15.68.440 Habitat impact assessment.
Unless allowed under ACC 15.68.370 and 15.68.380, a permit application to develop in the Special Flood Hazard Area shall include an assessment of the impact of the project on federal, state or locally protected species and habitat, water quality and aquatic and riparian habitat. The assessment shall be:
A. A biological evaluation or biological assessment developed per 50 CFR 402.12 to initiate federal interagency consultation under Endangered Species Act Section 7.a.2; or
B. Documentation that the activity fits within Section 4.d of the Endangered Species Act; or
C. Documentation that the activity fits within a habitat conservation plan approved pursuant to Section 10 of the Endangered Species Act, where any such assessment has been prepared or is otherwise made available; or
D. An assessment prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2013. The assessment shall determine if the project would adversely affect:
1. Species that are federal, state or local listed as threatened or endangered.
2. The primary constituent elements for critical habitat when delineated, including but not limited to water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids.
3. Essential fish habitat designated by the National Marine Fisheries Service.
4. Fish and wildlife habitat conservation areas.
5. Other protected areas and elements necessary for species conservation. (Ord. 6761 § 1 (Exh. A), 2020.)