joint public notice - washington

Joint Public Notice Proposal for a Wetland Mitigation Bank

US Army Corpsof EngineersSeattle District

US Army Corps of Engineers Regulatory Branch Post Office Box 3755 Seattle, WA 98124-3755 Telephone: (206) 316-3165 ATTN: Bethany Nickison

WA Department of Ecology SEA Program Post Office Box 47600 Olympia, WA 98504-7600 Telephone: (360) 407-6749 ATTN: Kate Thompson

Public Notice Date: May 7, 2020 Expiration Date: June 6, 2020 Reference No.: NWS-2019-998 Name: City of Bellingham Umbrella Mitigation Bank

Interested parties are hereby notified that the U.S. Army Corps of Engineers (Corps) and Washington Department of Ecology (Ecology) are considering a proposal to establish the Umbrella Mitigation Bank at Bellingham, Whatcom County, Washington. BANK SPONSOR CONTACT: City of Bellingham 2221 Pacific Street Bellingham, WA 98229 Contact: Ms. Analiese Burns Email: [email protected] (360) 778-7968 LOCATION: The proposed Umbrella Bank includes four different Bank Sites located near the City of Bellingham, in Whatcom County, Washington; in the Lower Mainstream Nooksack and Coastal South portions of Water Resource Inventory Area (WRIA) 1 Nooksack River (see attached Figures 1, 9, and 11). The 95.6-acre Bear Creek Corridor Site would be located east of Interstate Route 5 (I-5), generally along Northwest Drive, between Waldron Road and Beaumont Drive; on four tax parcels (380202064077, 380211165469, 380211231475, and 380202209221); Sections 2 and 11, Township 38 North, Range 02 East; Latitude 48.8028°, Longitude -122.5210° (see attached Figure 14). The 158.7-acre McCormick Creek Headwaters Site would be located north of State Route (SR) 542, south of the intersection of East Smith Road and Wahl Road, on five tax parcels (390336219362, 390336332340, 390336367460, 390336042360, and 390336080340); Section 36, Township 39 North, Range 03 East; Latitude 48.8284°, Longitude -122.3660° (see attached Figure 16). The 81.9-acre Valley of the Forks Site would be located north of SR 542, northwest of the intersection of Van Wyck Road and Noon Road; on two or three tax parcels (380303373054, 380303330090, and possibly 380303477224); Section 3, Township 38 North, Range 03 East; Latitude 48.8088°, Longitude -122.4043° (see attached Figure 18). The 271.4-acre Squalicum Lake Site would be located south of the intersection of SR 542 and Mission Road; on all or portions of three tax parcels (380312403140, 380312400405 (portion), and 380407039319 (portion)); Section 12, Township 38 North, Range 03 East and Section 7, Township 38 North, Range 04 East; Latitude 48.7953°, Longitude -122.3595° (see attached Figure 20). In total, the proposed Bank sites are 607.6 acres. MITIGATION BANKING: Mitigation banks provide an alternative to traditional permittee-responsible compensatory mitigation. Mitigation banks offer an opportunity to implement compensatory mitigation at a regional scale in advance of impacts. Mitigation banks establish “credits” through restoring, creating, enhancing and/or preserving wetlands and other aquatic resources. These credits can then be sold to future permit applicants

