State_Environmental_Policy_Act_Letter_0001.pdf

SEPA Determination of Non-Significance Record #0001919-001

Project Name: Abernathy Creek Fish Passage Intake Structure Project

Description of proposal:

Linda Mark of KPFF, on behalf of the United State Fish and Wildlife Service (USFWS), proposes the Abernathy Fish Technology Center (FTC) Project to bring the Abernathy FTC fish ladder and water intake infrastructure into compliance with NOAA Fisheries and Washington Department of Fish and Wildlife (WDFW) fish passage and water intake screening criteria and to address historic operational deficiencies. The Abernathy FTC is a USFWS-owned facility. WDFW built the Abernathy FTC fishway, located upstream from the main FTC facility, and owns the fishway structure. The USFWS has an easement in perpetuity for the fishway and maintains it.

The WDFW considers the FTC fishway to be a partial passage barrier. Currently juvenile (and some adult) passage is limited during high flow, and passage is not possible during low flow conditions. In addition, the existing fish hatchery water intake is unscreened at the point of diversion. The proposed project will upgrade the existing partial-passage barrier fishway to conform to NMFS passage criteria, replace the existing non-compliant fish hatchery water intake with one that is fully compliant with NOAA Fisheries screening requirements, and will eliminate a human-made or caused fish passage barrier by bringing the fishway up to modern NOAA and WDFW fish passage standards, thus enhancing fish access to miles of upstream habitat.

In addition, the project will replace the existing non-compliant water intake with one that meets NOAA Fisheries screening requirements, thus eliminating fish deaths. The entire project area is located in the rural conservancy shoreline environment designation and the AE floodplain, including floodway. A floodplain development permit with no-rise certification is required for the floodway work. The project is eligible for a shoreline substantial development permit exemption and no net loss of ecological function is anticipated.

Proponent:

Dr. Patricia Crandell, USFWS, Abernathy Fish Technology Center 1440 Abernathy Creek Road, Longview, WA 98632

Applicant:

(Same as Proponent)

Location of proposal:

Streambank and in-channel work adjacent to 1616 Abernathy Creek Road, Longview, WA;

County parcel ID number WP2611001, in Section 26, T 9N, R 4W, Willamette Meridian.

Lead Agency:

Cowlitz County, as the SEPA lead agency for the proposal, has determined that the proposed action does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request.

Department of Building & Planning 207 Fourth Avenue North #119 Kelso, WA 98626

TEL (360) 577-3052

FAX (360) 414-5550

www.co.cowlitz.wa.us/buildplan

Board of County Commissioners Arne Mortensen District 1 Dennis P. Weber District 2 District 3 o There is no comment period for this DNS.

o This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by November 1, 2021.

Staff Contact: Greta Holmstrom, Planning Manager (holmstromg@co.cowlitz.wa.us; 360-577-3052 x6676

Responsible official:

___________________________________ Date: October 18, 2021 Greta Holmstrom; Planning Manager o You may appeal this determination to the Cowlitz County Hearing Examiner. All appeals must be perfected by delivering written notice thereof to the responsible official within 20 calendar days of the decision being appealed. You should be prepared to make specific factual objections. Please refer to Cowlitz County Code Title 19, Chapter 19.11.120, to read about the procedures for SEPA appeals.

o There is no agency appeal.

Attachments:

Environmental Checklist

JARPA

Master Application and Supporting Materials

Cc:

Washington State Department of Ecology - SEPA Center Washington State Department of Natural Resources - SEPA Center Washington State Department of Archaeology and Historic Preservation – SEPA Center Washington State Department of Fish and Wildlife – SEPA Desk Lower Columbia Fish Recovery Board Columbia River Keepers Cowlitz County Historic Preservation Commission Cowlitz County Building Official – Mike Wilson Cowlitz County Public Works – Patrick Harbison and Susan Eugenis Cowlitz County Environmental Health Unit – Season Long Cowlitz County Noxious Weeds – Jennifer Mendoza Cowlitz Tribe Yakama Nation

Application File Address File

X

X

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SEPA ENVIRONMENTAL CHECKLIST

Purpose of checklist:

Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal.

Instructions for applicants:

This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use “not applicable” or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process.

The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact.

Instructions for Lead Agencies:

Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents.

