18G.20.040 Administration of the Program.
A. Responsibilities of the PCILF Program Sponsor. Pierce County Planning and Public Works, Surface Water Management Division, is the PCILF Program Sponsor. The sponsor has the following responsibilities:
1. Prepare Letters of Intent to Sell, Credit Purchase Response Form, and Statement of Sale, per PCC 18G.20.030 D.
2. Fulfill PCILF credit sales according to the steps laid out in the Instrument. This includes identifying PCILF receiving sites, designing and implementing receiving site restoration/enhancement designs, monitoring and maintaining receiving sites in perpetuity, ensuring long-term site protection, and related tasks.
3. Determine which PCILF receiving site will be used to compensate for each debit project and whether compensation is being provided at a pre-capitalized site or whether advance credits will be used.
4. Maintain the Credit/Debit Ledger which will track the sale of credits from each receiving site and the type, category, and area of impact each credit compensates.
5. Maintain the Fee Ledger which will track all income (credit fees) and expenditures for the program within each service area.
6. Provide an annual report of the status of the PCILF Program which will summarize the Credit/Debit Ledger and Fee Ledger and discuss the success of the program in achieving adequate compensation for unavoidable impacts.
7. Annually review credit fee.
8. Attend public hearings relating to the use of the PCILF Program to compensate for unavoidable impacts to critical areas.
B. Responsibilities of the Applicant.
1. Demonstrate adherence to the mitigation sequence (PCC 18E.30.050 A.; PCC 18E.40.050 A.).
2. Develop ILF Use Plan and submit to PPW.
3. Request statement of Intent to Sell (PCC 18G.20.060 – Appendix B), if desired, and pay associated administration fees.
4. Once all necessary aquatic resource permits have been received, complete Credit Purchase Request Form and submit to PPW.
5. Upon receipt of the Credit Purchase Response from the PCILF Program Manager, submit this to PPW, along with the credit fee.
6. Submit Statement of Sale to PPW and other applicable regulatory agencies.
C. Responsibilities of PPW.
1. Review and evaluate the ILF Use Plan and adequacy of proposed credit purchase to compensate for unavoidable impacts. PPW has the authority to deny the use of the PCILF Program as compensation for impacts on a case-by-case basis.
D. The Price of a Credit.
1. The credit fee is based on full cost accounting of all costs associated with credit fulfillment and administration of the PCILF Program. These include, but are not limited to, the costs of all receiving site properties, demolition, remediation, site assessment, design, construction, irrigation and other short-term maintenance, implementation of contingency measures, long-term monitoring and maintenance, program tracking, evaluation and reporting, site selection, and administering the sale of credits. The fees do not cover any expenses outside of the PCILF Program, nor any associated PPW review fees. Exhibit 6 of the Instrument presents, in tabular format, the costs that comprise the credit fee.
2. The credit fee will be reviewed annually and amended, as necessary, to fully account for the cost of providing ILF mitigation receiving sites and in consideration of additional sites that may have been constructed. Credit fees may increase, decrease, or remain the same at each review. Current fees can be found on the Planning and Public Works, PCILF Program website.
3. The Program Sponsor will establish credit fees for each service area according to the Sponsor's previously constructed/implemented mitigation receiving sites. The costs associated with these sites will be divided by the number of credits generated on the sites. Administration and Contingency program expenses will be included in the credit fees based on percentages of the construction/implementation costs.
E. Purchasing Credits.
1. Credits can be purchased in fractions rounded to the nearest hundredth.
2. Every purchase of credits will require payment of a $50.00 administration fee.
3. A nonrefundable down payment equal to the cost of 10 percent of the required credits (plus the $50.00 administration fee) is required with all requests for a Letter of Intent to Sell Credits. Another $50.00 administration fee is required with payment of the remainder of the credit fee. The Applicant may choose to pay the balance of the credit fee immediately and skip the Intent to Sell option but a one-time, $50.00 administration fee payment still applies.
4. The Sponsor will provide a Letter of Intent to Sell Credits (PCC 18G.20.060 – Appendix B) when they receive payment for 10 percent of the total amount of credits needed to fully mitigate the impact. The Letter of Intent will be valid for two years.
5. Should two years be insufficient time to secure all permits and approvals, the Applicant may submit a request for a one-time, two-year extension to the Program Manager. Granting of extensions will require an additional nonrefundable 10 percent payment (and the associated $50.00 administration fee). Requests for extensions to the Letter of Intent may be denied if the Applicant cannot demonstrate that progress has occurred in the attempt to secure all required environmental permits. Progress can be demonstrated by, but not limited to, submittal of all required applications and associated fees.
6. The Sponsor cannot issue the Statement of Sale until:
a. PPW approves all Critical Area applications.
b. All other required local permits and approvals have been issued, including but not limited to Site Development.
c. PCILF credit fees have been paid in the amount identified by the approval documents issued by PPW.
F. Credit Fee Refunds. Credit fees are not refundable. Credit fees include "mitigation fees" and "land fees."