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HomeMy WebLinkAbout6295ORDINANCE NO. 6 2 9 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS; ADOPTING REGULATIONS INCORPORATING FEDERAL HABITAT PROTECTION REQUIREMENTS INTO EXISTING REGULATIONS, ESTABLISHING REQUIREMENTS FOR A FLOODPLAIN DEVELOPMENT PERMIT, UPDATING RELATED PROVISIONS OF LAW, AND AMENDING CHAPTERS 14.03 AND 15.68, AND SECTIONS 10.10.010, 16.10.0707 17.04.300, 17.09.0507 AND 17.14.110 OF THE AUBURN CITY CODE, AND CREATING NEW SECTIONS 17.04.305, 17.04.335 AND 18.70.025 OF THE AUBURN CITY CODE, AND REPEALING SECTION 17.04.045 OF THE AUBURN CITY CODE CONNECTED THEREWITH WHEREAS, the City is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP) to adopt floodplain management regulations that meet the requirements of the federal flood plain management criteria for flood - prone areas in the Code of Federal Regulations (44CFR 60.3) ;and WHEREAS, the City currently regulates floodplain management by using a combination of specific floodplain management regulations, critical area regulations, shoreline management regulations, and State Environmental Policy Act (SEPA) regulations; and WHEREAS, in October, 2008, the City received notice from the Federal Emergency Management Administration (FEMA) and the National Marine Fisheries Service (NMFS) that those agencies had collaborated on a position paper that seeks to prevent continued degradation of existing floodplain, and to promote low impact development in floodplain areas of the region that could effect endangered species; and Ordinance No. 6295 March 31, 2010 Page 1 of 44 WHEREAS, FEMA and N IVI FS took the position that if a permitting agency, such as the City of Auburn, grants permits in floodplain areas within its boundaries that are later determined to adversely affect the floodplains and/or endangered species, the permitting agency will be liable for the resulting "take" on endangered species; and WHEREAS, in response to the position taken by the federal agencies, the City imposed a moratorium on development in floodplains within the City, which moratorium continues to be in effect; and WHEREAS, FEMA, in consultation with NMFS, began working on a model ordinance that, if substantively adopted by local jurisdictions, would allow those jurisdictions to resume permitting development in the floodplain. The provisions of the model ordinance are intended to help ensure that impacts on the floodplain and on habitat were properly evaluated and, if necessary, mitigated; and WHEREAS, the federal agencies invited several local jurisdictions, including Auburn, to participate in a focus group during the development of this model ordinance; and WHEREAS, although federal agencies incorporated some of the suggestions from the local jurisdictions, the substantive requirements that the local jurisdictions must adopt are mandated by the federal agencies and are not subject to modification by the local jurisdictions. WHEREAS, the federal agencies must approve the City's incorporation of the substantive terms of the model ordinance; however, the provisions of model ordinance provide sufficient guidance to allow the City to resume processing development permits in the floodplain in compliance with the interim measure required by NMFS; and Ordinance No. 6295 March 31, 2010 Page 2 of 44 WHEREAS, It is the council's intention to adopt the below stated regulations as interim regulations until such time as the federal agencies approve them as permanent measures, at which time they shall become permanent regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City code. Chapter 14.03 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 14.03 TYPES OF PROJECT PERMIT DECISIONS Sections: 14.03.001 Generally. 14.03.010 Type I decisions. 14.03.020 Type 11 decisions. 14.03.030 Type III decisions. 14.03.040 Type IV decisions. 14.03.050 Type V decisions. 14.03.000 Legislative nonproject decisions. 14.03.001 Generally. Project permit decisions are classified into five types, based on whether a director, the hearing examiner or the city council makes the decision and the process by which that decision is made. (Ord. 4835 § 1, 1996.) 14.03.010 Type I decisions. Type I decisions are administrative decisions made by the city which are not subject to environmental review under the State Environmental Policy Act (SEPA) codified at Chapter 43.21 C RCW. Type I decisions include, but are not limited to, the following project applications: A. Building permit; B. Plumbing permit; C. Mechanical permit; D. Utility permit; E. Special permit; F. Excavation permit; G. Land clearing permit; H. Grading permit; 1. Floodplain development ^ ntr-nl zone permit; J. Public facility extension agreement; Ordinance No. 0295 March 31, 2010 Page 3 of 44 K. Right-of-way use permit; L. Lot line adjustment; M. Home occupation permit; N. Temporary use permit (administrative); 0. Administrative use permit; P. Short subdivision (plat); O. Mobile home closure plans. (Ord. 5746 § 2, 2003; Ord. 4335 § 1, 1996.) 14.03.020 Type 11 decisions. Type 11 decisions are administrative decisions made by the city which include threshold determinations under SEPA. Type 11 decisions include, but are not limited to, the following project applications: A. Building permit; B. Grading permit; C. Land clearing permit; D. Public facility extension agreement; E. Administrative use permit; F. Short subdivision (plat). G. Floodplain development permit. (Ord. 4835 § 1, 1996.) 14.03.030 Type III decisions. Type III decisions are quasi-judicial final decisions made by the hearing examiner following a recommendation by staff. Type III decisions include, but are not limited to, the following project applications: A. Temporary use permit; B. Substantial shoreline development permit; C. Variance; D. Special exceptions; E. Special home occupation permit; F. Preliminary plat; G. conditional use permit; H. Surface mining permit. (Ord. 6184 § 3, 2008; Ord. 4835 § 1, 1996.) 14.03.040 Type IV decisions. Type IV decisions are quasi-judicial decisions made by the city council following Yp a recommendation by the hearing examiner. Type 1V decisions include, but are not limited to, the following project applications: Rezone (site-specific). (Ord. 6184 § 41 2008; Ord. 4835 § 1, 1996.) 14.03.050 Type V decisions. Type V decisions are quasi judicial decisions made by the city council following a recommendation by staff. Type V decisions include, but are not limited to, the following project applications: Final plat. (Ord. 6184 § 51 2008; Ord. 4835 § 1, 1996.) Ordinance No. 6295 March 31, 2610 Page 4 of 44 14.03.060 Legislative nonproject decisions. Legislative nonproject decisions made by the city council under its authority to establish policies and regulations are not classified as a "type" of project permit decision. Legislative nonproject decisions include, but are not limited to, the following legislative actions: A. Amendments to the text and map of the comprehensive plan or development regulations. B. Amendments to the zoning map (rezones) on a city-wide or area -wide basis. (Ord. 4835 § 1, 1996.) Section 2. Amendment to code. Chapter 15.68 of the Auburn city Code be and the same hereby is amended to read as follows: Chapter 15.68 FLOOD HAZARD AREAS' Sections: Article I. Statutory Authorization, Findings of Fact, Purpose and objectives 15.68.910 . Reserved. 15.68.020 arm I no cd, or % 0 OF.Reserved . 15..68.030 Statement of purpose. 15.68.040 Methods of reducing flood losses. Article 11. Definitions 15.68.050 Interpretation of language. 15.58.060 Definitions. Article 111, General Provisions 15.68.070 Land to which this chapter applies. 15.68, 080 .Reserved . 15.68.090 Penalties for noncompliance. 15.68.100 Abrogation and greater restrictions. 15.68.110 Interpretation. 15.58.120 Warning and disclaimer of liability. 15.68.125 Appeals.. Article IV. Administration ' Prior Legislation: Ords. 4214 and 4220. Ordinance No. 5295 March 31, 2010 Page 5 of 44 15.68.130 Establishment of and requirement to obtain floodplain development permit. 15.58.135 Floodplain develo ment ermit application. 15.68.136 Floodplain develo ment permit expiration. 15.68.140 Renealed.Designation of floodplain administrator. 15.68.141 Duties of the floodplain administrator. 15.58.150 Duties and responsibilities of the ublic works department. 15.68.151 Duties and responsibilities of the ' 'lud planning and develv_pment department. Article V. Provisions for Flood Hazard Protection 15.58.150+�ncin rdc Standards of the Gibe of Altb6l FR ublic works de artment. 15.68.161 is+andards Standards of the ' ' ' tannin and development de artment. 15.68.170Additional standards of the ^ « of ❑ E ihi mn h, 1;1d unq planning- and development department. 15.68.180 Floodwav s and communityacknowledgement of FEMA ma amendments. 15,68.190 Development within areas of special flood hazard. 15.68.200 Compensatory storage reguiremems. Article I. ' o ` ,Purpose r� 15.68.010 RESERVED an, %alt. 41. i . i ■ WAWA r Ii rt - i +�w . ■ r w w - ■ w ww ■ ■' — ■ ■ i — ■ ■ r w r w _ L ■ i ■ . ■ iV.Z 1, FM ■ + �.. ■ MT - i�■ - A . ■ — i i ■ A — ■ ■ r i ■ /R t ■i ■ — i — r w r r_ _ r w r w w w r - r ,r i i ■ TM w w + w I ■ ■ -11 mill WftYA-.jAV.. e ■ ■ ■ ► i ■ i ■ a ■ . — . w i ■ w ■ i i ■ — w - - - r .__ 0 Is N MER _ w w r �. ■ .AST Rod Ir ■ 1 ■ w F w2E IL- ggElgjtj r w t ■ a ■ - ■ - ,. .. -MA- WE 15.68.020 RESERVED FIndEIng n- ^f fa" rVot a W -W MEN 1111 MIA Nor i i ■ TM w w + w I ■ ■ -11 mill WftYA-.jAV.. - w i 11 w r i iI r_ .- -"n■ - ■ w r + i, r• •r _ w w r �. r w w • r �r r r w w w2E IL- ggElgjtj r w t ■ a ■ - ■ - ,. .. -MA- WE AL w _ w r r i ■ — ■ — ■ r w r r EX., w ■ r IN, ■ . — w r r r • ■ ■ i■ i — r w_ ■ .. .. w — ■ ■ — . w ■ + ■ - w — ' ■ w w - w - _ rr y r1 LV — i r w — A w w w r r + ■ i■ — ■ iti . — i — MALe-r ■ 1 r w _ r r r r• r _ _—— - r — w w w wAK 10"-dwr r w Ordinance No. 6295 March 31, 2010 Page 6 of 44 15.68.030 Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life, ate --health, and to protect property_; B. To minimize expenditure of public money and costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1. TO g-ualify the City of Auburn for participation in the National Flood Insurance Pro ram thereby ivin citizens and businesses the o ortuni to purchase flood insurance J. To maintain the gualily of water in rivers streams and lakes and their flood lains so as to rotect ublic water supplies, areas of the Public Trust and wildlife habitat protected b the Endangered S ecies Act K. To retain the natural channel shoreline and floodplain creation processes and other natural floodplain functions that protect, create and maintain habitat for threatened and endangered species, ---and L. To prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains and stream channels. JOrd. 6161 § 1, 2008; Ord. 4820 § 11 1995; Ord. 4357 § 2(1.3), 1989.) 15.88,040 Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. Ordinance No. 6295 March 31, 2010 Page 7 of 44 F Identifying the Regulatory Floodplain, the Special Flood Hazard Area, and the Protected Area and the supporting technical data needed to delineate those areas. G Establishing a permit requirement so that all human development that may affect flood hazards water quality, and habitat is reviewed before it is constructed. H Setting minimum protection standards for all development to ensure that the development will not increase the potential for flood damage or adversely affect natural floodplain functions. 1. Setting minimum standards to protect new and substantially improved structures from flood damage. J Specifying additional habitat protection criteria. Some projects do not need a floodplain permit (see ACC 15.68.1306 C)' whereas other projects require a flood Iain ermit but do not re vire the habitat impact assessment re uired in this chapter (see ACC 15.68,130D). For all other development projects, the applicant must assess their impact on those factors that contribute to increased flood hazard and degradation of habitat If the assessment concludes that there will be an adverse effect, the permit will be denied unless the project is redesigned to mitigate the adverse effects. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(1.4), 1989.) Article II. Definitions 15.68.050 Interpretation of language. Unless specifically defined in this article, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(2.0), 1989.) 15.58.060 Definitions. As used in this chapter: 3nGe. ran Qf iiAhnilnUt finnCloMC12 i lAndintnhia 1 1 in a aone,... %W 1 %.0 %A %.0 1 vlo I I %.o% I I 1W %ho %.r 1 9 1 %.w %.# %A 9 1 . A. "Adversely affect/Adverse effect" means effects that are a direct or indirect result of the proposed action or its interrelated or interde endent actions and the effect is not discountable insi nificant or beneficial where: 1. a. Discountable effects are extrerneiv unlike! to occur-, and b. In -significant effects relate to the size of the ire act and should never reach the scale where a take occurs. Based on best Ordinance No. 6295 March 31, 2010 Page 8 of 44 judgment, a person would not be able to meaningfully measure, detect, or evaluate insignificant effects, or expect discountable effects to occur. 2. Beneficial effects are contemporaneous positive effects without anv adverse effects. In the event that the overall effect of the proposed action is beneficial but is also likely to cause some adverse effects, then the proposed action is considered to result in an adverse effect. B. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100 --year flood." The area subject to the base flood is the Special Flood Hazard Area (SFHA) designated on Flood Insurance Rate Maps as Zones "A " including AE AOAH and A1-99. C. "Base Flood Elevation" means the elevation of the base flood above the datum of the effective FIRM. 1. The base flood elevation for the SFHAs of the City shall be as delineated on the 100 year flood profiles in the Flood Insurance Study -for the 2. The base flood elevation for each SFHA delineated as a "Zone AH" or "Zone AO" shall be that elevation or depth) delineated on the Flood Insurance Rate Map, Where base flood depths are not available in Zone AO, the base flood elevation shall be considered to be two feet above the highest grade adjacent to the structure. I Where base flood elevation data are not provided on the Flood Insurance Study for the Cit base flood elevation data available from a Federal State or other authoritative source shall be used if available. Where base flood elevation data are not available from other authoritative sources applicants for approval of new subdivisions and other pro ased developments includin ro osals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres whichever is the lesser, shall include such data with their permit applications. This data must be approved by the Flood Iain Administrator. E- D. "Basement" means any area of the structure having its floor subg rade (below ground level) on all sides. E. "Channel Migration Area" means the area within the lateral extent of likel stream channel movement due to stream bank destabilization and erosion rap -id stream incision aggradation avulsions and shifts in location of stream channels plus 50 feet. 1. The channel mi ration area shall be the total area occupied by the River Channel the Severe Channel Migration Hazard Area and the Moderate Channel Migration Hazard Area as delineated in the Green River Channel Mi ration Stud published by K-ing County dated December 1993 plus 50 feet. 2. Where more than one channel migration zone has been delineated the floodplain administrator shall use the delineation that has been adopted for other local regulatory purposes. F. "Critical Facility" means a facility necessa to_protect the oublic. health safely and welfare dgfLnA a flood. Critical facilities include but are not limited to schools nursing homesl hospitals', police, fire and emergencv operations installations water and wastewater treatment plants, ectric power stations and installations which produce, use or store hazardous materials or hazardous waste other than consumer products containing hazardous substances or hazardous waste intended for household use). Ordinance No. 5295 March 31, 2010 Page 9 of 44 F -G. "Development" means any manmade change to improved or unimproved real estate in the Re ulatoN Floodplain, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, subdivision of land removal of more than 5% of the g native ve etation on the ro ert or alteration of natural site characteristics. H. "DM Flood roofin means an combination of structural and non structural measures that pLevent flood waters from entering a structure. 1. "Elevation Certificate" means the official form FEMA Form 81-31 used to provide elevation information necessa to ensure compliance with provisions of this ordinance and determine the -_pro er flood insurance premium rate. J. it uivalent Elevation" means having ---similar relationship to ordinaa high water and to the best available 1 0 - ear, 50 -year and 1 00ear water surface profiles. K. "FEMA" means the Federal Emergengy EmergencyMana ement A enc the a enc responsible for administering.the National Flood Insurance Program. L. "Fish and Wildlife Habitat Conservation Area" means lands needed to maintain species in suitable habitats within their natural qeogra hic distribution so that isolated sub o ulations are not created. These areas are designated b the ily ursuant to the Washin ton State Growth Mana ement Act WAC 305--1 90-080 . GM. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. i4N. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 10. "Flood Insurance Study" means the official reporter provided by the Federal Insurance Administration that includes flood profiles, the Flood Onn Insurance Rate Map, and the water surface elevation of the base flood. P. "Flood Protection Elevation ffPELmeans the elevation above the datum of the effective FIRM to which new and substanti-glly im roved structures must be protected from flood dams e. y JQ. "Floodwa " means the channel of a stream �-or other watercourse and — the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The floodwav shall be as delineated on the Flood Insurance Rate Map. Where floodway data are not provided on the Flood Insurance Stud for the City.,floodwav data available from a Federal State or other authoritative source shall be used if available. Inhere floodwa data is not available from another authoritative source applicants for roval of new subdivisions and other roosed develo [Dents (includingro osals for manufactured home oarks. and subdivisionsgreater than 50 lots or 5 acres whichever is the lesser, shall include such data with their permit applications. This data must be approved bv the Floodplain Administrator. This provision, does nota 1 to a Iications for permits for small projects on lar a lots such as constructin a sin le family -home. R "Historic Structure" means a structure that: Ordinance No. 6295 March 31, 2010 Page 10 of 44 1. Is listed on the National Register of Historic Places the Washington Heritage Register, or the Washington Heritage Barn Register, or has been designated a landmark or been issued a Certificate of A ro riateness under the City's Historic Preservation Ordinance. 2. Has been certified to contribute to the historical si nificance of a registered historic district. _ S. "H orheic Zone" means a saturated layer- of rock or sediment beneath and/or adjacent to a stream- channel that contains some proportion of channel water or that has been altered by channel water infiltration. T. Impervious Surface" means a hard surface area which causes water to run off the surface in greater guantities or at an increased rate of flow from the flow resent under natural conditions prior to development. Common impervious surfaces include but are not limited to roof Lops, walkways,patios,- driveways, parking lots or story a areas concrete or as halt paving,ravel roadspacked earthen materials and oiled macadam or other surfaces which similar! im ede the natural infiltration of stormwater. U. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement) measured at the walking surface of the floor. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor; , as long as that �-enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found in 15.55.1ACC . 7A 7). V. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar recreational vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar recreational vehicles. MW. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. X. "Market value" shall mean the current assessed value as established b the most recent tax roll of the Count Assessor in which the property is located. An applicant may, atapplicant's expense, provide an appraisal to determine market value. Y. "Native Vegetation" means plant species. that are indigenous to the community's area and that reasonably could be expected to natural/ occur on the site. Z. "Natural Floodplain Functionsmeans the contribution that a flood Iai " n makes to su ort habitat includin but not limited to P-Loviding flood storage and conveyance, reducjn flood velocities reducin sedimentation filtering nutrients and impurities from runoff rocessin or anic wastes moderatin temperature fluctuations and rovidinq breeding and feeding rounds fora uatic or -riparian species. NAA. "New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. Ordinance No. 5295 March 31, 2010 Page 11 of 44 BB. "Protected Area" means the lands that lie within the boundaries of the floodway,. the riparian habitat zone and the channel migration area. In riverine areas where a floodway has not been designated in accordance with this Chapter, the Protected Area is comprised of those lands that lie within the boundaries of the riparian habitat zone the channel migration area and the SFHA. QCC. "Recreational vehicle" means a vehicle: 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; I Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel, or seasonal use. DD "Regulatoa Floodplain" means the area of the Special Flood Hazard Area and all Protected Areas within the City of Auburn. It also includes newlv designated Special Flood Hazard Areas and Protected Areas that are delineated pursuant to Cit Law. EE. "Riparian" means of adjacent to or livin on the bank of a stream lake and sound or other water body.. FF. "Riparian Habitat Zone" means the water body and adjacent land areas that are likely to support a uatic and riparian habitat as detailed in this chapter. The size and location of the riparian habitat zone is dependent on the type of water body. The riparian habitat zone includes the water body and adjacent lands measured perpendicularly from ordina high water on both sides of the water body: 1. Marine and lake shorelines and Type S streams that are designated "shorelines of the State:" 250 feet. 2. Type F streams fish bearing) streams greater than 5 feet wide and marine shorelines: 200 feet. I Type F streams less than 5 feet wide and lakes: 150 feet. 4. Type N (nonsalmonid-bearing) perennial and seasonal streams with unstable slopes: 225 feet. -- - -.