Ordinance 3676-19 - Laserfiche WebLink

Section 19.Section 16 of Ordinance 2909-06, as amended, (Zoning Code, Critical Areas, EMC 19.37.160), is hereby amended as follows: 19.37.160 Streams and lakes. A. Streams shall be classified based upon an amended version of the water classification system established under WAC 222-16-030 as follows: 1. Type S Stream.Those streams,within their ordinary high water mark, as inventoried as "shorelines of the state" under Chapter 90.58 RCW and the rules promulgated pursuant thereto, including the periodically inundated areas of their associated wetlands. 2. Type F Stream.Those stream segments within the ordinary high water mark, including the periodically inundated areas of their associated wetlands that are not Type S streams, and which are demonstrated or provisionally presumed to be used by salmonid fish.Stream segments which have a width of two feet or greater at the ordinary high water mark and have a gradient of sixteen percent or less for basins less than or equal to fifty acres in size, or have a gradient of twenty percent or less for basins greater than fifty acres in size, are provisionally presumed to be used by salmonid fish.A provisional presumption of salmonid fish use may be refuted at the discretion of the community development director where any of the following conditions are met: a. It is demonstrated to the satisfaction of the city that the stream segment in question is upstream of a complete, permanent, natural fish passage barrier, above which no stream section exhibits perennial flow; b. It is demonstrated to the satisfaction of the city that the stream segment in question has confirmed, long-term, naturally occurring water quality parameters incapable of supporting salmonid fish; c. Sufficient information about a geomorphic region is available to support a departure from the characteristics described above for the presumption of salmonid fish use,as determined in consultation with the Washington State Department of Fish and Wildlife,the Department of Ecology, affected tribes, or others; d. The Washington State Department of Fish and Wildlife has issued a hydraulic project approval pursuant to RCW 77.55.100,which includes a determination that the stream segment in question is not used by salmonid fish; e. No salmonid fish are discovered in the stream segment in question during a stream survey conducted according to the protocol provided in the Washington Forest Practices Board Manual,Section 13, Guidelines for Determining Fish Use for the Purpose of Typing Waters under WAC 222-16-031; provided,that no unnatural fish passage barriers have been present downstream of said stream segment over a period of at least two years; f. The following stream segments shall not be considered Type F streams: i. Merrill and Ring Creek south of Merrill Creek Parkway; ii. Edgewater Creek; iii. Narbeck Creek; iv. Forgotten Creek. 3. Type Np Stream.Those stream segments within the ordinary high water mark, including the periodically inundated areas of their associated wetlands that are perennial and are not Type S or Type F streams. However, for the purpose of classification,Type Np streams include intermittent dry portions of the channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see Washington Forest Practices Board Manual, Section 23),then said point shall be determined by a qualified professional selected or approved by the city. EMC Title 19.37 (Critical Areas) Page 44