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INTRODUCTION DRAFT - FEMA Region X Puget Sound (City of Sammamish)

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FEMA Region X - Puget Sound BiOp Floodplain Habitat Assessment Worksheet (v1.6 – November 2017) Page 1 of 6
INTRODUCTION
The National Flood Insurance Program (NFIP) is a voluntary federal program through which property owners in participating communities can
purchase federal flood insurance as a protection against flood losses. In exchange, communities must enact local floodplain management
regulations to reduce flood risk and flood-related damages within the mapped Special Flood Hazard Area (SFHA). The National Marine Fisheries
Service’s Biological Opinion (BiOp) (September 22, 2008) on the implementation of the National Flood Insurance Program in Puget Sound
requires local communities that do not have BiOp-compliant floodplain management ordinances to require and review a Habitat Assessment
(HA) before approving a floodplain permit, with some exceptions as noted below.
This worksheet is a tool for land use planners and biologists to 1) determine if an HA is needed and 2) identify items that must, at a minimum,
be addressed in HAs. If a project does not fit into the categories in Section 1.1 or 1.2, then an HA would be required.
The permit application reviewer can use this worksheet to work through whether the application meets the requirements. By checking the box,
the reviewer can track that the activity has been completed satisfactorily. If an HA is not required, check the box by the criteria that apply and
retain this worksheet with the permit file. If an HA is required, complete the worksheet and retain a copy with the permit file.
The Regional Guidance for Floodplain Habitat Assessment and Mitigation (August 2013) provides more detail on how to prepare an HA and
assess impacts of land management actions on Endangered Species Act (ESA)-listed salmonid species, orcas, and their designated critical
habitats within floodplains.
For each permit decision, a community is required to retain the documentation relied upon in making the determination of eects on ESA-
listed salmonids and orcas in perpetuity. Such documentation may include this completed checklist, the HA, or any other documents, reports,
or studies that support the determination of eect on ESA-listed species.
1. EXCEPTIONS
1.1 Neither a Floodplain Permit nor Habitat Assessment is needed
Communities may allow the following activities in the floodplain without requiring a floodplain development permit, provided all applicable
federal, state, and local requirements are met. A Floodplain Permit is not required because these activities do not meet the NFIP definition of
“development”. Note: local community regulations may be more restrictive than the minimum standards (44 CFR 59).
Routine maintenance of existing landscaping that does not involve grading, excavation, or filling.
Removal of noxious weeds, hazard trees, and replacement of non-native vegetation
with native vegetation.
Normal maintenance of above ground utilities and facilities, such as replacing power
lines and utility poles.
Normal road maintenance, such as filling potholes, repaving, installing signs and
traic signals, but not including any expansion.
Normal maintenance of a levee or other flood control facility as prescribed in the
operations and maintenance plan for the facility. Normal maintenance does not
include repair from flood damage, any expansion of the prism, face or toe expansion, or the addition of material for protection or armor.
Plowing and other normal farm practices (other than new structures or filling) on legally existing agricultural areas. Clearing additional
land for agriculture will likely require a floodplain development permit and a Habitat Assessment.
“Development” is “any man-made change
to improved or unimproved real estate,
including but not limited to buildings or
other structures, mining, dredging, filling,
grading, paving, excavation or drilling
operations or storage of equipment or
materials.” Source: FEMA
DRAFT - FEMA Region X
Puget Sound BiOp Floodplain Habitat Assessment Worksheet
FEMA Region X - Puget Sound BiOp Floodplain Habitat Assessment Worksheet (v1.6 – November 2017) Page 2 of 6
1.2 A Floodplain Permit is required but a Habitat Assessment is not Required
Communities may allow the following activities in the floodplain without an HA, provided a floodplain development permit is obtained, and all
applicable federal, state, and local requirements are met. Please include documentation that supports the determination that an application
is exempt from the HA requirement in the permit file when any of the following are applied to a project. Documentation must be kept in
perpetuity.
Normal maintenance, repairs, or remodeling of structures, such as re-roofing and replacing siding, provided such work is not a substantial
improvement or a repair of substantial damage. To comply, such work must be less than 50% of the value of the structure(s).
