Critical Areas Report and Wetland Mitigation Bank Use Plan for Gabrielas Long Plat Project Vista Drive Ferndale, Washington

Transcription

1 Critical Areas Report and Wetland Mitigation Bank Use Plan for Gabrielas Long Plat Project Vista Drive Ferndale, Washington Prepared for: Land Development and Engineering Services 5160 Industrial Place, #108 Ferndale, WA November 12, 2014 Job # Prepared by: 119 Grand Ave., Suite D Bellingham, WA (360) Ed Miller, PWS Senior Biologist Liliana Hansen Biologist Page 33 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11, 2014

2 Page 34 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11, 2014

3 Author Qualifications This report was prepared by Ed Miller and Liliana Hansen. Mr. Miller is a senior biologist and the owner of Miller Environmental Services, LLC, who specializes in wetlands, wildlife, and habitat assessment. He is a Society of Wetland Scientists certified Professional Wetland Scientist (PWS), #1895. Mr. Miller has obtained a Bachelor of Science in Terrestrial Ecology from Western Washington University in 1993 and a Masters of Environmental Science and Management with a focus on Watershed Management at the University of California at Santa Barbara in His 14 years of experience includes preparing wetland and stream delineations, wetland function assessments, critical areas reporting and permitting, mitigation design, mitigation monitoring, environmental impacts assessments, and biological assessments for threatened and endangered species. Mr. Miller has completed project permitting and compliance for agencies including U.S. Army Corps of Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), Washington Department of Fish and Wildlife (WDFW), Washington Department of Ecology (Ecology), California Department of Fish and Game (CDFG), and the National Marine Fisheries Service in Washington State and California. Liliana Hansen is a biologist who specializes in wetland delineations, wildlife habitat assessment, biological assessments, mitigation and monitoring, shoreline assessments, and environmental permitting. Ms. Hansen has managed projects from the preliminary site assessment stage through permitting with the Corps, USFWS, WDFW, Ecology, and local jurisdictions. Ms. Hansen received a Bachelor of Science from Western Washington University in Environmental Science in Disclaimer This report and wetland and/or stream delineation, is based on protocols that are described and defined in manuals and publications utilized by Federal, State, and Local agencies. The wetland delineation methodology used is consistent with the U.S. Army Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987), Corps Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (U.S. Army Corps of Engineers, 2010), and subsequent U.S. Army Corps of Engineers guidance. Completed work is based on conditions at the time of the site visit. No guarantees are given that a delineation determination or assessment will concur exactly with those performed by regulatory agencies or by other qualified professionals. This report is provided for the use of the named recipient only and is not intended for use by other parties for any other purpose Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 35 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11, 2014 i

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5 TABLE OF CONTENTS 1.0! INTRODUCTION... 1! 1.1! PURPOSE... 1! 2.0! METHODS... 2! 2.1! PRELIMINARY RESEARCH... 2! 2.2! FIELD INVESTIGATION... 2! 2.3! WETLAND CLASSIFICATION AND FUNCTIONAL ASSESSMENT... 3! 3.0! PROJECT AREA SETTING... 3! 3.1! WATERSHED... 3! 3.2! PROJECT VICINITY... 3! 3.3! PROJECT SITE... 4! 4.0! RESULTS... 4! 4.1! PRELIMINARY RESEARCH... 4! 4.1.1! National Wetland Inventory... 4! 4.1.2! Soils Survey Data... 4! 4.1.3! WDFW Critical Habitats and Species Data... 4! 4.2! FIELD INVESTIGATION... 4! 4.2.1! Uplands... 4! 4.2.2! Wetlands... 5! 4.2.3! Habitat Conservation Areas... 7! 4.3! WETLAND FUNCTIONAL ASSESSMENT... 7! 4.3.1! Water Quality Function... 7! 4.3.2! Hydrologic Function... 8! 4.3.3! Habitat Function... 8! 5.0! REGULATORY REQUIREMENTS... 8! 5.1! CWA SECTION ! 5.2! CWA SECTION ! 5.3! CRITICAL AREAS ORDINANCE... 9! 6.0! PROPOSED PROJECT AND IMPACT ASSESSMENT... 9! 6.1! AVOIDANCE AND MINIZATION OF WETLAND IMPACTS... 9! 6.2! IMPACTED WETLAND FUNCTIONS... 10! 7.0! MITIGATION... 10! 8.0! WETLAND MITIGATION BANK... 11! 8.1! WETLAND FUNCTIONS PROVIDED AT MITIGATION BANK... 11! 8.2! WETLAND FUNCTIONS NOT MITIGATED AT MITIGATION BANK... 12! 8.3! PROPOSED MITIGATION CREDITS... 12! 8.4! CREDIT PURCHASE... 12! 9.0! REFERENCES... 13! LIST OF FIGURES FIGURE 1: VICINITY MAP... 1! FIGURE 2: LUMMI MITIGATION BANK AND PROJECT SITE LOCATION MAP... 11! 5863 Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 37 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11, 2014 iii

