Chapter 320 Environmental Considerations

320.01 General
320.02 References
320.03 Determining the Environmental Documentation
320.04 Design Process and Permit Interaction
320.05 Environmental Commitments Meeting
320.06 Environmental Review and Permitting
320.07 Environmental Considerations
320.08 Land Use
320.09 Air Quality
320.10 Noise
320.11 Water Quality
320.12 Propwash, Vessel Wakes, and Sedimentation
320.13 Ecosystems and Protected Species
320.14 Earth (Geology and Soils)
320.15 Hazardous Materials
320.16 Traffic/Congestion
320.17 Visual Quality
320.18 Tribal Resources and Treaty Rights
320.19 Cultural, Historical, and Archaeological Resources
320.20 Park and Recreation Lands
320.21 Department of Natural Resources Lands
320.22 Resource Agency and Tribal Coordination
320.01 General
This chapter provides an overview of potential environmental impacts and environmental
regulatory obligations as they relate to ferry terminal design. This chapter does not provide
National Environmental Policy Act (NEPA) or State Environmental Policy Act (SEPA) level
analysis, but rather provides a qualitative assessment of the major environmental elements that
could pose substantial issues for future ferry terminal development. Refer to the WSDOT
Environmental Procedures Manual and WSF Terminal Engineering Environmental Approvals
and Permitting Procedures Manual for a more detailed discussion of environmental issues and
requirements.
This chapter briefly discusses potential environmental impacts including land use, air quality,
noise, water quality, propwash, vessel wakes and sedimentation, ecosystems and protected
species, earth, traffic, Tribal resources and treaty rights, cultural, historical and archaeological
resources, park and recreational lands, and Department of Natural Resources Lands. Further
environmental impact analysis will be required on a project-by-project basis.
This chapter is included in the Terminal Design Manual for use as a reference throughout the
design process to ensure that:
Environmental conditions are complied with (all required permits are obtained and all permit
conditions, such as in-water work windows or construction BMPs, are adhered to).
Environmental commitments that have been made to agencies, local governments, or Tribes
(mitigation assurances for specific impacts) are captured in project design.
Terminal Design Manual M 3082 Page 320-1
January 2014
Environmental Considerations Chapter 320
There is an understanding that design changes could result in additional environmental
conditions or commitments, which in turn could impact permitting, scheduling and project
costs.
320.02 References
Unless otherwise noted, any code, standard, or other publication referenced herein refers to the
latest edition of said document.
(1) Federal/State Laws and Codes
16 United States Code (USC) Chapter 31, Marine Mammal Protection
16 USC Chapter 35, Endangered Species
23 Code of Federal Regulations (CFR) 771.117, Categorical exclusions
40 CFR 1508.4, Categorical exclusion
Directional Memo ESO-2011-01, Complete Permit Application Drawing Guidance
National Historic Preservation Act, Archaeological and cultural resources
Executive Order 05-05, Archeological and cultural resources
Executive Order 13186, Responsibilities of federal agencies to protect migratory birds
National Environmental Policy Act (NEPA), U.S. Environmental Protection Agency
Revised Code of Washington (RCW) 27.34.200, Archaeology and historic preservation
Legislative declaration
State Environmental Policy Act (SEPA), Washington State Department of Ecology
Washington Administrative Code (WAC) 25-12, Advisory council on historic preservation
(2) Design Guidance
Environmental Procedures Manual (EMP), M31-11, WSDOT
Traffic Noise Analysis and Abatement Policy and Procedures, WSDOT, 2006
WSDOT Noise Policy and Procedures, 2011
(3) Supporting Information
WSDOT Ferries Division Final Long-Range Plan (Long-Range Plan), WSDOT, 2009
Greenhouse Gas Inventory, WSDOT, 2007
The Washington Climate Change Impacts Assessment, the Climate Impacts Group, University of
Washington, 2009
Terminal Engineering Environmental Approvals and Permitting Procedures Manual, WSF
WSF Environmental Compliance Plan
Page 320-2 Terminal Design Manual M 3082
January 2014
Chapter 320 Environmental Considerations
320.03 Determining the Environmental Documentation
The Environmental Review Summary (ERS) provides the first indication of what form the
project environmental documentation will take. The ERS is generally developed as part of the
Project Summary, which is prepared during the scoping phase of all projects in the construction
program. However, the environmental section should be consulted during the design process in
case any rules, regulations, or laws have changed since initial scoping. The Environmental
Procedures Manual has detailed instructions on how to prepare the ERS. The ERS allows
environmental staff and designers to consider, at an early stage, potential impacts and
mitigation, and required permits. Refer to Chapter 200 for more information regarding the ERS.
Based on the environmental considerations identified during preparation of the ERS,
WSDOT projects are classified for NEPA/SEPA purposes to determine the type of environmental
documentation required. Projects with a federal nexus (using federal funds, involving federal
lands, or requiring federal approvals or permits) are subject to NEPA and SEPA. Projects that are
state-funded only follow SEPA guidelines. Since many WSDOT projects are prepared with the
intent of obtaining federal funding, NEPA guidelines are usually followed. TheEnvironmental
Procedures Manual provides detailed definitions of the classes of projects. It lists the types of
work typically found in each class, FHWA/federal agency concurrence requirements, and
procedures for classifying and, if necessary, reclassifying the type of environmental
documentation for projects.
Projects subject to NEPA are classified as Class I, II, or III as follows:
Class I projects require preparation of an EIS because the action is likely to have
significant adverse environmental impacts.
Class II projects are Categorical Exclusions (CE) or Documented Categorical Exclusions
that meet the definitions contained in 40 CFR 1508.4 and 23 CFR 771.117. These are
actions that are not likely to cause significant adverse environmental impacts. Per 40 CFR
1508.4 these projects do not require an environmental assessment or an environmental
impact statement. 23 CFR 771.117 defines which actions meet criteria for CEs and the level
of NEPA approval required by the Administration.
Class III projects require an Environmental Assessment (EA) because the
significance of the impact on the environment is not clearly established.
SEPA has a similar, but not identical, system. SEPA recognizes projects that are categorically
exempt, projects that require an EIS, and projects that do not require an EIS. WSF projects that
are CEs under NEPA (Class II) may not be categorically exempt under SEPA.
If the project is not exempt under SEPA, WSF must issue a threshold determination and then
prepare a SEPA Checklist or EIS. The threshold determination may be a Determination of
Non-significance (DNS) or a Determination of Significance (DS) requiring an EIS. WSDOT
may adopt a NEPA EA Finding of No Significant Impact (FONSI) to satisfy the
requirements for a DNS.
320.04 Design Process and Permit Interaction
WSF projects are subject to a variety of federal, state, and local environmental permits and
approvals that might be required based on the information known at that stage. As a project
design develops, additional permits and approvals may be identified.
Terminal Design Manual M 3082 Page 320-3
January 2014
Environmental Considerations Chapter 320
Environmental permits and approvals require information prepared during the design phase to
demonstrate compliance with environmental rules, regulations, and policies. Typically the
designer provides design information for permit submittals at the 30% Design milestone. To
avoid delays in project delivery, it is necessary for the designer to understand and anticipate this
exchange of information. The timing of this exchange often affects design schedules, while the
permit requirements can affect the design itself. In complex cases, the negotiation over permit
conditions can result in iterative designs as issues are raised and resolved. Environmental permits
and approvals can be determined, and application started with 15% design information.
The interaction of design and permitting increases in complexity as the project type becomes
more complex. Table 500-1 of the Environmental Procedures Manual provides a comprehensive
list of the environmental permits and approvals that may be required for WSDOT projects. For
each permit or approval, the responsible agency is identified, the conditions that trigger the permit
are listed, and the statutory authority is cited. Consult the region or HQ Environmental Office at
each stage of the project design to review the permits and approvals that might be required based
on the project design. WSF Terminal Engineering Environmental Approvals and Permitting
Procedures Manual provides a comprehensive step-by-step approach to environmental permitting
and approvals
320.05 Environmental Commitments Meeting
WSDOT Project Delivery Memo #09-01, Incorporating Environmental Commitments into
WSDOT Contracts, requires that an Environmental Commitments Meeting take place at the 60%
Design milestone with Construction, Environmental and Plan Review Offices and any other
support group deemed necessary by the Design Office. The intent of this memorandum is to:
1. Recommend steps for a successful Environmental Commitments Meeting
2. Describe deliverables resulting from the Environmental Commitments Meeting
3. Identify resources Regions can use during the Environmental Commitments Meeting
4. Identify roles and responsibilities so regions can successfully incorporate environmental
commitments into contracts.
WSF maintains an environmental compliance plan to ensure projects are designed, constructed
and maintained in accordance with environmental commitments made through the environmental
documentation and permitting process. As part of this compliance plan, the Terminal Engineering
environmental staff will work collaboratively with the Terminal Engineering Design and
Constructions staff to ensure that all permit conditions are incorporated into contract provisions
and copies of all permits are included in the contracts. Permits are typically included as an
appendix to the special provisions. For additional information, refer to the WSF Environmental
Compliance Plan in Appendix N.
320.06 Environmental Review and Permitting
(1) Environmental Review
The environmental review process for WSF projects is guided by provisions of the NEPA and the
SEPA, and guidance by the United States Department of Transportation (USDOT) and the
WSDOT with regard to those laws. Understanding and anticipating what permits and approvals
may be required for a particular project, along with how long it is likely to take to obtain said
permits/approvals, will assist the designer in project delivery. The following paragraphs
summarize some of the common federal, state and local permits and approvals that may apply to
Page 320-4 Terminal Design Manual M 3082
January 2014
Chapter 320 Environmental Considerations
ferry terminal projects. Refer to the Environmental Procedures Manual for a comprehensive
discussion of permits and approvals.
(2) Federal Permits and Approvals
Exhibit 320-1 identifies some of the federal permits and approvals commonly required for WSF
projects along with their responsible agencies. Where quantifiable, a typical time range to obtain
these permits/approvals is provided.
Permits/Approvals with Timelines Responsibl e Agency
National Environmental Policy Act (NEPA)
Federal Highway Administration/Federal
Transit Administration, WSDOT
Endangered Species Act (ESA): 3 to 9 months
NOAA Fisheries, U.S. Fish and Wildlife
Service
National Historic Preservation Act Section
106
Department of Archaeology and Historic
Preservation/State Historic Preservation
Officer
Clean Water Act Section 404: 6 to 12
months
U.S. Army Corps of Engineers,
Environmental Protection Agency, U.S.
Coast Guard
Rivers and Harbors Act - Section 10: 6 to 12
months
U.S. Army Corps of Engineers
Section 4(f) of USDOT Act See NEPA
United States Department of
Transportation
Marine Mammal Protection Act (MMPA): 6 to
12 months
NOAA
Federal Permits and Approvals
Exhibit 320-1
(3) State Permits and Approvals
Exhibit 320-2 identifies some of the state permits and approvals commonly required for WSF
projects along with their responsible agencies. Where quantifiable, a typical time range to obtain
these permits/approvals is provided.
Permit Responsibl e Agency
State Environmental Policy Act (SEPA):
30 days to 2 years
Department of Ecology
Clean Water Act Sections 401 and 402 Department of Ecology
Coastal Zone Management Certificate:
30 days
Department of Ecology
Aquatic Lands Use Authorization Department of Natural Resources
Hydraulic Project Approval: 45 days Department of Fish and Wildlife
National Pollution Discharge Elimination
System Construction Stormwater Permit
Department of Ecology
Terminal Design Manual M 3082 Page 320-5
January 2014
Environmental Considerations Chapter 320
National Pollution Discharge Elimination
System Industrial and/or Municipal Permits
Department of Ecology
Governor's Executive Order 05-05
Department of Archaeology and Historic
Preservation and the Governor's Office of
Indian Affairs
State Permits and Approvals
Exhibit 320-2
(4) Local Permits and Approvals
Exhibit 320-3 identifies some of the local permits and approvals commonly required for WSF
projects. Local permits and approvals will vary by ferry terminal depending on the statutory
authority for the terminal location.
Permits and Approvals
SMP Shoreline Substantial Development Permit: 120 days
SMP Conditional Use Permit or Variance
Special Use Permit
SMP Exemption
Clearing and Grading Permits
(not required within WSF right of way)
Building Permit
Land Use Permit
Street Use Permit
Noise Variance
Height Variance
Detour and Haul Road Agreements
Well Decommissioning
Local Permits and Approvals
Exhibit 320-3
(5) Local Programmatic Shoreline Permit Exemptions
WSF has several existing programmatic shoreline permit exemptions with local jurisdictions at
existing WSF terminals. As these permit exemptions change over time, coordinate with the WSF
Environmental Manager for current permits and additional details.
(6) Federal /State Systemwide and Programmatic Permits
WSF has several existing systemwide and programmatic permits with the U.S Army Corps of
Engineers (Corps), the Washington Department of Fish and Wildlife (WDFW), and Washington
State Department of Ecology (Ecology) that cover certain activities at WSF facilities. The
activities covered under these permits change as existing permits expire and new permits are
obtained. Activities covered by these permits at the time of the Terminal Design Manual
publication, along with the corresponding permitting agencies, are included in Exhibit 320-4.
Page 320-6 Terminal Design Manual M 3082
January 2014
Chapter 320 Environmental Considerations
Coordinate with the WSF Environmental Manager for current information on systemwide and
programmatic permits along with their conditions and expiration dates.
(7) Permit Drawing Requirements
Many permits have associated permit drawings that are required as part of the permit package.
These often include type, size and location (TS&L) information for various design features.
Permit drawings and their requirements differ from standard WSF design drawing requirements.
Refer to Directional Memo ESO-2011-01, Complete Permit Application Drawing Guidance, for
additional information.

