§ 24.35.017. Monitoring and contingency requirements.

A.

A contingency plan shall be established for compensation in the event the mitigation project is inadequate or fails. The contingency plan is to provide specific corrective measures for such common mitigation plan failings as plant mortality, undesirable vegetation, vandalism, damage due to wildlife grazing, grading errors, damage caused by erosion, settling, or other geomorphological processes, and hydro-regime problems. A financial guarantee shall be provided per Chapter 24.70 TCC. Financial guarantees shall be based on an estimate submitted to the County detailing the work to be accomplished and the current cost.

B.

Requirements of monitoring programs are as follows:

1.

Scientific procedures are to be used for establishing the success or failure of the project.

2.

Monitoring reports prepared by a fish or wildlife biologist are to be submitted for department review. Monitoring reports generally will include discussions of wildlife utilization of the site, habitat structure establishment, water quality, and existing or potential degradation.

3.

Monitoring reports for wetland mitigation projects shall be prepared per the Monitoring Report Checklist in Appendix M of Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication #06-06-011b, March 2006, as amended).

4.

For critical aquifer recharge areas, the approval authority may require water quality or quantity monitoring as a condition of approval and to document compliance with permit conditions. This may include establishment of baseline conditions for water quality and quantity. Said monitoring shall be performed by a qualified individual or entity, approved by the county. Monitoring may also be delegated to an appropriate county department and paid for by the applicant. The approval authority shall periodically review the need for continued monitoring and shall authorize termination of the monitoring if it is determined that it is no longer warranted.

5.

Monitoring may include, but is not limited to:

a.

Evaluation of the project's status relative to the project's performance standards and goals in the approved mitigation plan.

b.

Evaluation of vegetation plots to track changes in plant species composition and density over time;

c.

Using photo stations to evaluate vegetation community response;

d.

Sampling surface and subsurface waters to determine pollutant loading and changes from the natural variability of background conditions (e.g., pH, nutrients, heavy metals);

e.

Measuring base flow rates and stormwater runoff to model and evaluate water quality predictions, if appropriate;

f.

Measuring sedimentation rates, if applicable;

g.

Wildlife utilization of the site. If warranted, sampling fish and wildlife populations may be required to determine habitat utilization, species abundance and diversity;

h.

Existing degradation; and

i.

Hydric soil characteristics monitored through the use of one or a combination of the following: Munsell soil color, pH, particle size, redox potential, organic content, microbial activity, time and duration of saturation or ponding, and alkalinity. The duration and extent of water on site can be approximated by periodic field visits to verify depth and extent of hydrology. Alternatively, continuous data loggers could be installed that monitor the hydroperiod.

6.

Monitoring reports for mitigation projects specific to vegetative restoration or enhancement shall comply with the following:

a.

Monitor for a period of time appropriate to the nature of the project (single-family versus commercial) and the complexity of the mitigation project. The majority of monitoring programs will last a minimum of five years (ten years for forested and scrub-shrub communities) and are to be submitted according to the following schedule:

i.

At completion of construction of mitigation project (as-built report);

ii.

Thirty days after completion;

iii.

Early in the first growing season after construction;

iv.

End of the first growing season after construction;

v.

Twice the second year; and

vi.

Once in years 3, 5, 7 and 10.

b.

Deviation from this schedule may be allowed based upon project specific conditions.

7.

Monitoring reports for mitigation projects whose goals are other than vegetative restoration or enhancement are to be submitted to the department for a period of time, and upon a schedule, appropriate for the species or habitat of concern. The specifics of such mitigation projects will be determined on a project by project basis.

C.

As a condition of approval for permits requiring monitoring, the county shall be provided the ability to enter property to verify monitoring reports and compliance with conditions of permit approval.

D.

Failures in the mitigation project shall be corrected as required by the county, such as, but not limited to:

1.

Replace dead or undesirable vegetation with appropriate plantings.

2.

Repair damage caused by erosion, settling, or other geomorphological processes.

3.

If necessary, redesign the mitigation project and implement the new design.

E.

Correction procedures shall be approved by the fish or wildlife biologist and the director or designee.

(Ord. No. 14773, § 3(Att. B), 7-24-2012)