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2021-8-31_WDF_Leslie_King STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 2315 N Discovery Place • Spokane Valley, Washington 99216-1566 • (509) 892-1001 FAX (509) 921-2440 August 31, 2021 City of Spokane Valley Attn: Lori Barlow 10210 E. Sprague Avenue Spokane Valley, WA 99206 RE: Painted Hills Planned Unit Residential Development Project, project file numbers PRD-2015-0001, SUB-2015-0001, EGR-2016-0066 and FPD-2016-0007. Draft Environmental Impact Statement Dear Lori, The Washington Department of Fish and Wildlife (WDFW) would like to submit the following comments for consideration pertaining to the Draft Environmental Impact Statement (DEIS): The Painted Hills PRD Biological Evaluation, Critical Areas Report and Habitat Management Plan dated February 28, 2019 explores three separate alternatives of proposal for development. Alternative # 2 and #3 employ buffer averaging to allow encroachment into the buffer and provide mitigation to off-set it. We look forward in the future to more in depth discussions regarding the buffers and mitigation. The Department of Fish and Wildlife continues to stand by the comment submitted on November 16, 2018 to the proposed Conditional Letter of Map Revision- Fill (CLOMR- F) which declares Chester Creek a fish bearing stream and does not support re-typing from F to Ns. Not only does Chester Creek meet the physical characteristics of a fish bearing stream according to WAC 222-16-031 (3), but there are also resident fish observed living within the system. It has been observed that fish do get transported downstream, likely on an annual basis, during normal run off conditions. Page 73 of the DEIS cites the consulting biologist stating that the on-site reach of Chester Creek does not provide fish habitat. The Washington Department of Fish and Wildlife would respectfully disagree with this statement. While this may not be premier fish habitat due to past alternations and periodic drying, it does provide for regular seasonal use. The Department of Fish and Wildlife has concerns under the Proposed Flood Control Plan. Flood water of Chester Creek will be captured and conveyed to an artificial water retention system. This has the potential to transport and trap fish into a stormwater system which serves the planned residential development. Upon reviewing the materials provided in the DEIS, it is unclear how the proposed flood water system will keep fish from entering the flood water/storm water system and how they will escape this system. It appears the effects to fish life are not being recognized as an impact and therefore no mitigation is proposed to off-set these impacts. We recommend this loss of fish life is recognized and assessed and then is addressed through appropriate mitigation sequencing. Lastly as mentioned in the previous comment, any work conducted on structures such as culverts and pedestrian bridges within the project area will require a Hydraulic Project Approval (HPA) from WDFW and be designed to meet fish passage standards. Thank you for your time and the opportunity to provide comments. Sincerely, Leslie King WDFW Habitat Biologist