Terminal Design Manual M 3082 Page 320-7
January 2014
Environmental Considerations Chapter 320

PERMITTED ACTIVITIES
PERMITTING AGENCY
CORPS WDFW ECOLOGY
Repair/Replace Rub Timbers X X X
Repair/Replace Polyethylene Panels X X X
Repair/Replace Cross-bracing, Stringers,
Other Overwater Wood
X X X
Repair/Replace Dolphin Panels X X X
Repair/Replace Hanger Bars X X X
Repair/Replace Dolphin-Fender Pile Lashing X X X
Repair/Replace Anchor Chains X X X
Repair/Replace Counterweights/Cables X X X
Repair/Replace Pontoons X X X
Repair/Replace Transfer Spans and Parts
Thereof
X X X
Repair/Replace Components of Floating
Dolphins
X X X
Repair/Replace Cathodic Protection Anodes X X
Replace Piles X X X
Sediment Test Boring X X X
Deck and Drain Cleaning X X
Deck Overlay Replacement X X
Cleaning, Washing, Marine Growth Removal X X
Painting, Prep. Cleaning, Washing, Abrasive
Blasting, Marine Growth Removal
X X
SPECIAL PROVISIONS:
Fish Windows X X X
Saltwater Vegetation Protection Window X
Filtered Paint Prep Washing Window X
Pre-construction Notification X
Post-construction Notification X
Annual Reporting Date X
Systemwide and Programmatic Permits
Exhibit 320-4

Page 320-8 Terminal Design Manual M 3082
January 2014
Chapter 320 Environmental Considerations
320.07 Environmental Considerations
Exhibit 320-5 provides guidance to the designer regarding potential environmental impacts to be
considered during the design process. This matrix provides a checklist of environmental issues
commonly related to the design of each terminal element. An X on the matrix indicates that the
noted environmental issue should be considered in the design of the corresponding terminal
element. A blank cell indicates that the noted environmental issue typically is not linked to (or
impacted by) the design of the corresponding terminal element. This matrix is intended as a
design aid only. No design documentation is required in connection with this matrix.
Note that improving conditions for one environmental element may have a negative impact on
other elements. For example, increasing the percentage of terminal development on land will
likely have a positive influence on overwater coverage, but may have a negative impact on such
constraints as waterfront access, traffic, noise, and visual quality. Environmental improvements
may also have a significant impact on cost and/or operations.
The paragraphs that follow describe in more detail some of the key issues and mitigation
strategies associated with the environmental considerations in Exhibit 320-5 and how they may
pertain to WSF projects.
Terminal Design Manual M 3082 Page 320-9
January 2014
Chapter 320 Environmental Considerations
Environmental Considerations General Design Criteria
Terminal Building
Design
Site Design Waterside Development
Design Elements
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Compliance with local comprehensive plans,
zoning maps and shoreline master programs
X X X X X X X X X X X X X X
Change in land use X X X X X X
Benefit or detriment to local economy X X X X X X X X
Air Quality
Number of idling vehicles (ferry traffic
backup/queuing)
X X X X X X X X X X X
Construction BMPs (dust control, diesel
engine emissions, etc.)
X X X X
Use of vessels that maximize fuel efficiency
and minimize vessel emissions
X
Noise
Compliance with local noise ordinances (limit
construction noise levels on nights and
weekends)
X X X
Pile driving (pile material, installation method,
use of pile driving pads and noise attenuators)
X X X X X X X
Ferry operations (noise from
loading/unloading &vessel engines)
X X X X X X X
Proximity of terminal to residential areas X
Water Quality
Construction BMPs X X X X X X X X X X X X
Erosion control X X X X X X
LIDs (e.g. pervious pavement, vegetated
strips/swales, etc refer to Chapter 580)
X X X X X X X X
Area of upland disturbance X X X X X X X X X X X X X X X X
Increase in impervious area X X X X X X X X X X X
Dredging / filling X X X X X X X X X X
Environmental Considerations Matrix
Exhibit 320-5




X = Environmental issue commonly linked to noted design element.

Terminal Design Manual M 3082 Page 320-9
November 2013
Environmental Considerations Chapter 320


Environmental Considerations General Design Criteria
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Building Design
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Design Elements
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Propwash, Vessel Wakes, and Sedi mentation
Impact on intertidal aquatic habitat X X X X X X X X X X
Impact on beach as recreation resource X X X X X
Impact on ability of beach to dissipate wave
energy
X

X X X
Ecosystems and Protected Species
Loss of habitat X X X X X X X X X X X X X X X
Overwater coverage (shading impacts) X X X X X X X X X X X
Distance in shadowfor migrating fish X X X X
LIDs (e.g. light-emitting glass blocks &grating,
solar tubes, minimize nearshore overwater
coverage, etc refer to Chapter 580)
X X X

X X X X
Changes to harbor line X X X X
Underwater noise impacts fromsteel pile
driving

X
X X X X X X
Length of shoreline used by ferry terminal X X X
Distance fromferryoperations to nearshore
(wake-wash and propeller scour)
X

X X X
Dredging / filling X X X X X
Earth (Geology and Soi ls)
Identification of geologically hazardous areas
&risks

Erosion X X X X X X X
Liquefaction X X X X X X X X X
Stormsurges X X X
Environmental Considerations Matrix (continued)
Exhibit 320-5








X = Environmental issue commonly linked to noted design element.

Page 320-10 Terminal Design Manual M 3082
November 2013
Chapter 320 Environmental Considerations
Environmental Considerations General Design Criteria
Terminal
Building Design
Site Design Waterside Development
Design Elements
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X X X X X X X X X X X X X X X X X X X X X
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X X X X X X X X X X
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X X X X X X X X X X X X X X
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X X X X X X X X
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X X X X X X X X X X
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X X X X X X X X X X
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X X X X X X X X
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X X X X X X
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Tribal Resources and Treaty Rights
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Environmental Considerations Matrix (continued)
Exhibit 320-5



X = Environmental issue commonly linked to noted design element.
[1] = Lead Paint

Terminal Design Manual M 3082 Page 320-11
November 2013
Environmental Considerations Chapter 320

Environmental Considerations General Design Criteria
Terminal
Building Design
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X X X X X X X X X X X X X X X X X X X X X X X X X X
Park and Recreation Lands
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Area available for open space/restoration X X X
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Environmental Considerations Matrix (continued)
Exhibit 320-5




X = Environmental issue commonly linked to noted design element.

