MUCKLESHOOT INDIAN TRIBE Fisheries Division nd Avenue SE. Auburn, Washington

Transcription

1 MUCKLESHOOT INDIAN TRIBE Fisheries Division nd Avenue SE. Auburn, Washington Phone: (253) Fax: (253) Mr. David Radabaugh Shoreline Planer W A Dept. of Ecology th Ave SE Bellevue, W A RE: City of Sammamish Shoreline Master Program Update Dear Mr. Radabaugh: The Muckleshoot Indian Tribe Fisheries Division has reviewed the City of Sammamish's proposed 2010 Shoreline Master Program update. We are attaching our comments in the interest of protecting and restoring the Tribe's treaty protected fisheries resources The MITFD appreciates the City's efforts to protect and restore salmonid habitat The Shoreline Master Program is an important tool for the City to use to protect areas in natural conditions and improve degreaded shoreline areas for the benefit of fish, wildlife and clean water. The SMP and its implementation must insure that shoreline land uses do not continue the degradation of treaty protected fisheries resources or impact Tribal members' ability to access these resources. We note that the SMP should be revised to acknowledge the importance of the Lake Sammamish for the Tribe's ceremonial, commercial and subsistence fisheries. As you may be aware, Tribal members commonly fish in Lake Sammamish for salmon. Attached are detailed comments on the SMP update. Thank you for the opportunity to review and comment on the SMP. If discuss these comments fuher, please call me at ~~ Sincerely,,... n....," Karen Walter Watersheds and Land Use Team Leader you would like to meet City to Cc: Debbie Beadle, City of Samamish

2 October 29,2010 Page 2 of 5 The following are specific comments from the Muckleshoot Indian Tribe Fisheries Division in response to the City of Sammamish's Shoreline Master Program and associated documents. Each comment is shown by Chapter, Section, Page Number and Specific item as described in the documents to assist with identification of the comments. We provided some of these comments previously to the City in response to the SEPA notice for this project (MITFD letter dated September 10,2009). We have no record of receiving responses from the City. Subsequently, there are outstanding comments and some new comments based on the revised SMP. I. Shoreline Inventory and Characterization Report (June 2007) comments 1. Table 2: Documented Salmonid Use in Majors Streams of the Samamish Watershed-This table is incomplete for coho, sockeye, kokanee, and cutthroat as noted below. Coho, sockeye, and cutthroat trout are all documented within Tibbetts Creek and Issaquah Creek. See govlink.org/watersheds/8/reports/fish-maps/ coho/pdf/coho.pdf govlink.org/watersheds/8/reports/fish-maps/sockeye/pdf/sockeye. pdf govlink.org/watersheds/8/reports/fish-maps/ cutthroat/pdf/cutthroat. pdf Kokanee are documented in Tibbetts Creek. See govlink. org/watersheds/8/reports/fish- maps/kokanee/pdf/kokanee. pdf 2. Page 15- One of the known human-created bariers (i.e. culvert under a house) on George Davis Creek was to be replaced as part of a redevelopment project (Titcomb House/shoreline project PLN ). 3. Page 33, Section Per the text on this page, it implies that Lake Samamish is potentially part of the Snoqualmie Tribe's Usual and Accustomed Fishing Area; however, the Snoqualmie Tribe's fishing rights have not been adjudicated and they are not par to U.S. v. Washington where the "Usual and Accustomed Fishing Areas" were defined by the Federal cour. Also, Lake Sammamish is an area where the Muckleshoot Indian Tribe routinely exercises its treaty fishing rights curently; this paragraph implies that there is only historical fishing by the Muckleshoot Tribe. 4. Page 50- There is more recent data on bass use of piers available at seattle. gov /util/ stellent/ groups/publici (ßspu! (ßssw/ documents/webcontent/spuo pdf. II. Shoreline Master Program Update (January 2010 City Council Adopted version) comments 5. The Muckleshoot Indian Tribe Fisheries Division again requests review of all shoreline applications when deemed complete by the City regardless if they qualify for shoreline exemptions, variances or substantial development permits. 6. Page 26, (8)(d), Site planning policies

