MEMORANDUM OREGON DEPARTMENT OF FISH AND WILDLIFE

Transcription

1 MEMORANDUM OREGON DEPARTMENT OF FISH AND WILDLIFE DATE: January 12, 2016 TO: FROM: Greg Apke, Statewide Fish Passage Program Coordinator John Spangler, District Fish Biologist, Mid-Coast Watershed District SUBJECT: Net Benefit Analysis for Fish Passage Waiver Application for the Oregon Department of Transportation FFO US20 PME: UPRR-Eddyville Project at Eddy C Creek and Cougar Creek, Yaquina River Basin, Lincoln County (W ) Introduction and Policy Context Oregon revised fish passage statutes ( ) and corresponding administrative rules ( ), administered by Oregon Department of Fish and Wildlife (ODFW) provides specific authority to waive the requirement for fish passage if the Oregon Fish and Wildlife Commission determines that alternatives to fish passage proposed by the person owning or operating the artificial obstruction provide a benefit to native migratory fish (NMF). Fish passage waivers, defined in ORS (7) and administrative rules (OAR ) are permissible if it is determined that the alternatives to fish passage provide a net benefit to NMF. ODFW s role in processing passage waivers is to review the Applicant s fish passage waiver application and perform a net benefit analysis determination on the proposed compensatory mitigation. The purpose of the benefit analysis is to evaluate and make a determination as to whether or not the proposed fish passage alternatives achieve a net benefit greater than if passage were provided at the location for which the waiver is being sought. Net benefit analyses shall be determined based upon conditions that exist at the time of comparison. Proposed Action The Oregon Department of Transportation (ODOT) submitted a final fish passage waiver application for the FFO US20 PME: UPRR-Eddyville Project (PME) project on December 18, The ODFW Fish Passage Program in coordination with the ODFW Mid-Coast Watershed District fisheries staff, has reviewed the ODOT request to obtain a fish passage waiver for permanent fish passage artificial obstructions proposed for Eddy Creek Tributary C (Eddy C Creek) and Cougar Creek in the Yaquina River Basin in Lincoln County. The ODOT waiver application seeks a fish passage waiver for the installation of rock buttresses and culverts in Eddy C and Cougar Creek to provide slope stability and facilitate completion of the PME project. Fish passage has been blocked in sections of these drainages since 2008 when landslide mitigation was installed to stabilize the steep slopes adjacent to these streams in the new highway corridor

2 alignment. A previous ODOT PME fish passage waiver (W ) was approved for permanently lost fish passage/habitat and resulted in off-site mitigation in the Yaquina River estuary. The mitigation package continues to be implemented in The PME project has experienced extensive geotechnical challenges due to Oregon Coast Range geology and climate. As such, ODOT proposes to install rock buttresses within two fish-bearing streams in order to stabilize the movement of valley fills supporting the newly-aligned state highway. Specifically, the PME project will result in permanent impacts to Eddy C and Cougar Creek, both of which support native migratory fish (NMF), resulting in the permanent loss of 1,936 feet of NMF habitat. The ODOT fish passage waiver application submitted on December 18, 2015 identifies proposed fish passage and habitat improvement mitigation actions in the Bull Creek basin, a direct tributary to the Big Elk Creek, a mainstem tributary to the Yaquina River. These proposed actions are intended to mitigate for the permanent loss of fish passage and habitat access and the lost watershed processes and functions in Eddy C and Cougar Creek from the PME project. Department analysis concludes that the mitigation projects proposed in the fish passage waiver application do provided a net benefit, as required by Oregon Revised Statutes (7) and Oregon Administrative Rules and Project Description The ODOT is realigning a section of Highway 20 between Corvallis and Newport to improve driving safety for the traveling public, and to improve freight mobility between the Willamette Valley and Oregon Coast. The project will replace the existing 10-mile highway alignment adjacent to the Yaquina River between Pioneer Mountain and Eddyville with a new 5.37-mile alignment that is primarily on the ridge line of the Oregon coast range. ODOT initially proposed placing bridge structures over Eddy and Cougar Creeks. This approach was ideal from a fish passage perspective. Unfortunately, several