Page 320-12 Terminal Design Manual M 3082
November 2013
Chapter 320 Environmental Considerations
320.08 Land Use
(1) Existing Land Use
Land uses at ferry terminal locations include recreational, residential and commercial. The
communities in which the ferry terminals reside are linked in varying degrees to the economic
conduit that the ferry system provides. In some cases this economic relationship has been an
important factor in the land use development of the community.
Local comprehensive plans, zoning maps and shoreline master programs designate the ferry
terminals as ferry terminal facility, commercial, industrial or urban waterfront that allow the
location of the terminal facilities. The establishment of ferry terminal facilities predates the
Growth Management Act and Shoreline Management Act.
(2) Changes in Land Use
Improvements and operation of the ferry system can affect land uses in several ways. When there
is a change in the size or location of a terminal facility, there would be near-term changes to
properties being used. There may also be medium term changes in the local area, if the economy
realizes benefit or detriment from the changes to the terminals. In addition, changes in ferry
service can also affect local land use to the extent that the ferry service provides access to
properties, facilitating movement of money and goods in the local economy.
The WSF ferry system plan, the Long-Range Plan, takes account of the critical interaction
between local land use and the provision of ferry services. This is accomplished by:
Relying on adopted comprehensive plans as the land use basis for ferry planning;
Using local and regional data sets and tools in technical analyses;
Developing ferry strategies and programs to align with adopted State and local transportation
and land use goals; and
Involving local and regional entities in plan-making.
Strategies that have been developed in the Long-Range Plan are not expected to change the land
uses of any of the ferry communities with possible exception of Mukilteo, where the terminal
may be relocated. At Mukilteo, if feasible, the terminal will be relocated to an abandoned
industrial property to allow active, urban waterfront commercial uses at the current terminal
location.
320.09 Air Quality
(1) Regulation
Air quality in the Puget Sound region is regulated by the U.S. Environmental Protection Agency
(EPA), Ecology, and the Puget Sound Clean Air Agency (PSCAA). Under the Clean Air Act,
EPA has established the National Ambient Air Quality Standards (NAAQS), which specify
maximum concentrations for carbon monoxide, particulate matter (PM10 and PM2.5), ozone,
sulfur dioxide, lead, and nitrogen dioxide. In, addition, the state has recently established statutory
requirements regarding green house gas emission reductions for state agencies. The Puget Sound
Clean Air Agencys 2005 Air Quality Data Summary indicates that, with the exception of fine
particulate matter (PM2.5) and ozone, criteria air pollutants concentrations are well below levels
of concern for the region. Particulate matter includes small particles of dust, soot, and organic
matter suspended in the atmosphere. Particulates less than 100 micrometers in diameter are
measured as total suspended particulates. Most diesel engine emissions are in the PM2.5 size
Terminal Design Manual M 3082 Page 320-13
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Environmental Considerations Chapter 320
range, while road and construction dust is often in the larger PM10 range. Most transportation
related fine particulate emissions come from diesel engine emissions, which release fine
particulates both directly, mostly as carbon compounds and indirectly in the form of sulfur
dioxide, a gas that reacts in the atmosphere to form sulfate particulates.
Near the Puget Sound, PM2.5 and PM10 concentrations tend to be highest in fall and winter
during periods of air stagnation and high use of wood for heat. Current monitored levels of PM2.5
violated recently adopted (2006) federal standards in Pierce County. Other air pollutants of
concern for transportation projects include mobile source air toxics and greenhouse gases.
Ozone is a highly toxic combination of oxygen atoms and is a major component of the complex
chemical mixture that forms photochemical smog. Ozone is not produced directly, but is formed
by a reaction between sunlight, nitrogen oxides (NOx), and volatile organic compounds (VOCs).
Ozone primarily is a product of regional vehicular traffic, point source emissions, and fugitive
emissions of the ozone precursors. Tropospheric (ground-level) ozone, which results from
ground-level precursor emissions, is a health risk, while stratospheric (upper-atmosphere) ozone,
which is produced through a different set of chemical reactions that only require oxygen and
intense sunlight, protects people from harmful solar radiation.
In the Puget Sound area, the highest ozone concentrations occur from mid-May until mid-
September, when urban emissions are trapped by temperature inversions followed by intense
sunlight and high temperatures. Approximately thirty percent of nitrogen oxides and volatile
organic compounds come from mobile sources. Maximum ozone levels generally occur between
noon and early evening, after nitrogen oxides and volatile organic compounds have had time to
mix and react under sunlight, and at locations several miles downwind from the sources. Light
northeasterly winds producing these conditions contribute to high ozone concentrations near the
Cascade foothills, to the south and southeast of the Seattle-Tacoma Metropolitan Area.
Automobiles, ferry vessels, and other vehicles using fossil fuel also emit greenhouse gases,
primarily carbon dioxide. Greenhouse gases trap solar energy in the atmosphere, warming the
earths surface. While greenhouse gases occur naturally in the atmosphere (without them the
average temperature of the earth would be below freezing), human activities over the last century
have released additional greenhouse gases.
Currently, approximately 49% of all greenhouse gas emissions in Washington State are from
transportation, including on-road and off road vehicles, ferry vessels, rail transport, and air travel.
WSF vessels burn approximately 17 million gallon of diesel fuel annually. Based on the 2007
WSDOT Greenhouse Gas Emissions Inventory, these 17 million gallons account for
approximately 69 percent of WSDOTs green house gas emissions. In the 2009-11 biennium, this
amount is expected to be reduced to about 15 million gallons as a result of fuel conservation
efforts.
(2) Effects on Air Quality
The operation of the ferry system affects air quality and greenhouse gas emissions through both
the emissions of passenger vehicles using the system and through the operation of the system
itself.
(a) Potential Emissions Reductions from Passenger Vehicles
Air quality improvements are anticipated in the communities near terminals where the
proposed reservation system will be implemented. Emissions from passenger vehicles using
the ferry system will be reduced by shortening the cues of idling vehicles. Currently, vehicle
cues frequently extend far beyond the toll booths at many terminals during peak travel
periods. Vehicles beyond the toll booths are encouraged, but not required, to shut-off vehicle
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Chapter 320 Environmental Considerations
engines. It is unknown whether passengers will modify their sailing time to use the
reservation system or will choose to drive around to travel at their preferred time. Air
emissions will be affected if travelers elect to drive around southern Puget Sound to reach
their destination.
In addition to the savings from passenger vehicles, implementation of the reservation system
is expected to reduce the number of vessels needed to meet projected demand, and
consequently avoid fleet emissions that would occur if vessels and vessel sailings were added
to meet projected demand, as proposed under previous long range system planning efforts.
(b) Potential Emissions Reductions from the Ferry System
The Long-Range Plan delays the installation of transit-related improvements to the terminals
until increased walk-on ridership is realized, and maintains the current cost pricing ratio
between vehicles and passengers. The delay to terminal transit improvements, and not
changing the pricing strategy, will likely delay the shift of ferry ridership from single
occupancy vehicles to alternative modes of transit. This assumption is based on the ease of
