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13 <br /> Exhibit 1 <br /> i. The buffer area has been previously substantially and legally altered and is <br /> degraded as defined by PDI 01-005; <br /> ii. Native vegetation and soils at the site should be protected and low impact <br /> development techniques should be used to promote infiltration of <br /> stormwater at the source. Stormwater facilities shall be integrated into <br /> the wetland buffer as a natural drainage system. The slopes and all areas <br /> that are disturbed shall be planted with native vegetation consistent with a <br /> buffer enhancement/mitigation plan. Above ground concrete walls and <br /> structures are not permitted. Below grade structures may be permitted only <br /> if it can be shown to the satisfaction of the planning director that the use of <br /> such materials fits with the natural design of the proposed facility and does <br /> not interfere with wildlife passages or adversely impact biological functions <br /> of the buffer or the adjacent critical area. <br /> iii. The facilities must include a buffer enhancement and management plan that <br /> would improve the functional performance of the buffer and the stream or <br /> wetland. <br /> iv. The location of such facilities will result in no net loss of wetland <br /> ecological functions. <br /> For Category II, III, and IV wetlands and streams, the Planning Director may grant <br /> an exception to the outer 25% limitation when the applicant demonstrates that the <br /> project would significantly increase wetland or stream function. <br /> 33. For all mitigation proposals incorporating buffer enhancement, a 5-year Set-Aside <br /> shall be required to cover the costs of monitoring, maintenance, and contingencies, <br /> including 50 percent of the cost of the plantings. The applicant's biologist shall <br /> submit a letter to the City upon installation of the buffer enhancement. Monitoring <br /> reports shall be submitted at the end of years 1, 3, and 5 following installation, <br /> unless more frequent reports are required in the approval. Contingences must be <br /> implemented based upon the findings of the monitoring. The City may release the <br /> Set-Aside sooner than 5 years if the enhancement is determined by the City to be <br /> successful. <br /> 35.A.4.Out-of-Kind Compensation. <br /> • Development impacts to tidal or tidally influenced habitats shall not be <br /> compensated for with palustrine wetland enhancement, restoration, or <br /> creation. <br /> • Development impacts to palustrine wetland habitats may be compensated <br /> for with tidal habitat restoration or creation on an acre-for-acre basis. If <br /> nontidal mitigation is proposed for loss of nontidal palustrine wetlands in <br /> the SEWIP planning area, it should be reviewed to ensure that opportunities <br /> to recover tidal function would not be foreclosed. To replace palustrine <br /> 155 <br /> Section 3 General Goals, Objectives, Policies and Regulations Page 3-85 <br />