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20130331 DNS 11292013 (2) SEPA NO: 20130331 DETERMINATION OF NONSIGNIFICANCE Proponent: Randy Weber ill and grade within a floodplain. The grading includes moving Description of Proposal: F soil on the property to fill a portion located within the flood plain, grading to provide compensatory floodplain storage onsite, habitat mitigation and stormwater management. Location of the Proposal: Rhoton Road SE, Northwest of NP Road. Tax Parcel 22719240300 Section/Township/Range: Section 19, Township 17 North Range 2 East, W.M. Threshold Determination: The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Lead agency: City of Yelm Responsible Official: Grant Beck, Community Development Director Date of Issue: November 29, 2013 Comment Deadline: December 13, 2013 Appeal Deadline: December 20, 2013 Grant Beck, Community Development Director This Determination of Non-Significance (DNS) is issued pursuant to Section 197-11-340 (2) WAC. Comments must be submitted to Tami Merriman, Community Development Department, at City of Yelm, 105 Yelm Avenue West, Yelm, WA 98597, by December 13, 2013, at 5:00 P.M. The City of Yelm will not act on this proposal prior to December 20, 2013, at 5:00 P.M. You may appeal this determination to the Yelm Hearing Examiner, at above address, by submitting a written appeal no later than December 20, 2013 at 5:00 P.M. You should be prepared to make specific factual objections. Contact Grant Beck, Community Development Director, to learn more about the procedures for SEPA appeals. This DNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Code (Title 17 YMC), Critical Areas Code (Chapter 14.08 YMC), Stormwater Drainage Design and Erosion Control Manual. DO NOT PUBLISH BELOW THIS LINE Published: Nisqually Valley News November 29, 2013 Posted in public areas: November 27, 2013 Copies to: All agencies/citizens on SEPA mailing list and adjacent property owners Dept. of Ecology w/checklist Attachment A Determination of Non-Significance 20130331 Findings of Fact 1. This Determination of Non Significance is based on the project as proposed and the impacts and potential mitigation measures reflected in the following environmental documents: Environmental Checklist (August 2013, Barghausen Consulting Engineers)  FEMA Floodplain Habitat Assessment (June 2013, Wetlands & Wildlife)  Critical Areas Report & Proposed Mitigation Plan (June 2013, Wetlands &  Wildlife) Stormwater Site Plan (June 2013, Barghausen Consulting Engineers)  Tree Preservation/Protection Plan (July 2013, Barghausen Consulting  Engineers) 2. The City of Yelm is identified as a Critical Aquifer Recharge Area, a designated environmentally sensitive area. Potential impacts to groundwater quality and quantity will be mitigated through measures that meet or exceed the standards in the 2012 DOE stormwater manual. 3. Discharge of sediment-laden runoff or other pollutants to waters of the state is a violation of Chapter 90.48 RCW. Best management practices during construction provide protection to surface waters. 4. The FEMA Floodplain Habitat Assessment prepared by Wetlands & Wildlife concludes that: To ensure no loss of functions and values of the flood hazard area, the  disturbed area will be restored with native trees, shrubs and ground cover. There are no impacts to Essential Fish Habitat provided that BMP erosion  control measures are implemented, and lack of above-ground surface water connection. There are no direct effects to ESA-listed fish species, as no modifications will  occur to any water body. There are no Coastal-Puget Sound DPS Bull Trout, Puget Sound ESU Chinook salmon, or Puget Sound steelhead trout present within the area due to a lack of on-site habitat requirements for the species, and as the habitat does not exist, there is no effect on the habitat designated for these species. Humpback whales, orca whales, Steller sea lions, bocaccio, canary rockfish and yelloweye rockfish are precluded due to their marine habitat requirements. There are no indirect effects to ESA-listed fish species, as there will be no  disruptions or changes to the existing high or low stream flows. There are no effects to ESA-listed wildlife species, due to the relatively short  duration of the project and proposed restoration measures. Marbled murrelets and northern spotted owls are not present within the action area due to the lack of suitable habitat to suit their life history requirements. 5. The Critical Areas Report & Proposed Mitigation Plan prepared by Wetlands & Wildlife concludes that: Yelm Creek (type 5 stream) will remain undisturbed. The associated category  III wetland will be affected by grading impacts. The removal of invasive species, the retention of native species, and the restoration of all disturbed areas with planting of additional native trees and species provides no loss of ecological functions and values of the creek and wetland. There will be no effect to habitat, as no endangered species, species of local  importance, priority, threatened, sensitive or candidate species were found to have a primary association on or adjacent to the project area. There will be no direct or indirect effects to threatened winter steelhead, as  they are known to utilize the lower reaches of Yelm Creek for rearing and migration west of this site. There will be no direct or indirect effects to Mazama Pocket Gophers, as they  are mapped by WDFW as occurring approximately .7 miles northwest of the site, outside the 5.64 meter buffer distance needed to protect the species. There will be no direct or indirect effects to Townsend’s big-eared bats, as the  communal roost is located approximately .78 miles to the south, construction will not disturb roosting habitat, and distance prevents noise disturbance. The proposed increase in floodplain area closer to Yelm Creek, and removal  of current floodplain located away from Yelm creek, allows for more effective and natural floodplain processes to occur. The creation of compensatory flood storage area and enhancement of native vegetation and shrubs provides an ecological lift to the functions and values of the floodplain area. The applicant proposes a mitigation plan to include performance standards,  monitoring, maintenance and financial guarantee 6. The measures described in the reports listed above provide adequate mitigation to ensure no adverse environmental impacts occur to critical areas, habitat and species.