use, accessibility and cost factors that affect transportation choices. If this assumption is
accurate, then it may be difficult for the ferry system to contribute to statutory per capita
vehicle miles traveled and greenhouse gas reduction targets. Delaying a greater shift to transit
will also delay the realization of potential reductions in criteria pollutants associated with
transit use. The proposed new vessels are designed to maximize fuel efficiency and will meet
new EPA standards for emissions control. The replacement of the fleets oldest vessels with
vessels that meet current EPA standards is expected to reduce emissions of criteria pollutants
from the fleet.
320.10 Noise
(1) Noise Regulation
As more people choose to live along the shores of the Puget Sound, noise from the loading of
ferries and their engines has become a greater concern for residents near ferry terminals. The
regulation of noise typically is the responsibility of state and local governments through noise
limits established by local ordinances and state regulations. For example, many cities and
counties have established ordinances that limit construction noise levels at night and on
weekends. It may be possible to obtain a noise variance from the jurisdictional authority in cases
where the existing regulations would have a major detrimental impact on the project (note that
Island County does not issue noise variances). WSDOT also evaluates traffic and transit noise as
part of the NEPA/SEPA process when new terminals are constructed or substantial improvements
are made. The Federal Highway and Federal Transit Administrations provide criteria for
evaluating noise impacts from transportation sources. Refer to the 2006 WSDOT Traffic Noise
Analysis and Abatement Policy; 2011 WSDOT Traffic Noise Policy and Procedures; and
Environmental Procedures Manual Section 446.07(2). WSDOT uses these and other applicable
criteria to evaluate proposed projects during project-level environmental reviews.
(2) Noise Effects
Terminal preservation and improvements identified in the Long-Range Plan may have significant
noise related impacts during construction (e.g. pile driving, demolition, materials hauling, etc).
During project development and implementation, it is WSDOTs practice to work with the
applicable cities and counties to minimize noise related construction impacts, as is practicable,
and ensure compliance with local ordinances. Implementation of the Long-Range Plan is unlikely
to cause noticeable changes to the noise levels associated with system operations. WSDOT
studies indicate that the loudest source of noise at the terminals during operations is from
passenger vehicle loading and unloading. Reducing vehicle noise may require noise barriers in
Terminal Design Manual M 3082 Page 320-15
November 2013
Environmental Considerations Chapter 320
front of homes (blocking scenic views) or converting the fleet to different vessel types, which is
beyond the resources of the department. Noise compatible land use is another approach and
involves cities and counties limiting new building permits and remodel approvals near ferry
terminals, or requiring the incorporation of noise reduction standards in new or remodeled homes,
thus transferring potential noise mitigation responsibility to owners and developers. Consider
placement of speakers for terminal PA systems and their effect on noise levels in the vicinity of
the terminal.
320.11 Water Quality
(1) Water Quality Issues
Stormwater runoff from highways and other paved surfaces (such as ferry terminals) has been
shown to contain a range of pollutants including particulates and solids, nitrogen and phosphorus
compounds, heavy metals, and oil and grease. These pollutants are directly related to vehicular
use of the paved facilities and have the potential for adverse impacts on water resources that they
drain into. Potential impacts resulting from these pollutants depend on a number of variables
including: rainfall duration and intensity, the number of dry days preceding intense rainfall,
surrounding land uses, air quality, vegetation types, spills on roadways, improperly disposed
waste and fluids, maintenance activities, and health of the surrounding ecosystem.
Additional threats to water quality at WSF terminals include: hydraulic fluid leaks/spills; sewage
line cracks; contamination from fecal coliform/pet waste areas; and uncontrolled runoff from
garbage and hazardous waste areas. Implement designs that address these environmental
concerns. Provide containment around hydraulic lines and terminal hydraulics. Provide
designated pet areas which either biologically treat pet waste or drain runoff to a treated
stormwater outlet. This is necessary due to increasing Total Maximum Daily Load (TMDL)
requirements with respect to fecal matter. Equip pet areas with pet waste collection stations (trash
receptacles and plastic baggies for pet waste). Cover garbage, recycle and hazardous waste areas;
collect runoff from these areas and route to a treated stormwater outlet. Refer to 560.07 for
information on stormwater design.
(2) Water Quality Regulation
Several policies and regulations directly affect water quality and focus on the impacts of growth
and development. These include the Federal Clean Water Act, the states Water Pollution Control
act, the Growth Management Act and Shoreline Management Act. Washington State Department
of Ecology has established detailed water quality criteria (Chapter 173-201A WAC) intended to
protect a variety of designated uses of state waters. Stormwater is regulated by Ecology through
stormwater management regulations for construction and operations of facilities, and Ecology is
responsible for implementing the National Pollutant Discharge Elimination System (NPDES) for
shoreside actions. In addition, the WDFW have regulatory authority over specific activities such
as ferry terminal cleaning, painting, general maintenance and repair, piling removal or
replacement and marine geotechnical sediment test boring, through Hydraulic Project Approvals
(HPA).
Ecology has issued a new WSDOT Municipal Stormwater General Permit that covers stormwater
discharges from ferry terminals, and is scheduled to issue a new Industrial Stormwater General
Permit that will cover stormwater discharges from ferry maintenance facilities. These permits
have or will increase the performance requirements over the previous permits.
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Chapter 320 Environmental Considerations
(3) Water Quality Impacts
Proposed demand management strategies are expected to minimize the holding area needed at the
terminals. Consequently, this is expected to reduce or avoid the need for addressing additional
pollution loading surfaces in the system.
During construction, implementation of a Temporary Erosion and Sediment Control (TESC) plan
will typically be required. A Stormwater Pollution Prevention Plan (SWPPP) will outline the
details of the proposed TESC measures and personnel responsible for their implementation.
Construction work will incorporate measures to reduce the potential for soil erosion and offsite
sediment transport, risk of accidental spills, and risk of surface water contamination resulting
from dewatering of excavations. A Spill Prevention, Control, and Countermeasures (SPCC) Plan
will be implemented during construction to reduce and control any accidental spills or leaks from
construction equipment. Include an SPCC Plan bid item in all contracts. BMPs will need to be
implemented during construction of onshore terminal facilities, to prevent adverse impacts on
surface water or ground water from the spill or leaching of hazardous materials, and for
construction of in-water facilities.
320.12 Propwash, Vessel Wakes, and Sedimentation
Human activities on and near the shoreline can affect coastal sediments in a number of ways.
Bulkheads and other shoreline armoring, and modifications to rivers and creeks, can cut off
sources of sediment to the beach. Structures built out into and beyond the intertidal zone can
affect the transport of sediment along the beach. Propwash and vessel wakes can cause shoreline
erosion and affect nearby bottom slope and bottom sediments. These and other effects can lead to
several adverse consequences:
The availability of the beach as valuable intertidal aquatic habitat can be reduced.
The value of the beach as a recreational resource can be reduced.
The performance of the beach in dissipating wave energy can be reduced, leading to the
potential for increased storm wave damage to upland infrastructure.