massive landslides were discovered in 2006 during construction in the project alignment adjacent to these tributaries. According to ODOT, these slides are natural geologic features to the area. ODOT s geotechnical engineers and their engineering consultants have thoroughly evaluated the project areas and have determined there are major landslide masses in all four of the major creek sub-basins affected by the PME project. These include Cougar Creek, Crystal Creek, Eddy Creek Tributary B (Eddy Creek B), Eddy Creek C, and their tributaries. Consequently, before the project can be completed, these landslide areas must be stabilized to ensure stability and safety along the proposed highway alignment. ODOT engineers have evaluated different geotechnical design solutions to remediate the landslides. ODOT s initial proposal to remediate the landslides was to install rock buttresses to stabilize the unstable slopes. These buttresses were installed beginning in Extensive monitoring and evaluation resulted in the conclusion that despite the installation of the buttresses, bridges were not safe solutions to cross these streams. ODOT s final proposal includes plans to fill these stream valleys with large rock buttresses. Culverts will be constructed through the rock buttresses to carry the creeks through the fill material under the new highway alignment. These designs, given the site and design constraints and steep slopes and lengths of the new rock buttress fills, will not accommodate passage of NMF and will permanently preclude future fish passage at these locations. During the filling of the 2

3 stream valleys in 2014 the weight of the fill material caused the hillslopes to begin moving. This movement threatened to shear the drain fields that had been installed. ODOT s solution to this new slope instability is to install additional rock buttresses on Eddy C Creek and Cougar Creek. These new buttresses, proposed to be constructed in 2016, will permanently impact NMF habitat and watershed process and functions on Eddy C Creek and Cougar Creek. A more comprehensive project description including more information regarding the geologic setting of the PME project area, landslide risks, buttress details, and highway construction implications are included in the Geotechnical Data Report located in Attachment D and a map of the PME project corridor and proposed fish passage impact locations is located in Attachment A of the ODOT waiver application. Project Impact Analysis Waiver Sites: Cougar Creek: Cougar Creek is a small, approximately 5,000-foot long headwater tributary that discharges directly into the Yaquina River. The subbasin drains approximately 170 acres and its land use is private timber production. Listed coho salmon have been documented by ODFW (at low densities) in the lower section of the proposed rock buttress footprint and coho salmon and cutthroat trout occupancy have been assumed up to a natural channel slope break from 5-9% to over 20%. Construction of the proposed rock buttress and culvert will permanently block fish passage to 1,720 feet of coho salmon habitat (710 feet of culvert + 1,010 feet of open channel upstream of the rock buttress). Cougar Creek supports coho salmon and cutthroat trout within the project limits. The stream reach of Cougar Creek where the ODOT project impacts are proposed contains functional riparian and upland habitats and an average slope of the creek bed ranges between 5-9%. In addition to the direct loss of fish habitat at the construction site there will be the associated loss of watershed processes and functions. The longitudinal profile of the affected reach of Cougar Creek has a high average gradient ( % slope) and the gradient upstream of the proposed imacts quickly increases to %. Coho salmon and cutthroat trout have been sampled in the mainstem of Cougar Creek and in two tributaries that were affected by earlier phases of the PME project. Current and historic cutthroat trout distribution in Cougar Creek is assumed to occur from the confluence with the Yaquina River upstream to the % slope break. Pacific and western brook lamprey are known to reside in Cougar Creek. Pacific lamprey are a NMF species; western brook lamprey are not a NMF species as per OAR (32). Eddy C Creek: Eddy C Creek is a small, steep headwater creek that is approximately 2,700 feet long and drains an area of approximately 70 acres. The creek contains one small ephemeral tributary that is approximately 130 feet long. The subbasin s land use was historically private timber production prior to highway construction. The creek has natural channel slopes ranging from 6% to 17%. Results of stream habitat survey indicate that Eddy Creek mainstem and Eddy C Creek met most of the ODFW habitat benchmarks for forested streams. ODOT fish sampling efforts within the portion of Eddy C Creek affected by the 2013 rock buttress/culvert fills immediately upstream of the currently proposed impacts revealed juvenile 3

