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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, vandalism, damage due to wildlife grazing, grading errors, and hydro-regime problems. A financial guarantee on a form acceptable to the County is required for the duration of the monitoring period, and the guarantee plus any accrued interest will be released by the County when the required mitigation and monitoring are completed. To determine the amount of the financial guarantee, an estimate shall be submitted to the County detailing the work to be accomplished and the cost thereof. The estimate shall be based on current costs. The County will review the estimate and, if acceptable, will establish the financial guarantee at 125 percent of the estimate to allow for inflation and administration expenses, should the County have to complete the project.

B. Requirements of the monitoring program 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 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 three years and are to be submitted according to the following schedule:

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

(2) Thirty days after completion;

(3) Early in the first growing season after construction;

(4) End of the first growing season after construction;

(5) Twice the second year; and

(6) Annually after the second year.

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

4. 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. The County will require a Right of Entry Form, as set forth in PCC 18E.10.140 – Appendix C, be recorded that allows County staff access to the mitigation area through completion of the monitoring program.

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 damages caused by erosion, settling, or other geomorphological processes.

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

E. Correction procedures shall be approved by the fish or wildlife biologist and the Department Director or designee.

(Ord. 2013-45s4 § 4 (part), 2015; Ord. 2004-56s § 4 (part), 2004)