Ordinance 2859-05 - Laserfiche WebLink

• Out-of-kind compensation for the two watershed process-based functions identified in the Tidal Habitat Model (e.g., LWD recruitment, feeder bluffs) shall be prohibited, except for cases where tree removal is required for maintenance of the integrity of functional dikes. 5. Where Compensation Can Occur. • Compensation for impacts to vegetated palustrine wetlands may occur within any EMU, with either created, enhanced, or restored tidal habitat. However, to replace palustrine wetland functions with palustrine wetland functions, the original SEWIP process and vegetated wetland model applies See the 1997 SEWIP Regulations after Regulation 35.A.16 below. • Compensation for impacts to tidal (i.e., anadromous fish)habitats must occur with tidal habitat creation, enhancement, or restoration, preferably within the same EMU (SO Figure 3.1) or secondarily within the adjacent downstream EMU, with the following exceptions: • Because the nature of salmonid habitat functions provided by the salmonid habitat in EMU 7 (Port Gardner shoreline) is somewhat different from those provided in EMUs upstream in the estuary, impacts in EMU 7 shall be compensated only in EMUs 4 or 7. • Opportunities for habitat restoration in the highly modified habitats in EMUs 5 and 6 are limited; therefore, impacts in EMUs 5 and 6 may be compensated in EMUs 2, 3, 4, 5, or 6. Because EMUs 1, 2, and 6 have the smallest proportions of their total acreage that is salmon habitat (SO Table 4.2)within their boundaries, further reduction of habitat area and function should be avoided. • Impacts in EMU 3 may be compensated in EMUs 2, 3, or 4. 6. How Compensation is Calculated. The SEWIP assumes that in all cases there will be no temporal loss of cumulative salmonid habitat function as calculated by the model. Where mitigation is provided in advance of project impacts (e.g., the performance standards established for Year 5 have been met at the mitigation site), the acreage of compensation shall be calculated from the IVA function performance scores (Year 5) using the following ratio, provided that a minimum compensation requirement of 1:1 acres ("no net loss") of area is met and provided that the minimum functional replacement compensation requirement of Regulation 35.A.3 is met. IVA score per acre function lost X acres lost = Acres of compensation IVA score ner acre function gained at mitigation site 7. How Compensation is Calculated (Concurrent Mitigation). The acreage of compensation for concurrent mitigation (mitigation that is constructed but may not be fully functioning 30