4 listed coho salmon and cutthroat trout. As noted above, cutthroat trout and Pacific and western brook lamprey are also known to occur in the Eddy Creek system including Eddy C tributary. The ODOT design at this location proposes a rock buttress and culvert that will permanently block passage of NMF to their habitat. The increased volume of slope stabilization material (buttress fill) will permanently cover a total of 216 feet of Eddy C Creek. In addition to the direct loss of fish habitat at the construction site there will be the associated loss of watershed processes and functions. Project Impacts Summary: The revised PME project will have direct impacts to 1,936 linear feet of headwater stream habitat that primarily provides spawning and rearing habitat for resident cutthroat trout and coho salmon. These impacts include 216 feet in Eddy C Creek and 1,720 feet in Cougar Creek. These impacted areas are important production areas, but are not limited as defined by the ODFW Habitat Mitigation Policy (HMP). Therefore, according to the ODFW HMP these areas would qualify as Category 4 Habitat. The mitigation goal for Category 4 habitat defined in the ODFW HMP is no net loss of habitat quality or quantity. The impacts from the PME project are unusual in that the habitats impacted are not just blocked by an artificial obstruction or structure; they are being eliminated by burying them under the new highway alignment. These impacts are permanent. Oregon Department of Forestry (ODF) estimates that there are 1.67 miles of fish bearing stream per square mile in the Yaquina River Basin or approximately 423 miles of fish bearing stream in the Yaquina River basin. Based on these estimates, the most recent ODOT project proposal will impact approximately 0.08% of the basin s available stream habitat. Similarly, the project will permanently impact acres of aquatic, riparian and upland habitat. These impacts include acre on Eddy C Creek and acres in Cougar Creek. Above and beyond the direct impacts to NMF, the headwater stream and associated riparian area habitat impacts are also important habitat for amphibians, other aquatic organisms, small mammals and bird species dependent on these habitats. These headwater streams also provide abiotic functions including water quality and quantity, nutrient cycling, as well as, serving as a source for material delivered to downstream areas such as large wood, organic material, gravel, etc. These functions are important for downstream aquatic habitats and fish production, but based on the impact area in the PME project and the availability of headwater areas throughout other parts of the Yaquina, are not limited. Fish Passage Mitigation Description As presented in the fish passage waiver application, ODOT proposes several actions within the Siletz-Yaquina 4th-field hydrologic unit code basin to mitigate for the proposed fish passage barriers to be constructed for the PME project rock buttresses. The proposed fish passage mitigation actions will occur in the Big Elk Creek subbasin at Bull Creek. These proposed actions focus on mitigating the permanent loss of NMF passage at the PME rock buttresses in both the Cougar Creek and Eddy C Creek, as well as the loss of critical aquatic, riparian, and upland processes that contribute to properly functioning NMF habitat. The specific fish passage mitigation actions proposed by ODOT include the permanent removal of an existing state-priority fish passage barrier (i.e., culvert), restoration of Bull Creek on a privately 4