�...___ 5. All other Type N nonsalmon id-bearing) perennial and seasonal streams: 150 feet. In addition the riparian habitat zone ma include additional land areas that the Floodplain Administrator determines are likely to support a uatic and riparian habitat. GG. "Special Flood Hazard Area SFHA " means the land subject to inundation by the base flood. Special Flood Hazard Areas are identified by the Federal Emergency Management A enc in the scientific and en ineerin reports entitled "Flood Insurance Study for King County,Washington and Incor orated Areas" dated April 19 2005 and any revisions thereto and `Flood Insurance Stu.d.y for Pierce County -,-Wash in #on and Unincorporated Areas" dated August 19 1987and any revisions thereto, and designated on associated Flood Insurance Rate Maps with the letters "A" includin AE AO -,-.AH, A1_99. RHH. "Start of construction" includes substantial improvement, and means ..Wactual start of construction, repair, Ordinance No. 5295 March 31, 2010 Page 12 of 44 reconstruction, addition placement or other improvement -lA -WIF h n IRO %A%0% nf the nogrump lit ala} that occurred before the permit's expiration date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement,---the actual start of construction means the first alteration of any wall ceilinq, floor, or other structural art of a buildiM whether or not that alteration affects the external dimensions of the b.u,ilding_ ll. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. JJ. "Substantial Damage: means damage of any ori in sustained by a structure whereby the cost of restoring the structure to its before dams ed condition would a ual or exceed 50 percent of the market value of the structure before the d ama a occu rred . RKK. "Substantial improvement" or "substantially improved" means any repair, reconstruction, addition replacement or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of such structure eI I i f before the "start of construction" of the improvement. This term includes structures that have incurred "substantial dams e " regardless of the actual repair work done. The term does not, however, include either: 1 . Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications %VAflh, 'I r%,W Ih, .,rA=L ... eh I "i that have been identified by---- the local code enforcement official and that are the minimum necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SLL. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. NIM. "Water T in " means a system for classifying water bodies accordin to their size and fish habitat characteristics. The Washin ton -Department of Natural Ordinance No. 6205 March 31, 2010 Page 13 of 44 Resources' Forest Practices Water Typing classification system is herby adopted by reference. The system defines four water types: 1. Type "S" = Shoreline: Streams that are designated "shorelines of the State," including marine shorelines 2. Type "F" = Fish: Streams that are known to be used by fish or meet the physical criteria to be potentially used by fish: 3. Type "N P " = Non -Fish Perennial streams 4. Type "Ns" = Non -Fish Seasonal streams NN. "Zone" means one or more areas delineated on the FIRM. The following zones may be used on the adopted FIRM. The Special Flood Hazard Area is comprised of the A Zone. (a) A: SFHA where no base flood elevation is provided. (bl.._ A#: numbered A Zones (e.g., A7 or A14),SFHA with a base flood elevation. (c) AE: SFHA with a base flood elevation. (d) AO: SFHA subject to inundation by shallow flooding usually resulting from sheet flow on sloping terrain with averse depths between one and three feet. Aver- age flood depths are shown. (e) ^ AH: SFHA subiect to inundation by shallow flooding (usually areas of ponding) with averse depths between one and three feet. Base flood elevations are shown. (D B: the area between the SFHA and the 500W ear flood of the primary source of flooding. It may also be an area with a local shallow flooding problem or an areaprotected by a levee. (g) C: an area of minimal flood hazard as above the 500 -year flood level of the prima source of floodin . B and C Zones may have flooding that does not meet the criteria to be mapped as a Special Flood Hazard Area especially ponding and local drainage problems. (h) D: area of undetermined but possible flood hazard. (i) X: the area outside the mapped SFHA. (i) ___ ____ Shaded X: the same as a Zone B-_,__ above. (Ord. 6161 § 1, 2008; Ord. 4820 § 11 1995; Ord. 4357 § 2(2.1 — 2.17), 1989.) Article Ill. General Provisions 15.58.070 Land to which this chapter applies. This chapter shall apply to the Regulatoa Floodplain all. aa.Fess ^fes i a. I fl^r,rl hnzenwithin the ' u risd iction of the cit See " J Y i the R+. +o F11oe. l rwr oone 7one-City of Auburn Regulatory Floodplain Map on file in the office of the city Clergy. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.1), 1989.) 15 -4. .68.080 Reservedc nAnn; nsir r16 w w +r++ .ract- k1;nk;na tho r e �► �.r w 1M' �r::.; 14 �r rr w r rr r M I finnd hn:rnrd id mfifionhu theme C%ndnernl ImS nf e ♦r w c: rr r W%r w w w w w rr wTh �r r w �r%.44 1 m aw Mr w w e w r w w +�►�111lw1�7�EifL w w w w w► r w w w ordinance No. 6295 March 31, 2010 Page 14 of 44 ! A /R ■ i A /� At • A fAAN * IA A AA 1N A i► r► r r� w r �. .� r+ �► w+ w w w r w ww .w IR A ■ �' 'R NR Iwl ■F '"` INI M lA[ ice. 111 �w iR �.. JI! AM NR ■ M r► 4 . . �. rr r w r .r .. .r .r it r r► r . wr Zrr ♦r �• 111 r<a a s fax r ■ a �• # +� ■ s ,� ■ J w w w �► WIWAw rr w w w w +� w �r INrit V. r► .r w rr w rr wRN ar wr +w A A A► r 111 A A A A k I + A, A w w +r .w R w *r � r. .r r w w w w r wF-A %494 1 'Ord. 6161 § 1, 2008; Ord. 482011 1995; Ord. 4357 § 2(3-2)p 1989.) 15.58.990 Penalties for noncompliance. No e tel- development shall be undertaken without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4502 § 20, 1991; Ord. 4357 § 2(3.3), 1959.) 15.68.100 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.4), 1989.) 15.68.110 Interpretation. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. D. Maps referred to in this Chapter are for reference only, unless specified. If the map does not cifically indicate that it is the primary source of regulation, the text of the applicable Code section shall control over a[ly contra informationprovide on a ma (Ord. 5161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2 (3.5), 1989.) 15.68.120 Warning and disclaimer of liability. The degree of property and habitat protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and g ry engineering considerations. Larger floods and movement of channels outside of map d channel migration areas can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter does not imply that land outside the re ulated areas or development ermitted within such areas will be free from flood or Ordinance No. 5295 March 31, 2010 Page 15 of 44 erosion damage. This chapter shall not create liability on the part of the city, any officer or employee thereof, Jor any damages to property or habitat that results from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.6), 1989.) 15.68.125 A eats. A. The Hearinq Examiner shall hear and decide appeals and re nests for variances from the requirements of this chapter. B. The Hearing Examiner shall hear and decide appeals when it is aIle ed there is an error in any re uirement decision or determination made by the floodplain administrator in the enforcement or administration of this chapter. C. Those agqrieved by the decision of the Hearing Examiner may a eal such decision to the Superior Court. D. ...Upon consideration of the factors of this Chapter and the purposes of this cha ter the Hearin Examiner may attach such conditions to therantin of variances as it deems necessary to further the purposes of. this chapter. Article IV. Administration 15.68.130 Establishment of and requirement to obtain floodplain development permit. A. A Floodplain development permit shall be obtained before construction or development begins within the Regulatory- Floodpl2iLany-aTea--of-speGiat-fk*d-hazafd The permit shall be for all ' . fn:3 M I Ifn at, 1 r- me6 as 6.e.A. f.a....d.h. iong 54% GO, GO IF; SR WO =nd fnr- nil othe-F-d evelopment as defined in this 0159 Uft I I %.A W Ll is %.# I %.As%W%*0 %.4w W'6.0%. 1%W9611 III$ or .. chapter. I MA 16 "1 %�f! ! nnd nf the aFea--un allestuor ztoncl -of! =nnnizind full ! ! y ! an ■ 3 nf nil -c:trl ant B. A develo ment project is not subject to the re uirements of this chapter if it is located on land that can be shown to be 1. Outside the Protected Area and 2. HJAher than the base flood elevation. Ordinance No. 6295 March 31, 2010 Page 16 of 44 The floodplain administrator shall inform the applicant that the prolect may still be subject to the flood insurance urchase re uirements unless the owner receives a Letter of Map Amendment from FEMA. C. Non -Development Activities. Activities that do not meet the definition of "development" in this chapter are allowed in the Regulatory Floodplain without the need for a flood lain development permit under this chapter, provided all other Federal State and local re uirements are met. The following --are examples of activities not considered development or "man-made changes to improved or unimproved real estate." 1. Routine maintenance of landscaping that does not involve gradinq, excavation or fillin 2. Removal of noxious weeds and hazard trees and replacement of non- native ve etation with native vegetation 3. Normal maintenance of structures such as re-roofin and -_replacing siding, as lop as such work does not qualify as a substantial improvement-, 4. Normal maintenance of above ground public utilities and facilities such as replacing downed power lines 5. Normal street and road maintenance including filling potholes,re nqL and installing signs and traffic si mals but not including expansion of paved areas. 6. Normal maintenance of a levee or other flood control facilit rescribed in the o erations and maintenance pjan for the levee or flood control facility; and 7. Plowing and other normal farm practices other than structures or fillip on farms in existence as of the effective date of this ordinance. D. Activities Allowed With a Floodplain Permit. The followin activities are allowed in the Re ulato Floodplain without the analysis re uired in Section 15.68.1600 or the habitat impact assessment re uired under ACD 15.68.130K providing all other re uirements of this ordinance are met including obtaining a floodplain development permit: 1. Repairs or remodeling of an existing structureprovided that the re airs or remodelin are not a substantial improvement or a re air of substantial dams e. Provided further, that no habitat impact assessment shall be required if the re air or remodel does not ex and the existing- uild-ing envelope. 2. Ex ansion of an existing structure that is no greater than ten percent be and its existinq footprint, provided that the repairs or remodeling are not a substantial im rovement or a re air of substantial dam a e. This measurement is counted cumulative) from the effective date of this ordinance. If the structure is in the floodwav, there shall be no change in the dimensions er end icu lar to flow. 3. Activities with the sole -purpose of creating, restoring or enhancing natural functions associated with floodplain streams lakes estuaries marine area habitat and ri adan areas that meet Federal and State standardsprovided the activities do not include structures radia fill or impervious surfaces. 4. Development of open space and recreational facilities such as parks trails and huntin rounds that do not include structures radia fill impervious surfaces or removal of more than 5% of the native vegetation on that ortion of the property in the Re Mato Flood Iain. E. Other Activities Ordinance No. 6295 March 31, 2010 Page 17 of 44 All other activities not listed in 15.68.130C or D are allowed, as long as they meet all the other requirements of this ordinance including the analysis required in Section 15 68 160 and the habitat impact assessment and any mitigation required under Section 15 68 135K and Section 16 58 135E and a floodplain development permit is issued. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.1), 1989.) 15.58.135 Flood lain Development Permit Application. A lication for a flood Iain development permit shall be made on forms furnished by. -the floodplain administrator and shall include but not be limited to A. One or more site cans drawn to scale showin 1. The natureJocation,.dimensions and elevations of the properly in guestion1 2. Names and location of all lakes water bodies waterways and drains - e facilities within 300 feet of the site 3. The elevations of the 10- 50-100 and 500- ear floods where the data are available. Additionally, foLproperty located within the SFHA base flood elevations for shall be included as re uired in ACC 15.58.050. B.3 4. The boundaries of the Roulato'ryFloodplain, SFHA floodway, riparian habitat zone and channel mi ration area delineated in accordance with this chapter 5. The proposed drainage s stem includin but not limited to storm sewers overland flow paths,.detention facilities and roads 5. Existing and proposed structures fillpavement and other impervious surfaces and sites for storage of materials 7. All wetlands, 8. Desi Hated fish and wildlife habitat conservation areas and 9. Existinq native vegetation and oropossed reve etation see ACC 15.68.161 D). B If the proposed project involves regrading excavation or filling, the site plan shall include proposed post -development terrain at one foot contour intervals. C If the proposed project includes a new structure substantial improvement, or repairs to a substantially damaged structure that will be elevated the application shall include the FPE for the building site and the proposed elevations of the following: 1 The top of bottom floor (including basement crawlspace or enclosure floor 2 The toe of the next higher floor 3 The to of the slab of an attached garage 4 The lowest elevation of machinery or equipment servicing the structure 5 The lowest adjacent (finished) grade next to structure 6 The highest adjacent (finished) grade next to structure 7 The lowest adjacent grade at the lowest elevation of a deck or stairs, including structural support D If the proposed project includes a new structure substantial improvement, or repairs to a substantially damaged nonresidential structure that will be dry Ordinance No. 5295 March 31, 2010 Page 18 of 44 floodproofed, the application shall include the FPE for the building site and the elevation in relation to the datum of the effective FIRM to which the structure will be d flood roofed and a certification by a re istered professional en ineer or licensed architect that the d floodproofing methods meet the floodproofinq criteria in this chapter. E. The application shall include a description of the extent to which a stream lake or other water body, includin its shoreline will be altered or relocated as a result of the proposed development. F. The application shall include documentation that the applicant will a l for all necessapermits re uired by Federal State or local law. The application shall include acknowledgment that the applicant understands that the final certificate of occ-upancy will be issued only if the applicantprovides co ies of the re uired Federal State and local permits or letters stating that a permit is not re uired. G. The application shall include acknowledgment by the applicant that representatives of an Federal State or local unit of government with re ulato authority over the prooect are authorized to enter upon the propedy to inspect the development. H. The riparian habitat zone shall be delineated on the site plan by the applicant at the time of ap lication for sub -division approval or floodplain development permit for all development proposals within 300 feet of any stream or shoreline. 1. If the project is located in the Re ulato Floodplain and includes activities not listed in ACC 15.881300 and D the application shall include a Habitat Impact Assessment. If that Assessment determines that impacts would result from the project, the application shall also include a Habitat Mitigation Plan. J. Habitat Impact Assessment Unless allowed under ACC 15.88.130C or D an application to develop in the Regulatoa Floodplain shall include an assessment of the imp -act --of the Project on water gualitv and a vatic and riparian habitat. The assessment shall be: 1. A Biological Evaluation or Biological- Assessment that has received concurrence from the US Fish and Wildlife Service or the National Marine Fisheries ServiceLpursuant to Section 7 of the Endangered Species Act; or 2. Documentation that the activity --fits within a Habitat Conservation Plan approved pursuant to Section 70 of the Endangered Species Act; or 3. Documentation that the activity fits within Section 4(d) of the Endangered Species Act; or 4. An assessment prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation FEMA Region X, 2010. The assessment shall determine if the project would adversely affect: (a) The primary constituent elements identified when a species is listed as threatened or endangered, (b) Essential Fish Habitat designated by the National Marine Fisheries Service, (c) Fish and wildlife habitat conservation areas, (d) Vegetation communities and habitat structures, (e) Water quality, Ordinance No. 6295 March 31, 2010 Page 19 of 44 (D Water guantity, including flood and low flow depths, volumes and velocities, (g) The channel's natural lanform pattern and mi ration rocesses (h) Spawning substrate, if applicable, and/or (i) Floodplain refugia,-if applicable. K. Habitat Mitigation Plan 1. If the assessment conducted under ACC 15.08.135J concludes the Projec, is expected to have an adverse effect on water guality and/oraquatic or riparian habitat or habitat functions, the applicant shall provide a plan to mitigate those,., impacts, ---in accordance with Begional Guidance for Floodplain Habitat Assessment and Miti ation FEMA Region X, 2010. (a) For ro+ects or those portions of a project located within the Re ulato Floodplain but outside of the Protected Area the mitigation plan shall include such avoidance minimization, restoration or compensation measures as area r0 riate to rr iti ate the adverse effects of the -pro t%' (b) For ro'ects or those. ---portions of a ro'ect located within the Protected Area the proiect shall be revised to include such appropriate measures as are needed to ensure that there is no adverse effect due to the project. Minimization measures are not allowed in the Protected Area unless they.,in combination with other measures result in no adverse effect. 2. Theplan's habitat mitigation activities shall be incorporated into the proposed proiect. The floodplain development permit shall be based on the redesigned project and its mitigation components. L. Third -Part Review. For the habitat impact assessment re uired in ACC 15.68-135(K) or the habitat mitigation plan re uired in ACC 15.08.135(_L)__,___the Cit ma re uire third -party review when the professional opinions of the app Iicant's representative and the Cit 's reviewers cannot be reconciled. Third -party review reuires the ... licant's habitat im act assessment habitat mitigation plan, and/or additional technical studies to be reviewed bv an independent third art aid for by the applicant but hired by the City. Third- art review shall be conducted by a gualified consultant as defined in the Floodplain Habitat Assessment and Mitigation Regional Guidance FEMA Re ion &__2010. 15.08.130 Floodplain Development Permit Expiration, If there has been no start of construction, a floodplain development permit shall ex ire 180 days after the date of issuance. Where the applicant documents a need for an extension beyond this eriod due to conditions beyond theapplicant's control the flood Iain administrator may authorize one or more extensions. 15.08.140 Designation of the Flood lain Administrator.2 2 NOTE: The City Code Section 15.68.140, entitled Designation of the city of Auburn engineering division, was repealed by Ord. 6161. (See also Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.2), 1989.) Ordinance No. 0295 March 31, 2010 Page 20 of 44 The Director of the plannincand development department, or the Director's designee, is hereby appointed to administer and implement this Chapter by -granting by-grantingor denjing floodplain development permit applications in accordance with its-jprovisions. 15 68 141 Duties of the Floodplain Administrator. Duties of the floodplain administrator shall include, but not be limited to: A Review all floodplain development permits to determine that the permit requirements of this ordinance have been satisfied. B Review all floodplain development permits to determine that all necessary permits have been obtained from those Federal State or local governmental agencies from which prior approval is required including those local State or Federal permits that may be required to assure compliance with the Endangered Species Act and/or other appropriate State or Federal laws. C Review all floodplain development permits to determine if the proposed development is located in the Protected Area. If located in the Protected Area, ensure that the applicable provisions of this chapter are met. D Ensure that all development activities within the Regulatory Floodplain of the City meet the requirements of this ordinance. E Inspect all development projects before during and after construction to ensure compliance with all provisions of this ordinance including proper elevation of the structure. F Maintain for public inspection all records pertaining to the provisions of this chapter• G Submit reports as required for the National Flood Insurance Program. H Notify FEMA of any proposed amendments to this ordinance. 1. Cooperate with State and Federal agencies to improve flood and other technical data and notify FEMA of any new data that would revise the FIRM. J Make interpretations where needed as to the exact location of the boundaries of the Regulatory Floodplain the SFHA and the Protected Area (e.g., where there appears to be a conflict between the mapped SFHA boundary and actual field conditions as determined by the base flood elevation and ground elevations). 15.68.158 Duties and responsibilities of the.., ublic works department. Duties of the public_orks department regarding flood hazard areas shall include, but not be limited to: A. Permit Review. 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; 3. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of ADD 15.681600 are met. Ordinance No. 6295 March 31, 2010 Page 21 of 44 B. Use of other Base Flood Data. When base flood elevation data has not been provided in accordance with ACC 15.68. 060B, the city engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to administer A CGO CQF 11 5; . 