15-103991September 3, 2015
Larry D Burnstad
Watershed Dynamics
PO Box 215
Enumclaw, WA 98022
Jim Ferrell, Mayor
RE: File #15-103991-00-AD; RESPONSE TO INQUIRY
Bingaman Creek Reclassification, Citywide
Dear Mr. Burnstad:
The Community Development Department has received your request to reclassify the Bingaman Creek
reach within the city limits from Type F (fish bearing) water to Type N (non -fish bearing) water. The
department hereby approves your request per the findings below:
1. Within the City, Bingaman Creek is
identified in the city's critical area
inventory as Type F stream T-2 and T-3
2. The stream inventory identified reaches
T-2 and T-3 contained no apparent fish
habitat during the August 2001 field
visit.
3. Recent field visits' by Larry Burnstad of
Watershed Dynamics documented fish
are unable to pass south of Bingaman
Pond (located outside city limits) due to
decreased flows and lack of habitat.
Further upstream, an elevation change
and siphon culvert exists at South 288d'
Street and Interstate 5.
4. Confirmation by Larry Fisher of
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Washington Department of Fish and Bingaman creek identified as T-2 and T-3 in the stream inventory.
Wildlife (WDFW) via email on June 18, This reach shown within city limits will be updated to Type N water.
2015, that a lack of sufficient habitat to
sustain fish life exists within Bingaman Creek south of 288'" Street. Mr. Fisher stated that WDFW
considers the reach within the city as Type N waters.
I As referenced in the. Singh property critical areas review file #09-101793-AD
33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 a www.cityoffederalway.com
Mr. Burnstad
September 3, 2015
Page 2
5. Federal Way Revised Code 19.05.190 identifies Type F streams as those streams that are used by
fish or have the potential to support fish. No naturally reoccurring use by fish has been
documented within the reach south of South 288ffi Street. WDFW has identified the water south of
South 288t' Street as Type N waters.
Based on these findings, the department will update the critical areas inventory and designate streams T-
2, T-3 and those waters downstream of T-3 to the city limits as Type N waters. Be advised that this
determination does not distinguish whether streams T-2 and T-3 are Type Np or Ns waters. These
determinations may be made during a future development proposal. Type Np streams require a 50-foot
buffer and Type Np streams require a 35-foot buffer.
You may contact me at 253-835-2638 or matt.herrera@cityoffederalway.com if you have questions
regarding this letter.
Sincerely
a ew Herrera, AICP
Senior Planner
C. Larry Fisher, WDFW Area Habitat Biologist, 1775 12"h Ave NW, Suite 201, Issaquah, WA 98027
Theresa Thurlow, Surface Water Manager
15-103991 Doc. I.D. 70609
� AD#�5-1O3�l�f1-00
WATERSHED DYNAIN icS
July 27, 2015
Mr. Matt Herrera, Associate Planner
City of Federal Way, Community Development Services
33325 — 8th Avenue South
Federal Way, Washington 98063
RE: Bingaman Creek Classification
Matt:
Per your email (July 10, 2015), I am resubmitting my formal request, asking the City to reclassify Bingaman
Creek upstream of S. 288' Street as a Minor or Type N Stream. That section of Bingaman Creek is currently
classified as a Major or Type F Stream. In making this request, I consulted with Mr. Larry Fisher, WDFW Habitat
Biologist, and we agreed on the reclassification of Bingaman Creek upstream of S. 288'h Street.
I have attached copies of my e-mail conversations with you, Larry Fisher (WDFW), Rick Williams, and Gian
Singh related to this request. Unfortunately I could not figure out how to print copies of each set of e-mail
correspondence from oldest to newest, so each set of a -mails that are stapled together are presented in newest to
oldest in chronological order. As a result you will need to go to the oldest e-mail first, which is in the back of the
packet, and then read them in proper chronological order going to the front of the packet.
I know, I won't get any prizes for my computer skills, but all of the information should be there.
During a separate conversation with Larry Fisher at a Green River Watershed meeting, he and I agreed that any
decision by the City to reclassify the section of Bingaman Creek based on the irreparable nature of the siphon culvert
should not set any precedence with regard to other human -made fish passage barriers. This is a unique situation
and the City's decision regarding this request should be considered applicable only to upper Bingaman Creek and
the siphon culvert.
