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The purchase of credits from the KFMB will be utilized to fully compensate for the fill of Wetland A and Wetland B as the site is located within the KFMB's service area in WRIA 8— Cedar-Sammamish. The purchase of credits will result in much higher functioning wetlands when compared to the existing wetland that is proposed to be impacted. 1.2 State and Federal Considerations On December 2, 2008, in a memorandum from the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE), joint guidance is provided that describes waters that are to be regulated under Section 404 of the Clean Water Act (CWA) (USACE, 2008). This memorandum was amended on February 2,2012 where the EPA and USACE issued a final guidance letter on waters protected by the CWA. The 2012 guidance describes the following waters where jurisdiction would be asserted: 1) traditional navigable waters, 2) interstate waters, 3) wetlands adjacent to traditional navigable waters, 4) non- navigable tributaries of traditional navigable waters that are relatively permanent meaning they contain water at least seasonally (e.g. typically three months and does not include ephemeral waters), and 5) wetlands that directly abut permanent waters. The regulated waters are those associated with naturally occurring waters and water courses and not artificial waters (i.e., stormwater pond outfalls). The 2012 memorandum further goes on to describe waters where jurisdiction would likely require further analysis: 1)Tributaries to traditional navigable waters or interstate waters,2)Wetlands adjacent to jurisdictional tributaries to traditional navigable waters or interstate waters, and 3) Waters that fall under the "other waters" category of the regulations. In addition,the 2012 guidance identifies thirteen waters or areas where jurisdiction will not be asserted: 1)Wet areas that are not tributaries or open waters and do not meet the agencies regulatory definition of"wetlands", 2) Waters excluded from coverage under the CWA by existing regulations, 3) Waters that lack a "significant nexus: where one is required for a water to be jurisdictional, 4) Artificially irrigated areas that would revert to upland if the irrigation ceased, 5) Artificial lakes or ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering,irrigation,settling basins,or rice growing,6)Artificial reflecting pools or swimming pools excavated in uplands, 7) Small ornamental waters created by excavating and/or diking dry land to retain water for primarily aesthetic reasons,and puddles,8)Water-filled depressions created incidental to construction activity, 9) Groundwater, including groundwater drained through subsurface drainage systems, 10) Erosional features (gullies and rills), 11) Non-wetland swales, 12) Ditches that are excavated wholly in uplands,drain only uplands or non-jurisdictional waters,and have no more than ephemeral flow,and 13) Ditches that do not contribute flow, either directly or through other waterbodies, to a traditional navigable water,interstate water, or territorial sea. Wetland A and Wetland B are not likely regulated under Section 404 of the CWA due to the lack of surface water connection, sub-surface water connection, and lack of significant nexus to Swamp Creek,which is over 300 feet to the west. Wetland A and Wetland B are depressional wetlands that exist in localized topographic depressions lacking surface water outlets. An approved jurisdiction determination (AJD) application will be submitted to the USACE to confirm non-jurisdictional status of the onsite wetlands. 1345.0029—Benton Square 5 Soundview Consultants LLC Conceptual Mitigation Bank Use Plan April 1,2022