60 8 . IN 7 0 ( A I/ Na Ing this chapter. C. Information to Be Obtained and Maintained. 1. Where base flood elevation data has not otherwise been is --provided in accordance with this chapterA� ts WRiI%prwsnR, obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; This information shall be recorded on a current FEMA Elevation Certificate FEMA Form 81-31 si ned and sealed by a professional land surveyor, currently licensed in the State of Washin ton. 2. For all new or substantially improved floodproofed structures: tal Verify and record the actual elevation (in relation to mean sea level), and bj Maintain the floodproofing certifications required in A�� �.��. B WTn r❑�r�� , this chapter. 3. Maintain for public inspection all records pertaining to the provisions of this chapter. This information shall be recorded on a current FEMA Floodproofing Certificate (FEMA Form 81-65),rofessional en ineer currently licensed in the State of Washin tan. D. Alteration of Watercourses. 1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished. If the maintenance program does not call for cutting of native tation the system shall be oversized at the time of construction to compensate for said vegetation growth or an other natural factor that may need future maintenance. E. Interpretation of FIRM Boundaries. Make interpretations where needed as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. F. Appeals of determinations made pursuant to this chapter shall be filed with the city's public works director within 20 working days after the final city engineer decision is issued. The public works director shall have 15 working days to review the appeal, determine whether to uphold of modify the city engineer's decision, and notify the applicant of such determination. The decision of the public works director shall be final. The city engineer's and director's decision shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). (Ord. 6182 § 4, 2008; Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.3), 1989.) Ordinance No. 6295 March 31, 2010 Page 22 of 44 15.68.151 Duties and responsibilities of the _planning and development de artment. Duties of the Gub, h! l"clin n diums;ons planningand develo ment department shall 9 A..T 140 %00 a a %A 9 1 1 ZI %W4 I V I W It include, but not be limited to: A. Permit Review. 1. Review all building -related development permits to determine that the permit requirements of this chapter have been satisfied including building, addition and alteration permits; 2. Review all building -related development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; and 3. Review all building -related projects to determine that the procedures for building projects within a special flood hazard area have been applied. B. Information to be obtained and Maintained. 1. Where base flood elevation data is provided through the Flood Insurance Study or required as in ACC 15.68.150(B) obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures: Jal Verify and record the actual elevation (in relation to mean sea level); and JbI Maintain the floodproofing certifications required in this chapter; 3. Maintain for public inspection all building -related records pertaining to the provisions of this chapter. (Ord. 5161 § 1, 2008.) Article V. Provisions for Flood Hazard Protection 15.68.160 Gng e I- E3' ..Standards of the ' public works de artment. A. Utilities. 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. 3. on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. All new streets shall be designed to ensure the lowest finished surface elevation is a minimum of one foot higher than the adjacent 100 -year flood elevation. 5. All new develop -meat shall be desi ned and located to minimize the impact on flood flows flood storage, water qualitv, and habitat. a` Stormwater and drains a features shall incorporate low impact development techni ues that mimic re-develo ment h drolo is conditions such as Ordinance No. 6295 March 31, 2010 Page 23 of 44 stormwater infiltration rain gardens grass swales filter strips, disconnected impervious areas permeable pavement and vegetative roof systems. (b)If the proposed project will create new impervious surfaces so that more than 10 percent of the portion of the lot in the Regulatory Floodplain is covered by impervious surface the applicant shall demonstrate that there will be no net increase in the rate and volume of the stormwater surface runoff that leaves the site or that the adverse effect is mitigated as required in ACC 15.68.135(J) and ACC 15.68.135(K). 6 The site plan required in this chapter shall account for surface drainage to ensure that: La . Existing and new buildings on the site will be protected from stormwater runoff and (b) The project will not divert or increase surface water runoff onto neighboring properties. 7. Utilities Water wells shall be located outside the floodwav and shall be protected to the FPE. B. Subdivision Proposals. 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer:gas, electrical, and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. r C. Floodway_Standards 1. In addition to the other re uirements of this ordinance a proiect to develo in the floodwa as delineated Pursuant to this Chapter shall meet the following criteria: (a) The apl2licant shall provide a certification bv a registered rofessional en ineer demonstratinq throw h h drolo is and h draulic analyses performed in accordance with standard en ineerin ractice that the proposed develo ment would not result in any increase in flood levels during the occurrence of the base flood discharge. _ (b) Construction or reconstruction of residential structures is prohibited within desi nated floodwa s except for the followin . The following -exceptions must still meet all other re uirements in the ordinance. i Re airs reconstruction or im rovements to a residential structure which do not increase the round floor area., providinq the cost of which does not exceed 50 percent of the market value of the structure either, a before the re air, or reconstruction is startedor Lb) if the structure has been dams ed and �s bein restored before the damage occurred. An ro'ect for imp rovement of a structure to correct existinq violations of State or local health sanity, or safety codes ecifications Ordinance No. 5295 March 31, 2010 Page 24 of 44 which have been identified by a local code enforcement official and which are the minimum necessa to assure safe livingconditions or to an historic structure ma be excluded from the 50 percent calculations. (ii)Repairs, replacement, reconstruction or improvements to existin farmhouses located in designated floodways and located on designated agricultural lands that do not increase the building's totals uare footage of encroachment and are consistent with all requirements of WAC. 173-158-075. (iii)Repairs, replacement, -reconstruction or improvements to substantial) damaged residential dwellings other than farmhouses that do not increase the building's totals uare footage- of encroachment and are consistent with all re uirements of WAC 173-158-07� or (1v) Repairs, reconstruction, or improvements to residential structures identified as historic structures that do not increase the buildin 's dimensions. 2. In riverine Special Flood Hazard Areas where a floodway has not been delineated pursuant to this chapter, the applicant fora project to develop in the SFHA shall provide a certification by--a.--registered rofessional engineer demonstrating throucih hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development and all other past or future similar developments would not cumulatively result in an increase of flood levels durin the occurrence of the base flood d ischar e by more than one foot. (Ord. 6151 § 1, 2008; Ord. 4820 § 11 1995; Ord. 4357 § 2(5.1), 1989.) r'onornl cinneinuiQ Standards of the ��h of a1_�h�_�rn---h�����nn d6v*Q; 15.68.161 planning and development department. In all areas of special flood hazard the following standards are required: A. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. 2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -tap or frame ties to ground anchors. This requirement is in addition to other anchorin.q_.recluirements for resisting wind forces. (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques.) B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source Ordinance No. 5295 March 31, 2010 Page 25 of 44 "' , applications for building permits shall be reviewed to assure that W %.P A I %-#rproposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. D. Native Vegetation The site plan re uired for development in the re ulato floodplain shall show existin native vegetation. 1. In the riparian habitat zone native ve etation shall be left undisturbed exce t if in connection with an activity allowed in the Regulatory Floodplain without a perm -it, and except for activities with the sole ur ose of creating,restoring or enhancin natural functions associated with floodplains streams lakes estuaries marine areas habitat and riparian areas that meet Federal and State standardsprovided the activities do not include structures, grading, fill or impervious surfaces. 2. outside the ri arian habitat zone removal of native vegetation shall not exceed 35 ercent of the surface area of the portion of the site in the Re ulata Floodplain.-- Native vegetation in the riparian habitat zone portion of the property can be counted toward this requirement. 3. If the proposed proigct does not meet the criteria of this chapter, a habitat im act assessment shall be conducted pursuant to ACC 15.68.135K and if indicated b that assessment a habitat miti ation Ian shall be prepared and im lemented pursuant to ACC 15.68.135L. (Ord. 6161 § 1, 2008.) 15.68.170 Additional standards of the Planning and develo ment de artment. In all areas of special flood hazard where base flood elevation data is provided as set forth in this chapter, the following provisions are require : A. Residential Construction. 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation. Enclosed crawl space areas no taller than three feet, measured from the lowestg round within the crawl space to the bottom of the structural system directly supporting the floor slab or sheathing above, shall not be considered as a basement. pp g 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic and hydrodynamic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting requirement uirement must either be certified by a registered professional q engineer or architect or must meet or exceed the following minimum criteria: JalA minimum of two openings having a total net area of not less than one eve square inch for square foot of enclosed area subject to flooding shall be provided; q every JbIThe bottom of all openings shall be no higher than one foot above grade; JcJ openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. 3. The structure shall be ail ned arallel with the direction of flood flows. Ordinance No. 6295 March 31, 2010 Page 26 of 44 4. The structure shall be anchored to prevent flotation colla se or lateral movement of the structure. 5. All materials below the FPE shall be resistant to flood damage and firm/ anchored to prevent flotation. Materials harmful to a uatic wildlife such as creosote are prohibited below the FPE. 8. Electrical heating, ventilation duct workplumbing, and air-conditionin e ui ment and other service facilities shall be elevated above the FPE. Water sewage, electrical and other utilily lines below the FPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of floodin . 7. Fully enclosed areas below the lowest floor that are subject to flooding are rohibited Provided that those areas may be used only for parking, storage, orbuildin access and only if the are designed to automatically a ualize hydrostatic flood forces on exterior walls by allowing for the ent and exit of floodwaters. Designs for meetin this re uirement shall either be certified -_by a registered professional engineer or licensed architect or meet or exceed the following minimum criteria: a. A minimum of two openings havin a total net area of not less than one s ware inch for eveMscluare foot of enclosed area subject to flooding shall be provided. b. The bottom of all o enin s shall be no higher than one foot above grade. C. Openings may be egui-ppgd with screens louvers or other coverings-- or devices provided that they-ermit the automatic ent and exit of floodwaters. B. Nonresidential Construction. New construction and substantial improvement to any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation. ef-; As an alternative to elevation a new or substantial improvement to a nonresidential structure and its attendant utility and sanitary facilities, may bed floodproofed in A Zones. Thero'ect shall meet the following re uirements: 1. Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of - resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3.' Be certified by a registered professional engineer or a registered professional architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in ACC 15.58.150(C)(2); 4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section; 5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to one foot above the base flood level will be rated as one foot below that level). C. Manufactured Homes. All manufactured homes to be placed or substantially improved within zones Al -30, AH, and AE shall be elevated on a Ordinance No. 5295 March 31, 2010 Page 27 of 44 permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system. D. Recreational Vehicles. Recreational vehicles placed on sites are required to either: 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or 3. Meet the requirements of subsection C of this section and the elevation and anchoring requirements for manufactured homes. E. Hazardous Materials. No new development shall create a threat to public healthpublic safely, or water guality. Chemicals,__explosives., qasoline, propane, buo ant materials animal wastes fertilizers flammable li uids ollutants or other materials that are hazardous toxic or a threat to water ualit are rohibited from the Re ulato Floodplain. This prohibition does not apply to small guantities of these materials kept for normal household use or to materials kept in app -roved containers above the FPE or in a d flood roofed non-residential buildin . - F. Small Structures. A low cost buildin such as a detached are e boathouseole barn yr storage shed that is no larger than 500 s ware feet and is not used for human habitation may be exempt from the elevation re uirement of this chapter...rovided: 1. It is used only -for parking or store e' 2. It is constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters 3. It is anchored to revent flotation which ma result in dams a to other structures 4. Allortions of the structure below the FPE must be constructed of flood - resistant materia 5. Service utilities such as electrical and heating-- a ui ment meet the standards of this cha ter• 6. It has o enin s to allow free flowage of water that meet the criteria of this chapter 7. The proiect meets all the other re uirements of this chapter. C. Location of structures. Structures and other development shall be located to avoid flood dams e. 1. if a lot has a buildable site out of the ReqglatoDL Floodplain, all new structures shall be located in that area. 2. If a lot does not have a buildable site out of the RegulatoDt Flood lain all new structures avement and other development must be sited in the location that has the least impact on habitat by locating the structures as far from the water body as possible or gLacinq the structures on the ANhest land on the lot. H. Critical Facilities. 1. Construction of new critical facilities shall be to the extent ossible located outside the limits of the RegulatM Floodplain. Ordinance No. 6295 March 31, 2010 Page 28 of 44 2 Construction of new critical facilities shall be permissible if no feasible alternative site is available, provided (a) Critical facilities shall have the lowest floor elevated three feet above the base flood elevation or to the height of the 500 -year flood whichever is higher. If there is no available data on the 500 -year flood the permit applicants shall develop the needed data in accordance with FEMA mapping guidelines. fib) Access to and from the critical facility shall be protected to the elevation of the 500 -year flood. (Ord. 6161 § 1, 2008; Ord. 4820 § 11 1995; Ord. 4357 § 2(5.2)1 1989.) 15.58.180 Floodways and Community AcKnowieagement or r CnnH iviap Amendments. CIRD We . . W %A TV is aR eutramply hazarcious area d i aFeaeu, 4.11.e.6; gnu R ated as flone"Aln"S Rinnim thin- finnChAtAll Y Ua J1_ IMPIS It %A y r • ■ r • ■ ■ A. , ivemeRtss, UAl INA %.F%l Iwo V%^%0 CZ o gas W16.46,41 ■ nnnQ CjpQ*CjMV1h=C1 flMnHWAVC exG,.,nt fnr- I I � tj;Unfinn r immmyementr. An -a 1. sw 1 i r %.f I a I F I �, V L%j w■ Q a MI 1 nil fleer aFea- aR cl (!2) nn -of • r at1 1hcinntani It • %0 %A awe %.f I 1 46. 1 1%^ K I gvemen, S# 11owl 11hogol WWI I IrlY TV 1%9 1 10A I I r r I 1 1%0%01% 140 1 1%.ff ow,41 1 1%0 1 ■ &-r r Notwithstanding any other provision of this chapter, the city may permit encroachments within the adopted regulatory floodway upon receipt of approval of the Federal Insurance Administrator and completion of the conditions of this section. 1. Prior to a developer being authorized to encroach upon the adopted regulatory floodwa to an extent which will cause base flood elevation increases in � � Y excess of thosep ermitted in subsection A of this section, the developer shall provide, for city review and submission to the Federal Insurance Administrator, the following: a. A request for conditional approval of map change and the appropriate initial fee as specified by Section 72.3 of 44 CFR Ch. I Federal Emergency Agency Management A or a request for exemption from fees as specified by Section 72.5 g g Y Ordinance No. 0295 March 31, 2010 Page 29 of 44 of 44 CFR Ch. I Federal Emergency Management Agency. Sections 72.3 and 72.5 of 44 CFR Ch. I Federal Emergency Management Agency are herein adopted by reference in their entirety including any future amendments thereto; b. An evaluation of alternatives which would not result in a base flood elevation increase above that permitted under subsection A of this section demonstrating why these alternatives are not feasible; C. Documentation of individual legal notice to all impacted property owners within and outside of the community, explaining the impact of the proposed action on their property; d. Written concurrence of the chief executive officer of any other communities impacted by the proposed actions; e. Written certification that no structures are located in areas which would be impacted by the increased base flood elevation; f. A request for revision of base flood elevation determination according to the provisions of Section 65.5 of 44 CFR Ch. I Federal Emergency Management Agency. Section 65.5 of 44 CFR Ch. I Federal Emergency Management Agency is herein adopted by reference in its entirety; g. A request for floodway revision in accordance with the provisions of Section 65.7 of 44 CFR Ch. I Federal Emergency Management Agency. Section 65.7 of 44 CFR Ch. I Federal Emergency Management Agency is herein adopted by reference in its entirety. B. Ci!y review of char es to flood hazard data. 1. All re nests to revise or change the flood hazard data-,L---including reguests for a Letter of Map Revision and a conditional Letter of Map Revision shall be reviewed by the floodplain administrator. (a). The floodplain administrator shall not sin the Communit Acknowledgement Form for any re uests based on filling or other develo ment unless the applicant for the letter documents that such filling or development is in compliance with this ordinance. (bJ_. The floodplain administrator shall nota rove a reguest to revise or chane a floodway delineation until FEMA has issued a Conditional Letter of Ma Revision that approves the change. Upon receipt of the Federal Insurance Administrator's conditional Up approval i!;� of map change a and prior to the approval of the proposed encroachments, the developer shall compensate the city for all costs incurred by the city which are associated with.. 1 The city's adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition; . I Q The city's submittal of evidence to the Federal Insurance Administrator of y the city's adoption of said revised floodplain management ordinances. 3. Within three months of completion of the proposed encroachments, the developer shall be responsible for providing certified record drawings and/or technical or scientific data to the city for submittal to the Federal Insurance Administrator. 2. If an applicant disagrees with the re ulato data prescribed bv this ordinance he/she mav submit a detailed technical studv needed to replace existi[ig Ordinance No. 6295 March 31, 2010 Page 30 of 44 data with better data in accordance with FEMA mapping uidelines or Regi - onal Guidance for Hydrologic and Hydraulic Studies FEMA Region X 2910. If the data in uestion are shown on the published FIRM the submittal must also include a reguest to FEMA for a Conditional Letter of Map Revision. 3. All new hydrologic and hydraulic flood studies conducted pursuant to this ch pter�shall consider future conditions and the cumulative effects from anticipated future land use changes in accordance with Regional Guidance for H drolo is and Hydraulic Studies FEMA Region X 2010. If there is an study in existence on the date this provision becomes effective that meets the rest of this chapter's criteria it may be used even if it does not account for future conditions. (Ord. 6151 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.3), 1989.) 15.58.190 Developments within areas of special flood hazard Notwithstanding any other provision of this chapter, the city may permit developments within aFnar, of special flood hazard areas. Prior to approval for a development which will increase the water surface elevation of the base flood by more than one foot, a developer must comply with the requirements set forth in ACC 15.68.180( A). (Ord. 5151 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.4), 1989.) 15.58.200 Compensatory storage rgirements. A. Development proposals shall not reduce the effective flood storage volume at base flood elevation. Where fill, grading or other activities that may displace the effective base flood storage volume are proposed, compensatory storage shall be required. Compensatory storage shall: 1. Provide equivalent volume at equivalent elevations to that being displaced; 2. Hydraulically connect to the source of the flooding; 3. Provide compensatory storage in the same construction season as when the displacement of flood storage volume occurs. Allowances may be granted on a case-by- case basis to allow sequential construction if the. timing of the work cannot meet wintertime/flood construction schedules; and 4. Occur on site or, if approved by the city engineer, at a hydraulically connected off-site location. 5. Provide documentation of a restrictive easement acceptable to the engineering division to ensure continued existence of the compensatory flood storage. 5 The newly created storage area shall be graded and vegetated to allow fish access durin flood events without creating fish strand in sites. B. Certification by a registered professional engineer may be required as documentation that the compensatory storage requirement shall be met by the development proposal. (Ord. 6151 § 1, 2008.) Section 3. Amendment to City Code. Section 15.10.010 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance No. 0295 March 31, 2010 Page 31 of 44 1 6.10.01 g Purpose and intent. A. The city of Auburn contains numerous areas that can be identified and characterized as critical or environmentally sensitive. Such areas within the city include wetlands, streams, wildlife habitat, significant trees, geologic hazards, ground water protection areas, and flood hazards. B. The city finds that these critical areas perform a variety of valuable and beneficial biological and physical functions that benefit the city and its residents. Alteration of certain critical areas may also pose a threat to public safety or to public and private property or the environment. The city therefore finds that identification, regulation and protection of critical areas are necessary to protect the public health, safety and general welfare. The city further finds that the functions of critical areas and the purpose of these regulations include the following: 1. Wetlands. Wetlands perform a variety of functions that include maintaining water quality; storing and conveying storm water and flood water; recharging ground water; providing important fish and wildlife habitat; and serve as areas for recreation, education and scientific study, and aesthetic appreciation. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; and protect wetland resources from harmful intrusion. The primary goals of wetland regulation are to avoid adverse effects to wetlands ; to achieve no net loss of wetland function and value — acreage may also be considered in achieving the overall goal; to provide levels of protection that reflect the sensitivity of individual wetlands and the intensity of proposed land uses; and to restore and/or enhance existing wetlands, where possible. 2. Streams. Streams and their associated riparian corridors provide important fish and wildlife habitat; help to maintain water quality; store and convey storm water and flood water; recharge ground water; and serve as areas for recreation, education and scientific study and aesthetic appreciation. Stream buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; and protect stream resources from harmful intrusion. The primary goals of stream regulation are to avoid adverse effects to streams and associated riparian corridors; to achieve no net loss of functions and values of the larger ecosystem in which the stream is located; to protect fish and wildlife resources; to protect water quality through appropriate management techniques; and, where possible, to provide for stream enhancement and rehabilitation. I Wildlife Habitat. Wildlife habitat provides opportunities for food, cover, nesting, breeding and movement for fish and wildlife; maintains and promotes diversity of species and habitat; coordinates habitat protection with elements of the open space system; helps to maintain air and water quality; helps control erosion; serves as areas for recreation, education, scientific study, and aesthetic appreciation; and provides neighborhood separation and visual diversity within urban areas. The primary goals of wildlife habitat regulation are to avoid adverse effects AS.-to critical habitats for fish and wildlife; to achieve no net loss of functions and Ordinance No. 6235 March 31, 2010 Page 32 of 44 values of the larger ecosystem in which the wildlife habitat is located; to implement the goals of the Endangered Species Act; to promote connectivity between habitat areas to allow for wildlife movement; to provide multi-purpose open space corridors; and where possible to provide for fish and wildlife habitat enhancement and rehabilitation that reflect the sensitivity of the species. 4. Ground Water Protection Areas. Ground water protection areas provide a source of potable water and contribute to stream discharge/flow. Such areas contribute to the recharge of aquifers, springs and/or wells and are susceptible to contamination of water supplies through infiltration of pollutants through the soil. The primary goals of ground water protection regulations are to protect ground water quality by maintaining the quantity of recharge; avoiding or limiting land use activities that pose potential risk of aquifer contamination; and to minimize or avoid adverse effects* to ground water protection areas through the application of performance standards, and to comply with the requirements of the Federal Safe Drinking Water Act and Washington Administrative Code that require Group A public water systems to develop and implement a wellhead protection program. 5. Geologic Hazard Areas. Geologic hazard areas include lands or areas characterized by geologic, hydrologic and topographic conditions that render them susceptible to varying degrees of risk of landslides, erosion, seismic or volcanic activity. The primary goals of regulating geologic hazards are to avoid and minimize potential impacts to life and property by regulating and/or limiting land uses where necessary, and to conduct appropriate levels of analysis and ensure sound engineering and construction practices to address identified hazards. 6. Flood Hazard Areas. Floodplains help to store and convey storm water and flood water; recharge ground water; provide important areas for riparian habitat; and serve as areas for recreation, education, and scientific study. Development within floodplain areas can be hazardous to those inhabiting such development, and to those living upstream and downstream. Floods also cause substantial damage to public and private property that results in significant costs to the public and individuals. The primary goals of flood hazard regulations are to limit or condition development within Invonr flnndnl n„ -R_ e u l atary Floodplain to avoid substantia! .,. risk of damage to public and private property and that results in significant costs to the public and individuals; to avoid significant mmnlannantincreases in peak storm water flows or loss of flood storage capacity; nndthia C% nntrnlPI:Zn ff end WWWIIhen adW r,nnfad to protect critical habitat for fish and wildlife and to 0rWfI%I%.fI 4a meet the purposes set forth in Chapter 15.68 of the Auburn City Code. Re uirements for the identification assessment alteration and mitigation of flood hazard areas are contained in Chapter 15.68 ACC. C. This chapter of the Auburn City Code and other sections as incorporated by reference contain standards, procedures, criteria and requirements intended to identify, analyze, and mitigate potential impacts to the city's critical areas, and to enhance and restore degraded resources where possible. The general intent of these regulations is to avoid impacts to critical areas. In appropriate circumstances, impacts to specified critical areas resulting from regulated activities may be minimized, rectified, reduced and/or compensated for, consistent with the requirements of this chapter. Ordinance No. 6295 March 31, 2010 Page 33 of 44 D. It is the further intent of this chapter to: 1. Comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and implement rules to identify and protect critical areas and to perform the review of development regulations required by RCW 36.70A.215; 2. Develop and implement a comprehensive, balanced and fair regulatory program that avoids impacts to critical resources where possible, that requires that mitigation be performed by those affecting critical areas, and that thereby protects the public from injury, loss of life, property or financial losses due to flooding, erosion, landslide, seismic events, soil subsidence, or steep slope failure; 3. Implement the goals and policies of the Auburn comprehensive plan, including those pertaining to natural features and environmental protection, as well as goals relating to land use, housing, economic development, transportation, and adequate public facilities; 4. Serve as a basis for exercise of the city's substantive authority under the State Environmental Policy Act (SEPA) and the city's environmental review procedures, where necessary to supplement these regulations, while also reducing the city's reliance on project -level SEPA review; 5. Provide consistent standards, criteria and procedures that will enable the cityto effective! manage and protect critical areas while accommodating the rights of Y property owners to use their property in a reasonable manner; 6. Provide greater certainty to property owners regarding uses and activities that are permitted, prohibited, and/or regulated due to the presence of critical areas; 7. Coordinate environmental review and permitting of proposals involving critical areas with existing development review and approval processes to avoid duplication and delay pursuant to the Regulatory Reform Act, Chapter 36.70B RCW; S. Establish conservation and protection measures for threatened and endangered fish species in compliance with the requirements of the Endangered Species Act and the Growth Management Act requirements to preserve or enhance anadromous fisheries, WAC 365-195-925; 9. Alert members of the public, including appraisers, assessors, owners, potential buyers or lessees, to the development limitations of critical areas and their required buffers. E. Best Available Science. The city has considered and included the best available science in developing these regulations, consistent with RCW 36.70A.172 and WAC 365-195-900, et seq . This has been achieved through research and identification of relevant technical sources of information, consultation with experts in the disciplines covered by this chapter, and consultation and requests for technical information regarding best available science from state and federal resource agencies. Preparation of this chapter has included the use of relevant nonscientific p information, including consideration of legal, social, policy, economic, and land use issues. This reflects the city's responsibilities under numerous laws and programs, including other provisions of the Growth Management Act, and the need to weigh and balance various factors as part of decision making to accomplish municipal objectives. may result in some risk to the functions and values of some critical areas. The city . Y will also use its authority under the State Environmental Policy Act (SEPA) to identify, Ordinance No. 6295 March 31, 2010 Page 34 of 44 consider and mitigate, where appropriate, significant adverse effects on critical resources not otherwise addressed by the regulations of this chapter. The city intends to review and monitor implementation of its critical areas regulations and to use an adaptive management approach. It will make adjustments to the regulations, as appropriate, in response to changing conditions, new information about best available science, or empirical data indicating the effectiveness of its regulatory program. This will occur in the context of the city's ongoing review and revision of its comprehensive plan and development regulations pursuant to the Growth Management Act. Additional information, both scientific and nonscientific, regarding compliance with WAC 365-195-915(c), including identification of risks to resources, is contained in the findings and conclusions and the overall record supporting adoption of Auburn's critical areas regulations. (Ord. 5894 § 1, 2005.) Section 4, Amendment to Ci!y code. Section 16.10,070 of the Auburn i City Code be and the same hereby is amended to read as follows: 16.10.070 critical area review process and application requirements. A. Pre -Application Conference. A pre -application conference is available and encouraged prior to submitting an application for a project permit. B. Application Requirements. 1. Timing of Submittals. Concurrent with submittal of a State Environmental Policy Act (SEPA) checklist, or concurrent with submittal of an application for projects exempt from SEPA, a critical area report must be submitted to the city for review when the city believes that a critical area may be present. The purpose of the report is to determine the extent, characteristics and functions of any critical areas located on or potentially affected by activities on a site where regulated activities are proposed. The report will also be used by the city to determine the appropriate critical area classification and, if applicable, to establish appropriate buffer requirements. 2. Report Contents. Reports and studies required to be submitted by this chapter shall contain, at a minimum, the information indicated in the provisions of this chapter applicable to each critical area. The director may tailor the information required to reflect the complexity of the proposal and the sensitivity of critical areas that may potentially be present. C. consultant Qualifications and City Review, All reports and studies required of the applicant by this section shall be prepared by a qualified consultant as that term is defined in these regulations. The city may retain a qualified consultant paid for by the applicant to review and confirm the applicant's reports, studies and plans if the following circumstances exist: 1. The city has technical information that is unavailable to the applicant; or 2. The applicant has provided inaccurate or incomplete information on previous proposals or proposals currently under consideration. D. Review Process. This section is not intended to create a separate critical area review permit for development proposals. To the extent possible, the city shall Ordinance No. 6295 March 31, 2010 Page 35 of 44 consolidate and integrate the review and processing of critical area -related aspects of proposals with other land use and environmental considerations and approvals. Any permits required by separate codes or regulations, such as flood plain development • zone rUen '. permits or shoreline substantial development permits, shall continue to be required. (Ord. 5594 § 1, 2005.) Section 5. Amendment to Cily Code. Section 17.04.300 of the Auburn City Code be and the same hereby is amended to read as follows: 17.04.300 Regulatory floodway. "Regulatory floodway" means, .the channel of a stream or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulativei increasingthe water surface elevation more than one foot at anv _point. Section S. Amendment to Cit Code. Section 17.09.050 of the Auburn City Code be and the same hereby is amended to read as follows: 17.09.050 Development requirements. A. Lot Area and Dimensions. Each lot created by short subdivision shall contain sufficient square footage and lot dimensions to meet the requirements of ACC Title 18. Each lot to be served by an on-site sewage disposal system shall be a minimum of 15,000 square feet in area and shall also meet the minimum lot area requirements of the county department of health rules and regulations. Land contained q in access easements, tracts or panhandles shall not be included in lot area or lot dimension calculations for the purposes of this section. B. Every lot within a short subdivision shall be capable of being reasonably served bYpublic or private sewage disposal, water, storm drainage facilities and streets. The city will notapprove a short subdivision for which a building permit cannot be issued because of insufficient infrastructure. C. Conformance with Adopted Plans. Street, water, sewer and storm g drains a facilities adjacent to or within the short subdivision shall be in conformance with adopted city ordinances, standards and policies. Easements for utilities recommended by such plans shall be provided to the city, with the exact location of such easements to be determined by the city engineer. D. Floods, Flood Control and Storm Drainage. 1. Where any portion of the proposed short subdivision lies within an area of special flood hazard or regulatory floodway, conformance with adopted city flood hazard p g area ordinances, standards and policies shall be required. Ordinance No. 0295 March 31, 2010 Page 36 of 44 2. A conceptual storm drainage/site grading plan shall be required to be submitted, as part of the short subdivision application, unless waived by the city engineer. 3. The pro osed subdivision should have one or more new lots in the Re ulato Floodplain-set aside fora ens ace use through deed restriction easement subdivision covenant or donation to a public agency. The density of the development in the portion of the development outside the Re ulato Floodplain may be increased in accordance with applicable land use and subdivision regulations. . 4. If a parcel has a buildable site outside the Re ulato Floodplain, it shall not be subdivided to create a new lot,--tract or parcel within a bindln site Ian that does not have a buildable site outside the Re ulato Flood Iain. This provision does not apply to lots set aside from development and preserved as open sace. E. Adjacent Streets. When any public street lying adjacent to the property being short subdivided has insufficient width or for any other reason does not conform to minimum street standards, in accordance with the city design and construction standards, sufficient additional right-of-way shall be dedicated to the city and appropriate improvements shall be made by the subdivider to conform the abutting half of the street to such standards consistent with Chapter 12.84A ACC. Deferral of such improvement requirements shall be in conformance with the city of Auburn design and construction standards. F. Access. 1. All short subdivisions shall border on an opened, constructed and maintained public street. All lots within a short subdivision shall either border on an opened, constructed and maintained public street or shall be served by a private street, access easement, tract or panhandle having direct access to such a public street. Where private streets and access easements are provided, they shall be improved or guaranteed to the city of Auburn and be in conformance with the city of Auburn design and construction standards. 2. All private streets, access easements and panhandles shall be capable of meeting the fire access requirements of Chapter 15.38A ACC and the development standards of chapters 17.14 and 18.31 ACC, in addition to any other requirements of this title, including, but not limited to, an adequate surface for access and minimum turnaround requirements on dead-end streets or access easements as specified by the fire department. 3. All proposals shall ensure that all buildable lots shall have at least one access road connected to land outside the Re ulato Floodplain with the surface of the road at or above the FPE. G. Dedication of Streets. Dedication of a public street or streets may be required, whenever the city engineer finds that one or more of the following conditions applies: 1. The general alignment of a proposed private street, access easement or panhandle follows the general alignment of a future arterial as shown in the comprehensive plan; or Ordinance No. 6295 March 31, 2919 Page 37 of 44 2. The general alignment of a proposed private street, access easement or panhandle can be _reasonably modified to provide a desirable through -connection between two or more existing or planned public streets or arterials; or 3. A public street would be necessary to provide adequate access to adjacent property not subject to the proposed short subdivision. H. Fire Hydrants. All lots within a short subdivision shall be capable of being served by a fire hydrant as required by Chapter 13.15 ACC. Property zoned RC, residential conservancy, may be exempt, provided the requirements of ACC 13.15.030 are met. 1. The final recorded subdivision plat shall include a notice that pprt of the propertv is in the SFHA riparian habitat zone and/or channel rni ration area as appropriate. (Ord. 5239 § 1, 2009; Ord. 5185 § 12, 2008; Ord. 5005 § 3, 2005. Formerly 17.14.055) Section 7. Amendment to Citycode. Section 17.14.110 of the Auburn City Code be and the same hereby is amended to read as follows: 17.14.110 Floods and flood control. The city may disapprove a proposed subdivision because of flood, inundation or swamp condition if the city finds that such condition poses a threat to the public health, safety or general welfare or causes a public nuisance. Where any portion of the proposed subdivision lies within the aresW1 %11%ftf ^f ���^��' f1�n Regulatory Floodplain, the hearing examiner shall impose a condition on therelimina plat requiring the subdivider to conform to the city's h:z7nrd area p ry p q g Flood Iain Develo ment requirements as set forth in Cha ter 15.58 of the %.As %WfAuburn City Code. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until said flood hazard area regulations have been met. The city may require dedication of land to any public body and/or the construction of improvements and may impose other conditions necessary to protect against flooding or inundation. Section 8. New Section to CityC,vde. Section 17.04.305 of the Auburn City Code be and the same hereby is created to read as follows: 17.04.305 Regulatory Floodplain. "Regulatory Floodplain" means the area of the Special Flood Hazard Area and all Protected Areas within the City of Auburn. It also includes newly designated Special Flood Hazard Areas and Protected Areas that are delineated pursuant to City Ordinance. Ordinance No. 6295 March 31, 2010 Page 38 of 44 Section 9. New Section to City Code. Section 17.04.335 of the Auburn City Code be and the same hereby is created to read as follows: 17.04.335 Special Flood Hazard Area. "S ecial Flood Hazard Area -IS -FHA) " means the land subject to inundation b the base flood. Special Flood Hazard Areas are identified by the Federal Ener enc Management Agency in the scientific and engineering re orts entitled "Flood Insurance Stud for King -County, Washington and Incorporated Areas" dated April 19 2005 and anv revisions thereto and "Flood Insurance Study for Pierce County,Washin ton and Unincorporated Areas" dated 'August 19 1937 and an revisions thereto and de§ nated on associated Flood Insurance Rate Maps with the letters "A" including AE ACS AH Al -99, Section 10. New Section to Cit code. A New Section 18.70.025 of the Auburn City Code be and the same hereby is created to read as follows: 18.70.025 Variances in Regulatory Floodplains A. Subject to conditions, safeguards and procedures provided by this section, the hearing examiner may be empowered to hear and decide applications for variances from the terms of chapter 15.68; provided the hearing examiner may approve a variance only if the request conforms to all of the criteria in ACC 18.70.025.B. In reviewing applications for a variance, the Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: 1. The danger to life and property due to flooding or erosion damage; 2. The danger that materials may be swept onto other lands to the injury of others; 3. The safety of access to the property in times of flood for ordinary and emergency vehicles; 4. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 5. The susceptibility of the proposed facility and its contents to flood or erosion damage and the effect of such damage on the individual owner; 6. The availability of alternative locations for the proposed use which are not subject to flooding or channel migration and are not in designated fish and wildlife habitat conservation areas; 7. The relationship of the proposed use to the comprehensive plan, growth management regulations, and floodplain management program for that area; Ordinance No. 6295 March 31, 2010 Page 39 of 44 8. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; 9. The potential of the proposed development project to destroy or adversely affec!n4edwify a fish and wildlife habitat conservation area; and 10. The potential of the proposed development project to affect, or be affected by, channel migration; and 11. Shall not result in a violation of this ordinance. 12. Must be compliant with the Endangered Species Act. B. The examiner must enter findings of fact and conclusions of law which support the following criteria and any conditions. No variance shall be granted to the requirements of Chapter 15.68 ACC unless the applicant demonstrates that: 1. The development project cannot be located outside the Regulatory Floodplain; 2. An exceptional hardship would result if the variance were not granted; 3. The relief requested is the minimum necessary; 4. The applicant's circumstances are unique and do not represent a problem faced by other area properties; 5. If the project is within a designated floodway, no increase in flood levels during the base flood discharge would result; 6. The project will not adversely affect fish or other wildlife habitat; If the issue is not specific to the property, but is a problem faced by other properties, the remedy should be a revision to the ordinance rather than a variance. 7. There will be no additional threat to public health, safety, beneficial stream or water uses and functions, or creation of a nuisance; 8. There will be no additional public expense for flood protection, lost environmental functions, rescue or relief operations, policing, or repairs to streambeds, shorelines, banks, roads, utilities, or other public facilities; and 9. All requirements of other permitting agencies will still be met. C. Variances requested in connection with restoration of a historic site, building or structure may be granted using criteria more permissive than the above requirements, provided: 1. The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the site, building or structure; and 2. The repair or rehabilitation will not result in the site, building or structure losing its historic designation. D. Variances to the provisions of ACC 15.68.161 and 15.68.170 may be issued for a structure on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the FPE, providing the other variance criteria are met. The applicant for such a variance shall be notified, in writing, that the structure (i) will be subject to increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the FPE increases risks to life and property. Such notification shall be maintained with a record of all variance actions. Ordinance No. 6295 March 31, 2616 Page 40 of 44 E. Variances pertain to a physical piece of property. They are not personal in nature and are not based on the inhabitants or their health, economic, or financial circumstances. Section 11. Repeal of Section of Citycode. Section 17.04.045 of the Auburn City Code (Definitions -Area of special flood hazard.) is repealed in its entirety. TEXT OF REPEALED SECTION 1 7.04.045 Area of special flood hazard. "Area of special flood hazard" means the land within the floodplain in a community subject to a one percent or greater chance of flooding in any given year, as indicated in the Flood Insurance Rate Map (FIRM) program entitled Flood Boundary and Floodway Map. (Ord. 0239 § 1, 2009.) Section 12. Incorporation of Guidelines. The "Floodplain Habitat Assessment and Mitigation Regional Guidance", developed by the Federal Emergency Management Agency drafted and dated January 2010, and any subsequent amendments or versions promulgated by the Federal Emergency Management Agency, and the "Regional Guidance for Hydrologic and Hydraulic Studies, developed by the Federal Emergency Management Agency drafted and dated January 2010, and any subsequent amendments or versions promulgated by the Federal Emergency Management Agency shall be on file with the City Clerk, and incorporated herein by this reference, for use in connection herewith. Section 13. Ministerial corrections. The Code Reviser is authorized and directed to change all references to "Flood Control Zone Permits" in the Auburn City Code to "Floodplain Development Permit." Section 14. Repeal of Moratorium. The moratorium on the filing, receipt, and approval of applications for development in the floodplain created by Resolution Ordinance No. 6295 March 31, 2010 Page 41 of 44 4416 and extended by Resolutions 4442, 4476, and 4535 is hereby terminated as of the effective date of this ordinance. Section 15. Fee schedule. amended to include the following fees: The City of Auburn Fee Schedule shall be Planning department Fees Floodplain development permit (when other City of Auburn development permits required) ............................................................................................................. $0 Floodplain development permit (stand alone permit; no other City of Auburn development permits required) ................................................................... $50.00 Habitat Impact Assessment Report Review Fee (stand alone submittal)... $250.00 Habitat Mitigation Plan Review Fee (stand alone submittal) ......................$250.00 Combined Habitat Impact Assessment /Mitigation Plan Review Fee......... $500.00 and shall be further amended to delete the following fee: Public Works Department Fees 6. Flood Control Zone Permit: (Per Ordinance No. 5819) Basepermit fee.......................................................................................... . . $50.00 The City Clerk is authorized to insert amend the City of Auburn Fee Schedule consistent with this section without any further action by the City Council. Section 16.Implementation. The Mayor is hereby authorized to implement -X� - such administrative procedures as may be necessary to carry out the directions of this legislation. This authority specifically includes making non -substantive changes to the municipal code sections amended in this ordinance in order to comply with the direction of the federal agencies reviewing this ordinance. Department staff shall notify applicants Ordinance No. 6295 March 31, 2610 Page 42 of 44 in writing that their permit application is being reviewed and, if appropriate, approved under interim regulations that are subject to final approval by the Federal Agencies. Therefore, any approved permit conditions may be modified by the City based on direction to do so by the Federal agencies. Section 17. Severability. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 18. Effective date. This Ordinance shall take effect and be in force as interim regulations five days from and after its passage, approval and publication as provided by law. If the City receives approval of the ordinance from the federal agencies, provisions herein shall automatically be effective as permanent regulations, with the effective date the same as the effective date of the interim regulations. INTRODUCED: APR 5, 2010 PASSED: APPROVED: APR 5 2010 APR 5 2010 CCI BURN PETER B. LEWIS MAYOR Ordinance No. 6295 March 31, 2010 Page 43 of 44 ATTEST: Danielle E. Daskam, City Clerk APPROVF.V AS TO FORM: 1c, /a Daniel B. Heid, City Attorn Published: APR 8 2010 Ordinance No. 6295 March 31, 2010 Page 44 of 44 Draft City of Auburn Regulatory Floodplain rf- Regional Guidance for Floodplain Habitat Assessment and Mitigation Produced by FEMA -Region 10 January 2010 FEMA Region 10 For additional information or copies of this guidance: Federal Emergency Management Agency Attn: Mitigation Division Federal Regional Center, Region 10 130 228th St. SW Bothell, WA 98021-9790 (425) 487-4500 www. fe ma . go vlregionxln fip esa . sh tm Contents Introduction............................................................................................................. 1 Background......................................................................................................... 1 Step 2. Describe the Project.&6 ------------------ 2.1. Background Research 2.2. Protected Species Identifi ......................................... 8 ................................. 8 --- . Site nvstin: ........ to . 2.4. Ha stat'Narrative ....: ....... . ............... 1.... • a.. 0 . 0 .. 4 . 0 0 0 ........ . . .. ................... . . . ...... . 2.5 . Habitat Area Map.................................................................................. 12 Ste robe the Pro a .......... 0 0 0 0 . r ............ 6 ..... 0.6.0 0 0.0.0.0 ... • • • 6 .. 0.0 0 0 0 0.0 ... . . 13 S p J :. 1. Final' roj e ct ......:...:.. ................................................................... . 13 .2. Construction Process.................................................................................. 14 ... ......... . .... ..... 3. Protection Measures................................................................................... 14 ........... .............. .............. .......... ........ ............... Step 4. Assess the Impact.,.................................................................................... 15 4.1. Types f Impacts....................................................................................... 15 . . 17 4.2. Report orm:at.:.................................................................................... 4.3. Effects Determination................................................................................ 17 4.4. Assessment Report..................................................................................... 18 Habitat Assessment and Mitigation — i --- January 2010 Preparing the Mitigation Plan............................................................................... 18 Step 5. Review Mitigation Alternatives (Mitigation Sequencing) ........................ 19 5.1. Avoidance.................................................................................................. 19 5.2. Minimization .............................................................................................. 20 5.3. Restoration................................................................................................. 20 5.4. Compensation .......►.................................................................................... 21 Habitat Assessment and Mitigation — ii — January 2010 Acknowledgements This guidance document was developed by Region X of the Federal Emergency Management Agency, as part of its continuing effort to improve floodplain management practices and assist communities in meeting the requirements of the Endangered Species Act. It was prepared with the advice and assistance of a special advisory committee that included representatives from: — City of Auburn — City of Carnation — City of Everett — Island County — Jefferson County — King County — City of Lacey This document was drafted by French & Associates, Ltd., Steilacoom, ESA Adolfson, Seattle, and PBS&J, Seattle, through an arrangement with the Insurance Services office and the Community Rating System. Habitat Assessment and Mitigation — iii — January 2010 Habitat Assessment and Mitigation — iv — January 2010 Introduction Background This Regional Guidance is written for communities in the Puget Sound Basin. It will assist them in meeting the requirements and criteria of the Endangered Species Act (ESA) as clarified in the Biological Opinion issued by the National Marine Fisheries Service (NMFS) on September 22, 2048. This Regional Guidance is intended for environmental planners, wildlife, floodplain, stream, and wetland scientists, and other qualified habitat professionals. This document is designed to support the NFIP-ESA Model Ord0. inance, which was also prepared by FEMA Region X. The Model Ordinance includes a Big.! al Opinion Checklist which provides a summa of what is required of communities "the dan erect Species Act. For p i"Y q ..... y g p further details on the Biological Opinion's requirements, see the Model Ordinance Introduction section and the Biolo g p pp ical O inion text in A e..... rd of the Model ordinance. Communities have thea tion of adopting the N el Ordinance or ensuringthat their existing p p g g Opinion's re W ' -: ents.. e tions in the Madel Ordinance are regulations fulfill all the BiologicalOp q 'en der match '"re ements with the ical referenced in this guidance to help the reader q --------------------- g Opinion and NFIP regulations. Additional: references inc10 luded in this assessment are listed at the end of the document. . This guidance was re aced. with technical input font local engineers, natural resources n 1 representing both scientists and lannersIt is desi ned to assist ualife habitat r`e'ssio a s, p g q p and ermit officials to ensure that new development will not adversely affect permit applicantsp p y .s n 0 dprone areas including those habitat of protected -threatened and endan especie ied areas associated with stream,,:. a .4:;1arine water bodies. . . address 1 sted salmonidspecies and Southern Resident Although the Biologi.eal Opinion add - killer whales, the Model ordinance a.d this gu�d 6 were developed to address potential impacts to .all ESA listed species. The Regulatory Floodplain is comprised of the SFHA and the Protected Areas, where: • The SFHA is the area subject to flooding by the base flood (as determined and mapped for each community by FEMA within flood insurance studies and accompanying Flood Insurance Rate Maps (FIRMS)); and Habitat Assessment and Mitigation — 1 — January 2010 • The Protected Area is comprised of those lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration area. An example of hove the Regulatory Floodplain, SFHA, and Protected Area interrelate is shown on the next page. A community's ordinance may use a different term to delineate the same or a larger area in order to reach the same objective of addressing adverse effects to aquatic and riparian habitat in the most sensitive areas. However, as these terms are used throughout this guidance, please refer to the full definitions included in Sections 2 and 3 of the Model ordinance in order to ensure full consistency with the Biological opinion. A fourth term is also used throughout this document. In Sectir�.2, the Model ordinance defines "development" as any man-made change to improved or unimproved real estate, inclua;ng but not limited to buildings or other r g structures mining, dredging, filling, grading; paving, excavat;n or drilling operations, storage of equipment or materials, subdivision ;ref la, removal of mor 5% of the native ........... ............ .. . vegetation on the property, or alteration of nat oral characteristics. When to Conduct a Habitat Assessment Whenever a development project is proposed in the Regulatory Floodplain, the property owner must obtain a floodplain development permit from:the communit(Section 4.1 . Certain t es of ytypes projects can be permitted relatively quickly _(see "Allowed Activities" onpp . 4 p g a e Applicants for ) projects that are not listed as exempt from eonductin a habitat assessment by the community's ty floodplain managementrdinariec must ass ethe rrnpa�et of the proposed development on flo 1------ o d n and ha i g b tat. An adverse impact on floodin is rented through h the ordinance requirements far g g q a floodway or encroachment analysis (Section 7.5) ............... ni horn ensato storage Section 7.6). The impact. of a project on habitat is ore complicated because there is often little or no information on the site's natural feature:nd different ro ects will have different impacts. p J p Therefore a habitat assessment is needed t identify those features and determine how the proposed prof ec will affect them (Section 7.7 in the Model Ordinance). There are only two circumstances where a habitat assessment would not be required: 1. Projects that are listed as exempt from conducting a habitat assessment in the community's floodplain management ordinance; and 2. Projects that have undergone Section 7 consultation under the Endangered Species Act (ESA) in order to obtain a federal permit. It should be noted that projects requiring a federal permit under Section 404 of the Clean Water Act would likely need a consultation process through the U.S. Army Corps of Engineers Regula- tory Branch. The Section 404 permit process includes consultation with the US Fish and Wildlife Service (USFWS), and/or NMFS. Such consultation is required as required under Section 7 of the ESA. Habitat Assessment and Mitigation —2— January 2010 This graphic shows the relative locations of the floodway, riparian habitat zone, and the channel migration area, the determinants of the Protected Area. The Regulatory Floodplain includes all of the SFHA and all of the Protected Area. Enforcing the ordinance throughout the Regulatory Floodplain is needed to comply with the Endangered Species Act. A community can receive CRS credit if the Regulatory Floodplain extends beyond the SFHA. Source: Pierce County, 2007, GeoEngineers, 2005; USDA, 2006 (Air Photo) Habitat Assesstnent and Mitigation — 3 - January 2010 If a permit applicant has prepared a Biological Evaluation or a Biological Assessment and has received concurrence from USFwS or NMF S, the project is deemed to comply with the ESA. In such cases, the additional habitat assessment requirements of this guidance are not required (see Section 7.7.A of the Model Ordinance). Once it is determined .that a habitat assessment is needed, a step by step assessment process is recommended in this guidance. This process is summarized in the flow chart on the fallowing page. Steps 1 — 4 comprise the basic habitat assessment. If the assessment finds an adverse effect, then the permit applicant must prepare a plan that identifies steps the permit applicant will take to mitigate that....i. ' act(Section 7.8 in the Model g p Ordinance and Steps 5 — 6 in this document) and must imk nt the mitigation plan. g It is recommended that applicants start with concep tual `evelop rent plans and conduct a preliminary impact assessment before they invest in:. detailed praj ed fans and ecificatians. p p Continued communication with community staff will also hel ident roblems and solutions p gyp. before too much time and/or money is spent oa a praj ect that may require additional mitigation g measures. A permit applicant should weigh the cost of preparing the assessment and the mit mitigationplan, g should one be needed, against the cast of locating the project outside the Regulatory Floodplain g ry p It may cost less in time and money to sirxply avo1d the SFHA and the Protected Area. Allowed Activities A habitat assessment is not needed lit is not r` tired for certain iv*ties, t es, ass ecified b the y community's floodplain r a.rlag emeiit ordinance...{The Madel Ordinance in Sections 7.1 and 7.2, . . identifies two es of activzt es that aEeeed out the habitat a . 'p p assessment. The reader must the f the c rr r un ty's flood. manage .. ..rt rdinance because it may have a sli htl .......... g �' .. .. ........... different list. Section 7.2 of the Model Ordinance lists other activities which are allowed in the Regulatory Floodplain without the floodway analysis or the habitat impact assessment required under Sections 7.5 and 7.7, providing they meet all the community's other requirements and a floodplain development permit is issued. Again, the Model Ordinance's list is not included here, because the community's list may be different and takes precedence. Habitat Assessment and Mitigation —4— January 2014 ts I.