6 LIST OF TABLES TABLE 1: WETLAND FUNCTIONAL ASSESSMENT CRITERIA*... 3! TABLE 2: WETLANDS SUMMARY... 5! TABLE 3: WETLAND FUNCTIONAL VALUE SUMMARY*... 7! TABLE 4: PROPOSED WETLAND FILL AND AVOIDANCE AND MINIMIZATION MEASURES... 9! TABLE 5: WETLAND IMPACT SUMMARY BY CLASSIFICATION... 10! LIST OF APPENDICES APPENDIX A. PROJECT SITE MAPS APPENDIX B. WETLAND DATA FORMS APPENDIX C. ECOLOGY WETLAND RATING FORMS APPENDIX D. SITE PHOTOGRAPHS 5863 Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 38 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11, 2014 ii

7 1.0 INTRODUCTION At the request of the applicant, Land Development and Engineering Services, Miller Environmental Services, LLC (MES) conducted a wetland delineation and critical areas assessment at a property located at 5863 Vista Drive in Ferndale, Washington; Section 19, Township 39 N, Range 02 E, W.M. (Figure 1). A map of the project area and critical areas is included as Appendix A. The applicant is proposing a to develop the property with an 11-lot subdivision, including an access road, utilities, and stormwater pond. Figure 1: Vicinity Map Project Site This report represents the best professional judgment of MES in estimating the subject jurisdictional boundaries using the most up-to-date regulations, written policy, and guidance from the regulatory agencies. However, only the regulatory agencies can make a final determination of jurisdictional boundaries. 1.1 PURPOSE This Critical Areas Report was conducted as required within the City of Ferndale Critical Areas Code. This report documents the location and nature of critical areas on the project site. This report addresses wetland, stream, and fish and wildlife habitat conservation areas Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 39 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

8 2.0 METHODS 2.1 PRELIMINARY RESEARCH Published information about local conditions was reviewed for known critical area occurrences in the project vicinity. The information reviewed included: Wetlands Mapper National Wetlands Inventory (NWI). United States Department of Interior Fish and Wildlife Service (USFWS), 2014; Web Soil Survey. United States Department of Agriculture, Natural Resource Conservation Service (NRCS), 2014; Priority Habitats and Species Mapper. Washington State Department of Fish and Wildlife (WDFW), 2014; National Hydric Soils List. United States Department of Agriculture (USDA)- Natural Resource Conservation Service (NRCS), 2011; and National Map Viewer. United States Geological Survey (USGS), FIELD INVESTIGATION A site investigation of the project site was conducted on October 20, 2014 to document site conditions. This included a wetland delineation and assessment and documentation of flora and fauna located on the project site. Wetlands were flagged and data plots were documented for the entire property. Wetlands were identified on the basis of hydrophytic vegetation, hydric soils, and evidence of wetland hydrology as described in the U.S. Army Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987), Corps Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (U.S. Army Corps of Engineers, 2010), and subsequent U.S. Army Corps of Engineers (Corps) guidance. Hydrophytic vegetation (i.e., plants adapted to saturated soil conditions) was determined to be present when dominant cover of plants observed (greater than 50 percent) had an indicator status of facultative (FAC), facultative wetland (FACW), or obligate wetland (OBL). Plant species onsite were identified according to Cooke (1997), Pojar and MacKinnon (1994), and Hitchcock and Cronquist (1973). Plant indicator status was determined using the Western Mountains, Valleys, and Coast 2012 Final Regional Wetland Plant List (Lichvar, 2012). Hydric soils were determined according to the methodology in the Field indicators of Hydric Soils in the United States, A Guide for Identifying and Delineating Hydric Soils, Version 7.0 (NRCS, 2010). Wetland hydrology was determined through the observation of soil saturation, surface ponding, or other primary and secondary indicators such as water marks, drift deposits, iron deposits, surface cracks, water stained leaves, drainage patterns, etc. (U.S. Army Corps of Engineers, 2010) Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 40 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

