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A. The applicant is advised to refer to the following guidance documents during the course of the habitat assessment report (HAR) preparation:

1. Washington Department of Fish and Wildlife Priority Habitat and Species Management Recommendations, May 1991 (or as hereafter amended), and supplemental documents including but not limited to:

a. Priority Habitats and Species List;

b. Management Recommendations for Washington's Priority Habitats: Oregon White Oak Woodlands;

c. Management Recommendations for Washington's Priority Habitats: Volume I Invertebrates; and

d. Management Recommendations for Washington's Priority Habitats: Volume III Amphibians and Reptiles.

2. Making Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Watershed Scale (NMFS, 1996).

3. A Guide to Biological Assessments (NMFS, revised March 23, 1999).

4. Biological Assessment Preparation and Review (USFWS, March 1999).

5. NMFS Checklist for Documenting Environmental Baseline and Effects of Proposed Action(s) on Relevant Indicators.

6. Stream Survey Report Criteria, King County Department of Development and Environmental Services.

B. The following information must be included in every habitat assessment report:

1. Project Description. Describe in detail the type and scope of action proposed:

a. Describe the overall purpose of the project and a brief summary of project objectives.

b. List all proposed project related construction activities and types of equipment.

c. Provide to-scale plans that show where work is proposed relative to sensitive areas and/or habitat. If the applicant proposes to reduce a standard buffer, the site plan shall identify all significant trees adjacent to the reduced buffer.

d. Quantify areas of vegetation removal, include clearing and grubbing, vegetation type, replanting plans.

e. Provide a chronology of activities, timing of construction, phasing.

f. Describe proposed grading and filling or other earthwork, include specific BMPs for erosion, sedimentation, stormwater, and spill control. If appropriate, append the TESC Plan, Spill Control Plan, BMP specifications, etc.

g. Provide stormwater treatment information including:

(1) Amount of new impervious surface;

(2) Percent of surface and type of treatment for new and existing impervious surface;

(3) Specify BMPs to treat for quality and quantity;

(4) Identify the receiving area /waterbody for each BMP, including overflow channels.

h. Describe proposed in-water work (below OHWM or extreme high tide) and work over waterbodies, and potential for impacts to riparian or aquatic vegetation. Include conditions and work windows as described in the WDFW Hydraulic Project Approval. State clearly if the project does not include any in-water or over water work.

2. Description of the Project Area. The following items should be addressed as appropriate:

a. Provide a legal description (Section, Township, Range) and vicinity map that clearly shows the project in relation to nearby waterbodies, sensitive habitats, etc.

b. Date of field review(s) of project, credentials of personnel involved, and results of visit(s).

c. Describe the environmental baseline (current or pre-project) condition of the habitat and the project area. The baseline description should address all pertinent habitat parameters for the species.

d. If buffer averaging is proposed for use, and significant trees are identified on the outer edge of the reduced buffer such that their drip line extends beyond the buffer edge, the tree protection measures described in PCC 18E.40.060 are to be implemented.

e. Describe the project setting in terms of physiographic region, general topography, dominant habitat and vegetation type(s), aquatic resources, land use patterns, and existing disturbance levels from human activities, roadways, etc.

f. Include information about past and present activities in the area that relate to the species or its habitat and/or the proposed action. This could include information on adjacent development projects, past consultations with State or Federal agencies, previously established conservation measures, or species management plans.

3. Regulated Fish and Wildlife Species and Habitat Conservation Area Occurrence. The HAR must be based on current site-specific information about the species and its life history. Cite any relevant scientific literature or research findings. At a minimum, the following items should be addressed:

a. Cite species listings provided by NMFS, WDFW, and/or USFWS. Append a copy of the listing to the report. Species listings should be updated every six months.

(1) Identify any State-listed, Federal or State proposed species (and candidate or species of concern if appropriate), and designated or proposed critical habitat that are known or have the potential to occur on site or in the vicinity of the project area.

(2) Identify fish by ESU.

b. Describe the species, its habitat requirements and ecology in general, and relate that to the local populations. A lengthy life history is not required, but enough information should be provided to adequately explain the potential impacts.

c. Describe the potential suitable habitat for the species found on site or in the project vicinity and how local populations use it. Discuss the local status of the species as appropriate. Determine the likely level and type of use of the area by each species.

