulations.
2. Emergency Flood Protection
Emergency flood protection measures to protect against imminent harm to people or serious
damage to public facilities and private residence,barn, place of business, and sole access road
are permitted only if the formal criteria under the legal definition for an emergency are met.
Acceptable emergency flood protection measures and appropriate post-emergency mitigation
measures will be required and are still being developed.
mz 4-26-OO.doc 5
DRAFT—FOR DISCUSSION ONLY—DRAFT
3. Bank stabilization -�
Maintenance of existing permanent bank stabilization and FEMA regulated erosion hazard
protection measures that do not expand the area altered will be allowed. New permanent bank
stabilization and other FEMA regulated erosion hazard protection measures shall not be allowed
under the fixed regulations option. Any maintenance of existing bank stabilization shall be
subject to compliance with standards equal to or better than the WDFW "Integrated Streambank
Protection Guidelines"of June 1998.
4. Instream structures
No construction of any structure or channel in the flood plain is permitted that would inhibit the
ability of fish to access high-flow or off-channel habitat during all life stages. No new water
diversion is permitted that adversely affects migration. New instream structures (high flow
bypass, sediment ponds, instream ponds, retention and detention facilities, tide gates, flood gates,
dams,weirs, etc.) shall be allowed only as part of a habitat restoration project if they avoid
adverse impacts to fish migration and access, including modifying flows and water quality in
ways that adversely affect listed species.
5. Docks and piers
New residential docks and piers are not allowed under prescriptive regulations. Repair and
maintenance of an existing residential dock or pier shall be permitted, provided that there is no
net increase in the (1)use of materials creating shade for predator species, (2) the spanning of
waters between 3 and 13 feet deep, and (3) the size of pilings. The use of toxic materials that
come in contact with the water in the construction or maintenance of the residential dock or pier
is prohibited.
New commercial docks and piers are not allowed under prescriptive regulations. Standards for
permissible repair and maintenance of existing commercial docks and piers are still being
developed.
6. Utility crossings of water bodies
New major infrastructure (major roads,utility crossings, stormwater facilities) not eligible for
approval pursuant to prescriptive regulations.
Installation or repair or maintenance of a utility is permitted if constructed in an existing,
improved roadway driveable surface or shoulder, subject to compliance with road maintenance
BMPs.
New minor utility lines and facilities are permitted to cross streams of less than 20 cfs provided
they comply with the following standards:
• Avoid sensitive areas to the maximum extent possible;
• Cross perpendicularly to the centerline of the channel in streams;
• Follow existing road or utility crossings where possible;
• Avoid following the stream if possible;
• Do not increase or decrease the natural rate of shore migration or channel migration;
mz 4-26-OO.doc 6
DRAFT—FOR DISCUSSION ONLY—DRAFT
• Bore beneath the bed of the water body and CMZ where feasible. Bore beneath the inner
management zone to the maximum extent feasible.
7. Roads
Minor road crossings (less than or equal to 30 feet wide) are permitted over a stream less than 20
cfs if:
• There is no other feasible alternative route with less impact on the environment; and
• The use complies with all other applicable prescriptive regulations and the most recent
design manuals for road crossings; and
• Mitigation is provided at a ratio or ratios which are being developed.
All stream crossings shall be designed according to the WDFW Habitat and Lands
Environmental Engineering Division's Fish Passage Design at Road Culverts, March 3, 1999.
8. Restoration activities
Prescriptive regulations for restoration activities are being developed.
9. Stormwater management facilities
The circumstances under which new stormwater management water quality and flow control
facilities may be placed in the inner management zone is under review. New stormwater
management water quality and flow control facilities may be placed in the outer management
zone. Maintenance and repair of existing stormwater management facilities in the management
zone is allowed.
Stormwater management facilities (conveyance,water quality, and flow control) shall maintain
the natural character of any associated channel, as well as the natural direction, quality, quantity
(if required by the stormwater component of the adopted 4(d) rule), and flow of stormwater, and
the natural location of discharge in the management zone.