9 Data were collected on vegetation, soils, and hydrology at each data plot and recorded on data forms (Appendix B). All wetland boundaries are subject to verification by the City of Ferndale and/or the Corps. 2.3 WETLAND CLASSIFICATION AND FUNCTIONAL ASSESSMENT Wetlands were classified using the USFWS wetland classification system (Cowardin et al., 1979). A wetland rating was completed for each wetland using the Washington State Wetland Rating System for Western Washington Revised (Ecology Rating System) (Hruby, 2004). Rating forms are included in Appendix C. Wetland delineators visited each wetland and determined wetland classes and categories using field observations and resources utilized during the preliminary data review process. Ecology recognizes four categories of wetlands based on sensitivity to disturbance, rarity, the functions they provide, and difficulty to replace. A qualitative functional assessment was also conducted for the wetland based on the Ecology Rating System (Hruby, 2004). Hydrologic, water quality, and habitat functions were evaluated based on the scoring criteria listed in Table 1. The functional breakdown into low, medium and high categories is based on Ecology guidance provided in Ecology s Wetland Mitigation in Washington State Part 1 guidance document (Ecology et al., 2006). Table 1: Wetland Functional Assessment Criteria* Criteria Wet land Functions Low Score Moderate Score High Score Water Quality Functions Hydrology Functions Habitat Functions * Low, medium and high breakdown based on Ecology guidance in the Wetland Mitigation in Washington State Part PROJECT AREA SETTING 3.1 WATERSHED This project is located within the Schell Creek basin, a component of the Lummi Bay Watershed, Water Resource Inventory Area (WRIA) 1. The site has rolling topography, but generally slopes down to the east, towards Vista Drive. 3.2 PROJECT VICINITY The property is located within the City of Ferndale, directly west of Vista Drive between Eastview Place to the north and Hawthorne Street to the south. The area in the vicinity is almost entirely developed with high-density residential development Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 41 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

10 3.3 PROJECT SITE The property is 2.51-acres in size and contains a small shed and overgrown driveway on the east side of the parcel. The site previously had a single-family residence, which was destroyed by fire and removed, and has since overgrown with grasses. The existing site access is via the driveway off of Vista Drive. The site is a mix of forested areas (mostly around the perimeter), grass field (near Vista Drive), and large patches of Himalayan blackberry (Rubus armeniacus). The site has rolling topography and generally slopes down to the east, toward Vista Drive. Three small wetlands were located in depressional areas on site. The high point on the property, the western end, is at approximately 120-feet above mean sea level (MSL). The low point on the property is along the eastern property boundary at approximately 100-feet MSL. Site photographs are included as Appendix D. 4.0 RESULTS 4.1 PRELIMINARY RESEARCH National Wetland Inventory The NWI map does not indicate the presence of any wetlands on the property or immediately adjacent to the site (USFWS, 2014) Soils Survey Data The site is mapped with Whatcom silt loam, 3 to 8 percent slopes (soil unit #179) and Whatcom silt loam, 8 to 15 percent slopes (soil unit #180) (NRCS, 2014). These soils are listed as nonhydric. Potential soil inclusions Labounty, Bellingham, Shalcar, and Whitehorn are listed as hydric (NRCS, 2012) WDFW Critical Habitats and Species Data Washington State Fish and Wildlife (WDFW) PHS Mapper was accessed to determine if any priority habitats or species were located in the vicinity of the property. No priority habitats or species are mapped on or near the site. The Nooksack River is mapped approximately 0.5 miles east of the property and is mapped with steelhead (Oncorhynchus mykiss), Chinook (Oncorhynchus tshawytscha), bull trout (Salvelinus malma), sockeye (Oncorhynchus nerka), chum (Onchorhynchus keta), pink (Oncorhynchus gorbuscha), rainbow trout (Oncorhynchus mykiss), and coho (Oncorhynchus kisutch) (WDFW, 2014). 4.2 FIELD INVESTIGATION Uplands A majority of the property is dominated by upland forest, shrub patches, with few grass areas. Upland forest is located around the perimeter of the site, and in the western portion. Dominant species include red alder (Alnus rubra), Douglas fir (Pseudotsuga menziesii), Himalayan blackberry, and reed canarygrass (Phalaris arundinacea). The eastern side of the property, adjacent to Vista Drive, is dominated by Douglas fir, pine (Pinus spp.), paper birch (Betula papyrifera), horse chestnut (Aesculus hippocastanum), and Himalayan blackberry Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 42 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

