15.68.450 Habitat mitigation plan.
A. If the assessment conducted under ACC 15.68.440 concludes the project is expected to have an adverse effect on water quality and/or aquatic or riparian habitat or habitat function, the applicant shall provide a plan to mitigate those impacts, in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2013.
1. If the USFWS or NMFS issues an incidental take permit under Section 10 of the Endangered Species Act or a biological opinion under Section 7 of the Endangered Species Act, then it can be considered to qualify as a plan to mitigate those impacts.
2. If the project is located in the Protected Area, the mitigation plan shall stipulate avoidance measures as are needed to ensure that there is no adverse effect during any phase of the project. No compensatory mitigation is allowed in the Protected Area.
3. If the project is located outside the Protected Area, the mitigation plan shall include such avoidance, minimization, restoration, or compensation measures so that indirect adverse effects of development are mitigated such that equivalent or better habitat protection is provided for the following functions:
a. Storm Water. Reduce flood volumes and storm water runoff from new development by ensuring that increased volumes of storm water reach the river at the same frequency, timing and duration as historical runoff. Low impact development (LID) is required to be incorporated as described in ACC 15.68.270(B).
b. Riparian Vegetation. Maintain or replace riparian function by providing equivalent area, diversity, and function of riparian vegetation as currently exists on the site. Riparian retention requirements are outlined in ACC 15.68.400.
c. Hyporheic Zones. No activity is allowed that interferes with the natural exchange of flow between surface water, groundwater and hyporheic zone; however, natural hyporheic exchange may be enhanced or restored.
d. Wetlands. Wetland function must be maintained or replaced by providing equivalent function.
e. Large Woody Debris. Any large woody debris (LWD) removed from the floodplain must be replaced in kind, replicating or improving the quantity, size, and species of the existing LWD per Washington Department of Fish and Wildlife Aquatic Habitat Guidelines.
4. No new stream crossings are allowed outside the Protected Area unless approval has been obtained as stated in ACC 15.68.460(A).
B. The plan’s habitat mitigation activities shall be incorporated into the proposed project. The floodplain development permit shall be based on the redesigned project and its mitigation components.
C. As required in ACC 15.68.230, the floodplain administrator or designee shall not issue a certificate of occupancy or final permits until all work identified in the habitat assessment and mitigation plan has been completed or the applicant has provided the necessary assurance that unfinished portions of the project will be completed, in accordance with ACC 15.68.230(A).
D. Third-Party Review. For the habitat impact assessment required in ACC 15.68.440 or the habitat mitigation plan required in this section, the city may require third-party review when the professional opinions of the applicant’s representative and the city’s reviewers cannot be reconciled. Third-party review requires the applicant’s habitat impact assessment, habitat mitigation plan, and/or additional technical studies to be reviewed by an independent third party, paid for by the applicant but hired by the city. Third-party review shall be conducted by a qualified consultant as defined in the Floodplain Habitat Assessment and Mitigation Regional Guidance, FEMA Region X, 2013. (Ord. 6761 § 1 (Exh. A), 2020.)