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18.65.370 Streams – Permitted alterations.
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Alterations to shoreline streams, water bodies and buffers are allowed pursuant to the SMP, Chapter 16.05 CMC. Alterations to non-shoreline streams and their buffers may be allowed pursuant to CMC 18.65.050 and as follows:

(1) Alterations may only be permitted if based upon a critical area report prepared in accordance with CMC 18.65.110;

(2) Upon application for critical area review or associated development proposal, the City will notify affected agencies and native tribes of the proposed alterations prior to any alteration if a stream is in a frequently flooded area. The applicant will be required to provide a response or additional documentation based on requests by affected agencies and native tribes;

(3) There shall be no introduction of any plant or wildlife which is not indigenous to the City into any stream or buffer unless authorized by a State or Federal permit or approval;

(4) Surface water discharge to a stream buffer from a stormwater management facility may be allowed if there are no significant adverse impacts to the stream or required buffer and the discharge is in compliance with the stormwater manuals adopted in Chapter 13.25 CMC and in accordance with CMC 18.65.050;

(5) New Stream Crossings. New stream crossings will be reviewed and decided upon using the Type 2 decision process in CMC Title 14. Responses to decisional critical and design requirements in this section shall be included in the critical areas report. Stream crossings may be allowed and may encroach on the otherwise required stream buffer if:

(a) Any new crossing over a stream shall be generally perpendicular to the critical area and shall be accomplished by bridging or other technique designed to minimize critical area disturbance. It shall also be the minimum width necessary to accommodate the intended function or objective;

(b) Culverts and bridges are designed and installed consistent with an approved permit from the applicable State and Federal agencies with review authority;

(c) All crossings are constructed during the summer low flow and are timed to avoid stream disturbance during periods when use is critical to salmonids;

(d) Crossings do not occur over salmonid spawning areas unless City determines that no other possible crossing site exists;

(e) Bridge piers or abutments are not placed within the FEMA floodway or the ordinary high water line;

(f) Crossings do not diminish the flood-carrying capacity of the stream;

(g) Utility lines and facilities may be permitted to cross streams if they are laterally drilled and located at a depth beneath the scour depth for the water body predicted by a civil engineer licensed by the State of Washington, or as directed by State or Federal permitting agencies. Temporary bore pits to perform such crossings may be permitted within the stream buffer established in CMC 18.65.360;

(h) Crossings are minimized and serve multiple purposes and properties whenever possible;

(i) Disturbances to the stream buffer are adequately compensated by a stream buffer enhancement plan; and

(j) No reasonable alternative exists to access the subject property;

(6) Stream Relocations. Stream relocations may be allowed only for:

(a) As part of a public road project for which a public agency and utility exception is granted pursuant to CMC 18.65.070; and

(b) The purpose of enhancing and restoring resources in the stream if:

(i) Appropriate floodplain protection measures are used; and

(ii) The relocation occurs on the site, except that relocation off the site may be allowed if the applicant demonstrates that any on-site relocation is impracticable, the applicant provides all necessary easements and waivers from affected property owners and the off-site location is in the same drainage sub-basin as the original stream;

(c) As part of any request under this section, the applicant must submit a stream relocation plan that has been reviewed and approved by Washington Department of Fish and Wildlife with the critical areas report that shows the following:

(i) The creation of a natural meander pattern;

(ii) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of erosion control features for stream side slopes;

(iii) The creation of a narrow sub-channel, where feasible, against the south or west bank;

(iv) The utilization of natural materials, wherever possible;

(v) The use of vegetation normally associated with streams, including primarily native riparian vegetation;

(vi) The creation of spawning and nesting areas, wherever appropriate;

(vii) The re-establishment of the fish population, wherever feasible;

(viii) The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible;

(ix) The filling and revegetation of the prior channel; and

(x) A proposed phasing plan specifying time of year for all project phases;

(d) For any relocation allowed by this section, the applicant shall demonstrate, based on information provided by a civil engineer and a qualified biologist, and included in the critical area report that:

(i) The equivalent base flood storage volume and function will be maintained;

(ii) There will be no adverse impact to local ground water;

(iii) There will be no increase in velocity;

(iv) There will be no interbasin transfer of water;

(v) There will be no increase in sediment load;

(vi) Requirements set out in the mitigation plan are met;

(vii) The relocation conforms to other applicable laws; and

(viii) All work will be carried out under the direct supervision of a qualified biologist;

(e) The City will allow a stream to be relocated only if water quality, habitat and stormwater retention capability of the streams will be the equivalent or improved by the relocation. Convenience to the applicant in order to facilitate general site design shall not be considered;

(f) Prior to diverting water into the new channel, a qualified professional shall inspect the new channel following its completion and issue a written report to the Director stating that the channel complies with the requirements of this section;

(7) A stream channel may be stabilized if:

(a) Movement of the stream channel threatens existing residential or commercial structures, public facilities or improvements, unique natural resources or the only existing access to property; and

(b) The stabilization is done in compliance with the requirements of Chapter 16.15 CMC and administrative rules promulgated pursuant to this chapter;

(8) Stream enhancement not associated with any other development proposal may be allowed if accomplished according to a plan for its design, implementation, maintenance and monitoring prepared by a civil engineer, a landscape architect or a qualified biologist and carried out under the direction of a qualified biologist or landscape architect;

(9) A minor stream restoration project for fish habitat enhancement may be allowed if:

(a) The restoration is sponsored by a public agency with a mandate to do such work;

(b) The restoration is unassociated with mitigation of a specific development proposal;

(c) The restoration is limited to placement of rock weirs, log controls, spawning gravel and other specific salmonid habitat improvements;

(d) The restoration only involves the use of hand labor and light equipment; or the use of helicopters and cranes which deliver supplies to the project site; provided, that they have no contact with sensitive areas or their buffers; and

(e) The restoration is performed under the direction of a qualified biologist or landscape architect; and

(10) Roadside drainage ditches which carry streams with salmonids may be maintained through the use of best management practices developed in consultation with relevant City, County, State and Federal agencies. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))