14.162.110 New agricultural activities.
An applicant may use the following procedure to initiate agricultural activities:
A. Where the Department determines that a regulated wetland may be present within 150 feet of the proposed activity, the applicant shall select one of the following options:
1. The applicant shall provide the Department with a report prepared by a wetland specialist which recommends the appropriate wetland category and includes rationale for the recommendation. The Department will review and approve the wetland category and buffer as follows:
|
Wetland Category |
Buffer |
|---|---|
|
I |
150 feet |
|
II |
100 feet |
|
III |
50 feet |
|
IV |
25 feet |
2. Alternatively, the Department, upon request, shall determine the appropriate wetland category. The buffer width shall be according to the table in subsection (A)(1) of this section.
B. The Department will determine whether the activity would intrude into the buffer, the wetland, or both.
1. If the Department determines that the proposed activity may intrude into the wetland and/or buffer, the applicant shall prepare a delineation report subject to approval by the Department; or
2. If the Department determines that the proposed activity may intrude only into the buffer, the Department, upon request, shall delineate the wetland.
C. Following approval of the delineation report or the Department’s completion of the delineation, the applicant shall place permanent, clearly visible markers on site at the edge of the buffer. Placement of markers by a licensed surveyor is not required. No regulated activities shall occur within the wetland and/or buffer except as allowed in subsection D of this section. Temporary intrusion into the buffer necessary for construction activities may be allowed if the buffer can be adequately restored. Livestock shall be fenced from the wetland and buffer, unless the requirements of subsection D of this section are met.
D. Agricultural activities may be initiated:
1. In a buffer, if the applicant demonstrates to the Department that all adverse impacts to wetlands will be mitigated.
2. In the wetland after Department approval of the following reports, which shall be prepared by a wetland specialist obtained by the applicant:
a. A report which recommends the appropriate wetland category and includes rationale for the recommendation, unless the category has already been determined by the Department; and
b. A wetland delineation report, unless a delineation has already been approved by the Department; and
c. A best management plan developed by the Pierce County Conservation District or USDA Soil Conservation Service. A wetland specialist shall review the plan and specify mitigation for all impacts to wetlands, other than water quality impacts reviewed by the Conservation District or Soil Conservation Service; and
d. A report prepared by a wetland specialist which demonstrates that the proposed activity:
i. Will not jeopardize the continued existence of species listed by the federal government or the state as endangered, threatened, sensitive, or documented priority species or priority habitats;
ii. Will not cause significant degradation of ground water or surface water quality; and
iii. Will not damage public or private property and will not threaten public health or safety. [Ord. 362 § 3, 2004.]