Use of checklist for nonproject proposals:

For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements –that do not contribute meaningfully to the analysis of the proposal.

*STAFF COMMENTS

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Section 404 Permit - Corps Section 401 WQC - Ecology Floodplain Development Permit – Cowlitz County SEPA Determination – Cowlitz County Substantial Development Permit Exemption for Projects to Improve Fish or Wildlife

Habitat or Fish Passage (RCW 90.58.147) - WDFW

11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.)

This proposed project will replace the existing Abernathy Fish Technology Center (FTC) fish hatchery water intake structure, upgrade the existing fish ladder, remove the existing debris screen chamber, and address historic operational deficiencies. It will bring the fish ladder and water intake infrastructure into compliance with NOAA Fisheries and WDFW fish passage and water intake screening criteria, respectively. The project is approximately 15,500 SF in size.

12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist.

The project is located on parcel WP2611001, which is located behind the residence at 1616 Abernathy Creek Road, Longview, WA, in and adjacent to Abernathy Creek. It is located in the SW ¼ of Section 26, T9N, R4W at 46.23175833 N latitude, -123.14833333 W longitude. See draft construction drawings included in the JARPA for vicinity map, site plan, and topography.

B. Environmental Elements

1. Earth

a. General description of the site:

(circle one): Flat, rolling, hilly, steep slopes, mountainous, other creek floodplain.

The immediate project vicinity is within Abernathy Creek and its floodplain and is moderately sloped. However, the area above the east bank of Abernathy Creek is a steep slope, and there are steep slopes at the edge of the project area between the residential property at 1616 Abernathy Creek Road and the project.

b. What is the steepest slope on the site (approximate percent slope)?

The steepest slope on the project site is approximately 88%. This steep slope is located northwest of the existing debris screen chamber and southwest of the fish ladder entrance. This slope will not be disturbed by construction activities.

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c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils.

NRCS mapped soils in the majority of the project area consist of Edgewick silt loam, 0 to 3 percent slopes. There are some areas of Gallup silt loam, cold, 30 to 60 percent slopes, mapped near the edges of the project area. The project will not impact agricultural land of long-term commercial significance nor will it remove these soils.

d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe.

Cowlitz County Environmental Planning Internet Clearance (EPIC) does not show any deep seated landslides, deep seated landslide scarps, potentially unstable slopes, shallow landslides, or sag ponds in the project vicinity.

e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill.

See Table 1 for a summary of proposed earthwork.

TABLE 1: Summary of Proposed Earthwork

Material Total Removal

Proposed (cubic yards)

Total Fill Proposed

(cubic yards)

Total Area of Impact

(square feet)

1) Existing Intake Structure - Remove (Permanent) 190 N/A 470

2) Proposed Intake Structure -Removal & Construction Buffer (Temporary) 400 N/A 1,170

3) Proposed Intake Structure - Construction Buffer Backfill (Permanent) N/A 400 1,170

4) Proposed Intake Structure (Permanent) N/A 570 1,120

5) Proposed Intake Structure – Riprap (Permanent) N/A 25 230

6) Gravel Road (Permanent) N/A 20 3,380

7) Existing Weir Segment Removal (Permanent) 1.5 N/A 40

8) New Weir Segment (Permanent) N/A 2.5 40

9) Depressed Sediment Ditch (Permanent) 22 N/A 260

10) Fish Ladder Bedload Removal (Permanent) 110 N/A 800

11) Fish Ladder Concrete Weir Removal & Exit Invert Adjustment (Permanent) 5 N/A 50

12) Fish Ladder Additional Entrance/Exit (Permanent) N/A 3 15

13) Removal of Existing Debris Screen and Excavation for Manholes (Permanent) 175 N/A 1,200

14) New Debris Screen Chamber – Soil (Permanent) N/A 190 1,700

15) Debris Screen Chamber – Riprap (Permanent) N/A 18 200

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Types of materials for each:

1. Removal of existing concrete intake structure to be replaced by proposed intake structure.

2. Removal of natural rock in creek and soil adjacent to creek to be filled by the proposed intake structure and for construction work.

3. Backfill with rock spoils on creek side and with soil on landward side after cement walls of new intake structure have cured.

4. Construction of proposed intake structure (cement and steel).

5. 34-inch layer of riprap upstream of proposed intake structure to protect intake structure

6. Gravel road resurfaced with 2-inch gravel.

7. Removal of existing concrete weir segment to be filled by proposed new concrete weir segment.

8. Construction of proposed new weir segment (cement).

9. Removal of bedrock to construct depressed sediment ditch.

10. Removal of existing bedload (gravels/cobbles/sand) in existing fish ladder.

11. Existing fish ladder concrete weir and entrance/exit removal.

12. Construction of proposed concrete fish ladder entrance/exit.

13. Removal of existing debris screen (steel) and excavation (soil, rock) for proposed manholes.

14. Fill area associated with new debris screen chamber with soil.

15. Fill existing debris screen outlet with riprap.

f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.

All construction projects involving soil disturbance have the potential for erosion.

Best Management Practices (BMPs) including an Erosion and Sediment Control (E&SC) Plan and Stormwater Pollution Prevention Plan (SWPPP) will be used to reduce erosion on the site.

g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)?

Currently, approximately 10.0 percent of the project work limits are covered with man-made impervious surfaces. Approximately 10.2 percent of the project work limits will be covered with man-made impervious surfaces after project construction.

h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:

The Contractor will be required to follow the E&SC Plan. A Stormwater Pollution Control Plan (SWPPP) will be developed and utilized for this project in order to reduce erosion and stormwater pollution.

2. Air

a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known.

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Dust may result from concrete saw cutting and concrete grinding as well as other demolition activities, excavation, grading, and road gravelling; however, this dust will be temporary in nature (likely not more than a few days for each activity).

Construction equipment will produce emissions while in use. The project will not result in any long-term air emissions.

b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe.

No, there are not any off-site sources of emissions or odor that may affect the project.

c. Proposed measures to reduce or control emissions or other impacts to air, if any:

Construction equipment will have to be standard emission control equipment as required by law. The Contractor will follow standard dust control practices.

3. Water

a. Surface Water:

1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)?

If yes, describe type and provide names. If appropriate, state what stream or river it flows into.

There are two streams and two wetlands in the project vicinity:

Abernathy Creek, tributary to the Columbia River Wiest Creek (upstream of the project site), tributary to Abernathy Creek Wetland 1 (riverine wetland, 0.04 acres) Wetland 2 (riverine wetland, 0.01 acres)

2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans.

Yes, there will be work in and adjacent to Abernathy Creek associated with the removal of the existing water intake, construction of the replacement water intake, and upgrading of the existing fish ladder. There will be work within 200 feet of Wetland 1 and Wetland 2, but there will be no work in Wetland 1 or Wetland 2. See draft construction drawings included in the JARPA.

3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material.

No removal or fill will occur in wetlands. See Table 2 below for removal and fill below Ordinary High Water (OHW).

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TABLE 2: Summary of Proposed Below OHW

Material

Total Removal Proposed Below

OHW (cubic yards)

Total Fill Proposed

Below OHW (cubic yards)

Total Area of Impact Below OHW(square feet)

1) Existing Intake Structure - Remove (Permanent) 12 N/A 130

2) Proposed Intake Structure -Removal & Construction Buffer (Temporary) 160 N/A 580

3) Proposed Intake Structure - Construction Buffer Backfill (Permanent) N/A 160 580

4) Proposed Intake Structure (Permanent) N/A 130 520

5) Proposed Intake Structure – Riprap (Permanent) N/A 1.5 13

6) Gravel Road (Permanent) N/A 0 0

7) Existing Weir Segment Removal (Permanent) 1.5 N/A 40

8) New Weir Segment (Permanent) N/A 2.5 40

9) Depressed Sediment Ditch (Permanent) 22 N/A 260

10) Fish Ladder Bedload Removal (Permanent) 110 N/A 800

11) Fish Ladder Concrete Weir Removal & Exit Invert Adjustment (Permanent) 5 N/A 50

12) Fish Ladder Additional Entrance/Exit (Permanent) N/A 3 15

13) Removal of Existing Debris Screen and Excavation for Manholes (Permanent) 0 N/A 0

14) New Debris Screen Chamber – Soil (Permanent) N/A 0 0

15) Debris Screen Chamber – Riprap (Permanent) N/A 0 0

Types of materials for each:

1. Removal of existing concrete intake structure to be replaced by proposed intake structure.

2. Removal of natural rock in creek and soil adjacent to creek to be filled by the proposed intake structure and for construction work.

