Ordinance 3676-19 - Laserfiche WebLink

i. When alteration is allowed pursuant to the "reasonable use" exception as provided in Section 37.050.B of this chapter; ii. When alteration is allowed for a water dependent or water related use; iii. When on site or off site mitigation in the immediate vicinity of the project is not reasonable; iv. When the wetland being altered is of a lower quality and has lesser functions than the wetland which is being used for the mitigation banking. b. Wetland mitigation banks may be approved under the provisions of Chapter 173 700 WAC. For any wetl-a-R-el mitigation bank certified under Chapter 17 U A -• - • - . •- e. - be approved for use as compensation for unavoidable impacts to wetlands when: i. The director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts. ii. The proposed use of credits is consistent with the terms and conditions of the bank's certification. iii. Replacement ratios for projects using bank credits shall be consistent with the terms and conditions of the bank's certification. within the service area specified in the bank's certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions. 124. In-Lieu Fee Mitigation. In-lieu fee (ILF) mitigation is a program involving the restoration, establishment, enhancement, and/or preservation of aquatic resources through funds paid to a program sponsor to satisfy compensatory mitigation requirements for unavoidable impacts to wetlands and other aquatic resources. Per federal rule, sponsorship of ILF programs is limited to governmental,tribal, or nonprofit natural resource management entities. Similar to a wetland mitigation bank, an ILF program sells credits to permittees whose unavoidable impacts occur within a specified geographic area (service area).When credits are purchased from the ILF program,the permittee's obligation to provide compensatory mitigation is then transferred to the ILF program sponsor.The sponsor is then required to implement mitigation within a specified timeframe, working with regulatory agencies to make sure impacts are fully mitigated. ILF programs are approved by the U.S.Army Corps of Engineers and the Washington State Department of Ecology. The city may allow compensation for unavoidable impacts to wetlands through contribution to an approved ILF program. CD. Wetland and Buffer Mitigation Plans.When wetland or buffer alteration or buffer reduction is permitted by this chapter, a mitigation plan shall be required to describe the methods the applicant will use to minimize impacts to wetland functions.This plan is in addition to the requirements of Section 19.37.100 of this chapter.A detailed mitigation plan shall be approved by the city prior to any development activity occurring on a lot upon which wetland or wetland buffer alteration, restoration, creation or enhancement is proposed.See Section 37.075 of this chapter for required wetland mitigation plan content.The mitigation plan shall be prepared by a qualified professional who is a certified professional wetland scientist, a noncertified professional wetland scientist with a minimum of wetland science to the satisfaction of the planning director.The qualifications of the professional who prepared the plan shall be included in the mitigation plan. The director shall have the authority to hire an outside consultant at the applicant's expense to review plans when the city has concerns about the accuracy or completeness of the plan.The plan shall use accepted methodologies and include information as required by the planning director's administrative guidelines, and shall: 1. Include a baseline study that quantifies the existing wetland and buffer functions, functions that will Planning Commission Resolution 19-04 Page 44 Critical Areas March 19, 2019