19.70.130 Mitigation plan requirements.
When mitigation is required, the applicant must submit for approval by the city a mitigation plan as part of the critical area report. The mitigation plan must include:
A. Environmental Goals and Objectives. The mitigation plan must identify environmental goals and objectives of the mitigation proposed and including:
1. A description of the anticipated impacts to the critical areas, the mitigating actions proposed, and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives must be related to the functions and values of the impacted critical area; and
2. A review of the best available science supporting the proposed mitigation and a description of the report author’s experience to date in restoring or creating the type of critical area proposed.
B. Performance Standards. The mitigation plan must include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained at the end of the required monitoring period and whether or not the requirements of this chapter have been met.
C. Detailed Construction Plans. In order to convey proposed construction techniques and anticipated final outcome, the mitigation plan must include written specifications, descriptions, and drawings of the mitigation proposed, including:
1. The proposed construction sequence, timing, and duration;
2. Best management practices including erosion and sediment control features to be implemented;
3. Site plans showing grading and excavation details, slope gradient, and final grade elevations with minimum two-foot contour intervals;
4. Cross-sectional drawings;
5. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and
6. Measures to protect and maintain plants until established.
D. Monitoring Program and Contingency Plan. A monitoring and contingency plan is required for all projects requiring mitigation.
1. The mitigation plan must include a monitoring program to be implemented by the applicant to determine the success of the mitigation project and any necessary corrective actions. This program must determine if the original goals and objectives of the mitigation plan are being met.
2. A contingency plan must be established for indemnity in the event that the mitigation project is inadequate or fails. Contingency plans include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. Corrective measures must be taken when the qualified professional indicates, in a monitoring report, that the contingency actions are needed to ensure project success by the end of the monitoring period. A performance and maintenance bond, or other acceptable financial guarantee, is required to ensure the applicant’s compliance with the terms of the mitigation agreement consistent with AMC 19.70.150, Financial guarantee requirements.
3. Monitoring programs prepared to comply with this section must include the following requirements:
a. Best available scientific procedures must be used to establish the success or failure of the project. A protocol outlining the schedule for site monitoring (for example, monitoring must occur in years zero (as-built), one, three, and five after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met.
b. For vegetation determinations, permanent sampling points must be established.
c. The monitoring program must include measurable specific criteria, or performance standards, for evaluating whether or not the goals and objectives of the mitigation plan have been successfully attained.
d. A monitoring report must be submitted as needed to document milestones, successes, problems, and contingency actions of the mitigation project. Monitoring reports on the current status of the mitigation project must be submitted, consistent with subsection (D)(3)(e) of this section, to the city on the schedule identified in the monitoring plan, but not less than every other year. The reports are to be prepared by a qualified professional and reviewed by the city, or a qualified professional retained by the city, and should include monitoring information on wildlife, vegetation, water quality, water flow, stormwater storage and conveyance, and existing or potential degradation, as applicable.
e. Monitoring programs must be established for a period necessary to establish that performance standards have been met, but not for less than a minimum of five years without approval from the decision-maker. A longer monitoring period may be required depending on the mitigation goals.
f. If necessary, failures in the mitigation project must be corrected.
g. Dead or undesirable vegetation must be replaced with appropriate plantings.
h. Damage caused by erosion, settling, or other geomorphological processes must be repaired.
i. The mitigation project must be redesigned (if necessary) and the new design must be implemented and monitored, as in subsection (D)(3)(d) of this section.
j. Correction procedures must be approved by the decision-maker; the decision-maker may request review by a qualified professional.
k. If the mitigation goals are not obtained within the initial monitoring period, the applicant remains responsible for restoration of the impacted values and functions or hazard risk reduction until the mitigation goals agreed to in the mitigation plan are achieved.
E. Monitoring Reports. Monitoring reports must be submitted to the city consistent with the approved monitoring plan.
1. The as-built report, required prior to final inspection, must, at a minimum, include documentation of the following:
a. Departures from the original approved plans;
b. Construction supervision provided by the qualified professional;
c. Approved project goals and performance standards;
d. Baseline data for monitoring per the approved monitoring methods;
e. Photos from established photo points; and
f. A site plan showing final mitigation as constructed or installed, monitoring points, and photo points.
2. Subsequent monitoring reports must, at a minimum, include:
a. Monitoring visit observations, documentation, and analysis of monitoring data collected;
b. Photos from established photo points;
c. Determination whether performance standards are being met; and
d. Maintenance and/or contingency action recommendations to ensure success of the project at the end of the monitoring period.
3. The applicant is responsible for reimbursement of the cost of review of monitoring reports and site inspections during the monitoring period which are completed by the city or a qualified professional under contract with or employed by the city.
F. Cost Estimates. The mitigation plan must include cost estimates that will be used by the city to calculate the amounts of financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures must be posted in accordance with AMC 19.70.150, Financial guarantee requirements.
G. Approved Mitigation Projects – Signature. On completion of construction, an as-built report for any approved mitigation project must be prepared and signed off by the applicant’s qualified professional and approved by the city. Signature of the qualified professional on the required as-built report and approval by the Director indicates that the construction has been completed as planned. (Ord. 4025 § 2 (Att. A), 2022; Ord. 3064 § 2 (Att. A), 2021)