16.10.080 Mitigation requirements.
The applicant shall avoid all impacts that degrade the functions and values of critical areas. If alteration is unavoidable, all adverse impacts to critical areas and buffers resulting from the proposal shall be mitigated in accordance with an approved critical areas report and SEPA documents. No mitigation option is available when the proposal would degrade an aquifer recharge area.
Mitigation shall be on site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area.
(1) Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following order of preference:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;
(c) Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project;
(d) Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;
(e) Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;
(f) Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and
(g) Monitoring the hazard or other required mitigation and taking remedial action when necessary.
(2) Mitigation Plan. When mitigation is required, the applicant shall submit for approval a mitigation plan as part of the critical area report. The mitigation plan shall include:
(a) A written report identifying mitigation objectives, including:
(i) A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation objectives; identification of critical area functions and values; and dates for beginning and completion of site compensation construction activities;
(ii) A review of the best available science supporting the proposed mitigation and a description of the report author’s experience to date in critical areas mitigation; and
(iii) An analysis of the likelihood of success of the compensation project.
(b) Measurable criteria for evaluating whether or not the objectives of the mitigation plan have been successfully attained and whether or not the requirements of this chapter have been met.
(c) Written specifications and descriptions of the mitigation proposed, including, but not limited to:
(i) The proposed construction sequence, timing, and duration;
(ii) Grading and excavation details;
(iii) Erosion and sediment control features;
(iv) A planting plan specifying plant species, quantities, locations, size, spacing, and density; and
(v) Measures to protect and maintain plants until established.
(d) A program for monitoring construction of the compensation project, and for assessing the completed project and its effectiveness over time. The program shall include a schedule for site monitoring and methods to be used in evaluating whether performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than 10 years.
(e) Identify potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. (Ord. 563 § 1, 2019; Ord. 367 § 2, 2005)