3. Backfill with rock spoils on creek side and with soil on landward side after cement walls of new intake structure have cured.

4. Construction of proposed intake structure (cement and steel).

5. 34-inch layer of riprap upstream of proposed intake structure to protect intake structure

6. Gravel road resurfaced with 2-inch gravel.

7. Removal of existing concrete weir segment to be filled by proposed new concrete weir segment.

8. Construction of proposed new weir segment (cement).

9. Removal of bedrock to construct depressed sediment ditch.

10. Removal of existing bedload (gravels/cobbles/sand) in existing fish ladder.

11. Existing fish ladder concrete weir and entrance/exit removal.

12. Construction of proposed concrete fish ladder entrance/exit.

13. Removal of existing debris screen (steel) and excavation (soil, rock) for proposed manholes.

14. Fill area associated with new debris screen chamber with soil.

15. Fill existing debris screen outlet with riprap.

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4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known.

The project will remove the existing water intake in Abernathy Creek which supplies water to the Abernathy Fish Technology Center (FTC) and will replace it with a new water intake at the same location. The amount and timing of water withdrawals will not change due to this project. In addition, prior to in-water construction activities, the contractor will temporarily isolate an approximately 3,000 square foot section of Abernathy Creek.

While Abernathy Creek will be allowed to flow freely outside of the cofferdams during construction, fish passage will not be maintained in the immediate area of Abernathy Creek during construction because Abernathy Creek flows will be directed over the non-fish-passable top of the concrete weir and natural bedrock cascades barrier during construction. However, fish passage within Abernathy Creek will be reinstated after

5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.

Yes, the project is within the 100-year floodplain of Abernathy Creek. See attached Figures 1-2a which show the FEMA 100-year flood hazard area.

6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge.

The project does not involve any discharges of waste materials to surface waters. Erosion and sediment control measures and a SWPPP will be used to limit sediment from entering into surface waters.

b. Ground Water:

1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known.

No water will be withdrawn from a well as part of this project.

2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve.

No waste material will be discharged into the ground as part of this project.

c. Water runoff (including stormwater):

*Channel is floodway.

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1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow?

Will this water flow into other waters? If so, describe.

The proposed project will not alter stormwater runoff patterns. The proposed project will increase the amount of impervious surface from approximately 1,740 square feet to approximately 1,770 square feet. Water will either infiltrate into site vegetation and soils or runoff into Abernathy Creek.

2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve.

No waste material will be discharged into the ground as part of this project.

3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site?

If so, describe.

No, the proposed project will not alter or otherwise affect drainage patterns on the site.

d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any:

During construction, temporary erosion, and sediment control measures and a SWPPP will be implemented to control site runoff and surface erosion. In addition, the Contractor will be required to develop an in-water work isolation and dewatering plan that follows all requirements of permits. The plan will be submitted to the Abernathy FTC for approval prior to construction. Disturbed soils will be stabilized and re-seeded at the end of the project.

4. Plants

a. Check the types of vegetation found on the site:

__X__deciduous tree: alder, maple, aspen, other __X__evergreen tree: fir, cedar, pine, other __X__shrubs __X__grass ____pasture ____crop or grain ____ Orchards, vineyards, or other permanent crops.

____ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ____water plants: water lily, eelgrass, milfoil, other ____other types of vegetation

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b. What kind and amount of vegetation will be removed or altered?

One 28-inch dbh multi-trunk red alder will be removed, and there will be permanent impacts to shrub/herb ground cover in a 900 SF area. Temporary vegetation impacts (shrub/herb) may occur in an area up to 15,400 SF due to construction disturbance.

c. List threatened and endangered species known to be on or near the site.

StreamNet maps the following ESA-listed species under NMFS jurisdiction in this reach of Abernathy Creek:

Chinook salmon (Oncorhynchus tshawytscha), Lower Columbia River ESU, Threatened

Coho salmon (Oncorhynchus kisutch), Lower Columbia River ESU, Threatened

StreamNet also maps Columbia River Chum Salmon (Oncorhynchus keta), Threatened, as being present just downstream of the project.