Vegetation shall be maintained and added, if necessary, adjacent to all open channels and ponds,
in order to retard erosion, filter out sediments, and shade the water.
10. Septic systems
New septic systems shall not be established in the inner riparian zone. Failing septic systems
shall be repaired unless there is a sewer connection within 300 feet, in which case the failed
system shall be connected to the sewer. Waste outlets shall be connected to sewer systems,
where available within 300 feet.
11. Impervious Surfaces
No new effective impervious surfaces shall be created within the management zone, except as
otherwise specifically permitted by the prescriptive standards.
mz 4-26-OO.doc 7
DRAFT—FOR DISCUSSION ONLY—DRAFT
12. Structures
No new structures, other than those allowed under other provisions of the prescriptive standards,
shall be allowed in the inner management zone. Structures shall be sited to avoid the creation of
future hazard trees and minimize the impact of structures on groundwater movement.
13. Clearing and grading
In the MZ:
• Grading shall not be done in the Management Zone during the wet season (Oct 1 to April 1),
provided the local jurisdiction may extend or shorten the wet season on a case-by-case basis
based on actual weather conditions and a prepared risk analysis.
• No filling or modifications of wetlands is permitted in the IZ, other than as part of an ESA
permitted enhancement program.
• Leave the soil duff layer undisturbed to the maximum extent possible, or, when impossible to
avoid disturbing it significantly, redistribute it to other areas of the project site.
• Maintain moisture-holding capacity of the topsoil layer by minimizing soil compaction or
reestablishing uncompacted soils on all areas of the site that impervious surfaces do not
cover.
• Provide erosion and sediment control consistent with or better than the 4(d) rules governing
stormwater BMPs.
• No new clearing and grading will be permitted within the IZ except as specifically authorized .1
by the prescriptive standards. The total area of clearing and grading permitted within the OZ
shall be 35 percent of the total OZ area.
• Where existing hydrologically mature vegetation is present, the vegetation shall be
maintained, except to the limited extent that removal is necessary to allow the minor
development permitted by the prescriptive standards. To the maximum extent feasible, such
vegetation shall be maintained in the IZ.
• Where the existing vegetation is not hydrologically mature, 65 % of the MZ area shall be
managed so that hydrologically mature vegetation, representative of the pre-cleared species
composition, age and size, may be established. To the maximum extent feasible, such
vegetation shall be provided in the IZ.
In the IZ:
• No new disturbance of vegetation, soil, or other natural feature (e.g.,rock formation) shall be
allowed except for the minimum to accomplish allowed uses in these prescriptions.
In the OZ:
• Where feasible,vegetation in the outer zone shall be spatially connected to the vegetation in
the inner zone to prevent creation of windthrow hazards in the inner management zone.
14. Application of Pesticides,herbicides, and fertilizers
Pesticides, herbicides, and fertilizers shall not be used within the MZ, except in accordance with
the King County and Seattle IPM BMPs or other appropriate BMPs.
mz 4-26-OO.doc 8
DRAFT—FOR DISCUSSION ONLY—DRAFT
15. Activities in the Channel Migration Zone
General Prescriptions:
New development activity, including expansion of existing structures, within the Channel
Migration Zone shall not inhibit, obstruct, or prevent channel migration.
Repair and maintenance of existing structures that will inhibit channel migration is allowed.
In existing built-out areas in CMZ outside the Floodway
• If there is no option to build outside the CMZ, then any new development must be setback as
far as possible from the waterward edge of the CMZ.
• Streambank stabilization to protect new structures from future channel migration is not
permitted.
• Clearing is limited as follows:
➢ If more than 35% of the site within the CMZ is presently cleared, no additional clearing
may occur within the CMZ.
➢ If less that 35% of the site within the CMZ is presently cleared, additional clearing to a
maximum of 35 % of site area within the CMZ is permitted.
• Maximum disturbance limits and minimum lot sizes are being developed.
Acceptable Development Activities and other Uses Win CMZ
• No activity within 150 feet of the OHWM, including side channels.