- A the une projectin RegulWed Floodplain 9. NO Has a Biological Evaluation been prepared for the project and have,NMFS and/or USFWS detennined concurrence with the project under Section 7 of the ESA? ;YES NO Is the development project an allowed activity? ............. Conduct the Assessment ..... . -\4k Step 1: Deserke the Project Area NO Step 2. Describe the Habitat Step 3- Describe the Project Step 4-. Assess the I rn pact Will the P Oct cause r0i e an adverse impact? Prepare the.0figation Plan YES NO \14 Step 5: Review Mitigation Alternatives Step 6: Prepare the Mitigation Plan Redesign the project ........... . to incorporate the plan's mitigation measures y Is the plan acceptable? YES NO Redesign the project or the mitigation measures Habitat Assessment Flow Chart Proceed with the project, getting all required permits Habitat Assessment and Mitigation —5 — January 2010 Conducting the Assessment The following steps should be taken to adequately identify and address the impacts a proposed project may have on habitat within the Regulatory Floodplain. In circumstances where an approved habitat assessment (Steps 1 through 4) determines that no impacts to habitats associated with ESA listed species will occur, development of a mitigation plan is not necessary. However, for any activity requiring a habitat assessment within the Regulatory Floodplain, it is highly likely that impacts to habitats associated with ESA listed species will occur. When habitat impacts are identified, a mitigation plan must be prepared for the project, in accordance with Steps 5 and 6. Step 1. Describe the Project Area The project area is generally the parcel being develd ; ed. In some..cases s the project ma extend .:::. �y to a larger area such as when a road to the arce be buil g p t or Improved. Step 1 should produce two documents: 1.1. Project Area Description o Township, section, and range o Latitude and longitude o Tax parcel number(s) of the project location o Type of ownership of the project (Federal, State, or locally owned public lands; tribal lands; privately owned lands) --- Water resource information : o Watershed name o Water resource inventory area (WRIA). Information on Puget Sound basin WRIAs can be found at the Washington State Department of Ecology's watershed planning webpage (http://www.ecy-wa.gov/watershed/index.html) and mapping webpage (http://www.ecy-wa-gov/services/gis/maps/wria/wria.htm) Habitat Assessment and Mitigation —6— January 2010 All water bodies Site topography, soils and geology -- Fish and wildlife Habitat Conservation Areas — Existing native vegetation by vegetation community zones. For example, a map could distinguish areas with existing coniferous forest cover vs. areas with existing shrub cover vs. areas with existing meadow cover. — Boundaries of the following regulatory areas (see Section 3 of the Model Ordinance) o Special Flood Hazard Area o Floodway Habitat Assessment and Mitigation —7— January 2010 o Riparian habitat zone o Channel migration area -- Depths of the 10 and 1 00 -year floods at representative locations. This need only be provided where flood data are available from existing studies or the community. Step 2. Describe the Project Area's Habitat — Washington State Department of Ecology Water Quality Assessment (www.ecy-wa.gov/programs/wq/303d/2008/index.html) Habitat Assessment and Mitigation —8— January 2010 2.2. Protected Species Identification The review of the existing research should identify all federally -listed species and designated critical habitats, Essential Fish Habitat (EFH, defined by the Magnuson -Stevens Fishery Conservation and Management Act) and affected EFH species, and Fish and wildlife Habitat Conservation Areas in, overlapping, or within 200 feet of the project site. The table below is an example of how this information could be presented. Chinook Salmon Bun l rout I cone emus Existing documents can be referenced, where appropriate. Sources of existing species status information include current NMFS Status Reviews, EFH information, current NMFS and USFWS recovery plans, and Washington State Department of Fish and Wildlife management recommendations (see the References section for links to these information sources). Another source is the locally developed best available science documentation reports, which are required to be prepared by each Puget Sound community for their critical areas standards under the Growth Management Act. Habitat Assessment and Mitigation —9— January 2010 The Corps of Engineers' ESA Consultation .initiation Template and NMFS' Consultation Initiation Template and User's Guide provide similar guidance. This section's narrative could follow the format and guidance provided in Section III.B Description of Species in these Templates. Both the Corps and DMFS use the following outline: i. Biological requirements 11. Factors of decline a. Historical pressures on the species b. Current pressures on the species c. Limiting factors for recovery of the species iii. Local empirical information (if available) a. Current local population information b. Ongoing monitoring programs (if any) c. Population trend of the species Following the description of the protected species, there should be a summary of the habitat needs for each species. This section :Of the narrative needs to identify and describe' the key factors that are important for the protected' species. These should include the primary constituent elements identified in the final rules that list threatened and. endangered species. Primary constituent elements are the;: key habitat components required for. an ESA listed species; as identified in the final critical habitat rules and published 1n the -Federal Register for `Iste species (see example in the box). 2.3. Site Investigation Example Primary Constituent Elements (Chinook salmon and steelhead trout, 50 CFR Part 226, Federal Register 1 Vol. 70, No. 170 I Friday, September 2, 2005) 1. Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation and larval development. 2. Freshwater rearing sites with water quantity and floodplain connectivity 3. Freshwater migration corridors free of obstruction 4. Estuarine areas free of obstruction 5. Nearshore marine areas free of obstruction 6. Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Tasks 2.1. and give the applicant guidance on where to look and what to look for regarding species potentially. `resent at the site. Following completion of the first arts of Ste 2, a site .. p p visit is needed to determine if there are habitat areas with which identified species have a "primary association". "Habitats of primary association" include critical components of the habitats which, if altered, may reduce the likelihood that the listed species will maintain and reproduce over the long term. A site visit and determination of site-specific conditions is necessary to determine what actual impacts to ESA listed species, EFH, and associated habitats may occur. Habitats of primary association include, but are not limited to, winter ranges, migration ranges and corridors, breeding sites, nesting sites, regular large concentrations, communal roosts, roosting sites, staging areas, and foraging areas. This process must identify those areas discussed in Step 2.2 as being primary constituent elements for each ESA listed species within theJro'ect p area. For example, identification of Chinook salmon habitat areas of primary association should Habitat Assessment and Mitigation _10— January 2010 look for those constituent elements listed in the box above. This field work must include adjacent lands and waters, upstream and downstream of the site. The description of the project area habitat and conditions should also identify existing modifications to the project site within the Regulatory Floodplain, including existing structures, roads, impervious areas and graded or filled areas. Any existing modification that is impairing habitats of primary association and habitat functions identified and described in the next section should be described. Including activities to restore habitat in these modified areas could help the assessment conclude that there will be no adverse effects to habitat due to the project (see also Task 3.3 of Step 3). The Washington Department of Fish and Wildlife's Management Recommendations for ..... . .. ..Washington's Priority Habitats: Riparian (see References and Resources section of this guidance) describes common land uses and modifications that impair riparian habitats. The References section lists guidance materials relate... ..d to other common floodplain and aquatic .... .. habitat types. 2.4, Habitat Narrative The findings of the field investigation are used to prepare. a description of the habitat areas of primary association that will need to be protected. The narrative for this part of the assessment report needs to describe the presence and quality of the natural features that relate to the primary constituent elements for all:: species and habitat areas identified in Tasks 2.2 and 2.3. As described in the final p. .. ... ab of Task 2.2 primary constituent elements are the key habitat components re uired f'a.n ESA I�sted s eco as Identified �n the final rules and published �n p q .................. .................... . listed. the Federal Register whey s ecies a st g p It is oss�b e that th.. ........... .ere may....e limited rmatiort ava�la e from the sources identified in Tasks p 2.1 and 2 2 The habtt'at narrative.. should nc � Wye re this occurs and clarifywhere statements are .. f he co inion o t r based o n theprofessional re h a. e b based tea ientif�c reports and data and whe ey p author. A. The primary constituent elements. These are identified in the final rules that designated critical habitat for listed threatened and endangered species (see the NMFS and USFWS critical habitat map links within the References and Resources section to access final rules for ESA listed species). For example, for an inland site with Chinook salmon habitat (see box, previous page), the first three sections of the habitat narrative would cover freshwater spawning sites, freshwater rearing sites, and freshwater migration corridors. Habitat Assessment and Mitigation — 11 — January 2010 B. Water quality. Discussion of existing water quality should identify water quality levels within project area water bodies and compare existing levels to state standards. The standards for freshwater surface water quality in Washington State are set by WAC 173- 201 aand are detailed by the Department of Ecology (www.ecy.wa.gov/ programs/wq/swgs/criteria.html). Information in Washington State's Water Quality Assessment (303(d)) should be supplemented with any known site specific information (information on 303(d) is found at www.ecy.wa.gov/Programs/wq/303d/index.html). Local and county environmental managers or land use planners should be contacted to assist in identifying relevant water quality information. F. Floodplain refugia (onlyneeded for ESA listed fish species) 2.5. Habitat Area Map Once all habitat areas of primary association are identified and described, they should be delineated on a map. The map should be to the same scale as the project area map (Task 1. to . facilitate comparison of the habitat to be protected with the extent of the RegulatoryFloodplain, p ' the Protected Area, the riparian habitat zone, and other relevant features, such as watercourses and wetlands. Habitat Assessment and Mitigation —12— January 2010 Step 3. Describe the Project There are two key parts of the project that need to be described at this stage of the assessment report: the final project, i.e., what the area will look like and how it will be used when the project is completed, and the construction process that will be followed to get there. The final project should be covered first. Measures taken by the developer to prevent or minimize damage to the habitat areas should also be included and highlighted. Above and underground utilities Water supply Wastewater disposal — Stormwater management facilities --- Non-native landscaping Habitat Assessment and Mitigation -- 13 — January 2010 The level of detail for these descriptions may be generalized for those features located outside the identified habitat areas. The features need to be shown on one or more maps that will facilitate relating the project to the project area map (Task 1.2) and the habitat area map (Task 2.5). There should also be a description of: -- The ongoing activities that will be conducted at the site There are several Federal} State, and local regulatory requirements for developments to include measures that minimize their impact on the environment. others may be initiated by the permit applicant. These should be described here. They could include: --- Preserving a setback area from any disturbances -- Drainage/erosion control plan during construction — Post -construction stormwaterldrainage plan — Use of low impact development techniques (which may eliminate or reduce runoff from areas to be developed) Habitat Assessment and Mitigation –14– January 2010 Actions to implement wetland mitigation plans Compensatory storage provisions to replace lost floodplain storage' Those protection measures that benefit the construction process, such as a sedimentation basin, should be included in the construction process timeline. Step 4. Assess the Impact The impact assessment must analyze the direct and indirect effects of the action on the aquatic, riparian, and floodplain habitat areas identified in Step 2, as well.as effects of future actions reasonably certain to occur. Primary factors to be considered the assessment of impacts include: Proximity of the action to identified h; --- Distribution, timing, and nature of the — Duration -- Disturbance frequency, intensity, and 41.Types o f Impacts acts Direct impar a proj ect may have on a habitat area include, but are not limited to: Permanent clearing and grading of any habitat area; — Temporary clean-rng and grading of any habitat area during construction; -- Permanent structuress pavements, etc., constructed within or placed within a habitat area; 1 Compensatory floodplain storage requirements are included in Section 7.6 of the Model Ordinance. This section requires that compensatory storage areas must be graded and vegetated to allow fish passage during flood events without creating fish stranding sites. Areas of compensatory flood storage should be designed to create floodplain habitat whenever feasible. Compensatory storage should not be used in areas prone to avulsions because lowering floodplain elevations or digging pits in these areas may increase the probability of an avulsion. Habitat Assessment and Mitigation — 15— January 2010 — Modification of a stream channel or side channel including bank stabilization measures and removal or changes to large woody debris (other than stream restoration efforts); and -- Diversion of water that will change the hydrology of the area Indirect effects: Indirect effects are also caused by or result from the proposed action, however they are likely to occur later in time. They may occur outside of the area directly affected by the action. Indirect impacts include, but are not limited to: Habitat Assessment and Mitigation —16— January 2010 4.2. Report Format The outline below is a variation on the NMFS and Corps guidance in Section V. Effects of the Action in their Consultation Initiation Templates. A. Direct effects 4.3. Effects Determination NMFS, USFWS, and the Corps use the following effects determination criteria: — No Effect (NE)-. the project has no effect whatsoever to the listed species or designated critical habitat. 2 Primary constituent elements are key habitat components for ESA listed species as specified in the Federal Register at the time of critical habitat designation for listed species. See the discussion on page 10 of this guidance for further information. Habitat Assessment and Mitigation — 17— January 2010 May Affect, Not Likely to Adversely Affect (NLAA): the effects to the listed species or designated critical habitat are insignificant and/or discountable. A determination of NLAA would be made for those activities that have only a beneficial effect with no short or long-term adverse effects. — Likely to Adversely Affect (LAA): the effects of the project will result in a short -or long-term adverse effects on the identified species or designated habitat area. If the effects determination is NLAA, the report should indicate what minimization and conservation measures would help eliminate or minimize the impact. For example, the permit applicant could time certain construction work to occur when the .species are not present in the project area. If such measures do not eliminate the potential 44v . effect(s), then mitigation g measures will be needed in the mitigation plan (steps 5�- 4.4. Assessment Report If the assessment concludes No Effect(NE)o!I�.y Affect, Not Likely tAdversely Affect (NLAA) (with minimization and conservation``` asures), then the report` could be prepared and • a P p submitted to the community's permit office. For'AA dete;;:' _,,rnations that` trielude minimization----------------- and conservation measures the assesSME ..... nt must inelude enough detail to shave ' ' Prnthow the measures are related t0 otealoJect zmpacts; The assessment report p ::. rt should include the inoation ncd to pp su ort the effects determination and the rationale for reach the s conclusion . It ( Out d be organized to follow . . ... . . ...... . Steps 1 4 as outlined in this document. t. Tilevel of detail should b commensurate with the level of anticipated impacts. Projects with si nifcant m acts or potential for significant impacts (due to proj ect type and/or proj ect location) require more detailed review and analysis. If the assessment concludes Likely to Adversely Affect (LAA) or NLAA and there are no* minimxzato or. =conservation measures included in the project design, then the assessment will need to., proceed to Step 5. . Prepari :tie Mitigation Plan The following sections (Steps 5 and 6) provides guidance on preparing a mitigation plan, including reference to other habitat -specific restoration and mitigation guidance materials developed for the Puget Sound region. The final objective of floodplain habitat mitigation should P g be to ensure that there is no adverse effect to habitat, in terms of features, area, and/or function. Step 6, Task 6.1 of this guidance provides additional guidance on mitigation objectives including specific requirements for mitigation within Protected Areas and the Regulatory Floodplain. For many development proposals, permit conditions and mitigation actions required to meet other local and state permit requirements may also provide mitigation for the impacts determined through Step 4 of this guidance. In such instances, permit conditions and mitigation actions may overlap to serve as mitigation for impacts to floodplain habitats as required by the local flood- plain management ordinance. The conditions and mitigation proposed, however, must be Habitat Assessment and Mitigation – 18– January 2010 sufficient to mitigate for all floodplain habitat impacts in order to meet the objective of no adverse effect to habitat. Step 5. Review Mitigation Alternatives (Mitigation Sequencing) 5.1. Avoidance 2. Transferable development rights: Transferable development rights (TDR) systems have been in limited use by certain jurisdictions within the Puget Sound region in recent years. TDR systems allow for the transfer of development density from one parcel of land (with some conservation value, such as a floodplain or wetland) to another parcel or area that is planned for higher density development. Implementation and administration of TDR systems has proven challenging in many circumstances, due to the required coordination in establishing density receiving and density giving areas, and in negotiating density Habitat Assessment and Mitigation —19— January 20 10 credit values. However, a community, regional, or watershed based TDR system may be a successful strategy for floodplain avoidance. 3. Tax relief for conservation lands: Tax relief is a financial incentive that has proven to discourage development of sensitive lands. King County has an established system of providing property tax relief for lands that are established as conservation areas. All projects must meet certain criteria and approval isnot automatic. Such a system could provide an additional venue to encourage conservation of floodplain lands. — Inspect equipment daily four leaks Time specific phases of work to occur during"species work windows," when the species s p � p es are not present or wll. not be affected 5.3. Restoration A project's plans should include restoring or improving areas disrupted by the construction process. Wetlands, channels, and riparian areas can be repaired or rebuilt after the land clearance, grading and filling is done. All areas temporarily cleared should be re -vegetated with native plants. Habitat Assessment and Mitigation –20– January 2010 In some cases, restoration projects can be improvements to conditions that existed before the project. The box to the right provides an example, where a Jefferson County stream was enhanced during a bridge replacement project. 5.4. Compensation Restoration measures can mitigate the impact of temporary disruption, as when an area is torn up for construction but intended to remain as open space. Res- toration can produce an equal or better habitat at the same location. Permanent changes to the land and water that cannot be avoided will need to be compensated for. Compensation should always produce an equal or better habitat, even though it will be in a different location (which may or may not be on the owner's property). It should be noted that the compensation measure must account for the habitat functions and elements identified in Step 2. Some functions, such as a freshwater migration corridor, will not work in a different location. The applicant should also keep in mind that the area required for compensation is generally greater than the area of impact. Because of the length of time it takes to successfully create a stream side channel, wetland, or upland floodplain habitat area, greater acreage should be provided to compensate for the lost habitat area. (See the Auburn Narrows compensation example, next page.) 5.5. Select the Best Approach(es) Selecting the best mitigation approaches for the proposed project is an iterative process. It should consider avoidance as the preferred choice. If work must be done in a sensitive area, it should consider the costs of restoration and compensation. If those costs are too high, avoidance should be reconsidered. Selecting the best mitigation approach can and should be done in conjunction with the local, State, and Federal regulatory offices. Involvement of their knowledgeable staff allows discussion of the approaches and evaluation of preliminary project designs. This can save a lot of work designing the mitigation project. Early and periodic meetings with appropriate regulatory agencies can increase the likelihood of the mitigation plan meeting all regulatory requirements and can reduce potential costs and schedule delays during the approval process. Habitat Assessment and Mitigation —21 — January 2010 Step 6. Prepare the Mitigation Plan 6.1. Objective As noted in Step 5, the objective of the mitigation plan is to assure that sufficient and appropriate mitigation is provided to compensate for habitat impacts, in terms of features, acreage, or function. If the assessment cannot conclude that the project will have No Effect (NE) or May Affect, Not Likely to Adversely Affect (NLAA), then the mitigation plan needs to identify activities that will result in NE or NLAA. The plan document needs to be of sufficient detail to demonstrate how this is done, using avoidance, minimization, restoration, and/or compensation measures. Objectives for mitigation are differentiated for those impacts occurring within Protected Areas and those impacts occurring within the remainder of the Regulatory Floodplain. Mitigation within the Protected Area must include such avoidance, restoration, and/or compensation measures as needed to ensure that there is no adverse effect to habitat function due to the project. The fourth type of mitigation alternative, minimization measures, are not allowed in the Protected Area, unless they, in combination with other measures, result in no adverse effect to habitat function (Model Ordinance Section 7.8.A.2). Habitat Assessment and Mitigation -22- January 2010 The following are strategies by which the mitigation objective for Protected Areas may be achieved: — Doubling or tripling the area of compensatory mitigation to increase the mitigation ratio (area of habitat impacts :area of compensatory mitigation provided). — Identifying additional areas of previously degraded habitat within the project area and developing and implementing a plan to restore them. 4. Project description (taken from Step 3 of the assessment) 5. Impact on habitat (t . . aken from Step 4 of the assessment) 6. Alternatives considered (taken from Step 5, this should note why some alternatives, especially avoidance, were not selected) 7. Mitigation concept (an overall explanation of the measures) S. Construction measures a. Grading plan, with existing and post -construction topographical maps b. Construction methods (e.g. equipment to be used) c. Construction