5 owned 400 feet reach immediately proximal to the proposed culvert to be removed, preservation of riparian buffers along a portion of Bull Creek on private property downstream of the proposed culvert to be removed, the transition through a land exchange and deed restriction of 52-acres of private industrial timberland to the US Forest Service for late successional reserve management, and the abandonment of a logging road that presently crosses Bull Creek and provides access to the 52-acre private timberland parcel. These mitigation actions are intended to collectively result in a net benefit to NMF in relation to the permanent fish passage barriers and habitat impacts associated with the PME project at Cougar Creek and Eddy C Creek. ODOT also proposes to restore 9.5 acres of the Big Elk Creek narrow floodplain and riparian corridor near the creek s head of tide. This specific mitigation action is a requirement of PME project wetlands and waterway impacts, regulated by Oregon Department of State Lands and the US Army Corps of Engineers. While this action will similarly provide enhanced functions for NMF in Big Elk Creek (floodplain and off-channel habitat connectivity), this action cannot be included into and credited towards the ODFW benefit analysis as per OAR (3). This mitigation action is a requirement of another agency authorization and permit(s). A more comprehensive and thorough description of this proposed mitigation actions, corresponding locations and maps, figures, and photographs can be found in the ODOT fish passage waiver application. Mitigation Actions Benefit Analysis Bull Creek Culvert Removal and Site Restoration: Bull Creek is a tributary of Big Elk Creek, a direct tributary of the Yaquina River. Bull Creek empties into Big Elk Creek at approximately river mile The culvert proposed for removal occurs approximately 0.55 mile upstream of the Bull Creek/Big Elk Creek confluence. Removal of the culvert will eliminate a fish passage barrier that is a partial upstream barrier for adult coho salmon and adult cutthroat trout, and a complete upstream barrier for juvenile coho salmon, juvenile and sub-adult cutthroat trout, and lamprey species. The existing culvert outlet is perched approximately 2-3 feet above the downstream scour pool during most flow conditions. The culvert removal will result in the abandonment of the existing road segment upstream of the crossing and facilitate a land donation to the Siuslaw National Forest that is also a part of the proposed mitigation package discussed later in this section. The culvert is listed on the 2013 ODFW Statewide Fish Passage Priority List as a Group 11 barrier and is noted as a priority barrier in the Siletz-Yaquina Basin. Culvert removal and restoration of the stream channel proximal to the existing culvert will provide full volitional access to approximately 10,900 feet of upstream coho salmon spawning and rearing habitat and approximately 23,593 feet of upstream coastal cutthroat trout habitat. The watershed segment upstream of the culvert includes high-quality stream, riparian, and upland habitats located on land managed as late successional reserve by the Siuslaw National Forest. There are no known fish passage barriers or roads upstream of the culvert. The reach of Bull Creek downstream of the culvert and road crossing includes high-quality, low-gradient, sandstone-based in-stream habitat with a well-established riparian corridor. Upstream and downstream reaches contain critical overwinter rearing habitat for coho salmon, which has been documented as being a critical stream habitat element for sustaining viable coho salmon populations. The average active channel width of Bull Creek within the vicinity of the Bull Creek culvert is approximately 20 feet. The average channel gradient in the vicinity of the culvert is approximately 1.9 percent. 5

6 Approximately 20 large wood structures have been previously installed in the downstream reach between the Bull Creek/Big Elk Creek confluence and culvert by ODFW to further enhance the instream habitat and channel complexity. Approximately six large wood structures occur upstream of the Bull Creek culvert. These structures have helped encourage additional sediment deposition, the creation of point bars and small islands, and a complex glide-riffle dominated wetted channel type. However, at the culvert outlet, a large scour pool has formed due to localized scour associated with the hydraulic impacts of the undersized culvert. The scour pool has led to the deformation of the adjacent streambanks. The areas proximal to the culvert removal will be restored, graded to match existing topographic contours immediately up and downstream of the abandoned culvert. These restored stream banks will be replanted with native riparian vegetation to stabilize stream banks and return them to a more functioning riparian habitat condition. Existing large woody materials, previously placed by ODFW and immediately downstream of the culvert will be redistributed and repositioned to promote improved instream habitat features. In conjunction with the culvert removal, the road upstream of the culvert within the construction footprint will be graded and seeded; areas