18G.20.030 Participation in the PCILF Program.
The County has developed an ILF mitigation program (the PCILF Program) which offers an alternative to permittee-responsible mitigation within Pierce County. Pierce County Planning and Public Works, Division of Surface Water Management, is the Sponsor of this program. This program operates according to the latest version of the PCILF Program Instrument (Instrument) which was developed according to Federal Rule with oversight by the U.S. Army Corps of Engineers and the Washington State Department of Ecology (and is available on the Pierce County Planning and Public Works' public website). See PCC 18G.20.020. Participation in the PCILF Program is subject to the following limitations, requirements and step-wise process:
A. The PCILF Program applies within the Chambers/Clover Watershed (WRIA 12) and those portions of the Nisqually Watershed (WRIA 11) that are within Pierce County unless other areas are identified in the Instrument. Expansion of the program into other areas of the County will require an update to the Instrument according to the processes laid out in that document. The most current version of the Instrument should be consulted to determine current areas of applicability.
B. Optional Participation. The purchase of PCILF credits is an option available to developers that have unavoidable impacts to wetlands and other aquatic resource critical areas within the service areas described above.
C. To use the PCILF Program, Applicants must:
1. Follow the standard PPW review process, as may be applicable.
2. Demonstrate that efforts have been taken to avoid wetland and other aquatic resource impacts.
3. Demonstrate impacts have been minimized to the maximum extent possible and efforts made to incorporate all appropriate measures to rectify, and reduce or eliminate over time any impacts to critical areas (PCC 18E.30.050 A.; PCC 18E.40.050 A.).
4. Illustrate how on-site mitigation may be implemented to the extent possible and ecologically feasible.
5. Demonstrate that some or all of the impacts can be mitigated most effectively off site.
6. Review all available off-site mitigation options (e.g., mitigation banks, ILF program, permittee-responsible).
D. Acceptance and Use of PCILF Program.
1. If PPW determines the PCILF Program offers an ecologically preferable and practicable way to meet mitigation obligations associated with an impact project, the Applicant will be informed in writing.
2. The Applicant then translates the ecological impacts into a number of debits associated with the impact, according to PCC 18G.20.050, and submits an ILF Use Plan (PCC 18G.20.060 – Appendix A) to PPW. This takes the place of a wetland or fish and wildlife mitigation plan.
3. If the Applicant is proposing the use of the PCILF Program to compensate for non-wetland freshwater aquatic resources, the Program Manager shall notify the Interagency Review Team (IRT) for their consideration of this proposal.
4. The Applicant has the option to pay 10 percent of the credit fee, as a down payment, any time after receiving approval of the ILF Use Plan in order to reserve the full amount of credits required for two years. Upon receiving this down payment, the Program Manager will issue a Letter of Intent to Sell (PCC 18G.20.060 – Appendix B), which is the Sponsor's commitment that they will make available the required number of credits for up to two years (PCC 18G.20.040 E.3.).
5. Once the Applicant has received the Wetland or Fish and Wildlife Approval, applicable aquatic resource permits from external resource agencies, and the Pierce County Site Development Permit, Applicant submits the PCILF Credit Purchase Request Form and requests a meeting with the reviewing PPW Biologist then awaits the Credit Purchase Response from the Program Manager.
6. The Applicant must submit a copy of the Credit Purchase Response and full credit fee or balance of credit fee to buy credits to offset their debits.
7. The Program Manager issues a Statement of Sale (PCC 18G.20.060 – Appendix C) to the Applicant upon receiving payment of the full credit fee. The Applicant presents this Statement of Sale to PPW. At this point, the Applicant shall have no further responsibility for compensatory mitigation with respect to the project at issue. The Pre-Construction Meeting may now occur.
8. The PCILF Program Sponsor shall fulfill mitigation obligations according to the Compensation Planning Framework within the Instrument.