For this reason, it is important to consider the effect of any proposed project on the sources and
transport of coastal sediments. Vessels slips should be located so as to avoid any adverse impacts
due to propwash and vessel wakes.
All Waterside Development structural foundations shall be designed taking into account the
impacts of erosion or scour, sediment transport and sediment deposition. See Chapter 330 for
additional discussion regarding scour due to propeller wash.
320.13 Ecosystems and Protected Species
(1) Ferry System Ecosystem and Habitat
Puget Sound contains a wide variety of deepwater and nearshore habitats. These include rocky
shores, sandy beaches, coastal lagoons, kelp and seagrass beds, large estuaries and salt marsh
wetlands. Where sunlight penetrates the nearshore environment eelgrass, seaweed and plankton
grow (typically from 0 feet MLLW to -30 feet MLLW with the most productive area between 0
feet MLLW and -20 feet MLLW). The eelgrass, seaweed and plankton provide important shelter
and food for numerous invertebrates, herring, juvenile salmon and other fish, and diving birds.
The upland habitats adjacent to the terminals include urban city center, small towns, suburban and
rural environments. A few of the more rural terminals still have remnant second or third
generation stands of the Puget Trough coniferous forests that historically dominated the region.
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Environmental Considerations Chapter 320
(2) Protected Species
(a) Endangered Species Act
The Endangered Species Act (ESA) of 1973 provides a program for the conservation of
threatened and endangered plants and animals and the habitats in which they are found. The
lead federal agencies for implementing ESA are the U.S. Fish and Wildlife Service (FWS)
and the National Oceanic and Atmospheric Administrations National Marine Fisheries
Service (NMFS).
Species listed as endangered or threatened under the Endangered Species Act (ESA) in Puget
Sound, and that could occur at WSF ferry terminals or along routes include the Puget Sound
Chinook salmon (Oncorhynchus tshawytscha), bull trout (Salvelinus confluentus), Steller sea
lion (Eumetopias jubatus), marbled murrelets (Brachyramphus marmoratus marmoratus),
and Southern Resident Puget Sound killer whale (Orcinus orca). The other listed whale and
sea turtle species are typically found in off-shore coastal areas and are rare or absent in the
ferry terminal areas.
ESA consultation is conducted on projects that are federally funded, permitted or on federal
lands. Almost all WSF terminal construction projects entail either federal funding or federal
permitting. Permitting by the Corps under Section 404 of the Clean Water Act and Section 10
of the Rivers and Harbor Act is required when projects involve some level of dredging or
filling of navigable waters.
(b) Marine Mammal Protection Act
The Marine Mammal Protection Act (MMPA) of 1972 calls for an ecosystem approach to
natural resource management and conservation. The MMPA prohibits the take (i.e., hunting,
killing, capture, and/or harassment) of marine mammals, and enacts a moratorium on the
import, export, and sale of marine mammal parts and products. The primary authority to
manage the Act belongs to the FWS and the U.S. National Oceanic and Atmospheric
Administration (NOAA). The two agencies may issue permits under MMPA to persons,
including federal agencies, that authorize the taking or importing of specific species of
marine mammals.
In 1994, MMPA was amended to establish an expedited process by which citizens and
agencies of the U.S. can apply for an authorization to incidentally take small numbers of
marine mammals by "harassment", referred to as Incidental Harassment Authorizations or
IHAs. WSF has obtained IHAs for relatively short-term activities that might inadvertently
harass marine mammals. Most IHAs to date have involved the incidental harassment of
marine mammals by noise.
(c) Migratory Bi rd Treaty Act
The Migratory Bird Treaty Act (MBTA) of 1918 enacted legislation making it unlawful to
pursue, hunt, take, capture, kill or offer for sale native migratory birds. The responsibilities of
Federal agencies to protect migratory birds are set forth in Executive Order 13186. The U.S.
Fish and Wildlife Service is the lead agency for migratory birds.
(3) In-Water Work Windows
In-water work windows are established by the WDFW. The dates are dependent on endangered
species indigenous to the vicinity of the project site, which are to be identified by the U.S. Fish
and Wildlife Service and others, in compliance with the Endangered Species Act together with
permit conditions to be determined.
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Chapter 320 Environmental Considerations
The time during which in-water demolition may occur may be as much as 7 months or as little as
1 month during a given year and typically falls between mid-J uly and mid-February. The start and
end dates of the in-water work window are to be determined prior to the start of project
construction.
WSF currently holds general HPAs which allow for minor maintenance activities at the existing
ferry terminals. Projects falling under these current HPAs would not require additional approval
from the WDFW.
(4) Ecosystem and Protected Species Impacts
Implementation of a reservation system may reduce the terminal area foot-print requirements of
the ferry system both on land and over water, thereby reducing the quantity and scale of terminal
improvements projected for the future. The result is a reduction of likely impacts to aquatic and
terrestrial natural and cultural resources. Typical impacts from improvements to terminals include
shading from overwater structures, underwater noise impacts from steel pile driving, and changes
to the harbor line.
WSF follows a tiered approach for minimizing adverse impacts to protected wildlife, fish and
their habitats. Through project design, construction scheduling and implementation planning,
WSF first seeks to avoid potential adverse impacts to protected species and their habitat. If
impacts are unavoidable, WSF works to minimize the magnitude and duration of the impacts to
the extent feasible. Remaining impacts that are considered significant and adverse are mitigated
to the extent feasible and in accordance with local, state and federal regulations.
WSF conducts in-water pile driving to maintain the safety of key facilities at ferry terminals.
WSF/WSDOT is performing independent research and working jointly with other states and
resource agencies to identify how noise works underwater, how fish, marine mammals and diving
birds are affected by the noise, and what mitigation, if any, may be warranted. WSF/WSDOT also
analyzes wake-wash and propeller scour of new vessels to identify and minimize impacts to the
shore and nearshore habitat. Maximum vessels speeds are identified for transit near shorelines
identified as sensitive to erosion.
320.14 Earth (Geology and Soils)
(1) Geologic Hazards
The Puget Sound region is geologically active. Numerous small earthquakes occur in the region
annually. Periodically, larger earthquakes occur which, like the Nisqually earthquake of 2001,
have the potential to damage manmade structures. The region also has areas with naturally
occurring steep slopes or saturated unconsolidated soils. The steep bluffs along Puget Sound are
susceptible to erosion from gravity, storm surges, and stormwater runoff. Liquefaction occurs
when water-saturated sandy or silty soil loses strength during earthquake shaking (similar to
quicksand). A related phenomenon, lateral spreading, occurs when liquefied soil moves laterally
imparting additional forces on structure foundations. These can cause major structural failure if
not properly accounted for. Liquefaction and lateral spreading only occur in water-saturated
cohesionless soil of a particular gradation and composition. They can have a significant impact on
bridges and other large structures, which may require expensive retrofitting or replacement to
meet current seismic (earthquake) standards.
The Washington State Department of Natural Resources (DNR) has developed Liquefaction
Susceptibility and Site Classification Maps which outline areas where liquefaction is most likely
to happen. State and local governments develop hazard mitigation plans and delineate
geologically hazardous areas as required by the Growth Management Act.
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How climate change may affect the likelihood or impact of erosion and liquefaction is not yet