of the decommissioned road outside of the construction footprint upslope of the culvert construction area and within the 52-acres will be restored by removing three culvert cross drains, installing drainage bars to control surface drainage and erosion, and the road surface will be de-compacted with a excavator bucket. Bull Creek Riparian Buffers: Riparian conservation buffers are proposed along both sides of Bull Creek downstream of the culvert proposed for removal within private industrial timberland. Riparian buffers are proposed to offset the loss of riparian, floodplain, and upland habitat processes and functions that will be permanently impacted by the PME buttresses. Property deed restrictions will be established in perpetuity to ensure that no timber removal or new road building will be allowed to occur within the buffers. The existing landowner will maintain ownership of the property encompassed by the riparian buffers. The Wetland Conservancy, or a similar land trust entity, will provide long-term stewardship of the buffers. The riparian buffers will extend approximately 0.55 mile downstream of the existing culvert crossing along Bull Creek and a major tributary that joins Bull Creek downstream of the crossing from the southwest to the Bull Creek confluence with Big Elk Creek. The buffer will lie adjacent (downstream) of a 52-acre parcel that will be donated to the U.S. Forest Service (USFS) for late successional reserve management, providing a contiguous conservation corridor from the Bull Creek headwaters to the confluence with Big Elk Creek. The buffers will average approximately 275 feet in total width (horizontal distance) excluding the stream area between the ordinary high water marks (OHWM) on both banks, and include a variety of tree species and age classes including both deciduous and coniferous native species. 52-Acre Land Conservation: ODOT proposes to purchase a 52-acre parcel of private industrial timberland from Nestucca Forests LLC (managed by Hancock Forest Management) and donate the parcel to the Siuslaw National Forest to transition the land s use from industrial timber production to late successional reserve management. This parcel is bounded by USFS land to the east, south, and west and these adjacent lands are presently managed for late successional/riparian reserve. This aspect of the mitigation approach is intended to offset the permanent stream function and process impacts that will occur from construction of the PME buttresses. 6

7 Approximately 2,067 linear feet of stream habitat is included in the 52-acre parcel (13.4 acres riparian buffers and 38.6 acres upland habitat conserved). The parcel is composed primarily of Douglas fir and secondarily western hemlock second growth and was last harvested in ODOT also proposes to conduct restoration of the forest stands on the 52-acre parcel by thinning the existing densely-planted stands to decrease competition and foster more natural forest structure and dynamics to set the parcel on a late successional forest trajectory as the forest matures. This is expected to help shift the parcel from a tree farm to a healthy mature forest in the future. Table 1 (below) includes a numeric summary of the proposed PME project s fish passage and habitat impacts and the corresponding mitigation activities and conservation measures intended to offset the impacts and provide localized net benefits to NMF. The Big Elk Creek mitigation action is a requirement of fill-removal authorities and while this restoration activity is important for NMF, we are unable to apply direct credit to the NMF benefit analysis (see footnote below). Table 1. Summary of Proposed Impacts and Mitigation and Conservation Measures Impact and Mitigation Sites NMF Stream Habitat Lost (CS, CT, PL) Aquatic, Riparian, and Upland Habitat Lost NMF Stream Habitat Access Provided Weighted NMF Stream Habitat Access Provided * Riparian Buffer Area Conserved ** Upland Habitat Conserved Stream Length Conserved *** Eddy C 216 ft ac Creek Cougar 1,720 ft ac Creek Bull Creek ,900 ft. (CS) 23,593 ft. (CT, PL) 6,540 ft. (CS) 14,155 ft. (CT, PL) 17 ac. 0 2,900 ft. 52-Acre ac ac. 2,067 ft. Parcel Big Elk ac. 0 2,200 ft. Creek **** Total 1,936 ft ac. 10,900 ft. (CS, PL) 23,593 ft. (CT) 6,540 ft. (CS, PL) 14,155 ft. (CT) 30.4 ac ac. 4,967 ft. * Weighted NMF Stream Habitat Access Provided Column uses the % level of passage at the partial barrier at Bull Creek Culvert to derive a weighted habitat credit to the extent of habitat made accessible by the removal of the partial barrier culvert at Bull Creek. ** Riparian