Thank you for your consideration. Please feel free to me if I can be of further assistance explaining this to City
staff.
Larry urnstad, Senior Environmental Consultant
AUG 10 2015
CITY OF FEDERAL WAY
CDS
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Stream Calssification
From : Iburnstad@comcast.net Wed, Jun 17, 2015 03:57 PM
Subject : Stream Calssification
To : Gian Singh <gianlsingh@gmail.com>, Rick Williams <rick@pbcsea.com>
Gian/Rick --
I want to take a minute to follow up my my conversation with Matt Herrera at his office yesterday. My visit was prompted by the letter that
Rick received on June 1, 2015. The letter was actually data August 22, 2014 and was re -sent by Matt to give both of you a "heads -up"
regarding the wetland and stream within the Military Road properties.
I specifically asked him about the typing of the stream and reminded him the issue of the stream being "major" or "minor" had already been
resolved by virtue of Larry Fisher's decision that WDf W would treat the siphon culvert located under SE 288th Street as a human -made feature
that could not be corrected to allow fish passage and should, therefore, be treated the same as a "natural" barrier.
Last winter, I had suggested Matt add a clause in the new code to allow the City of treat fish passage barriers (natural or human -made) that had
no feasible engineered or economically practical means of being corrected the same as natural barriers. Apparently that clause was rejected by
the Tribes during their review of the draft ordinance.
The draft ordinance does have a clause that essentially allows the City to treat human -made impassible barriers the same as natural barriers as
long a WDFW provides a written statement of concurrence. So, what does that mean to you?
I order to get the section of Bingaman Creek adjacent to your property classified as a non -fish bearing stream (Type N), Larry Fisher needs to
write a memo to Matt Herrera indicating he is okay with treating the siphon culvert as a "natural" barrier.
As I indicated during my phone conversation with Rick yesterday, I can probably get that done with about 5 hours of time invested. If that is
okay with both of you, I will start the process first thing tomorrow to have Larry Fisher write the memo to Matt.
By the way, this effort would be focused on conditions following the implementation of the new code at the end of June
Larry D. Burnstad, Senior Environmental Consultant
Watershed Dynamics 360.825.9253 (Office) 206.953.5385 (Cell)
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Re: Siphon Culvert on Bingaman Creek in Federal Way
From : Iburnstad@comcast.net
Subject : Re: Siphon Culvert on 9ngaman Creek in Federal Way
To : Larry D Fisher (DFW) <Larry.Fisher@dfw.wa.gov>
Thu, Jun 18, 2015 03:03 PM
Larry --
Especially juveniles (pre-smolts) up to about two-thirds of the way between 55th Ave S and 46th Ave S. Even in a drier, hotter year like this I
am guessing water temperatures a much lower in that section -- lots of shade!!
From: "Larry D Fisher (DFW)" <Larry.Fisher@dfw.wa.gov>
To: Iburnstad@corncast.net
Sent: Thursday, June 18, 2015 2:52:57 PM
Subject: RE: Siphon Culvert on Bingaman Creek in Federal Way
Ldrry
I would tend to agree with you. There should be salmon upstream of 55th Ave now that access has been
restored.
From: Iburnstad@comcast.net [mailto:lburnstad@comcast.net]
Sent: Thursday, June 18, 2015 2:42 PM
To: Fisher, Larry D (DFW)
Subject: Re: Siphon Culvert on Bingaman Creek in Federal Way
Larry --
Based on my two stream surveys I feel the F water for anadromous fish actually starts
downstream of the culvert under 46th Avenue S at the base of the >15% grade leading up to
the culvert entrance. That's located approximately 35' downstream of the culvert. I have
only actually seen fish up to a point about two-thirds of the distance between 55th Ave S and
46th Ave S. Habitat features get pretty limited and there is little or no refuge habitat.
Up stream of 46th Ave S between the outlet of Bingaman Pond and the culvert inlet,there is
habitat that could be used by juvenile salmonids out -migrating from the pond. The is,
however, to low for out -migration by first psrt of June on normal years and I do not know
how well resident fish carry over.
Upstream of Bingaman Pond the stream is moderately steep and becomes very steep at the
west side of the apartment complex that is immediately east of I-5. Without some
modification to the culvert under I-5, the steep section just downstream is not passable.
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Last, the channel between the inlet of the culvert under I-5 ano pile outlet of the siphon
culvert is essentially a ditch with very little viable habitat, especially during higher flows when
there is no refuge habitat. I suppose it could be enhanced, but that would only be prudent if
all the downstream issues were corrected. Getting fish from the east side to the west side of
I-5 would be tough and there would be only about 150' to 200' of channel above that.
So, that's about all the information I have about the system. Years ago I did find chinook
and coho fry in the areas downstream of 55th Avenue S and SE 272nd St. Only found
residence cutthroat above 55th, but that was before the bottomless arch was installed at
55th.
Larry B.
From: "Larry D Fisher (DFW)" <Larry.Fisher(c-Odfw.wa. ov>
To: lburnstad comcast.net
Cc: "Matt Herrera" <matt, herre ra cit offederaIwa .core>, "Gian Singh"
<gianlsinah(agmail. com>, "Rick Williams" <rick bcsea.com>
Sent: Thursday, June 18, 2015 2:18:56 PM
Subject: RE: Siphon Culvert on Bingaman Creek in Federal Way
Hi Larry:
I am familiar with the site and issued an HPA for the siphon at S. 288th St. I recollect concluding there was not
sufficient habitat upstream of that location to sustain fish life. It is a location I am comfortable calling non -fish
water. I am not certain where I would start the F water somewhere downstream.
Larry Fisher
WDFW Area Habitat Biologist
1775 12th Ave NW Suite 201
Issaquah, WA 98027
425-313-5683
FAX 425-427-0570
Cell: 425-449-6790
<'){{}}>< <'){{}}><
From: Iburnstad a comcast.net [mailto:lburnstadPcomcast.net]
Sent: Thursday, June 18, 2015 10:53 AM
To: Fisher, Larry D (DFW)
Cc: Matt Herrera; Gian Singh; Rick Williams
Subject: Siphon Culvert on Bingaman Creek in Federal Way
Larry --
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Several years ago we spoke about the section of Bingaman Creek upstream of S 288th
Street. Bingaman Creek, tributary to the Green River, is a fish bearing stream up to 46th Ave
S where the first human -made barrier is located. Upstream of that location there is
Bingaman Pond, which is impassable during parts of the year when there is low or no flow.
Upstream of the pond the stream crosses under I-5 in another human -made barrier (a 120-
foot to 160-foot long culvert under the freeway). With the exception of the low/no flow
barrier at the downstream end of the pond, the human -made fish passage barriers could be
fixed.
There is, however, another human -made barrier upstream on the west side of the freeway.
That is the siphon culvert under S 288th Street where the street goes under the freeway.
The invert elevation of the stream channel on both sides of the street is considerably higher
(T to 4') than the road surface of the street. It is my understanding the siphon drain was
installed and vertical curve of S 288th Street was lowered when the freeway was constructed.
The siphon culvert and the lowering of the street were implemented either to avoid having
to construct an overpass at S 288th Street or because the vertical curve of the freeway would
not allow construction of any overpass at that location.
Whatever the case, the siphon culvert is a human -made fish passage barrier. It is
impassable in both the upstream and downstream direction.
So what's the issue?
The City of Federal Way, in both the old code and the proposed new code, classifies a stream
section upstream of a human -made fish passage barrier the same as the stream section
downstream of the barrier. According to Matt Herrera, this approach is partially predicated
on WDFW Policy regarding human -made fish passage barriers as being barriers that can be
modified or re -engineered to allow fish passage. As a result, Bingaman Creek upstream of S
288th Street is classified by the City as a "Major Stream" under the current code and as a
'Type F Stream" under the proposed new code.
I met with Matt Tuesday afternoon and we discussed the issue regarding how to classify a
stream section upstream of a human -made fish passage barrier that cannot be modified or
corrected to allow passage because there is no feasible engineering solution. Matt
understands that fish cannot now and, short of a major modification to S 288th Street and
construction of an overpass at I-5, will never be able to pass the siphon culvert to use the
section of Bingaman Creek upstream of S 288th Street. In addition, Matt is aware that
section of stream has no flow during the dry season every year.
But, Matt cannot change the classification unless he receives a letter from WDFW indicating
the department will treat the section of Bingaman Creek upstream of S 288th Street as a
non -fish bearing stream (Type N).
That's where I need help from you. We can go out and take a look at the crossing or I can
meet you somewhere to discuss the issue in more detail, but I could really use some help
getting this resolved. Please give me a call or send me an e-mail so we can get together.
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Thanks.
XFIN ITY Cornett
Larry D. Burnstad, Senior Environmental Consultant
Watershed Dynamics 360.825.9253 (Office) 206.953.5385 (Cell)
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WATERSHED DYNAMICS
July 7, 2015
Mr. Matt Herrera, Associate Planner
City of Federal Way, Community Development Services
33325 — 8'h Avenue South
Federal Way, Washington 98063
RE: Bingaman Creek Classification
Matt:
Per our last phone conversation, I am formally requesting the City reclassify Bingaman Creek upstream of S.
288'h Street as a Minor or Type N Stream. That section of Bingaman Creek is currently classified as a Major or
Type F Stream. The following points are provided in support of my request.
1. Fish passage upstream of S. 288'h Street is prevented by the presence of a siphon culvert under S. 288'
Street.
2. Non -lethal fish passage is not possible in either the upstream or downstream direction through this culvert.
3. The siphon culvert is a human -made passage barrier which was permitted by the Washington Department
of Fish and Wildlife (WDFW).
4. The justification for issuance of a Hydraulic Project Approval (HPA) was the lack of viable fish habitat
upstream of the culvert location.
5. Normally, human -made fish passage barriers are considered reparable and the stream channel upstream of
the barrier is classified the same as the stream channel downstream of the barrier. This is WDFW policy
with some case -by -case exceptions.
6. The siphon culvert cannot be modified to allow fish passage due to the juxtaposition of the I-5 corridor and
S. 288h Street.
7. The invert elevation of the Bingaman Creek channel is approximately 4-plus feet higher than the invert
elevation of the S. 2881` Street road surface.
8. The invert elevation of the section of the siphon culvert under S. 288`h Street is approximately 10 feet lower
than the invert elevation of the stream channel on either- side of the street.
9. This condition exists because highway design engineers determined the vertical curve of S. 288h Street had
to be lowered to allow the street to go under I-5.
10. At the time the design of I-5 was prepared elevating the vertical curve of I-5 to pass over S. 2881 Street
was not practical and the only options were to close S. 2881 Street on both sides of the I-5 corridor or lower
the S. 2881 Street roadway and install the siphon culvert. The former option was rejected and the WDFW
approved siphon culvert was included in the design.
11. The installation of a siphon culvert is definitely a rare occurrence and this is the only one of its kind in the
City of Federal Way and, perhaps, in King County.
12. After significant review, WDFW determined the fish passage barrier at that location will not be treated as
a reparable barrier and has deemed Bingaman Creek upstream of S. 288'h Street a non -fish bearing stream.
In making this request, I consulted with Mr. Larry Fisher, WDFW Habitat Biologist, and we agreed on the
reclassification of Bingaman Creek upstream of S. 2881 Street. Further, we agreed a decision by the City to
reclassify the section of Bingaman Creek based on the irreparable nature of the siphon culvert should not set any
precedence with regard to other human -made fish passage barriers. This is a unique situation and the City's decision
regarding this request should be considered applicable only to upper Bingaman Creek and the siphon culvert.
Thank you for your consideration.
Larry D. Burnstad, Senior Environmental Consultant
7/2ch;o15 XFINITY Connect
XFINITY Connect Iburnstad@comcast.net
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RE: Reclassification of Upper Bingaman Creek
From : Matt Herrera <Matt.Herrera@cityoffederalway.com>
Subject : RE: Reclassification of Upper Bingaman Creek
To : 'Iburnstad@comcast.net' <Iburnstad@comcast.net>
L-ai i y -,
Fri, Jul 10, 2015 11:16 AM
e?1 attachment
Be sure to add (and provide the email string as an attachment) Larry Fisher's assessment that WDFW does not
consider that reach Type F water. Submit to the Permit Center and they will provide you a file number. —Matt
Matt Herrera, AICP
Senior Planner
Federal Way
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253.835.2638 Fax: 253.835.2609
www.cit o-f!'edei'a1wa Y.con,i
From: Iburnstad@comcast.net [mailto:lburnstad@comcast.net]
Sent: Tuesday, July 07, 2015 1:20 PM
To: Matt Herrera
Subject: Reclassification of Upper Bingaman Creek
Matt --
Hope you had a save and sane 4th. Pretty quiet out here in the country, but it sounded like
a war zone to the west on the Muckleshoot Reservation.