11 The center of the property consists of large areas of thick Himalayan blackberry with several small patches of reed canarygrass in depressions. Near the eastern property boundary, at the prior house location, dominant species include tall fescue (Festuca arundinacea), orchardgrass (Dactylis glomerata), reed canarygrass, bentgrass (Agrostis spp.), and ribwort plantain (Plantago lanceolata). Upland soils generally consisted of very dark grayish brown (10YR 3/2 or 2.5Y 3/2) loam from zero to 16 inches depth Wetlands Three wetlands were identified on site: Wetlands A, B, and C. These wetlands were surveyed and are shown on the site map in Appendix A. Wetland data plot forms are included in Appendix B. Wetland rating forms are included within Appendix C. These wetlands are summarized below in Table 2. Table 2: Wetlands Summary Wetland Cowardin Classification Size square feet Ecology Category A PEM 263 IV 25 feet B PEM 339 IV 25 feet C PFO 345 III 50 feet City Standard Buffer Width Wetland A Wetland A is a Palustrine emergent, depressional wetland with no outlet. Wetland conditions are documented in data plot (DP) 3 and adjacent upland conditions are documented in DP-5. Vegetation. Wetland A is dominated by reed canarygrass and surrounded by Himalayan blackberry. Hydrology. Wetland A is seasonally saturated. During the site visit, the soils in the wetland were damp (October), but it is likely saturated in spring once the groundwater has recharged. Soils. Soils within Wetland A consist of very dark grayish brown (10YR 3/2) loam from zero to nine inches. From nine to eleven inches, soils consist of a very dark gray (10YR 3/1) silt loam with redoximorphic concentrations. Below eleven inches, soils consist of a mix of dark gray (10YR 4/1), gray (10YR 5/1), and very dark gray (10YR 3/1) silt loam with redoximorphic concentrations. Soils in Wetland A meet hydric soil indicator A11 (depleted below dark surface). Wetland Rating. Wetland A is classified as a Palustrine emergent wetland using the USFWS wetland classification system (Cowardin et al., 1979). The wetland was rated as a depressional wetland. Per the City of Ferndale Municipal Code, the wetland was rated using the Ecology rating system (Hruby, 2004). The wetland received a total score of 29 points with a habitat score of seven points. The wetland had no special characteristics and was rated as a Category IV, depressional wetland using functional score of 29. The City of Ferndale requires a 25-foot buffer for Category IV wetlands Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 43 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

12 Wetland B Wetland B is a Palustrine emergent, depressional wetland with no outlet. Wetland conditions are documented in DP-4 and adjacent upland conditions are documented in DP-5. Vegetation. Wetland B is dominated by reed canarygrass and surrounded by Himalayan blackberry. Hydrology. Wetland B is seasonally saturated. During the site visit, the soils in the wetland were damp (October), but it is likely saturated in spring once the groundwater has recharged. Soils. Soils in Wetland B generally consist of very dark gray (10YR 3/1) loam from zero to 12 inches with common, prominent redoximorphic concentrations. Below 12 inches, soils consist of a mixed matrix of very dark gray (10YR 3/1) and dark grayish brown (10YR 4/2) with many, prominent redoximorphic concentrations. Soils in Wetland B meet hydric soil indicator F6 (redox dark surface). Wetland Rating. Wetland B is classified as a Palustrine emergent wetland using the USFWS wetland classification system (Cowardin et al., 1979). The wetland is a depressional wetland. Per the City of Ferndale Municipal Code, the wetland was rated using the Ecology rating system (Hruby, 2004). The wetland received a total score of 29 points with a habitat score of seven points. The wetland was rated as a Category IV, depressional wetland using functional score of 29. The City of Ferndale requires a 25-foot buffer for Category IV wetlands. Wetland C Wetland C is a Palustrine forested, depressional wetland with no outlet. Wetland conditions are documented in DP-6 and adjacent upland conditions are documented in DP-7. Vegetation. Wetland C is dominated by one large willow (Salix spp.), tall mannagrass (Glyceria elata), creeping buttercup (Ranunculus repens), and bittersweet nightshade (Solanum dulcamara). Hydrology. Wetland C is seasonally saturated with a small amount of seasonal ponding. The wetland is located in a deep depression with a very small contributing basin, due to development surrounding the wetland and natural site topography. During the site visit, the soils in the wetland were dry (October), but it is likely saturated in spring once the groundwater has recharged. Soils. Soils in Wetland C generally consist of very dark brown (10YR 2/2) loam with common, prominent redoximorphic concentrations from zero to eight inches. Below eight inches, the soil is a mix of very dark gray (10YR 3/1) and dark grayish brown (10YR 4/2) silt loam with common, prominent redoximorphic concentrations. Soils in Wetland B meet hydric soil indicator F11 (depleted below dark surface). Wetland Rating. Wetland C is classified as a Palustrine forested wetland using the USFWS wetland classification system (Cowardin et al., 1979). The wetland is a depressional wetland. Per the City of Ferndale Municipal Code, the wetland was rated using the Ecology rating system (Hruby, 2004). The wetland received a total score of 37 points with a habitat score of seven points. The wetland 5863 Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 44 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