buffers areas also include upland habitats. *** Stream length conserved includes stream reaches that will have riparian buffers established, in-stream or riparian habitat improved, and/or land use changed from industrial timberland to late successional reserve management. **** Big Elk Creek Mitigation Action is for State Lands and USCOE Fill Removal Impacts and are presented but not taken into account for the total stream length figures and the final ODFW Net Benefit Analysis, as prescribed in ORS (3). CS - Coho Salmon, CT Cutthroat Trout, PL Pacific lamprey Species Benefited from Mitigation Actions, Proximity to Waiver Sites, and Mitigation Construction Schedule Species Benefited: 7

8 All NMF species inhabiting the Bull Creek basin will benefit from the proposed mitigation actions. These species include Oregon coast coho salmon, coastal cutthroat trout, and Pacific lamprey. Oregon Coast Coho are listed as threatened under the Federal Endangered Species Act. Unimpeded fish passage at the Bull Creek culvert site will allow adults and juveniles the ability to migrate throughout the stream corridor as environmental conditions dictate. Significant benefits are anticipated for Pacific and western brook lamprey. Western brook lamprey, while a native species are not classified as migratory, are not identified as a NMF. Both species have been excluded from the upper Bull Creek basin since the culvert was installed and both will realize a net benefit from the mitigation actions, but since western brook lamprey are not an identified NMF they have not been factored into the conclusions and recommendations of the benefit analysis. Multiple wildlife species, including ESA listed species, will benefit from the proposed mitigation by developing the 52-acre acquisition property into late successional forest, i.e. spotted owls, marbled murrelets and amphibians. In addition to the specific species benefits, the larger watershed processes and functions will be improved in the 52-acre acquisition and mainstem riparian conservation area. Growing larger trees in the riparian areas and upslope will allow for large woody materials to enter the stream and riparian areas, improve upslope habitats, and restore natural hydrology for the foreseeable future. Impact Sites Proximity to Mitigation Actions: Oregon Administrative Rules for fish passage mitigation (OAR (9)(a)) requires the mitigation activities are in proximity to the waiver sites. In proximity is defined, as per (5), as within the same watershed or water basin and having the highest likelihood of benefiting the NMF populations directly affected by the site for which the waiver is being sought. The Big Elk Creek mitigation site is approximately 2.5 miles southwest of the PME project. The Bull Creek mitigation site is approximately 6.5 miles south of the PME project. The PME project and the proposed mitigation actions are within the Mid Coast Basin, as defined by the Oregon Water Resources Department Oregon Drainage Basins (1991) and are therefore by definition in proximity. Timing of Impacts and Mitigation Actions: The rock buttresses and culverts at Eddy C Creek and Cougar Creek are proposed to be constructed in spring 2016, with completion by fall In-water work associated with the proposed actions at both creeks (i.e., culvert construction) will occur during the ODFW-preferred in-water water work window (IWWW) (July 1 st to September 15 th ). Construction at the Bull Creek mitigation site is currently planned to occur in the summer of 2017 after the 52-acre parcel land exchange has occurred. All work below the Bull Creek OHWM will occur during the ODFW-preferred IWWW for Yaquina River tributaries (July 1 September 15). 52-acre land conservation management actions described in the ODOT fish passage waiver application are presently being negotiated between ODOT, their consultants, private land owner, and the US Forest Service. It is expected these negotiations shall be complete by December 31, It is presumed the specific management actions within the 52-Acres, while still being negotiated, will commence in 2017 and be completed in