NWS-2019-0998, City of Bellingham Umbrella Mitigation Bank

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who need to offset the adverse environmental impacts of projects with wetland and aquatic resource impacts that would occur within the bank’s designated and agency approved “service area”. The Mitigation Bank Instrument (MBI) is the document that defines the Bank. It is a legal document that is created in cooperation between the Bank Sponsor and the Interagency Review Team (IRT). The IRT includes the Corps and Ecology as Co-Chairs, and may also include the Environmental Protection Agency, and other Federal, Tribal, State, and local agencies. The MBI contains the legal language between the Bank Sponsor and the agencies, and the technical and procedural elements of constructing, operating, and maintaining the Bank. The first stage of developing a MBI is reviewing the Prospectus of the mitigation bank proposal. PROJECT DESCRIPTION: The purpose of this public notice is to receive public comment on the Prospectus for this proposed mitigation bank entitled City of Bellingham Umbrella Mitigation Bank dated Revised April 13, 2020. The Prospectus states that the Umbrella Mitigation Bank’s overall policies and goals are to protect and restore ecological functions and habitat, limit urban sprawl and promote sustainable land use planning, and protect and improve the health of area lakes and streams, and ultimately the Salish Sea. The conceptual goals for the four identified Mitigation Bank Sites (see attached Figure 11) are described below. The 95.6-acre Bear Creek Corridor Site (see attached Figure 14) consists of three locations (four parcels) in close proximity, which follow the riparian corridor of Bear Creek. The parcels are primarily forested, with 80 acres of forested wetlands and associated riparian corridors. The Bank would preserve 40 acres of headwater wetlands under threat of development, enhance 17.5 acres of wetlands to improve structure and function, enhance 6 acres of upland to improve habitat structure and function, preserve 1 acre of riparian habitat, preserve the 0.7-acre upland forest that does not require conifer under-planting, and preserve the 30.4-acre mitigation site buffer. The formally forested 158.7-acre McCormick Creek Headwaters Site (see attached Figure 16) includes the headwaters of the Mainstream of McCormick Creek. The site was logged between 2009 and 2015, but it still supports 70 acres of emergent wetlands and includes a fairly intact stream ravine. The Bank would remove the existing building and restore severely degraded and logged habitat by enhancing 43 acres of wetlands and creating 4.5 acres of wetland, and enhancing 35.7 acres of associated uplands. The Bank would also enhance 3.8 acres of riparian corridor and preserve 3.8 acres of riparian habitat, 29.5 acres of wetlands, and 10 acres of adjacent upland forest; and preserve the 30.1-acre mitigation site buffer.

The 81.9-acre Valley of the Forks Site (see attached Figure 18) includes a section of the Mainstem and East Fork of McCormick Creek. The site is degraded due to past and on-going agricultural uses (primarily hay production and grazing), and much of the historic wetland area has been drained. The remaining emergent wetland areas are dominated by invasive reed canarygrass (Phalaris arundinacea) and the stream channels have been dredged and straightened. The Bank project would re-establish more natural riparian corridors and rehabilitate 23.1 acres of wetlands by re-connecting both the mainstem and tributaries to their floodplains; creating 8.5 acres of riparian wetlands; enhancing an additional 2 acres of wetlands; restoring 1.4 acres of riparian habitat; enhancing 20.5 acres of upland in the floodplain; preserving 5.5 acres of existing forested upland; removing degradation related to ranching; removing a culvert which is a barrier to fish passage; and preserving the 20.9-acre mitigation site buffer. The 271.4-acre Squalicum Lake Site (see attached Figure 20) includes portions of Squalicum Lake and Squalicum Creek. The site is a working valley farm, with a hillside forest that is actively managed for timber. The wetlands on the valley floor were tiled in a past attempt to drain the area. The Bank would preserve and protect 32 acres of headwater wetlands, 17 acres of adjacent riparian habitat, and 150.5 acres of associated upland forest on the hillside. To improve the severely degraded wetlands and streams in the valley floor, the Bank would rehabilitate approximately 29 acres of farmed wetland by disabling drainage tiles, re-establish connections to stream systems on the hillside, and remove grazing; restore 1.3 acres of existing cleared and ditched riparian zones and remove a


3

barrier to fish passage; enhance 4.5 acres of uplands; preserve 3 acres of open water; and preserve the 34.1-acre mitigation site buffer. PROSPECTUS AVAILABILITY: The Prospectus is available for review at the above-listed Corps and Ecology office and can be downloaded at the following internet addresses:

https://ecology.wa.gov/Water-Shorelines/Wetlands/Mitigation/Wetland-mitigation-banking/Public-notices http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