• Acceptable forest management plan is permitted ("Smartwood" or better approach) if
➢ Approved by the local government
➢ Minimum canopy cover requirements (under development)
➢ Leave trees representative of the stand (no high grading)
➢ Not on a steep slope
• Firewood harvesting for personal-use is permitted
• Recreation with no permanent utilities is permitted,provided that no more than there is no
more than 1000 sq. ft. of disturbance
• Limited non-commercial livestock use
• ORV—use on existing trails and roads only
16. Permanent Protection
For new development and re-development activities, any project approval must include notice on
title, tract or conservation easement, signage, or other appropriate mechanism for permanent
preservation and protection of the IZ.
Mitigation
Any allowed alteration in the IZ will need to mitigate for effects following standard regulatory
procedures The proposed management zone approach will result in some cumulative effects to
salmonid habitat that needs to be addressed through a habitat acquisition and restoration
programs.
mz 4-26-OO.doc 9
DRAFT—FOR DISCUSSION ONLY—DRAFT
FACT-SPECIFIC FIXED REGULATIONS
Scenario 1 - Development on constrained lots abutting a water body
This option provides an alternative regulatory option for development on an existing legal
undeveloped lot abutting a waterbody with no or limited ability to develop outside the inner
management zone.
Applicability
Lots:
• Located in a sub-basin with an urban level of density;
• Where no feasible alternative exists which would allow development completely outside the
MZ;
• Not located in the CMZ;
• Not located on a transitory feature such as a sandbar, spit, or sand point on a marine
shoreline;
• Not on or within 25 $. of the top of a steep slope (33 %); and
• Not within a landslide hazard area.
Fixed Regulations
• Maximum disturbance area within the MZ: (Areas outside the MZ are subject to applicable
clearing, grading, critical areas regulations and other non-ESA local and state regulations.)
➢ If the area of the lot within the MZ is 5000 square feet or less, the maximum disturbance
area within the MZ is 2500 square feet.
➢ If the area of the lot within the MZ is 10,000 square feet or greater, the maximum
disturbance area within the MZ is 5000 square feet.
➢ If the area of the lot within the MZ is between 5000 and 10,000 square feet, the
maximum disturbance area within the MZ is 50% of the area of the lot within the MZ.
• Disturbance areas shall be located outside of the IZ if possible, or if disturbance within the IZ
is unavoidable, the disturbance shall be as near to the landward edge of the IZ as possible.
• No development is allowed within 50 ft. of the waterbody or CMZ edge,or any side channel,
oxbow, spring, or other type of off-channel habitat.
• That part of the IZ that is not disturbed by development shall be managed for native or
approved vegetation and planted with native or approved vegetation where necessary
following adopted guidelines to reestablish natural forested conditions (see Oregon Aquatic
Habitat Restoration Guide—Riparian Zone Planting).
• There shall be no filling or modification of wetlands located within the IZ, other than as part
of an ESA permitted enhancement program.
• To avoid stormwater impacts, additional effective impervious surface within IZ shall be
limited to the maximum extent feasible. For any effective impervious surface that is created,
mitigation for the effects shall be provided on-site or through a mitigation bank, fee-in-lieu,
or other acceptable off-site measures.
mz 4-26-OO.doc 10
DRAFT—FOR DISCUSSION ONLY—DRAFT
Scenario 2 —Constrained lot separated from waterbody by an existing public road, or an
�., existing private sole access road in the urban growth area, or a railroad.
This option provides an alternative regulatory option for development on an existing legal
undeveloped lot which is separated from a waterbody by (1) an existing public road, (2) an
existing private sole access road in the urban growth area, or (3) a railroad.
Applicability
Lots:
• Where no feasible alternative exists which would allow development outside the MZ;
• Not located in the CMZ;
• Not located on a transitory feature such as a sandbar, spit, or sand point on a marine
shoreline;
• Not on or within 25 ft. of the top of a steep slope (33 %); and
• Not within a landslide hazard area.
Fixed Reizulations
• Maximum disturbance area within the MZ: (Areas outside the MZ are subject to applicable
clearing, grading, critical areas regulations and other non-ESA local and state regulations.)
➢ If the area of the lot within the MZ is 5000 square feet or less, the maximum disturbance
area within the MZ is 2500 square feet.
➢ If the area of the lot within the MZ is 10,000 square feet or greater, the maximum
disturbance area within the MZ is 5000 square feet.
�— ➢ If the area of the lot within the MZ is between 5000 and 10,000 square feet, the
maximum disturbance area within the MZ is 50% of the area of the lot within the MZ.
• Disturbance areas shall be located outside of the IZ if possible, or if disturbance within the
MZ is unavoidable, the disturbance shall be as near to the landward edge of the IZ as
possible.
• There is no filling or modification of wetlands located within the IZ, other than as part of an
ESA permitted enhancement program.
• To avoid stormwater impacts, additional effective impervious surface within IZ shall be
limited to the maximum extent feasible. For any effective impervious surface that is created,
mitigation for the effects shall be provided on-site or through a mitigation bank, fee-in-lieu,
or other acceptable off-site measures.
Scenario 3 —Constrained lot separated from waterbody by existing residential,
commercial, or industrial lot,whether developed or not.
This option provides an alternative regulatory option for development of an existing legal
undeveloped lot separated from a waterbody y an existing legal buildable lot with no alternative
to conducting development activity outside the MZ.
Applicability
Lots that are:
• Separated from a water body by an existing legal,buildable lot;
• Not located in the CMZ;
• Not located within 25 ft. of the top of or on a steep slope (33 %); and
mz 4-26-OO.doc 11
DRAFT—FOR DISCUSSION ONLY—DRAFT
• Not located within a landslide hazard area.
Fixed Regulations
• Maximum disturbance area within the MZ: (Areas outside the MZ are subject to applicable
clearing, grading, critical areas regulations and other non-ESA local and state regulations.)
➢ If the area of the lot within the MZ is 5000 square feet or less, the maximum disturbance
area within the MZ is 2500 square feet.
➢ If the area of the lot within the MZ is 10,000 square feet or greater, the maximum
disturbance area within the MZ is 5000 square feet.
➢ If the area of the lot is between 5000 and 10,000 square feet, the maximum disturbance
area within the MZ is 50% of the area of the lot within the MZ.
• Disturbance areas shall be located outside of the IZ if possible, or if disturbance within the
MZ is unavoidable, the disturbance shall be as near to the landward edge of the IZ as
possible.
• There is no filling or modification of wetlands located within the IZ, other than as part of an
ESA permitted enhancement program.
• To avoid stormwater impacts, additional effective impervious surface within IZ shall be
limited to the maximum extent feasible. For any effective impervious surface that is created,
mitigation for the effects shall be provided on-site or through a mitigation bank, fee-in-lieu,
or other acceptable off-site measures.
Scenario 4—Lot behind a flood control structure or erosion control structure determined
to be a substantial constraint.
This option provides an alternative regulatory option for any development on an existing legal
undeveloped lot located within the MZ behind a flood control structure or erosion control
structure which is determined to be a substantial constraint for purposes of determining the CMZ
boundary and where there is no potential to conduct the development activity outside the
management zone.
Applicability
Lots that are:
• Separated from waterbody by a flood control structure or erosion control structure
determined to be a substantial constraint
• Not located within 25 ft. of the top of or on a steep slope (33 % - see UBC); and
• Not located within a landslide hazard area
Fixed Regulations
Lots within the MZ:
• Maximum disturbance area within the MZ: (Areas outside the MZ are subject to applicable
clearing, grading, critical areas regulations and other non-ESA local and state regulations.)
➢ If the area of the lot within the MZ is 5000 square feet or less, the maximum disturbance
area within the MZ is 2500 square feet.
➢ If the area of the lot within the MZ is 10,000 square feet or greater, the maximum
disturbance area within the MZ is 5000 square feet. -�
➢ If the area of the lot is between 5000 and 10,000 square feet, the maximum disturbance
area within the MZ is 50% of the area of the lot within the MZ.
mz 4-26-OO.doc 12
DRAFT—FOR DISCUSSION ONLY—DRAFT
• Disturbance areas shall be located outside of the IZ if possible, or if disturbance within the
MZ is unavoidable, the disturbance shall be as near to the landward edge of the IZ as
possible.