The following ESA-listed species under USFWS jurisdiction are on the IPaC Resource List for the project area:

Columbian white-tailed deer (Odocoileus virginianus leucurus), Columbia River DPS, Threatened

North American wolverine (Gulo luscus), Proposed Threatened Marbled Murrelet (Brachyramphus marmoratus), Threatened Northern spotted owl (Strix occidentalis caurina), Threatened Streaked horned lark (Eremophila alpestris trigata), Threatened Yellow-billed cuckoo Western DPS (Coccyzus americanus), Threatened Bull Trout (Salvelinus confluentus), Threatened. Note: StreamNet does not list Bull

Trout as occurring in Abernathy Creek; the closest bull trout shown on StreamNet are in the Columbia River at the mouth of Abernathy Creek.

Nelson’s Checker-mallow (Sidalcea nelsoniana), Threatened

A biological assessment has been prepared for this project and has been submitted to NMFS for consultation.

d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any:

The site will be restored using stockpiled topsoil. Topsoil will be raked smooth and hydroseeded with a drought tolerant seed mix on all new and disturbed soil areas.

e. List all noxious weeds and invasive species known to be on or near the site.

Reed canary grass (Phalaris arundinacea), evergreen blackberry (rubus laciniatus), and Himalayan blackberry (rubus armeniacus) grow on portions of the site.

5. Animals

a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site.

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Examples include:

birds: hawk, heron, eagle, songbirds, other:

mammals: deer, bear, elk, beaver, other:

fish: bass, salmon, trout, herring, shellfish, other peamouth

WDFW PHS List in the Vicinity of the Project (WDFW PHS Online Mapper, 2020)

Common Name Scientific Name Status Presence

Coho salmon Oncorhynchus kisutch FT Occurrence/Migration/Breeding

Chinook salmon Oncorhynchus tshawytscha FT, SE Occurrence/Migration/Breeding

Cutthroat Oncorhynchus clarki FC Occurrence/Migration

Fall Chinook Oncorhynchus tshawytscha FT, SC Occurrence/Migration/Breeding

Fall chum Oncorhynchus keta FT, SC Occurrence/Migration

Freshwater forested/shrub wetland

Null N/A Aquatic Habitat

Freshwater emergent wetland Null N/A Aquatic Habitat

Northern spotted owl Strix occidentalis FT, SE Occurrence, Management buffer

Rainbow trout Oncorhynchus mykiss N/A Occurrence/Migration

Resident coastal cutthroat Oncorhynchus clarki N/A Occurrence/Migration

Winter steelhead Oncorhynchus mykiss FT, SC Breeding Area

Steelhead Oncorhynchus mykiss FT, SC Occurrence

Roosevelt elk Cervus elaphus roosevelti N/A Regular Concentration

Note: NA=Not applicable/available, F=Federal, S=State. E=Endangered, T=Threatened, C=Candidate.

b. List any threatened and endangered species known to be on or near the site.

StreamNet maps the following ESA-listed species under NMFS jurisdiction in this reach of Abernathy Creek:

Chinook salmon (Oncorhynchus tshawytscha), Lower Columbia River ESU, Threatened

Coho salmon (Oncorhynchus kisutch), Lower Columbia River ESU, Threatened StreamNet also maps Columbia River Chum Salmon (Oncorhynchus keta), Threatened, as being present just downstream of the project.

The following ESA-listed species under USFWS jurisdiction are on the IPaC Resource List for the project area:

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Columbian white-tailed deer (Odocoileus virginianus leucurus), Columbia River DPS, Threatened

North American wolverine (Gulo luscus), Proposed Threatened Marbled Murrelet (Brachyramphus marmoratus), Threatened Northern spotted owl (Strix occidentalis caurina), Threatened Streaked horned lark (Eremophila alpestris trigata), Threatened Yellow-billed cuckoo Western DPS (Coccyzus americanus), Threatened Bull Trout (Salvelinus confluentus), Threatened. Note: StreamNet does not list Bull

Trout as occurring in Abernathy Creek; the closest bull trout shown on StreamNet are in the Columbia River at the mouth of Abernathy Creek.

