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A. Wetland and buffer impact mitigation plans shall:

1. Include a baseline study that quantifies the existing wetland and buffer functions, functions that will be lost, and the functions after mitigation. This could involve assessing functions using Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report, March 2012, Washington State Department of Ecology Publication No. 10-06-011, or as amended;

2. Specify how functions will be preserved or replaced;

3. Specify how impacts will be avoided, minimized or compensated for;

4. Assess the potential changes in wetland hydroperiod from the proposed project and identify how the project design will mitigate adverse impacts to the wetland hydroperiod;

5. Describe the future vegetation community types for monitoring years, including dominant vegetation expected. Plants shall be native species, commercially available or available from local sources, high in food and cover value for fish and wildlife, and mostly perennial;

6. Specify when mitigation will occur relative to project construction and to the requirements of permits issued by other agencies;

7. Include measurable criteria for evaluating whether the performance goals of the mitigation proposal have been met, and include provisions for maintenance and monitoring the mitigated area on a long-term basis to determine whether the plan was successful;

8. Include a contingency plan specifying what corrective actions will be taken to achieve performance goals should the mitigation not be successful; and

9. Include provisions for an assurance device as provided by Chapter 19.40 to ensure that work is completed in accordance with the mitigation plan, that maintenance and monitoring occur on a regular basis, and that restoration or rehabilitation is performed in accordance with the contingency plan if mitigation failure results within five years of implementation. The construction performance guarantees shall not be released until the applicant’s qualified professional and the planning director sign off to indicate that construction has been completed as planned. A separate performance assurance device shall be required for maintenance, monitoring, and contingency. This guarantee shall not be released until the applicant’s qualified professional and the planning director sign off that maintenance and monitoring have been completed per the plan, and the mitigation meets performance goals.

B. Stream, lake and buffer impact mitigation plans shall:

1. Include a baseline study that quantifies the existing functions of the system, functions that will be lost, and the stream and buffer functions after mitigation;

2. Specify how functions will be replaced;

3. Specify when mitigation will occur relative to project construction and to the requirements of permits issued by other agencies;

4. Where buffer enhancement is proposed, include an analysis of the ability of the buffer to protect water quality, as outlined in the Update on Wetland Buffers: The State of the Science, Final Report, October 2013, Washington State Department of Ecology Publication No. 13-06-11, or as amended;

5. Include provisions for maintaining and monitoring the mitigated area on a long-term basis to determine whether the plan was successful;

6. Include a contingency plan specifying what corrective actions will be taken should the mitigation not be successful; and

7. Include provisions for an assurance device as provided by Chapter 19.40 EMC to ensure that work is completed in accordance with the mitigation plan and that restoration or rehabilitation is performed in accordance with the contingency plan if mitigation failure results within five years of implementation.

C. Construction Plans. Construction plans necessary to implement requirements of the detailed mitigation plan shall be provided prior to issuance of construction permits. Plans shall include the proposed construction sequencing and timing; surface and subsurface hydrologic conditions, including proposed hydrologic regimes for compensatory mitigation areas; grading and excavation details, erosion and sediment control measures; a planting plan specifying plant species, quantities, location, size, spacing, density, proper placement, fertilization standards, and provisions for temporary irrigation systems. (Ord. 3676-19 § 8, 2019.)