• There is no filling or modification of wetlands or lands behind dikes with tidally influenced
waters located within the IZ, other than as part of an ESA permitted enhancement program.
• To avoid stormwater impacts, additional effective impervious surface within IZ shall be
limited to the maximum extent feasible. For any effective impervious surface that is created,
mitigation for the effects shall be provided on-site or through a mitigation bank, fee-in-lieu,
or other acceptable off-site measures.
• No development is allowed within 50 ft. of the waterbody or CMZ edge, or any side channel,
oxbow, spring, or other type of off-channel habitat except as otherwise authorized by the
prescriptive standards.
• No construction in or filling of a connectable relic channel.
Additional requirement for lots abutting the flood control structure:
• If the dike is of a height such that the opportunity for large woody debris recruitment exists,
that part of the IZ that is not disturbed by development shall be managed for native or
approved vegetation and planted with native or approved vegetation where necessary
following adopted guidelines to reestablish natural forested conditions (see Oregon Aquatic
Habitat Restoration Guide—Riparian Zone Planting).
Scenario 5 - Expansion, Replacement, or Redevelopment of Existing Structures
This option provides an alternative regulatory option for any expansion, replacement, or
redevelopment of existing structures on an existing legal lot located within the management
�- zone.
Applicability
Structures existing on the effective date of the 4(d)rule and located within the management zone
that are:
• Not located in the CMZ;
• Not located within 25 ft. of the top of or on a steep slope (33 % - see UBC); and
• Not located within a landslide hazard area
Fixed Regulations—Existing Single Family and Multi-family Residential Structures
The following prescriptive standards apply to expansion or redevelopment of an existing single
family residential structure within the MZ and to the redevelopment of existing multi-family
structures: The expansion of existing multi-family structures and the conversion of lots from
single family to multi-family use is not permitted under the prescriptive regulations.
• Where feasible, additional space should be added within the existing building envelope.
• Maximum disturbance area within the MZ: (Areas outside the MZ are subject to applicable
clearing, grading, critical areas regulations and other non-ESA local and state regulations.)
➢ If the expansion or redevelopment project will either leave or restore the IZ as a
vegetated buffer, the maximum disturbance area following expansion or redevelopment
shall be the same as would have been permitted if the site was undeveloped:
♦ If the area of the lot within the MZ is 5000 square feet or less, the maximum
disturbance area within the MZ is 2500 square feet.
mz 4-26-OO.doc 13
DRAFT—FOR DISCUSSION ONLY—DRAFT
♦ If the area of the lot within the MZ is 10,000 square feet or greater, the maximum ..�
disturbance area within the MZ is 5000 square feet.
♦ If the area of the lot within the MZ is between 5000 and 10,000 square feet, the
maximum disturbance area is 50%of the area of the lot within the MZ.
➢ If the expansion or redevelopment project will not leave or restore the IZ as a vegetated
buffer,the maximum disturbance area following expansion or redevelopment shall be
limited to the lesser of 1000 additional square feet of disturbance area or the same area
that would have been permitted if the site was undeveloped: (Under either scenario,
disturbance must be located as close to the landward edge of the IZ as is possible.)
♦ If the area of the lot within the MZ is 5000 square feet or less, the maximum
disturbance area within the MZ is 2500 square feet.
♦ If the area of the lot within the MZ is 10,000 square feet or greater, the maximum
disturbance area within the MZ is 5000 square feet.
♦ If the area of the lot within the MZ is between 5000 and 10,000 square feet, the
maximum disturbance area is 50%of the area of the lot within the MZ.
• That part of the IZ that is not disturbed by development shall be managed for native or
approved vegetation and planted with native or approved vegetation where necessary
following adopted guidelines to reestablish natural forested conditions (see Oregon Aquatic
Habitat Restoration Guide—Riparian Zone Planting).