Expansion or reconstruction of an existing structure that is no greater than 10%
beyond its existing footprint. If the structure is in the floodway, there shall be no
change in the structure’s dimensions perpendicular to flow. All other federal and
state requirements and restrictions relating to floodway development still apply.
Activities with the sole purpose of creating, restoring or enhancing natural functions
associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and
riparian areas that meet federal and state standards, provided the activities do not
include structures, grading, fill, or impervious surfaces.
Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not include structures, fill,
impervious surfaces or removal of more than 5% of the native vegetation on that portion of the property in the floodplain.
Repair to onsite septic systems, provided ground disturbance is the minimal necessary and best management practices (BMP’s) to
prevent stormwater runo and soil erosion are used.
Projects that have already received concurrence under another permit or other consultation with the Services, either through Section 7,
Section 4d, or Section 10 of the Endangered Species Act (ESA) that addresses the entirety of the project in the floodplain (such as an Army
Corps 404 permit or non-conversion Forest Practice activities including any interrelated and interdependent activities.).
Repair of an existing, functional bulkhead in the same location and footprint with the same materials when the Ordinary High Water Mark
(OHWM) is still outside of the face of the bulkhead (i.e. if the work qualifies for a Corps exemption from Section 404 coverage).
A "Regulatory Floodway" is the channel
of a river 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 a designated height.
Source: FEMA
Armoring Scope Habitat Assessment Needed? Floodplain Development Permit
Required
Bulkhead repair in same location and footprint
with same materials. Bulkhead must be
functioning and OHWM cannot be behind the
structure to qualify as a repair.
No HA required Yes
Bulkhead replacement: dierent material,
dierent place, or dierent angle
Yes – An abbreviated HA may be appropriate
and address the Marine Shorelines Design
Guidelines (MSDG)/Integrated Streambank
Protection Guidelines (ISPG) methodology
Yes
New bulkhead Yes, address MSDG or ISPG methodology Yes
Table 1: Bulkhead Considerations
FEMA Region X - Puget Sound BiOp Floodplain Habitat Assessment Worksheet (v1.6 – November 2017) Page 3 of 6
PUGET SOUND BIOLOGICAL OPINION FLOODPLAIN HABITAT ASSESSMENT MINIMUM
STANDARDS WORKSHEET V .
Brief Description of Proposal:______________ Permit #___________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
This checklist is intended to assist permit reviewers in determining whether an HA meets the minimum standards for the habitat assessment
analysis.
General BiOp Minimum Standards:
Each of the following must be documented in the permit file or an explanation provided as to why it does not apply to the project.
New structures located in the least impactful location, as practicable. The permit file should include documentation of the measures taken
to avoid placing structures in the floodplain and to minimize the impacts of the proposed project on floodplain functions (see Floodplain
Habitat Assessment and Mitigation, Section 5.2).
Any removed large woody debris is replaced per WDFW Aquatic Habitat guidelines.
Bank armoring/stabilization follows and documents methodology consistent with
WDFW Marine Shorelines Design Guidelines or the Integrated Streambank Protection
Guidelines. A needs and alternatives analysis is essential for these projects.
The project is either inherently designed to avoid adverse impacts on floodplain
functions (if in the Protected Area) or compensatory mitigation is provided so there are
no adverse impacts on floodplain functions that support ESA listed species. See below
for more information.
As part of the flood permit, applicant has been notified that their property contains land within the Riparian Buer Zone (RBZ) and/or
floodplain.
Prior to permit issuance, the applicant has recorded a notice on the title of the property stating that the property is within the RBZ and/or
the 100-year floodplain.
Minimum Habitat Assessment Standards:
In addition to customary elements of a project application such as a project description,
site plans, and methods of work, the HA must show that the proposal will result in no
adverse eects on floodplain functions and/or includes appropriate compensatory
mitigation. The HA document and analysis must include the elements listed below. This
checklist is provided to assist the HA reviewer in determining whether an HA is suicient.
Project and action area description, maps, and site plans have been provided
Methods of work are described
Projects in the Protected Area are designed to inherently avoid detrimental impacts
without mitigation.
