2005/08/10 Council Agenda Packet

ii. Native vegetation and soils at the site should be protected and low impact development techniques should be used to promote infiltration of stormwater at the source. Stormwater facilities shall be integrated into the wetland buffer as a natural drainage system. The slopes and all areas that are disturbed shall be planted with native vegetation consistent with a buffer enhancement/mitigation plan. Above ground concrete walls and structures are not permitted. Below grade structures may be permitted only if it can be shown to the satisfaction of the planning director that the use of such materials fits with the natural design of the proposed facility and does not interfere with wildlife passages or adversely impact biological functions of the buffer or the adjacent critical area. iii. The facilities must include a buffer enhancement and management plan that would improve the functional performance of the buffer and associated critical area. iv. The location of such facilities will result in no net loss of wetland ecological functions. For Category II, III, and IV wetlands and streams,the Planning Director may grant an exception to the outer 25% limitation when the applicant demonstrates that the project would significantly increase wetland or stream function. SECTION 14: Compensatory Wetland Mitigation Regulation 35 in Section 3.9 of the Shoreline Master Program, Exhibit A to Ordinance No. 2600-02, as amended, which was codified in EMC 19.33D.090.A.35, and which currently reads as follows: SEWIP Regulations When compensatory wetland mitigation is required for development in the estuary, the applicant must comply with the following regulations unless an alternative that provides equal or greater compensation is approved by state and federal resource agencies. A. SEWIP Salmon Overlay Exception for Maulsby Mudflats: The compensation ratios in Regulations 35.A. 3, 6, and 7, however, will not apply to the Maulsby Mudflats due to the high natural resource value of the mudflats and the higher uncertainty of successfully mitigating impacts to this site. Compensation ratios for development at that site will be determined at the time a development is proposed based upon specific mitigation proposals and input from appropriate state and federal agencies. 1. Unavoidable Impacts. Unavoidable adverse impacts to tidal habitat functions that result from loss of littoral habitat functions or area in the Snohomish River Estuary (including Port Gardner) shall be compensated by restoring or enhancing historic tidal aquatic habitat functions and littoral area in the estuary. Top priority is assigned to compensatory mitigation through tidal restoration in areas identified in the restoration plan (SO Section 6), and within the same EMU, where possible (Regulation 35.A.5). In cases where loss of function does not have an associated 93 28