• To avoid stormwater impacts, additional effective impervious surface within IZ shall be
limited to the maximum extent feasible. For any effective impervious surface that is created,
mitigation for the effects shall be provided on-site or through a mitigation bank, fee-in-lieu or
other off-site measures. --�
• Cannot fill or otherwise modify wetlands in the IZ, other than as part of an ESA permitted
enhancement program.
OPTION 2—HABITAT EVALUATION
The goal of the Habitat Evaluation is to protect habitat functions essential for listed species.
The following is a summary of the key elements of the habitat evaluation.
1. The habitat evaluation will assess existing site conditions and identify natural site conditions
as they relate to habitat functions.
The habitat functions that need to be addressed fall into the following four general categories: a)
access and movement of salmonids;b) in-water and water's edge conditions; c) riparian inputs to
in-water and water's edge habitats; and d)upslope contributions to and effects on the riparian
habitats.
2. The habitat evaluation will assess the project's impacts, including the identification of its
effect on habitat functions for listed species.
3. The habitat evaluation will evaluate the substantial constraints (development or infrastructure)
on the site that are unlikely to be significantly modified or removed until such time as a recovery
plan is in place and that affect the ability of the project to protect habitat functions essential for
listed species.
4. The project impacts will then be evaluated to determine if the proposal will protect habitat
functions essential for listed species.
mz 4-26-OO.doc 14
DRAFT—FOR DISCUSSION ONLY—DRAFT
5. Based on any substantial constraints on the property and the project's impacts, conditions will
be imposed on the project and mitigation will be required protect habitat functions essential for
listed species.
There are two basic conclusions that the habitat evaluation can reach: the project will either
cause no loss of habitat functions or it will. Mitigation for the project's impacts is addressed in
the following manner:
• If the project will not cause loss of habitat functions essential for listed species and it will not
cause further harm to the species, no special requirements are needed and no additional
mitigation is required.
• If the project will cause a loss of habitat functions essential for listed species, or if it will
cause further harm, the following preferences apply to mitigation and conditions imposed on
the project:
➢ Avoid adverse impacts to the maximum extent practicable;
➢ Adverse impacts that cannot be avoided shall be addressed by on-site mitigation to
maximum extent practicable;
➢ If the project site is a "greenfield", is within the channel migration zone, or has existing
off-channel habitat or riparian wetlands, off-site mitigation for adverse impacts is not
allowed; and
➢ If the loss of essential habitat functions or harm results from limitations on the project
caused by existing substantial constraints, off-site mitigation for the harm or loss caused
by the project shall be required.
OPTION 3—PROGRAMMATIC HABITAT EVALUATION
The programmatic habitat evaluation will be conducted by, or approved by, a local government.
The programmatic evaluation will examine a geographic area or a type of project activity and,
using the habitat evaluation described under Option 2, determine the effect of development in
that geographic area or of that particular type on habitat functions essential for listed species.
Based on the evaluation, the local government shall establish a tailored set of development
regulations that address the expected project impacts. The programmatic habitat evaluation and
the resulting development regulations must be approved by the Services before they are
effective.
mz 4-26-OO.doc 15
Snohomish County King County
DRAFT MANAGEMENT ZONE CONCEPT
Implemented through Existing Statutory Authority
SA
MANAGEMENT 2
oN
Applicability:Applies to \
all development activities \
requiring a permit,
approval or authorization. y —
Management Zone �•
is measured from the \
ordinary high water mark ! \
or channel migration zone. ; !
Implementation:There ; !
are three options for PROPERTY !