The HA specifically considers both direct and indirect impacts. Indirect impacts
are a result of an action and can occur later in time or in a dierent place and are
reasonably foreseeable.
The HA evaluates the impacts of interrelated and interdependent activities.
The Protected Area is defined as greater of
the Floodway, Riparian Buer Zone (RBZ), or
Channel Migration Zone (CMZ). If no CMZ is
identified in a riverine system, the Protected
Area extends to the outer limits of the
floodplain. Please note the Protected Area
does not extend outside of the SFHA.
The action area to be analyzed should
typically be well beyond the subject parcel(s)
and must consider all areas that could be
impacted by the proposal, especially including
indirect eects and eects of interrelated
and interdependent actions, in the vicinity of
and downstream from the proposal (and only
within the SFHA).
An interrelated activity is part of the
the proposed action and depends on the
proposed action for its justification.
An interdependent activity has no independent
utility apart from the proposed action (USFWS,
NMFS 1998)
FEMA Region X - Puget Sound BiOp Floodplain Habitat Assessment Worksheet (v1.6 – November 2017) Page 4 of 6
The HA specifically considers cumulative impacts of reasonably foreseeable projects
beyond the subject proposal/lot for all of the elements of the analysis listed below,
and especially loss of storage.
The HA contains suicient analysis for each specific item below to demonstrate a
claim of no adverse eect on the existing (legal) condition of the floodplain functions
(baseline condition). If an element does not apply to a particular project, the HA
should briefly explain why.
1. Water quantity and quality will not be aected by demonstrating that
pre-development water pattern will be substantially the same as the post-
development water pattern. The following items should be included in the
analysis:
• The HA demonstrates how low impact development techniques have been
used
• New impervious surfaces are noted and included in the analysis
• Water temperature impacts from development have been evaluated
• Potential changes in groundwater and hyporheic functions, pollutants, and sediment runo have been evaluated
• Stormwater leaves the site with the same frequency, timing, and duration as before the development
2. Flood velocities and volumes are not increased, even when considering cumulative
impacts.
3. Flood storage capacity is not aected or compensatory storage has been proposed
that:
• Provides suicient capacity to hold displaced flood storage volume
• Restores ground elevations that are comparable to the existing conditions
• Maintains floodplain connectivity and fish access (fish will not be stranded or
trapped as the floodplain fills and drains)
• Provides floodplain refugia and habitat for listed fish comparable to the existing
condition
• Is hydrologically connected to the flooding source
• Is located within the same hydraulic reach as the proposed development to
minimize eects on fish populations.
4. Riparian vegetation evaluation has been included
5. Measures to preserve habitat forming processes (such as large woody debris
recruitment) are included
6. Refuge from higher velocity floodwaters is provided
7. Spawning substrate is provided or protected
8. Ensure there are no adverse eects resulting from:
• Habitat isolation
• Bank armoring
• Channel straightening
• Construction eects (transport of sediment from the work area, noise, etc.)
• Direct eects
Cumulative impacts are the incremental
eect of an action, together with impacts of
present and reasonably foreseeable future
actions by state, tribal, local, or private
entities. Cumulative eects can result
from individually minor but collectively
significant actions taking place over time.
The hyporheic zone is a region beneath
and alongside a stream bed, where there is
mixing of shallow groundwater and surface
water.
Compensatory storage is generally
necessary for displaced flood storage
volume and loss of accessible floodplain
refugia for listed fish when a project
includes fill or structural displacement.
A refugium (plural: refugia) is a location
which supports an isolated or relict
population of a once more widespread
species.
Substrate: a substance or layer that
underlies something, or on which some
process occurs, in particular.
• the surface or material on or from
which an organism lives, grows, or
obtains its nourishment.
• the substance on which an enzyme
acts.
Habitat Isolation means the separation
of habitat components (such as main
channel and o channel habitats)
such that a species can no longer
access all of the habitat elements even
though they may still be present on the
landscape.
FEMA Region X - Puget Sound BiOp Floodplain Habitat Assessment Worksheet (v1.6 – November 2017) Page 5 of 6
Eect Determinations:
Following the evaluation of potential eects, the HA should make a determination of the eect of the proposed development on listed salmonid
species and orcas. The eects determination should be one of the following options. Please check which eects determination has been made
in the HA under review.