Nelson’s Checker-mallow (Sidalcea nelsoniana), Threatened

A biological assessment has been prepared for this project and has been submitted to NMFS for consultation.

c. Is the site part of a migration route? If so, explain.

Salmon, trout, and peamouth migrate through the area. The creek corridor is also likely facilitating local migration of animals downstream and upstream.

d. Proposed measures to preserve or enhance wildlife, if any:

The proposed project will upgrade the existing partial-passage-barrier fishway to conform to NMFS (2011) Passage Criteria by reconfiguring the pool bulkheads to provide appropriate pool volume, hydraulic drop and energy dissipation. This project will eliminate a human-made or caused fish passage barrier by bringing the fishway up to modern NOAA and WDFW fish passage standards, thus enhancing fish access to 12 miles of upstream habitat in Abernathy Creek and its tributaries.

In addition, the project will replace the existing non-compliant fish hatchery water intake with one that fully complies with NOAA Fisheries screening requirements, thus eliminating fish deaths caused by the current non-compliant water intake.

During construction, in-water work isolation, fish salvage, and dewatering will be performed during the In-Water Work Window (IWWW) in order to minimize impacts on aquatic species during construction.

Construction BMPs will be used in order to minimize construction impacts on the environment.

e. List any invasive animal species known to be on or near the site.

There are no known invasive animal species on or near the site.

*Pacific Flyway

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6. Energy and Natural Resources

a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc.

Electricity will be used to power the screen brushes, 1.5 HP Motor, B4 Pump, electric actuators, and new power panel. Overall electricity consumption will be low.

b. Would your project affect the potential use of solar energy by adjacent properties?

If so, generally describe.

No, this project will have no impact on the potential for adjacent properties to use solar energy.

c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any:

The finished project will have minimal energy requirements. The self-cleaning screens will be powered by a new, modern 1.5 HP motor and hydraulic pump.

7. Environmental Health

a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal?

If so, describe.

The construction contractor will be using fuels (gas and diesel), hydraulic fluids, lubricants, and concrete mixtures, so there is the potential for spills and leaks. The contractor will be required to have a Spill Prevention, Control, and Countermeasures (SPCC) Plan.

1) Describe any known or possible contamination at the site from present or past uses.

Based on a Department of Ecology web search, there is no known contamination at the site from past or present uses.

2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity.

None. There are no known underground hazardous liquid or gas transmission pipelines located within the project boundary or immediate vicinity.

3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time

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The construction contractor is anticipated to use and temporarily store gas, diesel, hydraulic fluids, and lubricants, as well as concrete mixtures. The Contractor will implement a Spill Prevention, Control and Countermeasures Plan (SPCC) and appropriate BMPs in order to minimize the potential for spills and reduce any potential concerns.

4) Describe special emergency services that might be required.

Standard emergency services (911) and procedures for environmental health hazards are already in place through the local fire district and mutual aid agreements with other agencies.

5) Proposed measures to reduce or control environmental health hazards, if any:

Containment will be required for any equipment staged on the project.

All equipment used in or around Abernathy Creek will be required to be clean, in good repair, and inspected prior to use to ensure there are no leaks of petroleum products, hydraulic fluids, coolants, or other deleterious materials.

An Erosion and Sediment Control Plan (ESCP) will be implemented to minimize soil erosion and prevent its entry into surface waters, particularly Abernathy Creek.

All the construction site and access roads shall be maintained, as necessary, to minimize the transmission of dust and prevent nuisance to adjacent properties.

Construction materials, debris and waste shall be placed or stored where it cannot enter or be washed into Waters of the U.S./State.

The Contractor shall take preventative measures to avoid any spills and leaks onto the site from petroleum products.

At a minimum, staging, storage, and refueling areas as well as any equipment repair or similar activity areas shall be located a minimum of 100 feet from any active creek or channel.

The contractor shall immediately fully clean up and report any such leaks or spills that occur on site.

Construction stormwater BMPs will be installed at the perimeter of all water resources near the work area as a redundant prevention of construction stormwater runoff into wetlands and streams.

The Contractor will be required to coordinate with USFWS to establish specific construction staging locations to minimize environmental impacts, including the potential for releases of potential pollutants to Abernathy Creek and area wetlands.