3 Page 3 of 5 The language as proposed is inconsistent with the Tribe's treaty rights regarding access and should be deleted and replaced with a new policy stated in the beginning of the SMP as follows: Nothing in the Sammamish Shoreline Master Program or action taken there under shall affect any treaty right to which the United States is a party. 7. Page 35, (4), Environmental Protection and Conservation Regulations This policy should be modified to include requirements that dock and pier lighting do not shine on the surface of Lake Samamish. Artificial lighting and light reflection can increase predation rates on juvenile salmon and minimization alone wil not avoid this impact. 8. Pages 36-42, , Environmental Protection and Conservation Regulations The proposed 45 foot shoreline setback is area is misleading as only 15 feet from the Ordinary High Water Mark may be required to have a Vegetation Enhancement Area on Lake Samamish under certain circumstances. When required, this Vegetation Enhancement Area is not a fully buffered area. For example, active uses are allowed in the Vegetated Enhancement Area including structures, decks and paved areas. Furthermore, regulation (9)(b) and (c) allow a 25% area of non-native vegetation in the Vegetated Enhancement Area too. Finally, (2)(c) does not restrict impervious surfaces in the Vegetated Enhancement Areas. The result wil likely be very small areas with native vegetation. This may bean improvement over existing conditions in some areas; however, it is unlikely that such an approach wil result in any substantial restoration of the Lake Sammamish shoreline within the City of Sammamish. To address these concerns, we recommend modifications to the Shoreline Regulations that seek to maximize native vegetation in the Shoreline Setback Area. Table 1 on page 41 should make it clear that properties are required to have at least the first 15 feet from the Ordinary High Water Mark be vegetated with native vegetation when properties are developing and redeveloping. Table 1 should also be modified to give more credit if more area is revegetated in native vegetation if there is room to do so on a propert. The maximum amount of additional vegetation beyond the 15 feet is 500 square feet to get the maximum 10 foot reduction. A 500 square foot increase in vegetation may significant for smaller properties but not so significant for larger properties. Furthermore, active uses in the Vegetated Enhancement Area should only allow pathways to piers and docks. New and expanded decks and other accessory uses should not be in the Vegetated Enhancement Areas. New and expanded impervious surfaces, except for pathways to piers and docks, should be excluded from the Vegetated Enhancement Area, unless they canot be located landward. 9. Page 43, Water Quality, Stormwater, and Nonpoint Pollution Regulations These regulations should also require the use of low impact development techniques where site conditions allow.

4 Page 4 of Page 46, Table 3 Dimensional standards for Private Docks, width The proposed maximum width for a private dock of up to 50% ofthe lot size in all shoreline designations seems too wide. The maximum width for piers and floats per the US Army Corps of Engineers requirements under RGP-3 is 6 feet. 11. Page 45, (l)(a) Private Docks, Floats, Mooring Buoys and Boat/Personal Watercraft Lift Regulations, All Lakes Floats in Lake Sammamish should be limited in width to 6 feet consistent with the US Ary Corps of Engineers requirements under RGP Page 57, (4), Transportation Regulations This regulation should be modified to require that modified roads, trails, sidewalks, and driveways to minimize impacts to surface waters and replace existing fish passage bariers. 13. Page, 59, (4), Utilities Regulations This regulation policy should be modified by requiring that boring is the preferred method of crossing waterbodies over trenching. 14. Page 59, (9), Utilties Regulations This regulation should be modified to require utilities to fully mitigate for unavoidable impacts to shorelines, rivers, streams, lakes, wetlands, etc. Utilities tyically re-vegetate disturbed areas after construction, but have limitations on re-establishing large trees within utility corridors due to concerns about tree roots and pipeline integrity. Off-site mitigation may be needed as a result to meet no net-loss requirements. 15. Page 60, Chapter 25.08, Permit Criteria and Administrative Standards A policy should be added that reads as follows: "All shoreline permit applications shall be sent to the affected tribes, including, applications for shoreline variances, exemptions, conditional use, and substantial development permits. " In-water projects can adversely affect the Tribe's ability to access its fisheries resources by displacing fishing areas, creating boating traffic that may interfere with or damage Tribal fishing gear, as well as negatively affect fish habitat. As a result, projects within the ordinary high water mark should always be coordinated early with the MITFD so that the Tribe can provide the City with input and recommendations about how to avoid, minimize, or mitigate adverse impacts to treaty fishing rights. III. Cumulative Impacts Analysis comments 16. Page 9- The proposed Sammamish Landing public park in the north end of Lake Sammamish needs to be developed consistent with the recommendations from the WRIA 8 Chinook recovery plan and all impacts fully mitigated. The use of low impact development techniques should be fully implemented where site conditions allows. Finally, the need for this park should be evaluated against the master plan

5 Page 5 of 5 for Lake Samamish and its proposed improvements to see if some improvements at the Sammamish Landing can be eliminated or reduced in scale. 17. Page 21, Section The text regarding the Shoreline buffer on Lake Samamish is misleading. The 45 foot shoreline setback is not a buffer as the SMP lacks any requirement to fully vegetate these buffers with native vegetation. Ideally the SMP should be seeking to maximize the area within the 45 foot shoreline setback area with native vegetation. iv. Final Shoreline Restoration Plan (January 2008) comments 18. Low impact development techniques should be required within the shoreline management zones and other areas of the City of Sammamish. 19. Pages There should be a definitive plan and timeframe to fix the fish passage barriers identified in Table 6. The repair of one identified culvert from the 1994 East Lake Sammamish Basin Plan in the last 15 years is too slow.