13 was rated as a Category III, depressional wetland using functional score of 37. The City of Ferndale requires a 50-foot buffer for Category III wetlands Habitat Conservation Areas No habitat conservation areas were observed on site. 4.3 WETLAND FUNCTIONAL ASSESSMENT Wetland functional value was assessed utilizing the Ecology Wetland Rating Form for Western Washington (Hruby, 2004). This rating method evaluates wetlands based on three categories of function, which include water quality, hydrologic function, and habitat value. The results for each wetland are shown below in Table 3. Table 3: Wetland Functional Value Summary* Wetland Water Quality Function Hydrologic Function Habitat Function A Low (8) Moderate (14) Low (7) B Low (8) Moderate (14) Low (7) C Moderate (16) Moderate (14) Low (7) * Raw functional value scores included in parentheses Water Quality Function Water quality function is assessed by characterizing the amount and type of vegetation present within a wetland. Plants enhance sedimentation by acting like a filter causing sediment particles to drop out of the water column to the wetland surface. Other variables include the average slope within slope wetlands, outlet type, and amount of seasonal ponding within depressional wetlands. Additionally, the opportunity to improve water quality is important. This is based on the presence of potential pollutants coming into the wetland (i.e., stormwater discharge, grazing, residential) that would otherwise reduce water quality in streams, lakes or groundwater downgradient from the wetland. Wetlands A and B Wetlands A and B provide a low level of water quality function. The wetlands have the potential to improve water quality as they both are depressions with no outlet and are densely vegetated (with reed canarygrass). However, the wetlands lack the ability to provide water quality functions as they do not receive polluted water inputs - adjacent developments (to the north, upgradient) are curbed and drain to the east, not onto the subject property. Wetland C Wetland C provides moderate water quality function. The wetland has the potential to improve water quality as it is a depression with no outlet and is vegetated. The wetland also has the opportunity to improve water quality as it likely receives runoff from yards and residences located to the south Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 45 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

14 4.3.2 Hydrologic Function Wetlands have the ability to reduce flooding and stream erosion in downstream areas. This is accomplished through the entrainment, storage, and slow release of water which acts to moderate flood pulses following storm events. Characteristics of this function include the vegetation characteristics (reduction of water velocity in slope wetlands), outlet type, and depth of storage for depressional wetlands. Additionally, the opportunity to reduce flooding and erosion is important. The wetland must be in a location in the watershed where the flood storage, or reduction in water velocity, it provides helps protect downstream property and aquatic resources. Wetlands A, B, and C All three wetlands provide moderate water quality function. The wetlands have the potential to improve water quality as they lack an outlet and have moderately sized contributing basins. However the wetlands have limited seasonal ponding. The wetlands have the opportunity to provide hydrologic functions as it may protect downslope property and developed areas during flood events Habitat Function Wetlands can provide habitat value to a variety of wildlife species by providing a variety of habitat types, water regimes, habitat features (such as snags and downed logs), and number of plant species. Additionally, the wetland s opportunity to provide habitat is important, as characterized by buffer condition, corridors and connections, position in the landscape, and proximity to other priority habitats. Wetlands A, B, and C All of the on-site wetlands provide low habitat function. The wetlands each have one habitat type, one hydroperiod, very little plant diversity, no habitat interspersion, no habitat features, and moderately disturbed buffers that are not connected to other habitat areas. 5.0 REGULATORY REQUIREMENTS The wetlands identified on the property are subject to federal regulations under the Clean Water Act (CWA) Sections 404 and 401, as well as state regulations under the Growth Management Act administered by the City of Ferndale under the CAO (Chapter WCC). 5.1 CWA SECTION 404 Pursuant to Section 404 of the CWA, the Corps regulates the discharge of dredged and/or fill material into waters of the United States, including wetlands. 5.2 CWA SECTION 401 Ecology is the state agency responsible for administering the CWA Section 401 Water Quality Certification program. Wetland impacts requiring a Corps permit under Section 404 of the CWA are also subject to the provisions of Section 401. Corps regulations require that a 401 Certification or waiver thereof be issued by the responsible state agency before the 404 permit becomes valid Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 46 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