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The Contractor will be required to prepare a Spill Prevention, Control, and Countermeasures (SPCC) Plan prior to beginning construction to ensure pollutants are controlled and contained. The SPCC Plan will be required to be kept on-site at all times during construction.

b. Noise:

1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)?

The project is located in a rural area adjacent to Abernathy Creek Road. The main sources of noise are traffic noise and natural sounds, neither of which is anticipated to affect the project.

2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site.

Short-term construction noise will be generated by the construction activity due to the use of heavy equipment (concrete grinder, hydraulic hoe ram, jack hammer, and others) at the construction site. Construction activities are anticipated to occur between 7:00 a.m. and 7:00 p.m. There will be no permanent change in noise due to this project.

3) Proposed measures to reduce or control noise impacts, if any:

Short term construction noise is anticipated to occur between 7:00 a.m. and 7:00 p.m. and is regulated by County Noise Control (Cowlitz County Code Chapter 10.25). Short term mitigation measures include limiting construction to 7:00 a.m. to 7:00 p.m. and requiring standard mufflers on construction equipment. Long term noise is not anticipated to change as a result of this project, therefore, measures to control long-term noise are not necessary.

8. Land and Shoreline Use

a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe.

The site is currently used for a water intake for the Abernathy Fish Technology Center and fish ladder. The adjacent property closer to Abernathy Creek Road is residential, and there is adjacent riparian forest. The project will not affect the land use for the site or any nearby or adjacent properties.

b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or non-forest use?

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The project site is not used as working farmlands or working forest lands. No agricultural or forest land of long-term commercial significance will be converted to other uses as a result of this proposal. No farmland or forest land will be converted to nonfarm or nonforest use.

1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how:

No, it will not.

c. Describe any structures on the site.

The project site currently contains a fish ladder, water intake, debris screen, and concrete weir.

d. Will any structures be demolished? If so, what?

The existing water intake and debris screen will be demolished and removed. The water intake will be replaced with a new water intake. The interior of the fish ladder will be demolished and replaced with a new interior. There will be a small modification to the existing concrete weir.

e. What is the current zoning classification of the site?

The zoning classification of the project site is unzoned (UZ).

f. What is the current comprehensive plan designation of the site?

Rural

g. If applicable, what is the current shoreline master program designation of the site?

Shoreline, Rural Conservancy.

h. Has any part of the site been classified as a critical area by the city or county? If so, specify.

Yes, based on EPIC, the following Critical Areas may be present onsite: riparian fish bearing, riparian non-fish, riparian habitat, and shoreline.

i. Approximately how many people would reside or work in the completed project?

*Floodplain

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No one would reside in the completed project. Existing employees at the Abernathy FTC would continue to perform work, as they do currently, at the site of the completed project.

j. Approximately how many people would the completed project displace?

Zero.

k. Proposed measures to avoid or reduce displacement impacts, if any:

N/A

l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any:

N/A. The proposed project will not change the land use.

m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any:

The project will not cause any impacts to agricultural or forest lands of long-term commercial significance, therefore, no measures are needed to reduce or control impacts.

9. Housing

a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing.

No housing units will be provided by this project.

b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing.

No housing units will be eliminated by this project.

c. Proposed measures to reduce or control housing impacts, if any:

This project will not affect housing; therefore, no measures are needed to reduce or control housing impacts.

10. Aesthetics

a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed?

The height of the tallest structure, the intake structure, is 7.5 feet tall, the top of which is over three feet below the height of the top of the existing retaining wall.

The exterior of the intake structure will be made of concrete and grating.

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b. What views in the immediate vicinity would be altered or obstructed?

No views in the immediate vicinity would be obstructed, as the top of the proposed intake structure is lower than the top of the existing retaining wall. The appearance of the intake structure will change somewhat from its existing appearance, but it won’t obscure views.

c. Proposed measures to reduce or control aesthetic impacts, if any:

Areas disturbed by construction will be reseeded.

11. Light and Glare

a. What type of light or glare will the proposal produce? What time of day would it mainly occur?

The proposal will not produce any light. The cone screens are made of steel and therefore could produce some glare from sunlight during daylight hours, however, any glare produced is expected to be minor.

b. Could light or glare from the finished project be a safety hazard or interfere with views?

