2005/08/10 Council Agenda Packet

13 1.c Impacts to palustrine wetlands inside the SETAC approved development footprint (SEWIP Figure 2.3A). Prior to issuance of Certificate of Occupancy or Public Works Permit Final Inspection. the applicant must submit (l) an as-built signed by the wetland biologist documenting that the wetland mitigation has been constructed per plans: and (2) performance guarantees for monitoring, maintenance, and contingency. Id. Impacts to palustrine wetland mitigation outside the SETAC approved development footprint (SEWIP Figure 2.3A.). Mitigation for impacts to palustrine wetlands outside the development footprint shall be completed concurrently or in advance of the impact to the wetland. Concurrent mitigation is defined as mitigation that has been constructed and has met the ratios established in Regulation 35B.3.a by the time impact is incurred. Advanced mitigation is mitigation that meets the 5-year performance standards at the time of impact. 2. Minimum Compensation Requirements. The minimum requirements for compensation will be one acre of restored wetland for one acre of wetland lost. 3a. How Compensation is Calculated. The acreage of compensation shall be calculated from the IVA function performance scores using the following ratio, provided that the minimum compensation requirement of regulation 35.B.2 is met (see 1997 SEWIP Figure 2.4 for example): IVA score for per acre function lost X (1.25) X (acres lost) = Acreage of compensation IVA score for per acre function gained This regulation applies when the restoration credits are less than the impact debits and the calculated "Acreage of Compensation"will not be less than the acreage loss; otherwise regulation 35.B.2 should be applied. The 1.25 multiplier is included in this ratio calculation to compensate for the temporal loss of wetland functions at the impact site during the time required for the functions at the compensation site to approach the"pre- impact" level of performance. 3b. How Compensation is Calculated When Regulations 35.B. 2 and 98 are Met. In cases where the performance standards established for"year 5"have been met (see 35.B.9), the acreage of compensation shall be calculated from the IVA function performance scores using the following ratio, provided that the minimum compensation requirement of regulation 35.B.2 is met: IVA score for per acre function lost X (acres lost) = Acreage of Compensation IVA score for per acre function gained This regulation is intended to provide incentive to developers for the creation of large wetland compensation banks. The 1.25 "temporal"multiplier is not included in this ratio calculation because the compensation site has demonstrated through monitoring 15 40