Port of Tacoma PUBLIC NOTICE DETERMINATION OF NONSIGNIFICANCE WAC 197-11-970 Project Name: Upper Clear Creek Mitigation Project Description of Proposal: The proposal involves creating an approximately 41-acre habitat mitigation site by rehabilitating and re-establishing (i.e., creating) floodplain wetlands from degraded wetlands and upland/pasture; enhancing upland buffer habitat; re-meandering the existing channelized Clear Creek back through the floodplain; and installing various floodplain habitat enhancements such as ponds, alcoves, hummocks, and large woody material (i.e., downedwood and snags). The purpose of the mitigation is two-fold: 1) to provide compensation for wetland impacts on the Blair Peninsula, specifically, the Alexander Avenue Wetland and the former Tacoma Public Utilities site wetlands (Settlement Area), and 2) to provide advance mitigation for future Port development projects that require mitigation for unavoidable impacts to aquatic resources (Advance Mitigation Area). The Settlement Area was developed in support of the consent decree in United States v. Port of Tacoma, et al., No. 11-cv-05253-RJB and in support of the City of Tacoma wetland violation cases 60000071915 & 60000071917 associated with a previous City of Tacoma permit file number WET2007-40000107491. The Settlement Area and the Advance Mitigation Area, while interrelated in the overall function of the mitigation site, are jurisdictionally separate areas. The Settlement Area of 12.59 acres is comprised of 7.56 acres of wetland rehabilitation/re-establishment; 4.00 acres of forested buffer enhancements. The Advance Mitigation Area includes the project elements conducted over the remaining approximately 28 acres of the site that are not included in the Settlement Area. Based on the current level of design, subject to change based on final design and permitting, the Advance Mitigation Area is comprised of 4.17 acres of wetland re-establishment, 22.06 acres of wetland rehabilitation (including 1,200 linear feet of new meandering stream channel), 0.82 acres of forested buffer enhancement, and floodplain habitat enhancements. Elements of the Port's Advance Mitigation Area may be completed at a later date, subject to the Port's discretion. Based on the current calculations, subject to change through permitting, the Advance Mitigation Area is anticipated to yield advance mitigation credits for the Port of Tacoma in the form of approximately 15.47 wetland acrecredits or 537.9 Discounted Service Acre Years (DSAYs). Proponent: Port of Tacoma Location of proposal, including street address, if any: The proposed project is located at 3714 Gay Road East and 4014 Gay Road, Tacoma, WA, Pierce County. It is situated in Sections 13 and 14, Township 20 North, Range 3 East of the Willamette Meridian. Lead agency: Port of Tacoma, the lead agency for this proposal, has determined that the project does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under Revised Code of Washington (RCW) 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. Additional project and/or State Environmental Policy Act (SEPA) information is available upon request at the Port of Tacoma's Administrative building, located at One Sitcum Plaza, Tacoma, WA 98421 or at the Port's website at http://www.portoftacoma.com/sepa. Comments and Request for Reconsideration: This determination of NonSignificance (DNS) is issued under Chapter 197-11-340(2) Washington Administrative Code (WAC). Pursuant to Port policy, all interested parties shall have 14 calendar days to comment on the proposed SEPA threshold determination. Only those who commented within the 14-day comment period shall have standing to file a Request for Reconsideration. Any challenge to a SEPA threshold determination shall be initiated by filing a Request for Reconsideration with the Responsible Official or designee no later than 7 calendar days following the end of the 14-day comment period for the SEPA determination. The lead agency will not act on this proposal for 14 days from the start date of the comment period described below. Comments shall be submitted to the Port of Tacoma, Environmental Programs, C/ O Diana Meister at One Sitcum Plaza, Tacoma, WA 98421 or at the Port's website at http://www.portoftacoma.com/sepa. Comment Start Date: October 24, 2013 Comment End Date: November 7, 2013 Request for Reconsideration End Date: November 14, 2013 October 23