I have attached a memo requesting the reclassification of Upper Bingaman Creek. Please
review and provide me with comment if there need to be any revisions or additions.
Also, as I mentioned during our last conversation, if the need arises, I would be happy to
come to your office and meet with the City staff to explain the rational for my request. Just
let me know when.
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I will be out of town for about a week during the latter part of J y and I have a commitment
on July 16th in the morning. Other than that I am available.
Thanks.
Larry D. Burnstad, Senior Environmental Consultant
Watershed Dynamics 360.825.9253 (Office) 206.953.5385 (Cell)
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RE: Siphon Culvert on Bingaman Creek in Federal Way
From : Matt Herrera <Matt.Herrera@cityoffederalway.com>
Subject : RE: Siphon Culvert on Bingaman Creek in Federal Way
To : Larry D'Fisher (DFW)' <Larry.Fisher@dfw.wa.gov>
Cc : Iburnstad@comcast.net
Thanks Larry, appreciate the clarification.
From: Fisher, Larry D (DFW) [mailto:Larry.Fisher@dfw.wa.gov]
Sent: Friday, June 26, 2015 10:44 AM
To: Matt Herrera
Subject: RE: Siphon Culvert on Bingaman Creek in Federal Way
Fri, Jun 26, 2015 10:47 AM
01 attachment
We don't normally think in those terms. When doing water typing, some point has to be selected for the type
break from F to N water. This could be a natural barrier or increase in gradient.
From: Matt Herrera [mailto: Matt. Herrera ci offecleralway. com]
Sent: Friday, June 26, 2015 10:38 AM
To: Fisher, Larry D (DFW)
Subject: RE: Siphon Culvert on Bingaman Creek in Federal Way
So would the lack of habitat not constitute a fish passable barrier and the manual would need to be used to
identify a potential barrier?
From: Fisher, Larry D (DFW) [ ilto:Larry.Fisher @dfw.wa.Q
Sent: Friday, June 26, 2015 10:29 AM
To: Matt Herrera
Subject: RE: Siphon Culvert on Bingaman Creek in Federal Way
Hi Matt:
WDFW considers the quantity of potential habitat upstream of a human caused barrier when deciding whether
to require fish passage at a project site. This was the type of decision that was made for the siphon project. I
consider the stream to lack sufficient habitat upstream of S. 288th and for some distance downstream.
A formal evaluation would require a Level A or B barrier assessment per the WDFW Fish Passage Barrier and
Surface Water Diversion Screening Assessment and Prioritization Manual, which may be accessed on
our website by typing fish passage in the search box.
Larry Fisher
WDFW Area Habitat Biologist
1775 12th Ave NW Suite 201
Issaquah, WA 98027
425-313-5683
FAX 425-427-0570
Cell: 425-449-6790
<')f{}1>< <')f{1}><
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7/29/20V -i
XFIN ITY Connect
From: Matt Herrera [ma iito: Matt. Herrera Pcityoffederalway.com]
Sent: Friday, June 26, 2015 10:16 AM
To: Fisher, Larry D (DFW); Iburnstad@comcast.net
Subject: RE: Siphon Culvert on Bingaman Creek in Federal Way
Hi Larry,
Thanks for the follow-up on the phone yesterday. I wanted to clarify one more item as I want to make sure we
begin implementing the city's new critical areas ordinance consistently.
Regarding the city's new definition of Type F streams and how it relates to fish passable. The code states:
streams that are fish passable, as determined by a qualified professional based on review of stream flow,
gradient and natural barriers, and criteria for fish passability established by the Washington Department of
Fish and Wildlife.
You had mentioned in your email and on the phone yesterday that there is insufficient habitat upstream of the
288th culvert to support fish which makes sense due to the obstruction. My question and what I wanted to
confirm is the lack of habitat for fish considered a fish passability criterion for WDFW?