Management Zone • - • - • - • - • - • - • - • - • - • - • - • - •�
implementation.Please
see the Tri-County Draft
Framework for more Illustration produced
King County GIS&Visual Communications Uni
details. 0002mngmrt70NEconcept6W.ai8 WG-
Habitat (or Capital) Program for Tri-County 4(d) Rule
Divided into Short Term (2001 2005) and Long-Term (Beyond 2005) Programs
Focus of Short Term Program: More Salmon Benefit from Existing Capital
Fundin
• Funding from Current Sources using Current Processes
• Selection of Roads, Drainage, other CIP Projects Influenced by Salmon
Benefits
• Some Capital Funding Primarily for Salmon Benefits
• Uniform Procedure to Calculate Salmon Benefits of Capital Projects
• Administered by Each Funding Jurisdiction Independently
Focus of Long Term Program: Sustained Capital Funding to Implement Salmon
Recovery
• Guided by "Habitat Blueprint" from WRIA Plans
• Funding Sources and Processes to be Determined
• Salmon Benefits Used to Select CIP Projects and Credited towards 4(d)
Commitments
• Additional Capital Primarily for Salmon Benefits
• Governance and Administration to be Determined
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Federal Storm Water 11Ianayement Policy Timeline
1940
I950 1948- Federal Water Pollution
Control Act originally Enacted
IYbU
1979
1972 - Significant changes made to FWPCA
henceforth known as the Clean Water Act
1977 - Minor amendments made to the CWA
1980
1981 - Minor amendments made to the CWA
1987- NPDES and nonpoint source programs established
1990 - Phase I implementation
December 15, 1997- Proposed Phase II rule signed
1990 by EPA Administrator
October 29, 1999 - Final Phase II rule signed by EPA
December 8, 1999- Final Phase II rule published in Federal Register
December 2000 - NPDES-authorized states must modify
\1 - their NPDES program if no statutory change is required
December 2001 - NPDES-authorized states must modify
their NPDES program if no statutory change is required
2000 December 2002 - Permitting authority designates small MS4s
March 2003- Municipal industrial NPDES application due
(ISTES sources)
March 2003 - regulated small MS4s and storm water
discharges associated with other activity submit permit
application ;or 0 ym and 90 days after final regulations issued)
December 2004 - Permitting authority with storm water
201 j watershed plans designates small MS4s
\ 2008 - Regulated small MS4s programs
developed and implemented
for five years after permit issuance)
December 2012 - Reevaluation
of the Phase II rule by EPA
Every 5 Years- Submission
n
2,02 u , of No Exposure Certification
r
i
Maur Differences Between Phase I and Phase II
Phase I Phase II
Who Is Covered Large MS4s (serving a Small MS4s (serving a
population of 250,600 or population of less than
more) 100,000 and located in
• Medium MS4s (serving a an urbanized area or
population of 100,000 to designated by the
250,000) permitting authority)
• Construction activities Construction activities
disturbing five or more disturbing between one
acres and five acres
• Industries (specified by SIC • Industrial sources
code) designated by the
permitting authority
• ISTEA sources
(including municipally
owned/operated
industrial facilities)
Illonitoring Mandatory ongoing NPDES permitting
monitoring required of authorities establish
�., medium and large MS4s small MS4 monitoring
requirements
Application • Very specific, detailed Streamlined application
Requirements application requirements. requirements
• Application requirements General permits
don't lend themselves to encouraged; application
general permits requirements lend
themselves to this
approach
Program • Specific activities required More broad—
Requirements • Municipalities must address municipalities can
commercial and industrial develop own BMPs to
dischargers in the address minimum
community control measures
• Municipalities do not
necessarily have to
address industrial �—
dischargers
l
Roles of the Federal Government, States, Permitting Authorities,
and Jlunieipalities/Tribes in Implementing Phase II VPDES
Regulations
Federal All States \TPDES Permitting Municipalities/
Government Authorities Tribes
]develop overall Comply with Comply with other All regulated MS4s must
framework of program: requirements as a regulatory requirements establish a storm water
• Rule discharger: management program
Designate sources: that meets the
• State-operated
• Toolbox MS4s • Develop criteria requirements of six
minimum control
• Permit State construction Apply criteria measures:
Encourage use of sites Designate Public education
watershed approach Communicate with EPA interconnected
Provide financial sources Public involvement/
assistance: • Address public participation
• No appropriated petition Illicit discharge
detection and
funds Provide waivers elimination
• Federal grant Issue permits • Construction site
programs
Issue menu of controls
Implement program for appropriate BMPs in • post-construction
non-NPDES authorized cases of general permits controls
`-' states, tribes, and
territories Support local programs: pollution
• Provide financial prevention/good
Oversee state programs pi
ng a for
support (to extent p
Comply with possible) municipal operations
requirements as a Comply with
discharger: Oversee programs p
requirements as a
• Federally-owned • Ensure discharger, including
MS4s (i.e., municipalities have municipally
hospitals/prisons) adequate legal owned/operated
authority industrial sources
• Federal construction
projects
_ v
Salmonid ESA Listings and the
Nine sahnonid sans listed in 1999,including
City of Kent Puget Sound Chinook-
r F
Steellread trout Chinook salmon
(s.I.ogud—) tnnccrhy aae r�.w,•�.m�
Mon
_ .
