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1. Approval. City approval of a mitigation plan is a prerequisite for approval of any development activities in critical areas.

A. The applicant shall submit a written request describing the extent and nature of the proposed development activity on critical areas and buffers. The request shall include boundary locations of all critical areas and attendant buffers.

B. The application for development shall include a mitigation plan prepared in compliance with this section. Mitigation plans shall be developed utilizing the guidelines found in Wetland Mitigation in Washington State, Part 1, Agency Policies and Guidance (version 1, Publication #06-06-011a, March 2006) and Wetland Mitigation in Washington State, Part 2, Developing Mitigation Plans (Version 1, Publication #06-06-011b, March 2006)

C. The City may require the applicant to prepare special reports evaluating potential adverse impacts upon critical areas and potential mitigation measures as part of the land use application process. These reports may include, but are not limited to, the following: storm water management plan; hydrology, geology, and soils report; grading and erosion control plan; native vegetation report; fish and wildlife assessment and impact report; water quality report; wetlands delineation; and other reports determined necessary by the city.

D. The City shall consult with state and federal resource management agencies and, in order to protect wildlife habitat or natural resource values, shall attach such conditions as may be necessary to effectively mitigate identified adverse impacts of the proposed development activity.

E. The City may request third party “peer review” of an application by qualified professionals and may incorporate recommendations from such third party reports in findings approving or denying the application.

F. All reports recommending mitigation shall include provisions for monitoring of programs and replacement of improvements, on an annual basis, consistent with report recommendations and at one-, three-, five- and seven-year intervals.

G. The City may require replacement mitigation to be established and functional prior to project construction.

2. No Net Loss.

A. Mitigation efforts, when allowed, shall ensure that development activity does not yield a net loss of the area or function of the critical areas. No net loss shall be measured by:

1. Avoidance or mitigation of adverse impacts to fish life; or

2. Avoidance or mitigation of net loss of habitat functions necessary to sustain fish life; or

3. Avoidance or mitigation of loss of area by habitat type.

B. Mitigation to achieve no net loss should benefit those organisms being impacted.

C. Where development results in a loss of wetland area, the mitigation plan shall demonstrate that wetland area is replaced consistent with the ratios described in section 17.25.130. The created or enhanced wetland shall be, acre for acre, of equal or greater biological values, including habitat value, and with equivalent hydrological values including storage capacity.

1. Mitigation Plan. A mitigation plan shall provide for the design, implementation, maintenance, and monitoring of mitigation measures. A mitigation plan shall include but is not limited to the following:

A. Methods and techniques to be used to mitigate impacts to critical areas;

B. Explanation of methods and techniques, such as construction practices to be used to implement the identified mitigation methods;

C. Methods and techniques for monitoring said mitigation and a proposed timeframe for such monitoring. Monitoring periods shall be a minimum of 5 years and shall be 10 or more years for scrub-shrub communities and other areas were rate of growth slows the development of adequate cover.