well understood. However, with an expected rise in sea-level and increase in frequency of severe
storm events, as described in The Washington Climate Change Impacts Assessment (The Climate
Impacts Group, University of Washington, 2009), erosion along the shoreline would be expected
to increase.
(2) Geologic Risks and Mitigation
Terminals already identified as having erosion related problems include Fauntleroy (erosion) and
Southworth (bluff erosion). Terminals that may be susceptible to seawall problems from storm
surges include Mukilteo, Seattle and Fauntleroy.
The current DNR maps indicate that several WSF terminals are within moderate to high
liquefaction susceptibility areas. And, based on the age of the facilities, some of the ferry terminal
structures do not meet current design standards for earthquake or liquefaction. The susceptibility
of the area to erosion, storm surge damage, liquefaction and sub-standard design of existing
structures will have to be taken into consideration during development of any terminal
improvement project. Soils that are susceptible to liquefaction may require retrofit measures such
as ground stabilization, selection of deeper foundations, different types of foundations, and/or
selection of appropriate structural systems to accommodate anticipated displacements.
For the construction of new terminals, relocated terminals, and relocated terminal elements,
geologic risks (and associated cost impacts) can be mitigated by conducting geotechnical borings
and other subsurface investigation during the preliminary design phase.
320.15 Hazardous Materials
(1) Regulations
Procedures for reporting, handling, removing, treatment, and/or disposal and transport of
contaminated soil, ground water, and marine sediment will follow guidance in WSDOTs
Environmental Procedures Manual and all other appropriate regulations. Workers are required to
have special training to handle hazardous materials. Special handling procedures and disposal
locations are required depending on the type and classification of the hazardous material.
(2) Potential Effects
The presence of hazardous materials within the project area will increase exposure to risk and
potential liability associated with site cleanup. The encounter of contaminated materials may
increase project costs and/or result in construction delays.
Potential hazardous materials include but are not limited to the following:
Underground and above ground storage tanks
Electrical transformers and other oil-filled equipment containing regulated substances
Petroleum products in the soil and groundwater
Asbestos-containing materials
Lead-based paint
Polychlorinated biphenyls (PCBs)
Heavy Metals
Mercury
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Creosote-treated timber and piles
(3) Mitigation
Identify areas of environmental concern located within and adjacent to the project area and assess
the potential effects of construction on contaminants that may be present. Conduct subsurface
investigations and pre-characterization of potentially contaminated soil, groundwater and marine
sediments as warranted. This will enable designers to anticipate project impacts and to factor in
the potential need to address hazardous materials into project development decisions.
Where feasible, minimize construction in and disturbance of areas of known and suspected
contaminated materials. This may involve relocating certain terminal elements and/or modifying
the design and construction techniques (foundation type, utility depth, extent of over-excavation,
etc.) to reduce the amount of disturbance of contaminated materials.
Where contaminated materials are encountered, employ the following strategies as applicable and
as required:
Develop a site specific health and safety plan with regard to contaminated material exposure.
Utilize 40-hour trained personnel in the vicinity of the proposed work.
Develop and implement TESC, SWPP, and SPCC plans to ensure proper control of surface
and ground water during construction.
Implement site specific measures to minimize risks of exposure to contaminated materials.
These may include use of construction zone setbacks, restricting public access, and prompt
removal of any contaminated material.
Conduct a comprehensive survey of on-site structures to determine the presence of hazardous
building materials including asbestos and lead-based paint in accordance with applicable
federal, state, and local requirements.
Remove underground storage tanks, including oil/water separators in accordance with
Ecology requirements; similarly, remove any contaminated soils associated with the tanks in
accordance with applicable requirements.
Stockpile suspected contaminated materials on-site for sampling, testing and appropriate
analyses for profiling and disposal.
Store, sample and treat dewatering fluids in temporary storage tanks as required.
Line and cover stockpiles to prevent runoff or drainage to the surface.
Remove pilings preserved with creosote according to WSF BMPs and DNR standard
practices.
Conduct hauling of any contaminated material by licensed transport.
Provide hazardous materials lockers for storage of waste oil and other hazardous materials.
See 440.06 for more information on hazardous materials lockers.
320.16 Traffic / Congestion
Normal operation of auto ferries has an effect on congestion and circulation on local streets, and
access to residents and businesses as a result of queuing on road shoulders, vehicle off-loading,
parking, pedestrians and traffic safety measures in the communities where the terminals are
located. Inadequate terminal sizing and configuration negatively affects traffic related impacts to
the community.
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(1) Potential Effects
The proposed reservation system is expected to reduce the traffic impacts on the local
communities of vehicles queuing for the ferries. Implementation of the plan will result in minor
increases in system capacity and efficiency. This will be accomplished by replacing some of the
retiring vessels with vessels that are slightly larger. This vessel substitution increases normal
vehicle carrying capacity on the Anacortes/San J uan Islands route, Mukilteo/Clinton,
Seattle/Bremerton, Fauntleroy/Vashon/Southworth, and Point Defiance/Tahlequah routes. The
increase in vessel offload traffic of the replacement vessels is expected to be minimal on most
routes. On routes with potentially significant increases in offload traffic, WSF will evaluate the
potential traffic impacts to determine if mitigation measures are necessary.
To reduce the current traffic congestion and safety concerns caused by vehicles queuing on
Fauntleroy Avenue near the Fauntleroy terminal, a reservation system is being considered for the
route pending future legislative action.
In the project development process, WSF works with the communities where the terminals are
located to identify potentially significant traffic related impacts. WSF minimizes traffic related
impacts to the communities by adequate sizing of terminals and their holding areas, configuring
terminals to maintain pedestrian and vehicle safety, and by coordinating signalization and
operational measures.
320.17 Visual Quality
Visual perception and experience are important components of environmental quality. It is
important to consider the visual resources of the affected environment and the degree of change
in those visual resources that would occur as a result of the proposed project. The affected visual
environment contains multiple landscape components that include topographic features (e.g.
mountains and valleys) and land cover. Land cover includes water, vegetation, and the
constructed environment. Landscapes can be categorized in distinctive units of similar visual
resources based on patterns created by dominance, scale, diversity, and the continuity of elements
in the landscape. The terminal design should be compatible with the surrounding areas character
by sensitive consideration of scale, building materials, and landscaping. Landscaping may be
incorporated to screen and/or soften views of structures and help reduce the scale of the proposed
improvements. Locate lighting to avoid direct visibility from surrounding neighborhoods and
public streets. Where this cannot be avoided, provide screening to shield or filter the light source.
320.18 Tribal Resources and Treaty Rights
(1) Tribal Treaty Rights and Access to Harvest
Almost all WSF terminal construction projects entail either federal funding or federal permitting.