Bull trout Chum salmon
fa.IvdieuacmtiumNnt 1<hcglry'vLus vv\.I
Primary Elements of the ESA NMFS goals of salmon recovery
Section d: Listing of species and requitanients for Increased abundance of naturally-spawned
protection of species and their habitats("4d rules")
fish to Sells-sustaining,ham-estable`levels
-Section 9: Re-quires"consultation"or review by
NMI-SI USFW when a pubtWprivate project may affect
critical habitat of listed species. AMad distribution of naturally-spawned
-Section 9: Unlawful to"tai-c-(Harass,harm,capture fish within each ESU
habitat destruction-etc.)a listed'species>
-Section 10: Pemitt*i takas through IfM. • Genetic diversity at natural levels
-Section t l: Citi zu iawsu)ts
cmr�c�s=es.,
FACTORS OF DECLINE- 4 H's
Commercial. tribal and recreational
Harvest
' Hydropower
w
- Hatcheries
a_ • Habitat
I
State strategy to recover salmon y>isa espouse
• Local and regional cooperation
Iiaititat:Forestry,agriculture
Aater use,fish
stormwater management
• Harvest managenwnt(WDENIV)
. ffatchery ma--gemeE t(wt)F«')
— ?
e Hydropower moues
- More and better enrurcernent
• More education
:adaptive mana€;enicnt " — -
- Wntarsned Eaum and n!!A Bewndenes
a....,.�ar,........ e Gre Watamrsh
ves Wate Rirshed � � HEIP SHAPE SALMON RECOVERY
al
Tri-County 4d Rule Proposal Elements
Potential4(d)Rule Framework 'IjW'WwatesYours&-end,irdLAng
q� .'w-hTy romd
-to�Vrt&9"TaerH. aat
kcmwn E __ -..t(18pn'SEkl mmrrtenaAee atld elSfD�erien[
,e-yy.mca:.� ae a_Ym nn.u. L 8W[4Y�QMFOI -
�®aw war I -
" I S - Mat disaarge detection and abatenent
T Snotitn®1Tg - -
1tlCaRl
N --
..1—gee-est Zoyes(Stmam bni3'ertattiards)
`Fixed"op>tort - -
- -"Site-apz.�$c"aphon
-
_ _ ReNional Road'Maintenance Proffam
• Habitat Restornrion and;lcauisitiaa Fnndina
7
Habitat and Water Quality are critical
DRAFT MANAGEMENT ZONE CONCEPT factors in salmon recovery
+- lmple.nanlna nuoupR Exls[In9 Statutory Au[t.o.ity
f -`6tc�c (y afa�sm=
.-J- — 5 i n wide�ftwei U�xt3er:
farge w..y deb.-
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war q-4w
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wmpgauses -
_- _-_PROPERTY _ - - •-jaW}3Yy ptt4it{d,�ItrrB(:�,ft.)r bae�'R3 aid
hydr,:arbo-
.•,• _• _ -.. — hgh waWdffi[y f-leading area to—pe pred.fi
adegtxaa�YuN&ate for food orgy umi(btwj
Local Programmatic Review
rDetailed assessment of major activities
of Public works,f arks,Planning and
Fire Depts.to address major issues of
#+ concern as detailed in draft 4d rule... -
To be completed by December,200AF
• HighligWneeds for interlocal y
agreements
• Programmatic and operational
improvements can reduce liability(3rd
party suits)
KENT Consistent with Tri-County_ 4d -
submittal' SaCvefinus conffuentus