SERVICE AREA: The service area of a mitigation bank is the geographic area over which its credits may be used for compensatory mitigation. The Sponsor has proposed a service area for this Bank that would encompass 82,543 acres (approximately 9% of WRIA 1) including the watersheds of Silver Creek, Ten Mile Creek, Squalicum Creek and its tributaries, Whatcom Creek and its tributaries, Bellingham Bay watershed and its tributaries, and Samish Bay and its tributaries (see attached Figures 9 and 10). The proposed service area would include all of the City of Bellingham, portions of the City of Ferndale, and portions of unincorporated Whatcom and Skagit Counties. We are seeking comments on the proposed service area. The proposed service area may be increased or decreased based on public and IRT comments. PURPOSE: The purpose of a mitigation bank is to provide compensatory mitigation for adverse aquatic ecosystem impacts associated with activities authorized by the Corps, Ecology, and other regulatory entities that occur within the bank’s service area. The use of bank credits as future compensatory mitigation would depend on case-by-case approval by the involved regulatory agencies after determining that the use of bank credits would be consistent with all applicable rules and policies of the agencies. ADDITIONAL INFORMATION: The Bank Sponsor will work with the IRT to develop the MBI in accordance with the Federal Mitigation Rule, 33 CFR Parts 325 and 332 and 40 CFR Part 230, Compensatory Mitigation for Losses of Aquatic Resources; and the State Rule, Chapter 173-700 WAC, Wetland Mitigation Banks: as well as other applicable State, local, and Federal requirements. For additional information on wetland mitigation banking within Washington State, please refer to the following websites: https://ecology.wa.gov/Water-Shorelines/Wetlands/Mitigation/Wetland-mitigation-banking http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PermitGuidebook/Mitigation.aspx If you are interested in receiving updates from the Washington State Department of Ecology concerning wetland mitigation banking in the state, please join their e-mail list at: http://listserv.ecology.wa.gov/scripts/wa-ECOLOGY.exe?SUBED1=WETLANDS-INFORMATION&A=1 ENDANGERED SPECIES: The Endangered Species Act (ESA) requires Federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service pursuant to Section 7 of the ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered, or any designated critical habitat. After receipt of comments from this public notice, the Corps will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat. ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat


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(EFH). If the Corps determines that the proposed action may adversely affect EFH for Federally managed fisheries in Washington waters, the Corps will initiate EFH consultation with the NMFS. CULTURAL RESOURCES: An historic properties investigation will be conducted within the areas of the four proposed Umbrella Mitigation Bank Sites, and it will be coordinated with the Washington Department of Archaeology and Historic Preservation. The Corps will review the latest published version of the National Register of Historic Places, lists of properties determined eligible for the historic register, and other sources of information. The Corps invites responses to this public notice from Native American Nations or Tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of, or concerns regarding, historic properties and sites of religious and cultural significance at or near the areas of the four proposed Bank sites. This public notice initiates consultation under Section 106 of the National Historic Preservation Act (36 CFR 800.4[a][3]) with any Tribe that has information or concerns with historic properties in the areas of the four proposed Mitigation Bank Sites. EVALUATION: The Corps and Ecology are soliciting comments from the public; Native American Nations or Tribal governments; Federal, State, and local agencies and officials; and other interested parties in order to identify project aspects that need to be addressed during the bank review process and in the development of the MBI. Public comments will assist the IRT to determine whether or not to authorize the proposed Umbrella Mitigation Bank. For accuracy and completeness of the record, all comments should be submitted in writing with sufficient detail to furnish a clear understanding of the reasons for that support or opposition. COMMENT AND REVIEW PERIOD: Conventional mail or e-mail comments on this public notice will be accepted and made part of the record, and will be considered in determining whether it would be in the public interest to authorize this proposal. In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the mitigation bank name and reference number as shown below. Either conventional mail or e-mail comments must include the mitigation bank name and reference number, as shown below, and the commentator’s name, address, and phone number. All comments, whether conventional mail or e-mail, must reach the Corps no later than the expiration date of this public notice to ensure consideration. CORPS COMMENTS: All e-mail comments should be sent to [email protected]. Conventional mail comments should be sent to: U.S. Army Corps of Engineers, Regulatory Branch, Attention: Bethany Nickison, P.O. Box 3755, Seattle, Washington 98124-3755. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act, including any personally identifiable information such as names, phone numbers, and addresses. ECOLOGY COMMENTS: All e-mail comments should be sent to [email protected]. Conventional mail comments should be sent to: Washington State Department of Ecology, Attention: Kate Thompson, Post Office Box 47600, Olympia, Washington 98504-7600. Ecology has extended their public comment period and will accept comments, whether conventional mail or e-mail, no later than 30 days past the expiration date of this public notice. MITIGATION BANK NAME AND REFERENCE NUMBER: To ensure proper consideration of all comments, responders must include the following mitigation bank name and reference number in the text of their comments:

City of Bellingham Umbrella Mitigation Bank; NWS-2019-0998 Figures (8)

SILVER

CREEK

BEAR C

REEK

BAKERCREE

K

SP RINGCREE K

CHUCKANU TCR

EEK

LITTLE SQUALICUM CREEK LakeWhatcom

LakePa dden

Be l l inghamBay

Chuc

kanu

tBa

y

WHATCOMCREEK

SQUALICUM CREEK

P ADDEN CREEK

I-5

UGA

UGA

CITY LIMITS

CITY LIMITS

City of Bellingham Umbrella Mitigation Bank Prospectus Figures

Figure 1. Vicinity Map

Pages 7, 14

M T B A KERM T B A KER

S U M ASS U M ASM O U N TAINM O U N TAIN

T W I N T W I N S I S T ERSS I S T ERS

L A K E W H A T C OM

B i r chB i r chB a yB a y

L u m miL u m miI s l andI s l and

C A N ADA

Lake Whatcom

Nooks

ack River

Sil

verCr.