Thanks in advance for clarification here. —Matt
Matt Herrera, AICP
Senior Planner
. Federal Way
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2638 Fax: 253/835-2609
www.cityoffed e ra Tway. co l_�
From: Fisher, Larry D (DFW) [iiTailto:Lar .Fisher dfw.wa. ov]
Sent: Thursday, June 18, 2015 2:19 PM
To: iburnstad(d)comcast.net
Cc: Matt Herrera; Gian Singh; Rick Williams
Subject: RE: Siphon Culvert on Bingaman Creek in Federal Way
Hi Larry.
I am familiar with the site and issued an HPA for the siphon at S. 288th St. I recollect concluding there was not
sufficient habitat upstream of that location to sustain fish life. It is a location I am comfortable calling non -fish
water. I am not certain where I would start the F water somewhere downstream.
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7/29/2015 XFINITY Connect
Larry Fisher
WDFW Area Habitat Biologist
1775 12th Ave NW Suite 201
Issaquah, WA 98027
425-313-5683
FAX 425-427-0570
Cell: 425-449-6790
<') ffl >< <N0J><
From: iburnstad comcast.net [mailto:lburnstadncomcast,netl
Sent: Thursday, June 18, 2015 10:53 AM
To: Fisher, Larry D (DFW)
Cc: Matt Herrera; Gian Singh; Rick Williams
Subject: Siphon Culvert on Bingaman Creek in Federal Way
Larry --
Several years ago we spoke about the section of Bingaman Creek upstream of S 288th
Street. Bingaman Creek, tributary to the Green River, is a fish bearing stream up to 46th Ave
S where the first human -made barrier is located. Upstream of that location there is
Bingaman Pond, which is impassable during parts of the year when there is low or no flow.
Upstream of the pond the stream crosses under I-5 in another human -made barrier (a 120-
foot to 160-foot long culvert under the freeway). With the exception of the low/no flow
barrier at the downstream end of the pond, the human -made fish passage barriers could be
fixed.
There is, however, another human -made barrier upstream on the west side of the freeway.
That is the siphon culvert under S 288th Street where the street goes under the freeway.
The invert elevation of the stream channel on both sides of the street is considerably higher
(T to 4') than the road surface of the street. It is my understanding the siphon drain was
installed and vertical curve of S 288th Street was lowered when the freeway was constructed.
The siphon culvert and the lowering of the street were implemented either to avoid having
to construct an overpass at S 288th Street or because the vertical curve of the freeway would
not allow construction of any overpass at that location.
Whatever the case, the siphon culvert is a human -made fish passage barrier. It is
impassable in both the upstream and downstream direction.
So what's the issue?
The City of Federal Way, in both the old code and the proposed new code, classifies a stream
section upstream of a human -made fish passage barrier the same as the stream section
downstream of the barrier. According to Matt Herrera, this approach is partially predicated
on WDFW Policy regarding human -made fish passage barriers as being barriers that can be
modified or re -engineered to allow fish passage. As a result, Bingaman Creek upstream of S
288th Street is classified by the City as a "Major Stream" under the current code and as a
'Type F Stream" under the proposed new code.
https:Uweb.mail.comcast.net(zimbra/h/printmessage?id=352601&tz=America/Los_Angeles&xim=1 3(4
7/29/2015 ,
XFINITY Connect
I met with Matt Tuesday afternoon and we discussed the issue regarding how to classify a
stream section upstream of a human -made fish passage barrier that cannot be modified or
corrected to allow passage because there is no feasible engineering solution. Matt
understands that fish cannot now and, short of a major modification to S 288th Street and
construction of an overpass at I-5, will never be able to pass the siphon culvert to use the
section of Bingaman Creek upstream of S 288th Street. In addition, Matt is aware that
section of stream has no flow during the dry season every year.
But, Matt cannot change the classification unless he receives a letter from WDFW indicating
the department will treat the section of Bingaman Creek upstream of S 288th Street as a
non -fish bearing stream (Type N).
That's where I need help from you. We can go out and take a look at the crossing or I can
meet you somewhere to discuss the issue in more detail, but I could really use some help
getting this resolved. Please give me a call or send me an e-mail so we can get together.
Thanks.
Larry D. Burnstad, Senior Environmental Consultant
Watershed Dynamics 360.825.9253 (Office) 206.953.5385 (Cell)
�m 4f
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