Common use of Compensatory mitigation Clause in Contracts

Compensatory mitigation. ‌ (1) Before impacting any wetland or its buffer, an applicant shall demonstrate compliance with regulation 1.6(2) of this appendix. (2) Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans--Version 1, (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Publication #09-06-32, Olympia, WA, December 2009). (3) Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when either: A. The lost wetland provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or B. Out-of-kind replacement of wetland type or functions will best meet watershed goals formally identified by the City, such as replacement of historically diminished wetland types. (4) Mitigation for lost or diminished wetland and buffer functions shall rely on the types below in the following order of preference: A. Restoration (re-establishment and rehabilitation) of wetlands. B. Creation (establishment) of wetlands on disturbed upland sites. 1. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the Director of Community Development may authorize creation of a wetland and buffer upon demonstration by the applicant’s qualified wetland scientist that: a. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; b. The proposed mitigation site does not contain invasive plants or noxious weeds or that such vegetation will be completely eradicated at the site; c. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer; and d. The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance.

Compensatory mitigation. ‌ (1) A. Before impacting any wetland or its buffer, an applicant shall demonstrate compliance with that the mitigation sequencing actions in regulation 1.6(2) 1.6.B of this appendixappendix have been taken. (2) B. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans--Version 1, (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Publication #09-06-32, Olympia, WA, December 2009). (3) C. Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when either: A. 1. The lost wetland provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or B. 2. Out-of-kind replacement of wetland type or functions will best meet watershed goals formally identified by the City, such as replacement of historically diminished wetland types. (4) D. Mitigation for lost or diminished wetland and buffer functions shall rely on the types below in the following order of preference: A. 1. Restoration (re-establishment and rehabilitation) of wetlands. B. 2. Creation (establishment) of wetlands on disturbed upland sites. 1. a. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the Director of Community Development approval authority may authorize creation of a wetland and buffer upon demonstration by the applicant’s qualified wetland scientist that: a. i. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; b. The proposed mitigation site does not contain invasive plants or noxious weeds or that such vegetation will be completely eradicated at the site; c. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer; and d. The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance.

Compensatory mitigation. ‌ (1) A. Before impacting any wetland or its buffer, an applicant shall demonstrate compliance with that the mitigation sequencing actions in regulation 1.6(2) 1.7.B of this appendixappendix have been taken. (2) B. Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans--Version 1, (Ecology Publication #06-06-011b, Olympia, WA, March 2006 or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Publication #09-06-32, Olympia, WA, December 2009). (3) C. Compensatory mitigation shall address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the compensatory mitigation to provide similar wetland functions as those lost, except when either: A. 1. The lost wetland provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or B. 2. Out-of-kind replacement of wetland type or functions will best meet watershed goals formally identified by the City, such as replacement of historically diminished wetland types. (4) D. Mitigation for lost or diminished wetland and buffer functions shall rely on the types below in the following order of preference: A. 1. Restoration (re-establishment and rehabilitation) of wetlands. B. 2. Creation (establishment) of wetlands on disturbed upland sites. 1. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the Director of Community Development may authorize creation of a wetland and buffer upon demonstration by the applicant’s qualified wetland scientist that: a. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; b. The proposed mitigation site does not contain invasive plants or noxious weeds or that such vegetation will be completely eradicated at the site; c. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer; and d. The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance.