18E.30.050 Mitigation Requirements.
A. Mitigation. All regulated development activities in wetlands or buffers shall be mitigated according to this Title subject to the following order:
1. Avoiding the impact altogether by not taking a certain action or parts of actions;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to reduce impacts;
3. The following types of mitigation (in the following order of preference):
a. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
b. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
c. Compensating for the impact by replacing or providing substitute resources or environments. The purchase of credits from an in-lieu fee mitigation program (ILF program) or wetland mitigation bank may be an acceptable means of meeting this requirement for compensation (see Chapters 18G.20 and 18G.30 PCC);
4. Monitoring the impact and compensation and taking appropriate corrective measures; and
5. Mitigation for individual actions may include a combination of the above measures.
B. Mitigation for Regulated Activities in Wetland Buffers. Non-compensatory mitigation shall be required for all regulated activities in buffers. Specific mitigation plan requirements are provided in PCC 18E.30.070 – Appendix C. Approval of the mitigation plan shall be signified by a notarized memorandum of agreement signed by the applicant and Department Director or designee, and recorded with the Pierce County Auditor. The agreement shall refer to all requirements for the mitigation project.
C. Mitigation for Regulated Activities in Wetlands. Compensatory mitigation shall be required for regulated activities that result in the loss of wetland acreage. Non-compensatory mitigation shall be required for regulated activities that do not result in the loss of wetland acreage. Specific mitigation plan requirements are provided in PCC 18E.30.070 – Appendices D and E. Whenever compensatory mitigation is provided through an ILF program or wetland mitigation bank, an ILF use plan (PCC 18G.20.050 – Appendix A) is required in place of a compensatory mitigation plan.
1. The compensatory mitigation plan shall be completed in two phases, a conceptual phase and a detailed phase.
a. Conceptual phase. The applicant shall submit to the Department a conceptual mitigation plan for compensatory mitigation. Where environmental review is required, the Department shall not make a threshold determination prior to Department review and approval of the conceptual mitigation plan. See PCC 18E.30.070 – Appendix D for specific requirements of the conceptual mitigation plan.
b. Detailed phase. Following the Department's approval of the conceptual mitigation plan, the applicant shall submit a detailed mitigation plan for compensatory mitigation to the Department. See PCC 18E.30.070 – Appendix E for specific requirements of the detailed mitigation plan.
2. The detailed mitigation plan shall be prepared, signed, and dated by the wetland specialist to indicate that the plan is in accordance with specifications determined by the wetland specialist. A signed original mitigation plan shall be submitted to the Department.
3. Approval of the detailed mitigation plan shall be signified by a notarized memorandum of agreement signed by the applicant and Department Director or designee, and recorded with the Pierce County Auditor. The agreement shall refer to all requirements for the mitigation project.
4. The mitigation project shall be completed according to a schedule agreed upon between the Department and the applicant.
5. Wetland mitigation shall occur according to the approved wetland mitigation plan and shall be consistent with provisions of this Chapter and Title.
6. The wetland specialist shall be onsite during construction and plant installation phases of all mitigation projects.
7. On completion of construction for the wetland mitigation project, the wetland specialist shall submit an as-built report to the Department for review and approval.
D. Mitigation Banking. [Reserved]