2005/08/10 Council Agenda Packet

13 13. Threatened, Endangered, or Commercially Important Species. All tidal and associated riparian areas within the SEWIP planning area are designated critical habitat for chinook salmon and are likely to also constitute important habitat for coho salmon and anadromous native char. If areas in the UGA have other threatened, endangered or commercially important species, then the compensation plan shall incorporate design measures to mitigate any impacts to these species and their habitats. 14. Use of Restoration Acreage in Lieu of Maintenance and Contingency Bond. The restoration of additional habitat acreage may be used in lieu of a maintenance and contingency bond. The area of this in-kind maintenance and contingency bond shall be at least equal to one-half the area required for compensation (1 additional acre of restoration for every 2 acres needed as compensation). Habitats that are restored/enhanced for the maintenance and contingency bond may be used or sold by the applicant to compensate for other impacts when all the 5-year performance standards established in the mitigation plan are met. Separate bonds may be required for monitoring. 15. Projects with Impacts Outside of the Estuary Study Area. Projects with impacts outside of the SEWIP study area may be compensated for within the SEWIP study area, consistent with the SEWIP restoration and/or enhancement goals and objectives. 16. Loss of Palustrine Wetlands. Compensation is required where existing palustrine wetlands will be converted to tidal habitat for compensatory mitigation. The acreages calculated per this regulation are set aside within the restored mitigation site and may not be considered as compensatory mitigation. However, to provide an incentive to developers to undertake tidal restoration as compensatory mitigation, while recognizing the range of functions provided by different types of isolated palustrine wetlands, the following ratios shall apply for wetlands, based on existing scores from the SEWIP freshwater model (SO Figure 5.1). Alternatively, a project proponent may rescore the site using that model to reflect existing conditions: • Fourth quartile(highest quality)—0.75 acre for each acre lost • Third quartile (moderate quality)—0.5 acre for each acre lost • Second quartile (fair quality)—0.3 acre for each acre lost • First quartile (lowest quality)—0.1 acre for each acre lost • No compensation shall be required for vegetated freshwater wetlands lost through restoration of tidal functions, if the restoration project is not used as compensatory mitigation. B. 1997 SEWIP Regulations (Apply to palustrine compensation only) The following mitigation ratios apply only to the development footprint identified in Figure 2.3A in SEWIP. 1. Unavoidable Impacts. Unavoidable impacts to wetland functions in the Snohomish River Estuary shall be compensated by restoring historic wetlands in the Estuary identified in the restoration plans (Table 2.1 and Chapter 5 in the 1997 SEWIP). 97 32