schedule Habitat Assessment and Mitigation —23— January 2010 9. Permanent measures a. Surface water management b. Vegetation plan c. Permanent buffer areas d. Etc. 10. Post -construction monitoring and maintenance plan 11. Bond arrangements 6.3. Minimum Standards Establishing a List of Qualified C onsul- tants: The community could provide a list of qualified. c usultants to developers and land owne o have experience in the . ...... .. . .. .. .. . ...... area. .mot her strategy for ensuring that qualified' ...... -Con are used could include developing qualification criteria for authors of habitat assessments and mitigation plans; see the box to the right for an example of one community's criteria. Public Comment Period: After habitat assessments and mitigation puns are submitted, the permitting official may require a public comment period before Example Qualification Criteria The following qualification criteria could be used by a community to ensure that habitat assessments and mitigation plans are prepared by a qualified consultant: Reports and plans shall be prepared by persons who have a minimum of a bachelor's degree in wildlife or fisheries habitat biology, or a related degree in a biological field from an accredited college or university with a minimum of four years experience as a practicing fish or wildlife habitat biologist. When used, qualifying criteria should include specifica- tions for all wildlife, fisheries, habitat, and environmental professionals that could be relied upon to address the broad array of habitats and conditions that occur in floodprone areas. assessment conclusions and/or mitigation plans are approved. This approach could include a requirement that public notice be posted in a publication of record. The intent of thep ublic comment period would be to ensure that interested third parties would have ample opportunity to review and comment on proposed projects. This could alert the local permit official to issues or impacts not adequately addressed by an assessment or mitigation plan. Habitat Assessment and Mitigation —24— January 2010 Third Party Review: The community may establish a system of third party review(s) by qualified consultants or agencies. Third party review is frequently implemented by local jurisdictions in the Puget Sound region for other environmental permits and approvals. The cost of third party review could be passed on to the applicant. This may require establishment of a third party review system in the ordinance. Establishing a system of third party review could augment internal review within the local jurisdiction. Another option for certain jurisdictions could be formalizing a system of internal review where qualified staff would determine the adequacy of submittal materials. Habitat Assessment and Mitigation —25— January 2010 References and Resources Federal and State Regulations "Endangered Species Act — Section 7 Consultation, Final Biological opinion," National Marine Fisheries Service, September 22, 2008 Washington Natural Heritage Database, Washington Department of Natural Resources, http://www. dnr.wa.gov/ResearchScience/Topics/NaturalHeritage/Pagestamp—nh.aspx Washington State Soil Survey data, see the USDA Natural Resource Conservation Service maps p or online Web Foil Survey, http:llwebsoiIsurvey.nres.usda.gov/app/ Habitat Assessment and Mitigation —26— January 2010 Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance for Floodplain Management under the National Flood Insurance Program and the Endangered Species Act, FEMA Region X, 2010, www.fema.gov/about/regions/regionx/NFIP_ESA/ hydrologicandhydraulicstud ies.pdf Water Quality and Quantity Water level data: US Geological Survey: htt ://Wa waer.us s. ov/datag Washin gton D a men o Ecology............... ., ..... ..... ... .. .. http ://www.ecy.wa. gov/programs/eap/fiw/shu—main.htl Mitigation Engineering with Nature -- Alternative Techniques to Riprap Bank Stabilization, FEMA Region x, 2009 Floodplain and riparian corridors: Washington Department of Fish and Wildlife (Bolton and Shelberg, 200 t'-.//wdfw.wa.gov/hab/ahg/floodrip.htm) ............ . .............. Habitat Conservation 'fanning Handbook, US Fish & Wildlife Service and National Marine Fisheries Service, 199611 p www.iws-gov/endangered/hcp/hcpbook.html Land Use Planning for Salmon, Steelhead, and Trout: A Land Use Planners Guide to Salmonid Protection and Recovery, Washington State Department of Fish and Wildlife and Washington State Department of Ecology, 2009, http://wdfw.wa.gov/habitat/plannersguide/index.html Management Recommendations for Washington's Priority Habitats: Riparian, Washington Department of Fish and Wildlife, 1997; http://wdfw.wa.gov/hab/ripxsum.htm Protection and Restoration of the Nearshore Ecosystems of the Puget Sound, Puget Sound Nearshore Partnership, 2004, http://www.pugetsoundnearshore.org/technical_reports.htm Habitat Assessment and Mitigation —27— January 2010 Stream Habitat .restoration Guidelines, Washington Department of Fish and Wildlife, 2004, http-.Hwdfw.wa.gov/hab/ahg/shrg/l*ndex.htm Wetland Mitigation in Washington State Part 2: Developing Mitigation Plans, Washington Department of Ecology, US Army Corps of Engineers, and US Environmental Protection Agency, 2006, http://www.ecy.wa.gov/biblio/0606011 b.html Additional References Habitat Assessment and Mitigation —28— January 2010 ... r. .. ........ a. n L i• i .... ...:::..::..:.:. .... .. ...... r S �;A v S •a.'�"p 'E . .�R' 't. y. g R a. b •� `'o.. viz i .. ... ....... .. .... ... ..:::.:: . ...... ..........:. f'k r�• r. x� 3. .. "�.. ::.:..... i r•: k yr � ........ .:..." m,t,:�A. '.:: sh:>�.::.:.::..:..: ' :E:.;... �..;,N 4•t' '. .. " .. .. "..... .....fir. "�''•`." �.'.r�.'o�3�E ."... ��. Z egionigr" P41 itKan i[yaroiogic z. : �: �: V yfti�` anct ir :�:�.>' 'j•'• • ...._rte;:: .. f „ t#f xN i support Studi"es of the Model D loodplain Management 2 710 Q1t1 P. ~ z. : �: �: V yfti�` s f.�.. ; :�:�.>' 'j•'• • ...._rte;:: .. f „ t#f xN Studi"es c. Regional Guidance for Hydrologic and Hydraulic Studies in support of the Model Ordinance for Floodplain Management under the National Flood Insurance Program and the Endangered Species Act Produced by FEMA -Region 10 January 2010 FEMA Region 10 For additional information or copies of this guidance: Federal Emergency Management Agency Attn: Mitigation Division Federal Regional Center, Region 10 130 228th St. SW Bothell, WA 98021-9796 (425) 487-4600 www. Tema. govlregionx/nfipesa. shim >, s.'- '< •. NFIP-ESA H&H Guidance —ii— January 2010 Contents Introduction............................................................................................................. I Background......................................................................................................... 1 Hydrologic and Hydraulic Study Guidance........................................................ 1 Future Conditions Floodplain Studies.................................................................... 3 Background...........................................................,....................................... 3 Types of Future Conditions ...........................::........... •................................ 4 When to Analyze Future Conditions6 „,,,.. Future Conditions Hydrologic Ana I ................................6:000................... Future Conditions Analysis Hydraulic Anal : ........ .R.... ....... ....... .......................................:...:.............. y y...................... ............ . ........... ..... ................. .. .. 7 .. .............. 6666.:::::::::::: '.................... . . Future Conditions Summary................ ..� ::::: 8 in 666:6 .......................................... CRS Credit for Future Cono lapp g •• 8 :`..:: ::.......:. Hydraulic Models .................... ........ ..:. ........... . 10 ........... .................... 6666 6666. Current Models F ..... .,. �� Regional Qui dance........:: .................................... . \. .. .... ......... .. ...,..... .. .. .. .. ........ 1 1 r yc M g................................................................ CRS Credit foHdrauliodelin 12 1 Migration Zones...,.........:...................................................... Char�ne.:: . 13 Bac kgrV and ► :a.►.............:.:.. ............ ./:1. .. ........ .... . ................................... . . . ... 13 Biological Opinion Require nts.................................................................... 13 .._ Regional Guidance. r.................................................................... 14 CRS iefit for Mapping Channel Migration Zones ......................................... 16 AppendixA. Reference.................................................................................. A — 1 Appendix Be Flow C:Ontrol-Exempt Surface Waters ....................................... B — 1 NFIP-ESA H&H Guidance — iii — January 2010 Acknowledgements This guidance document was developed by Region X of the Federal Emergency Management Agency, as part of its continuing effort to improve floodplain management practices and assist communities in meeting the requirements of the Endangered Species Act. It was prepared with the advice and assistance of a special advisory committee that included representatives from: — City of Auburn — City of Carnation — City of Everett -- The National Marine fisheries Service While so.me.:.comments were not incorporated, the reviews of each agency in a g y common endeavor to make this a useful guidance tool are appreciated. This document vias drafted by French & Associates, Ltd., Steilacoom ESA Adolfson, Seattle, and PBS&J. Seattle, arrangement an through with the Insurance g Services Office and the Community Rating System. NFIP-ESA H&H Guidance —iv— January 2010 Introduction Background This Regional Guidance is written for communities in the Puget Sound Basin to assist them in meeting the requirements and criteria of the Endangered Species Act (ESA) as clarified in the Biological Opinion issued by the National Marine Fisheries Service on September 22, 2008. The primary audience for this guidance is engineers and other technical staff involved with mapping flood hazards. This guidance was prepared with input from local officials, engineers, natural resources scientists, and planners. It will assist local officials and deers determine the most r re flood hazard data that meetl: r irements of the National Flood appropriate ways to p epa o q Insurance Program (NFIP) and the ESA. ......... This document is designed to support the NF1P4tA Model Ordinance, wh ich was also prepared by FEMA Region X. Guidelines and Specifications includes technical appendices which are updated as necessary. The primary technical appendix that relates to the issues discussed in this Regional Guidance is Appendix C: Guidance for Riverine Flooding Analyses and Mapping (FEMA, 2002). NFIP-ESA H&H Guidance --- 1 — January 2010 This Regional Guidance is intended to supplement existing guidance for communities who wish to prepare studies in consideration of special ESA provisions for Washington State as explained in the Biological opinion. The Biological opinion identified three specific areas where study techniques need to be adjusted to provide better hazard data: NFIP-ESA H&H Guidance —2— January 2010 Future Conditions Floodplain Studies Background Flood Insurance Rate Maps serve several purposes: They guide local floodplain management programs, --- They establish insurance premium rates, and -- They are used to determine when a flood insurance policy is required under the mandatory purchase requirement. After a review of the legal issues, FEMA's counsel concluded that FIRMs used for the last two uses need to be based on the current conditions on the round. In 2001 FEMA issued a p� .: g report, Modernizing FEMA's Flood Hazard dapping grogram:`recommendations for Using . ................. Future -Conditions HIyf drolo R60J]nsuranceor the National Pry Vim. That report noted: .... .......... .. .................. .............. As discussed in Flood Insurance study Guideline:.and Specifications for S't ..Contractors " (FEMA 37, January 1995), flood hazard determinations should be based n. conditions t are planned to h communitywithin 12 months following com letion :off the draft Flood' urance Stud exist int a (FIS) report. Examples of future conditions to be considered in the context of FEMA 37 are public works projects in progress, including channel.: hydraulic control structures, storm - drainage systems, and other flood protection projects. These are changes that will be completed in the near future for which completion can be'predicted with a reasonable degree of certainty and their completion can be confirtri ... . .....d prior to the NFIP map becoming effecti�ve.... . ... .. The current procedure for flood insurance rating: 1s- that structures.. shown within the existing 1 ercent-annual-chance 100- ear od lain are sub' ect to a mandator purchase conditionsp Y p J mandatory requirement. Due to statutory contints at this tte, FEMA can not use future -conditions data for flood insurance purposes. `heref e'' i re will be':dao change in the use of existing conditions data for p p:::: g g . . establishing flood insurance rates. Th roughommunity participation in the CRS, reduced flood ..:.:...:::.... insurance rates are available ff1hose coma un es that enforce more stringent regulatory standards than r uired b the NFIP. .[pages . 3 5 q Y [p g ] While the SFHA on a FIRM cannot be based on future conditions, local floodplain management programs are ver leome to use future conditions maps, as long as the regulatory floodplain is at least as large as the. Currently effective SFHA. In fact, Recommendations for Using Future - Conditions Hydrology concludes with a recommendation that FIRMs display the future conditions floodplain for informational purposes. This has been done where requested by the community. The 2008 Biological Opinion stated: The FEMA will also revise map modeling methods to consider future conditions and the cumulative effects from future land -use change, to the degree that such information is available (e.g. zoning, urban growth plans, USG S Climate study information). Future conditions considered should include changes in the watershed, its floodplain, and its hydrology; climate change, and other conditions that affect future flood risk. The FEMA shall ensure that jurisdictions use anticipated future land use changes when conducting hydrologic and hydraulic calculations to determine flood elevations. [page 158] NFI.P-ESA H&H Guidance —3 -- January 2010 This section shows hove the Biological opinion requirements can be met Within FEMA's current mapping guidance. Types of Future Conditions The term "future conditions" has a number of possible meanings in the context of mapping flood hazards. From a flood study perspective, there are two general types of changes that can be expected to occur in the future: -- Changes in the amount of rain and snow that feed floods=. -climate change}, and -- Changes in the watersheds that absorb the rain and .sno . wmelt. land -use changes). ( g ) Changes in precipitation: Changes in precipitation dlrae are change possible. Climate varies at many timescales, from daily cycles to the_ '-4 'l -interglacial patterns that occur over many thousands of years. Changing climate p att-can be difficult to. discern because of significant year to year variation and the short +rvational record. event. Changes in land cover typically increase peak flows by greater than 50 percent in small Puget Sound watersheds, and change the timing of peak flows (see the graphic, Booth et al., 2002, Grant et al., 2008). NFIP-ESA H&H Guidance —4— January 2010 Forest harvest patterns in managed forest land can also influence runoff patterns. Harvest patterns include re -growth, so it is assumed that future change from these processes is limited, since the bulk of these impacts are already accounted for in past flow measurements. Land -use and land -cover changes in the watershed are anticipated to have the most significant impacts on peak flows. Therefore, the technical aspects of this guidance are focused on anticipating and planning for flows generated from a more developed landscape. Other physical changes in the floodplain include infrastructure changes, such as bridge replacement, or land use conversion. If such changes are happening or scheduled within 12 months of a flood insurance study being undertaken, FEMA already requires their inclusion in a new flood study. Development in the floodplain also has the potential to result in cumulative affects on flood storage. For example, if the fringe is filled, the bas..... ..e: flood elevation `could rise by up to one foot. . ... . To comply with the Biological ]pinion, commuu ties will need to prevent. filling of the floodplain or include mitigation measures such as compensatory storage o that man-made changes in the floodplain do not affect future flows.,.In addition low impact development techniques are required for any development allowed within. the floodplain. Therefore, development within the floodplain should not have an impact on downstream flood peaks. On the other hand, there could be natural changes in the floodplain that are not necessarily addressed in Guidelines and Specifications. Local cnttcal area regulations encourage preserving the natural and beneficial fictions of the foodplain.As riparian plant communities develop, the may provide reater rou hness.alon the larnel banks and overbank areas increasing flood elevations in those areas. Restoration ro ects includin levee setback ro ects, have the potential to change flooding p J g p j patterns. If an analysis finds that they do `ee base flood elevations or the floodway or SFHA boundaries, a CLOMR from FEMA 1s required: more projects are completed, they may have a cumulative impact on flood elevatou. However, due to their expense, the few restoration projects ects that have been completed coved relatively short reaches. The distribution and effects of such future projects are difficult to predict. This Regional Guidance does not provide a mechanism to cape this type of future condition. Conclusion: Development in the watershed has a predictable and measurable impact on the flow regime. This guidance recommends that communities evaluate changes to the base flood from expected future watershed development based on the development patterns laid out in their local long range land use plans. At the request of the community, FEMA will reflect the results of the community -initiated future conditions study on FIRMs when they are revised. The flooding extent determined by future conditions analysis and mapping can be depicted as a shaded x Zone on the FIRM, instead of the Soo -year floodplain. NFIP-ESA H&H Guidance —5— January 2010 When to Analyze Future Conditions There are two situations where it is not necessary to analyze and map future conditions: Situation Study` 'fOr a large, flow control -exempt, water body The watershed is developed up to the levels shown in the land use or comprehensive plan The watershed is managed forest or agriculture with no potential for conversion > 4% of the watershed will become effective impervious surface, or a >1 o % increase is likely if existing condition is >4% All other situations Table I. When to analyze for future conditions Analyze future conditions hydrology? No No No Yes Yes NFtP-ESA .H&H Guidance —6— January 2010 Future Conditions Hydrologic Analysis To develop a reasonable estimate of the future conditions I percent annual chance flow, it is necessary to rely on rainfall runoff simulations with altered land use conditions. Gauge analysis has the benefit of using measured data, but the data only reflect past land use, not the future. All of the currently accepted hydrology models for peak flow determination (available at http://www.fema.gov/plan/prevent/fhm/en,--hydro.shtm) can be used to estimate future conditions by changing land cover/use parameters. Some models, such as HSPF and SWMM, will be more amenable to this type of analysis than others. All runoff models should be calibrated to past flood events before they are used for base flood determination. Future land use conditions can be developed using corfis:: aeneie plans developed by communities to comply with the Washington Growt..... ........... ................ .......... ....... ...h Management Act. These plans specify the Atype of land uses and, sometimes, percentage ofovera e allowedBurin aforeseeable planning horizon, such as 20 years. .... It is recommended that a conservative assum tion used the ail of the areas in the watershed p................... ed. This information can se.dr t............ he h drolo is model's land use - MO be developed as plann n y g to -land cover relationships to describe a u1ld-out condtnvthin the watershed. Basic retentio.and detention regulations don't address timing, so there's no assurance that future flooding wit riot be increased by the facilities, and -- The basic analytical technique is to ignore all private facilities because of long-term maintenance issues. Future Conditions Hydraulic Analysis No changes to the existing hydraulic analyses techniques are necessary to develop future conditions floodplain mapping based on land use changes as described above. The same models and approach used for existing conditions can continue to be used with different flows developed in the hydrologic analysis, with the exception of anticipating development of vegetation. NFIP-ESA H&H Guidance —7— January 2010 Future conditions discharges are input into the hydraulic model to determine the future - conditions flood hazards. Certain hydraulic parameters may also need to be adjusted based on expected land -use and land -cover changes, as determined by the community. Vegetation; It is a good floodplain management practice to consider the continuing establishment of riparian vegetation along channel banks and in the floodplain. This development could have significant influence on the study's roughness coefficient. For example, using values from Chow, 1959, a central roughness coefficient (Manning's n) for cultivated land with no craps is 0.030, and a central value for medium to dense brush in winter is 0.070 (in Sturm, 2001). The influence of the roughness coefficient on velocity calculations is linear, so doubling this value will certainly influence the hydraulic calculations, the resulting base flood elevation, and the extent of flooding. Future conditions hydraulic modeling should consider the potential t'ar ri arian and floodplain p p vegetation to establish and continue to develop. Wherefore, future c` nd tions can assume a full riparian forest comm(e.g.,> "' • p unity 5� ears old . rcultural areas caa onsdered to remain �n y ) g . ,. production and do not require adjustments. ------------- Not all r .: areas will be allowed to develop to full riparian forest: If cammun�t hon operations y and maintenance plan far similar) that includes vegetation maintenance (e.g., to comply with ............... .. . ...y PL84-99), then future vegetation development needs to be asrescribed in the plan. Future on itionsummary Communities should.:.analyze the Future condi` flood hazards by g usin the rainfall runoff models and hydraulic, models descrited in Gui` ``` ` e conditions y n s and Specifications. Future conditions are generally impacted b changes to the land cover editions. These estimates should Y u d be predicted by local land use or comprehensive pin * In sum ary; • The use of standard rainfall runoff model;:::;::::'..with changed land cover con .. g d tons to simulate future watershed development should be encouraged to predict future peak g p flows and base flood elevations:= these estimates should assume full build out as predicted by local land use plans. • Modelers should also consider increasing roughness coefcwthin the hydraulic i analysis to simulate.. the continued growth of vegetation within the study area. CRS Credit for Future Conditions Mapping The Community Rating System (CRS) is summarized in the separate publication, CRS Credit for Habit -at Protection and explained in more detail in the CRS Coordinator's Manual. Credit toward reducing flood insurance premiums is provided in communities that implement floodplain management measures that are above and beyond the minimum require- ments q ments of the National Flood Insurance Program. NFIP-ESA HH Guidance —8— January 2010 As discussed above, floodplain management regulations using a floodplain map based on future conditions is above and beyond the guidance in FEMA's Guidelines and Specifications for Flood Hazard dapping Partners. This can be credited by the CRS, provided: -�- The hydrologic and hydraulic study techniques used are recognized in Guidelines and Specifications. A technique that is not discussed there may be submitted to the FEMA Regional Office for consideration for CRS credit. --- The study and floodplain map is adopted for use in the community's development regulations. New buildings constructed in the regulatory floodplain must be protected to the future condition's base flood elevation. --- . .......... A community may submit the study to FEMA for n.. ..... ..... ..... .c. oration into the next scheduled DFIRM update for that community. --- At each CRS cycle verification visit (generally every five years), the community must document whether its regulatory floodplain data still reflect nre conditions. For example, a study based on a 20 -year land use plan prepared i will no longer reflect future conditions in 2015. NFIP-ESA H&H Guidance —9— January 2010 Hydraulic Models Several elements of the Biological Opinion address the selection of appropriate hydraulic analysis techniques. This section reviews how this can be done. Current Models ModelI Description Type Steady 1 D Unchanging flow Cross:."0 assumed to travel entirely in the downstream di rection Unsteady Changing flow (e.g., Unsteady Changing flow and steady assumed to travel 2D both downstream and laterally across the channellfloodplain Cross section ges 3D Digital • More realistic simulation of elevation complex flow patterns model {DEM} (e.g., strongly meandering streams, overbank flows, flow compression at bridge piers) Disadvantages • Simplifies flow processes to 1 D unchanging in time • Does not capture complex overbank flow processes • Does not address overbank storage • Simplified flow processes to 1D ■ Requires specific data input to represent significant water flux into and out of overbank storage areas • Less stable than steady models • Requires additional data development, hydrographs • More data intensive to build DEM • More prone to instability • Needs hydrograph for all major tributaries Table 2. General characteristics of the three common types of hydraulic models NFIP-ESA H&H Guidance —10— January 2010 Another consideration for the selection of models is the level of precision that is required for the results. In many instances, a less precise hydraulic method will still provide sufficient detail for mapping floodplains, especially if appropriately conservative assumptions are made during the modeling and mapping steps. Regional Guidance Guidelines and Specifications suggests the use of steady 1D models, except when conditions are too complex for these models to provide satisfactory answers. More complex hydraulic approaches are used when there is reason to believe that a steady 1D model will not produce a reasonable estimate of the base flood elevation. This guidance can be found in Section C.3.4 of Guidelines and Specifications. This Regional Guidance provides more specific advice for applying different models, but is not intended to supersede the technical requirements for applying a specific model provided in the revised Appendix C to Guidelines and Specifications. An unsteady 1 D model was used by the Corps of Engineers to develop flood mapping for the Upper Chehalis River. The Chehalis valley near Chehalis and Centralia is a hydraulically complex area that includes the confluences of several major tributaries and significant floodplain storage volume. One product is this map showing flood depths. The use of an unsteady 1D approach in this location has additional benefits in terms of supporting the design and analysis of potential flood mitigation measures. - NHC NFIP-PSA H&H Guidance - 1 1 - January 2010 Assessing the hydraulic aspects of the channel and floodplain: Several elements of the Biological Opinion focus on requiring that the NFIP include measures to avoid, minimize, and mitigate potential impacts to floodplain storage and physical habitat provided within the channel and floodplain system. It calls for more complex hydraulic analyses to support the identification of impacts and the determination of appropriate mitigation. Unlike steady-state hydraulic models, unsteady -state models account for floodplain storage. In situations where storage is a concern, unsteady -state models should be considered. The application of an unsteady I D model will assist in: NFIP-ESA H&H Guidance —12— JanuarY 2010 Channel Migration Zones Background Dynamic physical stream processes can cause channels to move or "migrate" over time. The area within which a river channel is likely to move over a period of time is referred to as the channel migra- tion zone (CMZ). Channel migration is a severe hazard that converts normally dry ground to a river bed, often by undercut- ting and destroying buildings, roads, and infrastructure. The hydraulic models approved in Guidelines and Specifica- tions peci ica- tions do not reflect possible changes in the channel bed during floods. Keeping inappropriate development out of the CMZ will prevent flood -related damage such as this. - Packwood, Biologic-. [pinion Requirements Identifying the e.xtent of the CMZ is referenced in several parts of the 2008 Biological Opinion: The FEMA will ensure that effects from habitat alterations that are reasonably certain to occur but might occur later in time,. such as changes in storm water quantity, quality, and treatment, decreased riparian vegetation, lost large woody debris, increased bank armoring, and impaired channel migration, are also mitigated. [page 152] Bank stabilization measures along salmonid bearing streams, channel migration zones, and along estuarine and marine shorelines must be minimized to the maximum extent possible. [page 224] No activity is allowed that limits the natural meandering pattern of the channel migration zone, however, natural channel migration patterns may be enhanced or restored [page 224] The Biological Opinion calls for higher regulatory standards within the Regulatory Floodplain, which includes the CMZ (page 154). Special rules apply in the Protected Area, which includes the channel migration area (CMZ plus 50 feet). FEMA does not require the development of CMZ NFIP-ESA H&H Guidance - 13- January 2010 mapping, but if mapping has been completed and adopted for local regulatory purposes before September 22, 2008, then this designation shall be used to define the channel migration area. If a community chooses to map and regulate the CM2, the mapping should be developed consistent with this Regional Guidance. Regional. Guidance There are several methods of delineating a CM2, ranging from approximate to more rigorous technical methods. The Washington State Department of Ecology. released a CMZ delineation method in 2003, A Framework for Delineating Channel i�� Zones(Rappand Abbe X003 ) (referenced here as the 2003 Framework). The 2003 Framp . wom was devised top rovide a technical framework for delineating the likelyCMZ and .fided to be im lemented bp y experienced fluvial geom.orphologists. The 2003 Framework is the method cited in the olo ical inion asho-basis for determinlng pg the location of the CM2. It is also the method recommended for use by fffi: Regional Guidance. Ivey elements of the method are described here, but -=this discussion is not intended to provide all of the detail offered in Rapp and Abbe 2003. The `design life' (how long into the future the CMZ mapping.is intended to capture) of the CMZ mapping is an important consideration that will influence the applicability and use of the study .:.:.:.:..:.:..:.:.:. ..:.:::..... . or use as the Regulatory Floodplain. The::-Biologi al opinion specifies that a 100 year timeframe be used. This 100 year time frame should be e�nsidered � fferentl than the "I00- ear" terminology typically used in fid '6dplain maria`terminology ' event. In floodplain terminolo "100- ear" is p 00-y ear" for an event with a one peeent ch ance 9f occurring in any givenyear. In C1VI2 delineation, a 100 Year.. ds _ife auld establish the area the channel caul y g d occupy ass: that current climatic conditi ons r:d channel processes sses continue to occur for the next . .. ..100 years. The loo yeardesign life can be exp sed: the potential al valley area that the channel can migrate within over 100 dears. It ;recognized that the relative hazards of migration can . g significantly vary within the overall Clot Communities have, and will, implement variable regulations within the CM2. The 2003 Framework identifies four generalized components of CMZ delineation. This approach ach p pp allows for a more detailed desertion of physical processes and provides a method to build on each data collection step. In::.st cases, all of these components will need to be accounted ted for to establish a CMZ delineation. These components are described in Table 3 onpag e 15 and shown graphically on page 16. A number of data sources are available to support this work, as shown in Appendix D of Rapp and Abbe 2003 and Appendix A of this Regional Guidance. The 2003 Framework assumes that these sources will be used in conjunction with some level of field data collection. There is a significant amount of interpretation necessary to accomplish mapping of the various components of the CM2. Judgments need to be made about data quality at each step, as the resolution of the mapping will always be limited by a finite amount of data. NFIP-ESA H&H Guidance —14— January 2010 Element Description Notes Include in the mapped CMZ? Historical Migration Zone The collective area the channel Dependent on extent and quality (HMZ) occupied in the historical record of past records, including Government Land office maps, Also referred to as the and past aerial photographs Yes Historical Channel Occupation Tract (HCOT) see for example GeoEngineers, 2003 Avulsion Hazard Zone The area not included in the Dependent an field measure- (AHZ) HMZ that is at risk of avulsion ments and ... ldentifeation of . ... ................. .. over the timeline of the CMZ vertical c a reel variation, bank strathy, and the presence Yes and location of relict channels end: secvnry flowpaths on the floodplain Erosion Hazard Area The area not included in the The EHA can re ' It" rom either (EHA) H M Z or the AHZ that is at risk: of erosion of the strea ank, or r er bank erosion from stream flti. ... ..... slope failures of the lthat Yes mass wasting over the timeline occur after erosion of t of the CMZ ::.. Disconnected Migration The portion of thewhere . Care needs to be taken to Area (DMA) man-made structures, such as assess (1) whether the man - major levees and; Interstate made structures will actually highways, physically eliminate prevent channel movement (e.g., channel migration. In some :..::.....:.;..::.:::.. are levees sufficiently engi- .........:..:..::.. Cases,. a levee protects:an area p veered? and 2 . whether the � �3 that is sa importan#, it will structure= highway, or protected Warrant restoring a migrated area is so..Important that there is channel to its earlier location(::::::: h no doubt that after a flood the , Case-by-case channel would be restored to its previous location. Clear evi- .. dence of the presence of a DMA would include: Corps certified ! v ees and a local adopted e that maintenance agreement states that flood fighting would occur and any damage repaired to prevent channel migration. Table 3. Elements of the overall CMZ (Rapp and Abbe, 2003). Note 1 — In the case when there.are` features of aquatic habitat existing landward of the levee footprint, the study should show ............. hove he. -habitat would not be impacted by the selection of the levee as a boundary to CMZ hazards. The resultant mapping can include a hazard -based treatment of likely CMZ areas. The approach allows for a ranking of, for example, severe, high, moderate, and low hazard areas throughout the CMZ. This ranking is allowed to be subjective, depending on the mapper's experience and confidence after working through all of the delineation steps. The use of these designations is optional and the criteria used to establish them can be determined by each community. NFIP-ESA H&H Guidance — 15— January 2010 While the map should show the 100 -year design life channel migration zone, the community may adopt only the high hazard portion for its channel migration development regulations. For the purposes of the NFIP-ESA Model Ordinance, the Regulatory Floodplain is based on the channel migration area, which is the channel migration zone adopted by the community for its development regulations, plus 50 feet. CRS Credit for Mapping Channel Migration Zones NFl Mapping channel migration zones is covered under the CRS credit for uncertain flow path hazards, found in the Special Hazards Supplement to the CRS Coordinator's Manual. A stream subject to channel migration is considered a movable bed stream. A separate supplement is scheduled to be published in 2010. Credit points for mapping a CMZ are provided if the community also has special development regulations that protect new development from migrating stream channels. The NFIP-ESA Model Ordinance does not include such regulations, as the CMZ is only used to help delineate the Protected Area. Therefore, for CRS credit, the community must have additional CMZ regulatory standards as well as a map prepared in accordance with these guidelines. FLOW Bedrock !: _--------- Outcrop EHA rs � AHZ — DMA AHZ''' .; :''' EHA ........ _ _ ..... — 1930 Active Channel 1950 Active Channel 1960 Active Channel 1970 Active Channel 1980 Active Channel 1990 Active Channel 2000 Active Channel •-•-•- Historical Migration Zone -- Avulsion Hazard Zone - - Erosion Hazard Area (Erosion Setback + Geotechnical Setback) Disconnected Migration Area Final CMZ Delineation Example figure of CMZ elements (Rapp and Abbe, 2003) NFIP-ESA H&H Guidance - 16- January 2010 The credit for CMZ mapping is provided if the local history of migration is "reflected in the mapping process. For full credit, mapping must be based upon floodplain soils and historic channel migration that indicate the probable extent of future migration." (Special Hazards Supplement, page 30.) Any mapping that implements the 2003 Framework or similarly credible methods will receive full credit under this element of the CRS. NFIP-ESA H&H Guidance —17— January 2010 Appendix A. References Booth, D.B., D. Hartley, and C. R. Jackson. 2002. "Forest Cover, Impervious -Surface Area, and the Mitigation of Stormwater Impacts." Journal of the American Water Resources Association. Vol. 38: 835-845. FEMA, 2010, CRS Creditfor Habitat Protection, http-.Htraining.fema.gov/EMIWeb/CRS/ FEMA 2010. Model 0r anee for Floodplain Management Under the National Flood .insurance Program and the tdangered Species Act GeoEngineers, 2003. "Geomorphic Evaluation and Channel Migration Zone Analysis Puyallup, Carbon, and white Rivers. Prepared for Pierce County Public Worka and Utilities Environmental Services, Water Progams Division. June 19, 2003. Grant, G.E., Lewis, S.L., Swanson, F.J., Cissel, J.H., McDonnell, J.J. 2008. Effects of Forest Practices on Pear Flows and Consequent Channel Response: A State -of -Science or Re ort P f Western Oregon and Washington. Gen. Tech. Rep. PNW.GTR-760, Portland, OR: U.S. Department of Agriculture, Forest Service, Pacific Northwest Research Station. NFIP-ESA H&H Guidance A — 1 January 2010 Herrera Environmental Consultants, Inc. Northwest Hydraulic Consultants, 2004. "Discharge of Stormwater to High Order Streams: Determining Exempt Reaches." Prepared for Washington State Department of Transportation. April 13, 2004. Mote, P., Petersen, A., Reeder, S., Shipman, H., and L.W. Binder. 2008. Sea Level Rise in the Coastal Waters of Washington State. University of Washington Climate Impacts Group and the Washington State Department of Ecology. January 2008. NFIP-ESA H&H Guidance A — 2 January 2010 Appendix B. Flow Control -Exempt Surface Waters (Appendix I -E to Stormwater Management Manual for Western Washington) Stormwater discharges that are otherwise subject to Minimum Requirement #7 -- Flow Control, to waters on this list must meet the following restrictions to be exempt from Minimum Requirement #7. --- Any erodible elements of.the manmade conveyance system must be adequately stabilized to prevent erosion under the conditions noted above. NFIP-ESA H&H Guidance B --- 1 January 2010 Exempt Surface Waters List Alder Lake Aston Creek Downstream of confluence with George Creek Baker Lake Downstreamof couence with R y Brookok Baker River Baker River/Baker Lake downstream of the confluence with Noisy Elwha River Creek Bogachiel River 0.4 miles downstream of Dowans Creek Calawah River Downstream of confluence with South Fork Calawah River Carbon River Downstream of confluence with South Prairie Creek Cascade River Downstream of Found Creek Cedar River Downstream of confluence WO T ylor Creek hehalis River C,500ce 1 feet downstream of:flrt..Nn-with Stowe Creek Chehalis River South Fork C 1 000 feet upstream of confluence ..ith Lake Creek � p Cispus River Downstream of confuice with Cat r Clearwater r River Downstream of C ne nce with Christy ;;Gree k River • pan border Downstream amad Cawe man River r Downstream of cfence with ;Gobble Ce Cowlitz River h Rive Clear Fork of confltt'_ce of oa ecus �.,, Downstreamp . ............. :W lit z River ............ . ............... Crescent Lake River Coal Creek Downsm .......... uence wt '"Of -:0n.- Dosewallips River Downstreamof couence with R y Brookok Dungeness River g Dawnstreaif confluence: with Gra'wo ever Elwha River .... Dovvnstrearu of . confluence with Goldie River Grays River Downstream of confluence with Hull Creek. Green River (WRIA 26 Cowlitz) 3.5 miles upstream of Devils Creek Hoh River1.2 miles downstream: of Jackson Creek . ............. . . Hum tuli Re P p :. Downstream of confluence with West and East Forks Ralama R, 2.0 miles downstream of Jacks Creek Lewis River Downstream of confluence with Quartz Creek Lewis River, East Fork Downstream of confluence with Big Tree Creek Lightning Creek Downstream of confluence with Three Fools Creek Little White Salmon River Downstream of confluence with Lava Creek Mayfield Lake Muddy River Downstream of confluence with Clear Creek Naselle River Downstream of confluence with Johnson Creek Newaukum River Downstream of confluence with South Fork Newaukum River Nisqually River Downstream of confluence with Big Creek Nooksack River Downstream of confluence of North Fork and Middle Forks NFIP-ESA H&H Guidance B — 2 January 2010 Nooksack River, North Fork Downstream of confluence with Glacier Creek, at USGS gauge NFIP-ESA H&H Guidance B -- 3 January 2010 12205000 Nooksack River, South Fork 0.1 miles upstream of confluence with Skookum Creek North River Downstream of confluence with Vesta Creek Ohanapecosh River Downstream of confluence with Summit Creek Puyallup River Half -mile downstream of confluence with Kellog Creek Queets River Downstream of confluence with Tshletshy Creek Quillayute River Downstream of Bogachiel River Quinault River Downstream of confluence with North Fork Quinault River Riffe Lake Ruby Creek Ruby Creek at SR -20 crossing downstream of Granite and Canyon Creeks . Satsop River Downstream of confluence die and East Forks Satsop River, East Fork Downstream of confluer c with Decker Creek Sauk River Downstream of canf_ce of South Fork and North Fork Sauk River, North Fork North Fork Sauk ; rat Bedal Cam run pg o d 1 S lver Lake •.. ..... ­X Cowlitz County.-- Skagit River Downstream of :pan border:..- S kok om i ski River D own stye m conii::_ a of �noe o fIN&fh and S auth or ..::: River, South ForkD ::...;:.:... OW" ': CreekSkokomish itb Vance River, North Fork Dowfnof confluenc eekSkokomish eMcTaggert Cr Sko okom chuc k River 1 mile: r:ea o':Bucoda a SR:07 mile post 11.0 Sk k omi ski River Downstream. sirean: of South Fork Sk komish River, ,South Fork Downstrea f confluencef Tye arioss Rivers ::..:.. ....... ... r.... .. Snohomish River xx: ::Down stream of confluence of . Sn.oqualmie and Skykomish Rivers Snoqualmie River Downstream of. confluence of the:Middle Fork Snoqualmie River, Middle Fork Downstream of confluence with Rain Creek Y Sol D uc River ... . ........ . Downstream of confluence of North and South Fork Soleduck River Stilla uam.sFc Downstream eam of confluence of forth and South Fork Stella guaatsi River, earth Fark 7;? highway miles west of Darrington on SR 534 downstream am of confluence with French Creek. Stillaguarr diver, South Fork Downstream of confluence of Crankier Creek Cranberry and South Fork Suiattle River -..,Downstream of confluence with Milk Creek Sultan River 0.4 miles upstream of S R2 Swift Creek Reservoir Thunder Creek ..Downstream of the confluence with Neve Creek Tilton River Downstream of confluence with North Fork Tilton River Toutle River North and South Fork Confluence Toutle River, North Fork Downstream of confluence with Hoffstadt Creek Toutle River, South Fork Downstream of confluence with Thirteen Creek White River Downstream of confluence with Huckleberry Creek willapa River Downstream of confluence with Mill Creek Wind River Downstream of confluence with Cold Creek wynoochee Lake wynoochee River Downstream of confluence with Schafer Creek NFIP-ESA H&H Guidance B -- 3 January 2010