9 Monitoring and Reporting Post construction monitoring, evaluation, and reporting is a standard provision and requirement for all fish passage waivers (OAR (8). As such, ODOT, or their designee shall monitor, evaluate, and report for a standard 5 year period after project completion (mitigation actions are complete). The primary purpose of the monitoring and evaluation is to ensure the project plans were implemented as designed and the appropriate mitigation actions and site restoration is complete and mitigation objectives are achieved. If monitoring or evaluation indicates mitigation activities are not performing or the anticipated conditions are not achieved i.e., passage conditions at the abandoned culvert are problematic, ODOT shall be responsible to ensure corrective actions are taken, as required in Oregon fish passage rules and regulations. General Reporting Commitments and Expectations: ODOT, or their designee shall monitor mitigation construction so that all mitigation activities are implemented as per mitigation plans, design criteria, and permit conditions. The mitigation will be monitored at the completion of construction (as-built monitoring) to ensure the mitigation elements were constructed per project plans, design, and performance criteria. All mitigation activities will be evaluated, monitored, reported on, and maintained after construction to determine if the sites are stable, native plantings are establishing, invasive weeds are controlled, and instream channel restoration at the Bull Creek crossing is consistent with intended post-construction conditions. After the five-year post construction permit required monitoring and maintenance period, longterm site stewardship will be conducted on behalf of ODOT by The Wetland Conservancy or similar land trust (land steward) in perpetuity. The land steward shall monitor each site, exclusive of the 52-acre parcel under USFS management, at least annually to ensure the terms of the site deed restrictions are achieved. This includes, as defined in the fish passage waiver application, no mitigation vegetation is removed or damaged, sites are free of trash and liter, no grading, excavating or other earthwork has occurred, and mitigation site signage is present and properly positioned. The land steward shall provide maintenance to the site(s) if any of the mitigation components are not meeting mitigation plan and permit conditions. The 52-acre parcel to be donated to USFS will be evaluated, monitored, and maintained by the USFS after ownership of the land is transitioned to USFS. The USFS will manage the land per the standards and guidelines outlined in the Northwest Forest Plan s late successional reserve management designation. This may involve additional forest restoration activities conducted by the USFS over time as the site continues on a late successional forest trajectory. Conclusions and Recommendations Small coastal Oregon headwater streams, similar to the ODOT PME project waiver locations of Eddy C Creek and Cougar Creek are typically high gradient, lower productivity streams, can contain high quality but limited amounts of habitats and may produce limited numbers of NMF. Conversely, larger, low gradient stream reaches can produce large numbers of NMF (cutthroat trout, juvenile coho salmon and Pacific lamprey) and other native species like western brook lamprey. The proposed mitigation site in Bull Creek is a larger stream relative to the two impact/waiver sites at Eddy C Creek and Cougar Creek, and typically are capable of producing larger numbers of coho salmon juveniles, cutthroat trout and Pacific and Brook lamprey juveniles. 9

10 The Bull Creek culvert, proposed for complete removed, is listed as a Mid-coast fish passage priority in the 2013 ODFW Statewide fish passage priority list (ODFW, 2013). The Bull Creek culvert is listed as a passage level 3 barrier, a partial barrier to some native migratory fish adults and/or species for only part of the migration period. Score less than 5 (complete barriers) for the Level of Passage ranking reduces the overall credit made available through mitigation for habitat upstream of any given fish passage barrier. This approach is consistent with the Washington Department of Fish and Wildlife s (WDFW) Fish Passage Barrier and Surface Water Diversion Screening Assessment and Prioritization Manual (WDFW, 2009). ODFW passage rating categorizes the culvert as a level 3 or a 60% barrier resulting in a 40% reduction in habitat made available for mitigation. The WDFW manual would rate the Bull Creek culvert as 67% barrier based on the size of the culvert and degree to which the culvert is perched, resulting in a 33% reduction in habitat made available. Given the partial passage barrier status of this culvert the credit for the habitat above this location would be diminished by 40%. Using the Oregon percent passage estimates, the improved passage distance upstream of the Bull Creek culvert is 10,900 feet for coho salmon, 23,593 feet for cutthroat trout, and an