15 5.3 CRITICAL AREAS ORDINANCE The City of Ferndale critical areas chapter regulates wetlands and their associated buffer under Section 5 of Chapter of their Municipal Code. Buffer widths are determined based on the wetland rating - Category IV wetlands require a 25-foot buffer and Category III wetlands require a 50-foot buffer. Mitigation for permitted impacts to a Category IV wetland is designated at a 1.25:1 ratio for wetland creation or 2.5:1 for wetland enhancement. Mitigation for permitted impacts to a Category III wetland is designated at a 2:1 ratio for wetland creation or 4:1 for wetland enhancement. 6.0 PROPOSED PROJECT AND IMPACT ASSESSMENT The applicant is proposing to create eleven residential lots with associated infrastructure and a stormwater pond. The lots will be accessed off of Vista Drive with a cul-de-sac at the west end of the property. The project will result in filling the three on-site wetlands, totaling 947 square feet. A project site plan is included in Appendix A. 6.1 AVOIDANCE AND MINIZATION OF WETLAND IMPACTS The Applicant is proposing to construct residential units within an urban area that is currently surrounded by single-family residences and multi-family residences. Avoidance and minimization measures are described below in Table 4. Table 4: Proposed Wetland Fill and Avoidance and Minimization Measures Wetland Total Wetland Area (acres) Proposed Fill in Wetland (acres) Avoidance and Minimization A Impacts unavoidable- to construct an economically viable project. B Impacts unavoidable- to construct an economically viable project C Impacts unavoidable- to construct an economically viable project. A summary of wetland impacts by classification type is included in Table 5 below Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 47 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

16 Table 5: Wetland Impact Summary by Classification Classification System Washington State Rating Cowardin Classification Hydrogeomorphic Class Area of Permanent Impact (acres) I 0 II 0 III IV PFO PSS 0 PEM PAB 0 POW 0 Depressional Riverine 0 Slope 0 Flats 0 Lake Fringe 0 Freshwater Tidal Fringe 0 Estuarine Fringe IMPACTED WETLAND FUNCTIONS The on-site wetlands provide low to moderate levels of water quality, hydrology, and habitat functions. Wetland functions are described above in Section 4.3. All of the wetlands will be filled with this proposed development, which will impact all of the wetland functions. However, the wetlands are very small (total area for all three wetlands is acres/947 square feet) and their limited functions (primarily water quality and hydrologic functions) can be replaced at a much higher level through the purchase of credits at the Lummi Nation Wetland and Habitat Mitigation Bank. 7.0 MITIGATION In order to accommodate the density and allow for an active open space tract (for stormwater and recreational area), the entire site must be developed. This will result in 947 square feet of impact to Category IV and III wetlands. As the entire site is proposed for development and there is no feasible on-site or immediately adjacent location for wetland mitigation, the applicant is proposing to use the Lummi Nation Wetland and Habitat Mitigation Bank to off-set proposed wetland impacts. This mitigation bank has pre-approved ratios of mitigation area to impact by Category of wetland. Category IV wetlands are offset at a 0.85 to 1 ratio (bank credit to area of wetland fill) and Category III wetlands are offset at a 1 to 1 ratio (bank credit to area of wetland 5863 Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 48 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

17 fill). The ratios are based on the large scale of the bank and the advance nature of the mitigation area (already constructed and undergoing monitoring). 8.0 WETLAND MITIGATION BANK The applicant proposes mitigating impacts to Wetlands A, B, and C by purchasing credits from the Lummi Nation Wetland and Habitat Mitigation Bank pending Lummi approval. The location of the Bank and the project site is shown in Figure 2 below. The project site is located within the Bank s service area. This Bank is currently the only bank available in Whatcom County. Figure 2: Lummi Mitigation Bank and Project Site Location Map Project Site Lummi Mitigation Bank 8.1 WETLAND FUNCTIONS PROVIDED AT MITIGATION BANK The Bank will provide a high level of water quality, hydrologic, and habitat functions. The onsite wetlands currently provide low to moderate levels of these functions. The Bank will replace these lost functions with wetland rehabilitation, re-establishment, and creation. The Bank wetlands will provide sediment filtration, seasonally ponding, and high quality habitat for 5863 Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 49 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

