State of Washington

DEPARTMENT OF FISH AND WILDLIFE

Mailing Address: 16018 Mill Creek Boulevard @ Mill Creek, WA 98012

(425) 775-1311 @ Fax (425) 379-2323

March 6, 2006

Roger Wagoner

Berryman & Henigar

720 Third Avenue, Suite 1200

Seattle, Washington  98104-1820

SUBJECT:     Town of Sultan Proposed Changes to the Critical Areas Regulations in Response to WDFW Comment Letter Dated February 21, 2006.

Dear Mr. Wagoner:

Thank you for your response regarding the WDFW comment letter dated February 21, 2006.  WDFW is pleased that you have agreed to incorporate a number of our suggested changes in the town of Sultan proposed Critical Areas Regulations (CAR).  These changes will provide better protection to fish and wildlife resources.

There are several sections of the document, however, where WDFW recommendations have not been incorporated.  It will be important that the town reconsider these recommendations, based on best available science (BAS), in order to provide adequate protection to fish and wildlife.  Listed below are issues that continue to be of concern:

v WDFW commends the town of Sultan for adding language that will apply site-specific criteria for determining adequate wetland buffer widths based on habitat function scores at the site.  Unfortunately, this site-specific criterion was not extended to rivers and streams, as recommended by WDFW.  As mentioned in the WDFW letter dated February 21, 2006, buffer width recommendations contained in the document Management Recommendations for Washington’s Priority Habitats Riparian, by Knutson and Naef (1997) were not incorporated into the town of Sultan CAO.  This document recommended that waterbodies classified as Shorelines of Statewide Significance have buffers no less than 250 feet.  This document also provides information on how to best determine what buffer widths are needed, based on the size of the water body and the fish and wildlife species present in the area. 

Creating standard buffer widths for all rivers and streams, regardless of size, may not be consistent with BAS, depending upon site-specific features of the habitat involved.  As mentioned in our previous letter, if a particular area is highly utilized by large game species, such as elk, buffers may need to be increased significantly.  On the other hand, if an area contains moderate to small rivers or streams that are not classified as Shorelines of Statewide Significance, and, is in an area zoned for low intensity development, the buffers contained in the town of Sultan CAR may be appropriate, or even reduced, in some cases.  Inserting additional site-specific criteria to the standard buffer widths outlined in the town of Sultan CAR will help provide additional protection to fish and wildlife and will be more closely aligned to BAS. 

Finally, it is important to keep in mind the importance of rivers and streams not only to aquatic resources, but to wildlife species, as well.  A study by the Riparian Habitat Technical Committee (1985) determined that out of the approximately 480 wildlife species in Washington State, 60% are found in wooded riparian habitats.  It will be of utmost importance that the town of Sultan properly evaluate and determine the type of fish and wildlife resources present in the vicinity of the town and Urban Growth Area (UGA) in order to ensure buffer widths are sufficient for those species present.

v The town of Sultan does not propose to insert language regarding low impact development, review of mitigation, restoration, and cumulative impacts in the CAR.  This is because these elements will be addressed in the Shoreline Master Program (SMP).  In order to avoid confusion and provide better clarification for both developers and governmental agencies reviewing project proposals, WDFW recommends that the language be contained in both documents.  This should be relatively easy to do and may help lower costs in the planning process for developers.  Although a project proponent may go through the pre-project scoping process and follow guidelines contained in the town’s CAR, requirements contained in the SMP may not necessarily be evaluated at the same time and the developer may be taken off guard if additional regulations are contained in the SMP that would preclude the site from being developed.  The town of Sultan should ensure that the regulatory guidance is clearly outlined in both documents to avoid confusion and potentially higher costs in the planning process.

Once again, thank you for incorporating several of our suggestions outlined in the WDFW February 21, 2006 comment letter.  In addition, we hope that you will consider the recommendations outlined above.  Please don’t hesitate to contact me at the number listed below with any questions that you have.  I would be more than happy to sit down with you and discuss some of the above-mentioned issues in greater detail.

Sincerely,

Pamela Erstad, PHS/GMA Biologist

Washington Department of Fish and Wildlife

16018 Mill Creek Blvd

Mill Creek, Washington  98012

Phone: 425.379.2308

Fax: 425.379.2323

E-mail: erstapke@dfw.wa.gov

Cc:       David Brock, WDFW Region 4 Office

            Bob Everitt, WDFW Region 4 Office

            Millard Deusen, WDFW Headquarters

            Steve Penland, WDFW Headquarters

            Jeffrey Kamp, WDFW

            Laura Casey, NWDOE

            David Anderson, CTED

References

Knutson, K.Lea and Virginia L. Naef.  Management Recommendations for Washington’s Priority Habitats, Riparian.  WDFW, December 1997.

Riparian Habitat Technical Committee.  1985.  Forest Riparian Habitat Study, Phase 1 Report.  No. WDOE 85-3.  203 p. Washington Department of Ecology, Olympia, WA.