14.162.100 Mitigation.
A. All activities in wetlands and/or buffers shall be mitigated according to this section. Mitigation sequencing is used to determine the type and extent of mitigation and is considered in order of preference, however there may be circumstances when an alternative mitigation strategy is preferable such as a mitigation bank, in-lieu fee program, or advance mitigation project that is implemented according to federal and state rules, state policy and state water quality regulations.
The order of preference for mitigation is:
1. Avoiding the impact altogether by not taking a certain action or parts of actions, and providing specified buffers and setbacks. Provision of specified buffers and setbacks is the expected method of mitigation unless an activity is listed as exempt, a reasonable use exception has been granted according to the provisions of this chapter, or an appropriate alternative mitigation program has been approved through a formal mitigation plan.
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to reduce impacts.
3. The following types of mitigation (no order of preference):
a. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
b. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
c. Compensating for the impact by replacing or providing substitute resources or environments.
4. Monitoring the impact and compensation and taking appropriate corrective measures.
5. Mitigation for individual actions may include a combination of the above measures.
B. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans – Version 1 (Ecology Publication No. 06-06-011b, Olympia, WA, March 2006, or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Publication No. 09-06-32, Olympia, WA, December 2009).
1. Mitigation ratios shall be consistent with subsection (B)(3) of this section.
2. Mitigation requirements may also be determined using the credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Ecology Publication No. 10-06-011, Olympia, WA, March 2012, or as revised).
3. Wetland Mitigation Ratios[1].
|
Category and Type of Wetland |
Creation or Reestablishment |
Rehabilitation |
Enhancement |
|---|---|---|---|
|
Category I: |
|||
|
Bog, natural heritage site |
Not considered possible |
Case by case |
Case by case |
|
Category I: |
|||
|
Mature forested |
6:1 |
12:1 |
24:1 |
|
Category I: |
|||
|
Based on functions |
4:1 |
8:1 |
16:1 |
|
Category II |
3:1 |
6:1 |
12:1 |
|
Category III |
2:1 |
4:1 |
8:1 |
|
Category IV |
1.5:1 |
3:1 |
6:1 |
1Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or reestablishment. See Table 1a, Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance – Version 1 (Ecology Publication No. 06-06-011a, Olympia, WA, March 2006, or as revised).
4. The detailed mitigation plan shall be signed by the wetland specialist to indicate that the plan is according to specifications determined by the wetland specialist. A signed original mitigation plan shall be submitted to the Department.
5. Approval of the detailed mitigation plan shall be signified by a notarized memorandum of agreement signed by the applicant and Department Director or designate, and recorded with the County Auditor. The agreement shall refer to all requirements for the mitigation project.
6. The mitigation project shall be completed according to a schedule agreed upon between the Department and the applicant.
7. Wetland mitigation shall occur according to the approved wetland mitigation plan, and shall be consistent with provisions of this chapter.
8. On completion of construction for the wetland mitigation project, the wetland specialist shall notify the Department. The Department will inspect and review the construction project prior to acceptance. [Ord. 630 § 10, 2015; Ord. 362 § 3, 2004.]