4. Analysis of Effects on Listed and Proposed Species and Designated and Proposed Habitat. The HAR should provide a thorough analysis of (and a separate Section addressing) the potential direct, indirect, interrelated and interdependent, and cumulative effects of the action on the regulated species and its habitat within the project area. The following items should be addressed:

a. Define the project area (area of potential impacts, both indirect and direct). The area of impact is usually larger than the project area or project vicinity (i.e., the river upstream and downstream from a bridge project, waterbodies receiving stormwater).

b. Describe how the environmental baseline (current or pre-project condition of the habitat in the project area) will be degraded, maintained or improved (restored). If appropriate, append the completed NMFS Checklist for Documenting Environmental Baseline and Effects of Proposed Action(s) on Relevant Indicators.

c. Direct Effects: Describe and analyze the effects of the action that would directly affect the species. Include actions that would potentially remove or destroy habitat, displace or otherwise influence the species, either positively (beneficial effects) or negatively (adverse effects).

d. Describe potential for impacts from disturbance (i.e., noise above ambient levels, sudden loud noises, increased human activity), from construction and continuing operation. Construction impacts would be considered a direct effect whereas operation noise impacts could be considered indirect effects as they occur later in time.

e. Indirect Effects: Describe any potential indirect impacts (those that occur later in time) such as impacts to future food resources or foraging areas, and impacts from increased long-term human access.

f. Interrelated/Interdependent Effects: Describe and analyze any potential effects from interdependent actions (actions that have no independent utility apart from the primary action) and interrelated actions (actions associated with the primary action and dependent upon that action for their justification) on the species or habitat that would not occur if not for the proposed action. Examples of these two effects include site clearing activities associated with new home construction (an interdependent effect) and increases in light, noise, and glare that occur as a result of land division (an inter-related effect).

g. Cumulative Effects: Identify to the extent possible those cumulative effects within the project area that are reasonably certain to occur.

h. If species specific recovery plans or management plans have been established by the U.S. Fish and Wildlife Service, Washington Department of Fish and Wildlife, or National Marine Fisheries Service, address the project in terms of compliance and recommendations.

i. For proposed species, analyze the potential for the project to jeopardize the continued existence of the species.

j. The HAR must contain a distinct statement of the overall effect of the project on each species. It must also provide supporting evidence to justify the effect determination (for listed species) or jeopardy call (for proposed species). The determination must be consistent throughout and worded correctly. See attached NMFS or USFWS Guidance for specific wording for each status.

5. Recommended Conservation Measures. The HAR should describe components of the project that may benefit or promote the recovery of listed species and are included as an integral part of the proposed project. These conservation (or mitigation) measures serve to minimize or compensate for project effects on the species under review. The following items should be addressed:

a. Provide specific recommendations, as appropriate, to reduce or eliminate the adverse effects of the proposed activity. Potential measures include: timing restrictions for all or some of the activities; clearing limitations; avoidance of specific areas; special construction techniques; HPA conditions; replanting with native vegetation; potential of habitat enhancement (i.e., fish passage barrier removal); best management practices, etc.

b. If applicable, append a copy of the HPA, specifications for BMPs, or other documentation to support the implementation of the conservation measure.

c. Include a description of proposed monitoring of the species, its habitat, and mitigation effectiveness.

6. Conclusions and Effect Determinations.

a. Summarize the proposed project and objectives, and restate the listed species that may occur near the project and the expected level of use.

b. State what conclusions regarding potential impacts to the species discussed can be supported from the information presented in the report. The following items should be addressed:

(1) A finding of effect must be made for each identified fish and wildlife species or habitat area. For each, only one of the following finding of effect is acceptable:

No Effect: The appropriate finding to make when the direct or indirect impacts of a project will have no affect of any kind, negative or beneficial, upon a species or habitat area;

May Affect, Not Likely to Adversely Affect: The appropriate finding to make when the direct or indirect effects of a project are insignificant, discountable, or beneficial; or

Likely to Adversely Affect: The appropriate finding to make when the direct or indirect effects of a project may adversely impact a species or habitat area and the effects are not insignificant.

(2) Findings of "no effect" or "may affect, not likely to adversely affect" may not be based upon the argument that species will be displaced to other suitable habitat or that (based upon a limited number of surveys) species are not known to occur. The failure to provide site-specific surveys at the appropriate time of the year for the species of study will result in the Department assuming a worst-case scenario in regards to project-related impacts.

c. For any proposed species or proposed habitat discussed, the conclusions should indicate whether the proposed project is likely to jeopardize the continued existence of the species (as in the entire species, not individual(s)), or adversely modify the proposed critical habitat.

7. References and Appendices. Refer to all appropriate project documents, particularly if the assessment depends upon information located elsewhere (e.g., in an EIS). Applicants may consider providing the Department with copies of pertinent documents along with the HAR. At a minimum, the following items should be addressed:

a. Provide citations for other information referred to in the HAR, such as current literature and personal contacts used in the assessment. Include name, affiliation, and date.

b. Include as appropriate any photographs, survey methods, protocols, and results. Do not provide specific information regarding the exact location of State- or Federally-listed species within the HAR document. Federal and State restrictions exist regarding the release of such information.

(Ord. 2013-45s4 § 4 (part), 2015; Ord. 2006-103s § 2 (part), 2006; Ord. 2004-56s § 4 (part), 2004)