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AC30 WDFW 11-16-2018 STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 2315 N Discovery Place  Spokane Valley, Washington 99216-1566  (509) 892-1001 FAX (509) 921-2440 November 16, 2018 City of Spokane Valley Attn: Lori Barlow 10210 E. Sprague Avenue Spokane Valley, WA 99206 RE: Painted Hills Planned Unit Residential Development Project SUB-2015-0001/PRD- 2015-0001. EIS Scoping Comments Dear Lori, The Washington Department of Fish and Wildlife (WDFW) would like to submit the following comments for consideration pertaining to the proposed Conditional Letter of Map Revision – Fill (CLOMR-F): The revised SEPA Checklist dated August 8, 2018 indicates Chester Creek flows through the southwest portion of the site. It states Chester Creek is identified on the Washington State DNR stream map as a Type F (fish bearing) stream, however the applicant indicates it is likely inaccurate due to the fact it is dry most of the year and there is no upstream or downstream water body to supply fish when the water flows. The Department of Fish and Wildlife does not concur with this assumption. Department staff have observed fish in Chester Creek upstream of this site on more than one occasion. It is not required for a stream typed as “F” to possess water in all portions of the stream year around to be considered a fish bearing stream. Water type may be determined by applying the physical characteristics identified in WAC 222-16-031(3). In this case, type F streams in Eastern Washington must have a bankfull width of 3 feet or greater and 16 percent or less gradient. Additionally, the Forest Practices Board Manual (Section 13) states, “Waters downstream of a known fish location are assumed to have fish use”, therefore, the proposal to re-type Chester Creek from F to Ns would not be supported by WDFW without a full protocol survey. A protocol survey throughout the entire drainage would be required to confirm fish absence and thus re-type the stream from F to Ns. The current SEPA checklist also proposes a culvert extension at the Thorpe Road crossing on Chester Creek. The applicant will need to obtain a Hydraulic Project Approval to conduct any work on streams within the project area. Thank you for your time and the opportunity to provide comments. Sincerely, Leslie King WDFW Habitat Biologist