Any glare produced would not be visible from roadways and is not anticipated to interfere with any views.

c. What existing off-site sources of light or glare may affect your proposal?

None

d. Proposed measures to reduce or control light and glare impacts, if any:

None

12. Recreation

a. What designated and informal recreational opportunities are in the immediate vicinity?

Abernathy Creek may provide informal opportunities for fishing and swimming.

b. Would the proposed project displace any existing recreational uses? If so, describe.

No, the project would not displace any existing recreational uses, other than during

c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any:

None.

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13. Recreation

a. Are there any buildings, structures, or sites, located on or near the site that are over

45 years old listed in or eligible for listing in national, state, or local preservation registers? If so, specifically describe.

Three historic resources, including an intake structure, concrete weir, and screen chamber were identified onsite, two of which were previously determined to be not eligible for listing in the National Register of Historic Places (HRHP). The concrete weir is recommended to be not eligible for listing in the NRHP.

b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site?

Please list any professional studies conducted at the site to identify such resources.

AINW completed a cultural resources survey of the project site. No cultural resources were found during shovel testing. AINW recommends a finding of No Historic Properties Affected. The report will be reviewed by tribal authorities and

DAHP.

c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc.

AINW, the consultant that completed the cultural resources survey, meets the professional qualifications of the U.S. Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation, and their survey follows the standards of the Washington Department of Archaeology and Historic Preservation (DAHP). Their report will be reviewed by tribal authorities and the DAHP.

d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required.

The USFWS will abide by any conditions set forth by the tribes and DAHP to protect cultural resources. If any historical or archaeological artifacts are during construction, work will stop, and the site will be protected from disturbance, and the USFWS will notify the Tribes and all appropriate federal, state, and local agencies, including DAHP.

14. Transportation

a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any.

*Inadvertent discovery language to be added to permits.

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Abernathy Creek Road serves the site. The project access to Abernathy Creek Road is via a gravel driveway and will remain unchanged, other than receiving a new layer of gravel.

b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop?

No, the project site is not served by public transit. The project is approximately 10 miles to the nearest transit stop.

c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate?

The project would neither create nor eliminate any parking spaces.

d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private).

No, the project will not require any improvements to existing transportation facilities. The existing gravel access road will be re-graveled as part of the project.

e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe.

No, the project will not use or occur in the immediate vicinity of water, rail, or air transportation.

f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles).

What data or transportation models were used to make these estimates?

No vehicle trips will be generated by the completed project.

g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe.

No, the project will not affect or be affected by the movement of agricultural and forest products.

h. Proposed measures to reduce or control transportation impacts, if any:

None.

State of Washington Department of Fish and Wildlife

Mailing Address: PO Box 43200, Olympia, WA 98504-3200, (360) 902-2200, TDD (360) 902-2207 Main Office Location: Natural Resources Building, 1111 Washington Street SE, Olympia WA

June 1, 2021

U.S. Fish & Wildlife Service Patricia A. Crandell 1440 Abernathy Creek Road Longview, Washington 98632

Dear Dr. Crandell:

SUBJECT: REVIEW FOR SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION

FOR ABERNATHY FTC FISH LADDER MODIFICATIONS

The Washington Department of Fish and Wildlife (WDFW) has reviewed your request for WDFW approval under RCW 90.58.147 (Substantial Development Permit-exemption for projects to improve fish or wildlife habitat or fish passage) for your FISH PASSAGE IMPROVEMENT project.

Based on the information you provided, we have determined that your project meets the requirements for WDFW approval to improve fish or wildlife habitat, or fish passage. Your project must still be reviewed through the State Environmental Policy Act (SEPA) process, and will require Hydraulic Project Approval (HPA) from WDFW.

To receive the exemption from the Shoreline Substantial Development Permit requirements of local governments authorized by RCW 90.58.147, you must first submit a complete application in the Aquatic Protection Permitting System (APPS) (http://wdfw.wa.gov/licensing/hpa). Within 45 days of receipt of the complete, written application, WDFW will issue an HPA or deny approval. If WDFW issues an HPA for your project you must include copies of this letter and the HPA with a request to the local government for exemption from their Shoreline Substantial Development Permit requirements.

If you have any questions, please contact George Fornes, Habitat Biologist, at 360-906-6731.

Sincerely, Christopher…