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13 <br /> loss of littoral habitat area,mitigation can be provided in the form of restoration or <br /> enhancement of existing littoral habitat area, or by provision of new habitat area. <br /> 2. Mitigation Timing. Compensatory mitigation for unavoidable adverse impacts to tidal <br /> habitat functions shall be provided, either in advance of the impact or concurrently with <br /> the actions resulting in impact. (See Regulation 35.A.7 for a definition of concurrent <br /> mitigation.) No temporal lag shall occur between the time of loss of functions to the <br /> impact and the time when at least equivalent salmonid habitat functions are provided <br /> through mitigation actions. <br /> 3. Minimum Compensation Requirements. The minimum requirements for compensation <br /> shall be: <br /> • 1 acre (or fraction thereof) of restored littoral habitat for each acre (or fraction <br /> thereof) of littoral habitat lost from diking, dredging, and/or filling. Littoral habitat <br /> includes all area from -10.0 ft MLLW to at least OHW (where discernible; otherwise <br /> MHHW); area of both impact and mitigation sites is extended landward to the extent <br /> of the riparian zone as defined in SO Section 2.4. <br /> • 1 acre(or fraction thereof) of tidal or palustrine habitat for each acre (or fraction <br /> thereof) of palustrine habitat lost to development (see also Regulation 35.A.16). <br /> • IVA-acres of habitat function for the limiting taxon (chinook or coho/bull trout) for <br /> each IVA-acre lost. This 30 percent increase in function accounts for uncertainty in <br /> the habitat assessments provided by the model as described above, and is intended to <br /> ensure that the SEWIP goal of a net increase in habitat function is achieved. <br /> Minimum acreage compensation regulations do not apply to habitat restoration and <br /> enhancement projects that are not used for compensatory mitigation. Mitigation credit <br /> for log raft storage restrictions that remove a stressor from a tideflat are only allowed as <br /> mitigation for lost habitat function, not area. Note that loss of riparian function above <br /> OHW should be scored by the model, and should be compensated. <br /> 4. Out-of-Kind Compensation. <br /> • Development impacts to tidal or tidally influenced habitats shall not be compensated <br /> for with palustrine wetland enhancement, restoration, or creation. <br /> • Development impacts to palustrine wetland habitats may be compensated for with <br /> tidal habitat restoration or creation on an acre-for-acre basis. If nontidal mitigation is <br /> proposed for loss of nontidal palustrine wetlands in the SEWIP planning area, it <br /> should be reviewed to ensure that opportunities to recover tidal function would not be <br /> foreclosed. To replace palustrine wetland functions with palustrine wetland <br /> functions, the original SEWIP process and vegetated wetland model applies (City of <br /> Everett et al. 1997). <br /> 29 <br />