35.40.040 Regulations – Compensatory mitigation plan contents.
(1) Compensatory mitigation plans required by this Program shall include the following information:
(a) Baseline Information. A written assessment and accompanying maps of the following:
(i) Impacted critical area including, at a minimum, existing wetland/stream acreage; vegetative, fauna and hydrologic characteristics; soil and substrate conditions; and topographic elevations.
(ii) Mitigation site, if different from the impacted site, including at a minimum: existing acreage; vegetative, invasive plant inventory, 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.
(iii) Identify potential impacts (e.g., water supply) beyond the project site or control of the applicant that could compromise the success of the mitigation project. Mitigation site selection shall consider and address the potential for “risk of failure” of the mitigation site, including both off-site factors and the risk that third-party actions could compromise the success of the mitigation project.
(b) Environmental Goals and Objectives. The mitigation plan 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. The goals and objectives shall be related to the functions and values of the original critical area or, if out of kind, the type of critical area to be emulated.
(ii) A review of the available literature and/or experience to date in restoring or creating the type of critical area proposed. An analysis of the likelihood of success of the compensation project at duplicating the original resource shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored resources shall be provided based on such factors as surface and groundwater supply and flow patterns, dynamics of the ecosystem, sediment or pollutant influx and/or erosion, periodic flooding and drought, presence of invasive flora or fauna, potential human or animal disturbance, and previous comparable projects, if any.
(c) Performance Standards. Specific and measurable 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, in-stream habitat conditions, species abundance and diversity targets, habitat diversity indices, measures for removal of invasive plants, or other ecological, geological, or hydrological criteria.
(d) 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 construction and long-term operation; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; soil, mulch or material source; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; substrate stockpiling techniques and planting instructions; descriptions of water control structures and water-level maintenance practices needed to achieve the necessary 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.
(e) Monitoring Program. A program outlining the timing of and approach for monitoring construction of the compensation project and for assessing that a completed project is achieving the mitigation plan goals, objections and performance standards shall be provided. Monitoring may include, but is not limited to:
(i) Establishing vegetation plots to track plant establishment/survival, and changes in plant species composition and density, including invasive plant species and likelihood of persistence, over time;
(ii) Using photo stations to evaluate vegetation community response;
(iii) Measuring physical parameters such as wetland size, stream dimensions, channel characteristics, buffer width;
(iv) Monitoring shallow groundwater levels to document hydrologic regimes/hydroperiods;
(v) Sampling surface and subsurface waters to determine pollutant loading and changes from the natural variability of background conditions (pH, nutrients, heavy metals);
(vi) Measuring base flow rates and stormwater runoff to model and evaluate water quality predictions, if appropriate;
(vii) Measuring sedimentation rates, if applicable; and
(viii) Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity.
(f) Monitoring and Reporting. Following construction, the mitigation site shall be monitored consistent with approved monitoring program in subsection (1)(e) of this section. Monitoring results shall be made available to the County upon request, and a final close-out monitoring report shall be submitted to the County 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 five years. Mitigation projects that are intended to establish forested conditions (e.g., forested wetland or forested riparian area) shall be monitored for up to 15 years with a minimum of seven years.
(g) 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. If remedial action or contingency actions are not working, the applicant/proponent may seek amendment of the mitigation plan to consider adaptive management alternatives to achieve successful mitigation.
(h) 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 measures shall be posted in the amount of 150 percent of the expected cost of compensation. The bond shall be held until monitoring indicates that the performance standards have been achieved and the site is fulfilling its intended goals as defined in the mitigation plan. The Administrator may release portions of the bond at specific performance milestones provided the site is meeting the milestone objectives set forth in the approved mitigation plan; and provided, that sufficient funds to complete the monitoring remain. Administration costs incurred by Clallam County that are associated with bond administration and/or enforcement shall be paid for by the applicant.
(i) Additional information as specified in CCC 35.40.050 through 35.40.080, as applicable.