No Eect (NE): The project will have no eect whatsoever on listed species and designated floodplain functions. An insignificant or
discountable aect is not the same as no eect. If work aects any items evaluated in the HA section above, even insignificantly, an NE
determination is typically not appropriate.
May Aect, Not Likely to Adversely Aect (NLAA): The appropriate conclusion when eects on the species or floodplain functions
that support those species are expected to be beneficial, discountable, or insignificant - even when considering direct, indirect, and
cumulative impacts. Beneficial eects are positive impacts without any adverse eects on fish or habitat. Insignificant eects refer to the
size of the impact and discountable eects are those extremely unlikely to occur due to timing. Based on best judgement, a person cannot
meaningfully measure, detect, or evaluate insignificant eects or expect discountable eects to occur. The term "negligible" means the
same as "insignificant" (immeasurable).
Likely to Adversely Aect (LAA): The eect of the project is likely to result in a short or long-term adverse eect on listed species or
floodplain functions.
Proposal is Within the Protected Area
If the proposal is within the Protected Area, the following four conditions must be met through the HA analysis. The Protected Area is defined
below.
All “General BiOp Minimum Standards” have been met.
All minimum “Habitat Assessment Standards” have been addressed.
No mitigation is proposed. The project design inherently avoids adverse eects. Project design elements that consider and improve
floodplain functions that support ESA-listed species may be incorporated.
The proposal will result in an NE or NLAA eects determination for ESA-listed species..
Table 2: Minimum Area of Habitat Assessment in Protected Areas
Water/Stream Type RBZ
CMZ CMZ+50 feet
S (Shorelines of the State) 250 feet
F >5’ and Marine Shorelines 200 feet
F<5’ and Lakes
1
150 feet
N w/unstable slopes 225 feet
N 150 feet
The riparian buer zone (RBZ) is the land adjacent to
streams and other bodies of water where vegetation
is strongly influenced by the presence of water. They
are often thin lines-of-green containing native grasses,
flowers, shrubs and trees that line the banks of streams
and other bodies of water.
The channel migration zone (CMZ) is the area along
a river within which the channel(s) can be reasonably
predicted to migrate over time as a result of natural and
normally occurring hydrological and related processes.
1
Lakes are defined as over 20 acres.
FEMA Region X - Puget Sound BiOp Floodplain Habitat Assessment Worksheet (v1.6 – November 2017) Page 6 of 6
Proposal is Outside the Protected Area and Within the SFHA
If the proposal is outside of the Protected Area, but still within the SFHA the following conditions must be met through the HA analysis.
All “General BiOp Minimum Standards” have been met.
All minimum “Habitat Assessment Standards” have been addressed.
New structures are located at least 15 feet from edge of the Protected
Area, in previously disturbed/cleared areas, or outside of the SFHA, as
practicable.
Removal of native vegetation leaves at least 65% of the area of the lot
within the SFHA in an undeveloped state.
10, 50, and 100-year flood zones are conveyed to the applicant and marked onsite.
Creation of new impervious surfaces does not exceed 10% of the portion of the lot in the SFHA unless suicient mitigation is provided.
New structures are located such that new flood protection or armoring will not be needed.
The proposal will result in an NE or NLAA eects determination for ESA-listed species.
Additional Considerations for Lake and Coastal Floodplains
Armoring/stabilization: See “General BiOp Standards” section above.
Lakes: The Protected Area is the RBZ (150 feet from the OHWM) because floodways and CMZ’s are not applicable.
Coastal: The Protected Areas is the SFHA located within 200 feet of the OHWM (i.e. the coastal RBZ) because floodways and CMZs are not
applicable.
NOTES:
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Flood zones describe the probability of a flood occurring:
• 100 year = once every 100 years or 1% chance
• 50 year = once every 50 years or 2% chance
• 10-year = once every 10 years or 10% chance
Any property having a 1% or greater chance of flooding is
in the floodplain.
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INTRODUCTION DRAFT - FEMA Region X Puget Sound (City of Sammamish)

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Completed 24 January 2021

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