27.12.845 Wetlands – Special requirements.
(1) Wetland mitigation plans shall be prepared by a person who meets the qualifications pursuant to this chapter, and has demonstrated experience in mitigation plan design, implementation, and monitoring.
(2) The overall goal of any mitigation plan shall be no net loss of wetland functions, acreage and values as determined by the assessment methodology in Part Two of this chapter.
(3) Authorized losses of wetland hydrologic functions classified pursuant to Part Two of this chapter shall be mitigated on the development proposal site, regardless of whether wetland acreage and fish and wildlife habitat functions are replaced off-site.
(4) Mitigation of unavoidable and necessary impacts shall occur based on enhancement and restoration priorities adopted by County Board of Commissioners and/or based on the following order of preference: contiguous to the wetland impacted; contiguous to aquatic habitat conservation areas and wetlands within the same watershed a wetland is part of, and contiguous to other aquatic habitat conservation areas and wetlands.
(5) Those persons proposing or required to compensate for wetland impacts shall show that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces, by accomplishing the following:
(a) Demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project;
(b) Demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals;
(c) Protect and manage or provide for the protection and management of the compensation area to avoid further development or degradation.
(6) Wetland mitigation plans required by this chapter shall be implemented by the project applicant, be commensurate with the scope of the development proposal and include the following components:
(a) Baseline Information. A written assessment and accompanying maps of the:
(i) Impacted wetland including, at a minimum, existing wetland acreage; vegetative, fauna and hydrologic characteristics; soil and substrate conditions; and topographic elevations.
(ii) Mitigation site, if different from the impacted wetland site, including at a minimum: existing acreage; vegetative, faunal and hydrologic conditions; relationship within watershed and to existing water bodies; soil and substrate conditions, topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership.
(b) Environmental Goals and Objectives. The report shall identify goals and objectives and include:
(i) The purposes of the compensation measures including a description of site selection criteria, identification of compensation goals, identification of target evaluation species and resource functions, dates for beginning and completion, and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland or, if out-of-kind, the type of wetland to be emulated;
(ii) A review of the available literature and/or experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns, dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion, periodic flooding and drought, etc., presence of invasive flora or fauna, potential human or animal disturbance, and previous comparable projects, if any.
(7) Performance Standards. Specific criteria shall be provided for evaluating whether or not the goals and objectives of the mitigation plan are being achieved at various stages in the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria.
(8) Detailed Construction Plans. Written specifications and descriptions of compensation techniques shall be provided including the proposed construction sequence, grading and excavation details, erosion and sediment control features needed for wetland construction and long-term survival, a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water-level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data.
(9) Monitoring Program. A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to:
(a) Establishing vegetation plots to track changes in plant species composition and density over time;
(b) Using photo stations to evaluate vegetation community response;
(c) Sampling surface and subsurface waters to determine pollutant loading and changes from the natural variability of background conditions (pH, nutrients, heavy metals);
(d) Measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate;
(e) Measuring sedimentation rates, if applicable; and
(f) Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting 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 two (2) years.
(10) Contingency Plan. Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met.
(11) Performance Bonds and Demonstration of Competence. A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided. A compensation project manager shall be named, and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted in the amount of 150 percent of the expected cost of compensation and shall be effective for a period of no less than two (2) years nor greater than five (5) years after completion of the mitigation plan. Administration costs incurred by Clallam County that are associated with bond administration and/or enforcement shall be paid for by the applicant.