A 30-day review period of the Final EIS for the purpose of adoption of the document by WDFW occurred Dec. 9, 2022 - Jan. 9, 2023. Adoption notification was published in the Dec. 9, 2022 Federal Register. WDFW issued a Record of Decision January 19, 2023.
Background
The State Environmental Policy Act (SEPA) requires state and local governments to identify possible environmental impacts that may result from governmental decisions. The SEPA review process helps the department, applicants, and the public understand how a proposed project will affect the environment. (Chapter 43.21C RCW). WDFW's actions are further explained in the State Environmental Policy Act section below.
Consistent with the State Environmental Policy Act (SEPA) RCW 43.21C, the WDFW determined that this project may have a significant adverse impact on the environment for which an Environmental Impact Statement (EIS) must be prepared. WDFW adopted an existing Final EIS following WAC 197-11-630 adoption procedures. The final EIS was issued by the U.S. Army Corps of Engineers for Puget Sound Nearshore Ecosystem Restoration in compliance with National Environmental Policy Act (NEPA) requirements. The EIS includes an analysis of the Duckabush Estuary Restoration site.
WDFW is also serving as the environmental "responsible entity" for the U.S. Housing and Urban Development's (HUD) release of federal funding for elements of the Duckabush Estuary project. WDFW's adoption of the EIS for HUD purposes and USACE's EIS process are further explained below in the National Environmental Policy Act section.
Questions can be directed to WDFW's SEPA/NEPA coordinator at SEPAdesk2@dfw.wa.gov or (360) 902-2260.
National Environmental Policy Act
The U.S. Army Corps of Engineers (USACE), published a Final Integrated Feasiblity Report and Environmental Impact Statement (IFR/EIS) for the Puget Sound Nearshore Ecosystem Restoration Project, Puget Sound, WA. A Notice of Availability was published in the Federal Register on July 14, 2016. USACE issued a Record of Decision (ROD) in January 2017. USACE NEPA materials can be found at https://bit.ly/PSNearshore and below.
In 2020, the Washington Department of Fish and Wildlife (WDFW) adopted USACE's Final IFR/EIS to satisfy State Environmental Policy Act (SEPA) requirements following WAC 197-11-630 adoption procedures for the Duckabush Estuary Restoration project.
In 2022, WDFW agreed to become a US Housing and Urban Development (HUD) “responsible entity” under 24 CFR Part 58 which allows “units of local government to conduct environmental reviews for projects funded with HUD money”. WDFW is acting as the Responsible Entity under 24 CFR Part 58 for the purpose of releasing funding from the FY2022 Consolidated Appropriations Act, 2022, Economic Development Initiative for the purposes of Community Project Funding/Congressionally Directed Spending. Congressman Kilmer secured FY2022 CPF funding, to be distributed via HUD, for the utility relocation portion of the Duckabush Estuary Restoration project. WDFW has determined the proposed action is consistent with actions proposed in the Final IFR/EIS.
Record of Decision
Upon completion of 30-day review period that concluded January 9, 2023, WDFW issued a Record of Decision adopting the NEPA Final EIS.
Final EIS
To adopt the existing NEPA EIS for the HUD purpose identified above, WDFW republished the final EIS and will issue a Record of Decision upon completion of a 30-day review period. The notice of availability (NOA) for the final EIS was published in the Federal Register on December 9, 2022. The final EIS includes a summary of relevant public comments on the draft EIS, together with USACE responses.
Final Feasibility Report and Environmental Impact Statement
Appendix A - Implementation Strategy
Appendix B - Engineering Appendix
Appendix C - Real Estate
Appendix D - Cultural Resources
Appendix E - Monitoring
Appendix F - Supplemental Info
Appendix G - Output Model
Appendix H - Public Comments & Responses
Appendix I - Economics
Appendix J - Environmental Compliance
Appendix K - Additional Sites
US Army Corps of Engineers NEPA Environmental Review Summary
Record of Decision
USACE issued a Record of Decision on January 19, 2017
USACE Final EIS
The notice of availability (NOA) for the final EIS was published in the Federal Register on July 15, 2016.
USACE Draft EIS
USACE invited input from interested stakeholders on the draft EIS for 45 days after the notice of availability (NOA) for the draft EIS was published in the Federal Register (October 10, 2014 through November 24, 2014). Responding to public request, the comment period was extended 45 days through January 8, 2015. The agency also hosted a public open house November 5th, 2014 in the Council Chambers of the City of Burlington City Hall.
USACE Scoping Period
USACE invited input from interested stakeholders on the scope of the EIS for 30 days (October 26, 2009 - December 10, 2009) after the notice of intent (NOI) to prepare an EIS was published in the Federal Register October 2, 2009. In 2009, USACE held four public scoping meetings throughout the Puget Sound region.
- October 26, 2009, Des Moines, Washington
- October 28, 2009, Port Townsend, Washington
- November 3, 2009, Lacey, Washington
- November 10, 2009 Mount Vernon, Washington
State Environmental Policy Act
WDFW issued a Determination of Significance and adopted the U.S. Army Corps of Engineers' NEPA Final Integrated Feasibility Report and Environmental Impact Statement (IFR/EIS) for Puget Sound Nearshore Ecosystem Restoration, Puget Sound, Washington to satisfy State Environmental Policy Act (SEPA) requirements following adoption procedures in WAC 197-11-630. Concurrent with adoption of the IFR/EIS, WDFW prepared a Supplemental Environmental Impact Statement (SEIS).
Final SEIS
A final SEIS was issued on May 15, 2020. The final SEIS includes the information presented in the draft SEIS as well as further analyses developed in response to public comments on the draft SEIS. The Final SEIS also includes comments received on the draft SEIS and responses to comments. Upon the completion of 7-day waiting period the Final SEIS was complete.
Draft SEIS
WDFW invited input from interested stakeholders, tribes, and agencies on the draft SEIS for 30 days after draft SEIS was made available (January 21, 2020 through February 20, 2020).
On February 8, 2020, WDFW held a public open house at the Brinnon School for the draft EIS and invited comments. Relevant comments on the draft EIS were considered by WDFW in preparing the final SEIS, to help inform WDFW's decision-making process.
- Draft Supplemental Environmental Impact Statement
- February 8, 2020, Draft SEIS Public Meeting Posters (PDF)
- Comments and Responses on Draft document (PDF)
Scoping Period
WDFW invited input from interested stakeholders, tribes, and agencies on the scope of the SEIS for 30 days (June 27, 2019 through July 26, 2019) after the Notice of Determination of Significance was issued.
In July 2019, WDWF held a public scoping meeting at which WDFW and project partners presented project information and invited oral, written, and electronic comments. The meeting presentation and posters are available using the links below.
- July 13, 2019, Public Scoping Meeting Presentation (PDF)
- July 13, 2019, Public Scoping Meeting Posters (PDF)