assumed minimum of 10,000 feet, for lamprey species. Given these distances and applying a 40% reduction in credit for improved upstream passage the culvert replacement would gain approximately 6,540 feet for coho salmon and approximately 14,155 feet for cutthroat trout. Pacific lamprey species passage improvement would gain the full assumed distance of approximately 10,000 feet due to the inability of lamprey to jump or navigate around sharp corners. Using the WDFW guidelines, i.e., a 33% reduction in habitat credit, the culvert replacement would gain approximately 7,303 ft for coho salmon and 15,807 ft for cutthroat trout. Both the ODFW and WDFW methods are estimates and the percentages of habitat credit differ (60% and 67% respectively). These two fish passible rating methods provide a basis for determining the level of realized benefit to NMF from the culvert removal at Bull Creek. We have applied the ODFW guidelines (60% of credit) to the linear amount of improved fish passage gained for NMF by the removal of the Bull Creek culvert. Comparatively, the PME impacts are 1,720 feet and 216 feet of permanently lost habitat for coho salmon, cutthroat trout and lamprey species on Cougar Creek and Eddy C Creek respectively. ODFW supports the permanent removal of the Bull Creek culvert and conclude this component of the proposed mitigation will contribute towards and provide benefits to NMF We expect the conservation of 30.4-acres of riparian reserves along the Bull Creek mainstem (17- acres downstream and 13.4-acres upstream the Bull Creek Culvert) will improve riparian and upslope conditions and, in the future, provide more inputs of large wood to the stream system to increase stream and habitat complexity. These riparian reserves will continue to maintain good water quality, provide additional wildlife habitat, and contribute to the overall benefit to NMF. ODFW supports these actions and concludes they will contribute towards and provide benefits to NMF and numerous wildlife species for the foreseeable future. The impact sites as well as the 52-acre mitigation site are both currently in industrial timber ownership that operate on a harvest rotation of 40 to 50 years. The 52-acre mitigation site will be acquired and transferred to the USFS to add to the larger block of late successional forest in the upper Bull Creek basin. The 52-acres of industrial forest becoming late successional forest will provide for improved watershed processes and functions that are being lost from impacts from the PME project. The lost watershed processes and functions are difficult to quantify but given the 10

11 relatively small footprint from the proposed rock buttresses on Cougar Creek and Eddy C Creek, the 52-acre acquisition we believe will provide sufficient long term mitigation to provide for improved watershed processes and functions in a basin with higher fish production potential. ODFW supports this action and conclude this component of the proposed mitigation actions will contribute towards and provide a benefit to NMF and numerous wildlife species for the foreseeable future. In summary, ODFW staff concludes the collective fish passage mitigation actions proposed by ODOT to offset the buttress fill impacts in Eddy C and Cougar Creeks from the Hwy 20 PME Project will result in a net benefit to NMF when compared to Eddy C and Cougar Creek if fish passage were provided. The permanent impacts associated with the project will be sufficiently offset by the permanent improvements in fish passage and land conservation management mitigation actions and ODFW concludes the mitigation actions will provide a net benefit to NMF. Based on staff analysis of this benefit analysis it is recommended that the request for a fish passage waiver be granted for the fish passage barriers created by the buttress fills in Eddy C and Cougar Creeks for the ODOT Hwy 20 PME project. Cc: Alan Ritchey (ODFW) Chris Knutsen (ODFW) Bill Warncke (ODOT) Brad Livingston (ODOT) Nick Testa (ODOT) John Raasch (ODOT) Stuart Myers (ODOT Consultant, Mason, Bruce & Girard, Inc.) 11

12 Literature Cited: Oregon Department of Fish and Wildlife Fish Screening and Passage Program, Fish Passage Priority List. Oregon Department of Fish and Wildlife. Salem, Oregon. Washington Department of Fish and Wildlife Fish Passage and Surface Water Diversion Screening Assessment and Prioritization Manual. Washington Department of Fish and Wildlife. Olympia, Washington. Figures: Site locations, maps, physical description and photographs are included in the ODOT Fish Passage Waiver Application. 12