Whatcom

Suma

sRive

r

N . For k N ooksack River

S. F or k N o oksack River

Midd le Fork Nooksack RiverB e l l i nghamB e l l i nghamB a yB a y

LyndenNorth

Upper MainstemNooksack

Creek

Squal ic u m Cr.

Birch Bay

ChilliwackRiver Subbasin

DraytonHarbor

Lower MainstemNooksack

Lummi BayWatershed

Middle ForkSubbasin

North ForkSubbasin

SamishBay

SouthFork

Subbasin

Sumas RiverSubbasin

WH

AT

CO

MC

OU

NT

Y

SA

NJ

UA

NC

OU

NT

Y

W H A T C O M COUNTY

S K A G I T C OUNTY

W H A T C O M COUNTY

SA

NJ

UA

NC

OU

N

TY

SK

AG

IT

CO

UN

T

Y

123 4

Legend

Proposed City Service Area

Water Resources Inventory Area (WRIA) 1 Boundary

Bear Creek Corridor Mitigation Bank Site

Valley of the Forks Mitigation Bank Site

McCormick Creek Headwaters Mitigation Bank Site

Squalicum Lake Mitigation Bank Site

1

2

3

4

City of Bellingham Umbrella Mitigation Bank Program Prospectus Figures

Figure 9. Proposed Bank Sites and Service Area

Page 19

L A K E W H A T C O M

Nook

sack

River

Silve

r Cr.

Whatcom Creek

Suma

s Riv

er

BELLINGHAMBAY

SilverCreek

TenMile

SamishBay

L A K E S A M I S H

L A K E P A D D E N

ChuckanutBay

Academy

Agate

Bay

AgateBay

Austin/BeaverCreeks

BakerCreek

Blodel

Blue Canyon

BrannianCreek

Cable

Carpenter

Creek

CemeteryCreek

CentralBellingham

ChuckanutCreek

ConnellyCreek

DonovanEagle

Ridge

FeverCreek

FortBellingham

Geneva

HannahCreek

Lake Padden

LincolnCreek

LowerSqualicum

MccormickCreek

NorthShore

OlsenCreek

Oriental

Padden Creek

SilverBeach

SilverBeach

Creek

SmithCreek

SouthBay

SouthBellingham

SpringCreek

Squalicum

Harbor

Strawberry

SuddenValley

ToadCreek

Upper

Squalicum

WhatcomCreek

Padden Creek

SilverCreek

Squalicum

Creek

WhatcomCreek

ChuckanutCreek

Bellingham

Bay

ChuckanutBay

LittleSqualicum

Creek

LakeWhatcom

Ten Mile

Deer

Oyster CreekLarrabee

Colony

Whitehall

Blanchard

Fourmile

Fazon

Legend

Proposed City Service Area

Watershed

Watershed Subbasin

City Limits

City Limits Over Water

Urban Growth Boundary

Urban Growth Boundary Over Water

City Limits

UGA

FERNDALE

BELLINGHAM

Whatcom CountySkagit County


Figure 10. Proposed Service Area

Pages 20, 22, 25, 28, 29, 30, 31

Bellingham

Bay

Watershed

Lake WhatcomWatershed

Lake Whatcom

Bellingham Bay

Silver CreekWatershed

Squalicum

Creek

Watershed

Whatcom CreekWatershed

Bellingham

Bay

Watershed

LittleSqualicum

CreekWatershed

Valley ofthe Forks

SqualicumLake

McCormick CreekHeadwaters

Bear CreekCorridor

TOTEM CREEK

MID

DLE

FO

RK

SPR

ING

SPRING CREEK

MC

CORMICK CREE K

BEA

R

CREEK

WE

ST

FO

RK

MC

CO

R

MIC

K*

SQUALICUM CREEK

NFORK BAKER

CR

EE

K

GR

OVE

CR

EE

K

TOAD CREEK

BEA

RC

RE

EK

EAST FORKMCCORM

ICK*

KLI

NE

CR

E

E

K

SILVER CREEK

EAST BEA R

CRE

EK

WE ST BEAR CRE

EK

TRIB W

SILV

ERCREEK

BAKER CREEK

WDFW

Modeled Salmon Presence

Conservation EasementWatershed Boundary

City Owned Property

City Limits

City Limits Over Water

Urban Growth Boundary

Urban Growth Boundary Over Water

WDFW Priority Habitat & Species (PHS)Documented Salmon Presence General PHS Mapping