18 wildlife, replacing all on-site wetland functions to a higher level than are currently present onsite. 8.2 WETLAND FUNCTIONS NOT MITIGATED AT MITIGATION BANK All wetland functions will be mitigated at the mitigation bank. 8.3 PROPOSED MITIGATION CREDITS Mitigation ratios utilized by the bank are 0.85 credits per 1 acre of impact to Category IV wetland and 1 credit for 1 acre of Category III wetland. The proposed project action would fill acre of Category III wetland, requiring credits, and acre of Category IV wetland, requiring credits. Accordingly, credits will be requested from the Bank. 8.4 CREDIT PURCHASE Once the applicant is approved by the Lummi Nation to purchase 0.02 credits from the Bank and approval from the Corps, City of Ferndale, and Ecology has been obtained, credits will be purchased. A copy of the recorded transaction record will be supplied to the Corps, Ecology, and City of Ferndale Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 50 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

19 9.0 REFERENCES Cooke, S A Field Guide to the Common Wetland Plants of Western Washington and Northwestern Oregon. Seattle Audubon Society, Seattle, WA. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe Classification of Wetlands and Deepwater Habitats of the United States. Office of Biological Services, USFWS, FWS/OBS-79/31. Environmental Laboratory Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Golden, A Soil Survey of Whatcom County Area, Washington. United States Department of Agriculture, Soil Conservation Service in cooperation with Washington State Department of Natural Resources and Washington State University. Hitchcock, C.L., and A. Cronquist Flora of the Pacific Northwest. University of Washington Press, Seattle, Washington. Hruby, T Washington State Wetland Rating System for Western Washington - Revised. Washington State Department of Ecology Publication # Lichvar, R.W., N.C. Melvin, M.L. Butterwick, and W.N. Kirchner National Wetland Plant List Indicator Rating Definitions. U.S. Army Corps of Engineers, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory ERDC/CRREL TR Pojar, J., and A. MacKinnon Plants of the Pacific Northwest Coast. B.C. Ministry of Forests and Lone Pine Publishing. Redmond, Washington. U.S. Army Corps of Engineers Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). Corps of Engineers Research and Development Center Environmental Laboratory. ERDC/EL TR Vicksburg, Mississippi. United States Department of Agriculture, Natural Resource Conservation Service Field Indicators of Hydric Soils in the United States, Version 7.0 L.M. Vasilas, G.W. Hurt, and C.V. Noble (eds.). USDA, NRCS, in cooperation with the National Technical Committee for Hydric Soils. Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10. March Wetland Mitigation in Washington State Part 1: Agency Policies and Guidance (Version 1). Washington State Department of Ecology Publication # a. Olympia, Washington. Whatcom County. 2005a. Critical Areas Ordinance. Title 16. Chapter September, Whatcom County, Washington Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 51 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

20 Whatcom County. 2005b. Whatcom County Critical Areas Ordinance- Environmentally and Biologically Sensitive Areas Map. Whatcom County, Washington. Whatcom County Planning and Development GIS Services Whatcom County Wetlands and Streams Critical Areas GIS Dataset. Whatcom County, Washington. Websites United States Department of Agriculture, Natural Resource Conservation Service National Hydric Soils List; all states. Accessed on January 29, 2014 at: United States Department of Agriculture, Natural Resource Conservation Service Web Soil Survey. Accessed on February 9, 2014 at: United States Fish and Wildlife Service National Wetlands Inventory, Online Wetland Mapper. USFWS, Portland, Oregon. Accessed February 9, 2014 at: Washington State Department of Fish and Wildlife Priority Habitats and Species on the Web. Accessed on February 8, 2014 at Vista Drive Critical Areas Report and Bank Use Plan November 12, 2014 Page 52 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11,

21 APPENDICES Page 53 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11, 2014

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23 Appendix A Project Site Maps Page 55 of 123 Gabriela's Preliminary Plat Hearing Examiner Meeting December 11, 2014

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