Permitting by the Corps under Section 404 of the Clean Water Act and Section 10 of the Rivers
and Harbors Act is required when projects involve some level of dredging or filling of navigable
waters. All terminal projects are also located in or adjacent to the Usual and Accustomed (U&A)
fishing grounds of one or more treaty Tribes. Tribal treaty fishing rights consist of several
components, including a right to share in the allowable harvest of fish with non-Tribal fishers
(USA v. Washington 1974), and rights to fish, gather and hunt in the traditional U&A areas of
each Tribe a right to engage in specific activities in specific places.
The federal courts have decided that where the issuance of a 404 permit has more than a de-
minimus or discountable effect on the exercise of the right to fish, gather or hunt in a U&A area,
the affected Tribe(s) may object to the issuance of the permit on the grounds that the Tribe(s) has
a superior right to fish or gather in the area and may not be displaced by the dredging or filling of
that area without their consent (Muckleshoot, Suquamish v. Hall 1988). A project may not have
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significant impact on the environment, no adverse effect, may be NEPA/SEPA exempt, and not
covered by a nationwide permit or a programmatic permit, but it may still have more than de-
minimus effect on the right to fish because a Tribal fisher may have fished in the area one time in
the past as asserted by a Tribe or group of Tribes.
As a federal agency, the Corps has a fiduciary obligation to honor Treaty Rights. This
relationship has resulted in the Corps requiring extensive analysis of adverse impact(s) to
federally adjudicated Treaty rights. When the impact(s) cannot be successfully mitigated the
Corps has required a mitigated settlement to be negotiated with the Treaty Tribe(s). The
successful mitigated settlement agreement has taken the form of a Memorandum of Agreement
(MOA). If required, an MOA would be negotiated with the Treaty Tribe(s), and could include
funding for fisheries enhancement, salt water environment enhancement, or a cash settlement.
When the Corps is given evidence of such agreement it then will move forward with issuance of a
permit. An increase in overwater coverage at any of the existing terminals could also result in the
same requirements.
(a) Potential Effects (Mukilteo Terminal Example)
The proposed terminal improvement at Mukilteo, which would involve a relocation of the
terminal, may have the potential to impact Treaty U&A fishing grounds, and to relocate the
Mukilteo terminal from its current location would require a Corps permit. Under these
conditions the project team would need to determine if potential for impacts exists. If this is
the case, then mitigation options would need to be assessed and it determined if a MOA is
required.
320.19 Cultural, Historical, and Archaeological Resources
(1) Regulations
Cultural, historical and archaeological resources are regulated under federal, state and local laws.
Section 106 of the National Historic Preservation Act requires any project that has a federal nexus
(involves federal funding, federal permits or is on federal lands) to consider the effects of the
project on historic or cultural resources. Section 106 also requires consultation with Federally
Recognized Tribes, the State Historic Preservation Officer, Certified Local Governments,
interested stakeholders, and the public. The Department also affords protection to historic sites,
and requires that they be avoided unless the impact of the project is determined to be de minimus
or there is no prudent or feasible alternative to using the site.
In Washington State, WAC 25-12, RCW 27.34.200 and Governor Executive Order 05-05 provide
protection to historic sites and specify requirements for obtaining archaeological excavation
permits. SEPA and NEPA require that impact to historic and cultural resources be evaluated in
the environmental review process. In addition, local governments often maintain historical and
cultural resource lists within their jurisdictions, and commonly have ordinances protecting these
resources.
(2) Potential Effects
WSDOT completed an inventory of all WSF terminal buildings in 2009, and found none eligible
for inclusion on the National Register of Historic Places under Section 106 of the National
Historic Preservation Act of 1966. Based on this inventory proposed terminal projects that
involve modifying the existing structures are not anticipated to impact any significant historical
structural resources, such as docks, dolphins, or terminal structures. However, such construction
may impact the integrity of significant historic properties adjacent to or near ferry terminals, and
such impacts must be considered during the planning process.
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Ground disturbing activities may impact unknown archaeological properties, even at previously
developed terminal locations. All WSF projects require review by the WSF Cultural Resources
Specialist. The WSF CRS is the qualified person in the agency to make decisions as to the level
of review necessary for any project.
320.20 Park and Recreation Lands
(1) Regulations
Park and recreation resources are valued and vital to the health and livability of communities.
Section 4(f) of USDOT Act of 1966 requires that transportation projects avoid, minimize or
mitigate impacts to public parks and recreation areas as well as historic sites. Compliance with
Section 4(f) is ensured in the SEPA/NEPA process of projects.
(2) Potential Effects
Some of the ferry terminals are located in or adjacent to parks and recreation lands, and therefore
improvement projects at the terminals could have the potential to impact these areas. Actual
impacts to and mitigation for parks recreational lands will be evaluated at the individual project
level.
320.21 Department of Natural Resources Lands
(1) Operation Effects on Aquatic Land Management
State aquatic lands are under the jurisdiction of the Department of Natural Resources. The aquatic
lands that have been reserved for landings, wharves, streets, and other conveniences of navigation
and commerce are demarcated by harbor lines. A change in shape or size of the aquatic land used
for ferry terminals operations could require revisions to the harbor line. Article XV of the
Washington State Constitution describes the requirements for harbor line revisions. It takes
between 12 and 18 months and three public hearings to revise a harbor line.
Implementation of the plan may require harbor line revisions at terminals where preservation or
capital improvements are programmed. Identification of needed harbor line revisions will occur at
the individual project level.
320.22 Resource Agency and Tribal Coordination
(1) Development Process
In addition to the groups and processes used in the public outreach section of the WSF Long-
Range Plan 2009, Federal and State resource agencies with jurisdictions and funding authorities
were briefed on the plan in a letter and meeting to take their comments and input. The resource
agencies agreed that WSF should include a planning level environmental analysis in the plan. The
agencies that were represented at the meeting were the Federal Transit Administration, National
Marine Fishery Services, WDFW, Washington Department of Natural Resources, Puget Sound
Clean Air Agency, and Washington Department of Ecology.
Letters were also sent to Puget Sound Tribes to brief them about the plan. Each participating
agency and Tribe received a copy of the draft plan for review and comment. In addition, meetings
were held with the Swinomish tribe, Suquamish Tribe, and Lummi Nation, to solicit comments
and input.
The Long-Range Plan must demonstrate consistency with or conformity to any of the following
existing plans:
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Terminal master plan documents
Referenced Biological Assessment
Project Specific Biological Assessments for ferry terminals
Clinton Eelgrass Mitigation and Monitoring
Eelgrass Surveys at ferry terminals
Tribal U&A in the Puget Sound
Local or Regional land use or comprehensive plans
Local Shoreline Master Programs
Regional Transportation Plans
TIP/SIP (Transportation Improvement Program/State Implementation Plan
WSDNR harbor lines
Edmonds Crossing EIS and ROD
Mukilteo Multimodal Final EIS
New 144 Auto Ferry, SEPA Checklist
Environmental Discipline Reports and Technical Memoranda for various ferry terminal
projects.
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