Biodiversity Corridors

Wood DuckWetland - High Conservation Value

Restoration Site (Current/Potential)

Mitigation Bank Site

Washington State Department of Fish and Wildlife (WDFW), 2017. Salmon Scape Available at: http://apps.wdfw.wa.gov/salmonscape/map.htmlSources:

Habitat Restoration Technical Assessment, ESA, Northwest Ecological Services and Veda, 2015.

Figure 11

COLOGICAL

ORTHW

EST

E

N

Mi ga on Boundary (95.6 ac)Credit Genera ng Area (65.2 ac)

Wetland Enhancement (17.5 ac)Preserva on: Uplands (0.7 ac)

Upland Enhancement (6.0 ac)Riparian Preserva on (1.0 ac)Water Bodies

Streams

0 300 600 900 1200 ft

Conceptual DesignBear Creek Corridor Mitigation Bank Site

SW Parcels: 380202064077; 380211165469, 380211231475

NE Parcel: 380202209221 City of Bellingham Mitigation Bank Program

Note: Sizes andloca ons of features are es mates based on field notes, GPS points, aerial

imagery, and LiDAR interpreta on. Features have not been formally

delineated.

Northwest Road

Interstate 5

BellinghamAirport

West Bear Creek

Bear Creek

Bear Creek Tributary

East Bear Creek

Buffer Width 100'Non-credit Genera ng Area (30.4 ac) Wetlands (40.0 ac)

ParcelA

ParcelB

ParcelC

ParcelD


Figure 14. Bear Creek Corridor Mitigation Bank SiteConceptual Design

Page 40

COLOGICAL

ORTHW

EST

E

N

Wetland Enhancement (43.0 ac) Upland Enhancement (35.7 ac) Preserva on: Upland (10.0 ac)

Riparian Rehabilita on (0.8 ac)Riparian Preserva on (3.8 ac)Streams

Water Bodies

0 300 600 900 1200 ft

Conceptual DesignMcCormick Creek Headwaters Mitigation Bank

390336219362, 390336332340, 390336367460, 390336042360, 390336080340

City of Bellingham Mitigation Bank Program

Note: Sizes andloca ons of features are

es mates based on field notes, GPS points, aerial imagery, and LiDAR interpreta on. Features

have not been formally delineated.

*Includes Wahl Road r.o.w.

Ever

son

Gosh

en R

aod

Smith Road

Wah

l Roa

dW

ahl R

d R-

O-W

(1.

3 ac

)Wetland (29.5 ac)

Mi ga on Boundary (158.7 ac) Credit Genera ng Area (128.6 ac)* Wetland Crea on (4.5 ac)

Non-credit Genera ng Area (30.1 ac)

Buffer Width 100'


Figure 16. McCormick Creek Headwaters Mitigation Bank Site Conceptual Design

Page 45

COLOGICAL

ORTHW

EST

E

N

Mi ga on Boundary (81.9 ac)Credit Genera ng Area (61.0 ac)

Wetland Crea on (8.5 ac)Wetland Rehabilita on (23.1 ac)Wetland Enhancement (2.0 ac)

Upland Enhancement (20.5 ac) Preserva on: Upland (5.5 ac) Riparian Rehabilita on (1.4 ac)

Streams

0 250 500 750 1000 ft

Conceptual DesignValley of the Forks Mitigation Bank

380303373054, 380303330090, and possibly 380303477224

City of Bellingham Mitigation Bank Program

Note: Sizes andloca ons of features are es mates based on field notes, GPS points, aerial

imagery, and LiDAR interpreta on. Features have not been formally

delineated.

Van Wyck Road

Noo

n Ro

ad

Buffer Width 100'Non-credit Genera ng Area (20.9 ac)

Change in Ownership(will pursue only with

landowner authoriza on)


Figure 18. Valley of the Forks Mitigation Bank Site Conceptual Design

Page 49

380312403140, 380312400405 (portion), 380407039319 (portion)

Prospectus Figures Conceptual Design

Pages 54, 55

joint public notice - washington

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