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7. Include provisions for an assurance device as provided by Chapter 40 of this title to <br />ensure that work is completed in accordance with the mitigation plan and that <br />restoration or rehabilitation is performed in accordance with the contingency plan if <br />mitigation failure results within five years of implementation. <br />H. Construction Plans. Construction plans necessary to implement requirements of the <br />detailed mitigation plan shall be provided prior to issuance of construction permits. Plans <br />shall include site plans, cross-sections, the proposed construction sequencing and timing; <br />surface and sub -surface hydrologic conditions, including proposed hydrologic regimes for <br />compensatory mitigation areas; grading and excavation details, erosion and sediment <br />control measures; a planting plan specifying plant species, quantities, location, size, <br />spacing, and density. <br />I. Protective Covenants and Tracts. Lakes/ponds and their buffers on development sites, <br />including compensatory mitigation areas, shall be placed within a critical area protective <br />covenant or tract as required by Section 22 (37.220) of this chapter. <br />Created lakes and ponds. Lakes and ponds created to mitigate alteration, restoration, <br />creation, or enhancement activities allowed pursuant to this chapter shall be protected <br />according to the applicable category (with salmonids or without salmonids) being replaced. <br />(This section shall be codified as EMC 19.37.150.) <br />Section 16: Classification of Streams <br />A. Streams shall be classified based upon an amended version of the water classification <br />system established under WAC 222-16-030 as follows: <br />1. Type S Stream. Those streams, within their ordinary high water mark, as inventoried as <br />"shorelines of the state" under Chapter 90.58 RCW and the rules promulgated pursuant <br />thereto, including the periodically inundated areas of their associated wetlands. <br />2. Type F Stream. Those stream segments within the ordinary high water mark, including <br />the periodically inundated areas of their associated wetlands that are not Type S <br />streams, and which are demonstrated or provisionally presumed to be used by salmonid <br />fish. Stream segments which have a width of two feet or greater at the ordinary high <br />water mark and have a gradient of 16 percent or less for basins less than or equal to 50 <br />acres in size, or have a gradient of 20 percent or less for basins greater than 50 acres in <br />size are provisionally presumed to be used by salmonid fish. A provisional presumption <br />of salmonid fish use may be refuted at the discretion of the community development <br />director where any of the following conditions are met: <br />a. It is demonstrated to the satisfaction of the city that the stream segment in question is <br />upstream of a complete, permanent, natural fish passage barrier, above which no <br />stream section exhibits perennial flow; <br />37 <br />