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• Findings & Conclusions <br /> 3/1/02 <br /> Page 11 <br /> through the expansion of nonconforming use process identified in EMC <br /> 19.38. <br /> • Shall be Prohibited. All text that states, "shall not be permitted" or"shall not be <br /> allowed" shall be replaced with "shall be prohibited." <br /> SEWIP REGULATIONS <br /> The following is to be added as a new regulation in SMP Section 3.9, with <br /> renumbering/relettering to occur as appropriate: <br /> SEWIP Regulations <br /> When compensatory wetland mitigation is required for development in the <br /> estuary, the applicant must comply with the following regulations unless an <br /> alternative that provides equal or greater compensation is approved by state and <br /> federal resource agencies. <br /> SEWIP Salmon Overlay <br /> Exception for Maulsby Mudflats: The compensation ratios in Regulations 3, 6, <br /> and 7, however, will not apply to the Maulsby Mudflats due to the high natural <br /> resource value of the mudflats and the higher uncertainty of successfully <br /> mitigating impacts to this site. Compensation ratios for development at that site <br /> will be determined at the time a development is proposed based upon specific <br /> mitigation proposals and input from appropriate state and federal agencies. <br /> 1 —Unavoidable Impacts. Unavoidable adverse impacts to tidal habitat <br /> functions that result from loss of littoral habitat functions or area in the <br /> Snohomish River Estuary (including Port Gardner) shall be compensated by <br /> restoring or enhancing historic tidal aquatic habitat functions and littoral area in <br /> the estuary. <br /> Top priority is assigned to compensatory mitigation through tidal restoration in <br /> areas identified in the restoration plan (SO Section 6), and within the same EMU, <br /> where possible (Regulation 5). In cases where loss of function does not have an <br /> associated loss of littoral habitat area, mitigation can be provided in the form of <br /> restoration or enhancement of existing littoral habitat area, or by provision of new <br /> habitat area. <br /> 2—Mitigation Timing. Compensatory mitigation for unavoidable adverse <br /> impacts to tidal habitat functions shall be provided, either in advance of the <br /> impact or concurrently with the actions resulting in impact. (See Regulation 7 for <br />